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HomeMy WebLinkAboutAgenda Packet City Council - 11/14/2006 CITY COUNCIL AGENDA NOVEMBER 14, 2006 Corpus Christi ***** All-Alllerica CiIV 1 45 a.rn Proclamation declaring Novernber 13, ~~006 as "Flint Hills Resources 25th Anniversary" Proclamation declaring November 14, 2006 as "Dispute Resolution Day" At Your ServicE Award" CitV Staff Recognition AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD NOVEMBER 14, 2006 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Councti Meeting, whichever is earlier Please speak mto the microphone located at the podium and state your name and address Your presentation will be limited to three minutes If you have a petition or other information pertaining to your ;;ubject, please Qresent it to the C dy Secre' arv SI Usted desea diriglrse al /-;oncilo y cree Clue su mgles es limltado habra un mterprete ingles-espanol en todas las juntas tel Concilio cara ayudarle Persons witt, disabilities who pial to attend flus meetmg dnd who may need auxiliary aids or services are requested to :ontact the elt}i Secretar'ys office fat 351-826- 31 051 at leas[ 48 hours in advance so that appropriate arrangements can be nade A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Kevin Jennings, Mt. Olive Lutheran Church. C Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro T em Mark Scott Coul\CiI Members: Brent Chesney Meloey Cooper Jerry Garcia Bill Kelly Rex Kinnison John Marez Jesse Noyola City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa E. MINUTES: Approval of Regular Meeting of November 7 2006 (Attachment # 1) Agenda Regular Council Meeting November 14 2006 Page 2 F BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) r I. * Citizens Advisory Health Board Library Board Regional Health Awareness Board Transportation Advisory Committee Weed and Seed Steering Committee * * * * G. 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. A motion to reconsider may be made at this meeting of a vote at the last regular or a subsequent speCial meeting: such agendas are incorporated herein for reconsideration and action on any reconsidered item H CONSENT AGENDA Notice to the Public The following items are 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, 111 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. CONS ORDI T MOTIONS RESOLUTIONS ORDINANCES AND NCES FROM PREVIOUS MEETINGS: (At thiS point the Council will vote on all motions, resolutions and ordinances not removed for individual consJderationj ~ Motion approving a supply agreement with the following companies for the following amounts for hot mixed asphalt, based on low bid, for primary and secondary awards, in accordance with the Bid Invitation No. 81-0027-07 The term of the agreements shall be for SIX months with an option to extend for up to five CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November 14 2006 Page 3 additional six-month penods. subject to the approval of the suppliers and the City' Manager or his designee. Funds have been budgeted by Street Services In FY 2006-2007 (Attachment # 3) HAC Materials, L TO Corpus Christl, Texas $499,200 Primary Supplier Bay, L TO Corpus Christi. Texas $144,028 Secondary Supplier Grand Total' $643,228 4 Motion approving a service agreement with Digital Mapping Services, LP.. of Corpus Christi, Texas for GIS mapping updates in accordance With the Cooperative Purchasing Agreement with the State of Texas in the amount of $45,000. Funds have been budgeted by the \Nater Department In FY 2006-2007. (Attachment # 4 5. a Resolution authorizing the City Manager or his designee to accept grant funding in the amount of $35,000 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for OWl enforcement overtime within the Police Department and to execute all related documents (Attachment # 5) 5 b Ordinance appropriating $35,000 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in the No. 1061 Police Grants Fund. (Attachment # 5) 6 Motion authorizing the City Manager or his designee to execute a lease agreement with the Nueces County Appraisal District for a two-year term with a right to renew for three additional one-year periods beginning at $64,092 per year and providing for an annual adjustment according to the Consumer Price Index. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November 14 2006 Page 4 Motion authorizing the Director of the Public Health District to execute an agreement with the Association of Public Health Laboratories for testing of environmental samples relating to a plan for responding to bioterrorism (Attachment # 7) 8 Resolution authorizing the City Manager or his designee to accept the donation of a monument commemorating the World War II Peari Harbor Survivors from Corpus Christi by installing a monument in Sherrill Park (.<\ttachment # 8) ~1 Motion authorizing the City Manager or his designee to execute a professional services contract with TriStem, Ltd. of Hewitt, Texas to conduct an audit and study of prior electric utility billings (including street light bills) billed to the City to determine whether amounts paid by the :::::ity were correct. (Attachment # 9) "0 Motion authorizing the City Manager or his designee to extend the maintenance agreement for twelve months with Vista Solutions Group, Inc of Round Rock, Texas in an amount not to exceed $26208. Included In the maintenance agreement are the VisiFlow applications utilized by the Municipal Court, Finance, and Engineering Services Departments for electronic document archival and work flow routing [Attachment # 10) -; 1 a, Ordinance authorizing the City Manager or his designee to execute a short-term lease agreement, not to exceed one (1) year with Chet Rasberry, in consideration of lessee's making improvements to the leased structures of a minimum value of $50,000 and an annual rental fee of $0.17 per square foot, to operate a helicopter maintenance facility and helicopter charter operations on 91,250 square feet of land and improvements located at Corpus Chr'isti International Airport (Attachment # 11) 11 b. First Reading Ordinance - Ordinance authorizing the City Manager or his designee to execute a twenty (20) year lease agreement with Chet Rasberry, in consideration of lessee's making improvements to the leased structures of a minimum value of $50,000 and an annual rental fee of $0.17 per square foot. subject to scheduled increases, to operate a helicopter maintenance facility and helicopter charter operations on 91,250 square feet of land and improvements located at Corpus Christi International Airport; oroviding for publication (Attachment # 11) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meetmg November 14 2006 Page 5 12 First Reading Ordinance Ordinance amending Ordinance No. 027017 ordering a general election to be held on April 14, 2007, in the City of Corpus Christi for the election of Mayor and eight Council Members to include an election for the continuation of the Crime Control and Prevention District and sales tax for 10 years. (Attachment # 12) 13 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $703,900 with Malek, Inc. of Corpus Christi, Texas for the Corpus Christi International Airport Terminal Chiller Replacement 2006 project (Attachment # 13 14 Motion authorizing the City Manager or his designee to execute a construction contract with RCM Constructors, Inc. of Corpus Christi, Texas in the amount of $249,000 for the Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment FY 2006- 2007 for the Base Bid and Additive Alternates No. 1 and 2. (Attachment # 14) 15a Resolution authorizing the City Manager or his designee to execute an I nterlocal Agreement with the Downtown Management District of Corpus Christi, Texas and the Regional Transportation Authority of Corpus Ch risti. Texas for the DT own Streetscape and DTown Wayfinding Assessment Projects. (Attachment # 15) 15 b Ordinance appropriating $24,000 from the Regional Transportation Authority and $24,000 from the Downtown Management District into the Street Capital Improvement Program Fund No. 3530, for the DTown Wayfinding and DTown Streetscape Projects; amending the FY 2006-2007 Capital Budget adopted by Ordinance 026997 to increase appropriations by $48,000 (Attachment # 15) 15.c Motion authOrizing the City Manager or his designee to execute an architectural contract with Gignac and Associates of Corpus Christi. Texas in the amount of $48,000 forthe DTown Wayfinding and DTown Streetscape Projects (Attachment # 15) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November 14 2006 Page 6 '6 MotIon authorizing the City Manager or his designee to execute Change Order No.1 '0 the Northwest Library Expansion Project with Nuway International. Inc of Corpus Christi, Texas in the amount of $40,391 45 for a re-stated contract price of $1,419,340.03 for removal and replacement of the external wall with water damaged building materials and asbestos remediation. (BOND ISSUE 2004) (Attachment # 16) '17 a Ordinance appropriating $522,721.46 from the unappropriated interest earnings from Water Capital Improvement Program Fund 4083 for the required relocation and upgrade of an 8" waterline along the Joe Fulton Trade Corridor; amending the Capital Budget adopted by Ordinance No 026997 by increasing appropriations by $522,721 46. (Attachment # 17) '17 b Motion authorizing payment to the Port of Corpus Christi in the amount of $522.721,46 for the relocation and upgrade of an 8" waterline along the Joe Fulton Trade Corridor as required by an Interlocal Agreement approved by City Council on August 26, 2003 (Resolution No 025453) (Attachment # 17) 18a. Motion approving an amendment to the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement submitted by AI Development, Inc., owner and developer of South Fork Unit 4 Subdivision, to reflect a cost increase of $227,05276 for the reconstruction of the existing Master Plan Lift Station No 1047 (Greenfields by the Bay), located east of Rodd i=ield Road and south of Wooldridge Road. (Attachment # 18) 18 b Ordinance appropriating an additional $227,052.76 from the Sanitary Sewer TrunK Trust Fund No. 250410-4220 to pay AI Development, Inc. for the construction and installation specified in the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement. (Attachment # 18) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November 14 2006 Page 7 PRESENTATIONS: Pubiic comment will no; be solicited on Presentation items. ~ 9 Downtown Redevelopment Committee Report (Attachment # 19) J PUBLIC HEARINGS ZONING CASES: 20 Case NO.1 006-01, Young Men's Christian Association of Corpus Christi (YMCA): A change of zoning from an "A-1" Apartment House District to an "A-2" Apartment House District. The property being North half or Tract "A" of the Stillman Tract, located between S, Carancahua Street and Upper South Broadway, adjacent to the existing YMCA building. (Attachment # 20) Planning Commission and Staff's Recommendation: Approval of a change of zoning from an "A-1" Apartment House District to an "A-2" Apartment House District ORDINANCE Amending the Zoning Ordinance, upon application by Young Men's Christian Association of Corpus Christi (YMCA), by changing the zoning map in reference to north half or Tract "A" of the Stillman Tract, from "A-1 t' Apartment House District to "A-2" Apartment House District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing for penalty 21 Case NO.1 006-02. J P. Global Investments. Inc.: A change of zoning from a "R-1 B" One-family Dwelling District, "A-1" Apartment House District, "B-2" Bayfront Business District and "1- 3" Heavy Industrial District to a "R-E" Residential Estate District. The property being 1? .441 acres of Lots 9 and 10 out of Section 54, Flour Bluff and Encinal Farm and Garden Tracts, located on the northwest side of Laguna Shores Road between Lola Johnson Road and Hustlln' Hornet Dnve (Purdue Road), (Attachment # 21 ) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November 14 2006 Page 8 Planning Commission and Staff's Recommendation: Approval of a change of zoning from a "R-1 B" One-family Dwelling Distnct, "A- 1" Apartment House District, "B-2" Bayfront Business District and "1-3" Heavy Industrial District to a 'R-E" Residential Estate District. ORDI NANCE Amending the Zoning Ordinance upon application by J.P. Global Investments, Inc.. by changing the zoning map in reference to 17.441 acres out of Lots 9 and 