Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet City Council - 10/21/2025
City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, October 21, 2025 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 inglés es limitado, habrá un intérprete inglés-español 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 Matthew Morse with Parkway Presbyterian Church. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Julian Johnson, 12th grader at South Texas Science and Technology. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. Page 1 City of Corpus Christi Printed on 10/20/2025 October 21, 2025City Council Meeting Agenda - Final-revised E.PUBLIC COMMENT - Public comment prior to the General Public Comment period, scheduled at approximately 5:30 p.m., will only be on action items on this City Council agenda unless otherwise specified. Sign-up to speak at 5:30 p.m. is at www.corpuschristitx.gov/signin or at the City Council kiosk. Each speaker is limited to a total of no more than 3 minutes per speaker. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at https://corpuschristitx.gov/department-directory/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City’s Communications Department at least 24 hours prior to the Meeting. Please contact Communications at (361) 826-3211 to coordinate. The right to publicly comment prior to any item being considered constitutes a public hearing for all items on this agenda. F.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1 - 3) 1.25-1646 Introduction of Dr. Anita Kurian, Director of Public Health 2.25-1641 H-E-B sponsorship of Corpus Christi Museum Admissions 3.25-1647 Items Benefiting the Community on the October 21, 2025 City Council Meeting Agenda G.BOARD & COMMITTEE APPOINTMENTS: (NONE) H.EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. I.CONSENT AGENDA: (ITEMS 4 - 15) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4.25-1629 Approval of the October 14, 2025 Regular Meeting Minutes. Sponsors:City Secretary's Office Consent - Second Reading Ordinances Page 2 City of Corpus Christi Printed on 10/20/2025 October 21, 2025City Council Meeting Agenda - Final-revised 5.25-1448 Ordinance authorizing the acceptance of $15,000.00 from the National Recreation & Park Association for use by the Parks & Recreation Department for the Heart Your Park Volunteer Days and appropriating $15,000.00 in the Parks & Recreation Grants Fund. Sponsors:Parks and Recreation Department 6.25-1518 Zoning Case No. ZN8853, Eduardo Gonzalez (District 3). Ordinance rezoning a property at or near 4921 Kostoryz Road from the “RS-6” Single-Family 6 District to the “CN-1/SP” Neighborhood Commercial District with a Special Permit; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Sponsors:Development Services Consent - Contracts and Procurement 7.25-1402 Motion authorizing execution of a one-year cooperative agreement with De La Garza Fence Company of San Antonio, Texas, through the BuyBoard Purchasing Cooperative, in the amount not to exceed $175,550.00 for the purchase and installation of a chain-link fence for the Public Works Department Materials Yard, with FY 2025 funding of $87,775.00 from the Streets Fund and $87,775.00 from the Storm Water Fund. Sponsors:Public Works/Street Department and Finance & Procurement 8.25-1593 Motion authorizing execution of amendment #1 to the service agreement with Linebarger, Goggan, Blair, & Sampson, LLP for delinquent fine collection services for Municipal Court to extend the term of the agreement for five years. Sponsors:Municipal Court Administration and Finance & Procurement 9.25-1365 Motion authorizing a one-time purchase of a compressed natural gas storage tank from ZeitEnergy, LLC of Irving, Texas for $137,700.00 for the City's CNG fleet with FY 2026 funding from the Gas Fund. Sponsors:Gas Department and Finance & Procurement Consent - Capital Projects 10.25-1500 Motion authorizing three change orders with Bay Ltd. of Corpus Christi for the Residential Street Rebuild Program for FY 2026 to reconstruct residential streets as planned in the Rapid Pavement Program in the amount of $3,000,000.00 each for a total amount up to $9,000,000.00 for (1) Base Bid 2 for a restated contract amount up to $15,000,000.00, (2) Base Bid 5 for a restated contract amount up to $15,000,000.00, and (3) Base Re-Bid 4 for a restated contract amount up to $15,000,000.00, located city-wide, with FY26 funding available from Residential Street Reconstruction Fund, Storm Water, Wastewater, Water and Gas Capital Funds. Sponsors:Public Works/Street Department, Engineering Services and Finance & Procurement Page 3 City of Corpus Christi Printed on 10/20/2025 October 21, 2025City Council Meeting Agenda - Final-revised 11.25-1569 Resolution awarding a construction contract to MAX Underground Construction, LLC of Corpus Christi for the reconstruction of Castenon Street, from Trojan Drive to Delgado Street, with new asphalt pavement, curb and gutter, sidewalk, driveways, signage, pavement markings, ADA ramps and utility improvements in an amount up to $3,574,312.30, located in Council District 3 with FY 2026 funding available from the Street Bond 2018, Storm Water, Water, Wastewater, and Gas Funds. Sponsors:Public Works/Street Department, Engineering Services and Finance & Procurement 12.25-1582 Resolution awarding a construction contract to Weaver & Jacob Constructors, Inc., of Cuero, Texas for the Commodore Park Improvements project to construct Phase I improvements to include a covered basketball court pavilion, tennis courts, pickleball courts, fenced playground area, concrete walking trail, picnic area, concrete parking lot with golf cart parking, and park lighting in an amount up to $3,448,147.00, located in Council District 4, with FY 2026 funding available from the G.O. Bond 2024. Sponsors:Parks and Recreation Department, Engineering Services and Finance & Procurement General Consent Items 13.25-1490 Resolution authorizing execution of Interlocal Agreements for participation in the Coastal Bend Public Safety Radio System. Sponsors:Information Technology Services 14.25-1642 Resolution approving the 2026 calendar year City Council meeting schedule. Sponsors:City Secretary's Office Consent - First Reading Ordinances 15.25-1574 Ordinance authorizing a budget adjustment and amending the Operating Budget for Fiscal Year 2026 for the parking lot expansion and resurfacing project at Gabe Lozano Golf Course, with funding from the Golf Center Fund in the amount of $400,000. Sponsors:Parks and Recreation Department J.RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. K.PUBLIC HEARINGS: (ITEMS 16 - 19) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 16.25-1406 Zoning Case No. ZN8548, Al Development, Inc. (District 4). Ordinance Page 4 City of Corpus Christi Printed on 10/20/2025 October 21, 2025City Council Meeting Agenda - Final-revised rezoning a property at or near 6502 Holly Road from the “CN-1” Neighborhood Commercial District to the “CG-2” General Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend denial)(3/4 favorable vote required to overrule Planning Commission). Sponsors:Development Services 17.25-1408 Zoning Case No. ZN8622, John Tompkins (District 4). Ordinance rezoning a property at or near 14762 Running Light Drive from the “RM-AT/IO” Multifamily District with the Island Overlay to the “RM-AT/IO/PUD” Multifamily 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 18.25-1564 Motion authorizing city manager or designee to execute a Deferment Agreement (“Agreement”) with Solid Rock Commercial Properties, Ltd (“Developer”), for the construction of paving, storm sewer, water, and sanitary sewer improvements at Solid Rock Industrial Park - Phase 1. Sponsors:Development Services 19.25-0618 Resolution authorizing the reuse of city parkland for the Civitan Service Center to be located at Sacky Park in Council District 3. Sponsors:Parks and Recreation Department, Asset Management Department and Public Works/Street Department L.INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 20 - 25) The following items are motions, resolutions or ordinances that may be considered and voted on individually. 20.25-1634 One-Reading ordinance authorizing execution of a Groundwater Rights Purchase and Sale Agreement with Evangeline/Laguna, LP in the amount of $169,491,700.00; execution of an Interlocal Cooperation Agreement with the City of Sinton and an Agreement with St. Paul Water Supply Corporation for possible remediation activities due to the Evangeline Groundwater Project; and amending the FY 2026 Capital Budget, with FY 2026 funding available from Water Capital Fund. Sponsors:Corpus Christi Water 21.25-1665 Consideration and approval of a resolution relating to establishing the City’s intention to reimburse itself for the prior lawful expenditure of funds relating to any capital expenditures from the proceeds of one or more series of tax-exempt or taxable obligations to be issued by the City in an aggregate amount not to exceed $169,500,000 for authorized purposes, including the Evangeline groundwater rights project; authorizing other Page 5 City of Corpus Christi Printed on 10/20/2025 October 21, 2025City Council Meeting Agenda - Final-revised matters incident and related thereto; and providing an effective date . Sponsors:Finance & Procurement 22.25-1663 Resolution to authorize petitions and other appropriate information and documents to be submitted to the Corpus Christi Aquifer Storage and Recovery Conservation District to include City-owned properties in the District under Texas Water Code section 36.321. Sponsors:Corpus Christi Water 23.25-1554 Motion authorizing a Short-term non-refundable Option for Potable Water Reservation and Diversion Contract with the Nueces River Authority to reserve 56,007-acre feet per year (50 MGD) from the Harbor Island Seawater Desalination Plant in the amount of $2,737,622.16, with FY 2026 funding available from the Water Fund. Sponsors:Corpus Christi Water 24.25-1601 Resolution casting votes for candidate(s) for the Nueces County Appraisal District Board of Directors Sponsors:City Secretary's Office 25.25-1661 Resolution approving the Skatepark for Billish Park CIP Tax Increment Reinvestment Zone #2 (“TIRZ #2”) Project in an amount not to exceed $850,000.00; appropriating and transferring $850,000.00 from the Sand Dollar CIP TIRZ #2 Paper Street Project to the Skatepark for Billish Park CIP TIRZ #2 Project. Sponsors:Planning and Economic Development Department and Parks and Recreation Department M.BRIEFINGS: (ITEMS 26 - 27) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. No action will be taken and no public comment will be solicited. The City Manager or City Council Liaison for any city board, commission, committee or corporation (including Type A or B Corporation) may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. 26.25-1636 Hydrogeological Analysis and Modeling for the Nueces Groundwater Project and the Evangeline Groundwater Project by INTERA Sponsors:Corpus Christi Water 27.25-1664 Water Supply Update Sponsors:Corpus Christi Water N.EXECUTIVE SESSION: (ITEMS 28 - 30) 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 Page 6 City of Corpus Christi Printed on 10/20/2025 October 21, 2025City Council Meeting Agenda - Final-revised 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. 28.25-1649 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 rules and regulations of state of Texas, EPA, TCEQ, TWDB, Texas Railroad Commission, San Patricio County Groundwater Conservation District, and legal rights, property rights, and/or contracts related to purchase and/or sale of groundwater, including water rights in property accessing the Evangeline Aquifer in San Patricio County adjacent and/or near US Highway 181, US Highway 77, US Highway 77 Business, Highway 89, and/or the Aransas River, and other sources, and Texas Government Code § 551.072 to discuss and deliberate the purchase or value of the aforementioned rights to real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, including, but not limited to, potential consideration of authorization to enter agreement(s) for professionals for services related to these property rights, interlocal agreements and other agreements with government entities near the aforementioned property(ies) and/or the purchase of the property or property(ies) at and/or adjacent to locations (if any) described herein. 29.25-1666 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 rules and regulations of the state of Texas, EPA, TCEQ, TWDB, Texas Railroad Commission, other regulatory entities, and legal rights, property rights, and contracts related to potable water monitoring and/or sampling, and/or the production, purchase, and/or sale of water, including desalinated seawater and other sources and any legal issues related to a potential Short-term non-refundable Option for Potable Water Reservation and Diversion Contract with the Nueces River Authority. 30.25-1656 Executive Session pursuant to Texas Gov’t Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to personnel matters and the City Manager and Texas Gov’t Code § 551.074 (personnel matters) to deliberate the annual performance evaluation of a public officer or employee (including the City Manager). O.GENERAL PUBLIC COMMENT – APPROXIMATELY 5:30 P.M. ON CITY-RELATED MATTERS. Page 7 City of Corpus Christi Printed on 10/20/2025 October 21, 2025City Council Meeting Agenda - Final-revised P.ADJOURNMENT Page 8 City of Corpus Christi Printed on 10/20/2025 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, October 14, 2025 Mayor Paulette Guajardo to call the meeting to order.A. Mayor Guajardo called the meeting to order at 11:33 a.m. Invocation to be given by Pastor Rob Bailey with Southside Community Church.B. Rob Bailey with Southside Community Church gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Girl Scout Troop #4064. C. Girl Scout Troop #4064, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. 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 Council Member Roland Barrera,Council Member Carolyn Vaughn,Council Member Gilbert 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 Present:9 - PUBLIC COMMENTE. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEM 1)F. 1.25-1619 Items Benefiting the Community on the October 14, 2025 City Council Meeting Agenda City Manager Peter Zanoni presented information on the following topics: Fire Station No. 8 replacement (Kostoryz Rd.) construction contract; scope of work; Fire Station No. 10 replacement (Horne Rd.) construction contract; scope of work; Oak Park Playground upgrades; scope of work; site plan; and The Texan Lease Agreement. BOARD & COMMITTEE APPOINTMENTS: (ITEM 2)G. Page 1City of Corpus Christi Printed on 10/16/2025 October 14, 2025City Council Meeting Minutes 2.25-1583 Coastal Bend Council of Governments Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Coastal Bend Council of Governments: Appointed: Dan McGinn (Regular Member) EXPLANATION OF COUNCIL ACTION:H. CONSENT AGENDA: (ITEMS 3 - 14)I. Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Items 10 and 11 were pulled for individual consideration. Council Member Scott moved to approve the consent agenda with the exception of Items 10 and 11, seconded by Council Member Hernandez. The motion carried by the following vote: Aye: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 9 - Abstained:0 3.25-1620 Approval of the October 3 City Council Workshop and October 7, 2025 Regular Meeting Minutes. The Minutes were approved on the consent agenda. Consent - Second Reading Ordinances 4.25-1474 Ordinance authorizing the acceptance of grant funds in an amount of $106,064.00 from the Texas Department of Transportation for the 2026 Comprehensive Selective Traffic Enforcement Project for overtime for sworn officers to increase traffic enforcement in Corpus Christi, with a City match of $29,263.69 in overtime hours and fringe benefits for sworn officers, with funds available from the FY 2026 General Fund; and appropriating $106,064.00 in the Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033773 Page 2City of Corpus Christi Printed on 10/16/2025 October 14, 2025City Council Meeting Minutes 5.25-1307 Ordinance authorizing the acceptance of up to $1,500.00 donation from VCA Charities for a Corpus Christi Animal Care Services staff person to attend training for VCA Charities’ “Dog Day Out” adoption training in Phoenix, Arizona, from November 3 to November 7, 2025; and appropriating up to $1,500 into the Animal Care Services Grant Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033774 6.25-1324 Ordinance authorizing a Development Participation Agreement with Braselton Development Company, LTD to reimburse the developer for the oversizing of the street infrastructure improvements on Lady Claudia Street not to exceed $143,198.45 for the development known as London Towne Subdivision Unit 12 (District 3). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033775 7.25-1323 Ordinance authorizing a Developer Participation Agreement with Braselton Development Company, LTD to reimburse the developer up to $339,859.93 for the construction of the Lady Claudia Street Drainage Crossing for the development of London Towne Subdivision Unit 12. (District 3) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033776 Consent - Contracts and Procurement 8.25-1243 Motion authorizing execution of a one -year supply agreement, with two one -year options, with STAline Waterworks, Inc., in an amount up to $273,478.00, with a potential of up to $820,434.00 if options are exercised, for the purchase of gate valves for Corpus Christi Water (CCW), with FY 2026 funding of $273,478.00 from the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2025-143 9.25-1528 Motion authorizing execution of a five-year service agreement with Rochester Armored Car Co., Inc., of Omaha, Nebraska, in the amount of $227,280.00 for armored courier services needed city-wide, with FY 2026 funding of $37,980.00 from various departments’ funds. This Motion was passed on the consent agenda. Enactment No: M2025-144 Consent - Capital Projects Page 3City of Corpus Christi Printed on 10/16/2025 October 14, 2025City Council Meeting Minutes 10.25-1567 Motion authorizing a construction contract to Catamount Constructors, Inc., San Antonio, Texas, for the construction of new Fire Station No.8 Replacement project (Kostoryz Road) and the demolition of the existing Fire Station No.8 in an amount not to exceed $9,614,779.09, located in Council District 3 with FY 2026 funding available from the G.O. Bond 2024 fund. City Manager Peter Zanoni, Director of Engineering Services Jeff Edmonds, and Fire Chief Brandon Wade responded to Council questions. Mayor Guajardo opened public comment. Rachel Caballero, Corpus Christi, TX, spoke. Mayor Guajardo closed public comment. Council Member Barrera moved to approve the motion, seconded by Council Member Paxson. This Motion was passed and approved with the following vote: Aye: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 9 - Abstained:0 Enactment No: M2025-145 11.25-1568 Motion authorizing a construction contract to Catamount Constructors, Inc., San Antonio, Texas for the construction of new Fire Station No. 10 Replacement project (Horne Road) and the demolition of the existing Fire Station No.10 in an amount not to exceed $9,380,802.60, located in Council District 3 with FY 2026 funding available from the G.O. Bond 2024 fund. See Item 10. Aye: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 9 - Abstained:0 Enactment No: M2025-146 12.25-1513 Motion awarding a construction contract to A.Z. Rebar Construction, Inc., of Corpus Christi for the O.N. Stevens Water Treatment Plant (ONSWTP) Security Upgrade - Phase 1 Concrete Fence project in an amount up to $5,329,571.00 for the Base Bid plus Additive Alternates, located in Council District 1, with FY 2026 funding available from the Water CIP Fund. This Motion was passed on the consent agenda. Enactment No: M2025-147 Page 4City of Corpus Christi Printed on 10/16/2025 October 14, 2025City Council Meeting Minutes 13.25-1541 Motion awarding a construction contract to Bonco LLC, of Driscoll, Texas, for the City Wide Park Upgrades Oak Park Playground project, in an amount up to $310,056.18, located in Council District 1, with FY 2026 funding available from the Community Development Block Grant (CDBG). This Motion was passed on the consent agenda. Enactment No: M2025-148 Consent - First Reading Ordinances 14.25-1448 Ordinance authorizing the acceptance of $15,000.00 from the National Recreation & Park Association for use by the Parks & Recreation Department for the Heart Your Park Volunteer Days and appropriating $15,000.00 in the Parks & Recreation Grants Fund. This Ordinance was passed on first reading on the consent agenda. RECESS FOR LUNCHJ. Mayor Guajardo recessed the Council meeting for lunch at 1:53 p.m. Executive Session Items 20-22 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 3:23 p.m. PUBLIC HEARINGS: (ITEMS 15 - 16)K. 15.25-1517 Zoning Case No. ZN8823, Corpus Project, LLC. (District 4). Ordinance rezoning a property at or near 125 Glenoak Drive from the “RS-6” Single-Family 6 District to the “RM-1” Multifamily District and the “CN-1” Neighborhood Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (3/4 favorable vote required due to opposition exceeding 20%). Interim Assistant City Manager Michael Dice presented information on the following topics: zoning and land use; public notification; zoning and future land use map; and analysis and recommendation. Assistant Director of Development Services Andrew Dimas and Applicant Representative Ken Brown responded to Council questions. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. The second reading will be held on November 18. Page 5City of Corpus Christi Printed on 10/16/2025 October 14, 2025City Council Meeting Minutes Council Member Paxson moved to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: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 9 - Abstained:0 16.25-1518 Zoning Case No. ZN8853, Eduardo Gonzalez (District 3). Ordinance rezoning a property at or near 4921 Kostoryz Road from the “RS-6” Single-Family 6 District to the “CN-1/SP” Neighborhood Commercial District with a Special Permit; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Interim Assistant City Manager Michael Dice presented information on the following topics: zoning and land use; public notification; and analysis and recommendation. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Cantu moved to approve the ordinance, seconded by Council Member Campos. This Ordinance was passed on first reading and approved with the following vote: Aye: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 9 - Abstained:0 INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 17 - 18)L. 17.25-1036 Ordinance authorizing execution of a 40-year lease agreement with Dlugosch III, LLC, DBA The Texan Stores, with one additional 10-year option to renew, for eight acres at the Corpus Christi International Airport to construct and operate a convenience store and fueling station; and providing for publication and an effective date. (28-day delay required between readings) Director of Aviation Richard McCurley presented information on the following topics: The Texan Lease Agreement; and design concept. City Manager Peter Zanoni, Director McCurley, and Assistant Director of Aviation Jeremy Valgardson responded to Council questions. Mayor Guajardo opened public comment. Page 6City of Corpus Christi Printed on 10/16/2025 October 14, 2025City Council Meeting Minutes Rachel Caballero, Corpus Christi, TX, spoke. Mayor Guajardo closed public comment. Council Member Campos moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye:Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy 8 - Abstained:Mayor Guajardo1 - 18.25-1624 Ordinance amending the Roadway Master Plan Map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, to remove a section of Freds Folly Drive, located between Master Channel 31 and Yorktown Boulevard; and providing for publication, as requested by City Council members Roland Barrera, Mark Scott, and Everett Roy. Assistant Director of Public Works Renee Couture presented information on the following topics: Roadway Master Plan; site development plan; 2024-2025 Elementary School zones; 2025-2026 Middle School zones; option 1-removal; option 2-reroute; and option 3-Las Bahias Drive. City Manager Peter Zanoni, City Attorney Miles Risley, Assistant Director Couture, Fire Chief Brandon Wade, and Representative for Munoz Engineering Dennis Zamora responded to Council questions. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Cantu moved to table this Item for 30 days, seconded by Council Member Scott. This Item was tabled with the following vote: Aye:Council Member Barrera, Council Member Vaughn, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy 8 - Nay:Council Member Hernandez1 - Abstained:0 BRIEFINGS: (ITEM 19)M. 19.25-1611 Update on Water Supply Projects Page 7City of Corpus Christi Printed on 10/16/2025 October 14, 2025City Council Meeting Minutes Interim Chief Operations Officer of Corpus Christi (CCW) Water Nick Winkelmann presented information on the following topics: water supply projects update; 7-day streamflow anomaly; week 3-4 temp/precip outlook; Nueces River Groundwater Wells; Evangeline Groundwater; NRA-Harbor Island Seawater Desalination; reuse alternatives; CC Polymers Seawater Desalination Plant; South Texas Water Authority; and supplemental water supply projects. City Manager Peter Zanoni, Interim COO Winkelmann, and Water Resource Manager Esteban Ramos responded to Council questions. EXECUTIVE SESSION: (ITEMS 20 - 22)N. 20.25-1604 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 rules and regulations of state of Texas, EPA, TCEQ, TWDB, Texas Railroad Commission, San Patricio County Groundwater Conservation District, and legal rights, property rights, and/or contracts related to purchase and/or sale of groundwater, including water rights in property accessing the Evangeline Aquifer in San Patricio County adjacent and/or near US Highway 181, US Highway 77, US Highway 77 Business, Highway 89, and/or the Aransas River, and other sources, and Texas Government Code § 551.072 to discuss and deliberate the purchase or value of the aforementioned rights to real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, including, but not limited to, potential consideration of authorization to enter agreement(s) for professionals for services related to these property rights, interlocal agreements and other agreements with government entities near the aforementioned property(ies) and/or the purchase of the property or property(ies) at and/or adjacent to locations (if any) described herein. This E-Session Item was discussed in executive session. 21.25-1603 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 potential transactions with CC Polymers and/or related entities, including, but not limited to, state and federal laws and EPA and TCEQ regulations related thereto and property rights in property on which said entity is located and Texas Government Code § 551.072 to discuss and deliberate the purchase or value of the aforementioned rights to real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, including, but not limited to, potential consideration of authorization to enter agreement(s) for professionals for services related to said entities and/or property rights. This E-Session Item was discussed in executive session. Page 8City of Corpus Christi Printed on 10/16/2025 October 14, 2025City Council Meeting Minutes 22.25-1627 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 groundwater, wells, and pumping and the proposed Nueces Groundwater Conservation District and/or the Corpus Christi Aquifer Storage and Recovery Conservation District and state and federal laws and TCEQ regulations related thereto. This E-Session Item was discussed in executive session. GENERAL PUBLIC COMMENTO. Mayor Guajardo opened public comment. The following individuals spoke: Jose Perez, Jr., Corpus Christi, TX, Sondra Meyer, Corpus Christi, TX, Bradley Bartilson, Corpus Christi, TX, Susie Luna Saldana, Corpus Christi, TX, Adam Rios, Corpus Christi, TX, Richard Saam, Corpus Christi, TX, Isabel Araiza, Corpus Christi, TX, Eric Von Wade, Corpus Christi, TX, Rachel Caballero, Corpus Christi, TX, Jason Hale, Corpus Christi, TX, Robin Cox, Corpus Christi, TX, Hannah Harrelson, Corpus Christi, TX, Christina English, Corpus Christi, TX, Henry Williams, Corpus Christi, TX, Eli McKay, Corpus Christi, TX, Lonnie Laningham, Corpus Christi, TX, and Jason Followell, Aransas Pass, TX. The following individual submitted a written public comment which is attached to the minutes: Barbara Craig-Schniepp, Corpus Christi, TX. ADJOURNMENTP. There being no further business, Mayor Guajardo adjourned the meeting at 6:31 p.m. Page 9City of Corpus Christi Printed on 10/16/2025 Tuesday, October 14, 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, October 14, 2025 Name Barbara Craig-Schniepp Address 602 Mcclendon Street CORPUS CHRIST, Texas, 78404 Please select the Board, Committee, or governing body that your comments are directed to: City Council Are you a resident of Corpus Christi?Yes What district do you reside in?District 2 Topic general Agenda Item Number general Comment While I may often not agree with your decisions, I want to thank you for serving the city on the Council. It is not an easy job, and we need dedicated people to do it. Provide an email to receive a copy of your submission. barbcs2009@gmail.com DATE: October 14, 2025 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks & Recreation Department Robertd4@cctexas.com 361-826-3133 CAPTION: Ordinance accepting and appropriating grant funds totaling $15,000.00 from the National Recreation & Park Association for funding for the Heart Your Park Volunteer Days for the Parks & Recreation Department and appropriating the funds in the Parks & Recreation Grant Fund. SUMMARY: This ordinance authorizes the Parks & Recreation Department to accept and appropriate grant funds from the National Recreation & Park Association (NRPA). NRPA is managing the administrator of this grant made possible through the support of CITGO Petroleum Corporation. Grants made through this Program (Caring for the Coast) are intended to support building coastal communities that may be impacted by natural disasters by investing in enhancements in local parks and recreation and facilitating community engagement and environmental education events. 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 Parks and Recreation Department has been a grant recipient of the Heart Your Park grant from 2018 to 2025, excluding 2020 due to COVID. For FY25, the Mayor and City Council approved a similar ordinance on July 22, 2025, to accept $15,000 in grant funds for the Heart Your Park Volunteer Days. This specific ordinance for consideration is to accept and appropriate grant funds for FY26. Ordinance accepting & appropriating grant funds from the National Recreation & Park Association for Heart Your Park Volunteer Days. AGENDA MEMORANDUM Action Item for the City Council Meeting October 14, 2025 This grant has been beneficial in expanding community engagement opportunities and educating the community on the importance of conserving, preserving and improving park lands in our local community. Throughout the years, Heart Your Park events have been conducted at Oso Bay Wetlands Preserve (Council District 4), Doddridge Park (Council District 2), and Hans Suter Wildlife Refuge (Council District 4) which includes general park clean ups, beautification and educational signage. Prior projects have utilized approximately 33 volunteers, totaling 100 volunteers for the three events. By accepting this grant, the Department’s efforts will focus on the following parks within our park system where volunteers can best assist in ground cleaning efforts: • Blucher Nature Park, 209 S. Tancahua Street (Council District 1) • Hans & Pat Suter Wildlife Refuge, 909 Ennis Joslin Road (Council District 4) • Oso Bay Wetlands Preserve, 2446 N. Oso Parkway (Council District 4) The following grant objectives are opportunities for hands-on volunteer service to educate the community on the importance of environmental conservation efforts that enhance the quality of life for residents: • Engage 100 community volunteers in a total of 400 hours of work to conserve/restore public park lands/resources through a minimum of three total events. • Conduct local community outreach through web, social media, and local press release for promotion. • Provide opportunities for corporate employees and individuals to contribute to the Project through hands-on volunteer activities and/or educational experiences. ALTERNATIVES: The alternative is not to accept the grant. However, doing so would eliminate beneficial opportunities to conserve, preserve and improve park land for people and wildlife by engaging the community. FISCAL IMPACT: There is no fiscal impact for the application process. No City cash match is required if the funding is awarded. Funding Detail: Fund: 1067 Parks & Recreation Fund Organization/Activity: 844125L Department: 27 Parks & Recreation Account: 520070 Food/Food Supplies; 520180 Landscaping Materials; 530500 Printing Advertising & PR RECOMMENDATION: Staff recommend authorizing the ordinance to accept and appropriate grant funds from NRPA in the amount of $15,000.00. LIST OF SUPPORTING DOCUMENTS: Ordinance Memorandum of Understanding Presentation Ordinance authorizing the acceptance of $15,000.00 from the National Recreation & Park Association for use by the Parks & Recreation Department for the Heart Your Park Volunteer Days and appropriating $15,000.00 in the Parks & Recreation Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funding in the amount of $15,000 is accepted by the City of Corpus Christi (“City”) from National Recreation & Park Association under the Heart Your Park Grant Program and $15,000 is appropriated into the FY 2026 Parks & Recreation Grant Fund. SECTION 2. City Manager or designee (“City Manager”) is authorized to execute all documents necessary to accept the funding indicated in Section 1 of this ordinance. SECTION 3. City Manager may reject or terminate this grant. Furthermore, City Manager is authorized to execute contract amendments pertaining to these grant funds in the following instances: a) for the carry-over of funds, when ascertained and approved by the funding agency through a revised notice of award; b) a no -cost extension; c) when an amendment will provide supplemental grant funds in an amount not to exceed 20% of the original grant amount; d) for reimbursement increases of administration funds for each participant served; e) to comply with applicable State or federal laws and regul ations; and f) for matters which do not change the essential purpose of the grant. SECTION 4. The Director of Parks & Recreation 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 funds, the City assures that the funds will be returned to the appropriate 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 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU), entered into as of the date of the last signature affixed hereto (Effective Date), is made between National Recreation and Park Association, Incorporated, a New York not-for-profit corporation and Section 501(c)(3) organization located at 22377 Belmont Ridge Road, Ashburn, Virginia, 20148 (“NRPA” or “Grantor”) and the City of Corpus Christi, Texas, herein referred to as (“City” or “Grantee”). 1. Purpose The purpose of this MOU is to confirm approval of the terms governing the acceptance and use of Fifteen Thousand Dollars ($15,000) (Grant Funds) made available to Grantee (Corpus Christi Parks and Recreation Department), a provider of park, recreation, or community services located at Blucher Nature Park, 209 S Tancahua St., Hans & Pat Suter Wildlife Refuge, 909 Ennis Joslin Road, and Oso Bay Wetlands Preserve, 2446 N. Oso Parkwayin , Corpus Christi, Texas for the implementation of the project selected for grant funding (“Project”): Heart Your Park Volunteer Days. Made possible through the support of CITGO Petroleum Corporation, NRPA is managing the administration of the grant program (Program). Grants made through this Program are intended to support building climate-ready coastal communities that are resilient to the impacts of natural disasters by investing in natural riparian enhancements in local parks and recreation and facilitating community engagement and environmental education events. Having been selected as a recipient of Grant Funds through this Program, Grantee is required to accept the terms contained within this MOU in order to receive the Grant Funds and participate in this Project. 2. Project Funding A. Within forty-five (45) days upon execution of this MOU and delivery to NRPA, NRPA will send Grantee a check or wire transfer in the amount of Fifteen Thousand Dollars] ($15,000) B. Grant Funds will be distributed by NRPA C. No matching funds are required D. It is expressly understood that the NRPA has no obligation to provide additional support or funds to the Grantee for this Project or any other project or purposes. 3. Grantee Requirements Grantee will use the Grant Funds to: 1. Engage 100 community volunteers in a total of 400 hours of work to conserve and restore public park lands/resources through a minimum of 3 total events at parks including Blucher Nature Park, 209 S Tancahua St., Hans & Pat Suter Wildlife Refuge, 909 Ennis Joslin Road, and Oso Bay Wetlands Preserve, 2446 N. Oso Parkwayin, Corpus Christi, TX 2. Strengthen partnerships between community members and their local parks to ensure a more resilient community. 3. Participate in a mandatory project orientation call with NRPA. 4. Complete Project by May 15, 2026 5. Conduct local community outreach through web, social media, and local press release to help promote the Program in accordance with all press and promotional prior approvals. NRPA will provide a toolkit of sample content for this outreach. 6. Document and share with NRPA success stories, press releases, photos, videos, quotes, local media coverage and highlights throughout the project and grant period. 7. Provide opportunities for Citgo employees to contribute to the Project through hands-on volunteer activities and/or educational experiences, to be mutually agreed upon in advance. 8. Contribute to publishing a blog on NRPA’s Open Space Blog to share experience and best practices for implementing nature-based solutions 9. Participate in a virtual panel for a learning series about nature-based solutions 10. Provide opportunity for recognition of Citgo Petroleum Corporation during events. 11. Submit Final report by May 29th, 2025 (template provided by NRPA), including: 11.1. Summary of the Project status 11.2. Impact numbers of restoration activities 11.3. Changes to the budget and final budget reporting 11.4. Records of public outreach and press coverage 11.5. Update on Citgo employee and community engagement events 11.6. Photos showing current progress and activities 11.7. Success of project stories and quotes 4. Promotion NRPA and CITGO Petroleum Corporation may use Grantee and/or park names, photos, and/or information in connection with the Project for promotional or other purposes associated with the Project, in any and all media, without limitation and without further payment, notification, or permission, except where prohibited by law. If the Grantee’s photo release form does not cover promotional and other uses, NRPA can provide one upon request. NRPA also grants the City of Corpus Christi a limited, non-exclusive, and royalty-free license to use NRPA’s name, trademark, logos, and other identifying marks ("Licensed Marks") for promotional or other purposes associated with the Project, unless prohibited by law. NRPA shall have the right to review and approve the use of the Licensed Marks, as well as any and all related promotional and advertising material, in order to ensure that the use of the Licensed Marks meets NRPA’s quality assurance standards. Grantee shall provide NRPA an opportunity to review and approve any statement, message or use of CITGO Petroleum Corporation logo related to this grant or Project in advance of its release to the public. Any promotion, public announcement, or promotion relating to the Grant Funds or Project shall be subject to the prior review of CITGO Petroleum Corporation and NRPA. All Parties shall retain all title, ownership, rights, and intellectual property rights in their own respective marks, logos, content, materials, tools and intellectual property. Under no circumstance will any Party to this MOU use another Party’s Licensed Marks in a false, misleading, or disparaging manner. Upon completion of the Project, Parties shall, at their own expense, return all copies Licensed Marks to their respective owners beyond what is necessary for record-keeping purposes. 5. Limits of Liability To the fullest extent permitted by applicable law, (the constitution and Laws of the State of Texas) Grantee hereby releases CITGO Petroleum Corporation and NRPA, and each of their directors, officers, managers, members, employees, agents, attorneys, advisors, consultants, volunteers and other like parties (collectively the “Support Parties”), from any liability whatsoever relating to or arising out of the Project or the use of the Grant Funds. Grantee further waives any right to sue or bring any action of any kind against the Support Parties relating to or arising out of the Project or the use of the Grant Funds. This limitation of liability shall apply whether the Support Parties’ liability arises due to breach of contract, breach of warranty, or as a result of tortious conduct, including, but not limited to, negligence (of any kind), strict liability, statutory liability, or any other causes of action. Grantee does not hereby waive any immunity afforded to it under applicable law. NRPA’s liability, if any, arising out of or in any way related to the relationship and/or dealings between NRPA and Grantee, shall be limited to the payment amounts paid pursuant to this MOU. NRPA shall not be liable for any damages caused by or arising out of the acts or omissions of a third party. 6. Indemnification To the fullest extent permitted by applicable law (the State of Texas laws and constitution) Grantee shall indemnify, defend and hold harmless the Support Parties from any and all causes of action, suits, settlements, judgments, liens, indebtedness, damages, losses, costs, expenses, fees (including attorney’s fees and costs), penalties, claims, claims for relief, liabilities and demands of every kind, nature, and character (collectively, “Claims”) relating to or arising out of: (i) Grantee’s involvement in the development, planning, demolition, construction, installation, implementation, maintenance, repair and/or management of the Project; (ii) any failure by Grantee to comply with any applicable laws, rules and/or regulations (including, without limitation, building, safety and fire codes, etc.); (iii) Grantee’s negligence, misconduct, or malfeasance of Grantees or their agents or representatives; or (iv) any breach by Grantee of any agreement involving the Project or the use of the Grant Funds. In no event shall the Support Parties be liable for any punitive, exemplary, special, incidental, indirect or consequential damages of any kind (including, but not limited to loss of profits, loss of reputation and/or loss of current or prospective business advantage, even where such losses are characterized as direct damages) arising out of or in any way related to the relationship and/or dealings between the parties, regardless of whether the claim under which damages are sought is based upon contract, tort, negligence (of any kind), strict liability or otherwise, and regardless of whether the parties have been advised of the possibility of such damages at the time of contracting or otherwise. The foregoing does not require the Grantee to allocate funds or create a sinking fund. 7. Confidentiality Except as required by the laws of the State of Texas, during the term of this MOU, the Parties may learn certain Confidential Information of each other. For purposes of this MOU, Confidential Information means the confidential and proprietary information, not generally known by non-party personnel, used by the disclosing party and which is proprietary to the disclosing party, and includes, without limitation, the disclosing party's trade secret or proprietary personnel, financial, marketing and business information, including strategic, operations and other business plans or forecasts, and Confidential Information provided by the disclosing party regarding its employees, customers, vendors, sponsors and other contractors. The receiving party shall: (i) protect and safeguard the confidentiality of the disclosing party’s Confidential Information with at least the same degree of care as the receiving party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (ii) not use the disclosing party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this MOU; and (iii) not disclose any such Confidential Information to any person, except to the receiving party’s officers, employees, consultants, accountants, and legal advisors who are bound by written confidentiality obligations and have a need to know the Confidential Information to assist the receiving party, or act on its behalf, to exercise its rights or perform its obligations under this MOU. 8. Term This MOU shall be effective as of the Effective Date hereof and shall continue until May 31, 2025 (the “Term”) in accordance with Section 11. 9. Use of Grant Funds The Grantee shall use the full amount of the Grant Funds exclusively for the purposes set forth in Section 1. Unless otherwise agreed in writing by the Grantor, the Grantee shall return any portion of the Grant Funds and the income earned thereon that is not expended for such purposes in accordance with Section 11. All unspent or uncommitted Grant Funds shall be invested in highly liquid investments (such as an interest-bearing bank account) with the primary objective being preserving the Grant Funds availability for the Project. Any interest or other income generated by the Grant Funds must be applied to the purposes described in the Grant Project. The Grantee agrees not to use any portion of the grant or any income derived from the grant for the following: A. To carry on propaganda or otherwise attempt to influence legislation within the meaning of Section 4945(d)(1) of the Internal Revenue Code of 1986, as amended (the Code); B. To influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive within the meaning of Section 4945(d)(2) of the Code; C. To provide a grant to an individual for travel, study, or similar purpose within the meaning of Section 4945(g) of the Code, without prior written approval of Grantor. D. Payments of salaries, other compensation, or expense reimbursement to employees of the Grantee within the scope of their employment do not constitute “grants” for these purposes and are not subject to these restrictions; E. Except as expressly may be authorized in the approved Project, to provide a grant to any other organization without prior written approval of the Grantor; or F. To promote or engage in the following, but not limited to, acts that would create civil liability, criminal acts, criminal acts of violence, terrorism, hate crimes, the destruction of any state, or discrimination on the basis of race, national origin, religion, military and veteran status, disability, sex, age, or sexual orientation, or support of any entity that engages in these activities. G. To travel to NRPA’s Annual Conference or any other conference travel without written approval from Grantor. 10. Audit Grantee is expected to keep and maintain detailed books and records relating to the Grant, and the Grant Funds (including, without limitation, all uses thereof and expenditures therefrom) (collectively, the “Records”) during the Term and for a period of seven (7) years thereafter (the “Audit Period”). NRPA and its assigns have the right to audit the Grantee’s financial records relating to this MOU upon not less than twenty (20) business days’ advance written notice to Grantee by NRPA at any time during the Audit Period, at NRPA’s sole expense, during Grantee’s normal business hours. If as a result of an audit, NRPA determines that Grant Funds were not spent in accordance with the purposes of this Grant, the Grantee shall: (1) be required to return any Grant Funds not substantiated, and (2) reimburse NRPA for all costs and expenses incurred in connection with such audit. If NRPA determines that Grant Funds were used for fraudulent purposes, the Grantee shall be barred from participation in any further programs. Grantee, subject to the laws and constitution of the State of Texas, shall further indemnify, defend, and hold the Support Parties harmless from any acts or omissions relating to its fraudulent use of the Grant Funds. 11. Termination and Repayment Any party may terminate this MOU at any time for any reason upon providing the other party thirty (30) calendar days’ written notice. Further, either party may terminate this MOU at any time effective upon receipt of written notice by the other party of failure to perform. In the event that this MOU is terminated for any reason, Grantee shall promptly repay to NRPA any portion of the Grant Funds not already spent (subject to and in accordance with all of the terms and conditions hereof) as of the effective date of such termination. None of the Parties shall be liable to the other by reason of termination of this MOU for compensation, reimbursement or damages for any loss of prospective profits on anticipated sales or for expenditures, investments, leases or other commitments relating to the business or goodwill of any of the parties, notwithstanding any law to the contrary. No termination of this MOU shall release the obligation to pay any sums due to the terminating party which accrued prior to such termination. 12. Compliance with Laws. Grantee will comply in full with all applicable federal, state, and local laws and regulations and rules of governmental agencies and bodies relating to Grantee's acceptance and use of the Grant Funds, including those that govern gifts, donations, contributions, expenditures, and anything else of value that benefit, directly or indirectly, public officials. Grantee agrees to notify Grantor immediately: (a) of any conduct on Grantee’s part that may be in violation of any applicable federal, state and local laws and (b) if Grantee receives notice of, or otherwise becomes aware of, any actual or threatened investigation, action, litigation, or disciplinary or other proceeding of which Grantee is or may be a subject in connection with the Grant Funds and to the extent permitted by applicable law, shall provide Grantor with all written notices and communications received by Grantee relating to or any such investigation, action, litigation, or disciplinary proceeding. 