10. out of section 54. Flour Bluff and Encinal Farm and Garden Tracts, from "R-1 B" One-family Dwelling District. "A-1" Apartment House District, "B-2" Bayfront Business District and "1-3" Heavy Industrial District to "R-E" Residential Estate District: amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing for penalty 22 Case NO.1 006-03. EI Paso Cuatro LLC: A change of zoning from a "B-1" Neighborhood Business District to a "B-4" General Business District. The property being 2.899 acres or 126,297.23 square feet out of a portion of Lot 1 0 known as Lots 1 OE and 10F, Bancroft Farm Lots, located on Villa Drive approximately 260 feet north of Leopard Street. (Attachment # 22\ PlanninQ Commission and Staff's Recommendation: Approval of the "B-4" General Business District on the east 522.41 feet of the subject property (Tract 1) and denial of the "8-4" on the west 180 feet of the property (Tract 2), in lieu thereof, approval of a "B- 1/SP" Neighborhood Business District with a Special Permit for a mini-storage facility With five (5) conditions subject to the site plan. ORDINANCE Amending the Zoning Ordinance, upon application by El Paso Cuatro, LLC, by changing the zoning map in reference to 2.899 acres or 126,297.23 square feet out of Lot 10 known as Lots 10E and 1 OF, Bancroft Farm Lots, from "B-1" Neighborhood Business Distnct to "B-4" General Business District on Tract 1 (1.910 acres or 83,201.18 square feet) and "B-1/SP" Neighborhood Business District with a Special Permit on Tract 2 (0.989 acres or 43,096.05 square feet); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing for penalty CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November 14 2006 Page 9 RENEWAL COMMUNITY 23 a Pubiic Hearing to consider and nominate applications to the Office of the Governor fer Commercial Revitalization Deduction allocations (Attachment # 23) 23 b. Resolution nominating projects to the Office of the Governor for Renewal Community Commercial Revitalization Deductions. (Attachment # 23) MASTER SANITARY SEWE~ PLAN: 24 a Public Hearing to amend the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan (Master Plan for Sanitary Sewers 1963) by repealing the portions of the master plan covered by Study Areas 5 and 6 and by approving and adopting the Wastewater Collection System Master Plan, Greenwood WWTP Service Area Study Areas 5 and 6 and Whitecap WWTP Service Area Study Areas 7, 8. 9, 10, 11 and 12. Attachment # 24 24 b. First Reading Ordinance .. Ordinance amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan (Master Plan for Sanitary Sewers 1963) by repealing the portions of the master plan covered by Study Areas 5 and 6 and by approving and adopting the Wastewater Collection System Master Plan, Greenwood WWTP Service Area, Study Areas 5 and 6 and Whitecap WWTP Service Area Study Areas 7, 8, 9, '10, 11 and 12 (Attachment # 24) K. REGULAR AGENDA CONS~ERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 25 Ordinance amending the Code of Ordinance, Chapter4, Alcoholic Beverages, by adding Section 4-8, Open Containers and Consumption of Alcoholic Beverages Prohibited in certain public places. providing for penalties (Attachment # 25) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~genda Regular Council Meeting November 14.2006 Page 10 ~~6 a Ordinance appropriaTing $1.036,000 from the Unreserved Fund Balance in No 1020 General Fund for "one time" expenditures approved in the FY 2006-2007 Operating Budget including: Central library Fire Panel $50.000: air condition systems for Ben Garza Gym $50,000 lindale Senior Center $17,000, and Ethel Eyerly Senior Center $19,000: Fire Station Driveways $100,000; and Street Maintenance $800,000 amending the FY 2006-2007 Operating Budget adopted by Ordinance 026908 by increasing appropriations by $1 036.000 (Attachment # 26) 26 b Motion approving the purchase of three (3) asphalt rolling machines from Conley Lott-Nichols of Dallas, Texas, for a total amount of $170511. The award IS made in accordance with the Cooperative Purchasing Agreement with the Texas Local Government Cooperative All three machines are replacements to the fleet Funds for the machines are available in the street operations budget (Attachment # 26) ~)7 Motion authorizing the City Manager or his designee to execute a design and construction contract with Corpus Christi Baseball Club L.L.P. of Corpus Christ:. Texas in the amount of $0 for the construction of a Right Field Access Ramp at Whataburger Field. (Attachment # 27) 28 Consideration of a request to exempt Kitty Hawk Subdivision located east of County Road 41 and south of South Staples Street (FM 2444), from Wastewater Acreage/Lot Fees, submitted on behalf of John Bratton. owner and developer. (Attachment # 28) 29 a. Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation, the City of Corpus Christi, and Nueces County Community Action Agency (NCCAA) to allow the Corporation to grant $200.000 to the NCCAA for infrastructure development of a new construction project as part of an Affordable HOUSing Program; and authorizing the City Manager to execute the Program Agreement on behalf of the City. (Attachment # 29) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) I\genda Regular Council Meeting November 14. 2006 Page 11 L'9 b Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi to allow the Corporation to grant $200,000 to the City for the Model Block Program- Infili Housing Project as part of an Affordable Housing Program; and authorizing the City Manager to execute the Program Agreement on behalf of the City. (Attachment # 29) 29 c Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation, the City of Corpus Christi, and John Mikulencak DBA Extreme Homes of Texas to allow the Corporation to grant $160 067 of Affordable Housing Funds to Extreme Homes of fexas for New Construction Homebuyer Assistance, and authorizing the City Manager to execute the Program Agreement on behalf of the City. (Attachment # 29) 30 Resolution nominating Flint Hills Resources, LP, to the Office of the Governor Economic Development and Tourism through the Economic Development Bank for designation as a qualified business and Triple Jumbo Enterprise Project under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303. Texas Government Code. (Attachment # 30) 31 a. First Reading Ordinance - Ordinance granting to Earthlink, Inc. a non-exclusive one-year franchise to operate, maintain, construct, extend. and upgrade facilities of a wireless network in the public rights-ot-way. (Attachment # 31 ) 31 b First Reading Ordinance - Ordinance granting to Earthlink. Inc. a non-exclusive ten-year franchise to operate, maintain, construct, extend, and upgrade facilities of a wireless network in the public rights-of-way. (Attachment # 31) (RECESS REGULAR COUNCil MEETING) L MEETING OF CITY CORPORATION: 32 CORPUS CHRISTI COMMUNITY. IMPROVEMENT CORPORATION: (Attachment # 32) CITY COUNCil PRIORITY ISSUES (Refer to legend at the end of the agenda summary) A.genda Regular Council Meeting "Jovember 14 2006 Page 12 AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REC;UL.AR MEETING Date Tuesday', November 14, 2006 Time During the meeting of the City Council beginning at 10:00 a m Location. City Council Chambers City of Corpus Christl 1201 Leopard Street Corpus Christi Texas 78401 1 President Rex Kinnison calls meeting to order. 2 Secretary Armando Chapa calls rol> Board of Director:, Rex A. Kinnison, ,:)res Brent Chesney, Vice Pres Melody Cooper Jerry Garcia Henry Garrett Bill Kel!y John Marez Jesse Noyola Mark Scott Officers George K Noe. General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance Sanchez. Asst. Treasurer 3 Approval of the rnirutes of October 18, 2005 and September 19 2006 4 Approval of thp financIal report. 5 Approval of a request by the Nueces County Community Action Agency to amend their CHDO agreement to Increase the maximum purchase price of a home under their CHDO program from $80,000 to $85,000. 6 Public Comment 7 Adjournment. (RECONVENE REGULAR COUNCIL MEETING) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) t\genda Regular Council Meeting November 14. 2006 F)age 13 M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE r=ORM A T THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting, therefore please speak Into the microphone located at the podIUm and state your name and address If you have a petition or other Information pertaming to vour subject. please present it to the City Secretary) S/ usted se dirige a lajunt", y cree que su mgles es lirnitado. habra un interprete ingles-espanol en la reun"jn de la Junta para ayudarle PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N,EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Counct! 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 Meetmg Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event 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 pres/ding office 33 Executive session under Texas Government Code Section 551 071, regarding Cause Number 04-4001-B, Tufts Cove Investment Corporation, N.V vs City of Corpus Christi, in the 11 yt'1 District Court of Nueces County, Texas, with possible discussion and action related thereto in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) i~genda Regular Council Meeting November 14 2006 Page 14 34 Executive session under Texas Government Code Sections 551 071 and 551.087 regarding proposal from Earthlink aboutthe City of Corpus Christi Citywide Integrated Wi-Fi Network, with possible discussion and action related thereto in open session. 35 Executive session under Texas Government Code Section 551 071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. 36 ExecutIve session under Texas Government Code Section 551 071 regarding police collective bargaining negotiations, with possible discussion and action related thereto in open session. O. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities, request by Council for information or reporls from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions <egarding city-related matters 37 CITY MANAGER'S REPORT * Upcoming Items 38 MAYOR'S UPDATE 39 COUNCIL AND OTHER REPORTS P ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin Doard at the front entrance to City Hall, 1201 Leopard Street. at /) pm, November 10.2006. / (J~J1 i()JY(C (( rtl_X, . Armando Chapa ''vi City Secretary CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November 14 2006 Page 15 NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 MINU " )~ ,~IRPUS_HRiS T I TEXN) l!;.Y Cour<:' Meetng Nr \/e''1cer 7 2D(;E' 'JO a '11 PRESENf Mayor Henry Garret: Mayor Fro Tem MarK Scot _~Jncll MeD~I'per~ Vle'ody COO~'t~r _,erry Garcia Kel!\ 2. KW~'ils\ ~sse Nov' City Staff Assistant City Manager Oscar Martinez City Attorney Mary Kay Fischer -:tv Secretary Armando Chapa ABSEN, Brent C'lesney John M"i rez rv1ayor CJarrett ca!leij the r11eetlr'l1 tc order ,'1 the Council Chambers of City Hall. 1e i1vocatlcw was Jellvered by F'astor Jar r. SrTli:n of First Family Church and the Pledge of Alleglan :e t.c the Un ted St:,tes flag was led by Ccu Member Jerry Garcia. Mayor CJarrett ca leei for approval of the mu:utes of the regular Council meeting of October 31 200E A, motion was made and Gassed to approve the minutes as presented Mayor Garrett cailec for consideration of the consent agenda (Items 2 -12) Councilmember Noyola c-J'1nounced t'~at he Noud be aos131nlng frlT! the vote and discussion on Item 11. There Nere no:ornments f' m tht Dubi::: th,:;. ncd' tv Secretary Cilapa polled the Council for their votes as '0 lOW'" MQJiON_I'!Q . 2006~60 Motion authOriZing Vie pwchase of various equipment for a total cost of $747,664.53 utilizing funds from the 2001 Homeland Security Grant awarded to 'he City of Corpus Christl and budgeted in "'e FirE-- Grant F uncJ 1 ]62 e foregoing motic was Odsse,j and apvoJed With the fcllowing vote Garrett, Cooper, (,arcla, Kelly Kinnison NOYOla ("j'"1C Scott iOllng "A.ye" Chesney and Marez were absent a. r/1QnQN~Q ,2006- 3.21 Mot,on autho''lZlng t, Ie City Managpr or hiS c!eslgnee to extend Oracle Database Enterprise bjltion software upaate and product suppOIt from Oracle USA Inc. of Reston, Virginia In the amount of $54 791 H8 for the tweve-month period beginning November 23,2006 Oracle lJSA. Inc IS an app'Jved Texas Department of Information Resources vendor 1 'le foregol matlc) was passed and ap~"oved With the following vote: Garrett, Cooper, Carcla. Ke:iv KlnniS)n Noycla a'lC Scott. ,oting '.A.ye' Chesney and Marez were absent. rvlinutes-- Regular. oune Mee:nq Noverr~1e 7 )006 PagF 2 3 b '\ilQI.LO!i_~',.) 200(,:36:: \/lct;on authorizing the City Manager or hiS designee to extend Oracle Real Application ;,sters softvvare pdate and product support from Oracle USA, Inc. of Reston, Virginia in '1e amount:::f $58 19088 for t'le twelve-month period beginning January 7,2007. Oracle IS;" Incs an ap[Coved Texas Department of Information Resources vendor. he foregOing moton was JaSseij and approved with the following vote: Garrett, Cooper, JcVGla Kell, Kinn son Novola and Scott VOTing 'Aye" Chesney and Marez were absent. 4 a \1SJ T!Qt\! N5J-20Ge:lg} /lotion autnYlzng ne City rJ1anager or nlS deSignee to accept additional grant funding in the Hrcun' of SA 50 OC J from the Executive Office of the PreSident, Office of National Drug cmc Pol cy tc;,upport Ule P)llce Departments role 11 the Texas Coastal Corridor vatlve i~ .'le HOlston Hlgr 1:ltel5lty Drug Trafficking Area he foregol"",J mot;n was passeej and approved With the follOWing vote: Garrett, Cooper, ;arcla Kell/ Kinn son Noyola and Scott voting 'Aye" Chesney and Marez were absent. 4 b. .' )EPINAN~!;~~ J2.I942 irl narlce appropratlng $' 50 ODe from he Executive Office of the President, Office of !\~atlonal Drug Cortrol PoliCY i'! T1e No 1061 Police Grants Fund to support the Police )eoartment s role the Texas Coastal Corridor Initiative In the Houston High Intensity Drug raftlcKing ;"rea .,n emergercy was declare,j ani] the foregOing ordinance was passed and approved With 'lIe fOllow!ng vote. 3arrett. Coope" Garcia Kelly Kinnison, Noyola, and Scott, voting "Aye"; hesney and Marez were absen' 'vlGrtQ r-{ ti0200t3f?4 /10'1on apprr)Jlng a SUPpiY agreement Witt': Ferguson Enterpnses of Corpus Christi, Texas srructura flbergk~ss linersr accordance With Bid Invitation No. BI-0215-06 based on low ::10 for an estinlateo annual expenditure of $42 128 58 The term of the contract shall be for 'welve rnonths With an option to extend for up to two additional twelve-month periods subject ; 'he approval of ;-le supp ler an] the Cltv Manager or hiS deSignee Funds have been Jogeted 'he W'lstewater Deoartment FY 2006.2007 he foregOing motl.Jn was passea and approved With the follOWing vote: Garrett, Cooper, ,arCla Keil\ Klnnl..:.on Noycla and Scottv'otlng'Aye" Chesney and Marez were absent. :\/lQJIO}:i.~9 2006365 rvlot!on approving t-,e purchase of five (5) defibrillators from Zoll Medical Corporation of helmsford. Massachusetts for a total amount of $83,618.44 The award is based on the 'Joperatlve purchaSing agreement With the Houston Galveston Area Council (H-GAC). The letbnllators Nill be used by the F re Department Funds have been budgeted by the Fire eoartmentn FY ~: J06.200 7 1e foregOing motli:n was cassed and approved With the fellowing vote: Garrett, Cooper, 8'rla Kelly KI'wl'on l\Joyya ::wd Scott. voting Aye" Chesney and Marez were absent \l'nutes \;,.:vemb, F<:eguar>)jnCII 'J1eet 2CJe - : 'aCje fYl!)lJOl\..t-JQ~QQ~- 5Qf5 I'v\)ton approving a SUDoiy agreement Wi!tl GT DiStributors, Inc. of Austin, Texas for acproxlmarelv 168,CJO roundS of ammunition In accordance with Bid Invitation No. BI-0044- C cased :::rJW tea! b'Cl fO' an ..::.st1mated serriannual expenditure of $31,604.92. The tt:,rr of "hE' Sl~PPiY dgreement ~, 'Cr SIX n--cnths with an cotlon to extend for up to five ajdirlonai s,x'"nonth periods sUbJecT to the approval of the suoplierand the City Manageror rs (jeslgnee Funds have Deer t'iJdgeted ov the Police Department in FY 2006-2007 e foregci'I'j motic I was pdSSe(1 and approvec with the folowlng vote: Garrett, Cooper, Ke I; Kin Is'n Noye a i-:J Scott Aye' Chesney and Marez were absent. !Y1QJ10N_~'LQ2006: 321 Motion autho'zlng tr e City Manager or hiS aesignee to execute a construction contract with j.:. OrtiZ Cons"rJctior of JS CrYIStl. Texdsn the amount c:f$316,850 for the Rolled Curb a d C3utter R~;Jlace"lent ;::y 200E 007 1 'Ie foregOing motlcl was passed and approved With the fOilowing vote: Garrett, Cooper, C'cHria. Kei; KWliS\n Noycia 3:-":1 Scott luting 'Aye" Chesney and Marez were absent. ~lQJ10l\.l(Q 20Q2_ 32~ Motion autnor'lzlng Vie City Manager or hiS deSignee to execute a construction contract In tne amount of S219.r-365 With RCM Construction of Corpus Christi, Texas forthe Wastewater Sprlilce Te qepalr and (-:leal-'>,! Installation Program FY 2007 ., 'e foregon; motlc I was p,3ssed and apvoved With the fodowing vote: Garrett, Cooper, Ke'i( Klrl'Sln Noycla enj Scott iOtlngAye' Chesney and Marez were absent ~1f-2T_IO~LNQ )OOQ.~ 369 Mution autho'wng t':e Cry Manage or hiS deSignee to execute Change Order No 8 to the Seawall Reccnstrucon P"oJect (=cntract U With cee Universal Constructors, LLC, Inc. of ~:lr Antone. T exaSl the arrO'Yil $134 ~ 93 fer tie Northbound Shoreline Drive Drainage -, F'k E.xtersCJn 1 'e foregcil; mobc 1 was pdssed and ap~ rnveCJ With the foilowing vote Garrett, Cooper, Caru8 Kel v Kwnlsln NOYCia d'le Scott ,otngA.ye' Chesney and Marez were absent. ~1QTJON_NQ .209,Q I'vlotlon authonzlng Ue City Manager or hiS ceslgnee to execute an Environmental Services Contract wlthA.RCAJIS ine of Corpus Chr sri Texas In an additional amount notto exceed $13981 for a'estat>~d total fee "0' :0 exceed $31.451 for the Corpus Chnsti International ,Arport IndjsT~al Pal<: PhaSE II f:'nJ ronmertai Assessment Air LogistiCS site). 1 I-'e foregol'lg motic'l was passeej and ap!='-:Jved With the fOllowing vote: Garrett, Cooper, Carola, KellY KlnnlS'Jn and SccP votmg',D./e" Chesrley and Marez were absent; Noyola aostalned "'Jlinutes - RegJlar i :ounc Meetln~: Novemce 2J00 Page 4 .2 h~J::;;PL llHO~NO 02TC~; ;";;esolution authorizing the City Manager u his designee to execute an Advance Funding '~gr-eement with the Texas Department of fransportatlon (TXDOT) In the amount of $0 for andscape Irnprovements along US 181 on the north Side of Twigg Street from Mesquite ::;treet to Broadway Street ile foregoing resol cJtlon was passed and approved with the following vote: Garrett, Cooper, -;arcla Kel!\ KI'lmc;on Noyola 3fld Scott voting 'Aye" Chesney and Marez were absent. "'~-'<*"k*""",,*+,* '\/layor3arrett caii,..:;d fo' C,Juncil concerns and reports Mr Garcia expressed concern -egardirlcJ Tfle resaie of evelt ticKets for trle American Bank Center Ms. Cooper asked if the airport ;JroVldec informatio: to passengers regarding the reqUired size of clear bags for carry-on items. She announced that the next Town Hall nleetlng IS scheduled on Monday, November 13th at 6:00 D m. at Miler Hgh SchOOl viayor Garrett cailec for me City Manager's report ASSistant City Manager Martinez stated ['"1at a conferenc::e sponsored by PubliC TeChnology Institute Will be held on December 4th and 5th to elebrate the completion ot the VVr-= system Mayor Garrett ca/lee for petitions from the audience Michelle Jones and Kelley Knight with ,'\ccesslbillty Coalition of the Coastal Bend thanked the council members who participated in the Challege the Ba" and lJresented therll with awards nere being n furt'er bustress tc::ome before the CounCil Mayor Garrett adjourned the CounCil '~leetlnq at 1 12 0 '11 (Y N)VemtJer 7 2006 \ * * ~ ~ ~ * ~- * ~ ~ .~ 2 ~...._.~.~ a CITIZENS ADVISORY HEALTH BOARD -- One (I) vacancy with three-year term to 11-11-09. J)UTIE~ 0 s'udv and assist In health and human servIce operatIons, services and programs, and to 'lake recnmmendatJons to the Cit\' and (o'lnty through the Director of Health and Human Services. COMPOSITION: Ieven {ll) member'",- jive (5) members appomted by the City Council for three- "ear terms, live (5) bv the ( ommlSSlOl1CrS Court; and onl; member appomted jointly by the City and the ounty. ht' board Cd:'cts it~ myn prcsiden: and VIC,_ presIdent. MEMBERS * Amanda Stukenherg \ City). V Ice Chair Dr. Cicorgc H Fisher City! Rose ('aballC' c' (Coutty) SUI/eue Chopm (eit.' ) Lee, Barrera,.Ir (COUilty) VACANT (Collnty) James ChruboclIlskl (<itYi Patr'c:a Lynn Crangle (('11\) Dr ,ony Diaz (Coun: v) V ACANl (County) AraselIa BarreLl (.j Olrt) rERM~ 1 1 -11-01, 1 I-Il-O~ '\Jon-Expiring i 1 11-U~ ~on-Expiring ~on-Expiring 11 ll-O~ 11 11.,m: '\Jon- Expiring '\Jon- Expiring 11 Il-m ORIGINAL APPTD. DATES 5-08-01 5-09-06 4-99 2-21-06 4-24-84 2-21-06 2-21-06 11-11-78 2-21-06 *Seckmg reappollltmen A Tl'ENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MT&S. NAME THIS TERM '\manda Stukenherg l ('ity) .;; NO. PRESENT ~ (] cxc) % OF ATTENDANCE LAST TERM YEAR 60% OTHF:R INDIVIDUALS EXPRESSING INTEREST Almira Flc'rcs Radiology I echnologist, Christus Spohn Health Systems. Graduate of Spohn Hospital School of Radiologic Technology. Activities include: Coas1al Bend Society of Radiologic Technologists, So. Texas Institute of the Arts. dnd the HIspanic Women's Network. Received the Las EstreiJas:\''vard. (8-21-06) \;1 ary Jane Garza i\ssIstam Superintendent West Oso Independent School District. Recelved 85., M.S. and Ed.D. Activities include: Bishop's Guild, Literacy (',n!l1ci1. Hispamc Women of the Coastal Bend andPDK. (5-25-061 ~- I aura L Hebert Professional Insurance Advisor, Arvak Insurance Group. President of CBAHt. PresIdent of Delta Gamma, RCIA teacher and member of Easter Star 354. (2-2/-05) Patncia E Vlattocks Director of Program Services, March of Dimes. Activities include: League of Women Voters - Past Vice-President and Nominating COmmltlee, Zonta, and S1. Paul United Church of Christ - Women's \lJlllstrv (9-22-06) ason Dean Sewell RegIstered Nurse, Corpus Christl Medical Center. Graduate of Del Mar College with an A.A. in Nursing. Certified in Advanced Cardiac L fe Support and Oncology Nursing Society. Interested in being active 111 the communi tv is a position of his expertise. (2-16-06) b. LIBIlARY BOARD Thfe: (3) vacanCIes with t\\/o-year terms to 1-05-08. DlJTIES: The committee sl'all be adVIsor-, to the City Councd and its duties shall be to investigate and recommend to the C ounci 1 matters relating to library serVIces. COMPOSITI01\: len (1 .i) members. c!ght (8 \ members shall be appointed for two-year terms by the CIty Council and two (2) members shall be ex-offiCiO members. The president of the La Retama Club shall be ex -officio WIth vote md the preSident of the Friends of the ( orpus Christi Public Libraries shall he ex-officlO without \ ote MEMBERS ****Yvonne Klystra Joyce Green Barbara Silvemlan Revnaldo Rodnguez *Mary C. Christmas Luc y McCracken Andrea NaismIth *Dr. A.N.M. Waheedu/zaman Rohin Carter, Pres., La Retama Club Ken Kellar, Pres., Friend or Libranes SUl Stanford TERM l-()5-06 ! I-U)-07 1-05.(17 ll-u5-07 I J-0)-06 -U)-Oj 11-05-07 J ] -05-06 Ex-OfficIO l:x-Officio Honorary, non-\ oting ORIGINAL APPTD.DATE 12-12-00 11-08-05 11-11-03 11-13-01 11-09-04 11-08-05 11-08-05 11-12-02 1-17-03 *Se,'k:mg reappOlntmert ****Has met the six-year llmitation al10wed by ordinance and is ineligible for reappointment ('Vote: The Library Board is recommending the reappointments of Mary C. Christmas and Dr. 4.N.M. Waheeduzzaman The Library Board is also recommending the new appointment of either ,(jam Bee('roft or Guillermo Pere';,.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT ~AME \;lary C. (hnstmas Dr A.N.~1 WahceduuamaI NO. OF MTGS. THIS TERI\l :\0. rRESENT 9 r., 0/0 OF ATTENDANCE LAST TERM YEAR 90% 60% OTHER INDIVIDUALS EXPRESSING INTEREST Sam Beecroft Beecroft ConstlUction Ltd., President. Received a B.S. in Civil [ ngmcering at Texas A&M Umversity. Activities include: Director .