13. Governing Law, Jurisdiction, Venue and Dispute Resolution This MOU and the performance thereof shall be governed, interpreted, construed and regulated by the law of Texas, without reference to or application of principles concerning conflicts of laws of any jurisdiction. Before commencing any litigation arising out of or relating to the relationship of the parties, this MOU, or the breach hereof, the parties agree to negotiate in good faith to resolve such dispute within fifteen (15) business days of notice by the other party of such dispute. Should the parties fail to mutually resolve their dispute and commence litigation, the parties hereby irrevocably consent to venue before the federal and state courts situated in the State of Texas and each party hereby irrevocably submits to the jurisdiction of such courts. The prevailing party in any action or litigation, including appeals, arising out of or related to this MOU shall be awarded its reasonable attorney’s fees and costs. The Parties agrees that NRPA would not have an adequate remedy at law and would be irreparably injured if Grantee breaches its covenants hereunder and NRPA shall be entitled to injunctive relief as a remedy for any breach or threatened breach hereof without showing or proving any actual damages. 14. No Agency; Relationship of the Parties Each party and their respective officers, employees, agents, contractors and/or consultants are independent contractors and are not, nor shall they hold themselves out to as or claim to be, employees or agents of the other party or any department, agency or unit thereof; accordingly, neither party shall have any authority to enter into any agreement on behalf of the other party or otherwise cause the other party to incur any obligations whatsoever other than as set forth herein. 15. Notices All notices, requests, demands and other communications required or permitted under this MOU must be in writing and will be deemed to have been duly given, made and received only (a) when personally delivered, or (b) on the date specified for delivery when deposited with an overnight courier service such as Federal Express for delivery to the intended addressee, or (c) when sent via facsimile, only so long as followed by a hard copy sent in a manner set forth in (a) or (b) above, or (d) when delivered via email, only so long as followed by a hard copy sent in a manner set forth in (a) or (b) above, each of the foregoing addressed as set forth below: If to Grantee, to: Corpus Christi Parks & Recreation Department 400 Mann Street – Suite 200 Corpus Christi, TX 78401 Attn: Robert Dodd, Director Email: robertd4@cctexas.com If to NRPA, to: National Recreation and Park Association 22377 Belmont Ridge Road Ashburn, VA 20148 Attn: Barbara Kapustin, Resilience Program Manager Email: bkapustin@nrpa.org 16. Entire Agreement. This MOU supersedes any and all agreements, either oral or written, between the parties hereto with respect to the subject matter covered herein and contains all of the covenants and agreements between the parties with respect to the Grant purpose and Project in any manner whatsoever. Each party to this MOU acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement, or promise not contained in this MOU shall be valid or binding. Any modification of this MOU will be effective only if it is in writing signed by the parties hereto. Any changes, additions or deletions to this MOU, including the Project, must be approved in writing by all the parties. This MOU and all amendments may be signed in counterparts, each of which will constitute one and the same document. Any signature delivered via facsimile or other electronic means shall be deemed an original signature to this MOU. The section headings contained in this MOU are for reference purposes only and shall not affect in any way the meaning or interpretation of this MOU. 17. Severability. If any term, covenant, or condition of this MOU or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this MOU, or the application of such term, covenant, or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each and every remaining term, covenant, or condition of this MOU shall be valid and enforced to the fullest extent permitted by applicable law. These parties have caused this MOU to be signed by their duly authorized representatives as of the last date set forth below. National Recreation and Park Association City of Corpus Christi By: _________________________ By: _______________________ Printed Name: _________________________ Printed Name: _______________________ Title: _________________________ Title: _______________________ Date: _________________________ Date: _______________________ City Council Meeting October 14, 2025 Ordinance Accepting & Appropriating Grant Funds from the National Recreation & Park Association (NRPA) for Heart Your Park Volunteer Days. 1 2 Background •This Ordinance will accept & appropriate grant funds totaling $15,000 from NRPA to fund the Heart Your Park Volunteer Days for the Parks & Recreation Department. •Parks & Recreation has been a grant recipient of the Heart Your Park grant from 2018 – 2025 (excluding 2020 due to COVID). •This grant aims to support building coastal communities that may be impacted by natural disasters by enhancement investments for local parks. •Throughout the years, Heart Your Park events have been conducted at Oso Bay Wetlands Preserve, Doddridge Park & the Hans Suter Wildlife Refuge. •These events include general park clean ups, beautification & educational signage. 3 Grant Objectives •Engage 100 community volunteers in a total of 400 hours of work to conserve/restore public park lands/resources through a minimum of three total events. •Conduct local community outreach through web, social media, and local press release for promotion. •Provide opportunities for corporate employees and individuals to contribute to the Project through hands-on volunteer activities and/or educational experiences. •This grant has been beneficial in expanding community engagement opportunities & educating the community on the importance of conserving/preserving park lands. 4 Heart Your Park Event 2024 Hans & Pat Suter Wildlife Refuge at 909 Ennis Joslin Road Heart Your Park 2025 will include Blucher Nature Park, Hans & Pat Suter Wildlife Refuge & the Oso Bay Wetlands Preserve. 5 Recommendation •Staff recommend approval of the Ordinance accepting & appropriating $15,000 from the National Recreation & Park Association for the Heart Your Park Volunteer Days. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 14, 2025 Second Reading for the City Council Meeting of October 21, 2025 DATE: September 19, 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 4921 Kostoryz Road CAPTION: Zoning Case No. ZN8853, Eduardo Gonzalez (District 3). Ordinance rezoning a property at or near 4921 Kostoryz Road from the “RS-6” Single-Family 6 District to the “CN-1/SP” Neighborhood 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 allow vehicle sales use. BACKGROUND AND FINDINGS: The subject property is a 0.22-acre, undeveloped tract near South Padre Island Drive, a freeway, and along Kostoryz Road, an A1 class arterial road, in the Bayside area. The surrounding properties are zoned “RS-6” Single-Family 6 and “ON” Neighborhood Office District to the north, with a vacant property, and another with Medium-Density residential land use. The properties to the east of the subject parcel, abutting Kostoryz Road as well, are zoned “ON” Neighborhood Office and “RS-6” Single-Family 6, with Medium-Density Residential and Public/Semi-Public land uses. The properties to the south are zoned “RS-6” Single-Family 6 District with Low-Density Residential and Public/Semi-Public land use, also adjacent to Kostoryz Road. To the west of the subject parcel, properties are “RS-6” Single-Family 6 District, with Low-Density Residential land uses, and a vacant property. The applicant is requesting a change in zoning to the “CN-1/SP” Neighborhood Commercial District with a Special Permit. The “CN-1” Neighborhood Commercial District permits office uses, multifamily dwellings, certain indoor recreation uses, retail sales and service uses, medical facility uses, overnight accommodation uses, and restaurant uses less than 5,000 square feet in gross floor area. The proposed rezoning is consistent with the Bayside ADP; however, it is inconsistent with the future land use 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.B). Public Input Process: Number of Notices Mailed: 14 notices were mailed within the 200-foot notification area, and 6 outside the notification area. As of September 12, 2025 In Favor 0 inside notification area 0 outside notification area In Opposition 0 inside 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. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Department: N/A Project # (CIP Only): N/A Account: N/A Amount: N/A RECOMMENDATION (September 3, 2025): Planning Commission and Staff Recommend approval from the “RS-6” Single-Family 6 District to the “CN-1/SP” Neighborhood Commercial District with a Special Permit. The Special Permit will be subject to the following conditions: 1. USE: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is vehicle sales. Expansion of the uses granted by this special permit is prohibited. 2. PARKING: Parking shall be as per the UDC (Unified Development Code) Section 7.2 Off Street Parking, Loading, and Stacking. 3. LANDSCAPING: Vehicular screening along Kostoryz Road shall be according to the landscaping as per UDC (Unified Development Code) Section 7.3 Landscaping. 4. DUMPSTER: Refuse containers must be provided in a place accessible to collection vehicles and must be screened from street rights-of-way and views from adjacent residential properties. Screening must be composed of a solid or opaque material that matches or compliments the building material. 5. BUFFER YARD: A buffer yard consisting of at least 10 feet and 15 points shall be installed, maintained, and remain in place along the north and east property boundaries as long as residential districts or uses are adjacent. 8. HOURS OF OPERATION: The hours of operation shall be limited from 08:00 AM to 07:00 PM. Customer access to the facility shall be prohibited after 7:00 PM. 9. TIME LIMIT: Per 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. ZN8853, Eduardo Gonzalez (District 3). Ordinance rezoning a property at or near 4921 Kostoryz Road from the “RS-6” Single- Family 6 District to the “CN-1/SP” Neighborhood 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 the southeast half of the southwest 66 feet of Lot U of Lexington Place Subdivision, as described and shown in Exhibit “A”, from: the "RS-6" Single-Family 6 District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. The subject property is located at or near 4921 Kostoryz Road. Exhibit A, a metes and bounds, is 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 uses authorized by this Special Permit, other than uses permitted in the base zoning district, is vehicle sales. Expansion of the uses granted by this special permit is prohibited. 2. PARKING: Parking shall be as per the UDC (Unified Development Code) Section 7.2 Off-Street Parking, Loading, and Stacking. 3. LANDSCAPING: Vehicular screening along Kostoryz Road shall be according to the landscaping as per UDC (Unified Development Code) Section 7.3 Landscaping. 4. DUMPSTER: Refuse containers must be provided in a place accessible to collection vehicles and must be screened from street rights-of-way and views from adjacent residential properties. Page 2 of 5 Screening must be composed of a solid or opaque material that matches or complements the building material. 5. BUFFER YARD: A buffer yard consisting of at least 10 feet and 15 points shall be installed, maintained, and remain in place along the north and east property boundaries as long as residential districts or uses are adjacent. 6. HOURS OF OPERATION: The hours of operation shall be limited from 8:00 AM to 7:00 PM. Customer access to the facility shall be prohibited after 7:00 PM. 7. TIME LIMIT: Per 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. PASSED and APPROVED on the _____ day of ________________, 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 3 of 5 Exhibit A Page 4 of 5 Page 5 of 5 ZONING REPORT CASE ZN8853 Applicant & Subject Property District: 3 Owner: Eduardo Gonzalez Applicant: Eduardo Gonzalez Address: 4921 Kostoryz Road, located along the north side of SPID, west of Kostoryz Rd, and south of McArdle Road. Legal Description: Lexington Place, southeast 1/2 of the southwest 1/2 of Lot U Acreage of Subject Property: 0.22 acres. Refer to Attachment (A) Metes and Bounds. Zoning Request From: “RS-6” Single-Family 6 District To: “CN-1/SP” Neighborhood Commercial District with a Special Permit Purpose of Request: To allow a vehicle sales use. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site “RS-6” Single-Family 6 Low-Density Residential Medium-Density Residential North “RS-6” Single-Family 6, “ON” Neighborhood Office Vacant, Medium-Density Residential Commercial, High-Density Residential South “RS-6” Single-Family 6 Low-Density Residential, Transportation (Kostoryz), Public/Semi-Public Low-Density Residential, Transportation (Kostoryz), Government East “ON” Neighborhood Office, “RS-6” Single-Family 6 Medium-Density Residential, Transportation (Kostoryz), Public/Semi-Public High-Density Residential, Transportation (Kostoryz), Government West “RS-6” Single-Family 6 Vacant, Low-Density Residential Commercial, Low-Density Residential Plat Status: The subject property is not platted. It is currently in the re-platting process. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. Code Violations: None Roadway Master Plan Kostoryz Road Designation Section Proposed Section Existing "A1" Minor Arterial Undivided 95-Foot ROW 4 Lanes, Center Turn Lane 80-Foot ROW 4 Lanes, Center Turn Lane Transit: The Corpus Christi RTA provides service to the subject property via Bus Route (s) 15 Carroll High School at the extremities of the block along Kostoryz Road, near South Padre Island Drive, and McArdle Road. Bicycle Mobility Plan: The subject property is approximately 300 feet from the nearest 1-Way Cycle Track (Both Sides), along McArdle Road. Utilities Gas: A 2-inch PE (active) grid main exists along the west side of Kostoryz Road. Stormwater: A 54-inch RCP (active and public) storm water pipe exists along the east side of Kostoryz Road. Wastewater: An 8 -inch PVC (active and public) wastewater gravity main exists along the west side of Kostoryz Road, and an 18 -inch HDPE (active and public) wastewater gravity main exists along the east side of Kostoryz Road. Water: 12-inch PVC (active and public) exists along the west side of Kostoryz Road. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. ADP (Area Development Plan): According to Plan CC the subject property is located within the Southeast ADP (Adopted on December 10, 2024). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: Minimal improvements have been proposed, which, include culverts. Roadway Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed 14 within a 200-foot notification area 6 outside 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0 % in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: September 3, 2025 Tentative City Council 1st Reading/Public Hearing Date: October 14, 2025 Tentative City Council 2nd Reading Date: October 21, 2025 Background: The subject property is a 0.22-acre undeveloped tract near South Padre Island Drive, a freeway, and along Kostoryz Road, an A1 class arterial road, in the Bayside area. The surrounding properties are zoned “RS-6” Single-Family 6 and “ON” Neighborhood Office District to the north, with a vacant property, and another with Medium-Density residential land use. The properties to the east of the subject parcel, abutting Kostoryz Road as well, are zoned “ON” Neighborhood Office and “RS-6” Single-Family 6, with Medium-Density Residential and Public/Semi- Public land uses. The properties to the south are zoned “RS-6” Single-Family 6 District with Low- Density Residential and Public/Semi-Public land use, also adjacent to Kostoryz Road. To the west of the subject parcel, properties are “RS-6” Single-Family 6 District, with Low-Density Residential land uses, and a vacant property. The applicant is requesting a change in zoning to the “CN-1/SP” Neighborhood Commercial District with a Special Permit. The “CN-1” Neighborhood Commercial District permits office uses, multifamily dwellings, certain indoor recreation uses, retail sales and service uses, medical facility uses, overnight accommodation uses, and restaurant uses less than 5,000 square feet in gross floor area. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with Elements, Goals and Strategies for Decision Makers: • 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. Bayside ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the Bayside ADP; however, is inconsistent with the future land use designation of medium-density residential. While inconsistent with the future land use designation, the proposed rezoning meets the following vision theme. • Bayside hosts a robust mix of commercial, residential, and recreational uses with clear signage and wayfinding that attract visitors. 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 guiding documents such as the comprehensive plan and the area development plan; however, is inconsistent with the future land use map designation of medium-density residential. • Although the future land use map does not designate commercial zoning, the applicant is requesting a less-intense commercial zoning to accommodate the surrounding neighborhood. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby property. Planning Commission and Staff Recommendation (September 3, 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 “RS-6” Single Family 6 District to the “CN-1/SP” Neighborhood Commercial District with a Special Permit. The Special Permit will be subject to the following conditions: 1. USE: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is vehicle sales. Expansion of the uses granted by this special permit is prohibited. 2. PARKING: Parking shall be as per the UDC (Unified Development Code) Section 7.2 Off Street Parking, Loading, and Stacking. 3. LANDSCAPING: Vehicular screening along Kostoryz Road shall be according to the landscaping as per UDC (Unified Development Code) Section 7.3 Landscaping. 4. DUMPSTER: Refuse containers must be provided in a place accessible to collection vehicles and must be screened from street rights-of-way and views from adjacent residential properties. Screening must be composed of a solid or opaque material that matches or compliments the building material. 5. BUFFER YARD: A buffer yard consisting of at least 10 feet and 15 points shall be installed, maintained, and remain in place along the north and east property boundaries as long as residential districts or uses are adjacent. 8. HOURS OF OPERATION: The hours of operation shall be limited from 08:00 AM to 07:00 PM. Customer access to the facility shall be prohibited after 7:00 PM. 9. TIME LIMIT: Per 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) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (A) Metes & Bounds Description and Exhibit (B) Existing Zoning and Notice Area Map N City Council Zoning Case ZN8853 Eduardo Gonzalez District 3 Rezoning for a property at or near 4921 Kostoryz Road From the “RS-6” Single-Family 6 District To the “CN-1/SP” Neighborhood Commercial District with a Special Permit N Proposed Use: To allow a vehicle sales use ADP (Area Development Plan): Bayside, Adopted on December 10, 2024 FLUM (Future Land Use Map): Medium-Density Residential Existing Zoning District: “RS-6” Single-Family 6 Adjacent Land Uses: Zoning and Land Use North:Vacant, Medium-Density Residential; Zoned: “RS-6” and “ON” South:Low-Density Residential, and Public/Semi- Public; Zoned: RS-6 East:Medium-Density Residential, and Public/Semi- Public; Zoned: “ON” and “RS-6” West:Vacant, Low-Density Residential; Zoned: “RS-6” N *Notified property owner’s land in SQF/ Total SQF of all properties in the notification area = Percentage of public in opposition and/or favor. 14 Notices mailed inside the 200’ buffer 4 Notices mailed outside the 200’ buffer Notification Area Opposed: 0 (0.00%) Separate Opposed Owners: (0) In Favor: 0 (0.00%) Public Notification X O Staff Analysis and Recommendation The proposed rezoning is consistent with the City of Corpus Christi guiding documents such as the comprehensive plan and the area development plan; however, is inconsistent with the future land use map designation of medium- density residential. Although the future land use map does not designate commercial zoning, the applicant is requesting a less-intense commercial zoning to accommodate the surrounding neighborhood. The proposed rezoning is compatible with the present zoning and conforming uses of nearby property. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE “CN-1/SP” NEIGHBORHOOD COMMERCIAL DISTRICT WITH A SPECIAL PERMIT Special Permit Conditions The Special Permit will be subject to the following conditions: 1. USE: The only uses authorized by this Special Permit other than uses permitted in the base zoning district is vehicle sales. Expansion of the uses granted by this special permit is prohibited. 2. PARKING: Parking shall be as per the UDC (Unified Development Code) Section 7.2 Off Street Parking, Loading, and Stacking. 3. LANDSCAPING: Vehicular screening along Kostoryz Road shall be according to the landscaping as per UDC (Unified Development Code) Section 7.3 Landscaping. 4. DUMPSTER: Refuse containers must be provided in a place accessible to collection vehicles and must be screened from street rights-of-way and views from adjacent residential properties. Screening must be composed of a solid or opaque material that matches or compliments the building material. 5. BUFFER YARD: A buffer yard consisting of at least 10 feet and 15 points shall be installed, maintained, and remain in place along the north and east property boundaries as long as residential districts or uses are adjacent. 7. HOURS OF OPERATION: The hours of operation shall be limited from 08:00 AM to 07:00 PM. Customer access to the facility shall be prohibited after 7:00 PM. 9. TIME LIMIT: Per 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. KO S T O R Y Z R D GRE E N S T MC A R D L E R D Esri, HERE, Garmin, INCREMENT P, NGA, USGS µ LOCATION MAP SUBJECT PROPERTY SUBJECT PROPERTY CASE: ZN8853 Subject Property Aerial View DATE: October 21, 2025 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, Director of Public Works/Street Operations ErnestoD2@cctexas.com (361) 826-1677 Sergio Villasana, Director, Finance & Procurement SergioV2@cctexas.com (361) 826-3227 CAPTION: Motion authorizing execution of a one-year cooperative agreement with De La Garza Fence Company of San Antonio, Texas, through the BuyBoard Purchasing Cooperative, in the amount not to exceed $175,550.00 for the purchase and installation of a chain-link fence for the Public Works Department Materials Yard, with FY 2025 funding of $87,775.00 from the Street Fund and $87,775.00 from the Storm Water Fund. SUMMARY: Motion authorizing the execution of a one-year cooperative agreement with De La Garza Fence Company for the purchase and installation of a chain-link fence for the Public Works Department Materials Yard. BACKGROUND AND FINDINGS: As part of the continued implementation of the Civitan Master Plan, the Public Works Department will be relocating from its current material yard. To ensure operational continuity and safeguard critical materials and equipment, a new material yard is being proposed on a 14 -acre parcel currently under the management of the Solid Waste Department. This site —located across the freeway from the transfer station, between SH 286 and Ayers along Greenwood —offers strategic benefits in terms of accessibility, connectivity, and operational efficiency. Having a centralized material yard provides immediate access to several key locations, such as hot mix plants, stockpile yards, as well as allowing for connectivity to the Hygeia headquarters building . The Purchase and Installation of Chain-Link Fence for Public Works AGENDA MEMORANDUM Action Item for the City Council Meeting October 21, 2025 Streets division will maintain a 24 hour rotation of service, for any overnight emergencies that may arise such as, water main breaks, road failures or emergency events. To secure the proposed site, approximately 3,500 linear feet of 8 -foot-tall fencing will be installed. The fencing will include two double gates to allow controlled access for vehicles and personnel. For enhanced security, the fence will be topped with razor wire, and a privacy screen will be added along the perimeter. The privacy screen will provide several key benefits, in cluding: Reducing visibility of valuable materials and equipment from public view Minimizing wind and dust intrusion Improving the overall aesthetic of the site The new yard will support multiple divisions within Public Works, as well as other departments. It will accommodate stockpiles of materials, a material scanner, a scale house, and storage containers for essential tools and small equipment. Ensuring the security of these assets is vital to maintaining uninterrupted service delivery throughout the city. Currently, the Streets and Storm Water yards are not collocated. Additionally, the current Storm Water yard is owned by CCW. This separation has led to operational inefficiencies. The proposed 14-acre site will consolidate these functions into a single, cohesive location, improving coordination and resource management. Furthermore, 3–5 acres of the new yard will be designated for emergency use, allowing Solid Waste to stage overflow debris during weather events and ensuring rapid response capabilities. The procurement of a secure perimeter fence is a foundational step in the development of the new material yard. This investment will protect critical infrastructure, support interdepartmental operations, and align with the broader goals of the Civitan Master Plan. Approval of this procurement will enable the Public Works Department to transition smoothly to the new site while maintaining high standards of service and security. PROCUREMENT DETAIL: Public Works Department, in conjunction with the Procurement Division of Finance, examined other cooperative contracts and service offerings to find the most cost-effective option for the City. Contracts awarded through the BuyBoard Purchasing Cooperative have been vetted and comply with the competitive Texas procurement regulations. This is possible because Texas Local and State law allows government entities to use cooperative purchasing programs that have already completed the required competitive bidding process. Price Comparison - BuyBoard vs. BuyBoard Description De La Garza Fence Company Foster Fence Ltd. Variance Purchase and Installation of Chain-Link Fence $ 175,550.00 $ 281,416.00 $ 105,866.00 ALTERNATIVES: Without a service agreement the Public Works Department would not be able to protect our paving materials in the material yard. FISCAL IMPACT: The fiscal impact for FY 2026 is an amount not to exceed $175,550.00, with funding budgeted for in FY 2025 in the Streets (1041) and Storm Water (4300) Funds, which will be rolled into FY 2026. FUNDING DETAIL: Fund: 1041 Streets Organization/Activity: 12430 Surface Preservation Dept: 33 Streets Project (CIP Only): N/A Account: 530215 Maintenance and Repairs Contracted Total: $87,775.00 Fund: 4300 Storm W ater Organization/Activity: 32005 SWO Channel Maintenance Dept: 47 Storm W ater Project (CIP Only): N/A Account: 520130 Maintenance & Repairs Total: $87,775.00 RECOMMENDATION: Staff recommends approval of this motion as presented. LIST OF SUPPORTING DOCUMENTS: Purchase Agreement Price Sheet Co-operative Purchase Agreement Standard Form Page 1 of 3 CO-OPERATIVE PURCHASE AGREEMENT NO. 6760 Purchase and Installation of a Chain-Link Fence THIS Purchase and Installation of a Chain-Link Fence Co-operative Purchase Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and De La Garza Fence Company (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). 1. Co-operative Agreement. Contractor has agreed to provide the purchase and installation of a chain-link fence in accordance with its agreement with BuyBoard Contract #757-24 (the “Co-operative Agreement”), which is incorporated by reference herein as if set out here in its entirety. In the event of a conflict between this Agreement and the Co-operative Agreement, this Agreement shall govern to the extent allowed by the Co-operative Agreement. 2. Scope. Contractor will provide the purchase and installation of a chain-link fence in accordance with the attached Statement 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. 3. Term. The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the City’s Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 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. 4.Compensation and Payment. This Agreement is for an amount not to exceed $175,550.00, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, 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. Invoices must be mailed to the following address: Co-operative Purchase Agreement Standard Form Page 2 of 3 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 5. 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: Michael Nandin Title: Contracts/Funds Administrator Address: 2525 Hygeia St., Corpus Christi, Texas 78415 Phone: 361-826-1671 Fax: 361-826-1627 IF TO CONTRACTOR: De La Garza Fence Company Attn: Nick De la Garza Title: Vice President of Operations Address: 6475 Old Highway 90 West, San Antonio, Texas 78227 Phone: 210-674-8302 Fax: 210-674-8323 6. Entire Agreement. This Agreement, along with the Co-operative Agreement, constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. [Signature Page Follows] De La Garza Fence Company N~ de--~ g a.rza s ig natU re : ~M-icb-al-as -cie-ia-Ga-rza-(A...,11g,;-,2.,_,.2 2-D2=5 1-1-~25-·48-C=Dl;-) -------- Printed Name: Nicholas de la Garza ----------------- Tit le: Project Manager Da te: 08/22/2025 CITY OF CORPUS CHRISTI Rachel Erben Assistan t Di rect or , Finance & Procuremen t Da te: ---------- APPROVED AS TO LEGAL FORM: Assistant City Att orney Date Reviewed by: Nora Vargas 08/22/2025 Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Incorporated by Reference Only: Da te Co-operative Agreement: BuyBoard Contract #757-24 Page 3 of 3 ATTACHMENT A: SCOPE OF WORK PROJECT NAME: Public Works Materials Yard Fence PROJECT ADDRESS: 7001 Ayers Street, Corpus Christi, TX 78415 SCOPE OF WORK: A.The City will identify underground utility lines, while the Contractor shall call Texas 811 at least two business days before digging. B.The Contractor shall secure all required building permits. C.The Contractor shall clear any necessary minor vegetation prior to the installation of the new fence. D.The Contractor shall backfill any holes made from the removal of minor vegetation. E.The Contractor shall provide and install approximately 3,500 linear feet of new fence in the approximate location or as close as possible to the pre-existing fence. F.The new fence must be a seven-foot-tall commercial-grade chain-link fence, plus three strands of barbed wire and galvanized razor ribbon (overall height of 8 feet). G.Contractor shall include two 30’ wide double swing gates (2-15’ wide swing gates for a total 30’ wide opening) set on 6 5/8” galvanized posts. Gate frames must be 1 5/8” OD x SS20, each leaf to be equipped with two 90-degree hinges and one pad lockable drop rod per assembly set. H.Gates will be welded construction, built to match the style of the fence. I.All terminal and gate posts to be set in a minimum 48” concrete footings, and all line posts to be set in 36” concrete footings with a max spacing of 10 feet. J.All post footings will be sloped for water run-off and longer post life. K.Materials List to be delivered and furnished by the contractor: i.6 5/8” OD galvanized gate posts – SS40 ii.2 7/8” OD galvanized terminal posts – SS40 iii.1 7/8” OD galvanized line posts – SS40 iv.1 5/8” OD galvanized top rail – SS40 v.9 ga. Galvanized chain link fabric, 2” mesh, 1.2 oz. zinc /ft. KT vi.45-degree extension arms vii.(3) strands of 4-point barbed wire, class 3 galvanized razor ribbon viii.9-gauge galvanized bottom tension wire ix.(2) sets of 30’ wide double swing gates, 1 5/8” OD x SS20 frames x.All necessary concrete xi.Dark Green or Forest Green Color Windscreen (or Privacy screen) L.The contractor shall provide all labor, and all work will be performed during normal business hours, Monday through Friday, between 8 a.m. and 5 p.m. Page 1 of 3 M.The location of the service to be performed by the contractor is at the perimeter specified by the green line in the satellite image below, at approximate coordinates (27.706155, -97.447124). Gate locations are identified in red. N.The Contractor shall coordinate any questions and required inspections with the City’s Point of Contact. O.Drawing of fence design provided below. The actual fence may vary slightly. Page 2 of 3 P.Acceptable windscreen (or privacy screen) shown in image below. Q.All material is guaranteed to be as specified, and the work to be performed by the Contractor in accordance with the drawings and specifications provided in this scope of work above and as defined by the City’s Point of Contact. City’s Point of Contact Manuel Hernandez Assistant Director: Streets - Public Works Department Phone Number (Office): (361) 826-1812 Email Address: manuelh2@cctexas.com Page 3 of 3 August 19, 2025 Erica A. Hernandez City of Corpus Christi BUY BOARD # 757-24 Re: Corpus Christi Public Works Fence Scope of Work: 1.Supply labor and materials for the labor & installation of approximately 3,500’ of 8’ x 9 ga. chain-link fence. a.Fence to be installed with three strands of barb-wire & razor wire. b.All end corner and gate posts to be installed with truss rods and 1-5/8” x SS40 Brace rail. c.Fence to be installed with green 85% blockage windscreen. 2.Supply and (qty.2) 8’+1x30’ Opening Double Drive Swing Gates. a.Gate to be installed using 6-5/8” x SS40 Gate posts. b.Gates to be installed with green 85% blockage windscreen. Materials: Fence Fabric: 8’ x 9 ga. GAW (2” Mesh) Top middle rail: 1-5/8” x SS40 Pipe Line Posts: 1-7/8” x SS40 Pipe Corner posts: 2-7/8” x SS 40 Pipe Gate Post: 6-5/8” x SS40 Pipe Total labor and materials: $ 175,550.00 NO Sales tax included -Nick de la Garza 1.Changed to Scope of work shall be in writing and could result in a price change. 2.Work is warranted for a period of one year after completion and payment in full. 3. We reserve the right to withdraw this bid in its entirety in the event the parties cannot come to a mutually acceptable contract. 4.Permits, if necessary, by others 5.Exclusions: Grading, clearing, staking, surveying, concrete coring or cutting, concrete mow curb, grounding & signs. ATTACHMENT B: BID/PRICING SCHEDULE 3DJHRI Price Sheet Contracts & Procurement Public Works Department Buyer: Tracy Garza TOTAL $175,550.00 Purchase and Installation of a Chain-Link Fence DE LA GARZA FENCE COMPANY DESCRIPTION Purchase and Installation of chain-link fence (including materials and labor) San Antonio, TX BuyBoard Contract #757-24 Public Works Department Council Presentation – October 21, 2025 Purchase and Installation of Chain-Link fence for Public Works City of Corpus Christi2 Background & Findings City of Corpus Christi3 Civitan Master Plan: New Public Works Yard •Consolidation to one yard for department •Relocation to centralized area i.Access to Hot Mix plants via 286 ii.Access to Civitan via Ayers •14 Acre Parcel Project Location Map City of Corpus Christi4 Isolated Old Yard Street and Stormwater Maps City of Corpus Christi5 Map New Yard with hatch of Proposed Fence City of Corpus Christi6 Map New Yard with hatch of Proposed Fence City of Corpus Christi7 Benefits City of Corpus Christi8 Civitan Master Plan: New Public Works Yard •Emergency preparedness •Operational improvements •Ensures asset protection and uninterrupted service delivery •Supports interdepartmental coordination •Aligns with Civitan Master Plan goals Recommendation •Staff recommends approval as presented Civitan Master Plan: New Public Works Yard Thank you! DATE: October 21, 2025 TO: Peter Zanoni, City Manager FROM: Jacqueline Del Llano Chapa, Presiding Judge, Municipal Court JackieDLC@cctexas.com (361) 826-2523 Sergio Villasana, Director, Finance & Procurement SergioV2@cctexas.com (361) 826-3227 CAPTION: Motion authorizing execution of amendment #1 to the service agreement with Linebarger, Goggan, Blair, & Sampson, LLP for delinquent fine collection services for Municipal Court to extend the term of the agreement for five years. SUMMARY: This motion authorizes an amendment to extend the agreement for debt collection services for the Municipal Court for a period of five years. Debt collection services include Class C misdemeanors such as traffic violations, disorderly conduct, public intoxication, city ordinance violations, etc. BACKGROUND AND FINDINGS: Article 103.0031 Texas Code of Criminal Procedure authorizes a governing body to enter into contract with a private attorney or private vendor for the provision of collection services and authorizes the addition of a 30% collection fee to delinquent violations. The 30% is added to violations 60 days after warrants are issued or 60 days after violations are delinquent. The fee is paid by defendants and is payable to the vendor. This is a common tool used by courts throughout the state to bring violators into compliance. Linebarger has been providing collection services to the Corpus Christi Municipal Court since 2004. Linebarger has an office located in Corpus Christi with one of their call centers located in San Antonio and focuses on six main areas to drive results: Technology, Adaptability, Experienced Team members, Local Involvement, Proven Results, and Collection Services for Municipal Court AGENDA MEMORANDUM Action Item for the City Council Meeting October 21, 2025 Tailored Programs. Linebarger contacts violators by mailing letters, outbound call campaigns, skip-tracing, and provides regular performance reports and communications, among other available options. Since 2020, Linebarger has assisted in bringing cases to court and recovered $19.9 million in fines and fees for our court, and assisting with resolving 248,947 cases. With Linebarger, every account is treated equally, regardless of its age. ALTERNATIVES: Potential alternatives include not extending the contract and seeking an alternative collection agency or not utilizing a private vendor for municipal court debt collection. FISCAL IMPACT: There is no fiscal impact for Municipal Court Services because the 30% collection fee is paid by delinquent defendants. Over the last five years, approximately $3.6 million has been collected annually. RECOMMENDATION: Staff recommends approval of this motion authorizing a five-year amendment of the service agreement with Linebarger, Goggan, Blair, & Sampson, LLP as presented. LIST OF SUPPORTING DOCUMENTS: Amendment for Collection Services for Municipal Court DATE: October 21, 2025 TO: Peter Zanoni, City Manager FROM: Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Sergio Villasana, Director of Contracts and Procurement SergioV2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a one-time purchase of a compressed natural gas storage tank from ZeitEnergy, LLC of Irving, Texas for $137,700.00 for the City's CNG fleet with FY 2026 funding from the Gas Fund. SUMMARY: CCGAS is enhancing its Compressed Natural Gas (CNG) fueling infrastructure with the addition of FIBA high-pressure storage tanks. These tanks are engineered to maintain stable gas pressure, enabling fast, safe, and efficient refueling for CNG vehicles. Their advanced design reduces compressor strain, lowers energy consumption, and extends the lifespan of critical equipment, resulting in reduced maintenance and long-term cost savings. Currently supporting more than 185 municipal vehicles and major private fleets, the CNG station serves as a key asset in the region’s low-emission transportation ecosystem. This investment reinforces infrastructure reliability, enhances operational resilience, and reflects CCGAS’s continued commitment to sustainable, low-emission mobility solutions. BACKGROUND AND FINDINGS: CCGAS has identified a critical need to upgrade the high -pressure storage systems at its compressed natural gas (CNG) fueling station located at 5352 Ayers Street. This initiative is driven by rising demand and the necessity to enhance the reliability and performance of existing fueling infrastructure. The proposed improvements are designed to optimize fuel management, which will result in lower energy consumption and reduced operational costs over time. Purchase of a Compressed Natural Gas Storage Tank AGENDA MEMORANDUM Action Item for the City Council Meeting of October 21, 2025 This one-time purchase will help streamline fueling operations, reduce maintenance, and support CCGAS’s long-term goals for resilient, efficient energy infrastructure. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid process for the one-time purchase of a compressed natural gas storage tank for Gas Operations. The City received three responses; staff recommends awarding the lowest, responsive, responsible bidder, ZeitEnergy, LLC of Irving, Texas. ALTERNATIVES: With the addition of FIBA’s advanced high-pressure storage tanks, CCGAS can ensure consistent pressure, enhance fuel efficiency, and achieve long-term cost savings while choosing not to proceed risks overburdening compressors, increasing energy consumpt ion, accelerating equipment wear, and turning a high-performing energy hub into a costly liability. FISCAL IMPACT: The fiscal impact for the Gas Fund 4130 in FY 2026 is not to exceed $137,700.00 with ZeitEnergy, LLC of Irving, Texas for the purchase of a compressed natural gas storage tank. FUNDING DETAIL: Fund: 4130 Gas Organization/Activity: 34105 Compressed Natural Gas Department: 011 Gas Project # (CIP Only): N/A Account: 520130 Maintenance and Repairs RECOMMENDATION: Staff recommends approval of this motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 3-Pack 20" ODX 38' Long FIBA ASME Storage Tank EA 1 137,700.00$ 137,700.00$ 139,787.00$ 139,787.00$ 165,825.00$ 165,825.00$ 2 Equivalent EA 1 -$ -$ 165,825.00$ 165,825.00$ Technology International, Inc. Lake Mary, FL Senior Buyer: Tracy Garza RFB 6588 - Purchase of a Compressed Natural Gas Storage Tank Bid Open Date: July 8, 2025 Irving, TX Arlington, TX McCore Energy, LLCZeitEnergy, LLC AGENDA MEMORANDUM Action Item for the City Council Meeting of October 21, 2025 DATE: October 21, 2025 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Ernesto De La Garza, P.E., Interim Assistant Director and Director of Public Works ernestod2@cctexas.com (361) 826-1677 CAPTION: Motion authorizing three change orders with Bay Ltd. of Corpus Christi for the Residential Street Rebuild Program for FY 2026 to reconstruct residential streets as planned in the Rapid Pavement Program in the amount of $3,000,000.00 each for a total amount up to $9,000,000.00 for (1) Base Bid 2 for a restated contract amount up to $15,000,000.00, (2) Base Bid 5 for a restated contract amount up to $15,000,000.00, and (3) Base Re-Bid 4 for a restated contract amount up to $15,000,000.00, located city-wide, with FY26 funding available from Residential Street Reconstruction Fund, Storm Water, Wastewater, Water and Gas Capital Funds. SUMMARY: This motion approves three change orders to perform the Residential Street Rebuild Program (RSRP) work as planned in the Rapid Pavement Program (RPP) for FY 2026. The work will be issued by the City of Corpus Christi’s Public Works Department in multiple individual work orders called “Delivery Orders” that provide specific scope and requirements in accordance with the plans, specifications, and contract documents. BACKGROUND AND FINDINGS: On January 30, 2024, City Council authorized a contract with Bay, Ltd. for Base Bid 2 and Base Bid 5 to reconstruct residential streets as planned in the Rapid Pavement Program (RPP) for FY 2024 and FY 2025. Each contract authorized was in an amount of $12,000,000.00. Construction Change Order Residential Street Rebuild Program FY 2026 On April 16, 2024, City Council also authorized a contract with Bay, Ltd. for the Re-Bid of Base Bid 4 to reconstruct residential streets as planned in the Rapid Pavement Program (RPP) for FY 2024 and FY 2025. The authorized contract was in the amount of $12,000,000.00. This change order will change the contract values to each contract to $15,000,000.00 Work plans for FY 2024 and FY 2025 streets identified in the RPP were issued under these contracts and are currently 97% complete. This change order will allow for the continuation of street improvement utilizing the pavement-only approach to complete streets identified on the RPP. This change order will allow Bay to continue working without delay; joining Anderson Columbia, Tex-Mix and JE Contractors on the Bond 2024 Program. BID SUMMARY CONTRACTOR BASE BID 1 BASE BID 2 BASE BID 3 BASE BID 4 BASE BID 5 Anderson Columbia, Inc $6,930,411.10 $6,334,092.85 $6,334,092.85 $6,334,092.85 $6,930,411.10 Tex-Mix Paving $5,864,065.21 No Bid No Bid No Bid No Bid JE Construction No Bid $5,706,404.00 No Bid No Bid No Bid Bay LTD No Bid $5,083,178.00 No Bid No Bid $5,083,178.00 Engineer’s Opinion of Probable Cost $5,796,534.60 $5,796,534.60 $5,796,534.60 $5,796,534.60 $5,796,534.60 BID SUMMARY CONTRACTOR BASE RE-BID 4 Bay Ltd $5,448,301.00 JE Construction Services, LLC $5,478,664.00 Anderson Columbia Co., Inc. $5,627,634.05 Engineer’s Opinion of Probable Construction Cost $5,796,534.00 PROJECT TIMELINE: Anticipated completion of additional work by August 2026. ALTERNATIVES: An alternative would be to not approve this change order. Subsequently, the pavement work would be delayed until a new contract is bid and procured. Next steps would be for Public Works to develop plans for bid by December 2025, present a construction contract to Council for award in April 2026 with construction anticipated to begin May 2026. FISCAL IMPACT: The fiscal impact for FY 2026 is an amount of $9,000,000.00 with funding available from Residential Street Reconstruction Fund, Storm Water, Wastewater, Water and Gas Capital Funds. FUNDING DETAIL: Fund: ResStreetRecnst (Fund 1042) Department: Streets (33) Organization: Res Street Reconstruction (12440) Project: Residential Street Rebuild Program FY25(Project No. 25010) Account: Maint & repairs-contracted (530215) Activity: 25010 Amount: $7,965,000.00 Fund: STWCP RR 032950 2023 (Fund 4536) Department: Storm Water (47) Organization: Grants & Capital Projects (89) Project: Residential Street Rebuild Program FY24(Project No. 24010) Account: Construction Contract (550910) Activity: 24010 Amount: $900,000.00 Fund: WTRCP RR 032950 2023 (Fund 4487) Department: Water (45) Organization: Grants & Capital Projects (89) Project: Residential Street Rebuild Program FY24(Project No. 24010) Account: Construction Contract (550910) Activity: 24010 Amount: $65,475.00 Fund: WWWCP RR 032950 2023 (Fund 4260) Department: Wastewater (46) Organization: Grants & Capital Projects (89) Project: Residential Street Rebuild Program FY24(Project No. 24010) Account: Construction Contract (550910) Activity: 24010 Amount: $65,475.00 Fund: Gas 2023 CIP (Fund 4562) Department: Gas (11) Organization: Grants & Capital Projects (89) Project: Residential Street Rebuild Program FY24(Project No. 24010) Account: Construction Contract (550910) Activity: 24010 Amount: $4,050.00 Overall Total $9,000,000.00 RECOMMENDATION: Staff recommends authorizing the approval of Change Order No. 1 with Bay Ltd., Corpus Christi, Texas for Base Bid 2, Base Bid 5 and Base Re-Bid 4 in an amount of $3,000,000.00 for each contract for a total amount not to exceed $9,000,000.00 for the Residential Street Rebuild Program as planned in the Rapid Pavement Program for FY 2026. LIST OF SUPPORTING DOCUMENTS: RPP 2026 List Presentation Map RPP 2027-2031 RESIDENTIAL STREETS FY 2027 YEAR DISTRICT STREET FROM TO AREA (SY)CENTERLINE MILES 2027*1 Bluebonnett Longview Westgate 2,800 0.2 2027*1 Colonial Fairview Old Robstown Rd 894 0.1 2027*1 Craig Staples Brownlee 4,661 0.3 2027*1 Eastgate Kenwood Southland 2,589 0.2 2027*1 Fairmont Westgate Kenwood 5,155 0.4 2027*1 Granada Longview Dead End 2,787 0.2 2027*1 Hancock Brownlee Crosstown 2,480 0.2 2027*1 Kenwood Longview Eastgate 2,675 0.2 2027*1 Longview E W Longview Fairmont 1,789 0.1 2027*1 Longview W Up River Southland 6,365 0.5 2027*1 Seventh Ayers Morgan 6,989 0.4 2027*1 Southland Eastgate Longview 3,325 0.2 2027*1 Wellington Westgate Dead End 1,363 0.1 2027*1 Westgate Up River Southland 6,111 0.4 2027*2 Brownlee Staples Louisiana 5,080 0.4 2027*2 Buckaroo Ayers Staples 2,387 0.2 2027*2 Clifford Santa Fe Staples 6,347 0.4 2027*2 Fifteenth Staples Louisiana 3,760 0.3 2027*2 Lawnview Lousiana Palmero 6,307 0.5 2027*2 Naples Staples Ocean 11,347 0.8 2027*2 Palmero Alameda S Santa Fe 5,333 0.3 2027*2 Sixteenth Staples Louisiana 3,580 0.2 2027*3 Cherry Hills Greenbriar Oakmont 3,493 0.2 2027*3 Greenbriar St Andrew Cherry Hills 6,493 0.5 2027*3 Johnston Mc Ardle Sunnybrook 3,499 0.3 2027*3 Kendall E & W Mansheim Larcade 3,493 0.3 2027*3 Larcade E & W Mansheim Kendall 3,493 0.3 2027*3 Locke Ln Wickersham Wickersham 4,027 0.3 2027*3 Long Cir Montecita Dead End 1,151 0.1 2027*3 Meadow Cir Montecita Dead End 902 0.1 2027*3 Montecita Longmeadow Saratoga 3,609 0.2 2027*3 Nesbitt Mc Ardle Sunnybrook 3,499 0.3 2027*3 Oakmont St Andrew Greenbriar 3,732 0.3 2027*3 River Oaks St Andrew Greenbriar 5,229 0.4 2027*3 Woodstone Locke Wickersham 1,453 0.1 2027*4 Ambrosia Aquarius Jackfish 4,960 0.4 2027*4 Amos Ct Seth St Dead End 1,075 0.1 2027*4 Ezekiel Ct Seth St Dead End 1,046 0.1 2027*4 Fortuna Bay Gypsy Dead End 6,547 0.5 2027*4 Goldfish Ambrosia Jackfish 2,720 0.2 2027*4 Hosea Ct Seth St Dead End 1,058 0.1 2027*4 Indigo Ambrosia Jackfish 2,280 0.2 2027*4 Isaiah Ct Seth St Dead End 1,050 0.1 2027*4 Jeremiah Ct Seth St Dead End 1,058 0.1 2027*4 Joel Ct Seth St Dead End 1,063 0.1 2027*4 Marina Padre Island Dr Ambrosia 1,333 0.1 2027*4 Mingo Cay Mont Pelee Dead End 1,227 0.1 2027*4 Mont Pelee Fortuna Bay Hawknest Bay 2,987 0.2 2027*4 Ramfield Roscher Flour Bluff 10,440 1.0 2027*4 Scallop Ambrosia Jackfish 2,573 0.2 2027*4 Seth St Amos Ct Isaiah Ct 4,415 0.3 *Candidates that will be worked on in FY 2026. RPP is dependent on funding in the annual budget. 