\.ssociated General Contractors Texas Workers Camp Insurance Purchasing Group and Vestry- Church of the Good Shepard (10-09-06) lamie Dun GOVCI11illent Intern, CorpusBeat Magazine. Received B.A. in English at Texas A & M University and currently pursuing M.A. from Texas A & M University - Corpus Christi. Activities Include: Corpus Christi Focus and Church of the Good Shepherd Bel Choir (1-06-06) Dr Larissa Fon: Fish and Wildlife Biologist, USFWS - Department of Interior. ReceIved B.S in Marine Biology, M.S. in Microbiology, M.S. in Puhl1( Admirustration and Ph.D. in Veterinary Microbiology. c\ct1\ltles 1n(lude DIsability Employment Coordinator for Region 2 and Earth Day Bay Day Committee. (2-17-06) ! ulia L k Substitue teacher at St James Episcopal. Received B.A. In Psychology dnd M.S in Education. Activities include: EducatIon CommIttee S1. ames Episcopal, PTO - lCC of "orpus Chnstl. POM Member- Windsor Park, Congregation Beth Israel Sisterhood Board. (/0-11-06) IUlllerm, Pere; RetIred School Assistant Pnncipal, Corpus Christi Independent School Oistri,_~t Received B.S. in English History and M.S. in 'vlId.Management Administration. Activities include: LULAC, Ij I Forum. RetIred T cachers, Leadership Corpus Christi Alumni dnd disabled \ deran (7-J 2-05) )rew Matlock Rcimm Selfemployed. Mediator. Received B.A. from University of Texas at Austin and J.D. from University of Texas Law School. \ctivlties Include: Mediator Association of South Texas, State Bar of lexas, Texas Association on Mediators, and Namaste Foundation. (5-22-06) c. REGIONAL HEALTH A \VARENESS BOARD One (!) vacancy with three-year term to 10-01-09. DUTIE~: ,) ensure that ODportUnItles ex :st for qualit\ dialogue bv citizens of the Coastal Bend on the ssues impactmg he,llth, saflly. envnonmenl. and l1k yua!Jty. COMPOSITIO\ Six (( I members representmg. a cross-section of health, environmental, and social nterest. fwo these cOrlmul11ty mcmh~rs wIll be appointed bv the City Council, City of Corpus "'hristl, t\P member:-,will t appointed lhe COllu11Issioners Court Nueces County, and two members .vll! be appl)jntcd the C( mnW;SIC,llCI { 'Jlirt San Patnelo County Each governing body will appoint 'me of then ()ri~'mal lommlmty m,_'mhe: appoinl';cs to a t\'yo-year term and the other appointee to a hree-vear term MEMBERS TER'1 Dr James Mobley (San PatriclO ('nmmun1ry Rep.), Chair T,'m Ballou (Port In !ustnes) M,lrgie Rose I City R ~:prcsentdti\ c' L,il1an Murra\ (Cit) Commulw: Rep,) *Angcla \Vomack (Ci ('ommun!ty Rep) kicl Alonzo iCount C\.mmunl'V Rep) Lmel Lopez (Coun'y CommUnI tv Rep.) A IlnSO ~'olma (San Patncio Community Rep\ Dr f"-ima '-'isley (COU:1ty Represcmatlve) D,'nnis R,'berts (San Patncio Representativ\' Jon Klggans (Port In,lustncs) Dr Mary Jane Hami:Lun (TA\H Corpus ,'illistl) D' Venkatesh Uddarnen (TAMl KingsvllJc) Annette Rodn?uez C\ueces County Health Admml Kdtherin\' Sess'ons (San Patnco '\dministrawr) Nelda Perez (b vironmental ProtectIon ReglOn 6) Susan CleWIS I TX Comm on Envmmmental Quality) ORIGINAL APPTD. DATE I 0-01-08 1 ')-01-06 10-01-08 10-01-06 j o-a 1-06 9-23-03 10-25-05 Ex-officio Ex-officio Fx-officio Ex-officio *Seek 109 reappomlmnlt ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME \ngela V. omack NO. OF :\ITGS. THIS TERM NO. PRESENT 11 0/0 OF ATTENDANCE LAST TERM YEAR 92% OTHER INDIVIDUALS EXPRESSING INTERES'I Rebecca f~ sparza PuhlJc Rclallons COlbultant. ReceIved Associate in Arts, Journalism from Del Mar College, Bachelor of Business Administration, Marketing and \1aster n f Business Admmistration from University of the Incarnate Word, "';an Antonio \ctivltles mclude: Board Member- American Cancer Society and Co-founder and co~facilitator, M.D. Anderson Cancer Support Ciroq\ (2~2606) Laura 1 Hebert Patncld F \-1attod, Russei i Stowers Professional Insurance Advisor, Arvak Insurance Group. President of CBAHU, President of Delta Gamma, RCIA teacher and member of Easter Star 354. (2-21-05) DllTctor o! Progranl ServIces. March of Dimes. Activities include: League ,)) Women Voters - Past Vice-President and Nominating CommIttee, 20nta, and SL Paul United Church of Christ - Women's M1I1is1TY. (9-22-06) DIrector Physical fherapist Assistant Program, Del Mar College. Recej'cd A AS, in Physical Therapy B.S. in Community Health, M.S. in F~duca[Jol' echnology and Ed.D. Graduate 2006. Activities include: .\mencan Physical Therapy Association, Texas State Guard/Texas Medical Rangers. Received Leadership and Teaching Excellence Award and 2(lOS Outstandin~ Academic Advlsor. (1-22-06) d. TRANSPORTATION ADVISORY COMMITTEE One (1) vacancy with term to 4-30-07. DUTIES. fo be responsihle for public advisory JUrIsdiction and citizen traffic safety investigation, traffic accident, mjur) and damage preventIOn in the City; developing and implementing coordinated traffic saictv pn,!:,rrams whil'h meet local needs: actIng In an advisory capacity to the City Council and he City \1anag:T Jll he COl rdin~l!iO'l o""lffic safl act 1\ Jties ofne official agencies and departments the Cit ,prorrli.]:;~~ puhl accc~pt.li1( ufficla. lrograrns proposed or initiated by the City; fostering mblic knnv,]edi,'c dnd supprt ci tr~. !fil IV enfor ;.;ment and traffic safety problems; cooperating with mblic and pnv(l:e SC')()(~J s\"tcrn.'. I!i nromotll1g traffic ...afety traimng aids in the schools; promoting the ,'ducatlOr the PUhlll Iii Ii 'tiC -.akl\ Jl((l gener;1i1\ ;1 <"lsting]Jl ;'(' overall reduction of traffic deaths, iliuries. lUldgC and dce Ide its tit t t, -. stnets COMPOSITIO'J: \line 9) lTil'mbeL dPpointec the City Council for three-year terms to provide ,ldvice or transportat)on and traffic saj~~1\ matters One member 11as traditionally been the incumbent -;ecurity ilfficern the '(\.av, A: S'atio Flects !'ha!n11an and \ Ice-Chairman annually. Meets 4th \-1onday ,'\'lhe month at 2( ) pm , ( it; Hal!, COUlhii Chambers. \lEMBER~ \Vdliam Green. Chill h....arcn Heard f< lehan. Balle} Sr *** \lex McNdir Robbie Foste!' urtls .'\, Ruck )avld \i SCi Jer l)amel Carnlales \IAC ]'Vlisty {ialan,' ('1\/\5 Seemm Officer! ***Reslgned INDIVIDUALS EXPRESSING INTEREST Mike Beavers TERM 4-~O-0; 4- 3 0-09 -+-30-08 4_.:;0_0"' 4- ~ U-(J': 4-30-08 -+- J 0-09 4-30-09 -+-30-08 ORIGINAL APPTD.DATE 5-11-04 5-30-06 5-10-05 5-11-04 4-11-00 5-30-06 5-13-03 12-20-05 12-20-05 \' "hie Ie Emission, Program Coordinator, Texas A&M University- C'(.rpl!s ('hristi, Kecelved Bachelor's of Science from Texas State C:l1IVCTSItY and a Master's from New Mexico State University. Al tivJ!ies 1l1cludc C C Air Quality Committee, Autocheck .\dvJsor\' Counci I (1nd~ssociatjon of Pupil Transporters. (11-02-06) C'arolyn I\10011 leacher. C'orpus Chnstl Independent School District. Received M.A. 1T1 Communications and Special education. Active member of the League of Women Voters and the Texas Democratic Women. (4..29-05) Dan Owen DIrector of Operations, Goodwill Industries of South Texas, Inc. Reccl\ed a BA in Political Science and Economics from Texas A&M Corpus Christl. Activities include: Community Service Chair Elect for Rotary Club Board, Ambassador to Chamber of Commerce, and t nited Way volunteer/speaker. (4-21-06) e.WEED AND SEED STEERING CO.MMITTEE- Onc (1) vacancy with two-year term to 11-01-08 representing Site 2 (Vote: Site J memher is no longer part of the Weed and Seed program.) DUTIES; ProVide program oversIght and make re(ommendations to City Council. COMPOSITION: ~ tOLd of cleven committee members. The City Council shall appoint two (2) resulents each from Slte 1 (\Torth) and Site 2 (We'it) One representative shall be appointed by each of ,he follo\vmg entIties CorpJS ChrislJ PolIce Department, West Oso ISO, Corpus Christi ISO, Housing \uthority County Attorney" office. Distnct Attorney's Office and the U.S. Attorney's office. A Weed md Seed Program stall member anc the Park and RecreatlOn Department Program Director shall serve IS ex-officIO. non-\ otmg mt'mbcrs. The S. Att(lrney representatJve will serve as Chairperson of the omrnittcc: The Chairper.on \ ,Hes UIl In the l:vent of a tIe "md becomes the tiebreaker. This ommittec \\lll cxpIn)n Atdsust :; I :'()O'"' llilless funds tor the program end sooner. MEMBERS Debra HohIe (l .S. A tty) ChaIrperson *Juan Meave Jr (Site 2) Frances L. Garza (Sire 2) Cmdr J\ Garcia (C( 'PDi Georg Johnson (CCISDl Richard Franco (Housing Authoritv) Laura Garza] nnene? (County Atty ) Dr Maunce Portis (\I/est OS0 ISO) Gall Gleimer I District Attorney's Office) George Hodge (Weed and Seed) Sally Gavlik (Park aId Recreation I *Seekmg reappointml:nt TERM ORIGINAL APPT. DATE Ex-otlicio, nom oting : i-OI-06 I J-OI-07 Lx-officio, votmg Ex-officio, votmg Lx-officio, voting Ex-officio, voting Ex -officio, votmg Ex-officio, voting Ex-officio, nonvoting Ex-officio, nonvoting 11-12-02 2-14-06 ATTENDANCF: RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Juan Meave. .II'. (Site'l NO. OF MTGS. THIS TEMI " OTHFR INDIVIDUAL EXPRESSING INTEREST L mda L De Leon NO. PRESENT 3 0/0 OF ATTENDANCE LAST TERM YEAR 60% Receptionist and Recreation A.D., Fighting to Rid Gangs In c\menca. ActIvities include: Volunteer in local schools. (2-1-06) 3 Requested Council Action 11/14/06 Alternate Date 12/12/06 "GENOA MEMORANDUM RECOMMENDA TION: MotIon approving a supply agreement with the following companies for the fbllowing amounts f()r hot ;mxed asphalt. based on low bid, for primary and secondary awards, in dccordance with the BId Invltation N.) 81.0027-07 The term of the agreements shall be for six months with an optIon to extend ten' up to five additional SIX month periods, subject to the approval of the suppliers and the City Manager or hIS deSIgnee. Funds have been budgeted by Street Services in FY 06- i-~ HAC Materials, L fD ~'orpus Christi. T exa" $499,200 Primary Supplier Bay l TD Corpus Christi. Texas $144,028 Secondary Supplier Grand Total: $643.228 **********************x******************************************************* Purpose ThIS matenalIs used by Street Services to patch utility cuts made in City streets and to correct pavement irregularities which extend the life of the pavement and provide a smoother riding surface. Bid Invitatinns Issued Bids ReceIved: ..., Previous (:ontract: The option to extend the current contract was not exercised due to specification changes from the using department. Price AnalYSIS: When compared to the previous bid, pricing has increased approximately 7.5 %. The price of liquid asphalt continues to rise due to the hIgh price of crude oil. Basis of Award: Low Bid Pnmary and Secondary Supplier The Bid Invitation indicated a primary and secondary award would be established to provide for a backup supplier to the contract. An estimated 8(V20 percentage split is proJected to be purchased from each () f the s upp tiers. Funding: Street Department 520130.1020-12410 520130.1020-12420 520130. ] 020-12430 $200,000 I 00,000 343.228 \ .., . - '; _ At\: ~\.., · (t =11 . '--'~~ / Mic~arrera / Procurement & General Sef\ Ices Manager rOTAL S643,228 CITY OF CORPUS CHRISTI PURCHASING DEPARTMENT BID TABULATION BID INVITATION NO.: BI-0027-07 HOT ~X ASPHALT TYPE D BUYER: GINA SANCHEZ Primary Supplier Secondary Supplier HAC MATERIAlS. L TO BAY LTD. CORPUS CHRISTI, TX CORPUS CHRISTI, TX UNrr I TOTAL UNrr I TOTAL ITEM DESCRIPTION QTY UNrr PRICE PRICE PRICE PRICE HOT MIX ASPHALT TYPE 0 8.000 Ton $51.25 $410,000.00 !Monday thru Friday Delivery HOT MIX ASPHAL T TYPE 0 1.600 Ton $5575 $89,20000 Saturday and After Hours Delivery IHOT MIX ASPHALT TYPE 0 2.000 Ton $52.69 $105,380.00 Monday thru Friday Delivery HOT MIX ASPHAlT TYPE D 400 lion $96.62 $38,648.00 Saturdav and After Hours Delivery I Award T ota $499.200.00 $144,028.00 Grand Total 643,228.00 The Bid Invitation indicated a primary and secondary award would be established to prOVIde for a backup supplier to the contract. An estimated 80/20 percentage split IS projected to be purchased from each of the suppliers. 4 Requested Council Action 11/14/06 Alternate Date 12/12/06 COUNCIL MEMORANDUM RECOMMENDATION: Motion approvmg a service agreement with Digital Mapping Services, L.P., Corpus Christi, Texas for GIS mapping updates in accordance with the Cooperative Purchasmg Agreement With the State of Texas in the amount of $45,000.00. Funds have been budgeted by the Water Department in FY 06/07, ************************************************************************************* BACKGROUND Purpose The project is part of a departmental initiative to update the \vater infrastructure information on the City's GIS mapping system, due to the recent increase in new commercial and residential development in the City. The project will convert hard copy information (150 project plans) to electronic format m order to update the Water Department's GIS infrastructure layer. The information will be used to operate and maintain the water distribution " vstem, Basis o! A ward' ('ooperative Purchasing Agreement with the State of Texas - CISV - Catalog Information Systems Vendor Funding Water Department 530000-4010-31505 530000-4010-31510 $22,500 $22,500 Total $45,000 ~(\ ,. i't I ..... I, I' .~~-- Michael Barrera Procurement & General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - Gabriel Maldonado Price Sheet BI-0076-07 Service Agreement ITEM DESCRIPTION Digital Mapping Services, L.P. Corpus Christi, Texas Extended QTY UNIT Price Service agreement includes project set-up, digitizing as-built drawings and project management. The City's GIS layers will be updated with data from approximately 150 project plans 900 hrs $50.00 $45,000 Total $45,000 5 .... CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/1412006 AGENDA ITEM: A. Resolution authorizing the City Manager or his designee to accept grant funding In the amount of $35,000 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for OWl enforcement overtime within the Police Department and to execute all related documents. B. Ordinance appropriating $35,000 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for OWl enforcement overtime within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. ISlUE: Because the state of Texas continues to lead the nation in the number of OWl deeths, injuries and alcohol related crashes, funds are available to conduct a special Impaired Driving Mobilization overtime enforcement program. BACKGROUND INFORMATION: The State of Texas, Department of Transportation is providing funding for an Impaired Driving Mobilization STEP for fiscal year 2007 with sJ>>Cial operations to be conducted during Christmas/New Years, Spring Break, 4th of Juty, and Labor Day. The grant places overtime officers across the City with various hours of operation. The goal of the grant is to make 120 OWl arrests during this time period RIQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. FUNDING: Officers will be working on an overtime basis with the State providing 100% of the salary, retirement. and mileage. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. Bryan P. Smith Chief of Police Atlachments: TXDOT Contract [3J Federa, Pas~ Through Gram funds CFT)A #20 )01 [J State Grant Funds -~- For TxDOT Use Only - Misc. Contract :\lumber: 587XXF6119 'harge Number: 070202B 1A V Project Year: N/A PIN (14 ,haracters only): 17460005741000 TEXAS TRJ\FFIC SAf'ETY PROGRAM GRANT AGREEMENT THE SJ;\TE OF TEXAS fHE COU1\TY OF TRAVIS IHIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of TransportatlOr herell1atter calied the Depanment, and Clty ofCorous Christi hereinafter called the Subgrantee. and becomes effective when fully executed by both parties. For the purpose of thIS agreement. the Subgrantee is designated as a(n): .= State\genc) D Non-Profit Organization ~ Umt of Local Govemmen [J Educational InstItution = Other ,descnhei . ____. _ <\UTHORITY: Texas TransportatIon Code, Chapter 723, the Traffic Safety Act of 1967, and the 1-1lghway Safety Plan for the following Fiscal Year(s) 2007 Project Title: STEP -:JD.'\1. ____ _ Brief Project Description: 19 conduct DWI enforcement Waves during holiday periods to increase QWl arrests and earned media activity as part of the statewide "Drink. Drive. Go To Jail" campailm and iP coni unction with the national Impaired Driving Mobilization campailm. Gnat Period: The Grant bec0mes effective on December 13. 2006, or on the date of final signature of both partIes. whichever is late- and ends on SeDtember 30.2007 unless terminated or otherwise modified \taumum Amount Eligible for Reimbursement: S1,'i,OOO rhe followll1g attachments are mcorporated as mdicated as a part of the Grant Agreement: .\ttachmem A. MaIling Addresses · '\ttachment B. Gene'a! Terms and ( onditiom (TxDOT Form 1 x54) · \nachmem ( ProJe.:t Descnption (IxDOT Form 2076) · \ttachmem D ActIon Plan (TxDO I Form 1852) · "\ttachment L Project Budget (TxDOT Form 2077 or 2077-LE) [R] \ttachment J Operational Plan (Txf)OT Forll 2109) (for Selective Traffic Enforcement Program grants onl) PagE ; () 7 ,DOT Form 2075 (rev. 6/14/2004) Project 1 iLk STEP 1M TEXAS TRAFFIC SAFET) PROGRAM GRANT AGREEMENT fhe signatory for the Subgrantee hereby represents and warrants that she he is an officer of the organizatlOn for which 5hefbe has executed thiS agreement and that shelhe has full and complete authority to enter mto this agreement on behalf of the organization. At the time the signatory for the Subcrantee SIgnS the Grant A~Tfeement. she/be will sign and submit to the Department a letter designating signature authonty by posItion title for grant-related documents other than the Grant Agreement or Grant Agreement amendmems.. These other grant-related documents will include, but not be limited to, the following performance repors, final performance report and administratlve evaluation report, Requests For Reimhursement iRFRs), ,nd routme correspondence THE SL BGRA:\'TEf THE STATE OF TEXAS Cav of Corpus Chnstl 'Legal '\lame of Agencv Lxecuted for the Executive Director and approved Jor the Texas Transportation Commission for the purpose and effect of activating and/or carrying (jut orders, established policies or work programs approved and authorized by the Texas ransportation Commission. By__ ;\uthorized Signature Georee K l\Q~_ ''\l ame 1 City Manager _ Title] Bv DIstrict Engineer r exas Department of Transportation Date: i\ame l'nder amhority of Ordinance m ResolutIon \umber i for ioca; govemmens) TItle' I )ate B\ DIrector, Traffic Operations Division Iexas Department of Transportation ~ot required for local project grants under S I 00,000.) flate Page'; II ~. f '(DOT Form 2075 (rev. 6/14/2004) Project t,t' STEP -D\1 Attachment A ;\1ailine Addresses f or the purpose of thIS agreement. the following addresses shall be used to mail all required notices, reports, claims, and correspondence. (NOTE: For warrants (checks). the address indicated by the electromc mail code. which 1 the last three dIgits of the PIN on page 1 of this Grant Agreement, shall be Jsed for disbursmg payment~ If that address IS not where the Subgrantee wants warrants or checks to be "ent, the ;';;ubgrantee needs to '1otif\ the Department of any appropriate changes. For Subgrantee (ProJecl Direrror): I\ame: ~~~P"rruth Iitle; Cluef 01 Pollee --..-..-. .~. ~.-._,- Organization: CO!E.u..:'i_c:hristi P.)lice !!~a!TITIent Address: P. O. Box 9016 -~,.- --...-..,-.. ------ ~o~U.S(h!!.s!!Lj exas~~6~__ Phone: 36 -886.:'604 Fax: 361-886-2607 E-mail:~~E~,::ctexas_-:o~_ Note: Any change In the Sub~ryantee information in thIS Attachment A, Mailing Addresses, does not require an amendment to the ( .irant Agreement However, the Subgrantee must submit a letter with the corrected mformation to the Vepartmem address below wlthm 15 days of the change. For Texas Department of T ramportation: I\ame: ritle: OrganizatIon: Address: Phone: Fax; E-mail : Page ,/ (of ! r>.:DOT Form 2075 (rev. 6/14/2004) Attachment B Project Title: STEP-IDM Subgrantee: Citv of Corpus Christi Texas Iraffic Safety Program GR~'\'T AGREEME~T GE~ERAL TERMS AND CONDITIONS ~TICI..E 1. COMPLIAN( 'E WITH LAWS fhe Subgrantee shall comply with all federaL state, and local laws, statutes, codes, ordinances, rules and regulations. and the orders and decrees of any courts or admmlstrative bodies or tribunals in any matter affecting the performance of' his Agreemem. mcludmg, without limitation, workers' compensation laws, mmimum and maXlmum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing la\\ s and regulations. When required, the Subgrantee shall furnish the Department with satIsfactory aroor o1'ts complIance therewlth. ~TICI,E 2. ST A~DARD ~SSrRA~CES The Subf,'Tantee herebv assures and certliies that it will comply wlth the regulations, policies, guidelines, and reqUlremenb. including 49 CFR (Code ot' Federal RegulatlOns), Part 18; 49 CFR, Part 19 (OMB iOffice of Managemem and Budget] Crcular .'\-110); OMB CIrcular A-87; OMB Circular A-I02; OMB lrcular \-21, OMB C'lrcular A-I22: OMB CIrcular A-.] 33: and the Traffic Safety Program Manual, as they relate to the appl1cation, acceptance. and llse of federal or state funds for this project. Also, the Subgrantee assures and certlfies that 1\. It possesses legal authoritv to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an officlaj act of the applicant's governing body, authorizing the filing of the application, nc1udmg all understandings and assurances contained therein, and directing and authorizmg the person identified as the official representatlve of the applicant to act in connectlOn wlth the applhation and to proVIde such additional mformation as may be required. B It and Its subcontractors \\ III comp: \\lth IItle VI of the Civil Rights Act of 1964 (Public Law 88- 352) as amended. and m lccordan,:e \\:Jh that Act no person shall dIscriminate, on the grounds of race. ,.Oior, sex. natlOnal ungm. age religIon, or disabIlIty It wi! comply Wlt'1 reqUlrcments of the provisions of the Umform Relocation Assistance and Real Property AcquisItlOns Act of 1970. as amended; 42 use (United States Code) 994601 et seq.; and United States Departmem of TransportatIOn (USD( H) regulations, "1 Jniform Relocation and Real Property AcquisItlOn for Federal and Federally ASSIsted Programs," 49 CFR, Part 24, which provide for far; and eqUltahle trealmem of persons displaced as a result of federal and federally assisted program~ n It will comply wnh the pn \ViSlOnS of the Hatch PolJtIcal ActIvity Act.. which limits the political actrv'tv of employees. (See also Arnell' 2" Lobbying Certification.) E It wiL comply WIth the federal Falr Labor Standards Aet's mimmum wage and overtime requirements for employees performmg project work It wi. establlsh safeguard.., to prohlblt employees from usmg theIr posltions for a purpose that is or gIVes the appearance o1'bemg motlvated h) a deslrt' for pnvate gain for themselves or others, partie ularly those v.Ilth whom theyiIave famlly, bus mess. or other ties It wil gl ve the Department the access to and the right to examine all records, books, papers, or documents related to this (Trant Agreement :>age j 0 :(DOT Form J 854 (rev. 7/20/2004) Project Title: STEP-ID~ Subgrantee: Citv of Corpus Christi Attachment B H It ~ . i~omply wlth ail reqUlrements Imposed by the Department concerning special requirements of law Jrogram reqUIrements, and other administratIve reqUlrements. It recof,'11IZe~ that many kdera] and state laws Imposmg environmental and resource conservation reqUirements ma) apply 0 thIS Gram Agreement Some, but not all. of the major federal laws that may affect the project include. the National Environmental Policy Act of 1969, as amended, 42 USC ~ 94i 2 1 et seq.. the Clear AIr Act. as amended, 42 use ~ p 401 et seq. and sections of 29 USC; the Federal Water Po!lutlOn 'ontrol Act. as amended. 33 USC ~9 1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 l'SC 996901 et seq.; and the Comprehensive Env,;onmental Response CompensatlOn. and LlahIlIty Act, as amended, 42 USC 999601 et seq. The Sub!:;'Tantee also reGogmzcs that the l' S Environmental Protection Agency, US DOT, and other federal agencIes have Issled, andn the !uture are expected to issue, regulation, guidelines, standards. orders. dIrect] es. or other ~eqUlremenb that may affect this Project. Thus, it agrees to compiy and assures the, omphance of each contractor and each subcontractor, with any such federal reqUirements as the federal government may now ,>r In the future promulgate. It Wi comply wHh the flood Insurance purchase requirements of Section 102(a) of the Flood DIsaster ProtectlOTl Act 0' 1973, 42 use ~4012a(a). SectIOn 102(a) requires, on and after March 2, 1975 the purchase of flood msurance m:ommunitles where such insurance is available as a COnditIOn fOI the ,'eceIpt "f an} federal !inancial aSSIstance tor construction or acquisition purposes for use en any area that has been IdentIfied by the Secretary of the Department of Housing and Urban Development as an area having specIal flood hazards. The phrase "federal financial assistance" includes any form of loan gram, guaranty. msurance payment, rebate, subsidy, disaster assistance loan ,r grant. or any forn- of dJreCl or mdIrect federal aSSIstance. K It WJ aSSIst the Department in ItS ,:omphance WIth SectIOn 106 of the National Historic Preservation Act ] 966 as amended \ . 6 L SC 4 70 el~eq. ), ExecutIve Order 11593, and the Antiquities Code of Texas ('\Jational Resources Code, Chapter 191) It WI comply With Chapter S'"'3 01 the 1 ex-as Government Code by ensuring that no officer, employee, or member oflhe Subgrantee s governmg board or the Subgrantee's subcontractors shall vote ,)[ ..:onfirm the employment of any person related within the second degree of affinity or third degree by consanguimty tu any member of the governing body or to any other officer or employee authonzed to employ or superVIse such person. ThIS prohibition shall not prohibit the employment of a person descrihed ID Section 573.062 .)fthe Tex-as Government Code. \1 It wil ensure that ad InfOrmatIOn collected. assembled. or mamtamed by the applicant relative to this project shall be avaIlable :0 the puhlIc dunng normal bUSIness hours m compliance with Chapter 552 of the Tt'xas Government Code. unless otherwise expressly provided by law. '\ If applIcable, It WIll comp,y WIth Chapter 551 of the Texas Government Code, which requires all regular, speCIaL or calledneetmgs of governmental bodies to be open to the public, except as otherv be provided by lav or speCI ficalh permItted in the Texas Constitution. .