8/29/2025 2 RPP 2027-2031 RESIDENTIAL STREETS FY 2027 YEAR DISTRICT STREET FROM TO AREA (SY)CENTERLINE MILES 2027*4 Sunglo St Don Patricio Rd Seth St 475 0.0 2027*5 Ammer Lake Bistineau Dead End 1,347 0.1 2027*5 Bell Isle Dr St Denis St Maramet Dr 1,444 0.1 2027*5 Burkhadt E Yorktown Blvd Grand Lake 853 0.1 2027*5 Burkhadt W Yorktown Blvd Grand Lake 853 0.1 2027*5 Cannes Dr St Denis St Dead End 1,398 0.1 2027*5 Cisco Oso Pkwy Dead End 433 0.0 2027*5 Dallas Yorktown Blvd Oso Pkwy 6,120 0.3 2027*5 Del Rio Odessa Oso Pkwy 1,973 0.1 2027*5 Ft Stockton Dallas Rocksprings 1,240 0.1 2027*5 Grand Lake Burkhadt W Dijon Lake 1,533 0.1 2027*5 Greenough Dr Kingsland Dr Dead End 722 0.1 2027*5 Kerrville Dallas Dead End 2,320 0.2 2027*5 Kingsland Dr Strasbourg Dr Maramet Dr 2,349 0.2 2027*5 Lubbock Rocksprings Everhart 413 0.0 2027*5 Maramet Dr Bell Isle Dr Dead End 1,421 0.1 2027*5 Odessa Oso Pkwy Dallas 2,907 0.2 2027*5 Riom St St Denis Strasbourg 825 0.1 2027*5 Rocksprings Ft Stockton Dead End 1,600 0.1 2027*5 San Angelo Dallas Kerrville 907 0.1 2027*5 Schwerin Lake Venice Dead End E & W 3,200 0.2 2027*5 St Denis Dr Loire Blvd Kingsland Dr 9,390 0.6 Total 73 227,752 15.6 *Candidates that will be worked on in FY 2026. RPP is dependent on funding in the annual budget. 8/29/2025 3 FY 26 Rapid Pavement Program Residential Streets Change Order Council Presentation: October 21, 2025 Change Order summary •Motion approves three change orders to Bay Ltd.to perform the Residential Street Rebuild Program (RSRP)work as planned in the Rapid Pavement Program (RPP)for FY 2026. •This change order will allow for the continuation of street improvement utilizing the pavement-only approach to complete streets identified on the RPP •This change order will allow Bay to continue working without delay;joining Anderson Columbia,Tex -Mix and JE Contractors on the Bond 2024 Program City of Corpus Christi2 Project Scope •Resurfacing of local streets •Minor utility adjustments •Required ADA improvements as necessary •Flatwork on an as needed basis •work will be issued by the City of Corpus Christi’s Public Works Department in multiple individual work orders called “Delivery Orders” •Delivery Orders will provide specific scope and requirements in accordance with the plans, specifications, and contract documents City of Corpus Christi3 RPP 2026 Map City of Corpus Christi4 RPP 2026 List City of Corpus Christi5 RPP 2026 List City of Corpus Christi6 RPP 2026 List City of Corpus Christi7 Thank you! AGENDA MEMORANDUM Action Item for the City Council Meeting of October 21, 2025 DATE: October 21, 2025 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Ernesto De La Garza, P.E., Director of Public Works ernestod2@cctexas.com (361) 826-1677 Sergio Villasana Jr., CPA, CGFO, CIA, Director of Finance & Procurement sergiov2@cctexas.com (361) 826-3227 CAPTION: Resolution awarding a construction contract to MAX Underground Construction, LLC of Corpus Christi Texas, for the reconstruction of Castenon Street from Trojan Drive to Delgado Street with new asphalt pavement, curb and gutter, sidewalk, driveways, signage, pavement markings, ADA ramps and utilities improvements in an amount not to exceed $3,574,312.30, located in Council District 3 with FY 2026 funding available from the Street Bond 2018, Storm Water, Water, Wastewater, and Gas Funds. SUMMARY: This resolution awards a construction contract to MAX Underground Construction, LLC for the complete reconstruction of Castenon Street from Trojan Drive to Delgado Street. The existing roadway will be demolished and rebuilt with new asphalt pavement, curbs and gutters, sidewalks, driveways, signage improvements, pavement markings, and ADA ramps. In addition to roadway improvements, storm water, water, and wastewater infrastructure will be upgraded. Construction Contract Award Castenon Street – Trojan Drive to Delgado Street (Bond 2018, Proposition B) BACKGOUND AND FINDINGS: On November 6, 2018, voters approved the City of Corpus Christi’s Bond 2018 Program for a total of $96 million, encompassing fifty-six projects. The propositions passed on election day included projects for streets, parks and recreation, public health, public safety, library and cultural facilities improvements. Proposition B-Streets included $1.1 million reconstruction of Castenon Street from Trojan Drive to Delgado Street. Castenon Street from Trojan Drive to Delgado Street, is approximately 1,700 linear feet (0.32 miles). According to the City’s Urban Transportation Plan, this section of Castenon Street is classified as C- 1 Minor Residential Collector, constructed in 1967. Castenon Street is currently a two-lane, hot-mix asphalt concrete (HMAC) roadway with an average pavement of 40 feet wide, one travel lane in each direction with 6-inch curb and gutter, sidewalk, and underground storm system. Castenon Street from Trojan Drive to Delgado Street was recommended to be design for asphalt pavement and concrete based on the pavement design recommendations by Engineering Services, approved by the City Council on July 16, 2019. However, after review, staff decided to design the project using asphalt pavement only based on the current Council Policy 28 authorized by Council on May 21, 2024, that considers street classification, constructability reason and the pavement continuity for pavement type selection. Castenon Street from Trojan Drive to Delgado Street is primarily used by Foy H. Moody High School with low traffic when school is not in session. The project has been delayed due to the engineering design firm closure. The design of the project initially started in August 2020 but was delayed due to the staffing issues of the engineering design firm. The engineering firm was closed around May 2023 without completing the project design. After staff learned the engineering firm was closed, staff worked with Legal department to resolve billings and close out the contract with the initial engineering firm, ensuring that all loose ends were tied up before moving forward with a new firm. The project was re-assigned to another firm in June 2024 to complete the design. The final design was delivered in June 2025 and then was advertised for construction bids. The proposed improvements include new asphalt pavement, one travel lane in each direction, curbs and gutters, sidewalks, driveways, signage improvements, pavement markings, and ADA- complaint ramps. It will replace aging utilities where applicable. PROJECT TIMELINE: 2021 - 2025 2025 2025 - 2026 February - June June-October November - November Design Bid/Award Construction Project schedule reflects City Council award in October 2025 with anticipated completion by November 2026. COMPETITIVE SOLICITATION PROCESS On June 25, 2025, the Contracts and Procurement Department issued a Request for Bids (RFB #6644) for Castenon Street from Trojan Drive to Delgado Street. The solicitation contained only an asphalt pavement base bid. On July 17, 2025, the city received bids from seven bidders. The city analyzed the bids in accordance with the contract documents and determined that MAX Underground Construction, LLC was the lowest responsive and responsible bidder. A summary of the bids is provided below: Bidder Base Bid (Asphalt Pavement) 1 MAX Underground Construction, LLC $3,574,312.30 2 A. Ortiz Construction & Paving, Inc. $3,648,556.13 3 Grace Paving and Construction, Inc. $3,731,617.19 4 JE Construction Services $3,812,600.20 5 Mako Contracting $3,941,647.46 6 Clark Pipeline Services $4,399,669.88 7 J Carroll Weaver $4,886,211.18 Engineer’s Opinion of Probable Construction Cost $6,363,673.20 The bid is well below the engineer’s estimate, but staff do not have any concerns about awarding the contract to the low bidder. MAX Underground Construction, LLC is a very experienced contractor and are standing by their bid. The grouping of the five lowest bids indicates that the engineer likely overestimated the value of the work. MAX Underground Construction, LLC has successfully completed many construction projects with the City of Corpus Christi and neighboring cities such as Ingleside, Portland, and Aransas Pass. Recent street projects include: • Elizabeth Street from Santa Fe Street to Staples Street: Construction amount $2,417,262.99 • City Wide Storm Water Improvements IDIQ: Construction amount $1,500,000.00 • Slough Road from Rodd Field to Dead End: Construction amount $5,400,889.65 • Laguna Shores Road Force Main Replacement: Construction amount $4,425,112.50 Based on the review, city staff recommends that the City award the construction contract to the low bidder, MAX Underground Construction, LLC. ALTERNATIVES: City Council could choose not to award the contract to MAX Underground Construction, LLC. This decision would delay the project and conflict with the City Council's goal to expedite street projects with Bond funds. FISCAL IMPACT: The proposal is to award a construction contract to MAX Underground Construction, LLC, in an amount not to exceed $3,574,312.30, for the reconstruction of Castenon Street from Trojan Drive to Delgado Street. Project funds are available from the 2018 Street Bond and FY2026 Storm Water, Wastewater, Water, and Gas allocations. The shortfall in the project funding has been transferred from the 2018 Street Bond project closures and savings including projects Long Meadow Drive, Downtown Pedestrian Safety Improvements, and Junior Beck Drive (Bear Lane to Dead End). Funding Detail: Fund: ST2020 Bd18 P2 (Fund 3557) Department: Streets (33) Organization: Grants & Capital Projects (89) Project: Castenon Street (Project 18011A) Account: Construction (550910) Activity: 18011A Amount: $1,174,479.81 Fund: Stormwater 2025 CIP (Rv Bds) (Fund 4538) Department: Stormwater (47) Organization: Grants & Capital Projects (89) Project: Castenon Street (Project No. 18011A) Account: Construction (550910) Activity: 18011A Amount: $975,698.16 Fund: Water 2022 CIP (Fund 4484) Department: Water (45) Organization: Grants & Capital Projects (89) Project: Castenon Street (Project No. 18011A) Account: Construction (550910) Activity: 18011A Amount: $453,889.40 Fund: Waste Water 2025 CIP (Rv Bds) (Fund 4262) Department: Wastewater (46) Organization: Grants & Capital Projects (89) Project: Castenon Street (Project No. 18011A) Account: Construction (550910) Activity: 18011A Amount: $926,116.58 Fund: Gas 2024 CIP (Rv Bds) (Fund 4566) Department: Gas (11) Organization: Grants & Capital Projects (89) Project: Castenon Street (Project No. 18011A) Account: Construction (550910) Activity: 18011A Amount: $44,128.35 TOTAL $3,574,312.30 RECOMMENDATION: Staff recommends awarding the construction contract to MAX Underground Construction for the reconstruction of Castenon Street from Trojan Drive to Delgado Street in the amount of $3,574,312.30. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabs CIP Page 18011A MAP Point Power Presentation Resolution awarding a construction contract to MAX Underground Construction, LLC of Corpus Christi for the reconstruction of Castenon Street, from Trojan Drive to Delgado Street, with new asphalt pavement, curb and gutter, sidewalk, driveways, signage, pavement markings, ADA ramps and utility improvements in an amount up to $3,574,312.30, located in Council District 3 with FY 2026 funding available from the Street Bond 2018, Storm Water, Water, Wastewater, and Gas Funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager or designee is authorized to execute a construction contract with MAX Underground Construction, LLC for reconstruction of Castenon Street, from Trojan Drive to Delgado Street, in the amount of $3,574,312.30. PASSED and APPROVED on the _____ day of ________________, 202 5. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary RFB 6644 Castenon Street - Trojan to Delgado St. (Bond 2018) 18011A ID: RFB 6644 Item Description Unit Quantity MAX Underground CostructionTotal A. Ortiz Construction & Paving, Inc.Total Grace Paving And Construction, Inc.Total JE CONSTRUCTION SERVICESTotalMako ContractingTotal Clark Pipeline ServicesTotal J Carroll Weaver Total Base Bid GENERAL A1 GENERAL - MOBILIZATIO LS 1.00 $17,000.00 $17,000.00 $10,000.00 $10,000.00 $9,029.50 $9,029.50 $8,917.00 $8,917.00 $7,500.00 $7,500.00 $16,100.00 $16,100.00 $21,000.00 $21,000.00 A2 GENERAL - BONDS AND LS 1.00 $60,000.00 $60,000.00 $69,000.00 $69,000.00 $65,000.00 $65,000.00 $22,333.00 $22,333.00 $59,500.00 $59,500.00 $70,800.00 $70,800.00 $28,000.00 $28,000.00 A3 GENERAL - DOOR EA 128.00 $3.00 $384.00 $3.13 $400.64 $5.27 $674.56 $22.00 $2,816.00 $5.00 $640.00 $76.70 $9,817.60 $83.93 $10,743.04 A4 GENERAL - CLEAR AC 2.30 $5,625.00 $12,937.50 $4,356.00 $10,018.80 $1,760.87 $4,050.00 $12,744.00 $29,311.20 $5,000.00 $11,500.00 $8,260.00 $18,998.00 $16,500.00 $37,950.00 A5 GENERAL - OZONE DAY 4.00 $1,015.63 $4,062.52 $1.00 $4.00 $1.20 $4.80 $1.00 $4.00 $0.01 $0.04 $177.00 $708.00 $280.00 $1,120.00 A6 GENERAL - SURVEY EA 2.00 $2,593.75 $5,187.50 $250.00 $500.00 $1,012.50 $2,025.00 $900.00 $1,800.00 $500.00 $1,000.00 $885.00 $1,770.00 $896.00 $1,792.00 A7 TEMPORARY TRAFFIC EA 1.00 $10,687.50 $10,687.50 $10,000.00 $10,000.00 $7,897.50 $7,897.50 $7,400.00 $7,400.00 $7,020.00 $7,020.00 $7,670.00 $7,670.00 $93,831.51 $93,831.51 A8 TEMPORARY TRAFFIC MO 10.00 $7,843.75 $78,437.50 $1,500.00 $15,000.00 $776.25 $7,762.50 $1,400.00 $14,000.00 $690.00 $6,900.00 $1,917.50 $19,175.00 $20,000.00 $200,000.00 A9 TEMPORARY TRAFFIC EA 2.00 $8,750.00 $17,500.00 $8,100.00 $16,200.00 $7,176.50 $14,353.00 $6,100.00 $12,200.00 $13,800.00 $27,600.00 $8,389.80 $16,779.60 $3,920.00 $7,840.00 A10 TEMPORARY TRAFFIC EA 1.00 $29,781.25 $29,781.25 $24,500.00 $24,500.00 $26,437.50 $26,437.50 $22,500.00 $22,500.00 $10,000.00 $10,000.00 $29,334.80 $29,334.80 $10,640.00 $10,640.00 A11 TEMPORARY TRAFFIC LS 1.00 $30,625.00 $30,625.00 $12,500.00 $12,500.00 $3,375.00 $3,375.00 $15,000.00 $15,000.00 $100.00 $100.00 $5,310.00 $5,310.00 $1,680.00 $1,680.00 A12 STORMWATE R LS 1.00 $11,562.50 $11,562.50 $5,000.00 $5,000.00 $2,700.00 $2,700.00 $1,240.00 $1,240.00 $5,000.00 $5,000.00 $17,700.00 $17,700.00 $2,800.00 $2,800.00 A13 STORMWATE R LS 1.00 $10,875.00 $10,875.00 $3,000.00 $3,000.00 $4,995.00 $4,995.00 $33,605.00 $33,605.00 $20,000.00 $20,000.00 $18,329.33 $18,329.33 $13,563.21 $13,563.21 A14 STORMWATE R SF 15,655.00 $2.11 $33,032.05 $1.80 $28,179.00 $1.75 $27,396.25 $2.00 $31,310.00 $1.35 $21,134.25 $3.56 $55,731.80 $5.08 $79,527.40 A15 ALLOWANCE - AL 1.00 $34,000.00 $34,000.00 $34,000.00 $34,000.00 $34,000.00 $34,000.00 $34,000.00 $34,000.00 $34,000.00 $34,000.00 $34,000.00 $34,000.00 $34,000.00 $34,000.00 Sub Totals $356,072.32 $238,302.44 $209,700.61 $236,436.20 $211,894.29 $322,224.13 $544,487.16 STREET IMPROVEMENTS B1 GENERAL - MOBILIZATIO LS 1.00 $48,437.50 $48,437.50 $46,183.00 $46,183.00 $40,216.62 $40,216.62 $34,040.00 $34,040.00 $40,000.00 $40,000.00 $59,000.00 $59,000.00 $65,000.00 $65,000.00 B2 DEMOLITION AND EA 9.00 $169.44 $1,524.96 $100.00 $900.00 $187.50 $1,687.50 $455.00 $4,095.00 $200.00 $1,800.00 $206.50 $1,858.50 $303.00 $2,727.00 B3 REMOVAL AND LF 420.00 $10.27 $4,313.40 $17.86 $7,501.20 $12.54 $5,266.80 $44.00 $18,480.00 $3.00 $1,260.00 $15.73 $6,606.60 $45.00 $18,900.00 B4 REMOVAL AND EA 6.00 $635.42 $3,812.52 $2,500.00 $15,000.00 $787.50 $4,725.00 $1,900.00 $11,400.00 $500.00 $3,000.00 $1,475.00 $8,850.00 $3,500.00 $21,000.00 B5 REMOVAL AND LF 10.00 $43.75 $437.50 $15.00 $150.00 $176.18 $1,761.80 $45.00 $450.00 $20.00 $200.00 $47.20 $472.00 $272.70 $2,727.00 B6 REMOVAL AND SY 7,245.00 $8.77 $63,538.65 $3.00 $21,735.00 $12.74 $92,301.30 $10.00 $72,450.00 $15.00 $108,675.00 $11.80 $85,491.00 $28.00 $202,860.00 B7 REMOVAL AND SF 1,465.00 $4.56 $6,680.40 $4.00 $5,860.00 $2.86 $4,189.90 $5.00 $7,325.00 $4.00 $5,860.00 $4.92 $7,207.80 $7.45 $10,914.25 B8 ADJUST - CHAINLINK LF 460.00 $38.18 $17,562.80 $20.00 $9,200.00 $22.01 $10,124.60 $85.00 $39,100.00 $35.00 $16,100.00 $23.60 $10,856.00 $28.00 $12,880.00 B9 PAVEMENT - SUBGRADE SY 7,760.00 $12.84 $99,638.40 $15.00 $116,400.00 $13.60 $105,536.00 $21.00 $162,960.00 $16.00 $124,160.00 $21.16 $164,201.60 $25.66 $199,121.60 B10 PAVEMENT - BASE SY 7,760.00 $31.43 $243,896.80 $36.00 $279,360.00 $34.11 $264,693.60 $28.00 $217,280.00 $33.00 $256,080.00 $37.29 $289,370.40 $35.46 $275,169.60 B11 PAVEMENT - HMAC TYPE SY 6,395.00 $46.62 $298,134.90 $40.00 $255,800.00 $31.65 $202,401.75 $28.00 $179,060.00 $49.11 $314,058.45 $51.88 $331,772.60 $51.22 $327,551.90 B12 PAVEMENT - ONE SY 7,760.00 $7.79 $60,450.40 $5.25 $40,740.00 $6.00 $46,560.00 $6.00 $46,560.00 $8.64 $67,046.40 $8.47 $65,727.20 $7.98 $61,924.80 B13 PAVEMENT - PRIME COAT GAL 965.00 $8.13 $7,845.45 $1.00 $965.00 $5.49 $5,297.85 $9.00 $8,685.00 $9.60 $9,264.00 $9.44 $9,109.60 $7.07 $6,822.55 B14 PAVEMENT - CONCRETE SF 2,280.00 $13.00 $29,640.00 $11.75 $26,790.00 $12.84 $29,275.20 $12.00 $27,360.00 $10.00 $22,800.00 $13.57 $30,939.60 $17.92 $40,857.60 B15 PAVEMENT - REPAIR SY 30.00 $147.29 $4,418.70 $151.70 $4,551.00 $90.00 $2,700.00 $194.00 $5,820.00 $220.00 $6,600.00 $248.00 $7,440.00 $224.00 $6,720.00 B16 PAVEMENT - CONCRETE SY 180.00 $156.11 $28,099.80 $322.19 $57,994.20 $153.75 $27,675.00 $133.00 $23,940.00 $108.00 $19,440.00 $167.56 $30,160.80 $145.60 $26,208.00 B17 PAVEMENT MARKING - LF 3,340.00 $1.69 $5,644.60 $1.10 $3,674.00 $1.45 $4,843.00 $1.00 $3,340.00 $1.32 $4,408.80 $1.30 $4,342.00 $1.23 $4,108.20 B18 PAVEMENT MARKING - LF 165.00 $3.39 $559.35 $2.50 $412.50 $3.25 $536.25 $3.00 $495.00 $3.00 $495.00 $2.95 $486.75 $2.80 $462.00 B19 PAVEMENT MARKING - LF 30.00 $26.41 $792.30 $20.00 $600.00 $26.00 $780.00 $22.00 $660.00 $24.00 $720.00 $23.60 $708.00 $22.40 $672.00 B20 PAVEMENT MARKING - LF 66.00 $20.79 $1,372.14 $16.00 $1,056.00 $20.80 $1,372.80 $18.00 $1,188.00 $19.20 $1,267.20 $18.88 $1,246.08 $17.92 $1,182.72 B21 PAVEMENT MARKING - EA 152.00 $10.36 $1,574.72 $7.50 $1,140.00 $9.75 $1,482.00 $9.00 $1,368.00 $9.00 $1,368.00 $8.85 $1,345.20 $8.40 $1,276.80 B22 PAVEMENT MARKING - EA 7.00 $23.66 $165.62 $15.00 $105.00 $19.50 $136.50 $18.00 $126.00 $18.00 $126.00 $17.70 $123.90 $16.80 $117.60 B23 CHAINLINK FENCE LF 10.00 $75.00 $750.00 $100.00 $1,000.00 $445.50 $4,455.00 $95.00 $950.00 $100.00 $1,000.00 $88.50 $885.00 $336.00 $3,360.00 B24 SIGN ASSEMBLY EA 13.00 $1,115.38 $14,499.94 $825.00 $10,725.00 $1,072.50 $13,942.50 $935.00 $12,155.00 $990.00 $12,870.00 $990.00 $12,870.00 $924.00 $12,012.00 B25 ALLOWANCE - AL 1.00 $62,000.00 $62,000.00 $62,000.00 $62,000.00 $62,000.00 $62,000.00 $62,000.00 $62,000.00 $62,000.00 $62,000.00 $62,000.00 $62,000.00 $62,000.00 $62,000.00 Sub Totals $1,005,790.85 $969,841.90 $933,960.97 $941,287.00 $1,080,598.85 $1,193,070.63 $1,366,575.62 ADA IMPROVEMENTS C1 GENERAL - MOBILIZATIO LS 1.00 $12,187.50 $12,187.50 $11,063.16 $11,063.16 $10,327.96 $10,327.96 $9,824.00 $9,824.00 $10,000.00 $10,000.00 $14,160.00 $14,160.00 $12,303.47 $12,303.47 C2 SIDEWALK - DEMOLITION SF 14,765.00 $1.75 $25,838.75 $4.00 $59,060.00 $1.74 $25,691.10 $2.00 $29,530.00 $3.00 $44,295.00 $2.95 $43,556.75 $0.55 $8,120.75 C3 SIDEWALK - 4-INCH (MIN.) SF 15,680.00 $11.05 $173,264.00 $6.99 $109,603.20 $8.49 $133,123.20 $10.00 $156,800.00 $8.50 $133,280.00 $9.44 $148,019.20 $10.37 $162,601.60 C4 SIDEWALK - TIE-IN EA 8.00 $781.25 $6,250.00 $150.00 $1,200.00 $379.69 $3,037.52 $499.00 $3,992.00 $225.00 $1,800.00 $1,262.60 $10,100.80 $7,786.37 $62,290.96 C5 GALVANIZED STEEL LF 24.00 $221.35 $5,312.40 $100.00 $2,400.00 $354.38 $8,505.12 $540.00 $12,960.00 $300.00 $7,200.00 $584.10 $14,018.40 $301.00 $7,224.00 C6 ADA - CURB RAMP EA 3.00 $1,445.83 $4,337.49 $300.00 $900.00 $1,350.00 $4,050.00 $1,300.00 $3,900.00 $500.00 $1,500.00 $1,770.00 $5,310.00 $1,818.00 $5,454.00 C7 ADA - CURB RAMP - EA 8.00 $3,635.94 $29,087.52 $3,950.00 $31,600.00 $2,404.69 $19,237.52 $5,400.00 $43,200.00 $2,200.00 $17,600.00 $2,773.00 $22,184.00 $5,040.00 $40,320.00 C8 ADA - DETECTABL EA 4.00 $1,031.25 $4,125.00 $375.00 $1,500.00 $5,222.81 $20,891.24 $6,200.00 $24,800.00 $500.00 $2,000.00 $3,540.00 $14,160.00 $1,203.99 $4,815.96 C9 ALLOWANCE - AL 1.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 Sub Totals $275,402.66 $232,326.36 $239,863.66 $300,006.00 $232,675.00 $286,509.15 $318,130.74 STORM WATER IMPROVEMENTS D1 GENERAL - MOBILIZATIO LS 1.00 $26,562.50 $26,562.50 $32,975.75 $32,975.75 $28,384.73 $28,384.73 $31,241.00 $31,241.00 $35,000.00 $35,000.00 $47,500.00 $47,500.00 $60,000.00 $60,000.00 D2 DEMOLITION - EXISTING EA 7.00 $983.93 $6,887.51 $1,250.00 $8,750.00 $701.25 $4,908.75 $1,650.00 $11,550.00 $632.50 $4,427.50 $1,180.00 $8,260.00 $1,168.71 $8,180.97 D3 DEMOLITION - CURB AND LF 3,350.00 $5.41 $18,123.50 $5.10 $17,085.00 $5.46 $18,291.00 $7.00 $23,450.00 $8.00 $26,800.00 $5.90 $19,765.00 $4.55 $15,242.50 D4 DEMOLITION - EXISTING EA 4.00 $1,803.13 $7,212.52 $800.00 $3,200.00 $956.25 $3,825.00 $2,400.00 $9,600.00 $862.50 $3,450.00 $1,475.00 $5,900.00 $1,168.52 $4,674.08 D5 REMOVAL - REINFORCE LF 62.00 $18.45 $1,143.90 $20.00 $1,240.00 $25.50 $1,581.00 $28.00 $1,736.00 $23.00 $1,426.00 $20.65 $1,280.30 $87.97 $5,454.14 D6 REMOVAL - REINFORCE LF 17.00 $29.96 $509.32 $23.00 $391.00 $29.33 $498.61 $29.00 $493.00 $26.45 $449.65 $20.65 $351.05 $80.21 $1,363.57 D7 REMOVAL - REINFORCE LF 21.00 $34.23 $718.83 $23.00 $483.00 $29.33 $615.93 $31.00 $651.00 $26.45 $555.45 $27.53 $578.13 $64.93 $1,363.53 D8 REMOVAL - REINFORCE LF 22.00 $36.08 $793.76 $25.00 $550.00 $31.88 $701.36 $32.00 $704.00 $28.75 $632.50 $41.30 $908.60 $61.98 $1,363.56 D9 REMOVAL - REINFORCE LF 505.00 $14.23 $7,186.15 $26.00 $13,130.00 $31.20 $15,756.00 $34.00 $17,170.00 $29.90 $15,099.50 $57.82 $29,199.10 $32.40 $16,362.00 D10 REMOVAL - REINFORCE LF 825.00 $16.21 $13,373.25 $28.00 $23,100.00 $33.60 $27,720.00 $36.00 $29,700.00 $32.20 $26,565.00 $61.95 $51,108.75 $26.44 $21,813.00 D11 CURB AND GUTTER - 6- LF 3,350.00 $21.49 $71,991.50 $29.00 $97,150.00 $27.75 $92,962.50 $33.00 $110,550.00 $30.00 $100,500.00 $24.19 $81,036.50 $62.76 $210,246.00 D12 CURB AND GUTTER - TIE- EA 6.00 $562.50 $3,375.00 $25.00 $150.00 $270.83 $1,624.98 $130.00 $780.00 $100.00 $600.00 $289.10 $1,734.60 $7,316.82 $43,900.92 D13 CONCRETE CURB - 6- LF 17.00 $27.57 $468.69 $25.00 $425.00 $87.94 $1,494.98 $42.00 $714.00 $35.00 $595.00 $41.30 $702.10 $645.60 $10,975.20 D14 STORMWATE R UTILITY - EA 8.00 $13,296.88 $106,375.04 $9,800.00 $78,400.00 $10,780.00 $86,240.00 $9,290.00 $74,320.00 $11,270.00 $90,160.00 $16,541.24 $132,329.92 $23,372.94 $186,983.52 D15 STORMWATE R UTILITY - EA 12.00 $4,991.67 $59,900.04 $5,200.00 $62,400.00 $6,318.00 $75,816.00 $6,900.00 $82,800.00 $5,980.00 $71,760.00 $6,662.28 $79,947.36 $14,225.79 $170,709.48 D16 STORMWATE R UTILITY - EA 1.00 $1,093.75 $1,093.75 $1,900.00 $1,900.00 $2,565.00 $2,565.00 $4,065.00 $4,065.00 $2,185.00 $2,185.00 $2,920.50 $2,920.50 $14,073.70 $14,073.70 D17 STORMWATE R UTILITY - LF 330.00 $73.33 $24,198.90 $115.00 $37,950.00 $140.88 $46,490.40 $257.00 $84,810.00 $132.25 $43,642.50 $160.83 $53,073.90 $159.76 $52,720.80 D18 STORMWATE R UTILITY - LF 44.00 $113.64 $5,000.16 $127.00 $5,588.00 $168.91 $7,432.04 $263.00 $11,572.00 $146.05 $6,426.20 $179.86 $7,913.84 $244.69 $10,766.36 D19 STORMWATE R UTILITY - LF 490.00 $107.16 $52,508.40 $138.00 $67,620.00 $169.05 $82,834.50 $236.00 $115,640.00 $158.70 $77,763.00 $200.89 $98,436.10 $227.18 $111,318.20 D20 STORMWATE R UTILITY - LF 825.00 $144.89 $119,534.25 $205.00 $169,125.00 $251.13 $207,182.25 $343.00 $282,975.00 $257.00 $212,025.00 $298.68 $246,411.00 $300.63 $248,019.75 D21 STORMWATE R UTILITY - LF 1,689.00 $6.44 $10,877.16 $2.00 $3,378.00 $2.70 $4,560.30 $10.00 $16,890.00 $2.30 $3,884.70 $17.70 $29,895.30 $5.60 $9,458.40 D22 STORMWATE R UTILITY - EA 5.00 $2,252.50 $11,262.50 $2,900.00 $14,500.00 $3,857.00 $19,285.00 $1,950.00 $9,750.00 $3,335.00 $16,675.00 $3,622.60 $18,113.00 $159.37 $796.85 D23 ALLOWANCE - AL 1.00 $54,000.00 $54,000.00 $53,000.00 $53,000.00 $54,000.00 $54,000.00 $54,000.00 $54,000.00 $54,000.00 $54,000.00 $54,000.00 $54,000.00 $56,000.00 $56,000.00 Sub Totals $603,096.63 $692,490.75 $784,770.33 $975,161.00 $794,622.00 $971,365.05 $1,261,786.53 WASTEWATER UTILITY IMPROVEMENTS E1 GENERAL - MOBILIZATIO LS 1.00 $37,500.00 $37,500.00 $47,405.38 $47,405.38 $45,802.14 $45,802.14 $29,250.00 $29,250.00 $45,000.00 $45,000.00 $50,000.00 $50,000.00 $38,000.00 $38,000.00 E2 WASTEWAT ER UTILITY - LF 1,445.00 $412.28 $595,744.60 $312.90 $452,140.50 $327.80 $473,671.00 $288.00 $416,160.00 $361.00 $521,645.00 $414.18 $598,490.10 $345.00 $498,525.00 E3 WASTEWAT ER UTILITY - EA 6.00 $11,293.75 $67,762.50 $14,946.75 $89,680.50 $16,441.43 $98,648.58 $8,500.00 $51,000.00 $15,943.20 $95,659.20 $7,670.00 $46,020.00 $15,943.20 $95,659.20 E4 WASTEWAT ER UTILITY - EA 5.00 $2,917.50 $14,587.50 $3,018.75 $15,093.75 $3,737.50 $18,687.50 $7,400.00 $37,000.00 $3,306.25 $16,531.25 $6,667.00 $33,335.00 $3,220.00 $16,100.00 E5 WASTEWAT ER UTILITY - LS 1.00 $32,500.00 $32,500.00 $27,042.75 $27,042.75 $28,330.50 $28,330.50 $73,720.00 $73,720.00 $30,906.00 $30,906.00 $88,500.00 $88,500.00 $28,845.60 $28,845.60 E6 WASTEWAT ER UTILITY - EA 17.00 $2,574.26 $43,762.42 $18,950.00 $322,150.00 $17,818.71 $302,918.07 $3,975.00 $67,575.00 $18,651.36 $317,073.12 $10,620.00 $180,540.00 $3,080.00 $52,360.00 E7 ALLOWANCE - AL 1.00 $42,000.00 $42,000.00 $42,000.00 $42,000.00 $42,000.00 $42,000.00 $42,000.00 $42,000.00 $42,000.00 $42,000.00 $42,000.00 $42,000.00 $42,000.00 $42,000.00 Sub Totals $833,857.02 $995,512.88 $1,010,057.79 $716,705.00 $1,068,814.57 $1,038,885.10 $771,489.80 WATER UTILITY IMPROVEMENTS F1 GENERAL - MOBILIZATIO LS 1.00 $17,812.50 $17,812.50 $20,299.80 $20,299.80 $17,517.60 $17,517.60 $20,795.00 $20,795.00 $22,000.00 $22,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 F2 GENERAL - SCHEDULE LS 1.00 $9,900.00 $9,900.00 $1.00 $1.00 $4,550.00 $4,550.00 $19,600.00 $19,600.00 $1.00 $1.00 $26,550.00 $26,550.00 $11,200.00 $11,200.00 F3 SALVAGE - FIRE EA 3.00 $718.75 $2,156.25 $750.00 $2,250.00 $845.00 $2,535.00 $1,723.00 $5,169.00 $747.50 $2,242.50 $885.00 $2,655.00 $5,500.00 $16,500.00 F4 DEMOLITION - 6-INCH EA 11.00 $1,067.61 $11,743.71 $625.00 $6,875.00 $577.50 $6,352.50 $79.00 $869.00 $603.75 $6,641.25 $824.43 $9,068.73 $3,500.72 $38,507.92 F5 ABANDON - EXISTING LF 1,840.00 $7.43 $13,671.20 $28.00 $51,520.00 $33.60 $61,824.00 $24.00 $44,160.00 $32.20 $59,248.00 $51.92 $95,532.80 $5.60 $10,304.00 F6 WATER UTILITY - LF 350.00 $40.57 $14,199.50 $69.00 $24,150.00 $79.87 $27,954.50 $70.00 $24,500.00 $79.35 $27,772.50 $69.19 $24,216.50 $148.42 $51,947.00 F7 WATER UTILITY - LF 1,550.00 $42.57 $65,983.50 $80.00 $124,000.00 $82.80 $128,340.00 $83.00 $128,650.00 $89.00 $137,950.00 $96.82 $150,071.00 $70.78 $109,709.00 F8 WATER UTILITY - LF 1,900.00 $5.26 $9,994.00 $2.00 $3,800.00 $2.40 $4,560.00 $7.00 $13,300.00 $2.30 $4,370.00 $5.90 $11,210.00 $6.72 $12,768.00 F9 WATER UTILITY - LS 1.00 $18,125.00 $18,125.00 $25,000.00 $25,000.00 $27,610.00 $27,610.00 $23,450.00 $23,450.00 $25,300.00 $25,300.00 $20,378.60 $20,378.60 $52,024.48 $52,024.48 F10 WATER UTILITY - EA 6.00 $3,383.33 $20,299.98 $2,900.00 $17,400.00 $3,575.70 $21,454.20 $5,400.00 $32,400.00 $3,335.00 $20,010.00 $2,520.48 $15,122.88 $2,182.63 $13,095.78 F11 WATER UTILITY - EA 10.00 $2,105.00 $21,050.00 $2,150.00 $21,500.00 $2,413.00 $24,130.00 $2,200.00 $22,000.00 $2,185.00 $21,850.00 $1,475.00 $14,750.00 $2,855.36 $28,553.60 F12 WATER UTILITY - EA 7.00 $4,007.14 $28,049.98 $2,300.00 $16,100.00 $2,921.00 $20,447.00 $4,175.00 $29,225.00 $2,645.00 $18,515.00 $2,242.00 $15,694.00 $3,668.23 $25,677.61 F13 WATER UTILITY - EA 7.00 $9,894.64 $69,262.48 $8,250.00 $57,750.00 $8,625.00 $60,375.00 $9,960.00 $69,720.00 $8,625.00 $60,375.00 $4,448.60 $31,140.20 $9,665.04 $67,655.28 F14 SERVICE CONNECTIO EA 17.00 $4,436.76 $75,424.92 $1,450.00 $24,650.00 $1,819.75 $30,935.75 $3,460.00 $58,820.00 $1,667.50 $28,347.50 $2,110.23 $35,873.91 $2,152.58 $36,593.86 F15 ALLOWANCE FOR AL 1.00 $31,000.00 $31,000.00 $31,000.00 $31,000.00 $31,000.00 $31,000.00 $31,000.00 $31,000.00 $31,000.00 $31,000.00 $31,000.00 $31,000.00 $31,000.00 $31,000.00 Sub Totals $408,673.02 $426,295.80 $469,585.55 $523,658.00 $465,622.75 $508,263.62 $530,536.53 GAS UTILITY IMPROVEMENTS G1 GENERAL - MOBILIZATIO LS 1.00 $1,625.00 $1,625.00 $2,526.00 $2,526.00 $1,532.48 $1,532.48 $2,456.00 $2,456.00 $2,000.00 $2,000.00 $1,500.00 $1,500.00 $2,200.00 $2,200.00 G2 REMOVE AND EA 2.00 $4,843.75 $9,687.50 $5,000.00 $10,000.00 $4,225.00 $8,450.00 $5,250.00 $10,500.00 $500.00 $1,000.00 $3,009.00 $6,018.00 $3,800.00 $7,600.00 G3 ADJUST - LINE LF 1,340.00 $14.28 $19,135.20 $25.00 $33,500.00 $14.55 $19,497.00 $24.00 $32,160.00 $30.00 $40,200.00 $13.57 $18,183.80 $20.00 $26,800.00 G4 TRENCH SAFETY LF 1,340.00 $4.69 $6,284.60 $3.00 $4,020.00 $2.32 $3,108.80 $19.00 $25,460.00 $1.00 $1,340.00 $2.36 $3,162.40 $6.72 $9,004.80 G5 ALLOWANCE FOR AL 1.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 Sub Totals $39,732.30 $53,046.00 $35,588.28 $73,576.00 $47,540.00 $31,864.20 $48,604.80 ELECTRICAL IMPROVEMENTS H1 GENERAL - MOBILIZATIO LS 1.00 $1,500.00 $1,500.00 $1,440.00 $1,440.00 $1,790.00 $1,790.00 $1,354.00 $1,354.00 $1,200.00 $1,200.00 $1,840.00 $1,840.00 $800.00 $800.00 H2 ADJUST - ROADWAY EA 1.00 $14,812.50 $14,812.50 $3,800.00 $3,800.00 $10,800.00 $10,800.00 $8,900.00 $8,900.00 $3,180.00 $3,180.00 $10,148.00 $10,148.00 $8,400.00 $8,400.00 H3 ALLOWANCE FOR AL 1.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 Sub Totals $41,312.50 $30,240.00 $37,590.00 $35,254.00 $29,380.00 $36,988.00 $34,200.00 IT IMPROVEMENTS I1 GENERAL - MOBILIZATIO LS 1.00 $375.00 $375.00 $500.00 $500.00 $500.00 $500.00 $517.00 $517.00 $500.00 $500.00 $500.00 $500.00 $400.00 $400.00 I2 ALLOWANCE FOR AL 1.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 Sub Totals $10,375.00 $10,500.00 $10,500.00 $10,517.00 $10,500.00 $10,500.00 $10,400.00 Grand Total $3,574,312.30 $3,648,556.13 $3,731,617.19 $3,812,600.20 $3,941,647.46 $4,399,669.88 $4,886,211.18 FY 26 thru FY 28 Capital Improvement Plan Corpus Christi, Texas Project# Project Name Contact Type Priority Useful Life Description 18011 Castenon St (Trojan Dr to Delgado St) Director of Public Works Rehabilitation Priority Level 1 25 years Department Category Status Council District Public Works-Streets Street-Rehabilitation Active 3 This project consists of reconstruction of existing 2-lane roadway with 2 lanes and designated parking lanes. Includes pavement reconstruction with new pavement, improved signage, pavement markings, and ADA ramps. Justification This project will replace aging utilities where applicable, improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior FY26 FY27 FY28 Total Construction/Rehab 0 1,174,480 0 0 1,174,480 Wastewater-St 54,857 871,260 0 0 926,117 Storm Water-St. 133,467 842,231 0 0 975,698 Water-St. 62,100 391,790 0 0 453,890 Eng, Admin Reimbursements 79,396 60,000 0 0 139,396 5,543 38,585 0 0 44,128 356,801 0 0 0 356,801 Total 692,164 3,378,346 0 0 4,070,510 Prior FY26 FY 27 FY28 Total 255,967 2,143,866 0 0 2,399,833 Gas-St. Design Funding Sources Revenue Bonds G.O. Bond 2018 436,197 1,234,480 0 0 1,670,677 Total 692,164 3,378,346 0 0 4,070,510 Budget Impact There is no projected operational impact with this project, at this time. Once the project is completed it will be added to the Street Preventative Maintenance Program. CASTENONBLACKJACK BIRCH TROJAN DELGADO LEON SYCAMORE JUAREZ HEMLOCK HICKORY BOISDARC SHOWER CASTENON CASTENON -DELGADO TOTROJAN Location Map CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXASDEPARTMENT OF ENGINEERING SERVICES Project Location PROJECT NO. 18011A . Text 1 Council Presentation October 21, 2025 Castenon (Trojan Drive to Delgado Street) (Construction Contract) 1 2 Vicinity Map 3 Construction Project This motion awards a construction contract to MAX Underground Construction, LLC. for the complete reconstruction of Castenon Street from Trojan Drive to Delgado Street. The existing two-lane roadway will be demolished and rebuilt with asphalt pavement, curb and gutter, sidewalk, driveways, signage, pavement markings, and ADA ramps. In addition to roadway improvements, the project includes enhancements to stormwater, water, wastewater, and gas infrastructure. 4 Project Schedule Projected Schedule reflects City Council award in October 2025 with anticipated completion November 2026. 2021 - 2025 2025 2025 - 2026 February - June June - October November - November Design Bid/Award Construction Resolution amending the City Council Policies to add Policy 28-Award Guidelines for Arterial and Collector Streets with Concrete or Asphalt Pavement specifying concrete pavement will be recommended if construction cost is within $125,000 per lane mile of the asphalt pavement alternative WHEREAS, prior to November 2008, the City would typically design and construct arterial roadways with Hot Mix Asphalt Concrete (HMAC) as it was assumed to be the more affordable pavement alternative; WHEREAS, with the November 2008 Bond Election, the City began to bid certain arterial streets with both HMAC and Portland Cement Concrete (PCC) pavement designs resulting in mixed construction awards for either HMAC or PCC pavement; WHEREAS, in 2013, the City upgraded pavement design standards to a 30-year design life using the Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures. The change in design criteria, combined with market forces, created an environment where PCC became much more competitive with HMAC; WHEREAS, in early 2017, at council request, Engineering Services' staff performed life cycle cost analysis (LCCA) comparing a proposed PCC maintenance plan with the City's existing HMAC maintenance plan. The results of that LCCA validated the belief that PCC offered reduced maintenance costs over HMAC; WHEREAS, Freese and Nichols, Inc. (FNI) was tasked with re-evaluating the LCCA between HMAC and PCC pavements and providing a letter report with recommendations resulting in three cost range options for bid award recommendations. Engineering staff believes FNI's analysis warrants raising the $100,000 per lane mile used in the current staff bid award recommendation policy. WHEREAS, during the September 11, 2018 City Council meeting, Council requested a review of the policy regarding bidding street reconstruction projects in both Hot Mix Asphalt Concrete HMAC) pavement and Portland Cement Concrete (PCC) pavement, staff is recommending the PCC alternate if the PCC bid is within $125,000 per lane mile of the HMAC alternative. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council Policy is amended to add City Council Policy 28 to read as follows: 28.—Award Guidelines for Arterial and Collector Streets with Concrete Pavement or Asphalt Pavement If the construction cost for concrete pavement is within $125,000 per lane mile 17.75/square yard), which should represent the future anticipated maintenance cost, of the asphalt pavement alternative, the concrete pavement alternative will be used by City Council when deciding to award a contract for arterial and collector roadways. This policy will be updated annually. 031813 1 S( ANMFfl AT ST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Jo- omb City Secretary M. Corpus Christi, Texas P of 75 2019 The above resolution was passed by the following vote: Joe McComb 2 Roland Barrera Rudy Garza Jr. Paulette Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith 031913 2 Resolution amending City Council Policy 28 that provides guidelines on whether asphalt pavement (HMAC) or concrete pavement (PCC) should be selected for the construction of arterial and collector streets WHEREAS, the Corpus Christi City Council has requested the Public Works Department reconsider its evaluations for recommending when either asphalt or concrete pavement should be u sed for the design and construction of streets; WHEREAS, streets will continue to be designed and bid with both asphalt and concrete pavement u nless preliminary research by Public Works supports either an asphalt or concrete surface design; WHEREAS, whether a road is classified as a Collector or an Arterial shall be a factor when considering whether a particular surface type is more suitable for the design of a particular street. WHEREAS, the City of Corpus Christi is currently expending funds for engineering design firms to design plans for the bid and construction of City Streets with both concrete and asphalt pavement designs when a street may be more suitable for a particular design; WHEREAS, the FY 2024 policy update includes an emphasis on heavy vehicle traffic (trucks, buses, etc.), constructability, continuity of existing pavement, and the presence of underground utilities for selection of concrete or asphalt pavement; WHEREAS, the Department of Public Works shall use the criteria listed below to determine whether the City Street shall be an asphalt or concrete street; N OW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: S ECTION 1. City Council Policy 28 is amended as follows: 28. — Guidelines for the Selection of Asphalt or Concrete Pavement for Residential, Collector, and Arterial Streets Design and Construction If the street is classified as a Collector, then Asphalt Pavement will be utilized for the design and construction of the street unless the street has a high heavy vehicle volume (trucks, buses, etc.). In the event the street is located in an industrial area and/or an area with a high percentage of average daily heavy vehicle traffic then concrete pavement will be used for the design and construction of the street. If the street is classified as an Arterial then the underground utilities, constructability, continuity and amount of heavy vehicle traffic will be considered in deciding whether concrete or asphalt pavement should be utilized for the design and construction of the street. When large quantities of underground utilities are present under a street and/or a street is located in an area with a high percentage of average daily heavy vehicle traffic, then concrete pavement will be utilized for the design. 1 03336 In the event a street is located in an area where the constructability of concrete pavement would not be feasible because of the requirement of continuous driveway access to facilities/residences then asphalt pavement will be utilized for the design of the street. Further the continuity of the existing pavement type shall be considered in the selection of asphalt or concrete pavement. In the event none of the above factors are determinative then street will be designed and bid with both asphalt and concrete pavement and if the construction cost for concrete pavement is within $125,000.00 per lane mile, which should represent the future anticipated maintenance cost of the asphalt pavement alternative, then the concrete pavement alternative will be used for the construction of the street. PASSED and APPROVED on the tday of 1- Paulette Guajardo, Mayor ATTEST: 2024. Rebecca Huerta, City Secretary 2 AGENDA MEMORANDUM Action Item for the City Council Meeting October 21, 2025 DATE: October 21, 2025 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmonds, Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Robert Dodd, Director of Parks and Recreation robertd4@cctexas.com (361) 826-3133 Sergio Villasana Jr., CPA, CGFO, CIA, Director of Finance & Procurement sergiov2@cctexas.com (361) 826-3227 CAPTION: Resolution awarding a construction contract to Weaver & Jacob Constructors, Inc., of Cuero, Texas for the Commodore Park Improvements project to construct Phase I improvements to include a covered basketball court pavilion, tennis courts, pickleball courts, fenced playground area, concrete walking trail, picnic area, concrete parking lot with golf cart parking, and park lighting in an amount up to $3,448,147.00, located in Council District 4, with FY 2026 funding available from the G.O. Bond 2024. SUMMARY: This resolution awards a construction contract for the improvements of Commodore Park. The scope includes a phased construction of site improvements to include a covered basketball court pavilion, tennis courts, pickleball courts, fenced playground area, bird observation blind, concrete walking trail, picnic area, concrete parking lot with golf cart parking, and park lighting. Construction Contract Award Commodore Park Improvements (Phase I) (Bond 2022/2024) BACKGROUND AND FINDINGS: On November 5, 2024, voters approved the City of Corpus Christi’s Bond 2024 Program for a total of $175 million with thirty-eight projects. The propositions passed on election day include projects for streets, parks and recreation, public safety, and cultural facilities. One of the thirty- eight projects included $5 million for the construction of Commodore Park Improvements. Voters approved an amount of $1 million for design of the Commodore Park Improvement Project with the 2022 Bond program. In June 2024, $400,000 was authorized from TIRZ#2 Fund for design. Commodore Park currently utilizes approximately 1 acre of the 12-acre site located within the Padre Island community. Currently the park has an existing basketball court that will remain. In August 2023, a Commodore Park phased improvement plan has been developed to expand outdoor recreational opportunities and enhance community access based on a comprehensive Engagement Survey. The proposed enhancements aim to fully develop the 12-acre park in alignment with the aesthetic character of the surrounding Whitecap Development, transforming the space into a vibrant destination for families and outdoor enthusiasts. The Phase 1 project scope includes one covered basketball court pavilion, two tennis courts, four pickleball courts, a fenced in shaded playground area with poured-in-place surfacing, a bird observation blind, a concrete walking trail, a designated picnic area, a concrete parking lot with golf cart accommodations, ADA accessibility throughout, park lighting for safety and extended use. Future Phase 2 will be discussed in a future bond program to allocate funding will include a pool house (single story airconditioned building for access to the community pool and gymnasium), a community pool (with ADA access, 5 swim lanes, public restroom, and pump house), a gymnasium (single story air conditioned gym to include indoor basketball court, office space, restrooms, and locker rooms), a community center (an event space area to include catering kitchen concessions, office storage, and restrooms), additional parking, sidewalks, lighting, and site work. PROJECT TIMELINE: 2024 - 2025 2025 2025 - 2026 September – July August – October November – August Design Bid/Award Construction Project schedule reflects award in October 2025 with anticipated completion by August 2026. COMPETITIVE SOLICITATION PROCESS: On August 3, 2025, the Contracts and Procurement Department issued a Request for Bids (RFB #6673) for the Commodore Park Improvements project. On September 3, 2025, the city received bids from four (4) bidders. The total bid package included the Base Bid and two Alternates. Base Bid included: 1 tennis courts, 2 pickleball courts, fenced playground area, bird observation blind, concrete walking trail, picnic area, concrete parking lot with golf cart parking, and park lighting. Alternate 1 included: two additional pickleball courts and one additional tennis court. Alternate 2 included: covered basketball court pavilion. All Base Bids received including the Alternates fell within the projects budget. Following a thorough review in accordance with the contract document, the city determined that Weaver & Jacobs Constructor, Inc. submitted the lowest responsive and responsible bid. A summary of the bids is provided below. BID SUMMARY CONTRACTOR BASE BID ALTERNATE 1 ALTERNATE 2 TOTAL BID Weaver & Jacobs Constructors, Inc. (Corpus Christi, Texas) $2,453,990.00 $327,780.00 $666,377.00 $3,448,147.00 Barcom Construction, Inc. (Corpus Christi, Texas) $2,766,708.00 $413,000.00 $758,000.00 $3,937,708.00 Marshall Company (Corpus Christi, Texas) $2,928,000.00 $552,150.00 $976,360.00 $4,456,510.00 Ten Point Services (Austin, Texas) $3,425,610.50 $1,561,000.00 $596,000.00 $4,986,610.50 Engineer's Opinion of Probable Construction Cost $3,734,884.00 $1,432,000.00 $2,055,500.00 $7,222,384.00 The bid received is well below the architect’s estimate, but staff do not have any concerns awarding the contract to the low bidder. Weaver & Jacobs Constructors, Inc., is a very experienced contractor and is standing by its bid. The tightness of the grouping of the four lowest bids would also indicate that the architect likely overestimated the value of the work. Weaver & Jacobs Constructors, Inc., has more than 23 years of experience in constructing numerous projects. •Corpus Christi Fire Station #3 – Corpus Christi, TX $10,292,417.00; Completion Date: 5/28/2025 – A new 17,607 square foot facility with complete living quarters, with four pull through apparatus bays, weight room, office, training mezzanine, support spaces, and community room for public events and meetings •GPISD Early Childhood Center – Gregory Portland, TX - $48,322,253.00; Completion Date: 4/17/2024 – A 105,000 square foot building with 18 classrooms, kitchen, cafeteria, multipurpose rooms, offices, mechanical equipment facility, and a 38,000 sq ft. courtyard space with outdoor amphitheater style seating, and synthetic turf and playground equipment. •London ISD Early Childhood Center – Corpus Christi, TX - $13,385,396.00; Completion Date: 7/07/2025 – a new 30,000 square foot school with 12 classrooms, lounge, media center, gym, cafeteria, administrative spaces, playground, and a playground pavilion •London ISD Phase 1 Projects – Corpus Christi, TX - $32,915,725.00; Completion Date: ALTERNATIVES: The alternative is not to award the construction contract to the lowest responsive and responsible bidder, Weaver & Jacobs Constructors, Inc. This would delay the new improvements to the Commodore Park. FISCAL IMPACT: The fiscal impact in FY2026 is an amount of $3,448,147.00 with funds available from G.O. Bond 2024. The approved CIP project page is included in the package. The remaining project savings will be utilized for the Commodore Park Phase 2 design. Funding Detail: Fund: Parks & Rec 2024 GO Bd Prop B (Fund 3301) Department: Parks & Rec (27) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 23173 Amount $3,448,147.00 RECOMMENDATION: Staff recommend awarding a construction contract for the Commodore Park Improvements to Catamount Constructors, Inc. in an amount not to exceed $3,448,147.00 with anticipated completion by August 2026. LIST OF SUPPORTING DOCUMENTS: Resolution Location & Vicinity Maps Bid Tab CIP Page Presentation 7/22/2024 - The construction of a new football field and track, concession and restroom facilities at the stadium. Expansion of the elementary school with new classroom wings, new multipurpose gym, a new science lab wing, modern kitchen, and cafeteria at the high school. •CCISD Adkins & Driscoll Middle School Gym Additions – Corpus Christi, TX - $10,575,000.00; Completion Date: Ongoing - Adkins Gym: A new facility with bleachers, new ticket booth, exterior includes bricks to match existing schools. Driscoll Gym include a new concession stand, a new ticket booth, and a renovated weight room. Resolution awarding a construction contract to Weaver & Jacob Constructors, Inc., of Cuero, Texas, for the Commodore Park Improvements project to construct Phase I improvements to include a covered basketball court pavilion, tennis courts, pickleball courts, fenced playground area, concrete walking trail, picnic area, concrete parking lot with golf cart parking, and park lighting in an amount up to $3,448,147.00, located in Council District 4, with FY 2026 funding available from the G.O. Bond 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager or designee is authorized to execute a construction contract with Weaver & Jacob Constructors, Inc. for the Commodore Park Improvement Project in the amount of $3,448,147. PASSED and APPROVED on the _____ day of ________________, 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A1 MOBILIZATION LS 1 52,657.00$ 52,657.00$ 110,000.00$ 110,000.00$ 70,000.00$ 70,000.00$ 160,000.00$ 160,000.00$ A2 STORM WATER POLLUTION PREVENTION LS 1 45,000.00$ 45,000.00$ 40,000.00$ 40,000.00$ 21,400.00$ 21,400.00$ 3,500.00$ 3,500.00$ A3 GENERAL SITE CONDITIONS LS 1 275,000.00$ 275,000.00$ 85,000.00$ 85,000.00$ 195,000.00$ 195,000.00$ 34,000.00$ 34,000.00$ A4 TEMPORARY FACILITIES LS 1 65,000.00$ 65,000.00$ 60,000.00$ 60,000.00$ 190,000.00$ 190,000.00$ 15,000.00$ 15,000.00$ A5 BONDS AND INSURANCE LS 1 50,000.00$ 50,000.00$ 35,625.00$ 35,625.00$ 55,000.00$ 55,000.00$ 64,000.00$ 64,000.00$ 487,657.00$ 330,625.00$ 531,400.00$ 276,500.00$ B1 DEMOLITION LS 1 -$ -$ 2,226.00$ 2,226.00$ 5,000.00$ 5,000.00$ 50,000.00$ 50,000.00$ -$ 2,226.00$ 5,000.00$ 50,000.00$ C1 CONCRETE FORMWORK LS 1 50,000.00$ 50,000.00$ 25,000.00$ 25,000.00$ 41,000.00$ 41,000.00$ 10,000.00$ 10,000.00$ C2 CONCRETE FORMS LS 1 20,000.00$ 20,000.00$ 19,593.00$ 19,593.00$ 49,000.00$ 49,000.00$ 24,000.00$ 24,000.00$ C3 CONCRETE REINFORCEMENT LS 1 85,000.00$ 85,000.00$ 34,347.00$ 34,347.00$ 60,000.00$ 60,000.00$ 12,000.00$ 12,000.00$ C4 REINFORCING STEEL LS 1 100,000.00$ 100,000.00$ 55,000.00$ 55,000.00$ 30,000.00$ 30,000.00$ 75,000.00$ 75,000.00$ C5 CAST-IN-PLACE CONCRETE LS 1 265,800.00$ 265,800.00$ 83,338.00$ 83,338.00$ 100,300.00$ 100,300.00$ 30,000.00$ 30,000.00$ C6 EPOXY RELATED WORK LS 1 -$ -$ -$ -$ -$ -$ 5,000.00$ 5,000.00$ C7 CONCRETE STRUCTURES LS 1 15,000.00$ 15,000.00$ -$ -$ -$ -$ 45,000.00$ 45,000.00$ C8 CONCRETE FINISHING LS 1 50,000.00$ 50,000.00$ 36,252.00$ 36,252.00$ 29,000.00$ 29,000.00$ 15,000.00$ 15,000.00$ C9 CONCRETE CURING LS 1 10,000.00$ 10,000.00$ 10,119.00$ 10,119.00$ 12,000.00$ 12,000.00$ 10,000.00$ 10,000.00$ 595,800.00$ 263,649.00$ 321,300.00$ 226,000.00$ D1 METAL FABRICATIONS LS 1 3,500.00$ 3,500.00$ -$ -$ 8,800.00$ 8,800.00$ 50,000.00$ 50,000.00$ D2 PIPE AND TUBE RAILINGS LS 1 3,605.00$ 3,605.00$ 4,750.00$ 4,750.00$ 8,400.00$ 8,400.00$ 75,000.00$ 75,000.00$ 7,105.00$ 4,750.00$ 17,200.00$ 125,000.00$ E1 ROUGH CARPENTRY LS 1 32,500.00$ 32,500.00$ 12,486.00$ 12,486.00$ 28,200.00$ 28,200.00$ 23,500.00$ 23,500.00$ E2 WOOD DECKING LS 1 11,259.00$ 11,259.00$ 6,293.00$ 6,293.00$ 5,400.00$ 5,400.00$ 15,870.00$ 15,870.00$ 43,759.00$ 18,779.00$ 33,600.00$ 39,370.00$ DESIGN ARCHITECT: Turner Ramirez Architects BID DATE: Wednesday, September 3, 2025 Marshall Company Ten Point Services 496 Whispering Wind Way Austin, Texas 78737 Part A - GENERAL Part D - METALS PROJECT NO. 23173 - Commodore Park Improvements - Phase 1 437 Opportunity Drive 1146 Heinshn Rd. BASE BID Corpus Christi, Texas 78405 Corpus Christi, Texas 78406 500 North Shoreline Blvd, STE 901 Corpus Christi, Texas 78401 SUBTOTAL PART A - GENERAL (Items A1 thru A5) Part B - EXISTING CONDITIONS SUBTOTAL PART B - EXISTING CONDITIONS (Item B1) Part C - CONCRETE SUBTOTAL PART C - CONCRETE (Items C1 thru C9) SUBTOTAL PART D - METALS (Items D1 thru D2) TABULATION OF BIDS PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS SUBTOTAL PART E - WOOD, PLASTIC, AND COMPOSITES (Items E1 thru E2) Part E - WOOD, PLASTIC, AND COMPOSITES RFB 6673 Weaver & Jacobs Constructors, Inc. Barcom Construction, Inc. TABULATED BY: Jay Porterfield, AIA Page 1 of 4 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT DESIGN ARCHITECT: Turner Ramirez Architects BID DATE: Wednesday, September 3, 2025 Marshall Company Ten Point Services 496 Whispering Wind Way Austin, Texas 78737 Part A - GENERAL PROJECT NO. 23173 - Commodore Park Improvements - Phase 1 437 Opportunity Drive 1146 Heinshn Rd. BASE BID Corpus Christi, Texas 78405 Corpus Christi, Texas 78406 500 North Shoreline Blvd, STE 901 Corpus Christi, Texas 78401 TABULATION OF BIDS PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS RFB 6673 Weaver & Jacobs Constructors, Inc. Barcom Construction, Inc. TABULATED BY: Jay Porterfield, AIA F1 SELF-ADHEREING SHEET WATERPROOFING LS 1 4,200.00$ 4,200.00$ 890.00$ 890.00$ 6,300.00$ 6,300.00$ 12,000.00$ 12,000.00$ F2 FLUID APPLIED AIR BARRIER LS 1 4,000.00$ 4,000.00$ 890.00$ 890.00$ 6,000.00$ 6,000.00$ 3,400.00$ 3,400.00$ F3 STANDING-SEAM METAL ROOF PANELS LS 1 30,000.00$ 30,000.00$ 5,937.00$ 5,937.00$ 11,500.00$ 11,500.00$ 35,000.00$ 35,000.00$ F4 FIBER-CEMENT SIDING AND TRIM LS 1 11,511.00$ 11,511.00$ 6,887.00$ 6,887.00$ 16,500.00$ 16,500.00$ 5,540.00$ 5,540.00$ F5 SHEET METAL FLASHING AND TRIM LS 1 5,300.00$ 5,300.00$ 1,782.00$ 1,782.00$ 6,700.00$ 6,700.00$ 4,500.00$ 4,500.00$ F6 JOINT SEALANTS LS 1 6,800.00$ 6,800.00$ 593.00$ 593.00$ 24,300.00$ 24,300.00$ 2,300.00$ 2,300.00$ 61,811.00$ 16,979.00$ 71,300.00$ 62,740.00$ G1 PAINTING LS 1 2,530.00$ 2,530.00$ 7,718.00$ 7,718.00$ 4,000.00$ 4,000.00$ 17,500.00$ 17,500.00$ G2 HIGH-PERFORMANCE COATINGS LS 1 4,250.00$ 4,250.00$ 2,375.00$ 2,375.00$ 5,300.00$ 5,300.00$ 22,345.00$ 22,345.00$ 6,780.00$ 10,093.00$ 9,300.00$ 39,845.00$ H1 ATHLETIC FIELD EQUIPMENT LS 1 -$ -$ 505,000.00$ 505,000.00$ 430,500.00$ 430,500.00$ 165,000.00$ 165,000.00$ -$ 505,000.00$ 430,500.00$ 165,000.00$ I1 ELECTRICAL WIRE AND CABLE LS 1 -$ -$ -$ -$ -$ -$ 105,000.00$ 105,000.00$ I2 RACEWAYS LS 1 38,759.00$ 38,759.00$ 34,793.00$ 34,793.00$ 35,000.00$ 35,000.00$ 17,320.00$ 17,320.00$ I3 ELECTRICAL GEAR LS 1 -$ -$ -$ -$ -$ -$ 38,450.00$ 38,450.00$ I4 LUMINAIRES LS 1 -$ -$ -$ -$ -$ -$ 45,452.00$ 45,452.00$ 38,759.00$ 34,793.00$ 35,000.00$ 206,222.00$ J1 CLEARING AND GRUBBING LS 1 50,000.00$ 50,000.00$ 78,000.00$ 78,000.00$ 108,800.00$ 108,800.00$ 20,000.00$ 20,000.00$ J2 SITE GRADING LS 1 85,000.00$ 85,000.00$ 67,088.00$ 67,088.00$ 62,150.00$ 62,150.00$ 25,000.00$ 25,000.00$ J3 ROADWAY SUBGRADE SHAPING LS 1 30,000.00$ 30,000.00$ 67,088.00$ 67,088.00$ 56,500.00$ 56,500.00$ 110,250.00$ 110,250.00$ J4 CHANNEL SHAPING LS 1 -$ -$ -$ -$ -$ -$ 65,000.00$ 65,000.00$ J5 TRENCHING LS 1 -$ -$ -$ -$ -$ -$ 63,500.00$ 63,500.00$ J6 EMBANKMENT LS 1 58,919.00$ 58,919.00$ -$ -$ 12,000.00$ 12,000.00$ 87,650.00$ 87,650.00$ J7 TERMITE CONTROL LS 1 2,000.00$ 2,000.00$ 1,781.00$ 1,781.00$ 700.00$ 700.00$ 3,500.00$ 3,500.00$ 225,919.00$ 213,957.00$ 240,150.00$ 374,900.00$ SUBTOTAL PART J - EARTHWORK (Items J1 thru J7) SUBTOTAL PART I - ELECTRICAL (Items I1 thru I4) Part J - EARTHWORK Part I - ELECTRICAL SUBTOTAL PART H - EQUIPMENT (Item H1) SUBTOTAL PART G - FINISHES (Items G1 thru G2) Part H - EQUIPMENT Part G - FINISHES SUBTOTAL PART F - THERMAL AND MOISTURE PROTECTION (Items F1 thru F6) Part F - THERMAL AND MOISTURE PROTECTION Page 2 of 4 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT DESIGN ARCHITECT: Turner Ramirez Architects BID DATE: Wednesday, September 3, 2025 Marshall Company Ten Point Services 496 Whispering Wind Way Austin, Texas 78737 Part A - GENERAL PROJECT NO. 23173 - Commodore Park Improvements - Phase 1 437 Opportunity Drive 1146 Heinshn Rd. BASE BID Corpus Christi, Texas 78405 Corpus Christi, Texas 78406 500 North Shoreline Blvd, STE 901 Corpus Christi, Texas 78401 TABULATION OF BIDS PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS RFB 6673 Weaver & Jacobs Constructors, Inc. Barcom Construction, Inc. TABULATED BY: Jay Porterfield, AIA K1 SUBGRADE AND BASE COURSE LS 1 -$ -$ 67,088.00$ 67,088.00$ 59,000.00$ 59,000.00$ 19,600.00$ 19,600.00$ K2 LIME TREATED SUBGRADE LS 1 -$ -$ -$ -$ -$ -$ 33,075.00$ 33,075.00$ K3 CEMENT TREATED SUBGRADES LS 1 -$ -$ 20,000.00$ 20,000.00$ -$ -$ 58,187.50$ 58,187.50$ K4 FLEXIBLE BASE COURSE LS 1 -$ -$ -$ -$ -$ -$ 48,510.00$ 48,510.00$ K5 PRIME COAT LS 1 -$ -$ -$ -$ 300.00$ 300.00$ 1,700.00$ 1,700.00$ K6 PAINT-MIX ASPHALT PAVING LS 1 -$ -$ -$ -$ 5,000.00$ 5,000.00$ 172,521.00$ 172,521.00$ K7 CONCRETE PAVING LS 1 150,000.00$ 150,000.00$ 300,500.00$ 300,500.00$ 131,450.00$ 131,450.00$ 453,250.00$ 453,250.00$ K8 CURB AND GUTTER LS 1 -$ -$ 15,225.00$ 15,225.00$ 16,800.00$ 16,800.00$ 48,000.00$ 48,000.00$ K9 SIDEWALKS LS 1 -$ -$ 208,050.00$ 208,050.00$ 195,000.00$ 195,000.00$ 367,300.00$ 367,300.00$ K10 DRIVEWAYS LS 1 -$ -$ 10,687.00$ 10,687.00$ 11,500.00$ 11,500.00$ 23,450.00$ 23,450.00$ K11 PAINTED PAVEMENT MARKINGS LS 1 8,500.00$ 8,500.00$ 11,210.00$ 11,210.00$ 14,200.00$ 14,200.00$ 7,450.00$ 7,450.00$ K12 PLAYGROUND PROTECTIVE SURFACING LS 1 370,000.00$ 370,000.00$ 178,125.00$ 178,125.00$ 138,000.00$ 138,000.00$ 55,900.00$ 55,900.00$ K13 ACRYLIC TENNIS & RECREATIONAL SPORTS SURFACES LS 1 36,000.00$ 36,000.00$ 73,910.00$ 73,910.00$ 110,000.00$ 110,000.00$ 65,900.00$ 65,900.00$ K14 CHAINLINK FENCES & GATES LS 1 85,000.00$ 85,000.00$ 87,003.00$ 87,003.00$ 103,000.00$ 103,000.00$ 87,000.00$ 87,000.00$ K15 SEEDING LS 1 98,000.00$ 98,000.00$ 23,750.00$ 23,750.00$ 100,000.00$ 100,000.00$ 45,000.00$ 45,000.00$ K16 TRUCKING AND WATERING WITH TYPE 1 EFFLUENT LS 1 -$ -$ 77,187.00$ 77,187.00$ 40,000.00$ 40,000.00$ 55,000.00$ 55,000.00$ 747,500.00$ 1,072,735.00$ 924,250.00$ 1,541,843.50$ L1 EXCAVATION AND BACKFILL FOR UTILITIES LS 1 13,000.00$ 13,000.00$ 42,916.00$ 42,916.00$ 42,000.00$ 42,000.00$ 15,950.00$ 15,950.00$ L2 STORMWATER GRAVITY PIPING LS 1 18,000.00$ 18,000.00$ 25,103.00$ 25,103.00$ 38,000.00$ 38,000.00$ 85,140.00$ 85,140.00$ L3 STORMWATER STRUCTURES LS 1 7,900.00$ 7,900.00$ 25,103.00$ 25,103.00$ 29,000.00$ 29,000.00$ 17,100.00$ 17,100.00$ 38,900.00$ 93,122.00$ 109,000.00$ 118,190.00$ M1 UNFORESEEN CONDITIONS DURING CONSTRUCTION AL 1 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ 200,000.00$ N1 TWO (2) ADDITIONAL PICKLEBALL & ONE (1) TENNIS COURT LS 1 327,780.00$ 327,780.00$ 413,000.00$ 413,000.00$ 552,150.00$ 552,150.00$ 596,000.00$ 596,000.00$ 327,780.00$ 413,000.00$ 552,150.00$ 596,000.00$ SUBTOTAL PART N - ALTERNATE NO. 1 (Item N1) SUBTOTAL PART M - ALLOWANCES (Item M1) Part N - ALTERNATE NO. 1 SUBTOTAL PART L - SITE UTILITIES (Items L1 thru L3) Part M - ALLOWANCES SUBTOTAL PART K - EXTERIOR IMPROVEMENTS (Items K1 thru K16) Part L - SITE UTILITIES Part K - EXTERIOR IMPROVEMENTS 3,425,610.50$ 2,928,000.00$ TOTAL BASE BID 2,453,990.00$ 2,766,708.00$ Page 3 of 4 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT DESIGN ARCHITECT: Turner Ramirez Architects BID DATE: Wednesday, September 3, 2025 Marshall Company Ten Point Services 496 Whispering Wind Way Austin, Texas 78737 Part A - GENERAL PROJECT NO. 23173 - Commodore Park Improvements - Phase 1 437 Opportunity Drive 1146 Heinshn Rd. BASE BID Corpus Christi, Texas 78405 Corpus Christi, Texas 78406 500 North Shoreline Blvd, STE 901 Corpus Christi, Texas 78401 TABULATION OF BIDS PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS RFB 6673 Weaver & Jacobs Constructors, Inc. Barcom Construction, Inc. TABULATED BY: Jay Porterfield, AIA O1 COVERED BASKETBALL COURT LS 1 666,377.00$ 666,377.00$ 758,000.00$ 758,000.00$ 976,360.00$ 976,360.00$ 965,000.00$ 965,000.00$ 666,377.00$ 758,000.00$ 976,360.00$ 965,000.00$ **** Notes regarding any bidder deemed Non-Responsive or Non-Responsible***** GRAND TOTAL WITH ALTERNATES 3,448,147.00$ 3,937,708.00$ 4,456,510.00$ 4,986,610.50$ SUBTOTAL PART O - ALTERNATE NO. 2 (Item O1) TOTAL ALTERNATES 994,157.00$ 1,171,000.00$ 1,528,510.00$ 1,561,000.00$ Part O - ALTERNATE NO. 2 Page 4 of 4 96 COMMODORE PARK IMPROVEMENTS PHASE 1 Council Presentation October 21, 2025 Commodore Park Improvements (Phase I)(Bond 2022/2024) 1 2 Project Vicinity 3 Phase 1 4 Project Scope Scope of Work includes: •Covered Basketball Court Pavilion •Two Tennis Courts •Four Pickle Ball Courts •Fenced in Playground Area •Bird Observation Blind •Picnic Area •Concrete Walking Trails •Concrete Parking Lot with Golf Cart Parking •Park Lighting 5 Aerial Plan 6 Pavilion 7 Playground Structure 8 Project Schedule The projected schedule reflects City Council award in October 2025 with anticipated completion by August 2026. 2024-2025 2025 2025-2026 September - July August – October November – August Design Bid/Award Construction 9 QUESTIONS? AGENDA MEMORANDUM Action Item for the City Council Meeting October 21, 2025 DATE: October 21, 2025 TO: Peter Zanoni, City Manager FROM: Peter Collins, Director of Information Technology Peterc@cctexas.com 361-826-3735 CAPTION: Resolution authorizing execution of Interlocal Agreements for participation in the Coastal Bend Public Safety Radio System. SUMMARY: The resolution authorizes the City Manager or his designee, the Director of Information Technology, to execute Interlocal Agreements for participation in the Coastal Bend Public Safety Radio System (“Radio System”). These Interlocals allow agencies to access and utilize the Radio System for their operational needs, improving interoperability among public safety agencies in the region. BACKGROUND AND FINDINGS: The City of Corpus Christi (“City”) is the regional core controller and administrator enabling the interoperability for the Coastal Bend Radio Coalition (“Coalition”). The Coalition operates the Radio System to provide radio coverage and interoperability among the public safety agencies and entities operating in the Coastal Bend Region. The Radio System provides seamless communication through Nueces County, San Patricio County, Brooks County, Port Aransas County, Live Oak County, Goliad County, and a cross connection to the Lower Colorado River Authority (“LCRA”), which provides coverage from Northwest Austin to Galveston and through the Hill Country. Over the last three years, the entire radio system has been upgraded from EDACS to P25, and all equipment used to manage this system has been replaced and upgraded which requires updates to the existing interlocals. The Radio System significantly enhances emergency situations, such as hurricane evacuations, when multiple jurisdictions can communicate across counties or even the state. RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENTS FOR PARTICIPATION IN THE COASTAL BEND PUBLIC SAFETY RADIO SYSTEM The Interlocal Agreements specify that each entity will remit quarterly payments for its usage on the Radio System. We expect to enter into new and renewed Interlocal agreements with at least 30 agencies, with an expected radio count of over 1,000. These numbers are not inclusive of the radios used today throughout the City of Corpus Christi. We are updating and renewing the interlocal agreement for entities that already participate in the radio system for: •Bishop Consolidated Independent School District – Police Department •City of Bishop – Police Department •Calallen Independent School Districut – Police Department •Nueces County Emergency Service District 1 •Nueces County Emergency Service District 2 •Bishop Consolidated Independent School District – Police Department •City of Bishop – Police Department •Calallen Independent School District – Police Department •Corpus Christi Independence School District – Police Department •Nueces County Emergency Services District 1 •Nueces County Emergency Services District 2 •Nueces County Emergency Services District 3 •Nueces County Emergency Services District 4 •Nueces Jim Wells County Emergency Services District #5 •Nueces County Emergency Services District 6 •Flour Bluff Independent School District – Police Department •Texas A & M University Corpus Christi – Autonomy Research Institute •Port of Corpus Christi Authority of Nueces County, Texas •City of Robstown – Emergency Medical Services •City of Robstown – Fire Department •Robstown Independent School District – Police Department •City of Robstown - Police Department •Texas Department of Public Safety Currently, these entities are testing our system and will be entering into an interlocal: •Department of Homeland Security •Texas Attorney General •Federal Bureau of Investigation •Lower Colorado River Authority •United States Marshall •Bureau of Alcohol, Tobacco, Firearms ALTERNATIVES: The Council may choose not to approve the staff request. FISCAL IMPACT: The City of Corpus Christi will receive $270,180 in annual revenue from these interlocal agreements. Revenue will increase as new Interlocals are executed. Funding Detail: N/A Fund: 5210 – Information Technology Organization/Activity: 40400 – IT Administration Department: 23 – Information Technology Project # (CIP Only): Account: NA RECOMMENDATION: Staff recommends approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A – Sample Interlocal Agreement Exhibit B – List of Local Outside Agencies Exhibit C – Lise of Outside Agencies RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENTS FOR PARTICIPATION IN THE COASTAL BEND PUBLIC SAFETY RADIO SYSTEM WHEREAS, the Coastal Bend Public Safety Radio Coalition (the “Coalition”) consists of the following members: Brooks County, City of Corpus Christi, City of Kingsville, City of Port Aransas, City of Portland, and San Patricio County; WHEREAS, the Coalition operates the Coastal Bend Public Safety Radio System (“Radio System”) to provide uniform voice radio coverage and interoperability among the public safety agencies and entities operating in the Coastal Bend Region of the State of Texas (“Coastal Bend Region”); WHEREAS, the City of Corpus Christi (“City”) is the regional core controller and administrator enabling the interoperability for the Coalition; WHEREAS, several identified entities have expressed interest in participating in the Coastal Bend Public Safety Radio System; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas that: Section 1. The City Manager or his designee, the Director of Information Technology, is authorized to execute the Interlocal Radio System Agreement for Participation in the Coastal Bend Regional Interoperability Network, in substantially the form attached as Exhibit A to this Resolution, with each outside agency listed on Exhibit B and each local outside agency listed on Exhibit C, and with any additional future agencies approved by the Director of Information Technology. The City Manager or his designee, the Director of Information Technology, is authorized to approve non-substantive changes to the form agreement. A copy of each fully executed agreement will be filed of record with the City Secretary’s office. PASSED AND APPROVED on the _____ day of __________________, 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Exhibit A Page 1 of 9 INTERLOCAL RADIO SYSTEM AGREEMENT FOR PARTICIPATION IN THE COASTAL BEND REGIONAL INTEROPERABILITY NETWORK This Interlocal Radio System Agreement (“Agreement”) for radio system participation in the Coastal Bend Regional Interoperability Network (“CBRIN”) is made by and between the City of Corpus Christi, a Texas home-rule municipal corporation, and INSERT ENTITY’S NAME (“AGENCY”). RECITALS WHEREAS, the City of Corpus Christi (“City”) administrates the CBRIN, which provides reliable daily operational and interoperability radio communication systems (“Radio System”) for qualified law enforcement and public safety departments, agencies, and offices; WHEREAS, AGENCY operates in the Coastal Bend Region, providing public safety services to the residents and businesses of this region; and WHEREAS, as a qualified law enforcement and public safety entity, AGENCY is eligible and desires to become an outside local agency (“Outside Local Agency”) of the CBRIN. AGREEMENT The purpose of this Agreement is to perform a governmental function, pursuant to the Interlocal Cooperation Act; to express the means, manner, and method for AGENCY to participate as an Outside Local Agency; and to be provided access to the CBRIN pursuant to the terms and conditions stated. A qualified “Outside Local Agency” is defined for the purposes of this Agreement as any political subdivision of the State of Texas, or a department, agency, or office of the same, having a public safety and law enforcement purpose. Both the City and AGENCY are authorized, pursuant to Texas Government Code, Ch. 791, to enter into an interlocal cooperation agreement for the purposes stated in this Agreement. NOW, THEREFORE, City and AGENCY agree to the following terms and conditions: 1.TERM. 1.1. Initial Term. This Agreement commences October 1, 2025, as the AGENCY currently has access to the CBRIN. This Agreement continues in force through the close of business on September 30, 2026. 1.2. Automatic Renewal. This Agreement automatically renews on October 1, 2026, for a term of one year and automatically renews thereafter for successive one-year periods (the initial and renewal periods each referred to as the “Term”), unless either party terminates this Agreement pursuant to Section 8, Suspension and Termination. Exhibit A Page 2 of 9 2.AGENCY’S DUTIES & RESPONSIBILITIES. 2.1. Access Authorization. AGENCY is authorized to access and use only the type and quantity of public safety radio equipment (“Radio Equipment”) detailed in Attachment A as an Outside Local Agency of the Radio System. Attachment A, entitled “Radio Equipment and Rate Schedule”, is attached to this Agreement, made a part of this Agreement, and its content is incorporated by reference as if fully set out here in its entirety. 2.2. Annual Payment Calculation. On or before August 1 of each year, the City, acting by and through its Radio System Manager, as named by the City’s City Manager or his/her designee, shall calculate the amount due from AGENCY in advance for the term (October 1 to the following September 30), such amount being based upon the then-current number of Radio Equipment devices listed in Attachment A. Prior to the beginning of each Term, the City and AGENCY shall update Attachment A with the then-current number of AGENCY’S Radio Equipment utilizing the Radio System. AGENCY shall remit payment in accordance with Section 3 of the Agreement and Attachment A. 2.3. Purchase of Radio Equipment. AGENCY shall purchase and provide for its sole use its own radio equipment to be used on the Radio System. Radio Equipment, for the purposes of this Agreement, includes, but is not limited to, the portable radios, mobile radios, control station radios, radio consoles, and any other qualified devices operated by AGENCY as part of the Radio System. Radio Equipment must be approved in advance by the City’s Radio System Manager to ensure the Radio Equipment purchased for use by AGENCY for the Radio System is technically compatible with the current technology in use on the Radio System. Approval in advance of placing the Radio Equipment in use must be obtained from the Radio System Manager via email, and such responsive email is deemed sufficient to memorialize approval or disapproval. 2.4. AGENCY’S Personnel Training. AGENCY shall ensure that the persons it authorizes to use its Radio Equipment have been trained prior to use and receive recurrent training as may be needed in the proper etiquette, interoperability, and use of public safety two-way radio communications. 2.5. Compliance with Standard Operating Conditions and FCC. AGENCY shall use the Radio System in compliance with all applicable Federal Communications Commission (“FCC”) regulations and rules. 2.6. Programming of Radio Equipment. AGENCY shall ensure that the City’s Radio System Manager performs the necessary programming of its Radio Equipment before each piece of equipment is put into use initially or as a replacement for existing equipment. 2.7. FCC Violations. If the City is notified that there is an actual or alleged violation of any FCC rule or regulation as a result of any Radio Equipment operated by AGENCY, the same will be brought to the attention of AGENCY in writing, and each such actual or alleged violation must be remedied or resolved within the time provided. If any actual or alleged violation has not been remedied nor resolved as provided and a fine or penalty is imposed against the City for AGENCY’S action and/or activities, AGENCY shall reimburse the City within 30 days for all costs, fines, and penalties incurred by the City and arising from the violation as a result of being charged with the AGENCY’s violation, subject to AGENCY’S sufficient appropriation. Exhibit A Page 3 of 9 2.8. Radio System Improvements Point of Contact. AGENCY shall use the e-mail address of radioagencies@cctexas.com as its primary point of contact for requests for Radio System improvements and related matters. AGENCY shall endeavor to reference “Radio System Improvements” in the subject line to ensure the communication is directed to the correct person. 2.9. Operations Point of Contact. When addressing problems and/or seeking answers to operations questions pertaining to the Radio System, AGENCY shall use the email address of radioagencies@cctexas.com as its primary point of contact. AGENCY shall endeavor to reference “Radio System Operational Matter” in the subject line to ensure the communication is directed to the correct person. The Radio System Manager shall work in good faith with AGENCY to help resolve any issues or problems and provide answers. 2.10. Compliance with Laws. AGENCY shall comply with all applicable laws, rules, and regulations in the operation of its Radio Equipment and in the performance of this Agreement. 3.CITY’S DUTIES & RESPONSIBILITIES. 3.1. Rates. The City, acting by and through its Radio System Manager, with the approval of the City’s City Manager, shall set the initial rates on Attachment A, and the City shall follow the same process when providing the AGENCY with new and/or continuing Radio Equipment rates during the Term of this Agreement. The City shall provide AGENCY with advance notice by email or mail of any change in rates prior to the beginning of the renewal Term of this Agreement, pursuant to Section 2. 3.2. Quarterly Invoices. The City shall invoice AGENCY in advance for the amount due for each quarter of the Term of this Agreement based upon the number and type of Radio Equipment authorized in Attachment A at the rates stated in Attachment A. The invoice sent to AGENCY must include a current copy of Attachment A, the quarter period of time covered by the invoice, the per-unit amount to be paid, the quarterly dollar amount, and the total annual dollar amount to be paid. The invoice may be mailed or emailed to AGENCY at the address(es) listed on Attachment A. Although invoiced quarterly, AGENCY may at any time choose to pay the full annual amount at one time. In the event additional Radio Equipment is added to Attachment A during the Term and following remittance by AGENCY of the full annual amount, a separate invoice will be issued prior to the next upcoming quarter of the Term for the additional amount due and a revised Attachment A issued accordingly. 3.3. Payment. AGENCY shall pay each invoice within 30 days of the issuance date shown on the invoice, in accordance with the provisions of Chapter 2251 of the Texas Government Code (“Prompt Payment Act”). Payment must be mailed by AGENCY to the address shown for the City on Attachment A so that it is timely received on or before the date due. AGENCY must include the invoice number for correct application of the payment. 3.4. Notice of Limitations. The City shall provide AGENCY’s point of contact via email, mail, or voice radio communication of any limitations and/or restraints encountered or imposed upon City for use of the Radio System by AGENCY as soon as feasibly possible. 3.5. Notice of Violation. The City shall notify AGENCY if the City or Agency becomes aware of any actual or alleged violation of any FCC regulation or rule as a result of the use of any Radio Equipment operated by AGENCY. Exhibit A Page 4 of 9 3.6. Amendment Requests. The City shall not unreasonably withhold approval of a request to amend this Agreement to add additional Radio Equipment by AGENCY. 3.7. Improvement Requests. The City shall assist AGENCY in relation to any reasonable requests for Radio System improvements and/or pertaining to the AGENCY’s relationship with the City’s management and administration of the Radio System as the core CBRIN controller/operator/administrator. 3.8. Compliance with Laws. City shall administer the CBRIN in compliance with all applicable laws, rules, and regulations and in accordance with the terms of this Agreement. 4. LIABILITY. The City, it officers, officials, and employees, are not liable to AGENCY, who, by execution of this Agreement and participation as an Outside Local Agency on the Radio System and as a user of the CBRIN, assumes all risks pertaining to any claims, damages, or attorneys’ fees of any kind for injury or the death of any person and/or for damages to or loss of personal or real property arising as a result of, in whole or in part, directly or indirectly, the operations and activities of AGENCY engaged in or taken pursuant to this Agreement. 5. RETENTION AND ACCESSIBILITY OF RECORDS. AGENCY shall maintain all records and documentation for all Radio Equipment used on the Radio System, in compliance with applicable records retention schedules promulgated by the State of Texas. Upon receipt of a written request, AGENCY shall make Radio Equipment records available to the City in a timely manner. 6. LIMIT ON REPRESENTATIVES & AGENTS. No official, employee, representative, or agent of the City has the authority to amend or assign this Agreement or to waive violations of it with the exception of the City Manager and the Radio System Manager, unless expressly granted specific authority to do so by the City’s City Council. No official, employee, representative, or agent of the AGENCY has the authority to amend this Agreement or to waive violations of it unless expressly granted specific authority to do so by law or by the AGENCY’s governing body. 7. BREACH. The failure of either party to comply with the terms and conditions of this Agreement constitutes a breach of this Agreement. Should either the City or AGENCY become aware that there may be grounds that a breach of this Agreement is occurring or has occurred, the respective party must notify the other party in writing of the grounds for the breach in accordance with Section 11, Notices. 8. SUSPENSION AND TERMINATION. 8.1 Suspension or Termination. AGENCY’S authorized user status, pursuant to this Agreement, is subject to the immediate suspension or termination of this Agreement for any of the following reasons: 8.1.1 AGENCY fails to correct or to cease and desist any violation(s) of applicable FCC regulations or rules, or of any alleged violation(s) of any other applicable rule or regulation to which AGENCY must adhere, and for which AGENCY has been informed pursuant to this Agreement; 8.1.2 AGENCY has failed to comply with any term or condition of this Agreement; or Exhibit A Page 5 of 9 8.1.3 AGENCY is unable to conform to changes required by federal, State, or local laws, regulations, or rules pertaining to AGENCY’S performance under this Agreement. 8.2 City’s Suspension or Termination Procedure. The City must provide AGENCY with written notice in advance of any action to be taken to suspend or terminate AGENCY’S participation under this Agreement. Such advance notice must include a statement of the grounds supporting a suspension or termination and the effective date of such suspension or termination. In the event of a suspension, AGENCY may resume use of the Radio System once AGENCY has provided satisfactory documentation to the City that the grounds which led to the suspension have been corrected and no longer exist, and AGENCY has received a return communication by email or mail confirming the same from the Radio System Manager. 8.3 AGENCY’S Termination. AGENCY may terminate this Agreement for any of the following reasons: 8.3.1 The City has failed to comply with any term or condition of this Agreement; 8.3.2 The City is unable to conform to changes required by federal, State, or local laws, regulations, or rules pertaining to its performance under this Agreement; 8.3.3 The City has failed to appropriate sufficient funds to continue its participation in the Radio System; or 8.3.4 AGENCY has failed to appropriate sufficient funds to pay the amounts due under this Agreement following the initial quarter of the initial Term. 8.4 AGENCY’S Termination Procedure. At least 90 days prior to the date of termination, AGENCY must notify the City in writing of its decision to terminate this Agreement, the reason(s) for termination, and the effective date of termination. The notice of termination must be provided in a manner consistent with Section 11 of this Agreement. 8.5 Mutual Termination. Either party may terminate this Agreement in the event both parties agree, in writing, that the continuation of the activities under this Agreement would not produce beneficial results commensurate with the further expenditure of funds and what conditions of termination may apply including, but not limited to, the effective date of termination. In the event of a mutual termination, AGENCY shall pay any outstanding amounts due to the City, in compliance with this Agreement, within 30 days following the effective date of termination. 8.6 Survival of Provisions. If this Agreement is terminated, the provisions requiring payment to be made for amounts that accrued prior to and up to the effective date of termination survive the termination of this Agreement until each amount due is paid in full. 9. NON-WAIVER AND RESERVATION OF REMEDIES. 9.1 Non-Waiver. Any act of forbearance by either party to enforce any provision of this Agreement may not be construed as a modification of this Agreement nor as a waiver of any breach or default by the other party which then exists or may subsequently exist. The failure of either party to exercise any right or privilege granted in this Agreement may not be construed as a waiver of that right or privilege. By executing this Agreement, neither the City nor AGENCY Exhibit A Page 6 of 9 waive any immunities or defenses that would otherwise be available to it against claims arising in or out of the exercise of their respective governmental powers and functions. 9.2 Reservation of Rights and Remedies. All rights of each party not otherwise expressed under this Agreement are specifically reserved to it. Any payment, act, or omission by a party may not impair or prejudice any remedy or right of that party under this Agreement. Any right or remedy stated in this Agreement may not preclude the exercise of any other right or remedy under this Agreement, at law or in equity, nor may any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. 10. AMENDMENTS. 10.1 Amendment of Agreement. Any change to the provisions of this Agreement, except for changes to Attachment A, must be made in writing and signed by an authorized representative of each party via consecutively numbered amendments. 10.2 Amendment of Attachment A. The City may amend the rates stated in Attachment A by sending written notice of a rate change in compliance with Sections 3.5 and 11 to AGENCY not less than 60 days prior to the beginning date of the next Term. Unless AGENCY sends a responsive notice not less than 30 days prior to the beginning of the next Term, in accordance with Section 11 of this Agreement, and states that the change is unacceptable, AGENCY is deemed to have accepted the revised rates stated in the notice of rate change and shall pay those rates for the next Term. If AGENCY sends a notice that the change is unacceptable, AGENCY shall not use its Radio Equipment on the Radio System following the beginning of the next Term unless City and AGENCY have agreed in writing to the rates applicable to AGENCY for the subsequent Term. The City may amend the number of units stated in Attachment A if AGENCY has requested a change in writing and that change is acceptable to the City. Attachment A may be amended and replaced within this Agreement, pursuant to the explicit terms and conditions for doing so as set out here, on an as-needed basis without the necessity of formally amending this entire Agreement. 10.3 Amendment to Include Infrastructure Costs in Payments. The City and AGENCY agree that, at the beginning of this Agreement, they do not intend to include infrastructure costs of the CBRIN in the amounts payable by AGENCY. If circumstances change and the parties deem it appropriate and beneficial for AGENCY to share in the infrastructure costs, the City and AGENCY shall amend this Agreement to reflect the changes in this Agreement necessary to provide for this cost sharing of the CBRIN. 10.4 Amendment Requests: If the City or AGENCY wish to amend this Agreement, notice must be sent in the manner described and to the persons listed in Section 11 of this Agreement. 11. NOTICES. 11.1 Method of Notice. Any notice required or permitted to be given under this Agreement by one party to the other must be in writing, sent in a manner described, and is deemed received immediately if delivered in person to the address set forth in 11.2 or 11.3 for the party to whom the notice is given, or is deemed received on the third day following mailing if placed in the U.S. mail, postage prepaid, sent by certified mail with a return receipt requested, and addressed to the party to whom notice is given at the address specified in 11.2 or 11.3. Exhibit A Page 7 of 9 11.2 If to City: Peter Collins, Chief Information Officer Information Technology Dept. City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 11.3 If to AGENCY: Name & Title Office or Department Entity Physical Address City State ZIP 11.4 Change of Address. Either party may change the address to which notice is sent by giving the other party notice of the change of address in accordance with the provisions of this Section 11. 12. INTERPRETATION OF CONTRACT & ADDITIONAL PROVISIONS. 12.1 Third Party Rights Not Created. This Agreement is not intended and shall not be construed to create any rights or remedies in any person or legal entity that is not a party to it, and neither the City nor AGENCY is waiving any defense or immunity to which it is entitled against any person or legal entity that is not a party to it by virtue of entering into this Agreement. 12.2 Law. This Agreement is governed by the laws of Texas and is performable in the City of Corpus Christi, Nueces County, Texas. 12.3 Severability. If any portion of this Agreement is ruled invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement must be construed as if that invalid or unenforceable portion were not included in the Agreement, and the remainder of this Agreement is deemed to remain valid and binding for all intents and purposes. 12.4 Headings. The headings at the beginning of the various provisions of this Agreement have been included only to make it easier to locate the subject matter covered by that section or subsection and are not to be used in construing this Agreement. 12.5 Number and Gender. Words describing any gender in this Agreement must be construed to include any other gender, and words describing any number must be construed to include the numeric, unless the context in this Agreement clearly requires otherwise. 12.6 Current Revenues. Any payment made by the City or AGENCY for any of the costs or expenses that either respective party incurs under this Agreement must be made out of the current revenues available to the paying party as required by the Interlocal Cooperation Act. 13. SIGNATURE AUTHORITY. 13.1 AGENCY’S Signature. The person signing this Agreement on behalf of AGENCY, or representing themselves as signing this Agreement on behalf of AGENCY, does hereby warrant and guarantee that he/she has been authorized by AGENCY to sign this Agreement Exhibit A Page 8 of 9 on behalf of AGENCY and to bind AGENCY validly and legally to all terms, conditions, performances, and provisions in this Agreement. 13.2 City’s Signature. The person signing this Agreement on behalf of the City, or representing themselves as signing this Agreement on behalf of City, does hereby warrant and guarantee that he/she has been authorized by the City to sign this Agreement on behalf of the City and to bind the City validly and legally to all terms, conditions, performances, and provisions in this Agreement. 14. ENTIRE AGREEMENT 14.1 Agreement All Inclusive. All oral and written agreements between the parties to this Agreement relating to the subject matter of this Agreement and that were made prior to the execution of this Agreement have been reduced to writing and are contained in this document. AGENCY: By: Printed Name:_________________ Title: Date: CITY OF CORPUS CHRISTI By: Peter Collins, Chief Information Officer & Director, Information Technology Dept. Date: Approved as to form: Assistant City Attorney Date Exhibit A Page 9 of 9 Attachment A Radio Equipment and Rate Schedule Effective for City Fiscal Year 2025-2026 Paid Quarterly in Advance: Oct-Dec, Jan-Mar, Apr-June, July-Sept Quantity Cost Per Radio Quarterly Cost (Qty x Cost Per Radio x 3) TOTAL ANNUAL COST Radio Count XXX $35.00 $XXX.XX $XXX.XX Contract Period Covered October 1, 2025 - September 30, 2026 ***** Amount will be billed and paid quarterly. The invoice number must be included for correct application of the payment. If AGENCY desires to remit the annual amount in advance in full, it may elect to do so at any time. AGENCY’S Billing Address: AGENCY’S Email Address: REMIT TO: City of Corpus Christi Attn: Central Cashiering AR-Collections P.O. Box 9257 Corpus Christi, TX 78469-9257 Payments can also be set up to auto-draft on the 1 st day of every quarter. Please contact AccountsReceivable@cctexas.com to sign up for this option. Exhibit B List of Outside Agencies Department of Homeland Security Texas Attorney General Texas Department of Public Safety Federal Bureau of Investigation Lower Colorado River Authority United States Marshall Bureau of Alcohol, Tobacco, Firearms Exhibit C List of Local Outside Agencies Bishop Consolidated Independent School District – Police Department City of Bishop – Police Department Calallen Independent School District – Police Department Corpus Christi Independence School District – Police Department Nueces County Emergency Services District 1 Nueces County Emergency Services District 2 Nueces County Emergency Services District #3 Nueces County Emergency Services District 4 Nueces Jim Wells County Emergency Services District #5 Nueces County Emergency Services District 6 Flour BluƯ Independent School District – Police Department Texas A & M University Corpus Christi – Autonomy Research Institute Port of Corpus Christi Authority of Nueces County, Texas City of Robstown – Emergency Medical Services City of Robstown – Fire Department Robstown Independent School District – Police Department City of Robstown - Police Department Page 1 of 2 DATE: October 10, 2025 TO: Mayor & City Council FROM: Rebecca L. Huerta, City Secretary RebeccaH@cctexas.com 361-826-3105 CAPTION: Resolution approving the 2026 calendar year City Council meeting schedule. SUMMARY: Attached is the proposed 2026 City Council meeting schedule, including tentative Budget Workshop dates and times. BACKGROUND AND FINDINGS: Council Policies state that the City Council shall meet in regular session at 11:30 am each Tuesday, except the first Tuesday of each month. The City Charter states that the City Council shall meet in regular session at least once per week unless the Council elects to adjust the regular meeting schedule for valid reasons recorded in the minutes. The Charter also requires the Council to meet in regular session not less often than twice a month. In 2026, 33 regular Council meetings and four budget workshops are proposed. CANCELED Regular Council Meetings: January 20 Day after Martin Luther King, Jr. Day (City Holiday) March 10 Spring Break May 26 Day after Memorial Day (City Holiday) June 16 Five Tuesdays in the month September 22 Rescheduled to September 1 (see note below) September 29 Five Tuesdays during the month November 24 Thanksgiving Break December 22 Holiday break December 29 Holiday break Resolution approving the 2026 calendar year City Council Meeting schedule AGENDA MEMORANDUM Action Item for the City Council Meeting October 21, 2025 Page 2 of 2 RESCHEDULED Council Meetings: September 1 First Tuesday in September, which is not a regular Council meeting date. Staff requests this meeting date to comply with Tax Assessor/Collector’s Office requirements for tax rate approval. Budget Workshops – tentative dates from 9:00 a.m. to 1:00 p.m. August 6 August 13 August 20 August 27 FINANCIAL IMPACT: None RECOMMENDATION: Approve the resolution LIST OF SUPPORTING DOCUMENTS: Resolution Council Meeting Schedule for Calendar Year 2026 RESOLUTION APPROVING THE 2026 CALENDAR YEAR CITY COUNCIL MEETING SCHEDULE Whereas, Article II Section 14 of the City Charter provides that the City Council shall meet in regular session at least once each week, unless the City Council elects to adjust the regular meeting schedule for valid reasons recorded in the minutes; Whereas, Article II Section 14 of the City Charter further provides that in any event, the City Council is required to meet in regular session not less often than twice each month; Whereas, City Council Policy No. 16 provides that the City Council shall meet in regular session at 11:30 a.m. each Tuesday, except that in order to maximize efficiency it shall not meet the first Tuesday of each month unless requested by the Mayor, or four members of the City Council; Whereas, traditionally, during months with five Tuesdays, the City Council cancels regular Tuesday meetings to schedule only three regular meetings; Whereas, traditionally, the City Council has cancelled the regular Tuesday meeting when the preceding Monday is a City holiday; Whereas, traditionally, the City Council has cancelled the regular Tuesday meeting which occurs during second week of March for Spring Break and during the second week of July for Independence Day; Whereas, traditionally, the City Council has cancelled the regular Tuesday meeting which occurs during the week of Thanksgiving; Whereas, traditionally, the City Council has cancelled the last two regular Tuesday meeting dates in December for holiday break; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the reasons for cancellation of regular Tuesday meetings for calendar year 2026 and authorization of this resolution. SECTION 2. The following Tuesday regular City Council meeting dates are cancelled for Calendar Year 2026 for the reasons expressed herein: January 20 Day after Martin Luther King, Jr. Day (City Holiday) March 10 Spring Break May 26 Day after Memorial Day (City Holiday) June 16 Five Tuesdays during the month September 22 Meeting rescheduled to Tuesday, September 1, to comply with Nueces County Tax Assessor/Collector’s Office requirements for tax rate approval. September 29 Five Tuesdays during the month November 24 Thanksgiving Break December 22 Holiday Break December 29 Holiday Break SECTION 2. The City Council approves the attached City Council meeting schedule for Calendar Year 2026. PASSED and APPROVED on the _____ day of ________________, 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 2 1 2 3 4 5 6 5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27 26 27 28 29 30 24 25 26 27 28 29 30 28 29 30 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 30 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 27 28 29 30 31 29 30 27 28 29 30 31 1 2 Proposed Council Meetings Budget workshops (tentative)Partial holiday closure Proposed cancelled meetings City Holidays Uniform or Primary Election date **Dates subject to change. Please check https://events.corpuschristitx.gov/ for current schedule. October November December September March June July August January February April May 2026 Proposed Council Meetings DATE: October 21, 2025 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks & Recreation Robertd4@cctexas.com (361) 826-3133 CAPTION: Ordinance authorizing a budget adjustment and amending the Operating Budget for Fiscal Year 2026 for the parking lot expansion and resurfacing project at Gabe Lozano Golf Course, with funding from the Golf Center Fund in the amount of $400,000. SUMMARY: This ordinance amends the FY 2026 Operating Budget to complete the parking lot expansion and resurfacing project at the Gabe Lozano Golf Course. There has been a significant increase in golf demand and traffic with the completion of the new, state-of-the-art Executive 9-hole, lighted course. BACKGROUND AND FINDINGS: The Gabe Lozano Golf Center, currently operated by Foresight Corpus Christi Golf, LLC, continues to renovate amenities with parking lot improvements as a current focus. The parking lot has not undergone any major improvements since the facility was constructed in 1968. Improvements to the parking lot include expanding the lot by approximately 23,000 square feet. The parking lot improvements will be executed in two phases. Phase 1 is currently under construction with an expected completion date in late October 2025. Phase 1 improvements include the expansion of 7,200 square feet with the addition of 85 new spaces and the reconstruction of the dumpster pad/pathway to facilitate dumpster trucks. This budget adjustment for Phase 2 rehabilitation will consist of full demolition/reconstruction of 64,375 square feet of existing parking lot, base restoration, drainage improvements, concrete curbs, and a new asphalt overlay. Foresight Corpus Christi Golf is responsible for obtaining consultants and construction contracts for this project. They have acquired a bid from Abel’s Paving & Construction, Inc. to perform the construction of Phase 2. Abel’s Paving and Construction are also performing the parking lot improvements for Phase 1. The project initiation for Phase 2 is dependent on City Council approval of this budget adjustment, with a tentative project duration of approximately 10 days. FINANCIAL IMPACT: The fiscal impact for FY 2026 consists of reducing the Golf Center (4690) Fund balance by $400,000; and amending the FY 2026 budget for $400,000 in the Golf Center Fund (4690) for the Gabe Lozano Golf Course. This budget adjustment for parking lot expansion FY 2026 Budget Adjustment AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 21, 2025 Second Reading Ordinance for the City Council Meeting of November 11, 2025 and the resurfacing project does not impact the General Fund. This Golf Fund is funded solely with revenue collected by the existing profit-sharing agreement with Foresight Corpus Christi Golf, LLC. FUNDING DETAIL: Fund: 4690 – Golf Center Fund Organization: 35200 – Gabe Lozano Golf Course Maint Department: 27 – Parks and Recreation Project # (CIP Only): N/A Account: 530000 – Professional Services Amount: $400,000 RECOMMENDATION: Staff recommend approving the amendment to the FY 2026 Operating Budget to complete the parking lot expansion and resurfacing project at the Gabe Lozano Golf Course. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance authorizing budget adjustment and amending the Operating Budget for Fiscal Year 2026 for the parking lot expansion and resurfacing project at Gabe Lozano Golf Course, with funding from the Golf Center Fund in the amount of $400,000.00 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2025-2026 Operating Budget adopted by Ordinance No. 033730 is amended by appropriating $400,000.00 from the Golf Center Fund for the parking lot expansion and resurfacing project at Gabe Lozano Golf Course. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary City Council Meeting October 21, 2025 Amending the FY 26 Operating Budget for Parking Lot Improvements at Gabe Lozano Golf Course 1 2 Background •The purpose of the budget adjustment is for completing the parking lot expansion & resurfacing project in the amount of $400,000. •The Center has experienced a significant increase in golf demand & traffic since the completion of the new, state-of-the-art Executive 9- hole, lighted course. •The parking lot has not undergone any major improvements since the facility was constructed in 1968. •The Golf Center is currently operated by Foresight Golf Corpus Christi, LLC. •Foresight Corpus Christi Golf is responsible for obtaining consultants & construction contracts for this project. 3 Current Conditions 4 Improvements to the Parking Lot •Improvements to the parking lot include an expansion by approximately 23,000 square feet. •Improvements will be executed in two phases. •Phase 1 is currently under construction with an expected completion date in late October 2025. •Phase 1 improvements include the expansion of 7,200 square feet with the addition of 85 new spaces & the reconstruction of the dumpster pad/pathway to facilitate dumpster trucks. 5 Phase Two •Phase 2 rehabilitation includes full demo/reconstruction of existing parking lot (approx. 64,375 square feet), base restoration, drainage improvements, concrete curbs & a new asphalt overlay. •Foresight Golf has acquired a bid from Abel’s Paving & Construction, Inc. to perform the construction of Phase 2. •Abel’s Paving & Construction are also performing the parking lot improvements for Phase 1. •The project initiation for Phase 2 is dependent on City Council approval of this budget adjustment, with a project duration of approximately 10 days. 6 Recommendation •Staff recommend approving the budget adjustment amending the FY26 Operating Budget for the parking lot expansion & rehabilitation project at Gabe Lozano Golf Course. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 21, 2025 Second Reading for the City Council Meeting of November 11, 2025 DATE: September 26, 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 6502 Holly Road CAPTION: Zoning Case No. ZN8548, Al Development, Inc. (District 4). Ordinance rezoning a property at or near 6502 Holly Road from the “CN-1” Neighborhood Commercial District to the “CG-2” General Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend denial). (3/4 favorable vote required to overrule Planning Commission). SUMMARY: This item is to rezone the property to allow a commercial development, particularly a strip retail plaza with a restaurant, retail sales and service uses, and indoor recreational uses. BACKGROUND AND FINDINGS: The subject property is a 3.33-acre tract in the southside area of the city out of the Woodbend Subdivision. It is located along Holly Road, an A1 class arterial street, and Woodbend Drive, a local residential street, a quarter mile east of the Holly Road and Airline Road intersection. It also abuts a medium-density residential subdivision at its north and east. Holly Road, a minor arterial road is lined mainly with residential subdivisions with a modest portion with commercial developments nearest the intersections. The surrounding properties are primarily zoned “RS-6” Single-Family 6 District, which are found to the north and east of the property, with low-density residential uses. There are also some medium-density residential uses to the north. The property to the west of the parcel and Woodbend Drive is zoned “CN-1” Neighborhood Commercial District with commercial use; while those to the south of the tract and Holly Road are zoned “RS- TF/SP” Two-Family District with a Special Permit and “RS-6” Single-Family 6 District, with low- and high-density residential uses. The “CG-2” General Commercial District permits restaurants, apartments, townhouses, overnight accommodation uses, educational facilities, medical facilities, commercial parking, offices, retail sales and services, vehicle sales and services, and water- oriented uses. The proposed rezoning is consistent with the Southside ADP; however, is not consistent with the FLUM designation of high-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.B). Public Input Process: Number of Notices Mailed: 40 notices were mailed within the 200-foot notification area, and 4 outside the notification area. As of September 26, 2025 In Favor 1 inside notification area 0 outside notification area In Opposition 1 inside notification area 0 outside notification area A total of 0.27% of the 200-foot notification area is in opposition. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION (August 6, 2025): Planning Commission and Staff recommend denial of the change of zoning from the “CN-1” Neighborhood Commercial District to the “CG-2” General Commercial District. Vote Results For: 0 Against: 8 Absent: 1 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8548, Al Development, Inc. (District 4). Ordinance rezoning property at or near 6502 Holly Road from the “CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff Recommend Denial) (3/4 favorable vote required to overrule Planning Commission). 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 1, Block 2 of the Woodbend Subdivision, from: the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. The subject property is located at or near 6502 Holly Road. 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 Page 2 of 2 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 ZONING REPORT CASE ZN8548 Applicant & Subject Property District: 4 Owner: Al Development, Inc. Applicant: Al Development, Inc. Address: 6502 Holly Road, located along the north side of Holly Road, east of Airline Road and Woodbend Drive, and west of Rodd Field Road. Legal Description: Lot 1, Block 2, Woodbend subdivision Acreage of Subject Property: 3.33 acres Zoning Request From: “CN-1” Neighborhood Commercial District To: “CG-2” General Commercial District Purpose of Request: To allow a commercial development; particularly a strip retail plaza. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site “CN-1” Neighborhood Commercial Vacant High-Density Residential North “RM-1” Multi-Family, “RS-6” Single-Family 6 Low- and Medium-Density Residential Medium-Density Residential, High-Density Residential South “RS-TF/SP” Two-Family with a Special Permit, “RS-6” Single-Family 6 Low- and Medium-Density Residential Medium- and High-Density Residential East “RS-6” Single-Family 6 Low-Density Residential Medium-Density Residential West “CN-1,” Neighborhood Commercial and “RM-3” Multi-Family District Commercial, Medium-Density Residential Commercial, High-Density Residential Plat Status: The subject property is platted per MRNCT (Map Records of Nueces County Texas) Volume 64 Page 264-265. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. Code Violations: None Roadway Master Plan Holly Road Designation Section Proposed Section Existing "A1" Minor Arterial Undivided 95-Foot ROW 4 Lanes, Center Turn Lane 100-Foot ROW 4 Lanes, Center Turn Lane Transit: The Corpus Christi RTA provides service to the subject property via Bus Route 26 Staples Street Station near the intersection of Airline Road and Holly Road, a quarter mile west of the site. Bicycle Mobility Plan: The subject property is approximately a quarter mile north of a planned off- road multi-use trail, along the Mary Carroll (Schanen) Ditch, and three-quarter of a mile south of a planned one-way cycle track along each side of Williams Drive. Utilities Gas: A 2-inch gas line exists beyond the northern and eastern property boundary lines, within the abutting residential subdivision. Stormwater: A 24-inch RCP (active and public) storm water pipe exists along the north side of Holly Road. Wastewater: An 8-inch (active and public) gravity main exists along Woodbend Drive, however, terminates at the northwestern corner of the property; and a 30-inch PVC (active and public) force main along the side property line. Water: A 12-inch PVC (active and public) distribution line exists along the north side of Holly Road, as does an 8-inch pipe along Woodbend Drive; and a 30-inch DIP (active and public) transmission line exists along Holly Road. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. ADP (Area Development Plan): According to Plan CC the subject property is located within the Southside ADP (Adopted March 17, 2020). Water Master Plan: No improvements have been proposed. The site is adjacent to existing infrastructure. Wastewater Master Plan: No improvements have been proposed. The site is adjacent to existing infrastructure. Stormwater Master Plan: No improvements have been proposed. The site is adjacent to existing infrastructure. Roadway Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed 40 within a 200-foot notification area 4 outside 200-foot notification area In Opposition 1 inside the notification area 0 outside the notification area 0.27 % in opposition within the 200-foot notification area (1 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: August 6, 2025 Tentative City Council 1st Reading/Public Hearing Date: October 21, 2025 Tentative City Council 2nd Reading Date: November 11, 2025 Background: The subject property is a 3.33-acre tract in the southside area of the city out of the Woodbend Subdivision. It is located along Holly Road, an A1 class arterial street, and Woodbend Drive, a local residential street, a quarter mile east of the Holly Road and Airline Road intersection. It also abuts a medium-density residential subdivision at its north and east. Holly Road, a minor arterial road is lined mainly with residential subdivisions with a modest portion with commercial developments nearest the intersections. The surrounding properties are primarily zoned “RS-6” Single-Family 6 district, which are found to the north and east of the property, with low-density residential uses. There are also some medium- density residential uses to the north. The property to the west of the parcel and Woodbend Drive is zoned “CN-1” Neighborhood Commercial with commercial use; while those to the south of the tract and Holly Road are zoned “RS-TF/SP” Two-Family District with a Special Permit and “RS-6” Single- Family 6, with low- and high-density residential uses. The applicant is requesting a change of zoning to accommodate a commercial development; particularly a strip retail plaza with a restaurant, retail sales and services uses, and indoor recreational uses. The “CG-2” General Commercial District permits restaurants, apartments, townhouses, overnight accommodation uses, educational facilities, medical facilities, commercial parking, offices, retail sales and services, vehicle sales and services, and 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. Southside ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the Southside ADP; however is not consistent with the FLUM designation of high-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 Zoning Map amendment request is generally consistent with the Comprehensive Plan and the south side area development plan; however, it is inconsistent with the future land use designation of High-Density Residential. • The amendment is not compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. o The current zoning district allows the uses proposed by the applicant, as does the “CG- 2” General Commercial District, however, it would permit more intense commercial development to take place, including bars/nightclubs, mini storage, and car dealerships. • The property to be rezoned is not suitable for the zoning district that would be applied by the proposed amendment. o Where located, the site would allow a “CG-2” District mid-block, and the type of traffic that the proposed zoning would generate aligns with a primary arterial road, rather than a minor arterial road, which is the classification for Holly Road. Yorktown Boulevard is an example of a primary arterial road. Planning Commission and Staff Recommendation (August 6, 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 denial of the change of zoning from the “CN-1” Neighborhood Commercial District to the “CG-2” General Commercial District. Attachments: (A) Existing Zoning and Notice Area Map. (B) Returned Notices (A) Existing Zoning and Notice Area Map (B) Returned Notices ZONING CASE ZN8548 Al Development, Inc. CITY COUNCIL, OCTOBER 21, 2025 Al Development, Inc. District 4 Rezoning a property at or near 6502 Holly Road From the “CN-1” Neighborhood Commercial District to the “CG-2” General Commercial District Zoning and Land Use Proposed Use: To allow a commercial development Area Development Plan: Southside, Adopted on March 17, 2020 Designated Future Land Use: High-Density Residential Existing Zoning District: “CN-1” Neighborhood Commercial District Existing Land Use Zoning District North Low-and Medium-Density Residential “RS-6” Single-Family, “RM-1” Multifamily South Low-and Medium-Density Residential “RS-TF/SP Two-Family with a Special Permit, “RS-6” Single-Family East Low-Density Residential “RS-6” Single-Family West Commercial, Medium- Density Residential “CN-1” Neighborhood Commercial, “RS-6” Single-Family 04/10/2006 06/04/1974 12/16/1975 12/16/1975 03/25/1996 01/30/1979 *Notified property owner’s land in SQF/ Total SQF of all properties in the notification area = Percentage of public in opposition and/or favor. Public Notification 40 Notices mailed inside the 200’ buffer 4 Notices mailed outside the 200’ buffer Notification Area Opposed: 1 (0.27%) Separate Opposed Owners: (1) In Favor: 1 (1.91%) X O X PLANNING COMMISSION AND STAFF RECOMMEND DENIAL FROM THE “CN-1” NEIGHBORHOOD COMMERCIAL DISTRICT TO THE “CG-2” GENERAL COMMERCIAL DISTRICT •The Zoning Map amendment request is generally consistent with the Comprehensive Plan and the south side area development plan; however, it is inconsistent with the future land use designation of High-Density Residential. •The amendment is not compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. o The current zoning district allows the uses proposed by the applicant, as does the “CG-2” General Commercial District, however, it would permit more intense commercial development to take place, including bars/nightclubs, mini storage, and car dealerships. •The property to be rezoned is not suitable for the zoning district that would be applied by the proposed amendment. o Where located, the site would allow a “CG-2” District mid-block, and the type of traffic that the proposed zoning would generate aligns with a primary arterial road, rather than a minor arterial road, which is the classification for Holly Road. Yorktown Boulevard is an example of a primary arterial road. 5 Analysis & Recommendation Thank you! HOL L Y R D TO B E N D R WO O D B E N D D R HIG H A R C H C T TAR A D R Esri, HERE, Garmin, INCREMENT P, NGA, USGS µ LOCATION MAP SUBJECT PROPERTY SUBJECT PROPERTY CASE: ZN8548 Subject Property Aerial View AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 21, 2025 Second Reading for the City Council Meeting of November 11, 2025 DATE: September 26, 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 14762 Running Light Drive CAPTION: Zoning Case No. ZN8622, John Tompkins (District 4). Ordinance rezoning a property at or near 14762 Running Light Drive from the “RM-AT/IO” Multifamily District with the Island Overlay to the “RM-AT/IO/PUD” Multifamily 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 mixed residential development consisting of 4 townhome units, 1 single-family dwelling, and 1 common area to accommodate vehicular movement, parking, utilities, and amenities such as a pool and other common areas for a deck and dock. BACKGROUND AND FINDINGS: The subject property is a vacant and undeveloped 0.29-acre tract in the Padre/Mustang Island area of the City, within the Padre Island Section E subdivision, north of Whitecap Boulevard and Leeward Drive. The subject property was petitioned by the subject owner for a rezoning from the “RS-6” Single-Family 6 District with the Island Overlay to the “RM-AT/IO” Multi-Family-Tourist District with the Island Overlay in March 2024, a common pattern for this area. The property measures 50 feet wide and approximately 250 feet long and immediately abuts a waterway at its north. The surrounding properties are primarily zoned “RM-AT/IO” Multi-Family Apartment Tourist District with the Island Overlay. This applies to the properties to the south, the west, and the east. The vacant properties to the north of the subject property and waterway are zoned “RM-AT/IO/PUD” Multi-Family Apartment Tourist District with the Island Overlay and a Planned Unit Development overlay. The “RM-AT” Multi-Family District, the current base zoning district, allows single-family houses, apartments, two-family houses, townhouses, cottage housing developments, group homes, educational facilities, parks and open areas, places of worship, bed and breakfast inns, apartment hotels, hotels, and motels. The proposed rezoning is consistent with the City of Corpus Christi’s comprehensive plan; however, it is inconsistent with the future land use designation of mixed use. 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: 44 notices were mailed within the 200-foot notification area, and 0 outside the notification area. As of September 26, 2025 In Favor 12 inside notification area 0 outside notification area In Opposition 1 inside notification area 0 outside notification area A total of 0.44% of the 200-foot notification area is in opposition. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION (August 6, 2025): Planning Commission and Staff recommend approval of the change of zoning from the “RM-AT/IO” Multifamily District with the Island Overlay to the “RM-AT/IO/PUD” Multifamily District with the Island Overlay and a Planned Unit Development Overlay. Vote Results For: 8 Against: 0 Absent: 1 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8622, John Tompkins (District 4). Ordinance rezoning property at or near 14762 Running Light Drive from the “RM- AT/IO” Multifamily District with the Island Overlay to the “RM-AT/IO/PUD” Multifamily 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 Lot 27 of the Padre Island Section E Subdivision, from: The RM-AT/IO Multifamily District with the Island Overlay to the RM-AT/IO/PUD Multifamily District with the Island Overlay and a Planned Unit Development Overlay The subject property is located at or near 14762 Running Light Drive. Exhibit A, the PUD (Planned Unit Development) guideline document is attached and incorporated. 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 Owner shall develop the properties in accordance with the Development (PUD) Guidelines and Master Site Plan, attached as Exhibit A, and to the satisfaction of the Technical Review Committee (TRC). 2. Other Requirements: The conditions of the Planned Unit Development do not preclude compliance with other applicable Unified Development Code (UDC), Building, and Fire code requirements. Page 2 of 6 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. 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 4. 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 5. 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 6. 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 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter. SECTION 8. 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 3 of 6 Exhibit A Page 4 of 6 Page 5 of 6 Page 6 of 6 ZONING REPORT CASE ZN8622 Applicant & Subject Property District: 4 Owner: John Tompkins Applicant: John Tompkins Address: 14762 Running Light Drive, along the north side of Running Light Drive, and west of Leeward Drive. Legal Description: Lot 27 out of the Padre Island Section E Subdivision Acreage of Subject Property: 0.29 acre. Zoning Request From: “RM-AT/IO” Multi-Family Apartment Tourist District with the Island Overlay To: “RM-AT/IO/PUD” Multi-Family Apartment Tourist District with the Island overlay and a Planned Unit Development overlay. Purpose of Request: To allow a mixed residential development. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site “RM-AT/IO” Vacant Mixed Use North “RM-AT/IO/PUD,” Multi-Family Apartment Tourist District with the Island Overlay and a Planned Unit Development Overlay Waterway, Vacant Waterway, High-Density Residential, Mixed Use South “RM-AT/IO/PUD,” Multi-Family Apartment Tourist District, with the Island Overlay and a Planned Unit Development Overlay Transportation (Running Light Drive), Vacant Transportation (Running Light Drive), Mixed Use East “RM-AT/IO,” Multi-Family Apartment Tourist District with the Island Overlay Waterway, Vacant Waterway, Mixed Use West “RM-AT/IO,” Multi-Family Apartment Tourist District with the Island Overlay Vacant Mixed Use Plat Status: Although the subject property is platted per MRNCT (Map Records of Nueces County Texas) Volume 38 Page 25-26, platting will be required to develop the proposed development, if approved. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. Code Violations: None Roadway Master Plan Running Light Drive Designation Section Proposed Section Existing "Local" Residential 60-Foot ROW 2 Thru Lanes, On-Street Parking, No Median/Center Turn Lane 60-Foot ROW 2 Thru Lanes, On-Street Parking, No Median/Center Turn Lane Transit: The Corpus Christi RTA provides service to the subject property via Bus Route 65 Padre Island Flex near Leeward Drive and Running Light Drive. Bicycle Mobility Plan: The subject property is approximately 250 feet from the nearest Buffered Bike Lane, along Leeward Drive, planned as a one-way cycle track along each side of the right-of- way. Utilities Gas: The nearest infrastructure, a 2-inch PE (active) grid main, is along Leeward Drive. Stormwater: No infrastructure exists. Wastewater: An 8-inch VCP (active and public) gravity main exists along the north side of Running Light Drive. Water: An 8-inch ACP (active and public) distribution line exists along the south side of Running Light Drive. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. 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: Improvements have been proposed, which, includes a future force main along Leeward Drive. Stormwater Master Plan: No improvements have been proposed. Roadway Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed 44 within a 200-foot notification area 0 outside 200-foot notification area In Opposition 1 inside the notification area 0 outside the notification area 0.44% in opposition within the 200-foot notification area (1 individual property owner). Refer to Attachment C. Public Hearing Schedule Planning Commission Hearing Date: August 6, 2025 Tentative City Council 1st Reading/Public Hearing Date: October 21, 2025 Tentative City Council 2nd Reading Date: November 11, 2025 Background: The subject property is a vacant and undeveloped 0.29-acre tract in the Padre/Mustang Island area of the City, within the Padre Island Section E subdivision, north of Whitecap Boulevard and Leeward Drive. The subject property was petitioned by the subject owner for a rezoning from the “RS-6” Single-Family 6 District with the Island Overlay to the “RM-AT/IO” Multi-Family-Tourist District with the Island Overlay in March 2024, a common pattern for this area. The property measures 50 feet wide and approximately 250 feet long and immediately abuts a waterway at its north. The surrounding properties are primarily zoned “RM-AT/IO” Multi-Family Apartment Tourist District with the Island Overlay. This applies to the properties to the south, the west, and the east. The vacant properties to the north of the subject property and waterway are zoned “RM-AT/IO/PUD” Multi-Family Apartment Tourist District with the Island Overlay and a Planned Unit Development overlay. The applicant is requesting a change of zoning to develop the Breezeway Townhomes Planned Unit Development (PUD), which will consist of four townhome units (lots 2-6), a single-family dwelling (lot 6), one common area (lot 1) to accommodate vehicular movement, parking, utilities, and amenities, such as a pool, and other common areas for a deck and a dock (lots 7 and 8). Refer to lot layout under attachment (B) Planned Unit Development Guideline Document. Breezeway Townhomes Land Use Breakdown Lot Land Use Lot Area (SQF) PUD Percentage 1 Common Area– Transportation, Utilities, Amenities 5,015 40% 2 Single-Family – Attached (Townhomes) 930 38% 3 900 4 900 5 930 6 Single-Family – Detached (Single-Family) 1,184 7 Common Area – Deck and Dock 896 22% 8 1,744 The property, as illustrated in the lot layout map, will have townhome lots ranging from 900 sq. ft. – 930 square feet to be developed with one connected structure with 4 townhome units, and fronting Lot 1, designated as a common area for vehicular circulation, utilities, and amenities, over which structures will be allowed to overhang. The lot to be developed with single-family is set to be at least 1184 square feet. The parent lot will have a 20-foot street yard along Running Light Drive, a 5-foot side yard will be provided on either side property lines, where the parcel abuts adjacent lots. The Planned Unit Development Guideline prescribes the following standards for the single-family and townhome uses against the Unified Development Code’s prescription below under the Breezeway Townhomes Planned Unit Development Standards table below. Breezeway Townhomes Planned Unit Development Standards Single-Family – Attached (Townhomes) Standards Single-Family – Detached (Single-Family House) Standards UDC Standards PUD Standards UDC Standards PUD Standards Min. Lot Area (SQF) 2,600 900 5,000 1,184 Min. Lot Width (Ft) 26 30 50 32 Min. Street Yard (Ft) 10 10 20 20 Min. Street Yard - Corner (Ft) 10 10 10 0 Min. Side Yard – Single (Ft) 0 0 5 0 Min. Side Yard – Total (Ft) 0 0 10 0 Min. Rear Yard 5 5 5 5 Min. Building Separation 10 0 Min. Open Space 30 25 25 25 Maximum Height (F) 45 45 Per UDC 4.2.8.C; 4.2.8.D; 4.2.8.E Per UDC 4.2.8.C; 4.2.8.D; 4.2.8.E 1Overhangs, from lots 2-5, unto Lot 1 (a common area), are allowed. 1. Unless otherwise stated in the deviation table, the development will conform with the Unified Development Code. 2. Items in bold and underlined communicate a deviation from the Unified Development Code standards. The “RM-AT” Multi-Family District, the current base zoning district, allows single-family houses, apartments, two-family houses, townhouses, cottage housing developments, group homes, educational facilities, parks and open areas, places of worship, bed and breakfast inns, apartment hotels, hotels, and motels. Located in the Padre/Mustang Island area, this property also has the –IO Island overlay. The –IO, Island overlay is to promote quality development on Padre Island. It is designed to create a distinctive quality of life of the area by promoting building design characteristic of a resort area. These special regulations are in place to preserve the character of the area and economic importance to the City. The Planned Unit Development overlay, to be added if the request is approved, encourages the unified design of a mix of residential, commercial, office, professional, retail or institutional uses, and is a recognition that at times greater quality of development can be achieved by permitting modification of established zoning and subdivision regulations and that when property is planned and developed as a unit, modification to standard regulations is possible without endangering the health, safety and general welfare of the public. 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. Padre/Mustang Island ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is broadly consistent with the Padre/Mustang Island ADP; however is not consistent with the FLUM designation of mixed use. 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; however, it is inconsistent with the future land use designation of mixed use. • While not necessarily consistent with all the guiding documents of the city, the amendment to be applied if approved is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. o As early as the 2000s, surrounding property owners have customarily rezoned their land from the “RS-6” Single-Family 6 District with and Island overlay to the “RM-AT/IO” Multi-Family Apartment Tourist District with an Island overlay or “RM-AT/IO/PUD” Multi- Family Apartment Tourist District with an Island and Planned Unit Development overlay. Surrounding properties have a pattern towards high-density residential developments, particularly townhomes, with the Planned Development Unit overlay for flexibility in arrangement within such narrow lots. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. Planning Commission and Staff Recommendation (August 6, 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 “RM-AT/IO” Multi-Family Apartment Tourist District with the Island Overlay District to the “RM-AT/IO/PUD” Multi-Family Apartment Tourist District with the Island Overlay and a Planned Unit Development Overlay, subject to the conditions: The property shall be developed in accordance to the Development (PUD) Guidelines and Master Site Plan, attached as Exhibit B, and to the satisfaction of the Technical Review Committee (TRC) with a time limit of 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. The conditions of the Planned Unit Development do not preclude compliance with other applicable Unified Development Code, Building, and Fire code requirements. Attachments: (A) Existing Zoning and Notice Area Map. (B) Planned Unit Development Guideline Document (C) Returned Notices (In Opposition) (A) Existing Zoning and Notice Area Map O x x o o o o o o o o o o o o (B) Planned Unit Development Guideline Document (C) Returned Notices (In Opposition) \ ZONING CASE ZN8622 John Tompkins CITY COUNCIL, OCTOBER 21, 2025 John Tompkins District 4 Rezoning a property at or near 14762 Running Light Drive From the “RM-AT/IO” Multifamily Apartment Tourist District with the Island Overlay to the “RM-AT/IO/PUD” Multifamily Apartment Tourist District with the Island Overlay and a Planned Unit Development Overlay Zoning and Land Use Proposed Use: To allow a mixed-use residential development Area Development Plan: Padre/Mustang Island, Adopted on June 29, 2021 Designated Future Land Use: Mixed-Use Existing Zoning District: “RM-AT/IO” Multifamily Apartment Tourist District with the Island Overlay Existing Land Use Zoning District North Waterway, Vacant “RM-AT/IO” Multifamily Apartment Tourist South Vacant “RM-AT/IO/PUD” Multifamily Apartment Tourist with the Island Overlay and a Planned Unit Development East Waterway, Vacant “RM-AT/IO” and “RM-AT/IO/PUD” Multifamily Apartment Tourist West Vacant “RM-AT/IO” Multifamily Apartment Tourist 12/20/2004 06/07/2021 07/18/2011 07/18/2011 03/22/2021 12/19/2022 12/16/2019 12/20/2004 03/03/2024 / PUD Island Overlay *Notified property owner’s land in SQF/ Total SQF of all properties in the notification area = Percentage of public in opposition and/or favor. Public Notification 44 Notices mailed inside the 200’ buffer 0 Notices mailed outside the 200’ buffer Notification Area Opposed: 1 (0.44%) Separate Opposed Owners: (1) In Favor: 12 (9.14%) X O X PUD Development Standards & Layout PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL FROM THE “RM-AT/IO” TO THE “RM- AT/IO/PUD” •The proposed rezoning is consistent with the City of Corpus Christi’s comprehensive plan; however, it is inconsistent with the future land use designation of mixed use. •While not necessarily consistent with all the guiding documents of the city, the amendment to be applied, if approved, is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. o As early as the 2000s, surrounding property owners have customarily rezoned their land from the “RS-6” Single-Family 6 District with and Island overlay to the “RM-AT/IO” Multi-Family Apartment Tourist District with an Island overlay or “RM-AT/IO/PUD” Multi-Family Apartment Tourist District with an Island and Planned Unit Development overlay. •The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. 6 Analysis & Recommendation Thank you! AR U B A LE E W A R D D R RUN N I N G L I G H T D R PORT S I D E D R ST A U G U S T I N E A V E Esri, HERE, Garmin, INCREMENT P, NGA, USGS µ LOCATION MAP SUBJECT PROPERTY SUBJECT PROPERTY CASE: ZN8622 Subject Property Aerial View DATE: October 21, 2025 TO: Peter Zanoni, City Manager FROM: Michael Dice, Director Development Services michaeld3@cctexas.com (361) 826-3596 CAPTION: Motion authorizing execution of a Deferment Agreement (“Agreement”) with Solid Rock Commercial Properties, Ltd (“Developer”), for the construction of paving, storm sewer, water, and sanitary sewer improvements at Solid Rock Industrial Park – Phase 1. SUMMARY: Solid Rock Commercial Properties, Ltd is developing a new light industrial subdivision and is required to construct infrastructure improvements. Developer has requested to enter into a deferment agreement for the infrastructure improvements. The total estimated construction cost of the deferred improvement is $621,522.62. BACKGROUND AND FINDINGS: The plat for Solid Rock Industrial Park Phase I was approved by Planning Commission on May 1, 2024. A layout of existing and proposed improvements is included as Exhibit 2 of the agreement. The development is located north of Old Brownsville Rd. and Junior Beck. Solid Rock Commercial Properties, Ltd is requesting deferment of the public improvements for Solid Rock Industrial Park Phase I without financial security. Standard form deferment agreements require a financial security of 110% of the construction costs of all improvements. Any deviations from the approved standard form deferment Approval of a Deferment Agreement for infrastructure improvements at Solid Rock Industrial Park – Phase 1. AGENDA MEMORANDUM Action Item for the City Council Meeting of October 21, 2025 agreement require a recommendation from the Planning Commission and approval by the City Council in accordance with UDC Section 8.1.10.B.4. The Planning Commission recommends approval. The Deferment Agreement for Solid Rock Industrial Park – Phase 1 provides no financial security. In lieu of financial security, the agreement provides that no building permit for vertical structures shall be issued for all or any portion of the real property that is subject of the plat until the deferred improvements are constructed and accepted by the City. If the owner defaults, the City shall not issue any building permits for vertical structures or certificate of occupancy. Additionally, the City may move to vacate such plat. ALTERNATIVES: Do not approve the deferment agreement and require either full construction of public improvements or a standard form deferment agreement with financial security to record the plat. FINANCIAL IMPACT: N/A Funding Detail: N/A RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Agreement (with exhibits) Presentation Page 1 of 6 Deferment Agreement – No Financial Security DEFERMENT AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This deferment agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Solid Rock Commercial Properties, Ltd ("Developer"), a Texas Limited Partnership in order to defer the completion of certain required public improvements prior to recording the final plat of SOLID ROCK INDUSTRIAL PARK – PHASE 1 (the "Plat"). A copy of the Plat is attached and incorporated by reference into this Agreement as Exhibit 1. WHEREAS, the Developer is obligated under Section 8.1 of the Unified Development Code ("UDC") to construct the required public improvements before the final Plat is endorsed by the City's City Engineer or Development Services Engineer, as applicable ("City Engineer"); WHEREAS, the Developer is seeking to delay the construction of the required public improvements ("Deferred Improvements") shown in Exhibit 2, which exhibit is attached and incorporated by reference into this Agreement, and to have the Plat filed immediately with the County Clerk of Nueces County, Texas; WHEREAS, the developer is seeking deviation from the standard form deferment agreement to forego the financial security required by Section 3.30.1 of the UDC in the amount representing 110% of the estimated cost of constructing the Deferred Improvements; and WHEREAS, any deviations from the approved standard form deferment agreement require a recommendation from the Planning Commission and an approval by the City Council per Section 8.1.10.B.4. of the UDC; NOW, THEREFORE, for the consideration set forth in this Agreement, the City and Developer agree as follows: 1. Preamble. The above preamble and all defined terms therein are incorporated in this Agreement for all purposes. In addition, the preamble to this Agreement is included as substantive content in this instrument and upon which both parties to this Agreement have relied and will continue to rely during the term of this Agreement. 2. Consideration. In consideration of the Developer's request to enter into this Agreement and the commitment to the construction of the Deferred Improvements, the City agrees to allow the final Plat to be endorsed by the City Engineer and filed for record with the County Clerk of Nueces County prior to the construction of the Deferred Improvements and without financial security in the amount representing 110% of the estimated cost of constructing the Deferred Improvements as required by the Unified Development Code. 3. Development Fees. Prior to the filing of the Plat with the County Clerk of Nueces County, the Developer must pay all development fees for the Plat as required by the Corpus Christi Code and UDC. Page 2 of 6 Deferment Agreement – No Financial Security 4. Improvements. a. Developer covenants to construct and install, at Developer's expense, all external and internal subdivision improvements required to comply with City ordinances, regulations, and policies governing subdivision approval for the Plat, including Deferred Improvements as shown in Exhibit 2 and Exhibit 3. b. Deferred Improvements are to be completed in conformance with the City's engineering standards by October 31, 2026. c. No building permit for vertical structures shall be issued for any portion of the real property that is subject to the Plat until the Deferred Improvements are constructed. 5. Time is of the Essence. Time is of the essence in the performance of this Agreement. 6. Improvements Approval. Detailed construction drawings must be provided by the Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction of the Deferred Improvements. 7. Improvements Construction Standards. The Developer shall construct the Deferred Improvements in accordance with the City's engineering standards in effect at the time of construction and in accordance with the construction drawings approved by the City departments pursuant to the section above. 8. Acceptance of Improvements. Upon completion of all Deferred Improvements by the Developer as verified by the Assistant City Manager and Director of Development Services and within the time period stated in this Agreement, acceptance of the Deferred Improvements by the City Engineer, the Developer is released from the obligation to notify purchasers of lots of this Agreement. 9. Warranty. Developer fully warranties the workmanship of and function of the Deferred Improvements and the construction thereof for a period of two years for streets, curbs, gutters, and sidewalks and one year for all other improvements from and after the date of acceptance of the improvements by the City Engineer. 10. Default. a. If Developer defaults in any of its covenants or obligations under this Agreement, the Developer shall have 30 days from the date the written notice is sent to cure the default. If the Developer fails to cure the default within 30 days, the City may seek the following remedies: I. Vacation of the Plat; II. Denial of building permits for any vertical structures on any portion of the real property that is the subject of the Plat; and/or III. Denial of Certificate of Occupancy for any structure on any portion of the real property that is the subject of the Plat. Page 3 of 6 Deferment Agreement – No Financial Security b. The City is not responsible for constructing or completing any Deferred Improvements. 11. Notice. Any notice required or permitted to be given by either party shall be in writing and must be provided by personal delivery, fax, or certified United States mail, postage prepaid, return receipt requested, and notice is deemed sufficiently given if addressed to the appropriate party at the address shown for the party in the signature block of this Agreement or faxed to the fax phone number shown in the signature block for the party. By notifying the other in accordance with the provisions of this section, any party may specify a different address or addressee for notice purposes. 12. Building Permits and Certificate of Occupancy. The City reserves the right not to issue building permits and certificates of occupancy for all or any portion of the real property that is the subject of the Plat until the Deferred Improvements are constructed, installed in working order, and accepted by the City Engineer in accordance with the provisions of this Agreement. 13. Assignment. No party may assign this Agreement or any rights under this Agreement without the prior written approval of the other party and by amendment to this Agreement. 14. Covenant Running with the Land. By execution of this Agreement, the Developer covenants to construct the Deferred Improvements required by this Agreement, and this covenant shall be a covenant running with the land. Therefore, at the Developer's expense, the City shall file this Agreement with the Official Public Records of Real Property of Nueces County. 15. Lot Conveyance The Developer shall include a provision in all contracts, deeds, and instruments of conveyance for the sale of any lot within the Plat to provide notice of this Agreement by referencing its recorded document number and providing a brief summary of its contents, including Sections 4, 10, and 12. 16. INDEMNIFICATION. DEVELOPER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, ARISING OUT OF OR RELATED TO THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER SUCH CLAIM IS CAUSED IN PART BY THE NEGLIGENCE OF THE CITY. DEVELOPER’S DUTY TO DEFEND AND INDEMNIFY SHALL APPLY REGARDLESS OF THE MERITS OF THE UNDERLYING CLAIM AND SHALL REMAIN IN EFFECT EVEN IF CITY IS ULTIMATELY DETERMINED TO BE SOLELY AT FAULT. 17. Modifications. No changes or modifications to this Agreement may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. 18. Severability. Page 4 of 6 Deferment Agreement – No Financial Security If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application thereof to any person or circum- stance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. 19. Disclosure of Interest. The Developer shall, in compliance with Section 2-349 of the City's Code of Ordinances, complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit 4, the contents of which, as a completed form, are incorporated in this Agreement by reference as if fully set out here in its entirety. 20. Compliance with Laws. The Developer shall comply with all federal, state, and local laws, regulations, and rules applicable to the performance of this Agreement. 21. Governing Law and Venue. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from or pursuant to this Agreement shall be brought in Nueces County, Texas. 22. Strict Performance. Strict performance of the provisions of this Agreement by the Developer is required by the City as a condition of this Agreement. The Developer specifically acknowledges and agrees that failure by the Developer to adhere or comply with any term, condition, or requirement of this Agreement constitutes a default of this Agreement. 23. Authority to Act. All signatories to this Agreement warrant and guarantee that they have the authority to act on behalf of the person or entity represented and make this Agreement binding and enforceable by their signature. 24. Termination. This Agreement terminates upon acceptance of all Deferred Improvements by the City, completion of all Deferred Improvements by the City, or upon plat vacation. 25. Effective Date. This Agreement is executed in one original document. This Agreement becomes effective and is binding upon and inures to the benefit of the City and Developer and their successors and assigns from and after the date the Agreement has been executed by all signatories. Attached and incorporated by reference into this Agreement: Exhibit 1 – Plat Exhibit 2 – Required Public Improvements Exhibit 3 – Cost Estimate for Public Improvements Exhibit 4 – Disclosure of Interests Deferment Agreement – No Financial Security Page 5 of 6 EXECUTED IN ONE ORIGINAL BY THE DEVELOPER AND CITY. DEVELOPER Solid Rock Commercial Properties Ltd 102 Airport Rd, Corpus Christi, TX 78405 _______________________________________________ Adriana Ortiz President of SRCP Management, LLC General Partner of Solid Rock Commercial Properties, Ltd THE STATE OF _________________ § § COUNTY OF ___________________ § This instrument was acknowledged before me on ______________________, 2025, by Adriana Ortiz, President of SRCP Management, LLC, on behalf of Solid Rock Commercial Properties, Ltd. ________________________________________ Notary Public's Signature Deferment Agreement – No Financial Security Page 6 of 6 CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Office (361) 826-4428 Fax _______________________________________________ Michael Dice, Director of Development Services THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on ______________________, 2025, by Michael Dice, Director of Development Service for the City of Corpus Christi, Texas. ________________________________________ Notary Public's Signature Approved to Legal Form: ___________ ______________________________ Buck Brice Deputy City Attorney © 2023 Microsoft Corporation © 2023 TomTom PROJECT LOCATION EXHIBIT 1 © 2023 Microsoft Corporation © 2023 TomTom PROJECT LOCATION © 2023 Microsoft Corporation © 2023 TomTom S T A T E OF TEXA S P R O FESSIONAL E N G I NEER LICENS E D MICHAEL C. YORK 124938 PUBLIC IMPROVEMENT PLANS CORPUS CHRISTI, TEXAS CALL BEFORE YOU DIG! 811 FOR PROJECT LOCATION Alex Harmon Digitally signed by Alex Harmon Date: 2024.09.18 11:06:12 -05'00' (;+,%,7 S T A T E OF TEXAS P R O FESSIONAL E N G I NEER LICENS E D MICHAEL C. YORK 124938 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS S T A T E OF TEXAS P R O FESSIONAL E N G I NEER LICENS E D MICHAEL C. YORK 124938 S T A T E OF TEXAS P R O FESSIONAL E N G I N EER LICENS E D MICHAEL C. YORK 124938 S T A T E OF TEXAS P R O FESSIONAL E N G I N EER LICENS E D MICHAEL C. YORK 124938 S T A T E OF TEXAS P R O FESSIONAL E N G I NEER LICENS E D MICHAEL C. YORK 124938 S T A T E OF TEXAS P R O FESSIONAL E N G I NEER LICENS E D MICHAEL C. YORK 124938 S T A T E OF TEXAS P R O FESSIONAL E N G I NEER LICENS E D MICHAEL C. YORK 124938 S T A T E OF TEXAS P R O FESSIONAL E N G I NEER LICENS E D MICHAEL C. YORK 124938 S T A T E OF TEXAS P R O FESSIONAL E N G I NEER LICENS E D MICHAEL C. YORK 124938 S T A T E OF TEXAS P R O FESSIONAL E N G I NEER LICENS E D MICHAEL C. YORK 124938 S T A T E OF TEXAS P R O FESSIONAL E N G I NEER LICENS E D MICHAEL C. YORK 124938 UNPAVED AREAS PAVED AREAS S T A T E OF TEXAS P R O FESSIONAL E N G I NEER LICENS E D MICHAEL C. YORK 124938 S T A T E OF TEXAS P R O FESSIONAL E N G I NEER LICENS E D MICHAEL C. YORK 124938 S T A T E OF TEXAS P R O FESSIONAL E N G I NEER LICENS E D MICHAEL C. YORK 124938 S T A T E OF TEXAS P R O FESSIONAL E N G I NEER LICENS E D MICHAEL C. YORK 124938 ͺȀʹͲȀʹͲʹͷ ͳ ͲǤͲ ͺǡͲͲͲǤͲͲ̈́ Ǧ̈́ ʹ ȋǦ Ȍ Ͳ ͷͲǤͲͲ̈́ Ǧ̈́ ͵ ȋǦ Ȍ Ͳ ͷͲǤͲͲ̈́ Ǧ̈́ Ͷ ȗȗ͵Ǥͷ̶ ȋ Ȍ Ͳ Ǧ̈́ Ǧ̈́ ͷ ȗȗͶ̶ ȋ Ȍ Ͳ Ǧ̈́ Ǧ̈́ ͺ̶ ͳʹǡͺ͵ͻ ͳͷǤͲͲ̈́ ͳͻʹǡͷͺͷǤͲͲ̈́ ̶ ȋǤǡ ǤͳǦʹȌ ͳǡ͵ ʹͷǤͲͲ̈́ ͶͲǡͻͲͳǤͷ̈́ ͺ ȗȗͳ̶ ȋǤǡ ǤͳǦʹȌȋ Ȍ Ͳ Ǧ̈́ Ǧ̈́ ͻ ͳʹ̶ͳǡ͵ ͵ǤͷͲ̈́ ͷǡʹǤͲͲ̈́ ͳͲ ȗȗͺ̶ȋ ͻȌ Ͳ Ǧ̈́ Ǧ̈́ ͳͳ ȋ Ȍ ʹͳǡͲͲͲǤͲͲ̈́ ʹǡͲͲͲǤͲͲ̈́ ͳʹ ȋͶǦʹȌ ʹ͵ǡͷͲͲǤͲͲ̈́ ǡͲͲͲǤͲͲ̈́ Ǧǣ ʹͶͺǡʹͳʹǤͷ̈́ ȗȗ ǡǡƬͻ ͳ ͳʹ̶Ͳ ͳͲ͵Ǥʹ̈́ Ǧ̈́ ʹ ̵ʹ̵Ͳ ͵ʹǤͲͲ̈́ Ǧ̈́ ͵ Ͳ ͶǤͲͲ̈́ Ǧ̈́ Ͷ Ͷ̶ Ͳ ͳʹǤͲͲ̈́ Ǧ̈́ ͷ ǤǤǤȋͳʹ̶Ȍ Ͷ ʹǡͳͲͲǤͲͲ̈́ ͺǡͶͲͲǤͲͲ̈́ ǤǤǤȋʹȌ Ͳ ǡͷͲͲǤͲͲ̈́ Ǧ̈́ Ǧǣ ͺǡͶͲͲǤͲͲ̈́ ͳ ͺ̶ǦͻͲͲ Ͳ ͳǤͲͲ̈́ Ǧ̈́ ʹ ͺ̶ͳͳǤʹͷ Ͳ ͷǤͲͲ̈́ Ǧ̈́ ͵ ͺ̶ʹʹǤͷ Ͳ ͳͲǤͲͲ̈́ Ǧ̈́ Ͷ ͺ̶Ͷͷ Ͳ ͺͲͲǤͲͲ̈́ Ǧ̈́ ͷ ͺ̶ͺ̶Ǥ ǤͲ ͷͲǤͲͲ̈́ Ǧ̈́ ͺ̶ Ͳ ʹǡʹͺͷǤͲͲ̈́ Ǧ̈́ Ͳ ǡͲͲǤͲͲ̈́ Ǧ̈́ ͺ Ͳ ͳͷǤͲͲ̈́ Ǧ̈́ ͻ ͺ̶ Ȁʹ̶Ͳ ͳǡͳͲͲǤͲͲ̈́ Ǧ̈́ ͳͲ ͺ̶ͺ̶ Ͳ ǡ͵ͲͲǤͲͲ̈́ Ǧ̈́ ͳͳ ͺ̶ Ͳ ͶǡͺͲͲǤͲͲ̈́ Ǧ̈́ ͳʹ Ǥͺ̶Ͳ ͵ǡʹͲͲǤͲͲ̈́ Ǧ̈́ Ǧǣ Ǧ̈́ ͳ ͺ̶ʹȋ̵ͺ̵Ȍ ͵ͷ ͳǤͲͲ̈́ ʹͷǡ͵ʹͷǤͲ̈́ ʹ ͺ̶ʹȋͺ̵ͳͲ̵Ȍ ͷͻͻ ͺͳǤͻ̈́ ͶͻǡͲͻǤͶͷ̈́ ͵ ͺ̶ʹȋͳͲ̵ͳʹ̵Ȍ ͻͲͳ ͺǤͻͷ̈́ ͻǡͳͻͺǤͻͺ̈́ Ͷ ͺ̶ʹȋͳʹ̵ͳͶ̵Ȍ ͵ͷͷ ͳͲͳǤͻ̈́ ͵ǡͳͺͻǤͳͷ̈́ ͷ ʹǡʹͳͳ ͶǤͲͲ̈́ ͺǡͺͶ͵ǤʹͲ̈́ ʹǡʹͳͳ ͶǤͻͻ̈́ ͳͳǡͲ͵ͳǤͺͻ̈́ ǦʹͲͲ ͶͺǤͲͲ̈́ ͻǡͲͲǤͲͲ̈́ ͺ Ͷ̵ȋ̵ͺ̵Ȍ ʹ ͻǡͺͲͲǤͲͲ̈́ ͳͻǡͲͲǤͲͲ̈́ ͻ Ͷ̵ȋͺ̵ͳͲ̵Ȍ ͳ ͳͲǡͳͲͲǤͲͲ̈́ͳͲǡͳͲͲǤͲͲ̈́ ͳͲ Ͷ̵ȋͳͲ̵ͳʹ̵Ȍ Ͷ ͳͳǡͷͲͲǤͲͲ̈́ͶǡͲͲͲǤͲͲ̈́ ǡͳ ͵ͺǤͳ͵ ǡͳͷ 3DJHRI (;+,%,7 ͺȀʹͲȀʹͲʹͷ ͳͳ Ͷ̵ȋͳʹ̵ͳͶ̵Ȍ ͵ ͳʹǡͲͲͲǤͲͲ̈́͵ǡͲͲͲǤͲͲ̈́ ͳʹ ͺ̶ȋͳͶ̵ͳ̵Ȍ ͳ ͵ǡʹͲͲǤͲͲ̈́͵ǡʹͲͲǤͲͲ̈́ Ǧǣ ͵͵ͶǡͳͷͺǤ͵̈́ ͳ Ͳ ͵ǡͷͲͲǤͲͲ̈́Ǧ̈́ ʹ Ͳ ͳͷͲǤͲͲ̈́Ǧ̈́ ͵ ʹǡͷͲͲ ǤͷͲ̈́ ͳͺǡͷͲǤͲͲ̈́ Ͷ Ǧ Ƭ ʹ ͲǤͷ̈́ͳǤͷͲ̈́ ͷ Ͷ̶ ǤͶͲȋȌ ͵ͲͲ ʹͲǤͲͲ̈́ǡͲͲͲǤͲͲ̈́ Ͷ̶ ǤͶͲ ȋȌ͵ͲͲ ʹͲǤͲͲ̈́ǡͲͲͲǤͲͲ̈́ Ͳ ͷǡͲͲͲǤͲͲ̈́Ǧ̈́ Ǧǣ ͵ͲǡͷͳǤͷͲ̈́ ǣ ʹͳǡͷʹʹǤʹ̈́ 3DJHRI S T A T E OF TEXA S P R O F ESSIONA L E N G I N EER LICEN S E D MICHAEL C. YORK 124938 (;+,%,7 DEFERMENT AGREEMENT FOR DEFERRED IMPROVEMENTS AT SOLID ROCK INDUSTRIAL PARK – PHASE 1 DEFERMENT AGREEMENT Motion authorizing city manager or designee to execute a Deferment Agreement (“Agreement”) with Solid Rock Commercial Properties, Ltd (“Developer”), for the construction of paving, storm sewer, water, and sanitary sewer improvements at Solid Rock Industrial Park – Phase 1. For Deferred Improvements LOCATION MAP FOR DEFERRED IMPROVEMENT City of Corpus Christi3 TOTAL COST ESTIMATE City of Corpus Christi4 For Deferred Improvements Improvements Cost 1.Paving $ 248,212.75 2.Storm Water $ 8,400.00 3.Water $ 0.00 4.Sanitary Sewer $ 334,158.37 5.Miscellaneous $ 30,751.50 TOTAL:$ 621,522.62 FINANCIAL SECURITY – DEVELOPER FOR DEFERRED IMPROVEMENT • Developer will construct deferred improvements at Developer’s expense. • Improvements to be completed and approved by City’s engineers by October 31, 2026. • Deferment Agreement without Financial Security in the amount of 110% of the deferred cost estimate. • Developer provides full warranties. FINANCIAL SECURITY - CITY City of Corpus Christi6 For Deferred Improvements • If the Developer Defaults, the City may seek: • Vacation of the Plat • Denial of building permits • Denial of Certificate of Occupancy • The City is not responsible for the deferred improvements. RECOMMENDATION • Staff recommends approval of the deferment agreement with Solid Rock Commercial Properties, Ltd. • The request submitted by the applicant is in accordance with UDC Section 8.1 and Section 3.30. FOR INFRASTRUCTURE IMPROVEMENT Thank you! DATE: October 21, 2025 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks & Recreation RobertD4@cctexas.com (361) 826-3133 Juan Rivera, Interim Director of Asset Management Juanr7@cctexas.com (361) 826-3173 CAPTION: Resolution authorizing the reuse of city parkland for the Civitan Service Center to be located at Sacky Park in Council District 3. SUMMARY: This resolution will authorize the reuse of public land designated and used as a park and recreation area for operational use at the City’s industrial center on Civitan Drive. BACKGROUND AND FINDINGS: On September 17, 2024, City Council approved the City of Corpus Christi’s FY 2025 Capital Improvement Program (CIP) for a total of $1 billion with 646 projects. The approved FY 2025 CIP includes projects for various City services such as streets, parks and recreation, public safety, and improvements to public facilities. One of the projects approved was project number 25133, Asset Management - Service Center Facilities, which includes the full design only of service center facilities located at the City’s industrial operations center on Civitan Drive. Project number 25133 consists of a combination of designs for City buildings, designs for renovations to existing buildings, and designs for improved parking areas. This project, once complete, will provide the design concept for adequate office space for administrative staff, parking areas for staff and fleet vehicles, and equipment to maintain and repair City fleet vehicles. All designs will be based on project funding availability and the Service Center Master Plan which distinguishes land requirements for Asset Management, Public Works, Corpus Christi Water, Animal Care Services, Parks and Recreation, and the Police Department at the City’s industrial operations center on Civitan Drive. Reuse of City Parkland for the Civitan Service Center to be Located at Sacky Park AGENDA MEMORANDUM Public Hearing and Resolution for the City Council Meeting October 21, 2025 After the passage and adoption of the FY 2025 CIP, Asset Management finalized the Service Center Master Plan and identified the land designated as Sacky Park to be the best suited public land to be reused for the enhancement of City services at its operations hub because there was no feasible or prudent alternative. Sacky Park is located at 2719 Sacky Drive and encompasses approximately seven acres of mixed-use park space. Sacky Park is positioned against the border of the City’s industrial operations center which is home to 85 acres of various City operations like Animal Care Services, Facility Maintenance, Fleet Maintenance, Parks & Recreation, Police, Public Works, Solid Waste, Stormwater, Streets, and Water Utilities. In addition to housing the numerous facilities that serve various functions, the City operations center also store s materials and equipment such as gravel, dirt, crushed limestone, City vehicles, heavy machinery, and much more, worth millions in taxpayer dollars. As a matter of course, Sacky Park ’s land use is incompatible with the use of the land around it. Due to Sacky Park’s location, casual public park access has presented a higher degree of public safety challenges to the bordering City operations center that houses valuable City assets and materials. Over the last five years, there have been 34 total instances of crimes against people, crimes against property, and vandalism, all of which have negatively affected the City’s resources. In addition to the public safety challenges, Asset Management also determined that the City departments that operate out of the industrial complex have grown at a service rate that can no longer be sustained by the current allotments of land. For example, on average, the Fleet maintenance center services 19 City departments with 167 vehicles and pieces of equipment on site daily, reaching around 215 units during peak season. However, the current maintenance center can only support 200 units, causing lags in service during peak times. As the centralized fleet continues to grow at an average rate of 3% per year, the fleet maintenance workload will continue to rise, increasing the pressure for additional space to meet service demand. Furthermore, the Public Works Department, which facilitates critical City operations like Streets, Stormwater, and Traffic, has expanded services by approximately 42% since FY 2020. As a result, the need for employee accommodation at the operations center such as parking and storage space for fleet items and materials has not matched this growth. If approved, the Sacky Park land would alleviate these issues, increase connectivity of the Public Works Department, and improve emergency accessibility as demonstrated in the Service Center Master Plan. Other City functions that would benefit from the expansion of the Civitan Service Center into Sacky Park include material storage for Parks and Recreation, a replacement fleet facility for the non- ADA compliant site, and increased vehicle and equipment parking for daily fleet operations. In exploring all options to solve the issues of public safety and service growth at the Civitan operations center, the taking of 1.5 acres of public land at Sacky Park is presented as the most viable solution. After conducting a Nothing Further title search, the City determined that the Sacky Park land has no deed restrictions requiring that the area must remain a park. Therefore, pursuant to Texas Parks and Wildlife Code Title 3 Chapter 26, the city has determined there is no feasible or prudent alternative to the use or taking of 1.5 acres of designated as Sacky Park land. The supporting exhibit documents show the proposed 1.5 acres. Project 25133, Asset Management – Service Center Facilities, will begin in September 2025, after the approval of the resolution. ALTERNATIVES: The alternative is to reject the proposed repurposing of 1.5 acres of public land, and the City will have to look for other properties and options to meet its growth and public safety needs for the Civitan Service Center. Furthermore, the City would need to rehire an architect and engineer consultant to revise the Service Center Master Plan, costing the City thousands in unbudgeted consultant fees. FISCAL IMPACT : There is no fiscal impact proposed with this item. LIST OF SUPPORTING DOCUMENTS: Resolution Service Center Master Plan Aerial Satellite Map Capital Improvement Page 165 Resolution authorizing the reuse of city parkland for the Civitan Service Center to be located at Sacky Park in Council District 3. WHEREAS, on September 17, 2024, the Corpus Christi City Council approved the Civitan Service Center (Service Center) Master Plan; WHEREAS, the Public Works Department has identified that the best location to expand the Service Center in the boundaries of Sacky Park, based on the Service Center Master Plan; WHEREAS, the reuse will provide additional parking for fleet and service vehicles, storage space for fleet items and materials, storage space for materials storage for the Parks & Recreation Department, vehicle and equipment parking for daily fleet operations, and additional parking for employees; and WHEREAS, reuse of the Service Center constitutes a park use under Texas Parks and Wildlife Code §26.001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi, upon holding a public hearing, finds that there is no feasible and prudent alternative to the use or taking of such land; and the Service Center project includes all reasonable planning to minimize harm to the land, as a park, recreation area, scientific area, wildlife refuge, or historic site, resulting from the use or taking. SECTION 2. The proposed reuse of the Service Center is authorized to be located at Sacky Park in Council District 3. PASSED and APPROVED on the _____ day of ________________, 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary LEGEND SACKY PARK PUBLIC WORKS ASSET MANAGEMENT PARKS & RECREATION POLICE CORPUS CHRISTI WATER ANIMAL CARE SERVICES CORPUS CHRISTI GAS SOLID WASTE SACKY DRIVE HOLLY ROAD RI C H T E R S T R E E T AY E R S S T R E E T Expansion of the Civitan Service Center into Sacky Park City Council Meeting October 21, 2025 Topics of Discussion City Service Center on Civitan Drive Sacky Park Service Center and Sacky Park Challenges Masterplan and the Redistribution of Public Land City Service Center on Civitan Drive 5.5 acres 1.5 acres DATE: October 21, 2025 TO: Peter Zanoni, City Manager FROM: Nicholas Winklemann, P.E. Interim Chief Operations Officer for Corpus Christi Water NickW@cctexas.com (361) 826-1796 CAPTION: One-Reading ordinance authorizing execution of a Groundwater Rights Purchase and Sale Agreement with Evangeline/Laguna, LP in the amount of $169,491,700.00; execution of an Interlocal Cooperation Agreement with the City of Sinton and an Agreement with St. Paul Water Supply Corporation for possible remediation activities due to the Evangeline Groundwater Project; and amending the FY 2026 Capital Budget, with FY 2026 funding available from Water Capital Fund. SUMMARY: BACKGROUND AND FINDINGS: Evangeline/Laguna, LP is an agreement for the purchase of groundwater rights to approximately 22,789 acres of real property located in San Patricio County adjacent to U.S. Highway 181 and U.S. Highway 77 (I-69). The groundwater rights project is located within the San Patricio Groundwater Conservation District. During the September 23rd council meeting, Council approved the negotiated term sheet for fee simple groundwater rights. The negotiated contract includes a purchase price of $7,437 for 22,789 acres of groundwater rights, totaling approximately $169,491,700. As part of the purchase, surface use agreements and surface accommodation agreements will be provided to the City. The negotiated contract also includes a $1,000,000 earnest and option payment for a 120-day inspection period with an additional $3,250,000 to be escrowed at the end of the inspection period and applied to the purchase price at closing. The seller will have 180 days after the inspection period to provide final, non-appealable permits for twenty-two wells, production permit, and transport permit with closing to occur sixty days after all permits are obtained. Pre-engineering has begun to review surface use agreements, identify well locations, determine alignment for water line and electrical infrastructure, locate the required pump station, and integrate the groundwater source with the conveyance of the Mary Rhodes Pipeline. Hydrogeologic modeling is also being conducted to determine long term safe pumping for the well Groundwater Rights Purchase and Sale Agreement with Evangeline/Laguna, LP AGENDA MEMORANDUM First Reading for the City Council Meeting of October 21, 2025 field. ALTERNATIVES: An alternative would be to defer the acquisition of an additional water supply. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY26 in the amount of $169,491,700.00 coming from Water Capital Funds. As this item was not part of the Adopted Capital Budget for FY26 an amendment to the budget is needed and a corresponding reimbursement resolution that authorizes the expenditure of the funds. FUNDING DETAIL: Fund: 4492 – Water CIP Organization: 89 – Grants & Capital Department: 45 - Water Activity: 27100 – Evangeline/San Patricio Co. Groundwater Program Account: 530040 - Water rights/royalty/row expenses RECOMMENDATION: Staff recommends the execution of a Groundwater Rights Purchase and Sale Agreement with Evangeline/Laguna, LP in the amount of $169,491,700.00 and amending the FY26 Capital budget. LIST OF SUPPORTING DOCUMENTS: Groundwater Rights Purchase and Sale Agreement with Evangeline/Laguna, LP Interlocal Cooperation Agreement with City of Sinton One-Reading ordinance authorizing execution of a Groundwater Rights Purchase and Sale Agreement with Evangeline/Laguna, LP in the amount of $169,491,700.00; execution of an Interlocal Cooperation Agreement with the City of Sinton and an Agreement with St. Paul Water Supply Corporation for possible remediation activities due to the Evangeline Groundwater Project; and amending the FY 2026 Capital Budget, with FY 2026 funding available from Water Capital Fund. WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the City’s residents; WHEREAS, the purpose of the Evangeline Groundwater Project is to transport 28,486 acre feet of groundwater per year from San Patricio County to Nueces County, Texas for use in the City of Corpus Christi CCN; WHEREAS, 22 drilling permits with a term of at least three years and a transport permit for 28,486 acre feet is required from the San Patricio Groundwater Conservation District; and WHEREAS, City Council is concurrently authorizing a Reimbursement Resolution and will authorize the sell of bonds to finance the purchase of the groundwater rights and design and construction costs for the Evangeline Groundwater Project. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. SECTION 2. Funding in the amount of $169,491,700.00 is appropriated into the Water Capital Fund. SECTION 3. The Corpus Christi FY2025-2026 Capital Budget adopted by Ordinance No. 033731 is amended to increase revenues and expenditures by $169,491,700.00 SECTION 4. After receipt of the survey, the City Manager or designee is authorized to execute a Groundwater Rights Purchase and Sale Agreement for the purchase of approximately 22,789 acres of groundwater rights located in San Patricio County from Evangeline/Laguna, LP in an amount up to $169,491,700. SECTION 5. Closing of the transaction is authorized when Evangeline/Laguna, LP receives final, non-appealable permits required under the San Patricio County Groundwater Conservation District’s (“District”) rules for (1) drilling a total of 22 new groundwater wells on the Real Property (the “Drilling Permits”) of sufficient design to produce water for municipal use, (2) approval for the assignment of that certain Water Well Production Permit issued in the name of Evangeline/Laguna, LP dated May 16, 2019, and renewed on January 21, 2025 (the “Production Permit”), and (3) a transportation permit authorizing the transport of no fewer than 28,486 acre feet per year of Groundwater outside the boundaries of the District for use within the City of Corpus Christi’s service area (the “Transport Permit”). (These permits are required by the City of Corpus Christi.) SECTION 6. The City Manager or designee is authorized to execute an Interlocal Agreement with the City of Sinton for possible remediation activities to be performed by the City of Corpus Christi due to the Evangeline groundwater project. SECTION 7. The City Manager or designee is authorized to execute an Agreement with the St. Paul Water Supply Corporation for possible remediation activities to be performed by the City of Corpus Christi due to the Evangeline groundwater project. SECTION 8. This section constitutes a written request by the mayor or majority of the members of the Council for this ordinance to be passed finally on the date of introduction due to emergency. The City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs; and suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure. PASSED and APPROVED on the _____ day of ________________, 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary C:\Users\elisas\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\E4WGSD9T\CCC-ST PAUL WSC Groundwater Wells.doc 1 AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND ST. PAUL WATER SUPPLY CORPORATION FOR POSSIBLE REMEDIATION ACTIVITIES DUE TO THE EVANGELINE GROUNDWATER PROJECT This Agreement (“Agreement”) is made by and between the City of Corpus Christi, Texas (“Corpus Christi”), a municipal corporation and home-rule city of the State of Texas, acting by and through its governing body, the City Council, and the St. Paul Water Supply Corporation, a Texas Nonprofit Corporation, acting by and through its board of directors, (“St. Paul WSC”). Corpus Christi and St. Paul WSC are sometimes referred to in this Agreement as “Parties” and individually as a “Party”. WHEREAS, St. Paul WSC has two active wells located at 10441 County Road 2323, Sinton, San Patricio County, Texas: (1) Colton St/Old Well and (2) Colton St/New Well (“St. Paul WSC Wells”) shown Exhibit A to provide water to its customers; WHEREAS, the St. Paul WSC Wells has a production capacity of 0.212 MGD with water quality consisting of chloride concentrations of 120 mg/l and TDS of 640 mg/l; WHEREAS, Colton St/Old Well and was drilled in 1967 with a ___-inch stainless steel pipe and screens to a depth of ft; WHEREAS, Colton St/New Well was drilled in 1995 with a __-inch stainless steel pipe and screens to a depth of ft; WHEREAS, baseline water quality data for the St. Paul WSC Water System is attached as Exhibit B (“Baseline Water Quality”); and WHEREAS, Corpus Christi is developing a groundwater project east of the St. Paul WSC Wells with expectations to pump 28,486 acre feet of water per year (“Evangeline Project”). NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI, TEXAS, AND THE ST. PAUL WATER SUPPLY CORPORATION, SAN PATRICIO COUNTY, TEXAS: The parties agree that neither party is an agent, servant or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives and agents. SECTION 1. St. Paul WSC Responsibilities. 1.1 St. Paul WSC shall operate and maintain its wells and water system, including any improvements or additions that Corpus Christi may construct under this Agreement for St. Paul WSC’s water system. 1.2 St. Paul WSC shall notify Corpus Christi Water (CCW) of any of the following events: C:\Users\elisas\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\E4WGSD9T\CCC-ST PAUL WSC Groundwater Wells.doc 2 a. Mechanical failure of St. Paul WSC’s systems; b. Water quality differs significantly from the Baseline Water Quality; c. Water quantity from any St. Paul WSC Well is less than 125 or 72 GPM. 1.3 Investigation. St. Paul WSC shall participate in any investigation of water quality or water quantity issues that St. Paul WSC deems attributable to the Evangeline Project. 1.4 Interconnect. Corpus Christi will construct an interconnection, including pipelines, valves and a meter, to Corpus Christi’s Evangeline wellfield to provide emergency water to St. Paul WSC (“Interconnection”). a. St. Paul WSC must notify CCW within 48 hours of its intent to use the Interconnection. b. If the Interconnection is required due to 1.2.a or any other cause not attributable to Corpus Christi, St. Paul WSC shall use the Interconnection for 60 days at no cost. Beginning on day 61 until the Interconnection is turned off, St. Paul WSC shall pay the Corpus Christi’s published raw water rate for all Interconnection water. c. If the Interconnection is required due to the Evangeline project, St. Paul WSC shall not be charged for the Interconnection water until Corpus Christi remedies the issue and the water quality and/or quantity is restored in the St. Paul WSC Wells. 1.5 Permits. St. Paul WSC shall obtain, at Corpus Christi’s cost, all permits required by the San Patricio Groundwater Conservation District for remediation required in 2.3.a. SECTION 2. Corpus Christi Responsibilities. 2.1 Corpus Christi shall employ engineers and hydrogeologists to assist in the development and construction of the Evangeline Project. 2.2 Investigation. Within 24 hours of notification by St. Paul WSC of water quality or water quantity issues, CCW shall perform an onsite investigation to determine the cause. 2.3 Remediation. a. If CCW determines the cause is the Evangeline Project, CCW shall implement a plan to remedy the issue that may include (1) drilling a deeper well in the existing location; (2) drilling a new well; (3) providing Interconnection water at no cost; (4) a combination of remedies; and/or (5) a mutually agreeable remedy. b. If CCW determines the cause is not the Evangeline Project, CCW shall hire a third party investigator to determine the cause. If the investigator determines that the cause is not the Evangeline Project, St. Paul WSC is responsible for all costs to remedy the issue. St. Paul WSC may use the Interconnection as detailed in section 1.4. SECTION 3. TERM OF AGREEMENT AND TERMINATION. C:\Users\elisas\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\E4WGSD9T\CCC-ST PAUL WSC Groundwater Wells.doc 3 3.1 Effective Date. The effective date of this Agreement is the date on which all parties have executed this Agreement. 3.2 Term. This Agreement shall be for a term of fifty years beginning on the Effective Date and may be administratively renewed upon written agreement of the parties. 3.3 Termination. Either party may terminate this Agreement by: a. giving written notice to the other party if the other party (“Defaulting Party”) materially breaches any term, condition or provision of this Agreement and fails to cure the breach to the satisfaction of the notifying party within 30 days after the Defaulting Party receives a written notice of the breach from the notifying party; or b. mutual agreement of both parties. SECTION 4. PAYMENTS. 4.1 Any payment made by either the Corpus Christi or St. Paul WSC for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such parties All funding obligations of Corpus Christi under this Agreement are subject to the appropriation of funds in its annual budget. 4.2 Corpus Christi shall invoice St. Paul WSC for water used under section 1.4.b. and St. Paul WSC shall pay within 30 days of receipt. SECTION 5. GENERAL PROVISIONS. 5.1 Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either St. Paul WSC or Corpus Christi in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. 5.2 Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. 5.3 Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. 5.4 Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. C:\Users\elisas\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\E4WGSD9T\CCC-ST PAUL WSC Groundwater Wells.doc 4 The initial addresses of the parties, which one party may change by giving written notice of its changed address to the other party, are as follows: Corpus Christi St. Paul WSC Peter Zanoni Jack Bishop City Manager Director City of Corpus Christi St. Paul WSC 1201 Leopard, 5th Floor 10441 County Road 2323 Corpus Christi, Texas 78401 Sinton, Texas 78387 361-424-2397 Corpus Christi Water Emergency Contact: Jose Sandoval 361-528-3512 Nick Winkelmann 361-533-4616 cell Interim Chief Operating Officer NickW@cctexas.com 361-826-1796 4.5 Non-Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 4.6 Successors. This Agreement shall bind and benefit the parties and their legal successors. 4.7 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. 4.8 Relationship of Parties. In performing this Agreement, Corpus Christi and St. Paul WSC shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 4.9 Disputes. Each party agrees that any dispute between the parties relating to this Agreement will first be submitted in writing to a panel of two senior executives of Corpus Christi and St. Paul WSC, who shall promptly meet and confer in an effort to resolve such dispute through good faith consultation and negotiation. Each party’s executives shall be identified by notice to the other party and may be changed at any time thereafter also by notice to the other party. Any decisions of the executives will be final and binding on the parties, unless approval by the boards of the parties is required by law. In the event the executives are unable to resolve C:\Users\elisas\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\E4WGSD9T\CCC-ST PAUL WSC Groundwater Wells.doc 5 any dispute within 30 days after submission to them, either party may then refer such dispute to mediation. If the parties refer to mediation any controversy or claim arising out of or relating to this Agreement or the existence, validity, breach or termination thereof, whether during or after its term, they shall select a mutually acceptable mediator within 45 days thereafter. Neither party shall unreasonably withhold consent to the selection of a mediator. The parties shall share equally the costs of mediation. If the parties agree, they may substitute other forms of alternative dispute resolution. Any mediation shall not extend beyond 30 days after the appointment of the mediator, and should the parties fail to resolve any dispute by mediation within such 30-day period, the parties shall have all rights available at law or in equity. 4.10 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and it shall be performable in Nueces County, Texas. IN WITNESS WHEREOF, Corpus Christi and St. Paul WSC have made and executed this Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI ST. PAUL WSC Director of Engineering Services Date Jack Bishop, Director Date ATTEST: City Secretary Date APPROVED AS TO FORM: Assistant City Attorney Date EXHIBIT A C:\Users\elisas\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\E4WGSD9T\CCC-ST PAUL WSC Groundwater Wells.doc 6 EXHIBIT B C:\Users\elisas\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\E4WGSD9T\CCC-ST PAUL WSC Groundwater Wells.doc 7 EXHIBIT B C:\Users\elisas\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\E4WGSD9T\CCC-ST PAUL WSC Groundwater Wells.doc 8 Page 1 of 33 GROUNDWATER RIGHTS PURCHASE AND SALE AGREEMENT This Groundwater Rights Purchase and Sale Agreement (this “Agreement”) is made and entered into by and between EVANGELINE LAGUNA, LP, a Texas limited partnership (“Seller”), and the CITY OF CORPUS CHRISTI, a home rule Texas municipality (“Buyer”). RECITALS 1. Seller is the owner of certain “Groundwater Rights” (as defined below) beneath the surface of that certain real property located in the San Patricio County, Texas, as more particularly described in Exhibit A attached hereto and incorporated herein for all purposes (the “Real Property”). Seller does not own the surface of the Real Property, and the sole rights of access through the surface of the Real Property are provided by the Surface Use Agreements (defined below). 2. Seller has negotiated Surface Use Agreements (defined below) with the Real Property owners, as more particularly described in Exhibit B in order to provide limited access easements on the surface of the Real Property. 3. Seller desires to sell to Buyer, and Buyer desires to purchase from Seller, the Groundwater Rights (as defined below) associated with the Real Property, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows: ARTICLE 1 DEFINITIONS Definitions. As used in this Agreement, the following terms shall have the meanings set forth below: 1.1. “Additional Earnest Money” means earnest money in addition to the Initial Earnest Money in an amount equal $3,250,000.00 to be deposited with the Escrow Agent. 1.2. “Closing” means the consummation of the purchase and sale of the Groundwater Rights pursuant to this Agreement. 1.3. “Closing Date” means the date on which the Closing occurs. 1.4. “District” means the San Patricio County Groundwater Conservation District. Page 2 of 33 1.5. “District Rules” means all rules, regulations, bylaws, policies, and procedures adopted by the District that govern the exploration, drilling, production, transportation, and use of Groundwater within the District’s jurisdiction, as such rules may be amended from time to time. 1.6. “Earnest Money Deposit” is the combination of the Initial Earnest Money and the Additional Earnest Money deposited with the Escrow Agent in an amount equal $3,750,000.00. 1.7. “Effective Date” is the date the Escrow Agent acknowledges receipt of a complete copy of this Agreement fully executed by Seller and Buyer. 1.8. “Escrow Agent” means Mission Title, LP, 114 West Glenview, Suite 200, San Antonio, Texas 78228. 1.9. “Excepted Uses” means and refers to all rights of Surface Owners (defined below) reserved in the Vesting Deeds (defined below), including, without limitation: a. Reservation of right to use Groundwater from existing or future wells on the Real Property in connection with the Surface Owners’ surface estate in the Real Property; provided that such use is limited to exempt uses as defined by the District and for agricultural and ranching use (not to include irrigation of any type) so long as any such use does not adversely affect the production capacity or water quality of the Groundwater. b. Reservation of right to use Groundwater in connection with any exempt use as set out in Section 36.117(b)(2) of the Texas Water Code for the production of oil, gas and other minerals under the Real Property (“Oil and Gas Production”), and the right to enter into oil, gas and mineral leases on the Real Property for Oil and Gas Production so long as any such lease or leases does not adversely affect the production capacity or water quality of the Groundwater. 1.10. “Groundwater” means all of the underground water, percolating water, artesian water, and any other water from any and all depths and reservoirs, formations, depths and horizons beneath the surface of the Real Property, excluding underflow or flow in a defined subterranean channel, and as defined by Section 36.001(5) of the Texas Water Code. 1.11. “Groundwater Rights” means the Groundwater, together with all associated rights related to the Groundwater including but not limited to the right to capture, explore for, drill for, develop, withdraw, produce, store, treat, transport and/or otherwise beneficially use such Groundwater. 1.12. “Initial Earnest Money” means initial earnest money in an amount equal to $500,000.00 to be deposited with the Escrow Agent. Page 3 of 33 1.13. “Inspection Period” means the period commencing on the Effective Date and ending at 5:00 p.m., Central Time, on the date that is 60 days after the Effective Date. Buyer may extend the Inspection Period an additional 60 days by written notice to Seller prior to expiration of the initial 60-day Inspection Period converting the Initial Earnest Money to an addition to the Option Fee, for a total Option Fee of $1,000,000.00. 1.14. “Option Fee” means $500,000.00 non-refundable fee paid by Buyer to Seller that allows Buyer the unrestricted right to terminate during the Inspection Period provided that, if the condition set forth in Section 6.1.c below is not satisfied as of the Effective Date, the Option Fee shall be deposited with the Escrow Agent to be remitted to Seller at such time as such condition is satisfied. The Option Fee may be increased by an additional $500,000.00 (for a total of $1,000,00.00) by the conversion of the Initial Earnest Money as provided in Section 1.13 above. 1.15. “Permits” means (1) all permits required under the District’s rules for drilling a total of 22 new groundwater wells on the Real Property (the “Drilling Permits”) of sufficient design to produce water for municipal use, (2) approval for the assignment to Buyer of that certain Water Well Production Permit issued in the name of Seller dated May 16, 2019, and renewed on January 21, 2025 (the “Production Permit”), and (3) a transportation permit required by Buyer authorizing the transport of no fewer than 28,486 acre feet per year of Groundwater outside the boundaries of the District for use within Buyer’s service area (the “Transport Permit”). 1.16. “Permit Period” means the period commencing on the Effective Date and ending 180 days after the Effective Date. 1.17. “Purchase Price” means the amount set forth in Section 2.2. 1.18. “Surface Owners” means all owners of the surface estate of the Real Property, their heirs, legal representatives, administrators, successors and/or assigns. The current Surface Owners are the owners listed on Exhibit B-1 attached. 1.19. “Surface Use Agreements” means all Surface Use Agreements and Surface Accommodation Agreements more particularly described on Exhibit B-2 attached which provide the existing easements rights of access, ingress and egress to and from the surface estate of the Real Property for the Groundwater Rights from certain Surface Owners, as such Surface Use Agreements may be amended from time to time in accordance with the terms therein. Any amendments made after the Effective Date and during the pendency of this Agreement shall require the approval of Buyer, which approval shall not be unreasonably withheld, conditioned or delayed. Such rights of Buyer shall terminate upon any termination of this Agreement, and Seller’s rights to participate any such amendments shall terminate upon the Closing. 1.20. “Title Company” means the title insurance company selected by Seller pursuant to Section 4.1. Page 4 of 33 1.21. “Vesting Deeds” means the following deeds vesting title to the Groundwater Rights in Seller: a. Fee Simple Determinable Groundwater Rights Warranty Deed recorded on April 11, 2018 in the Official Public Records under Clerk's File Number 676625, San Patricio County, Texas. b. Fee Simple Determinable Groundwater Rights Warranty Deed recorded on April 10, 2018 in the Official Public Records under Clerk's File Number 676546, San Patricio County, Texas. c. Fee Simple Determinable Groundwater Rights Warranty Deed recorded on April 10, 2018 in the Official Public Records under Clerk's File Number 676547, San Patricio County, Texas. d. Fee Simple Determinable Groundwater Rights Warranty Deed recorded on April 10, 2018 in the Official Public Records under Clerk's File Number 676548, San Patricio County, Texas. e. Fee Simple Determinable Groundwater Rights Warranty Deed recorded on April 10, 2018 in the Official Public Records under Clerk's File Number 676549, San Patricio County, Texas. f. Fee Simple Determinable Groundwater Rights Warranty Deed recorded on April 11, 2018 under Clerk's File Number 676591, and corrected by Correction Fee Simple Determinable Groundwater Rights Warranty Deed recorded on July 5, 2019, in the Official Public Records under Clerk's File Number 689832, San Patricio County, Texas. g. Fee Simple Determinable Groundwater Right Warranty Deed dated effective April 6, 2018 recorded as Document Number 676550 and corrected by Correction Fee Simple Determinable Groundwater Rights Warranty Deed Clerk’s File # 676624 and Correction Fee Simple Determinable Groundwater Rights Warranty Deed as recorded on July 5, 2019 under Clerk's File Number 689831, in the Official Public Records San Patricio County, Texas. ARTICLE 2 PURCHASE AND SALE 2.1. Agreement to Purchase and Sell. Subject to the terms and conditions of this Agreement, Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the Groundwater Rights. 2.2. Purchase Price. The purchase price for the Groundwater Rights will be $169,491,700.00 (the “Purchase Price”), subject to adjustment as provided in Section 5.3 below. Page 5 of 33 2.3. Payment of Purchase Price. The Purchase Price shall be payable as follows: a. Buyer will deposit the Initial Earnest Money with the Escrow Agent within three business days after the Effective Date and pay the Option Fee to Seller within three business days after the Effective Date; provided that, if the condition set forth in Section 6.1.c below is not satisfied as of the Effective Date, the Option Fee shall be deposited with the Escrow Agent to be remitted to Seller at such time as such condition is satisfied. b. If Buyer has not terminated this Agreement by the conclusion of the Inspection Period, Buyer will deposit the Additional Earnest Money with the Escrow Agent within three business days after the conclusion of the Inspection Period. c. At Closing, Buyer shall pay to Seller the Purchase Price, less the Earnest Money Deposit and Option Fee, subject to the prorations and adjustments provided for in this Agreement, by wire transfer of immediately available funds to the Escrow Agent to be remitted to an account designated by Seller. ARTICLE 3 INSPECTION PERIOD 3.1. Buyer’s Inspection Rights. During the Inspection Period, Buyer and its agents, employees, consultants, and contractors shall have the right to enter upon the Real Property, subject to applicable access restrictions in the Surface Use Agreements, to conduct such tests, inspections, and investigations as Buyer deems necessary or appropriate to determine if the Groundwater Rights are satisfactory for Buyer’s intended use. Buyer’s access and entry onto the Real Property covered by the Surface Use Agreements will be done with prior notice to Seller who shall provide such notice to such Surface Owners as may be required under the Surface Use Agreements and performed in a manner to minimize interruptions of existing activities on the Real Property. Buyer’s tests, inspections, and investigations, will be conducted at Buyer’s sole cost and expense and may include, but are not limited to, the following: a. Buyer will conduct such physical inspections and title review of the Real Property and the Groundwater Rights (including review of the Surface Use Agreements) as Buyer deems necessary in order to satisfy itself that there are no encumbrances to surface use that unreasonably impair Buyer from efficiently developing the wellfield. Unreasonable impairments include, but are not limited to, encumbrances that prevent Buyer from exploring and testing for Groundwater, drilling at least 22 new Groundwater wells on the Real Property, at locations chosen by Buyer's hydrogeologist, installing efficient and effective collection and conveyance pipelines, installing electricity and accessing Buyer facilities for installation and maintenance at locations that can efficiently and effectively service the wellfield; b. Buyer will satisfy itself that it will have all necessary easements and rights-of-way over, on, and in the Real Property, including all necessary sanitary control Page 6 of 33 easements, sufficient to allow reasonable and necessary access for Buyer to test, explore for, drill for, develop, withdraw, capture, treat, transport Groundwater, and to drill, complete, operate, repair, maintain, and replace Groundwater wells, and to construct and maintain all collection lines, transmission lines, pump stations, utility lines, and other facilities necessary for Buyer to have unimpaired use, and quiet enjoyment of, the Groundwater Rights. c. Testing and sampling of the Groundwater; d. Review of all permits, authorizations, and other documentation related to the Groundwater Rights; e. Inspection of any wells and related equipment located on the Real Property; f. Review of applicable District Rules and regulations; g. Environmental assessments of the Real Property, including the right to conduct boring and sampling of the soil and water. Seller agrees to provide: (i) Any notices actually received by Seller from any regulatory agency with jurisdiction regarding environmental contamination or the presence of hazardous or toxic materials on the Real Property. (ii) The reports of any Phase I or Phase II Environmental Assessments conducted by Seller on the Real Property, if any. h. Hydrogeological studies to determine the quantity and quality of the Groundwater. Seller will provide to Buyer all materials and work product prepared by Seller’s hydrogeologist, Steve Young, PhD, PE, PG, of INTERA (“Steve Young”), in connection with the Groundwater Rights, and Steve Young will be made available on a non-exclusive basis to answer questions and provide supporting materials concerning such work product and may be engaged by, and at the sole cost and expense of, Buyer or its agents on a non-exclusive basis to provide continuing service and analysis directly to Buyer, provided that Buyer will provide to Seller copies of any new work product produced by Steve Young for Buyer in connection with the Groundwater Rights; i. ALTA Survey of the Real Property showing Property boundaries, existing pipeline easements, electric easements, land use restrictions and other encumbrances; j. Buyer will satisfy itself during the Inspection Period that there is no material interference from oil and gas or other mineral leases on the Real Property. Buyer acknowledges that Seller has previously provided to Buyer a map previously prepared for Seller of all known oil and gas wells on the Real Property. Seller agrees to use best efforts to provide to the Title Company any required affidavits concerning production or non-production in connection with oil and gas leases Page 7 of 33 affecting the Real Property in order to determine which such leases remain in effect; provided, however, Buyer acknowledges and agrees that procurement of any such affidavits are not a condition to Buyer’s obligation to close on the purchase of the Groundwater Rights. k. If the Real Property is physically altered because of Buyer’s inspections, Buyer must return the Real Property to its pre-inspection condition promptly after the alteration occurs. l. Buyer must deliver to Seller copies of all inspection reports that Buyer prepares or receives from third-party consultants or contractors in the event that Buyer exercises its right to terminate this Agreement as provided below. m. The parties hereby waive any conflict of interest created by Buyer’s and Seller’s use of the following consultants on this Groundwater project for the sole purpose of assisting Seller and Buyer in procuring the Permits: (i) Pape Dawson Engineers; (ii) Hanson Professional Services, Inc. (John A. Michael, P.E., Sr. Vice President) Notwithstanding the foregoing, Seller may utilize previously-obtained reports from such consultants and any publicly-available reports from such consultants obtained by Buyer in connection with other transactions contemplated by Seller. 3.2. Seller’s Deliverables. a. Seller will use best efforts to provide a copy of all hunting, agricultural, or other leases or agreements authorizing the use of the surface of the Real Property that are not identified in the Title Commitments (defined below) for the Groundwater Rights and access easement rights in the Surface Use Agreements, as well as to procure an affidavit from the Surface Owners providing Surface Use Agreements that there are no oral or unrecorded leases or agreements of the surface or subsurface of the Real Property; provided, however, Buyer acknowledges and agrees that procurement of any such leases, agreements or affidavits are not a condition to Buyer’s obligation to close on the purchase of the Groundwater Rights and acquisition of rights under the Surface Use Agreements. b. Seller agrees to confirm to the reasonable satisfaction of Buyer and the Title Company Seller’s ability to assign its rights under the Surface Use Agreements to Buyer in connection with this sale prior to expiration of the Inspection Period. 3.3. Termination Right. If Buyer determines, in its sole discretion, that the Groundwater Rights are not suitable for Buyer’s intended use, or if Buyer is not satisfied with the results of its due diligence investigation for any reason or no reason, then Buyer may terminate this Agreement by delivering written notice to Seller prior to the expiration of the Inspection Page 8 of 33 Period. If Buyer terminates this Agreement pursuant to this Section 3.2, neither party shall have any further rights or obligations under this Agreement except for those that expressly survive termination. It the event of such termination, the Earnest Money shall be released to Buyer. In the event that the Option Fee has not been remitted to Seller due to the failure to satisfy the condition in Section 6.1.c at such time, the Option Fee also shall be released to Buyer. 3.4. Seller Records. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, SELLER EXPRESSLY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF ANY DOCUMENTS, RECORDS OR ANY OTHER INFORMATION OR MATERIALS PREPARED BY THIRD PARTIES AND FURNISHED TO BUYER (OTHER THAN THE VESTING DEEDS AND THE PERMITS) REGARDING THE GROUNDWATER RIGHTS OR THE REAL PROPERTY (COLLECTIVELY, THE “SELLER RECORDS”). BUYER HEREBY AGREES THAT THE SELLER RECORDS PROVIDED TO BUYER ARE PROVIDED ON AN “AS IS” BASIS AND SELLER SHALL HAVE NO OBLIGATION TO VERIFY OR COMPILE SUCH DATA. BUYER ACKNOWLEDGES AND AGREES THAT ALL SUCH SELLER RECORDS ARE PROVIDED OR MADE AVAILABLE TO BUYER AS A COURTESY ONLY AND THAT ANY RELIANCE ON OR USE OF SUCH INFORMATION SHALL BE AT THE SOLE RISK OF BUYER. 3.5. Buyer’s Insurance; and Release of Seller. Buyer must carry commercial general liability insurance with coverages and in amounts that are required by the Surface Use Agreements to cover its proposed inspection activities on the Real Property prior to the Closing Date. Buyer’s insurance policy shall name Seller and Surface Owners as additional insureds on a primary non-contributory basis. Buyer will deliver evidence of such insurance coverage to Seller promptly upon executing this Agreement. As an alternative to such insurance, Buyer may certify to Seller that Buyer’s insurance requirements herein are satisfied under a self-insurance program maintained by Buyer. Additionally, Buyer shall cause each of its contractors conducting inspection activities on the Real Property to provide such commercial general liability insurance for the benefit of Seller and Surface Owners. Buyer releases Surface Owners, Seller and those persons acting on Seller’s behalf from all claims and causes of action (including claims for attorney’s fees and court and other costs), but excluding any claims based on intentional actions or gross negligence, resulting from Buyer’s investigation of the Groundwater and Real Property. The obligations of Buyer under this provision will survive termination of this Agreement and Closing. ARTICLE 4 TITLE AND SURVEY 4.1. Title Commitments. Within 10 days after the Effective Date, Seller shall, at Seller’s expense, cause the Title Company to deliver to Buyer a commitment for title insurance covering the Groundwater Rights (the “Groundwater Rights Title Commitment”). Within 30 days after the Effective Date, Seller shall, at Seller’s expense, cause the Title Company to deliver to Buyer a commitment for title insurance covering the access easement rights in the Surface Use Agreements (the “SUA Title Commitment”; together with the Groundwater Rights Title Commitment, each a “Title Commitment” and collectively the Page 9 of 33 “Title Commitments”). The Title Commitments will be issued by a title company selected by Seller (the “Title Company”), together with copies of all documents referenced in the Title Commitments. The Groundwater Rights Title Commitment shall include all exceptions applicable to the Real Property, as the same may affect the Groundwater Rights. The SUA Title Commitment shall include all exceptions applicable to the Real Property, as the same may affect access easement rights under the Surface Use Agreements. 4.2. Survey. Buyer acknowledges that Seller has previously delivered to Buyer a complete copy of all survey related materials produced for Seller by Seller’s engineer, Pape Dawson Engineers, in connection with the Groundwater Rights. Buyer may, at Buyer’s expense, obtain a new or updated survey of the Real Property (the “Survey”). 4.3. Title Review. Buyer shall have until the date that is 30 days after Buyer receives a Title Commitment (the “Title Review Period”) to review the Title Commitment and Survey and to notify Seller in writing of any objections Buyer may have to matters disclosed therein (the “Title Objections”). Any matters shown on a Title Commitment or Survey to which Buyer does not object within the Title Review Period shall be deemed “Permitted Exceptions.” Buyer acknowledges and agrees that the Excepted Uses shall be deemed Permitted Exceptions. 4.4. Seller’s Response to Title Objections. Seller shall have 10 days after receipt of Buyer’s Title Objections to notify Buyer in writing whether Seller elects to cure such Title Objections. If Seller elects not to cure any Title Objection, or fails to respond within such 10-day period, Buyer may elect, by written notice to Seller within 20 days after the earlier of (i) receipt of Seller’s notice that Seller will not cure such Title Objection, or (ii) the expiration of Seller’s 10 day response period, to either (a) waive such Title Objection and proceed to Closing, in which case such Title Objection shall be deemed a Permitted Exception, or (b) terminate this Agreement, in which case the Earnest Money Deposit shall be returned to Buyer, the Option Fee shall be retained by Seller if the condition set forth in Section 6.1.c below has been satisfied, and neither party shall have any further rights or obligations under this Agreement except for those that expressly survive termination. In the event that the Option Fee has not been remitted to Seller due to the failure to satisfy the condition in Section 6.1.c at such time, the Option Fee also shall be released to Buyer. ARTICLE 5 PERMITS 5.1. Obtaining Permits. Within 60 days from the Effective Date of this Agreement, Seller shall apply to the District for and, within the Permit Period, Seller shall exercise its best efforts to secure, from the District, the Drilling Permits and Transport Permit required by this Agreement (the “Permit Applications”), Buyer acknowledging that Seller already has the Production Permit. Notwithstanding the foregoing, if the Permit Application for the Drilling Permits must contain a specific location for each of the well sites, then Buyer shall provide such well site locations to Seller as soon as reasonably possible but in no event later than by the end of the Inspection Period, and Seller shall submit the Permit Application for the Drilling Permits within 30 days from Seller’s receipt of such well site Page 10 of 33 locations from Buyer. The Drilling Permits to be obtained by Seller shall allow sufficient time of not less than three years for Buyer to drill the 22 new groundwater wells contemplated by this Agreement. The Transport Permit shall permit the transportation of the Groundwater outside the District’s boundaries to the extent necessary to effectuate the purpose of this Agreement which is to obtain the right to transport Groundwater to Corpus Christi. No special conditions may be added to any of the Permits without Buyer’s consent, which consent will be granted or denied by written notice to Seller within 30 days of Buyer’s receipt of written request for consent; provided that if Buyer fails to deliver written notice to Seller within such 30-day period, Buyer will be deemed not to have consented to such special condition. The Permits shall be final and non-appealable at Closing and shall either be approved for issuance to Buyer or assignable to Buyer. 5.2. Permit Updates. Seller shall provide Buyer with periodic written updates on the status and processing of the Permit Applications as updates are received by Seller from the District. The updates will include copies of all applications, correspondence, and documentation related to the Permit Applications received by Seller. Seller shall promptly notify Buyer of any issues or concerns that arise during the permitting process that could potentially delay or prevent the issuance of the Permits. 5.3. Reduction of Purchase Price. To the extent that prior to Closing the number of acre-feet per year of Groundwater in such Permits is reduced from 28,486 acre-feet, the Purchase Price shall be reduced proportionately based on $5,950 per acre-foot of any such reduction. 5.4. Permit Termination Right. If Seller fails to obtain all of the Permits contemplated by this Agreement within the Permit Period, Buyer may, at its option and as its sole and exclusive remedy, either (a) extend the Permit Period for up to an additional 90 days by written notice to Seller, or (b) terminate this Agreement by written notice to Seller, in which case the Earnest Money Deposit minus any amount converted to an Option Fee shall be returned to Buyer, and neither party shall have any further rights or obligations under this Agreement except for those that expressly survive termination 5.5. Buyer Cooperation. Buyer and Seller will diligently cooperate with each other as necessary or required in connection with Seller’s procurement of the Permits, including promptly executing such forms as may be required by Seller, Buyer, or the District for the procurement and transfer of the Permits to Buyer, provided that the transfer will not be effective or binding upon the Groundwater Rights until Closing. Prior to Closing, Buyer acknowledges and agrees that Buyer shall have no right or authority to file, or otherwise pursue, any permit or permit amendment to drill for, develop or produce or transport groundwater from the Real Property. ARTICLE 6 CONDITIONS TO CLOSING 6.1. Buyer’s Conditions to Closing. Buyer’s obligation to purchase the Groundwater Rights is subject to the satisfaction or waiver of the following conditions: Page 11 of 33 a. All representations and warranties of Seller set forth in this Agreement shall be true and correct in all material respects as of the Closing Date; b. Seller shall have performed all covenants and obligations required to be performed by Seller under this Agreement on or before the Closing Date; c. During the Inspection Period, Seller shall have either filed of record in San Patricio County, Texas, or deposited in escrow with the Title Company for recording at Closing, an instrument(s) terminating all rights of reversion under the Vesting Deeds sufficient to satisfy the requirements of the Title Company to insure fee simple title to the Groundwater. d. On the Closing Date, the Title Company shall be prepared to issue to Buyer one or more owner’s policies of title insurance in the aggregate amount of the Purchase Price, insuring Buyer’s fees simple title to the Groundwater Rights and the access easement rights in the Surface Use Agreements as an insured easement estate, subject only to the Permitted Exceptions; e. Buyer shall have obtained all necessary approvals from its governing body to proceed with the purchase of the Groundwater Rights; f. No material adverse change shall have occurred with respect to the Groundwater Rights, Permits, or the Surface Use Agreements between the Effective Date and the Closing Date without Buyer’s written consent; g. No legal or administrative proceeding is filed and pending as of the Closing Date that would adversely affect the Groundwater Rights or Buyer’s ability to use the Groundwater Rights as allowed by the Permits; and h. Seller shall have obtained all Permits as required by Article 5 prior to expiration of the Permit Period. In the event that all of the conditions in this Section 6.1 have not occurred or been satisfied within the respective timeframes set forth above, then Buyer may, as its sole and exclusive remedy to be exercised in writing within 30 days from expiration of the applicable timeframe, either (i) waive such unsatisfied condition and proceed to Closing, or (ii) terminate this Agreement by written notice to Seller, in which event the Earnest Money Deposit will be released to Seller, and neither party shall have any further rights, duties or obligations hereunder; provided, however, if the termination is based upon the failure of satisfaction of items 6.1.a, 6.1.b, 6.1.c, 6.1.d, 6.1.f or 6.1.g, then the Earnest Money Deposit shall be immediately returned to Buyer, and if the termination is based upon the failure of satisfaction of item 6.1.c, the Option Fee shall be immediately returned to Buyer. If Buyer fails to timely deliver written notice of its election of remedy herein, Buyer will be deemed to have elected (ii) above. Page 12 of 33 6.2. Seller’s Conditions to Closing. Seller’s obligation to sell the Groundwater Rights is subject to the satisfaction or waiver of the following conditions: a. All representations and warranties of Buyer set forth in this Agreement shall be true and correct in all material respects as of the Closing Date; b. Buyer shall have performed all covenants and obligations required to be performed by Buyer under this Agreement on or before the Closing Date; and c. Buyer shall have deposited the Purchase Price (with appropriate credit for the Earnest Money Deposit and Option Fee paid to Seller) with the Escrow Agent. In the event that all of the conditions in this Section 6.2 have not occurred or been satisfied prior to the Closing Date, then Seller may, as its sole and exclusive remedy, terminate this Agreement by written notice to Buyer, in which event the Earnest Money Deposit will be released to Seller, and neither party shall have any further rights, duties or obligations hereunder. ARTICLE 7 CLOSING 7.1. Closing Date. The Closing shall take place on the date that is 60 days after the expiration of the Permit Period, or such earlier date as may be mutually agreed upon by Seller and Buyer. 