\RTICLE 3. COMPENSATION .). The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specifiec m Attachment E, Traffic Safety Project Budget. The amount included in the Project Budget will be deemed io be an estimate only and a higher amount can be reimbursed, subjec' 10 the condltions snecified In paragraph B hereunder If Attachment E, Traffic Safety Project Dage '2 0 ixDOT Form 1854 (rev. 7/20/2004j Attachment B Projectlitle: STEP-IDM Subgrantee: City of Corpus Christl Budget, specifies that COStS are based on a specIfic rate, per-unit cost or other method of payment, reImbursement wl11 be based on the speCIfied method Ii All payment~ WI!1 i>e mace in accordance with Attachment E, Traffic Safety Project Budget The c..;ubgrantee' s expendtures may o\'errun a budget category (I, II, or III) in the approved Project Budget wIthout a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the m;;,ximum amount ehgible h1f reImbursement rTxDOT) in the attached Project Budget for the cum:nt fiScal year fhh 0\ errun must be of'f-set by an equivalent underrun elsewhere in the Project Budget. If the ()'errun is five (5) percent or less, the Subgrantee must provide written notification to the Department prior to the Request for ReImbursement being approved, This notification must be in the form of an attachment to he Request tor Reimbursement that covers the period of the overrun. This attachment must indIcate 'he amount, Ihe percent ever. and the speCIfic reason(s) for the overrun, Any c\verrun of m,He Ihar five \ 5) aenen, of the amount eligible for reimbursement (TxDOT) in the attached Project Budget r'tqUlres an amendment of thIS Grant Agreement. The rnaXlmum amount eligible ror TImbursement-hall not be mcreased above the Grand Total TxD( n Amount In the approved Project Budget. unless this Grant Agreement is amended, as descnbed m e\rtIC:;;" 5 o[''1is Agreement For :-'e!eCl!ve fratflc Enforcement Program (STEPj grants only: In Attachment E of the Grant Agreement, Traffic Safet:- Project Budget (Form 2077-LE), Subgrantees are not allowed to use underrun funds from the TxDOT amount of (1 00) Salaries, Subcategories A, "Enforcement," or B, "PI&E ActiVities, to exc(~ed the TxOOT amount hted in Subcategory C, "Other." Also, Subgrantees are nOl allowed to use underrun funds from the TxDOT amount of(100) Salaries, Subcategories A. "Enforcement" or C "Other," to exceed the TxDOT amount listed in Subcategory B. "PI&E Activities." The TxDOl amount for Subcategory B. "PI&E Activities," or C, "Other," can only,e.::xceeded \\lthm 11e 5 percent :k'ihility, \\lth underrun funds from Budget Categories II or HI To be ellgIble for reimbursement under this Agreement, a cost must be incurred in accordance with Attachment E, TraffIC Satety Project Budget, within the time frame specified in the Grant Period on page of this Grant AgreemenL attributable to work covered by this ,\'greement, and which has been compieted in a manner sansfactory and acceptable to the Department Federal or TxOOl :unds:annot supplant (replace) funds from any other sources. The term "supplantmg. ,. refers to tnI.' use of tederal (11' TxDOT funds to support personnel or an activity already supported by Ioea, I ir stah fund:, Page.' Of '{DOT Form 1854 (rev. 7/20/2004) Project Title: STEP-IDM Subgrantee; City of Corpus Christ( Attachment B Paymcm of C0StS ll1currec under thiS Agreement IS further governed by one of the following cost pnnClples as appropriate outlmed m the Federal Office of Management and Budget (OMB) Clrcuar" · J\2, Cost PnncIples for InstIt!JtlOn~ of Higher Education: · /\-8 Cost PnncIples tor State LocaL and IndIan Tnbal Governments; or, · A 122, Cost Prmclp1e~ for ~onprofil Organizal1ons The Subgrantee agrees to ~ubmlt monthly or quarterly Requests for Reimbursement, as designated in Attachment D, Acnon PIal, \vlthm thirty i 30) days after the end of the billing period. The Subgrantee wlll use billing forms acceptable to the Department. The anginal Request for Reul1bursement. with the appropriate backup documentation, must be submitted to the Department address shown on Attachment A, Mailmg Addresses, of thIs Agreement. In addition, a copy of the Request for Reimbursement and appropnate backup documentation, plus three (3) copies of the Request f()r Reimburseme'lt wIthout backup documentation_ must be 'iubmitted to this same address, The Sub/:,'Tantee agrees to ~ubml1 the final Request tar ReImbursement under this Agreement within fortyrvt' 145) day, of the end of the grant period The Department ",111 exercise good faith to make payments within thIrty (30) days of receipt of properly prepared and documented Requests for ReImbursement. Payments, however, are contingent upon' he avallabllJt\ of appropnated fund~ Project agreemenb supported wnh federal or TxDOT funds are limited to the length of this Grant Period. which IS specified on page of thIS Grant Agreement. If the Department determines that the proJec' has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for fundmg assistance beyond the mitIal Agreement penod. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent projeCT costs. and those which have demonstrated performance that IS acceptable to the Department ~RTICLE 4. LI'\1IT-\ TIO!' OF LIABILITy Payment of costs incurred hereunder is contmgent upon the availability of funds. If at any time during thIS Grant Period, the Department determines that there IS insufficient funding to continue the project, the Department shall so notIfy the Subgrantee, gl\mg notice of mtent to terminate this Agreement, as specified .-\rticle 1 of this \greement I f at the end of a federal fiscal year, the Department Jetenmnes that there l~ suffiCltnt funding and performance to continue the project, the Department may ~() notify the Subgrantee to continue this agreement -\RTICLF 5 AMENDMENTS rhlS Agreement may be amended pnoru llS expIratIOn by mutual \vritten consent of both parties, ltllizing the (Tram Agreement\mendment deSignated by the Department. .Any amendment must be executed hv the partIes within :he Grant PerIod. as speCified on page 1 of this Grant Agreement. -\.RTlCLE 6. ADDITIONAl WORK AND CHANGES IN WORK If the Subgrantees of the opmlOn that any aSSIgned work IS beyond the scope of this Agreement and ,:onstitutes addltional work. the Subgrantee shall promptly notify the Department in writing. If the Department tinds that such wo'-k does constitute additIOnal \\iork. the Department shall so advise the t'uge 4 01 /(DOT Form 1854 (rev. 7/20/2004) Attachment B Project Title: STEP-IDM Subgrantee: City of Corpus Christl Suhgramee and a wntTen amendment to thl~ Agreement wIll be executed according to Article 5, >'\mendments. to provIde compensatlOt: for doing this Vvork on the same basis as the original work If performance of the additlOna work WI] cause the maximum amount payable to be exceeded, the work \\;111 not he performed before wnnen ;,rrant amendment IS executed If the SUbgrantee has submlU~'d work IfI accordance w1lh the terms of thIS Agreement but the Department requests ,:hanges to the completed work or parts thereof whIch mvolve changes to the original scope of services or character of work .mder thIS Agreement the Subgrantee shall make such revisions as requested and directed by the Department TJm will bt.' consIdered as additIonal work and will be paid for as specltled 1Tl thIS'\rtlck If the Suhgrantee submits wo: k that does l101-:omply '^ nh the terms ofthlS Agreement, the Department shall mstruct the Subgrantee 10 make sllch n~V]SIOnS as are necessary to bring the work into compliance with this-\greement '0 adduonal compensatIOn shail be paId for this work rhe Subgrantee s.hal make re, IS Ions tc- Tht \\ork authOrized m thIS Agreement, which are necessary to 20rrect errors or ,)mISSIOns appeanng Deren. \~hen reqUIred to do so by the Department No additional ~ompensat10n shall be paId for thIS w(rh. rhe Department ..hal1 not be responsibie for actIons by the Subgrantee or any costs incurred by the Suhgramee relatmg to additio'lal work not directly assocIated with or prior to the execution of an amendment ARTICI,E 7, REPORTINC Al'-cn MO~JTORING '-ot later than thJTt) ) days after the enG 01 each reportmg penod, as designated in Attachment D, '\ction Pian. the Subgrantee si1all submIt a performance report using forms provided or approved by the Department For short-term proJects, only one report submitted by the Subgrantee at the end of the project may be reqUlred, For longer proJects, the Subgrantee w1l1 submit reports at least quarterly and preferably monthly. The freqJency of the performancc' reports IS establIshed through negotiation hetween ,he Sub!,,'Tantef and t'le program or proJect manager For Selectlve frafficEnforce'nem Prol-,'Tams I STEPs), performance reports must be submitted monthly, The perf(lrmanCe report will nclude, as a ITIlnlmum: {l ) a comparison of actual accomplishments to the DbJectIves establIshed for the period. reasons why establIshed objectives and performance measures \vere not meL If appropnate, c,nd (.i other penment m1ormatlOn. including, when appropriate, an analysis and explanatIOn of ,;()S~ underuns, ,'ve:Tuns, 'lr' hIgh UIil t costs The Subb'Tantee shan 'iubmtt the Fmal Performance and AdmmIstrative Evaluation Report electronically WIthin tbm 130 days after c>1mpletior of the grant The Subb'Tantee shal1 promptl, adVIse the Department n wnting of events that will have a significant impact upon this Agreement nclud;ng '\. Problems. delays, or adve~se condmons, mcludmg a change of project director or other changes in Subgrantee personnel. thai will matenally affect the ability to attain objectives and performance measures. prevent the meding of tIme schedules and obJectIves, or preclude the attainment of project obJet.ll',es or performanct measures by the established tIme penods. This disclosure shall be accompamed by a statemtnt of the actIon taken or Jmtemplated and any Department or federal assistance needed to reso! \e the SIUatl!))] Page.' (i !):DOT Form 1854 (rev, 7/20/2004) Attachment B Project Title: STEP-IDM Subgrantee: Citv of Corpus Christi tj. Favorable developments "j" events T.hat enable meetmg tlme schedules and objectives sooner than anttclpated or achlcving greater performance measure output than originally projected. .~RTICIJ'~ 8. RECORDS [he Subgrantee agrees TO mamtam all reports. documents, papers, accounting records, books, and other eVIdence pertammg to costs Incurred and work performed hereunder, (hereinafter called the records), and ,hall make such records available a1lts office for the time penod authonzed within the Grant Period, as 'ipecified on page ] of thIS Grant Agreement The Sub/:,Tfantee further agrees to retain said records for 'our (4) years from the date 01 tinal payment under thi~ Agreement. until completion of all audits, or until Dending mgatlor has been completely and fUlly resolved. whIchever occurs last. Duly authonzed representatives of the Department, the USDOT, the Office of the Inspector General, Texas State '\udnor. and the ( omptroller General shall have access to the records. This right of access is lot limitec to the four 4) yea: penod but shal i last as kmg as the records are retained. ~RTICl,E 9. INDEM~IFI( ATION 10 the extent permined by la\\ the Subgrantee If other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from aU claims and liability due to the acts or omlSSlons of the Subgrantee. llS agents, or employees, The Subgrantee also agrees, to the extent Jermitted by law. to mdemnif hold, and save harmless the Department from any and all expenses, ncludmg hUT nOI ltmlkd to at l.)rne) fees. all, ourt costs and awards for damages incurred by the Department n iit1gatlOn or oth~rw]se resls1mg~uch claIms or liabilities as a result of any activities of the 'iubgranttT. its agents. (If emp:oyee~ ~urther, 10 the extent permitteJ by law, the Subgrantee. lfother than a government entity, agrees to orotect, indemnify, and save harmless the Department from and against all claims, demands, and causes )f action ,)f every kmd and character brought by any employee of the Subgrantee against the Department jue to personal inJune~ or death to such employee resulting from any alleged negligent act, by either omnllSSJUn -)I OmlSSlOf' on tb' pan \)f' he S ubgrantee it the Subgrantee IS a government entIty. both parties to thIS Agreement agree that no party is an agent, 'iervant, or employee of the otner party and each party agrees Jt IS responsible for its individual acts and .:leeds, as well as the acts and deeds of ltS contractors. employees, representatives, and agents. -\.RTICLE 10. DISPl'TES A~ REMEDIES ! hIS Agreement supen:edes al)' pnor oral .)f wntten agreements If a conflict arises between this \greemem and the Traffic Salety Program \1anual. this Agreement shall govern. Ihe SubgTamee snaIl he responsIble fOJ the settlement i)f all contractual and administrative issues arising . jut of procurement made by the Subgrantee T support of Agreement work. Dlsputes concernmg performance or payment shall be submItted to the Department for settlement, with 'he ExecutIve Director or his l'f her deSIgnee acting as tinal referee. Dage 6 0' i ':tDOT Form 1854 (rev. 7/20/2004) Attachment B Project fitle: STEP-IDM Subgrantee: City of Corvus Christi ~RTICLE 11. TER'1INA TIO:\ [his Agreement shall remain'll effect ,mti 'he Subgrantee has satIsfactorily completed all services and obligations described herem and these ha\e been accepted by the Department, unless: · !hlS Agreement is telmmated in wT1tmg with The mutual consent of both parties; or · here IS a \\T1llen thFly (30) day not!ce by elttler party: or · he Department detemmes that the performance of the project lS not in the best interest ofthe ')epartmenr and informs the Subgranree that the project is termmated immediately. rhe Department shall compensate the Subgrantee for only those elIgible expenses incurred during the tIrant Penod specified on page 1 of thI S Gram Agreement which are directly attributable to the completed portion of the WOrK covered by thIS Agreement, provided that the work has been completed in manner satIsfactory and acceptable to the Department The Subgrantee shall not incur nor be reImbursed for any new oblIgations after the effective date of termination. .\RTICl.E 12. INSPECTION OF \\ ORK fhe Department and. ~\ hen federa. funds an- involved. the LS DOT. or any authorized representative thereof, have the righ1 at all rr:asonablt time.., to mspect or otherwise evaluate the work performed or being performed hereunder aJ ld the premIses m which!t lS bemg performed. !f any InspectIOn or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall proVIde and reqUIre its subcontractor to prOVIde all reasonable facilities and assistance for the safety and con \t:menc.' of the mspectors in the performance of their duties. All inspections and evaluations "hall be- performe-J in such a manner as w11 not unduly delay the work. .\RTICLE 13. Al'DIT The Subbrrantee shall comply with the cequnements of the Smgle Audit Act of 1984, Public Law (PL) 98- 502, ensuring that the smgle (judil repon 1I1cludes the coverage stipulated m OMB Circular A-133, A..udits "fStates, Local Governments. anct Other ~on-Profil Orgamzations" rhe state audItor may conduc an audit or mvestigatior of any entity receiving funds from the state dIrectly under thIS Agreemem or mdlrectly through a subcontract under this Agreement. Acceptance of funds directly under thls Agreement or mdirectJy through a subcontract under this Agreement acts as acceptan<..:e uf the authonty 01 the State A..udllOr. under the dIrection of the legislative audit committee, to conduct an audit or mvestlgation m connectlOD with those funds. ;\RTICLE 14. SLBCONTRACTS The Subgrantee shali'lot ente: into an) subcontract WIth md1v1duals or organizations not a part of the Subgrantee's orgamzatIOn wnhout pnor wntten concurrence with the subcontract by the Department. Subcontracts shall contain all reqUIred proviSIons of thIS Agreement. No subcontract will relieve the Subgrantee of its responsibill1v under this Agreement. .\RTICI.E ]5. GRATl'ITIJ:S Iexas TransportatlOn omml',sion polley mandates that employees of the Department shall not accept any benef't. gIft. or favor trom any person domg busmess wlth or who, reasonably speaking, may do business \vnh the Depa11mem.mder thiS A~rreement The only exceptions allowed are ordinary business f'agi I'xDor Form 1854 (rev. 7/20/2004) Attachment B Projectlitle: STEP-IDM Subgrantee: Citv of Corpus Christl ,mches andtem" that have n,;eJ"ed t!-,e ath anced wnnen approval of the Department's Executive !hrector A.ny persun domg busmess With or who reasonably speakmg may do busmess with the Department under thIS Agreement may not make any offer of bend its, gIftS, or favors to Department employees, except as mentione(; here above Failur;' on the part of the Subgrantee to adhere to this policy may result in erminatwll) t tb s A greemen :\RTICI,E 16. ~O~COLLlSIO." The Subgrantee warrams that :t has not employed or relamed any company or person, other than a bona tide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paId or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gIft. or any llther consideratlOn contingent upon or resulting from the award or making 01 thIS Abrreement If the Subgrantee breaches or VIOlates this warranty, the Department shall have the 'Ight to annul thIS Agreement without liability or. m Its discretion, to deduct from the '\greemem pnce or consIdera' JOn. or otherWise recover the full amount of such fee, commission, )fokeragt' fee. contmgent fee.)r gIn :\RTICI.E 17. CONFLICT OF INTEIU:ST r he Subgrantee represents thai it or Its employees have no conflIct of interest that would in any way 'merfere wIth ItS or Its emplo) ees' performance or which in any way cont1icts with the interests of the Department The Subgrantee :"hall exerClse reasonable care and diligence to prevent any actions or ~onditions that could result in a contlicl WIth the Department's mterests :\RTICIJ': 18. Sl:BGRANTEE'S RESOI'RCES fhe Subgrantee certIfies that present]: has adequate qualIfied personnei in its employment to perform :he work reqUlred under thIS A,greemenr. or wtll be able to obtain such personnel from sources other than -he Depanment. \;J emplovee~ of the Subgramee shall havf such knowledge and experience as will enable them to perform the duties aSSIgned to them Any employee of the Subgrantee who, in the opinion of the Department. IS incompetent 01 whose conduct becomes detrimental to the work, shall immediately be "emoved from associat lon WIth the proJ ect. nless otherWIse speC1 iled. the' Subgrantee shail furnIsh all eqUIpment, materials, supplies, and other 'esources "eqUlred to perform' he work \RTICI.E 19. PROCUREMEl\T AND PROPERTY MANAGEMEI\'T rhe Subgrantee shall esrablist and admmister a system to procure, control, protect, preserve, use, mamtain, and dispose of any property furnIshed to it by the Department or purchased pursuant to this ';'!,'1'eemem In accordance witl' its O\~'l1 propert) management procedures, provided that the procedures are not in ,:onflict WIth the De;)artment" s property management procedures or property management ,tandards and federal standard,. as appropnak. m: Dage 8 0 rDOT Form 1854 (rev. 7/20/2004) Attachment B Project Title: STEP-IDM Subgrantee: City of Corous Christi · 49 ('FR, Part 8.'Urlform AcmmlstTative ReqUlrements for Grants and Cooperative Agree- ments to State and Ll,cal Governments'" or · ...1.} CFR. Part 9 (OMB CIrcular A-] 0), "Uni form Admimstrative Requirements for Grants and \greements wlth InstltutlOns of HIgher Educal1on, Hospitals, and Other Nonprofit )rgamzatlOm ~RTICLE 20. OWNERSHIP OF DOCT'\1ENTS AND INTELLECTUAL PROPERTY L:pon completIOn or termlllatlon of this Grant Agreement. whether for cause or at the convenience of the parties hereto, all finished or ,.mfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shalL at the optlOn oftlle Department. hecome the property of the Department. All sketches, photographs, calculatlOns. and other data prepared under thIS Agreement shall be made available, upon request. the Department w,thout restnctior or hmItatlOn ofthelT further use. \. Intelecrual property conslsts or copynghts, patent", and any other form of intellectual property rights covenng any data bases, ,-ofmare. inVentions, trammg manuals. systems design, or other proprietary informatlonn am form (lr med1Un B. All rights to Deparrmenl The Department shall own all of the rights (including copyrights, copyright appl1catlOns, copynght renewals, and copynght extensions), title and interests in and to all data, and other mformation developed under this contract and verSIOns thereof unless otherwise agreed to in writmg that there ,..ill be oint owrershlp All rIc<<hlS to Subgrantee. Classes and materials mltJally developed by the Subgrantee without any type ;jf- fundlllg or resoun:e assIstance from the Department remain the Subgrantee's intellectual propem For these classt's and matenaJs, the Department payment is limited to payment for attendance at classes. ARTIC],E 21. SrCCESSORS AND ASSIG~S fhe Department and the Subt.-Tantee each bmds itself, ts successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party m respect to all covenants of this Agreement. The Subgrantee shall not assign, suble1. or transfer mterest and obligations in this Agreement without written consent of the Departmt'n1 ARTICl.E 22. CIVIL RIGHTS COMPL]A~CE '\ Compliance with regulatIOns: The Subgrantee shall comply with the regulations relative to nondlscnminatlOn m federally-aSSIsted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C: and 4 I CFR, Parts 60-74. as they may be amended periodically (hereinafter referred to as the Regulations) The Subgrantee agrees to comply WIth Executive Order 11246, entitled "Equal Employment Opportunit: "as amended by Executive Order 1 1375 and as supplemented by the U.S. Department of Labor regulatIOns (-+ I (TR Part 60, B. NondlscnmmatlOn The :-,ubgrantee wl1r regard to the work performed during the period ofthis Agreement, shall not dlscnrrmate ,m the grounds ofrace, color, sex, national origin, age, religion, or disabJl1ty m the selectIOn and retentIOn of subcontractors, mcluding procurements of materials and leases of eqUIpment. Page <) ", i [,DOT Form 1854 (rev. 7/20/2004) Attachment B Project Title: STEP-IDM Subgrantee: Citv of Corpus Christi SolIe, latiOns :or subcontr"cts, includmg procurement of materials and equipment: In all solicitations eIther b~ competlt1\e biddmg or negotlallon made by the Subgrantee tor work to be performed under a sub(OntracL mcludmg p'ocurements of'1latenals and leases of eqUlpment, each potential subcontractor or supplier ~hall he notIfied by the Subgrantee of the Subgrantee's obligations under thIS Agreement and the regulatlOns relatl\e to nondIscrimination on the grounds ofrace, color, sex, naHon.a! '.ngm, agl religlln. or dlsablllt\ Informauon and reports: 1 he Subgrantee shall prOVIde all mformation and reports required by the regulatlOns, or dIrectIves "sued pursuant [hereto. and shall permit access to its books, records, accounts, other sources 01 mformatlon. and Its facihties as may be determined by the Department or the l SDOT to be pertmem to ascertain compliance With such regulations or directives. Where any informallon reqUired of the Subgrantee IS in the exclusive possession of another who fails or refuses to furnIsh thIS mtormatlOr the Subgrantee shall so certify to the Department or the US DOT, whiche\er is appropriate.md sha11 set forth what efforts the Subgrantee has made to obtain the requeqed Inj~)rma';)n t SanctlOns for noncompliance: In the e,em of the Subgrantee's noncompliance with the nondhcnmination provisl,m of thIS Agreement. the Department shall impose such sanctions as it or the l " DOT ma~ determne to he appropnate r IncorporatIOn of proviSIOns: The Subgrantee shall mclude the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or ,hrectiv,.~s. The Subgrantee shall take such action with respect to any subcontract or procurement as the Deparmem maY' direct as a means of enforcing such provisions, including sanctlons lor noncompliar,-:e. Ho\\ever. m the event a Subgrantee becomes involved in, or is threatened w1th htlgatlOnNith a subcontractor or supplier as a result of such direction, the Subgrantee may request trie Department to enter mto litIgation to protect the interests of the state; and in addition, the Subgrantee ma\ request the IJDlted States to enter into such litigation to protect the imerests (If the 1 imted State"- .