7.2. Seller’s Deliveries. At Closing, Seller shall deliver to Buyer the following: a. A Groundwater Rights Special Warranty Deed conveying the Groundwater Rights to Buyer, in the form attached hereto as Exhibit C, executed and acknowledged by Seller (with appropriate modifications to reflect Buyer’s waiver of any conditions and/or representations herein); b. An assignment of the Permits, in a form promulgated by the District or, in the absence of such District form, in form and substance reasonably satisfactory to the parties and the District (the “Assignment of Permits”), executed by Seller; c. All original Permits related to the Groundwater Rights in Seller’s possession; d. An assignment of all Surface Use Agreements in form and substance reasonably satisfactory to the parties and the Title Company (the “Assignment of SUAs”); e. A bill of sale conveying all rights in and to all groundwater wells, pumps, motors, well casing, and related equipment drilled, completed, constructed, and installed on the Real Property and owned by Seller in connection with the Groundwater Rights, in the form attached hereto as Exhibit D (the “Bill of Sale”), executed by Seller; Page 13 of 33 f. A non-foreign affidavit as required by Section 1445 of the Internal Revenue Code; g. A resolution or other evidence of authority, in a form reasonably acceptable to the Title Company, authorizing the sale of the Groundwater Rights and assignment of the Surface Use Agreements and the execution and delivery of this Agreement and all documents to be executed and delivered by Seller at Closing h. A certification that Seller has granted no leases, licenses, or other agreements granting any person or entity the right to use or access the Groundwater Rights that will survive Closing other than those instruments scheduled in the policy of title insurance to be issued by the Title Company; and i. Such other customary documents as may be reasonably necessary to consummate the transaction contemplated by this Agreement, as reasonably approved by the parties. 7.3. Buyer’s Deliveries. At Closing, Buyer shall deliver to Seller the following: a. The Purchase Price (less the Earnest Money Deposit and credit for the Option Fee) by wire transfer of immediately available funds; b. The Assignment of the Permits, executed by Buyer; c. The Bill of Sale, executed by Buyer; d. The Assignment of SUAs, executed by Buyer; and e. Such other customary documents as may be reasonably necessary to consummate the transaction contemplated by this Agreement, as reasonably approved by the parties. 7.4. Closing Costs. Closing costs shall be allocated as follows: a. Seller shall pay (i) the cost of the Title Commitments, (ii) the basic premium for the owner’s policy of title insurance, (iii) the cost of releasing any liens or encumbrances that affect the Groundwater Rights and the Surface Use Agreements are not Permitted Exceptions, (iv) any transfer taxes or fees associated with the transfer of the Groundwater Rights, and (v) one-half of the Escrow Agent’s fees. b. Buyer shall pay (i) the cost of the Survey, (ii) all recording fees, (iii) one-half of the Escrow Agent’s fees, and (iv) any premium or other fees or costs charged by the Title Company for other endorsements, amendments or modifications to the owner’s policy of title insurance, as may be requested by Buyer. c. Each party shall pay its own legal fees. Page 14 of 33 ARTICLE 8 REPRESENTATIONS AND WARRANTIES 8.1. Seller’s Representations and Warranties. Seller represents and warrants to Buyer, as of the Effective Date (unless otherwise provided below) and as of the Closing Date, that: a. Seller owns the access easement rights to use the surface of the Real Property as provided in the Surface Use Agreements, which have not been amended, modified or changed from the instruments filed of record, except as permitted in this Agreement. b. Seller has not received any written notice of any legal actions, administrative proceedings, or disputes that have been filed against Seller challenging the Groundwater Rights, or the permits or authorizations related thereto, or the right to transfer them to Buyer and to the best of Seller’s knowledge no such filings have been made. c. Seller has not received any written notice of any violation with any applicable District, State, or local laws, rules, and regulations relating to the Groundwater Rights or the permit(s) related thereto and to the best of Seller’s knowledge no such violations exist. d. Seller has not received any written notice of any claims or actions filed against Seller by the District or any other governmental authority regarding the Groundwater Rights or related permits and authorizations and to the best of Seller’s knowledge no such claims or actions have been filed. e. Seller has not granted any options, rights of first refusal, or other third-party interests in the Groundwater Rights that will survive Closing, SAVE AND EXCEPT (i) as may be disclosed in the Title Commitments, and (ii) Excepted Uses reserved in the Vesting Deeds. f. Seller is a limited partnership duly organized, validly existing, and in good standing under the laws of the State of Texas. g. Seller has full power and authority to enter into this Agreement and to perform its obligations hereunder. h. This Agreement has been duly authorized, executed, and delivered by Seller and constitutes the legal, valid, and binding obligation of Seller, enforceable against Seller in accordance with its terms. i. The execution, delivery, and performance of this Agreement by Seller does not conflict with or result in a violation of Seller’s organizational documents or any judgment, order, or decree of any court or arbiter to which Seller is a party. Page 15 of 33 j. There are no leases, licenses, or other agreements granting any person or entity the right to use the Groundwater Rights or any portion thereof that will survive Closing, SAVE AND EXCEPT (i) as may be disclosed in the Title Commitments, and (ii) Excepted Uses reserved in the Vesting Deeds. k. Seller has not received any written notice of any condemnation or eminent domain proceedings filed or, to Seller’s knowledge, threatened against the Groundwater Rights or any portion thereof. 8.2. Limitations and Disclaimers. a. All of Seller’s representations and warranties in this Agreement are made to Seller’s knowledge. All references in this Agreement to “Seller’s knowledge”, “Seller’s actual knowledge” or phrases of similar import (i) shall refer solely to the actual knowledge (as opposed to constructive, deemed or imputed knowledge) of Edward A. Cross II, Hamlet T. Newsom, Jr., and Bruce H.C. Hill, (ii) shall not be construed to refer to the knowledge of any other officer, director, partner or agent of Seller or any affiliate of Seller, (iii) shall not impose upon the foregoing individuals any duty to investigate the matter to which the actual knowledge, or the absence thereof, pertains, and (iv) shall not impose any personal liability upon such individuals for the inaccuracy of such representation or warranty. Further, all of Seller’s representations and warranties in this Agreement are qualified and limited by any matters revealed in or by any one or more of the following: (1) the Title Commitments (and any update thereof) and any of the exception documents referred to therein; (2) the Permitted Exceptions; and (3) any written document, instrument, or other information provided by Seller, or otherwise disclosed to or known by, Buyer, including Sellers Records. Notwithstanding anything in this Agreement to the contrary, in the event that Buyer discovers on or prior to the Closing Date that any of the Seller’s representations or warranties in this Agreement are untrue or materially inaccurate, Buyer shall have the right, as its sole and exclusive remedy, to either (a) terminate this Agreement by giving written notice of termination to Seller prior to Closing, whereupon the Earnest Money Deposit shall be promptly returned to Buyer (together with the refund of the Option Fees paid less the independent consideration if the matter involves a default by Seller) and the parties shall have no further obligations hereunder except for those obligations which shall survive the termination of this Agreement, or (b) waive any claim or cause of action relating to such fact and proceed to Closing. Buyer shall not have the right to make a claim under any particular representation or warranty of Seller to the extent that, prior to Closing, Buyer becomes aware that the representation or warranty is not accurate and elects to proceed to close on the acquisition of the Groundwater Rights. b. Seller has not made, and makes no warranties or representations concerning any the Groundwater Rights or the Real Property, except as specifically set forth in this Agreement, and all other representations and warranties, express or implied, in any way relating to the Groundwater Rights or the Real Property or the transaction Page 16 of 33 contemplated by this Agreement are hereby waived by Buyer. Any representations or warranties made by Seller in the future shall be considered void and of no effect unless made in a written document addressed and delivered to Buyer which specifically references this Agreement. As a material part of the consideration for entering into this Agreement, Buyer will accept the Groundwater Rights on an “AS IS” basis at Closing. THIS AGREEMENT IS AN ARM’S-LENGTH AGREEMENT BETWEEN THE PARTIES. THE PURCHASE PRICE WAS BARGAINED ON THE BASIS OF AN “AS IS, WHERE IS” TRANSACTION AND REFLECTS THE AGREEMENT OF THE PARTIES THAT THERE ARE NO REPRESENTATIONS OR EXPRESS OR IMPLIED WARRANTIES, EXCEPT THOSE IN THIS AGREEMENT. SELLER DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING THE QUANTITY, QUALITY, OR RELIABILITY OF THE GROUNDWATER OR THE AVAILABILITY NOW OR IN THE FUTURE OF AMENDMENTS TO ANY PERMITS NECESSARY FOR BUYER TO USE THE GROUNDWATER FOR ANY PURPOSE, INCLUDING THE PERMITS. SELLER FURTHER DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE FITNESS OF THE GROUNDWATER FOR ANY PARTICULAR USE. BUYER ACKNOWLEDGES THAT THE DISTRICT’S RULES AND REGULATIONS OR PERMITTING DECISIONS MAY LIMIT THE VOLUME OF GROUNDWATER PRODUCED FROM THE REAL PROPERTY AND THE PURPOSE OR PLACE OF ITS USE, AS WELL AS THE LOCATION OF ANY WELL, ITS DEPTH, OR RATE OF PRODUCTION. BUYER IS NOT RELYING ON ANY REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR IMPLIED WARRANTIES OTHER THAN THOSE EXPRESSLY CONTAINED IN THIS AGREEMENT. BUYER IS NOT RELYING ON ANY INFORMATION REGARDING THE GROUNDWATER OR THE REAL PROPERTY PROVIDED BY ANY PERSON, OTHER THAN BUYER’S OWN INSPECTION AND THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT. BY CLOSING THE TRANSACTION AS CONTEMPLATED HEREIN, BUYER AGREES THAT (A) BUYER SHALL BE DEEMED TO HAVE ACCEPTED ALL RISKS ASSOCIATED WITH ADVERSE PHYSICAL CHARACTERISTICS AND EXISTING ENVIRONMENTAL CONDITIONS THAT MAY OR MAY NOT HAVE BEEN REVEALED BY BUYER'S INVESTIGATION OF THE GROUNDWATER RIGHTS AND THE REAL PROPERTY AND (B) AS BETWEEN SELLER AND BUYER, BUYER SHALL BE DEEMED TO HAVE ACCEPTED ALL COSTS AND LIABILITIES ASSOCIATED IN ANY WAY WITH THE PHYSICAL AND ENVIRONMENTAL CONDITION OF THE GROUNDWATER RIGHTS AND THE REAL PROPERTY. FURTHER, IN CLOSING THE TRANSACTION CONTEMPLATED HEREIN, BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS HAD AN OPPORTUNITY TO INSPECT THE GROUNDWATER RIGHTS AND TO REVIEW RECORDS AND FILES OF SELLER RELATING TO THE GROUNDWATER RIGHTS, INCLUDING THE SELLER RECORDS. BUYER ACKNOWLEDGES THAT BUYER IS FULLY AWARE OF AND ACCEPTS ALL CONDITIONS RELATING TO THE GROUNDWATER RIGHTS. The provisions of this Section 8.2.b regarding the Groundwater Rights will survive Closing. 8.3. Buyer’s Representations and Warranties. Buyer represents and warrants to Seller as follows: a. Buyer is a home rule municipality duly organized and validly existing under the laws of the State of Texas. Page 17 of 33 b. Buyer has full power and authority to enter into this Agreement and to perform its obligations hereunder. c. This Agreement has been duly authorized, executed, and delivered by Buyer and constitutes the legal, valid, and binding obligation of Buyer, enforceable against Buyer in accordance with its terms. d. The execution, delivery, and performance of this Agreement by Buyer does not conflict with or result in a violation of Buyer’s charter, ordinances, or any judgment, order, or decree of any court or arbiter to which Buyer is a party. 8.4. The representations and warranties set forth in this Article 8 shall survive Closing for a period of one (1) year. ARTICLE 9 DEFAULT AND REMEDIES 9.1. Seller’s Default. If Seller defaults in the performance of its obligations under this Agreement, Buyer may, as its sole and exclusive remedy, either (a) terminate this Agreement by written notice to Seller, in which case the Earnest Money Deposit and all non-refundable Option Fees received by Seller shall be returned to Buyer, less the sum of $10,000.00, which shall be deemed the non-refundable independent consideration for the purposes of this Agreement, or (b) seek specific performance of Seller’s obligations under this Agreement. 9.2. Buyer’s Default. If Buyer defaults in the performance of its obligations under this Agreement, Seller may, as its sole and exclusive remedy, terminate this Agreement by written notice to Buyer, in which case the Earnest Money Deposit shall be paid to Seller as liquidated damages. The parties agree that just compensation for the harm that would be caused by a default by either party cannot be accurately estimated or would be very difficult to accurately estimate and that the Earnest Money are reasonable forecasts of just compensation to the nondefaulting party for the harm that would be caused by a default. 9.3. Notice and Cure Period. Except as otherwise provided herein, Seller and Buyer covenant and agree, each with the other, to give to the other written notice of any default occurring, and such party in default shall have a period of ten (10) days to cure such default prior to the exercise of any right or remedy provided in this Agreement by the non-defaulting party; provided, however, neither party shall be obligated to provide written notice of default and opportunity to cure with respect to the failure to close, fund the purchase of the Groundwater Rights on the Closing Date, or deliver the required documents prior to the exercise of any right or remedy of provided in this Agreement on account thereof. Page 18 of 33 ARTICLE 10 MISCELLANEOUS 10.1. Notices. All notices required or permitted under this Agreement shall be in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, (c) by a commercial overnight courier that guarantees next day delivery and provides a receipt, or (d) by email, addressed as follows: If to Seller: Evangeline/Laguna, LP C/O: Hamlet Newsom 5111 Broadway St. San Antonio, Texas 78209 Telephone: (210) 828-6565, ext. 128 Email: hamlet@evangelinewater.com With copy to: Evangeline/Laguna, LP C/O: Bruce H.C. Hill 5111 Broadway St. San Antonio, Texas 78209 Telephone: Email: bruce@hillassoc.net And a copy to: Uhl, Fitzsimons, Burton, Wolff & Rangel, PLLC Attn: Trace Burton and Alejandro Sostre-Odio 4040 Broadway Street, Suite 430 San Antonio, Texas 78209 Phone: (210) 829-1660 Email: tburton@uhlfitzsimons.com; asostre@uhlfitzsimons.com If to Buyer: City of Corpus Christi Attn: Peter Zanoni, City Manager 1201 Leopard Street, 5th Floor Corpus Christi, TX 78401 Email: PeterZ@corpuschristitx.gov Corpus Christi Water Attn: Nick Winkelmann, Interim COO Email: nickw@corpuschristitx.gov Copy to: City Attorney Milesr@corpuschristitx.gov Notices shall be effective upon receipt or refusal of delivery. Either party may change its address for notice by giving notice to the other party in accordance with this Section 10.1 Page 19 of 33 10.2. Entire Agreement. This Agreement, including all exhibits attached hereto, constitutes the entire agreement between Seller and Buyer with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, warranties, and understandings of the parties, whether oral, written, or implied, and neither party is relying on any statements or representations of any agent of the other party, that are not contained herein. 10.3. Amendments. This Agreement may be amended only by a written instrument executed by both Seller and Buyer. 10.4. Assignment. Buyer may not assign this Agreement or any of Buyer’s rights under it without Seller’s prior written consent, which consent may be granted or withheld in Seller’s sole discretion, and any attempted assignment without Seller’s consent is void; provided, however, that Buyer may assign its rights and obligations under this Agreement, in whole or in part, without Seller’s consent to the following parties (each a “Permitted Assignee”): (i) San Patricio Municipal Water District, (ii) Steel Dynamics, (iii) Gulf Coast Growth Ventures (Exxon-SABIC), or (iv) a governmental instrumentality of Buyer. In the event of such assignment to a Permitted Assignee, (a) Buyer shall deliver written notice of such assignment to Buyer no later than 15 days prior to Closing, and (b) Buyer shall remain jointly and severally liable with such Permitted Assignee under the terms and obligations of this Agreement. 10.5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to principles of conflicts of law. 10.6. Venue. Any legal action or proceeding with respect to this Agreement shall be brought in the courts of San Patricio County, Texas, and each party consents to the jurisdiction of such courts. 10.7. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic or facsimile signatures shall be deemed original signatures. 10.8. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 10.9. Time of Essence. Time is of the essence with respect to all provisions of this Agreement. 10.10. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. Page 20 of 33 10.11. Further Assurances. Each party shall execute and deliver such additional documents and instruments as may be required by the Title Company and/or the District (subject to the parties’ reasonable approval) to effectuate the provisions and purposes of this Agreement. 10.12. Legal Fees. In the event of any litigation between the parties with respect to this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs and expenses, including reasonable legal fees, including costs of court, expert witnesses, and costs of appeal, incurred by the prevailing party in connection with such litigation. 10.13. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom enforcement of the waiver is sought. No waiver of any right or remedy in respect of any occurrence or event on one occasion shall be deemed a waiver of such right or remedy in respect of such occurrence or event on any other occasion. 10.14. Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 10.15. Time Periods. Unless otherwise specified, reference to “day” in this Agreement means a calendar day, and reference to “business day” means any calendar day other than a Saturday, Sunday or legal holiday. If the final date of any period provided for herein for the performance of an obligation or for the taking of any action falls on a Saturday, Sunday, or legal holiday recognized by Buyer, then the time of such period shall be deemed extended to the next business day. 10.16. Exhibits. All exhibits attached to this Agreement are incorporated herein by reference and made a part hereof. 10.17. Back-up Contracts. Seller reserves the right to enter into a back-up contract for the sale of the Groundwater Rights to another party, excluding any Permitted Assignee, subject to the rights of this Agreement. [Signature page follows] Page 21 of 33 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. SELLER: EVANGELINE LAGUNA, LP, a Texas limited partnership By: Evangeline/Laguna GP, LLC, its General Partner By: Name: Title: BUYER: CITY OF CORPUS CHRISTI, a home rule Texas municipality By: Name: Title: EXHIBITS: Exhibit A - Legal Description of Real Property Exhibit B-1 - List of Surface Owners Exhibit B-2 - Surface Use Agreements and Surface Accommodation Agreements Exhibit C - Form of Groundwater Rights Deed Exhibit D - Form of Bill of Sale Page 22 of 33 ESCROW AGENT ACKNOWLEDGEMENT Receipt of one complete, fully-executed counterpart of this Agreement is hereby acknowledged by the Escrow Agent of the date below. Mission Title, LP By: Name: Its: Date: (“Effective Date”) Receipt of the Initial Earnest Money in the amount of $500,000.00 is hereby acknowledged by the Escrow Agent as of the date below. The Escrow Agent agrees to hold the Earnest Money in escrow and disburse the Earnest Money as provided in this Agreement. Mission Title, LP By: Name: Its: Date: Receipt of the Additional Earnest Money in the amount of $3,250,000.00 is hereby acknowledged by the Escrow Agent as of the date below. The Escrow Agent agrees to hold the Earnest Money in escrow and disburse the Earnest Money as provided in this Agreement. Mission Title, LP By: Name: Its: Date: Page 23 of 33 EXHIBIT A REAL PROPERTY Page 24 of 33 EXHIBIT B-1 LIST OF SURFACE OWNERS - E-H Partnership, Ltd., a Texas limited partnership - Hamilton-Ingleside Limited, a Texas limited partnership - Diana Welder Hamilton Ranch Partnership, Ltd, a Texas limited partnership - Prosperity Bank, as Executor of the Estate of Oakes David Edwards, Jr., Deceased - Prosperity Bank, as Trustee of the Edwards 1976 Trust “A” - R.H. Welder Heirs, Ltd., a Texas limited partnership - Steel Dynamics Page 25 of 33 EXHIBIT B-2 SURFACE USE AGREEMENTS and SURFACE ACCOMMODATION AGREEMENT 1. Surface Use Agreement — Groundwater Operations dated December 1, 2024, between HAMILTON-INGLESIDE LIMITED, A TEXAS LIMITED PARTNERSHIP; E-H PARTNERSHIP, LTD., A TEXAS LIMITED PARTNERSHIP; AND DIANA WELDER HAMILTON RANCH PARTNERSHIP, LTD., A TEXAS LIMITED PARTNERSHIP, collectively as Grantor; and EVANGELINE/LAGUNA, LP, a Texas limited partnership, as Grantee, a Memorandum of which is recorded in the Official Records of San Patricio County, Texas, as Instrument Number 747522. 2. Surface Use Agreement — Groundwater Operations dated December 1, 2024, between R.H. WELDER HEIRS, LTD. as Grantor, and EVANGELINE/LAGUNA, LP, as Grantee, a Memorandum of which is recorded in the Official Records of San Patricio County, Texas, as Instrument Number 747523. 3. Surface Use Agreement — Groundwater Operations dated December 1, 2024, between ESTATE OF OAKES DAVID EDWARDS, JR., PROSPERITY BANK AND OAKES DAVID EDWARDS, III, CO-TRUSTEES OF THE OAKES DAVID EDWARDS, III SON’S TRUST 1976 A, and PROSPERITY BANK, TRUSTEE OF THE JASON S. EDWARDS SON’S TRUST 1976 A, collectively as Grantor, and EVANGELINE/LAGUNA, LP, as Grantee, a Memorandum of which is recorded in the Official Records of San Patricio County, Texas, as Instrument Number 748122. 4. Surface Accommodation Agreement dated April 24, 2023, among R. H. WELDER HEIRS, LTD. and GEORGE F. CARSON, III and PATRICK R. CARSON, CO-TRUSTEES OF THE CARSON GRANDCHILDREN 2009 TRUST, collectively “Mineral Owners”, EVANGELINE/ LAGUNA, LP, as Water Developer” and WELDER SOLAR, LP, as “Solar Developer,” filed of record as Instrument No. 748296, Official Records of San Patricio County, Texas. 5. Accommodation Agreement dated March 10, 2022, among OAKES DAVID EDWARDS, JR.; R. H. WELDERS HEIRS, LTD; OAKES W. CARSON, TRUSTEE OF THE CARSON GRANDCHILDREN 2009 TRUST; HELEN FORD ALLEN, TRUSTEE OF THE HELEN FORD ALLEN NON-EXEMPT TRUST; GRACE FORD POWERS, TRUSTEE OF THE GRACE FORD POWERS NON-EXEMPT TRUST; E-H PARTNERSHIP, LTD.; ROCKING 6 CATTLE COMPANY, LTD.; RICHARD P. THOMAS; JEANNE THOMAS TALLEY; HUGHES CALDWELL THOMAS; DIANA WELDER MORRISON; and JANE HAMILTON MCKEE, collectively “Mineral Owners”, EVANGELINE/ LAGUNA, LP, as Water Developer” and WELDER SOLAR, LP, as “Solar Developer,” filed of record as Instrument No. 723538, Official Records of San Patricio County, Texas. Page 26 of 33 EXHIBIT C FORM OF GROUNDWATER RIGHTS SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON. YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GROUNDWATER RIGHTS SPECIAL WARRANTY DEED Date: Effective as of [________________] Grantor: EVANGELINE LAGUNA, LP, a Texas limited partnership Grantor's Mailing Address: 5111 Broadway San Antonio, Texas 78209 Grantee: CITY OF CORPUS CHRISTI, a home rule Texas municipality Grantee's Mailing Address: Attn: Peter Zanoni, City Manager 1201 Leopard Street, 5th Floor Corpus Christi, TX 78401 Consideration: Cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Real Property: See Exhibit A attached hereto. Groundwater: All of the underground water, percolating water, artesian water, and any other water from any and all depths and reservoirs, formations, depths and horizons beneath the surface of the Real Property, excluding underflow or flow in a defined subterranean channel, and as defined by Section 36.001(5) of the Texas Water Code. Groundwater Rights: The Groundwater, together with all associated rights related to the Groundwater including but not limited to the right to capture, explore for, drill for, develop, withdraw, produce, store, treat, transport and/or otherwise beneficially use such Groundwater. Reservations from Conveyance and Exceptions to Conveyance and Warranty: 1. Any existing limitations, restrictions, applicable rules, or other conditions now in effect or that may be adopted or imposed by the District, including but not limited to the limitations and conditions to the rights to withdraw and beneficially use the Groundwater Rights. Page 27 of 33 2. Any physical aspect of the Groundwater Rights including but not limited to availability, existence, utility, recoverability, source, quality, condition, potability, chemistry, or other characteristics of groundwater, if any, lying on, under, or over the Real Property. 3. Lack of a right of access. 4. Any subsequent decrease in the amount of Groundwater Rights available for withdrawal pursuant to any permit that is the result of any pro rata reduction applied to all holders of permits for withdrawal of Groundwater Rights by the District or any governmental entity with authority to restrict Groundwater Rights withdrawals. 5. All matters disclosed on Exhibit B attached hereto and made a part hereof for all purposes. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells and conveys to Grantee all of Grantor’s Groundwater Rights, together with all rights and appurtenances thereto, to have and to hold forever. Grantor binds Grantor and Grantor’s successors and assigns to warrant and forever defend all and singular the Groundwater Rights to Grantee and Grantee’s successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. [Signature Pages Immediately Follow] Page 28 of 33 GRANTOR: EVANGELINE LAGUNA, LP, a Texas limited partnership By: Evangeline/Laguna GP, LLC, its General Partner By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on this ____ day of ____________, 202___, by __________________, ___________________ of Evangeline/Laguna GP, LLC, a Texas limited liability company, the general partner of Evangeline Laguna, LP, a Texas limited partnership, on behalf of said partnership. Notary Public, State of Texas Page 29 of 33 Grantee, accepts the attached deed and consents to its form and substance. Grantee acknowledges that the terms of the deed conform with Grantee’s intent and that they will control in the event of any conflict with the agreement Grantee signed regarding the Groundwater Rights described in the deed: GRANTEE: CITY OF CORPUS CHRISTI, a home rule Texas municipality By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF NUECES § This Instrument was acknowledged before me on this ____ day of ____________, 202___, by __________________, ___________________ of the City of Corpus Christi, a Texas home rule municipality, on behalf of said entity. _________________________________ Notary Public, State of Texas [Exhibit A (legal description of Real Property) and Exhibit B (Permitted Exceptions as determined pursuant to the Agreement) are intentionally omitted from this Exhibit C to the Agreement but will be inserted by the parties at Closing.] Page 30 of 33 EXHIBIT D FORM OF BILL OF SALE BILL OF SALE Date: Effective as of [________________] Seller: EVANGELINE LAGUNA, LP, a Texas limited partnership Seller's Mailing Address: 5111 Broadway San Antonio, Texas 78209 Buyer: CITY OF CORPUS CHRISTI, a home rule Texas municipality Buyer's Mailing Address: Attn: Peter Zanoni, City Manager 1201 Leopard Street, 5th Floor Corpus Christi, TX 78401 Consideration: Cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Real Property: See Exhibit A attached hereto. Transferred Properties: All rights of Grantor in and to any groundwater wells, pumps, motors, well casing, and related equipment drilled, completed, constructed, and installed on the Real Property and owned by Seller in connection with the Groundwater Rights, as such term is defined in that certain Groundwater Rights Special Warranty Deed from Seller to Buyer of even date herewith and recorded in the public records of San Patricio County, Texas (the “Deed”). Exceptions to Transfer and Warranty: All those Exceptions to Conveyance and Warranty contained in the Deed. For the Consideration, Seller transfers to Buyer the Transferred Properties, subject to the Exceptions to Transfer and Warranty. As a material part of the Consideration for this sale, Seller and Buyer agree that Buyer is taking the Transferred Properties “AS IS” and there are no representations, disclosures, or express or implied warranties except as contained in this bill of sale. Buyer has not relied on any information other than Buyer’s inspection of the Transferred Properties. To have and to hold the Transferred Properties to Buyer, its successors and assigns forever. Seller binds Seller and Seller’s successors and assigns to warrant and forever defend all Page 31 of 33 and singular the Transferred Properties to Buyer and Buyer’s successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through or under Seller but not otherwise, except as to the Exceptions to Transfer and Warranty. [Signature Pages Immediately Follow] Page 32 of 33 SELLER: EVANGELINE LAGUNA, LP, a Texas limited partnership By: Evangeline/Laguna GP, LLC, its General Partner By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me on this ____ day of ____________, 202___, by __________________, ___________________ of Evangeline/Laguna GP, LLC, a Texas limited liability company, the general partner of Evangeline Laguna, LP, a Texas limited partnership, on behalf of said partnership. Notary Public, State of Texas Page 33 of 33 Buyer, accepts the attached bill of sale and consents to its form and substance. Buyer acknowledges that the terms of the bill of sale conform with Buyer’s intent and that they will control in the event of any conflict with the agreement Buyer signed regarding the Transferred Properties. BUYER: CITY OF CORPUS CHRISTI, a home rule Texas municipality By: Name: Title: ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF NUECES § This Instrument was acknowledged before me on this ____ day of ____________, 202___, by __________________, ___________________ of the City of Corpus Christi, a Texas home rule municipality, on behalf of said entity. _________________________________ Notary Public, State of Texas [Exhibit A (legal description of Real Property) is intentionally omitted from this Exhibit D to the Agreement but will be inserted by the parties at Closing.] L:\Legal\SHARED\Admin Projects\2025\ILA CCC-SINTON Groundwater Wells.doc 1 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CITY OF SINTON FOR POSSIBLE REMEDIATION ACTIVITIES DUE TO THE EVANGELINE GROUNDWATER PROJECT This Interlocal Cooperation Agreement (“Agreement”) is made by and between the City of Corpus Christi, Texas (“Corpus Christi”), a municipal corporation and home-rule city of the State of Texas, acting by and through its governing body, the City Council, and the City of Sinton, a municipal corporation and home-rule city of the State of Texas, acting by and through its governing body, the City Council, (“Sinton”). Corpus Christi and Sinton are sometimes referred to in this Agreement as “Parties” and individually as a “Party”. WHEREAS, Sinton blends water from three active wells (#16, #17 and #18) (“Sinton Wells”) shown Exhibit A to provide water to its customers; WHEREAS, Sinton Well #16 is located on the NE side of the Golf Course and was drilled in 1983 with a 12-inch stainless steel pipe and screens to a depth of 650 ft and produces approximately 800 GPM with water quality consisting of chloride concentrations of 240 mg/l and TDS of 844 mg/l; WHEREAS, Sinton Well #17 is located on County Road 28A and was drilled in 1989 with a 12-inch stainless steel pipe and screens to a depth of 696 ft and produces approximately 1000 GPM with water quality consisting of chloride concentrations of 363 mg/l and TDS of 972 mg/l; WHEREAS, Sinton Well #18 is located on the NW side of the City Park and was drilled in 1993 with a 12-inch stainless steel pipe and screens to a depth of 582 ft and produces approximately 1000 GPM with water quality consisting of chloride concentrations of 217 mg/l and TDS of 766 mg/l; WHEREAS, baseline water quality data for the Sinton Water System is attached as Exhibit B (“Baseline Water Quality”); and WHEREAS, Corpus Christi is developing a groundwater project north of the Sinton Wells with expectations to pump 28,486 acre feet of water per year (“Evangeline Project”). NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI, TEXAS, AND THE CITY OF SINTON, TEXAS: The parties agree that neither party is an agent, servant or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives and agents. SECTION 1. Sinton Responsibilities. 1.1 Sinton shall operate and maintain its wells and water system described in Exhibit A, including any improvements or additions that Corpus Christi may construct under this Agreement for Sinton’s water system. L:\Legal\SHARED\Admin Projects\2025\ILA CCC-SINTON Groundwater Wells.doc 2 1.2 Sinton shall notify Corpus Christi Water (CCW) of any of the following events: a. Mechanical failure of Sinton’s systems; b. Water quality differs significantly from the Baseline Water Quality; c. Water quantity from any Sinton Well is less than 800 GPM. 1.3 Investigation. Sinton shall participate in any investigation of water quality or water quantity issues that Sinton deems attributable to the Evangeline Project. 1.4 Interconnect. Corpus Christi will construct an interconnection, including pipelines, valves and a meter, to Corpus Christi’s Evangeline wellfield to provide emergency water to Sinton (“Interconnection”). a. Sinton must notify CCW within 48 hours of its intent to use the Interconnection. b. If the Interconnection is required due to 1.2.a or any other cause not attributable to Evangeline Project, Sinton shall use the Interconnection for 60 days at no cost. Beginning on day 61 until the Interconnection is turned off, Sinton shall pay the Corpus Christi’s published raw water rate for all Interconnection water. c. If the Interconnection is required due to the Evangeline Project, Sinton shall not be charged for the Interconnection water until Corpus Christi remedies the issue and the water quality and/or quantity is restored in the Sinton Wells. 1.5 Permits. Sinton shall obtain, at Corpus Christi’s cost, all permits required by the San Patricio Groundwater Conservation District for remediation required in 2.3.a. SECTION 2. Corpus Christi Responsibilities. 2.1 Corpus Christi shall employ engineers and hydrogeologists to assist in the development and construction of the Evangeline Project. 2.2 Investigation. Within 24 hours of notification by Sinton of water quality or water quantity issues, CCW shall perform an onsite investigation to determine the cause. 2.3 Remediation. a. If CCW determines the cause is the Evangeline Project, CCW shall implement a plan to remedy the issue that may include (1) drilling a deeper well in the existing location; (2) drilling a new well; (3) providing Interconnection water at no cost; (4) a combination of remedies; and/or (5) a mutually agreeable remedy. b. If CCW determines the cause is not the Evangeline Project, CCW shall hire a third party investigator to determine the cause. If the investigator determines that the cause is not the Evangeline Project, Sinton is responsible for all costs to remedy the issue. Sinton may use the Interconnection as detailed in section 1.4. SECTION 3. TERM OF AGREEMENT AND TERMINATION. L:\Legal\SHARED\Admin Projects\2025\ILA CCC-SINTON Groundwater Wells.doc 3 3.1 Effective Date. The effective date of this Agreement is the date on which all parties have executed this Agreement. 3.2 Term. This Agreement shall be for a term of fifty years beginning on the Effective Date and may be administratively renewed upon written agreement of the parties. 3.3 Termination. Either party may terminate this Agreement by: a. giving written notice to the other party if the other party (“Defaulting Party”) materially breaches any term, condition or provision of this Agreement and fails to cure the breach to the satisfaction of the notifying party within 30 days after the Defaulting Party receives a written notice of the breach from the notifying party; or b. mutual agreement of both parties. SECTION 4. PAYMENTS. 4.1 Any payment made by either the Corpus Christi or Sinton 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 Interlocal Cooperation Act. All funding obligations of Corpus Christi and Sinton under this Agreement are subject to the appropriation of funds by each entity in its annual budget. 4.2 Corpus Christi shall invoice Sinton for water used under section 1.4.b. and Sinton shall pay pursuant to Chapter 2251, Texas Government Code. SECTION 5. GENERAL PROVISIONS. 5.1 Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either Sinton or Corpus Christi in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. 5.2 Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. 5.3 Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. 5.4 Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. L:\Legal\SHARED\Admin Projects\2025\ILA CCC-SINTON Groundwater Wells.doc 4 The initial addresses of the parties, which one party may change by giving written notice of its changed address to the other party, are as follows: Corpus Christi Sinton Peter Zanoni John Hobson City Manager City Manager City of Corpus Christi City of Sinton 1201 Leopard, 5th Floor 301 E. Market St Corpus Christi, Texas 78401 Sinton, Texas 78387 Corpus Christi Water Nick Winkelmann Interim Chief Operating Officer NickW@cctexas.com 361-826-1796 4.5 Non-Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 4.6 Successors. This Agreement shall bind and benefit the parties and their legal successors. 4.7 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. 4.8 Interlocal Cooperation Act. This Agreement is subject to the terms and provisions of the Texas Interlocal Cooperation Act, codified as Chapter 791 of the Texas Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act. 4.9 Relationship of Parties. In performing this Agreement, Corpus Christi and Sinton shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 4.10 Disputes. Each party agrees that any dispute between the parties relating to this Agreement will first be submitted in writing to a panel of two senior executives of Corpus Christi and Sinton, who shall promptly meet and confer in an effort to resolve such dispute through good faith consultation and negotiation. Each party’s executives shall be identified by notice to the other party and may be changed at any time thereafter also by notice to the other party. L:\Legal\SHARED\Admin Projects\2025\ILA CCC-SINTON Groundwater Wells.doc 5 Any decisions of the executives will be final and binding on the parties, unless approval by the governing bodies of the parties is required by law. In the event the executives are unable to resolve any dispute within 30 days after submission to them, either party may then refer such dispute to mediation. If the parties refer to mediation any controversy or claim arising out of or relating to this Agreement or the existence, validity, breach or termination thereof, whether during or after its term, they shall select a mutually acceptable mediator within 45 days thereafter. Neither party shall unreasonably withhold consent to the selection of a mediator. The parties shall share equally the costs of mediation. If the parties agree, they may substitute other forms of alternative dispute resolution. Any mediation shall not extend beyond 30 days after the appointment of the mediator, and should the parties fail to resolve any dispute by mediation within such 30-day period, the parties shall have all rights available at law or in equity. 4.11 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and it shall be performable in San Patricio County, Texas. IN WITNESS WHEREOF, Corpus Christi and Sinton have made and executed this Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI CITY OF SINTON Jeffrey H. Edmonds, P.E. Date Mary Speidel, Mayor Date Director of Engineering Services ATTEST: ATTEST: Rebecca Huerta, City Secretary Date Cathy Duhart, City Secretary Date APPROVED AS TO FORM: John Hobson, City Manager Date __________________________________ Assistant City Attorney Date EXHIBIT A EXHIBIT B DATE: October 21, 2025 TO: Peter Zanoni, City Manager FROM: Sergio Villasana, Director of Finance Sergiov2@cctexas.com (361) 826-3227 CAPTION: Consideration and approval of a resolution relating to establishing the City’s intention to reimburse itself for the prior lawful expenditure of funds relating to any capital expenditures from the proceeds of one or more series of tax-exempt or taxable obligations to be issued by the City in an aggregate amount not to exceed $169,500,000 for authorized purposes, including the Evangeline groundwater rights project; authorizing other matters incident and related thereto; and providing an effective date . SUMMARY: The City of Corpus Christi is planning on executing a Groundwater Rights Purchase and Sale Agreement with Evangeline/Laguna, LP in the amount of $169,491,700.00 , prior to the issuance of bonds. his resolution is necessary to allow the City to incur costs and subsequently reimburse itself with bond proceeds once the bonds are issued. BACKGROUND AND FINDINGS: During the September 23rd council meeting, Council approved the negotiated term sheet for fee simple groundwater rights. The negotiated contract includes a purchase price of $7,437 for 22,789 acres of groundwater rights. As part of the purchase, surface use agreements and surface accommodation agreements will be provided to the City. The negotiated contract also includes a $1,000,000 earnest and option payment for a 120 -day inspection period with an additional $3,250,000 to be escrowed at the end of the Reimbursement Resolution for Groundwater Rights Purchase and Sale Agreement with Evangeline/Laguna, LP AGENDA MEMORANDUM Action Item for the City Council Meeting October 21, 2025 inspection period and applied to the purchase price at closing. The seller will have 180 days after the inspection period to provide final, non -appealable permits for twenty-two wells, production permit, and transport permit with closing to occur sixty days after all permits are obtained. Pre-engineering has begun to review surface use agreements, identify well locations, determine alignment for water line and electrical infrastructure, locate the required pump station, and integrate the groundwater source with the conveyance of the Mary Rh odes Pipeline. Hydrogeologic modeling is also being conducted to determine long term safe pumping for the well field. For the City to be eligible for reimbursement of any expenditure incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U.S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: The alternative would be to reject the reimbursement resolution, which would prevent the City from reimbursing itself for any costs incurred using bond proceeds. FISCAL IMPACT: Approval of this item will allow City staff to use current funds, once appropriated, to support the Groundwater Rights Purchase and Sale Agreement with Evangeline/Laguna, LP. Once the debt is issued, these funds will be replenished with bond proceeds. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution draft RESOLUTION NO. [ ] A RESOLUTION RELATING TO ESTABLISHING THE CITY’S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO ANY CAPITAL EXPENDITURES FROM THE PROCEEDS OF ONE OR MORE SERIES OF TAX-EXEMPT OR TAXABLE OBLIGATIONS TO BE ISSUED BY THE CITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $169,500,000 FOR AUTHORIZED PURPOSES, INCLUDING THE EVANGELINE GROUNDWATER RIGHTS PROJECT; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance costs associated with: (1) constructing, improving, enlarging, repairing, and extending the City’s combined utility system and the purchase of equipment, supplies, machinery, and other personal property relating to the System, including the purchase of groundwater rights (the Construction Costs); (2) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs); (3) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs); and (4) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the projects that are the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt or taxable obligations (the Obligations) that the Issuer currently contemplates issuing obligations in the principal amount of not to exceed $169,500,000 to finance a portion of the costs of the Project; and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before draft making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer’s budgetary and financial circumstances; and WHEREAS, the Governing Bod y hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer’s reasonable, official intent under section 1.150-2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer’s General Fund or other lawfully available funds of the Issuer. SECTION 2. The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4. The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5. This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6. With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of replacement proceeds, as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt obligations. SECTION 7. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 9. This Resolution shall be construed and enforced in accordance with the laws draft of the State of Texas and the United States of America. SECTION 10. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] Signature page to the Resolution S-1 PASSED, ADOPTED AND APPROVED on this the ____ day of ______________, 2025. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS ____ day of ______________, 2025: City Attorney DATE: TO: FROM: October 21, 2025 Peter Zanoni, City Manager Esteban Ramos, Water Resource Manager, CCW Estebanr2@cctexas.com (361) 826-3294 CAPTION: Resolution to authorize petitions and other appropriate information and documents to be submitted to the Corpus Christi Aquifer Storage and Recovery Conservation District to include City-owned properties in the District under Texas Water Code section 36.321 SUMMARY: Submit a petition to the Corpus Christi Aquifer Storage and Recovery Conservation District to include City properties within the District boundaries. BACKGROUND AND FINDINGS: The City operates Eastern Water Well Fields where Well Nos. 1 through 8 are located. The City is also developing the Western Water Well Field and current status is Well Nos. 9 through 12 are under construction. The Eastern and Western Well fields are located on property owned by the City located outside of the City limits in Nueces County. The wells are not located within a groundwater district. Last month, a petition was submitted to TCEQ for a new proposed Nueces County Groundwater District. This Resolution is to submit a petition to include the City well properties within the boundaries of the Corpus Christi Aquifer Storage and Recovery Conservation District. ALTERNATIVES: FISCAL IMPACT: No fiscal impact is associated with this Resolution. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Petition to the Corpus Christi Aquifer Storage and Recovery Conservation District to include City properties within the District boundaries AGENDA MEMORANDUM For the City Council Meeting of October 21, 2025 Account: RECOMMENDATION: Approve Resolution LIST OF SUPPORTING DOCUMENTS: Resolution with Petition RESOLUTION TO AUTHORIZE PETITIONS AND OTHER APPROPRIATE INFORMATION AND DOCUMENTS TO BE SUBMITTED TO THE CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT TO INCLUDE CITY-OWNED PROPERTIES IN THE DISTRICT UNDER TEXAS WATER CODE SECTION 36.321 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council authorizes City staff to submit petitions including the attached Petition and other appropriate information and documents to the Corpus Christi Aquifer Storage and Recovery Conservation District to include City-owned properties in the District under Texas Water Code Section 36.321. The form of the attached petition is authorized to be used to submit additional petitions to include additional City-owned property in the District. The City Attorney is authorized to modify the form of the petition as necessary for compliance with applicable laws and regulations. PASSED and APPROVED on the _____ day of ________________, 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary PETITION TO THE CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT TO ADD TERRITORY UNDER TEXAS WATER CODE 36.321 To the Board of the Corpus Christi Aquifer Storage and Recovery Conservation District: The City of Corpus Christi (“Petitioner”), an owner of certain real property situated in Nueces County, submits this Petition Requesting Inclusion of certain Petitioner-owned property into the Corpus Christi Aquifer Storage and Recovery Conservation District (“District”). In support of the Petition, the Petitioner shows the District the following: Recitals Whereas, Texas Water Code Section 36.321 provides that an owner of land not already in a groundwater conservation district (a “GCD”) may request that the owner’s land be included in the district; and Whereas, Texas Water Code Section 36.331 provides that land not contiguous to the existing boundaries of a GCD may be added to the GCD if the land and the GCD are located within the same management area; and Whereas, Texas Water Code Section 36.323 provides that the GCD board shall hear and consider a petition to be included in the GCD, and may add the land described in the petition to the GCD, if it is considered to be to the advantage of the petitioner and to the existing GCD; and Whereas, the District is a conservation and reclamation district charged with conserving, preserving, protecting, recharging, and preventing waste of groundwater and groundwater reservoirs or their subdivisions, to control subsidence caused by withdrawal of water from those groundwater reservoirs or their subdivisions, and to develop and protect municipal aquifer storage areas created by the City of Corpus Christi, consistent with the objectives of Section 59, Article XVI, Texas Constitution, Whereas, the District regulates groundwater production within a territory defined by Section 8811.004 of the Texas Special District Local Laws Code, as that territory has been modified from time to time since the creation of the District; and Whereas, the City of Corpus Christi (the “Petitioner”) owns certain parcels of real property in Nueces County, as more specifically described below (the “Petitioner’s Property”); and Whereas, the Petitioner’s Property is not already in a GCD; and Whereas, the Petitioner’s Property and the District are each located within Groundwater Management Area 16 (“GMA 16”); and Whereas, the District does not have bonds, notes, or other obligations outstanding or bonds payable in whole or in part from taxation that have been voted but are unissued; and Whereas, the inclusion of the Petitioner’s Property into the District would be to the advantage of the District and the Petitioner. Request to Include Land Within the District 1. Recitals Incorporated: The recitals above are true and correct and are incorporated into this Petition for all purposes. 2. Land to Be Included: Petitioner requests that the following tracts of land described below (referred to throughout as “Petitioner’s Property”) each be included in the District: a. NCAD Property ID: 292297; Legal Description: Lot 142, Riverside Addition, Unit Three, an addition to Nueces County, Texas, according to the map or plat thereof, recorded in Volume 23, Page 23, Map Records of Nueces County, Texas . b. NCAD Property ID: 292305; Legal Description: Lot 150, Riverside Addition, Unit Three, an addition to Nueces County, Texas, according to the map or plat thereof, recorded in Volume 23, Page 23, Map Records of Nueces County Texas, and also described in County Clerk’s Document File #962958, Official Records of Nueces County, Texas. c. NCAD Property ID 292306; Legal Description: Lot 151, Riverside Addition, Unit 3, an addition near the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded in Volume 23, Page 23, Map Records of Nueces County, Texas. d. NCAD Property ID 292307; Legal Description: Lot 152, Riverside Addition Unit 3, an addition to Nueces County, Texas, according to the map or plat thereof, recorded in Volume 23, Page 23, Map Records of Nueces County, Texas. e. NCAD Property ID 292310; Legal Description: Lot 155 and Lot 156, Riverside Addition, Unit Three, an addition to Nueces County, Texas, according to the map or plat thereof, recorded in Volume 23, Page 23, Map Records of Nueces County, Texas. f. NCAD Property ID: 292337; Legal Description: Lots 181, 182 and 183 Riverside Addition Unit Three, an addition to Nueces County, Texas, according to the map or plat thereof, recorded in Volume 23, Page 23, Map Records of Nueces County, Texas. g. NCAD Property ID: 292580; Legal Description: 4.235 acres of land, more or less, (sometimes known as Lot J of an unrecorded plat), out of Lot 1, Block 4, Riverside Addition Annex, a Subdivision located in Nueces County, Texas, a plat of which is recorded in Volume 29, Page 97, Map Records of Nueces County, Texas, said 4.325 acre tract being more particularly described by metes and bounds in Exhibit ‘A’ of a Deed of Trust recorded in Volume 2224, pages 449-454, of the Deed of Trust Records of Nueces County, Texas. h. NCAD Property ID: 292576; Legal Description: 3.24 acres of land, more or less, being unrecorded Lot “F”, Block 4, Riverside Addition Annex, a Subdivision located in Nueces County, Texas, according to the map or plat thereof recorded in Volume 29, Page 97, Map Records of Nueces County, Texas . i. NCAD Property ID: 292491; Legal Description: Lots 8 and 9, Block 1, Riverside Addition Annex, an addition to the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded in Volume 29, Page 97, Map Records of Nueces County, Texas . j. NCAD Property ID: 292579; Legal Description: RIVERSIDE ADD ANNEX LT I UNREC OUT LT 1 BLK 4. k. NCAD Property ID: 242732; Legal Description: Herrera Grant N Por 155.7622 ACS out of Par 7, and also described in County Clerk’s Document File #2025022944, Official Records of Nueces County, Texas. l. NCAD Property ID: 272719; Legal Description: Herrera Grant N Por 57.515 ACS out TRS 2,3 & 4 out of a 78.47 AC TR, and also described in County Clerk’s Document File #2025022944, Official Records of Nueces County, Texas. m. NCAD Property ID: 624275; Legal Description: Herrera Grant N Por 2.5 ACS out of 40.173 ACS out of S PT TR 1 SHR 1, and also described in County Clerk’s Document File #2025022944, Official Records of Nueces County, Texas. n. NCAD Property ID: 242724; Legal Description: Herrera Grant N Por 34.3388 ACS of Par 4, and also described in County Clerk’s Document File #2025022944, Official Records of Nueces County, Texas. 3. Maps. Each tract of Petitioner’s Property is illustrated in the map attached to this Petition as Exhibit A, which is incorporated into this Petition for all purposes. 4. GMA. All of Petitioner’s Property is located within GMA 16. A copy of the GMA 16 boundaries is attached to this Petition as Exhibit B, which is incorporated into this Petition for all purposes. 5. Advantage of Inclusion. The Petitioner and the District each benefit by adding Petitioner’s Property to the District. The District territory was intended to include, among other territory, all property in Nueces County that is owned by the Petitioner. Inclusion of Petitioner’s Property in the District gives the District the ability to manage Petitioner’s groundwater resources uniformly and in the same manner as the other groundwater resources within its jurisdiction. The Petitioner benefits by having its Nueces County groundwater resources subject to a single regulatory body, bringing consistency and predictability to the Petitioner’s management of its groundwater resources. This consistency and predictability of groundwater management benefits the Petitioner and the District equally. 6. Modified District Boundaries. Upon granting the Petition, the District boundaries will be modified to include the tracts of land identified herein as Petitioner’s Property. 7. Request for Board Action. The City of Corpus Christi respectfully requests that the Corpus Christi Aquifer Storage and Recovery Conservation District: a. hear and consider this Petition; b. grant this Petition to add the Petitioner’s Property, as described above and in Exhibit A, to the Corpus Christi Aquifer Storage and Recovery Conservation District; c. grant a variance for existing City wells; and d. record the granted Petition in the office of the Nueces County Clerk. Submitted by: The City of Corpus Christi Attest: _________________________ ____________________ Peter Zanoni Rebecca Huerta City Manager City Secretary STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this the _____ day of October, 2025 by __________________as the ________________for the City of Corpus Christi, Texas. ____________________ Notary Public, State of Texas EXHIBIT A Western Wellfield Eastern Wellfield EXHIBIT B DATE: TO: FROM: October 21, 2025 Peter Zanoni, City Manager Nicholas Winkelmann, P.E. Interim Chief Operating Officer nickw@cctexas.com 361-826-1796 CAPTION: Motion authorizing a Short-term non-refundable Option for Potable Water Reservation and Diversion Contract with the Nueces River Authority to reserve 56,007-acre feet per year (50 MGD) from the Harbor Island Seawater Desalination Plant in the amount of $2,737,622.16, with FY 2026 funding available from the Water Fund. SUMMARY: The non-refundable Option Contract with the Nueces River Authority (NRA) for future purchase and diversion of up to 56,007 acre-feet (50 MGD) of potable water from the Harbor Island Seawater Desalination Plant for municipal use. BACKGROUND AND FINDINGS: The Nueces River Authority (NRA) was established by the Texas Legislature in 1935. The enabling statute gave the NRA the authority to preserve, protect and develop water resources. This includes flood control, irrigation, navigation, water supply, wastewater treatment and water quality control. NRA is responsible for these resources in the 17,500 square mile Nueces River Basin. The Authority can also provide services outside the Nueces Basin as requested. NRA is governed by a 21-member board of directors appointed by the Governor of Texas with consent of the Texas Senate. To assist South Texas in meeting the water supply needs, NRA developed the “New Water for South Texas Plan.” The plan entails a seawater desalination water treatment plant and conveyance system. The initial Phase is planned for 100 MGD with expansion as needed up to 450 MGD. The proposal is congruent with the Texas Legislature’s emphasis on larger regional projects that address multiple cities and water districts which offer fewer treatment facilities and lower cost due to economies of scale. To accomplish the project, NRA plans include a Public Private Partnership (P3). NRA will seek a Option Contract to Reserve 50 MGD of water from Harbor Island Seawater Desalination Plant AGENDA MEMORANDUM City Council Meeting of October 21, 2025 private partner with over 20 years of seawater desalination experience to finance, design, build, operate, maintain, and transfer the operations of the plant to NRA at a future date. The P3 partner will operate the treatment facility under a water pricing agreement. The plant is proposed as a reverse osmosis plant with offshore marine works. Water conveyance will be financed and managed by NRA. The initial phase of the water conveyance system includes 178 miles of pipe, with an 84-inch main line, a 72-inch eastern transmission main, a 48-inch western transmission main, one main water pumping station and 2 booster pumping stations. The NRA expects to issue a Request for Qualifications (RFQ) for the design of this conveyance system by the end of September. NRA has stated that CCW would have the ability to provide input into this project to ensure that the City’s future connection to this conveyance line will be taken into consideration. NRA leased approximately 30 acres of land from the Port of Corpus Christi to construct the treatment plant. The July 2025 executed lease allows NRA to own and operate a seawater desalination facility under fifty-year agreement with an option for renewal. The lease includes pipeline easements and conveyance of the permits needed to operate the facility. The reservation fee option contract between the City and NRA is non-refundable and does not provide a guarantee regarding the delivery date. Additional infrastructure would be required for CCW to accept the delivery of this water. This additional infrastructure would require design and construction. Estimated Timeline for the Project: September 2025 Permit from US Corps of Engineers for Diversion and Brine Dispersion Structures Issued September 2025 Issue Request for Qualifications – Water Conveyance Design October 2025 Issue Request for Proposals for Private Partner – Desal Treatment December 2025 Evaluate responses from Water Conveyance and Private Partners January 2026 Board of Director consideration of staff review and recommendation of Water Conveyance Engineers and Private Partners Jan – Dec 2026 Work with Private Partner on Modeling Plant design; Work with Contracted Engineers on Water Conveyance design Jan – March 2027 Bid Conveyance Construction and work with P3 Partner on Plant Construction Bid April – June 2027 Begin Construction December 2029 Initiate Commissioning of initial phase of project December 2029 Begin Operation of initial phase of project ALTERNATIVES: The alternative is not to pursue an option for this project. Other options would be to reserve a lesser amount as shown in the table below. Water Purchase Agreement Amount Option Fee 56,007 ac.ft/yr 50 MGD $2,737,622.16 44,806 ac.ft/yr 40 MGD $2,190,117.28 33,604 ac.ft/yr 30 MGD $1,642,563.52 FINANCIAL IMPACT: The fiscal impact for the FY 2026 is an amount up to $2,737,622.16 with funding available from Water Fund. Since this item was not included in the FY 2026 Water Fund budget, funding will be sourced from the Capital Improvement Program (CIP) Cash Funding, also known as the Pay-Go account. This allocation will reduce the available cash funding for the capital water line replacement projects. CCW remains optimistic that some of the scheduled projects may be completed under budget. However, if cost savings do not materialize during the fiscal year, the total amount of revenue bonds required for the line replacement initiative may need to be increased. Given that this is a one-time, non-refundable expenditure, staff does not recommend adjusting the adopted rate or utilizing debt financing. Funding Detail Fund: 4010 – Water Fund Org/Activity: 30230 – Water Supply Development Department: 45 – Water Account: 530040 – Water rights/royalty/row expenses Amount: $2,737,622.16 RECOMMENDATION: Staff recommend entering into the Option Contract. LIST OF SUPPORTING DOCUMENTS: Contract COF 1 SHORT-TERM OPTION FOR POTABLE WATER RESERVATION AND DIVERSION CONTRACT THIS SHORT-TERM OPTION FOR POTABLE WATER RESERVATION AND DIVERSION CONTRACT (“Option Contract”) is made and entered into pursuant to Texas Special Districts Local Laws Code, Chapter 8511 (collectively the “NRA Act”) by and between the NUECES RIVER AUTHORITY (“NRA”), a conservation and reclamation district created pursuant to Article 16, Section 59 of the Texas Constitution, and (“Customer”). In this Option Contract, NRA and Customer are sometimes individually referred to as a “Party” and collectively referred to as the “Parties.” The effective date (“Effective Date”) of this Option Contract shall be the date it is last signed by a Party. RECITALS WHEREAS, pursuant to the NRA Act, a purpose of NRA is the conservation and development of the State of Texas’ (the “State’s”) natural resources inside the Nueces River Basin, including the control, storage, preservation, and distribution of the State’s water for municipal and industrial uses; WHEREAS, NRA has entered into a formal agreement with the Port of Corpus Christi Authority (the “Port”) whereby the Port will lease property and permit use of the necessary regulatory permits to NRA to enable NRA to construct, own, and operate a seawater desalination plant on Harbor Island to enhance water supply and water resource security in the region; WHEREAS, by virtue of its agreement with the Port, NRA will have license to certain water rights held by the Port authorizing NRA to divert seawater for desalination; 2 WHEREAS, Customer desires eventually—at a time subsequent to this Option Contract—to contract with NRA for the purchase and diversion of potable water resulting from NRA’s intake and treatment of seawater at its Harbor Island desalination plant; WHEREAS, Customer desires to first acquire an option to contract with NRA for the future purchase and diversion of up to __________ acre-feet per year of potable water for Customer’s future municipal or industrial use; WHEREAS, NRA has stated and Customer agrees that Customer is entering into this Option Contract to reserve potable water from the Harbor Island desalination plant and will pay a total option fee of __________, which equals the two annual payments that covers the entire option period (“Option Fee”); WHEREAS, NRA has stated and Customer agrees that the option period begins on the Effective Date of the Option Contract and shall continue until the Harbor Island desalination plant is producing potable water that can be delivered to Customer (“Option Period”). NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, NRA grants Customer an option to contract for up to __________ acre- feet per year of potable water resulting from NRA’s intake and treatment of seawater at its Harbor Island desalination plant for Customer’s future municipal or industrial use, and Customer agrees to pay NRA a one-time Option Fee for such right, upon terms and conditions hereinafter set forth, to-wit: ARTICLE 1. 1.1 Customer specifically acknowledges that this Option Contract does not grant the Customer any right or option to purchase any portion of any certificate of 3 adjudication or other water right owned by NRA or the Port now or into the future or to reserve and/or divert any water subject to the same and does not provide any right or option to purchase capacity in the desalination plant or any future conveyance infrastructure. Rather, this Option Contract involves only the reservation and option to purchase potable water from NRA. Terms and conditions relating to the purchase and diversion of potable water, including but not limited to transportation at Customer’s sole cost and expense, will be negotiated in a separate water supply agreement. 1.2 Customer specifically acknowledges that NRA and/or the Port reserve the right to seek amendment by the applicable regulatory authority to any certificate of adjudication or other water right held by NRA and/or the Port as deemed necessary by NRA and/or the Port. 1.3 Customer specifically acknowledges that the future availability and timing of potable water for purchase and diversion from the Harbor Island desalination plant is not guaranteed and is wholly dependent upon factors outside of NRA’s dominion and control, including but not limited to regulatory permitting, entry of agreements with the Port, and the timely and competent performance of third-party contracted work. 1.4 By entering into this Option Contract, Customer warrants that it has exercised its due diligence in determining the viability and legality of obtaining future water service from NRA from the proposed Harbor Island desalination plant, including, but not limited to due diligence in determining whether Customer is located in the CCN of any other entity obligated to provide water service. Customer agrees, warrants, and represents that if it has determined that there are CCN, or any other obstacles to the receipt of water from NRA, it is solely Customer’s responsibility to address and remove such obstacles. 4 1.5 NRA hereby grants Customer an option to contract for the reservation and/or purchase and diversion of up to __________ acre-feet per year (the “Option Quantity”) of potable water resulting from NRA’s intake and treatment of seawater at its Harbor Island desalination plant for Customer’s municipal or industrial use for the Option Period. 1.6 The Parties agree that the Option Quantity shall represent the amount of potable water Customer shall be entitled to subsequently contract with NRA to purchase and divert from the Harbor Island Desalination plant if Customer exercises the option authorized herein, and that the Option Quantity stated herein may be increased but may not be decreased in any subsequent amendments to this Option Contract without mutual agreement of both parties. 1.7 The Parties agree that during the Option Period, Customer may exercise its option by entering into a water supply contract with NRA that identifies the purchase and/or diversion quantities at such rates as may be adopted in future. The parties agree that if a water supply contract is not executed by both parties before the end of the Option Period, this Option Contract shall automatically terminate as of the next day immediately following the end of the Option Period. ARTICLE 2. 2.1 For the right to preserve the option to subsequently reserve and/or purchase and divert up to __________ acre-feet per year potable water as provided by this Option Contract, Customer unconditionally agrees to pay NRA the Option Fee of of $24.44 per acre-foot for the Option Period, or the total sum of $________, to preserve Customer’s option. The total sum will be paid to NRA on or before _________. The one-time Option 5 Fee paid by Customer shall be non-refundable when made and shall not apply against the purchase price of any water purchased by Customer in the future. 2.2 Customer specifically acknowledges that payments made pursuant to this Option Contract are for the purpose of securing Customer’s reservation for future purchase and diversion of potable water from the Harbor Island desalination plant, and NRA has the right to use such payments or portions thereof to finance the Harbor Island desalination plant project, at the sole discretion of NRA. ARTICLE 3. 3.1 The execution of this Option Contract has been duly authorized by NRA and Customer pursuant to proper notices and procedures, and each Party warrants and represents to the other that it is duly authorized to execute this Option Contract upon the terms set forth herein. 3.2 This Option Contract may not be assigned by Customer without NRA’s agreement to same in writing. 3.3 The Parties agree that this Option Contract shall not be construed in favor or against either Party on the basis that the Party did or did not draft this Contract. 3.4 This Option Contract shall be for the sole and exclusive benefit of the Parties hereto and shall not be construed to confer any rights upon any third party. 3.5 No modifications to or rescission of this Option Contract may be made except by a written document signed by NRA’s and Customer’s authorized representatives. 3.6 This Option Contract is by and between NRA and Customer and is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association as between NRA and Customer nor between Customer and any officer, employee, contractor, or representative of NRA. No joint 6 employment is intended or created by this Option Contract for any purpose. Customer agrees to so inform its employees, agents, contractors, and subcontractors who are involved in the implementation of or construction under this Option Contract. 3.7 Any notice, request or other communication under this Option Contract shall be given in writing and shall be deemed to have been given by either party to the other party at the addresses shown below upon any of the following dates: (a) The date of notice by electronic mail, which is confirmed promptly in writing; (b) Three business days after the date of the mailing thereof, as shown by the post office receipt if mailed to the other party hereto by registered or certified mail; (c) The date of actual receipt thereof by such other party if not given pursuant to (a) or (b) above. The address for notice for each of the Parties shall be as follows: Nueces River Authority 539 South Highway 83 Uvalde, Texas 78801 Customer: City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 or the latest address specified by such other Party in writing. 3.8 In the event that any clause or provision of this Option Contract shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions of this Option Contract. 3.9. Venue for any disputes arising out of this Contract shall be in Nueces County, Texas. 3.10 Each signatory to this Contract agrees, warrants, and represents that such person is authorized by the Party associated with such signature to execute this Contract 7 SIGNED IN DUPLICATE ORIGINALS this ______ day of ________, 2025. NRA By: ________________________________ Name: John J. Byrum II Title: Executive Director ATTEST: _________________________________ Eric Burnett President, Board of Directors (SEAL) CUSTOMER By: ________________________________ Name: ______________________________ Title: _______________________________ Approved as to legal form: ___________________________ Assistant City Attorney ATTEST: _________________________________ Rebecca Huerta City Secretary September 23, 2025 Nick Winkelmann, Interim Chief Operating Officer Corpus Christi Water P.O. Box 9277 Corpus Christi, Texas 78469 Re: New Water for South Texas Project Dear Nick, The Nueces River Authority (NRA) was established by the Texas Legislature in 1935. The enabling statue gave the NRA the authority to preserve, protect and develop water resources. This includes flood control, irrigation, navigation, water supply, wastewater treatment and water quality control. NRA is responsible for these resources in the 17,500 square mile Nueces River Basin. The Authority can also provide services outside the Nueces Basin as requested. NRA is governed by a 21 -member board of directors appointed by the Governor of Texas with consent of the Texas Senate. The Texas Water Plan 2022 reflects a water supply deficit for the Coastal Bend of 33 million gallons per day (MGD) in 2030, and 44 MGD in 2070. In the TWDB Region L area, which includes San Antonio, New Braunfels, San Marcos, Seguin, Victoria, Hondo, and Uvalde a 207 MGD deficit is expected by 2030 growing to a 358 MGD by 2070. The deficits do not include any added demands in the planning period for water needed by new industrial demands. To assist South Texas in meeting the water supply needs NRA developed the “New Water for South Texas Plan.” The plan entails a seawater desalination water treatment plant and conveyance system. The initial Phase is planned for 100 MGD with expansion as needed up to 450 MGD. The proposal is congruent with the Texas Legislature’s emphasis on larger regional projects that address multiple cities and water districts which offer fewer treatment facilities and lower cost due to economies of scale. To accomplish the project, NRA plans include a Public Private Partnership (P3). NRA will seek a private partner with over 20 years of seawater desalination experience to finance, design, build, operate, maintain, and transfer the operations of the plant to NRA at a future date. The P3 partner will operate the treatment facility under a water pricing agreement. The plant is proposed as a reverse osmosis plant with offshore marine works. Water conveyance will be financed and managed by NRA. The initial phase of the water conveyance system includes 178 miles of pipe, with an 84-inch main line, a 72-inch eastern transmission main, a 48 inch western transmission main, one main water pumping station and 2 booster pumping stations. NRA leased approximately 30 acres of land from the Port of Corpus Christi to construct the treatment plant. The July 2025 executed lease allows NRA to own and operate a seawater desalination facility under fifty-year agreement with an option for renewal. The lease includes pipeline easements and conveyance of the permits needed to operate the facility. The highlights of the estimated timeline for the project is on the following page. I have also attached the power point presentation I provided for the Council meeting in August. Please let me know if you need additional information about the project. Best Regards, John J. Byrum II Executive Director/CEO Estimated Timeline for the Project September 2025 – Draft Permit from US Corps of Engineers for Diversion and Brine Dispersion Structures Issued. September 2025 – Issue Request for Qualifications – Water Conveyance Design October 2025 - Issue Request for Proposals for Private Partner – Desal Treatment Receive Responses for Water Conveyance Design Begin Desal Plant Modeling Permit Application November 2025 - Receive Responses from Private Partner Proposal. Receive Draft Permit for Water Diversion & Brine Disposal from TCEQ. December 2025 – Evaluate responses from Water Conveyance and Private Partners. January 2026 - Board of Director consideration of staff review and recommendation of Water Conveyance Engineers and Private Partners. January – December 2026 – Work with Private Partner on Modeling Plant design Work with Contracted Engineers on Water Conveyance design. 1st Q – 2027 – Bid Conveyance Construction and work with P3 Partner on Plant Construction Bid. 2nd Q 2027 - Begin Construction. Dec.1, 2029 – Initiate Commissioning of initial phase of project. Dec. 2029 - Begin Operation of initial phase of project. 1 Nicholas Winkelmann, P.E., Interim Chief Operations Officer October 21, 2025 Short-term non-refundable Option forPotable Water Reservation and DiversionContract with the Nueces River WaterAuthority from the Harbor IslandSeawater Desalination Plant 1 NRA – Harbor Island Seawater Desalination Picture of a City well in Nueces County. 2 NRA – Harbor Island Seawater Desalination Picture of a City well in Nueces County. 3 NRA – Harbor Island Seawater Desalination Picture of a City well in Nueces County. 4 NRA – Harbor Island Seawater Desalination Picture of a City well in Nueces County. Project Details: Phase 1 – 100 MGD •Procurement: Public Private Partnership (P3) Design, Build, Finance, Operate, Maintain (DBFOM), & Transfer •Timeline: Estimated construction start in March 2027 and produce water by December 2029 Required Permits 1.TCEQ Intake 2.TCEQ Discharge 3.USACE (US Army Corps of Engineers) Construction on Harbor Island 4.USACE Bore under the Island 5.USACE Right of Way permit for Diversion and Discharge lines into the Gulf 5 NRA – Harbor Island Seawater Desalination Picture of a City well in Nueces County. Water Purchase Agreement Amount Reservation Fee 30 MGD $1,642,578.98 40 MGD $2,190,105.30 50 MGD $2,737,631.62 Option Fees proposed to City 1. Option to purchase potable water from NRA; terms of a water supply contract will be negotiated in the future and transportation costs will be at City’s sole expense 2. Availability and timing of potable water for purchase is not guaranteed 3. Water rates are unknown 4. Reservation amount is the quantity of potable water that the City will be entitled to contract with NRA to purchase 5. Option Period – Effective date of Option Contract until Plant is producing water 6. Non-refundable Option Fee - $24.44 per acre-foot times 2 years 6 NRA – Harbor Island Seawater Desalination Picture of a City well in Nueces County. 7 Lease Agreement between the Port of Corpus Christi & NRA •30 acres of Port-owned land •50-year agreement (w/extension) •Right to build and operate •Includes water pipeline easements •Improvements owned by NRA •Port responsible for facility permits & Water Rights •Rights conveyed to NRA through lease •The City will receive a $0.10 discount per 1,000 gallons on the final price of water NRA – Harbor Island Seawater Desalination Picture of a City well in Nueces County. Proposed Timeline & Milestones: •10 months – NRA hires a Design Engineer for NRA facilities •An engineer must have at least 10 years of experience in the design and operation of large- scale seawater desalination treatment facilities •14 months – NRA obtains water purchase contract commitments •24 months – NRA selects P3 Partner •30 months – NRA completes design of the Desal Facility •32 months – Construction Cost Estimate •34 months – Financing commitment •36 months – NRA hires a Plant Operator with at least 10 years of experience •36 months – Begin Construction 8 NRA – Harbor Island Seawater Desalination Picture of a City well in Nueces County. Lease Project Scope: •Seawater desalination facility with capacity up to 100-million gallons per day •Intake structure located 1.3 miles SE of San Jose Island, includes a 14’ tunnel 80’ below surface (under the Aransas Channel, the Lydia Ann Channel, San Jose Island, and the Gulf sea bed) to house at least one 12’ pipeline •Effluent diffuser located 1.8m SE of San Jose Island, includes a 14’ tunnel 80’ below surface to house a 14’ pipeline •Finished water that connects the Desal Plant to the City of Aransas Pass Other Terms: •NRA may terminate within 1st 2 years •Port may terminate if construction does not start w/in 4 years •NRA expected to obtain private financing and issue bonds •Premises are located in a floodplain •Pilot Study must be performed 9 NRA – Harbor Island Seawater Desalination Picture of a City well in Nueces County. 10 What has NRA done? •Signed lease with the PCCA •Secured Reservation Option Contracts for approx. 30% of water •Issued RFQ for designer for the product pipeline from Aransas Pass to San Antonio and Austin •Developing RFP for P3 Partner – Expected to post by the end of October NRA – Harbor Island Seawater Desalination Picture of a City well in Nueces County. 11 Risks: •TCEQ intake & discharge permits are not obtained •Cost. Although NRA presented a typical cost of $10-$15 per thousand gallons in its presentation, NRA would not agree to capping a future take-or-pay contract at $15/thousand gallons. The current cost included in the Reservation Contract is $24.44 per acre-foot •No Power. NRA is currently working with electric power companies in South Texas to provide transmission-level power to Harbor Island •NRA must obtain financing •City conveyance line has not been designed. The connection point is unknown. Easements will be required 12 12 Thank you! DATE: October 10, 2025 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 CAPTION: Resolution casting votes for candidates for the Nueces County Appraisal District Board of Directors. SUMMARY: On September 23, City Council nominated Deven Bhakta and Gabriel Hilpold as candidates for the two open seats on the ballot for the Nueces County Appraisal District Board of Directors. NCAD delivered the ballot on October 9, which includes all candidates nominated by the taxing entities. Today, the Council will determine how to allocate the City’s 436-vote entitlement among the candidates. The Council may allocate votes to one or more candidates on the ballot. The top five vote-getters will become the appointed directors. Candidate Nominating Jurisdiction(s) Deven S. Bhakta City of Corpus Christi, Corpus Christi ISD Gabriele Hilpold City of Corpus Christi, Corpus Christi ISD, Nueces County The timeline for the application, nomination, and selection process is as follows: • Aug. 15: send memo to Council about NCAD nomination process and promote applications • Sept. 9: applications due • Sept. 23 Council Meeting: Council selects up to 2 nominees by resolution. Deadline to submit nominees to NCAD is Oct. 2. • Oct. 9: NCAD delivers ballots to City • Oct. 21 Council Meeting: Council approves resolution to allocate votes on the ballot. NCAD states to do this no later than the second open meeting of the body after the ballot is received. Resolution casting votes for candidates for the Nueces County Appraisal District Board of Directors AGENDA MEMORANDUM Action Item for the City Council Meeting October 21, 2025 • Oct. 24: Return ballot resolution to NCAD. • Nov. 28: Final deadline for all taxing entities to submit the ballot resolution. • Dec. 5: NCAD sends voting results to entities. • Dec. 9 (optional): Council Meeting: during board appointments, announce who was appointed to the Board. The top 5 entities in terms of vote entitlement are, in order: Entity Entitlement Percent of Total Corpus Christi ISD 478 23.9% City of Corpus Christi 436 21.8% Nueces County 294 14.7% Del Mar College 248 12.4% Port Aransas ISD 116 5.8% Each entity with a voting entitlement of 5% or more of the total votes of all eligible entities must determine its vote by resolution adopted no later than the second open meeting of the governing body held after the date the Chief Appraiser delivers the ballot to its presiding officer. BACKGROUND AND FINDINGS: The two appointed directors will each serve a four-year term starting on January 1, 2026. The Board members are as follows: FISCAL IMPACT: None SUPPORTING DOCUMENTS: Memo from NCAD on Board Appointment Process Resolution with ballot Name Category Position Term Kevin Kieschnick Tax Assessor-Collector Ex-officio, Voting Term of office James Magill Place 1 Elected 7/01/2024 – 12/31/2026 John M. Cudd Place 2 Elected 7/01/2024 – 12/31/2026 Ed Bennett Place 3 Elected 7/01/2024 – 12/31/2026 Seat 1 Open Appointed 01/01/2026 – 12/31/2029 Seat 2 Susie Sullivan Secretary Appointed 01/01/2025 – 12/31/2027 Seat 3 Caitlin Chupe Appointed 01/01/2025 – 12/31/2027 Seat 4 DeeAnna Heavilin Appointed 01/01/2025 – 12/31/2027 Seat 5 Open Appointed 01/01/2026 – 12/31/2029 Resolution casting votes for candidate(s) for the Nueces County Appraisal District Board of Directors. WHEREAS, two directors to the Nueces County Appraisal District Board of Directors are to be appointed by the taxing units participating in the appraisal district through an election among the taxing units; WHEREAS, the chief appraiser has calculated the number of votes to which the City of Corpus Christi is entitled, and the City of Corpus Christi is entitled to 436 (21.8%) votes of a total of 1,996 votes; WHEREAS, these votes may be apportioned to one or more candidates; WHEREAS, the chief appraiser delivered the ballot of candidates for the Nueces County Appraisal District Board of Directors to the City on October 9, 2025; WHEREAS, each taxing unit entitled to cast at least five percent of the total votes must determine its vote by resolution adopted at the first or second open meeting of the governing body that is held after the date the chief appraiser delivers the ballot pursuant to Texas Property Tax Code §6.03 (k-1); and WHEREAS, the City of Corpus Christi has determined its vote by resolution at the second open meeting after the date the chief appraiser delivered the ballot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City of Corpus Christi casts its votes for the following candidates for the Nueces County Appraisal District Board of Directors: Candidate Votes Deven Bhakta ______ Gabriele Hilpold ______ Section 2. This Resolution shall take effect immediately upon its passage . Section 3. The City Secretary is hereby directed to submit this vote to the chief appraiser no later than the third day following the date the resolution is passed and approved. PASSED and APPROVED on the _____ day of ________________, 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary DATE: October 14, 2025 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Interim Assistant City Manager Danielmc@cctexas.com (361) 826-7011 CAPTION: Resolution approving the Skatepark for Don and Sandy Billish Memorial Park CIP Tax Increment Reinvestment Zone #2 (“TIRZ #2”) Project in an amount not to exceed $850,000.00; appropriating and transferring $850,000.00 from the Sand Dollar CIP TIRZ #2 Paper Street Project to the Skatepark for Don and Sandy Billish Memorial Park TIRZ #2 Project. SUMMARY: This resolution approves the Don and Sandy Billish Memorial Park Skatepark Project in an amount not to exceed $850,000 and authorizes the appropriation and transfer of $850,000 from the Sand Dollar Avenue Paper Street Project to fund the design and construction of the new skatepark. BACKGROUND AND FINDINGS: On October 1, 2025, the Island Strategic Action Committee (ISAC) approved a motion supporting the reallocation of up to $700,000 from the current TIRZ #2 Paper Street Project funding toward the design and construction of a new skatepark at Don and Sandy Billish Memorial Park. On October 14, 2025, the TIRZ #2 Board approved the Don and Sandy Billish Memorial Park Skatepark Project, authorizing funding for design and construction in an amount not to exceed $850,000. The Board also approved the reallocation of $850,000 from the Sand Dollar Avenue Capital Improvement Project (CIP) under the TIRZ #2 Paper Street Project and amended the FY 2026 Capital Budget accordingly. The Paper Street projects, Crowsnest Street, and Sand Dollar Avenue have long been ISAC priorities and are included in the approved Project and Financing Plan for the TIRZ #2 extension. Design work for both streets has begun; however, based on the most recent Opinion of Probable Construction Cost (OPCC), the $7.7 million budget is not sufficient to fully fund construction of either project. Given these constraints, ISAC supported reallocating a portion of available funds to advance development of the Don and Sandy Billish Memorial Park Skatepark. Resolution approving the Skatepark for Don and Sandy Billish Memorial Park CIP Tax Increment Reinvestment Zone #2 (“TIRZ #2”) Project AGENDA MEMORANDUM Action Item for the City Council Meeting October 21, 2025 The City’s Engineering Services Department reviewed the proposed project scope and considered all related expenses, including mobilization, bonds and insurance, as well as soft costs such as design, engineering, and administrative fees. Based on this review, Engineering Services determined that the total project cost should not exceed $850,000. The Sand Dollar Avenue (Verdemar Drive to Highway 361) CIP has a total estimated cost of $6,680,568, which includes design, engineering, administrative fees, and partial construction. Of this amount, $1,531,532 is allocated in FY 2026. The proposed reallocation of $850,000 to the skatepark would reduce the FY 2026 funding to $682,532. To maintain the City’s FY 2026 funding commitment of $1,531,532, the reallocated amount will be backfilled using TIRZ #2 CIP Reserve Funds. The Crowsnest Street (Beach Access 4 to Whitecap Boulevard and PR 22) CIP has a total estimated cost of $1,052,176, which includes design, engineering, and administrative fees only. The proposed Don and Sandy Billish Memorial Park Skatepark represents a key community amenity that supports both economic development and infrastructure for quality of life within the TIRZ #2 Project and Financing Plan. As a City-maintained park serving residents and visitors year-round, Billish Park provides an ideal location for this project. The addition of a skatepark will enhance recreational infrastructure, provide a safe and engaging space for youth, attract family activity, and further position North Padre Island as a vibrant, active coastal destination. ALTERNATIVES: City Council may decide not to approve the reallocation and instead keep the $850,000 in the Sand Dollar Avenue Paper Street Project. The skatepark project would be delayed while staff explores alternative funding sources. FISCAL IMPACT: The fiscal impact is $850,000 from the Sand Dollar Avenue Paper Street Capital Improvement Project, spanning from Verdemar Drive to Highway 361. Funding Detail: Fund: 3278 Organization/Activity: 89 Mission Element: 57 Project # (CIP Only): 24130 Account: 550910 RECOMMENDATION: Staff recommends approving the Skatepark Project for Don and Sandy Billish Park LIST OF SUPPORTING DOCUMENTS: Presentation CIP Project Sheets for Sand Dollar and Crowsnest Proposed CIP Project Sheet for Don and Sandy Billish Park Resolution Resolution approving the Skatepark for Don and Sandy Billish Memorial Park CIP Tax Increment Reinvestment Zone #2 (“TIRZ #2”) Project in an amount not to exceed $850,000.00; appropriating and transferring $850,000.00 from the Sand Dollar CIP TIRZ #2 Paper Street Project to the Skatepark for Don and Sandy Billish Memorial Park TIRZ #2 Project. WHEREAS, on October 1, 2025, the Island Strategic Action Committee (“ISAC”) approved the reallocation of funding from the current Sand Dollar CIP TIRZ #2 Paper Street Project fund toward the design and construction of a new Skatepark at Don and Sandy Billish Memorial Park, prioritizing that a skatepark would enhance recreational offerings, attract youth and family activity, and complement ongoing efforts to posi tion North Padre Island as a vibrant and active coastal destination ; and WHEREAS, on October 14, 2025, the TIRZ #2 Board approved the Skatepark Don and Sandy Billish Memorial Park CIP TIRZ #2 Project, finding that the proposed Skatepark would be a key community amenity supporting both economic development and quality of life objectives within the TIRZ #2 boundary finance plan in accordance with Texas Tax Code Chapter 311; and approving the reallocation of funding of up to $850,000.00 from the Sand Dollar CIP TIRZ #2 Paper Street Project to the Skatepark for Don and Sandy Billish Memorial Park CIP TIRZ #2 Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 2. The City Council hereby approves the Skatepark for Don and Sandy Billish Memorial Park CIP TIRZ #2 Project in an amount not to exceed $850,000.00; and approves the appropriating and transferring of up to $850,000.00 from the Sand Dollar CIP TIRZ #2 Paper Street Project to the Skatepark for Don and Sandy Billish Memorial Park CIP TIRZ #2 Project. SECTION 3. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and this City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 4. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject, matter of the public business to be considered at s uch meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 5. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary *Signature Page to the Resolution for the Skatepark for Don and Sandy Billish Memorial Park CIP Project* Sand Dollar Ave (Verdemar Dr. and Highway 361) FY 26 thru FY 28 Capital Improvement Plan Corpus Christi, Texas Project #24130 Project Name Sand Dollar Ave (Verdemar Dr. and Highway 361) Contact Dir of Planning & Economic Development Department Economic Development Type Improvement/Additions Category Reinvestment Zone 2 Priority Priority Level 2 Status Active Useful Life 25 years Council District 4 Description North Padre Island has several planned streets, or paper streets, which have never been constructed. The construction of these streets will enhance mobility, connectivity, and further development in the area. Sand Dollar Street is between Verdemar Dr. and Highway 361. This project includes construction of the street along with any needed utilities. Justification This project was deemed the top priority of ISAC and is needed to encourage continued growth on North Padre Island. Expenditures Prior FY 26 FY 27 FY 28 Total Construction/Rehab 1,544,039 653,925 1,364,205 0 3,562,169 Contingency 558,369 0 564,964 0 1,123,333 Eng, Admin Reimbursements 300,000 27,607 255,793 0 583,400 Design 561,666 0 0 0 561,666 Total 2,964,074 681,532 2,184,962 0 5,830,568 Funding Sources Prior FY 26 FY 27 FY 28 Total Reinvestment Zone No. 2 - 1111 (2022) NEW 0 681,532 2,184,962 0 2,866,494 Reinvestment Zone No. 2 - 1111 (2022) PRIOR 2,964,074 0 0 0 2,964,074 Total 2,964,074 681,532 2,184,962 0 5,830,568 Budget Impact There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. Don and Sandy Billish Memorial Park Skate Park FY 26 thru FY 28 Capital Improvement Plan Corpus Christi, Texas Project #26104 Project Name Don and Sandy Billish Memorial Park Skate Park Contact Director of Parks & Recreation Department Parks & Recreation Type Improvement/Additions Category Park Improvements Priority Priority Level 1 Status Active Useful Life 25 years Council District 4 Description The scope of this project will include design and construction of a skate park with shaded seating area, lighting and park amenities. Justification The addition of a skate park would enhance recreational offerings, attract youth and family activity, and complement ongoing efforts to position North Padre Island as a vibrant and active coastal destination. Expenditures Prior FY 26 FY 27 FY 28 Total Construction/Rehab 0 633,383 0 0 633,383 Eng, Admin Reimbursements 0 83,607 0 0 83,607 Contingency 0 69,672 0 0 69,672 Design 0 63,338 0 0 63,338 Total 0 850,000 0 0 850,000 Funding Sources Prior FY 26 FY 27 FY 28 Total Reinvestment Zone No. 2 - 1111 (2022) NEW 0 850,000 0 0 850,000 Total 0 850,000 0 0 850,000 Budget Impact An assessment will be done upon completion of project to determine maintenance costs. Don and Sandy Billish Memorial Park Skatepark Project 10/21/25 •Total Estimated Cost: $6,680,568 •Project Scope: Includes design, engineering, administrative fees, and partial construction •FY 2026 Allocation: $1,531,532 •Proposed Reallocation: $850,000 toward Billish Park Skatepark •Remaining FY 2026 Funding: $682,532 •Backfill Plan: $850,000 from TIRZ #2 CIP Reserve Funds to maintain FY 2026 funding commitment Sand Dollar Avenue Project Project Overview •Proposed new skatepark located at Don and Sandy Billish Memorial Park •Supported by the Island Strategic Action Committee (ISAC) on October 1, 2025 •TIRZ #2 Board approved funding for the design and construction of the skatepark, not to exceed $850,000, on October 14, 2025. • Funding Source: Reallocation of $850,000 from Sand Dollar Avenue CIP •Purpose: Create a community amenity promoting recreation and quality of life •Expands recreational offerings for residents and visitors •Attracts youth and family activities •Enhances existing park amenities and supports economic development goals within the TIRZ #2 project and financing plan for improved quality of life and infrastructure. Proposed Don and Sandy Billish Memorial Park Skatepark Agenda Caption: Resolution approving the Skatepark for Don and Sandy Billish Memorial Park CIP Tax Increment Reinvestment Zone #2 (“TIRZ #2”) Project in an amount not to exceed $850,000.00; appropriating and transferring $850,000.00 from the Sand Dollar CIP TIRZ #2 Paper Street Project to the Skatepark for Don and Sandy Billish Memorial Park TIRZ #2 Project. QUESTIONS? Thank you! DATE: October 10, 2025 TO: Peter Zanoni, City Manager FROM: Nicholas Winkelmann, P.E., Interim Chief Operating Officer NickW@cctexas.com 361-826-1796 STAFF PRESENTER(S): Name Title/Position Department 1.Nicholas Winkelmann, P.E. Interim COO CCW OUTSIDE PRESENTER(S): Name Title/Position Agency Name 1. Steve Young, PhD, P.E., PG Principal Hydrogeologist INTERA BACKGROUND: INTERA is providing hydrogeologic professional services for the Nueces Groundwater Project and the Evangeline Groundwater Project. INTERA presentation to include: •Overview of the Gulf Coast Aquifer (Nueces and San Pat County) •Review of previous work that was previously conducted o Nueces County o San Pat County (Evangeline) •Review of the new model that was developed for the Nueces Groundwater Project o Development and build out of the model o Continued updating of the model with new available data provided by the City •Model Results for Nueces Groundwater Project •Review of Well Design for Nueces Groundwater Project o Geophysical reports Hydrogeological Analysis and Modeling for the Nueces Groundwater Project and the Evangeline Groundwater Project by INTERA AGENDA MEMORANDUM City Council Meeting of October 14, 2025 o Actual well construction and design •Near-term projections o Nueces Groundwater Project •Long-term projections o Evangeline Groundwater project LIST OF SUPPORTING DOCUMENTS: PowerPoint – Hydrogeologic Update by INTERA