\RTICLE 23, I>ISADVANl AGED BCSINESS ENTERPRISE :1 IS the polIcy of the Department and the l SDOT that DIsadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportumty to participate in the performance of agreements financed in \'\hole or :n part with federal L.mds Consequently, the Disadvantaged Business Enterprise requirements )1' 49 CFR Part 26, apply to this Agreement a<, follows · 1 ne Subgrantee agree> to insure that DIsadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opp(;rtunny to partH:lpate in the performance of agreements and subcontracts financed In whole or, part with federal funds In this regard, the Subgrantee shall make good faith efforts m accordance with 49 eFR Part 26. to msure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. · The Subgrantee and any subcontractor shall not dIscriminate on the basis of race, color, sex, natIonal origm. or disabilit;. m the award and performance of agreements funded in whole or in part \\]th federal fund These reqUlrements shall be ircluded m anY' subcontract FaIlure to carry out the requirements set torth above shall constitute a breach of this Agreement and, after the notificatlOn of the Department. may result in termination of this Agreement by the Department, or lther such remedv as the Department deems appropnak "age ! () ( xDOT Form 1854 (rev, 7/20/2004) Attachment B Project Title: STEP-IDM Subgrantee: Citv of Corpus Christi ARTICLE 24. DEBARMENT/SUSPENSION '\. The Subgrantee certifies to the best of Its knowledge and belief, that it and its principals: \re not presently debarred. suspended, proposed for debarment. declared ineligible or voluntarily [~xcluded iTom covered transactions by any federal department or agency; ., Have not withm a three (3) year penod preceding this Agreement been convicted of or had a civil Judgment rendered against them for commissIon of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction. vIOlation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bnbery, falsification or destruction ofrecords, making false statements, or receiymg stolen property; .., , ,\re not presently indIcted or othef\\'lse criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of rhi", Al1Jcle and 4 Ita ve not, WI thin a three (3) year period preceding thIS Agreement, had one or more federal, state, ,Ir local pubhc tranSactions tennmated for cause or default. B. \Vhere the Subgrantee IS unable to certIfy to any of the statements m this Article, such Subgrantee sha]] attach an explanatJUn to this Agreement. The Subgrantee IS prohitnted trom makmg any award or permitting any award at any tier to any party which IS debarred or suspended or otherwise excluded from or ineligible for participation in federal aSSIstance programs under Executive Order 12549. Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify ItS digibility to receIve federal grant funds, and, when requested by the Department. to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Sub grantee certifies to tile best of hIS or her know ledge and belief that: A. No federally appropnated funds have been paid or will be paid by or on behalf of the Subgrantee to any person for influencing or attemptmg to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal. amendment. or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencmg or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with thiS federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," m accordance with its in:-;tructlOm. The Subgrantee shall req Llire that the language of thiS certification be included in the award documents for all subawards at alJ tiers (including subcontracts) and that all subrecipients shall certIfy and disclose accordingly. Page j j oj J TxDOT Form 1854 (rev. 7/20/2004) - Attachment B Project Title: STEP-IDM Subgrantee: City of Corvus Christi ['his Cer11 ficat]on IS a matena representatlOn of fact upon WhICh reliance was placed when this transactIOn '~as made or entered into. Submission of t1m certIficatlOn IS a prerequisite for making or enterIng mto this transactlOn imposed by SectlOn 1352. Title 31. C.S. Code. Any person who fails to file the reqUired certification sha;1 be subject 10 a c1vi1 penalty of not less than $10,000 and not more than S] 00.000 for each such failure ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee IS a governmental or non-profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department. The Subgrantee is responsible for keeping the ('hiM Support Statement current and on file with that office for the duration of this Agreement period. rhe Subgrantee further certifies that the ChIld Support Statement on file contains the child support mformatlon for the mdlviduais or busmess entities named In this grant Under Section 231.006, Family Code, the Subgrantee certifies that the mdiv1dual or business entity named in this Agreement is not meligible to receive the speCl fled grant or payment and acknowledges that this Agreement may be Terminated and payment may be withheld if this certification ]s maccurate. The form for the ChIld Support Statement 1S available on the Internet at: http://www.dot.state.tx.us/cso/default.htm. Page J 2 of /." TxDOT Form 1854 (rev. 7/20/2004) Attachment C p...jeet Title: STEP - IDM N_e of Subgrantee: City of Corpus Christi Traffic Safety Project Description OBJECfIVES: The Objectives of this grant are to accomplish the following by September 30,2007: ._,-----.~_..__.---_._.._.,^ Target ObjectivesIPerforDlaDce Measures Number ~'"'__M"'_" .- A. Number and type citations/arrests to be issued under STEP -_",.-'- CbristmaslNew Year's (December 22, 2006 - Jan. 2, 2007) 1. Number of OWl arrests to be made during the ChristmaslNew Year's ~__. DWl Operation 30 Spring Break (March 9 - 19,2007) 2. Number of OWl arrests to be made during the Spring Break DWI Operation 28 ~. Independence Day (June 29 - July 5, 2007) 3. Number of OWl arrests to be made during the Independence Day DWI Operation 17 ~.- Labor Day (August 17 - September 3, 2007) 4. Number ofOWI arrests to be made during the Labor Day DWI Operation 45 - B Total Number of Enforcement Hours for Entire Grant Period 722 ~. C Complete administrative and general grant requirements as defined in the Action Plan, Attachment D. 1. Submit the following number of Performance Reports, including the Final Performance Report and Administrative Evaluation Report. 4 --"._- 2. Submit the following number of Requests for Reimbursement 4 - D Support grant enforcement efforts with public information and education (PI&E) as defined in the Action Plan, Attachment D. ~"C__ 1. Conduct a minimum of one (1) presentation for each DWI operation r period. 4 2. Conduct a minimum of two (2) media exposures (e.g., news conferences, news releases, and interviews) for each DWI Operation period. 4 3. Conduct a minimum of one (1) community event (e.g., health fair, traffic safety booth) during the grant period 1 4. Produce the following number of public information and education materials if applicable. 5. Distribute the following number of public information and education ...., materials if applicable. T1fI!tfic Safety Pro;ect Description Paf!e I of 4 hOOT Form 2076-IDM (Rev: 10/17/2006) ~-----""", Attachment C Project Title: STEP - IDM Subgrantee. City of Corpus Christi NOTE: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder In addition to the STEP enforcement activities, the subgrantee must maintain baseline non- STEP funded citation and arrest activity due to the prohibition of supplanting. L RESPONSmll..ITIES OF THE SUBGRANTEE: A Carry out the objectives and performance measures of this grant by implementing all activities in the Action Plan, Attachment D. B The Objectives/Performance Measures shall be included in each Performance Report and summarized in the Final Performance and Administrative Evaluation Report. C Submit all required reports to the Department fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions, Attachment B of this Grant Agreement. This Includes reporting to the Department on progress, achievements, and problems in periodic performance reports. All required documents must be accurate. Inaccurate documents will delay any related Requests for Reimbursement. The Subgrantee must complete and submit all Performance and Annex Report data on the Buckle Up Texas Website (w\\ \V_j)ucl.;,l~l,lptexa~:_Qm) no later than twenty (20) days after each reporting period. D A Final Performance and Administrative Evaluation Report summarizing all activities and accomplishments will be submitted to the Department electronically via the Buckle Up Texas Website no later than thirty (30) days after the grant ending date. E Attend meetings according to the following: I . The Subgrantee will arrange for meetings with the Department, as indicated in the Action Plan, to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate, qualified persons will be available to represent the Subgrantee at meetings requested by the Department. F When applicable, all newly developed public information and education (PI&E) materials must be submitted to the Department for written approval prior to final production. Refer to the Traffic Safety Program Manual regarding PI&E procedures. The manual is located at http://manuals.dot.state.tx.usldocslcohraft7formsltfc.pdf. G For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district-managed grants, the Subgrantee must have written Department district approval for travel and related expenses if outside of the district boundaries. Trtll/ffic Safety Pro;ect Description Paf(e 2 of 4 TxDOT Form 2076-IDM (Rev: 10/17/2006) ~_......''''....- Attachment C Prqect Title: STEP - IDM Subgrantee City of Corpus Christi H Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. I Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. J The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant year. K Carry out the objectives of this grant by implementing the Operational Plan, Attachment F of this Grant Agreement. L Ensure that each officer working on the STEP project will complete an officer's daily report form. The form should include: name, date, badge or identification number, type of grant worked, grant site number, mileage (if applicable) (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. M Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department (TxDOT) prior to incurring costs. N Support grant enforcement efforts with public information and education (PI&E). Salaries being claimed for PI&E activities must be included in the budget. o Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. P Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked Q If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest R At the time the signatory for the Subgrantee signs the Grant Agreement, provide a letter to the Department from the enforcement agency head, training officer, or authorized individual certifying that the officers working DWI enforcement are, or will be, trained in the National Highway Traffic Safety Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. S The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary T.,..f!ic Safety Pro;ect Description PaRe 30f4 TxDOT Form 2076-IDM (Rev: 10117/2006) Attachment C Project TItle STEP- lDM Subgrantee: City of Corpus Christi T The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle Up Texas Web site at www.buckleuptexas.com. IL RESPONSIBILmES OF THE DEPARTMENT: A Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: review of periodic reports 2. physical inspection of project records 3 telephone conversations 4. e-mails and letters 5. meetings. B Provide program management and technical assistance C Attend appropriate meetings. D Reimburse the Subgrantee for all eligible costs as defined in the Traffic Safety Project Budget, Attachment E. 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Date Revised: o.tget Category I - Labor Costs (lOG) Salaries ~ Overtime or 0 Regular Time Salary I3tes are estimated for budget purposes only. Reimbursements will be based on actual costs per employee in accordance with Subgrantee's payroll policy and salary rate. List details: A Enforcement (overtime) 1 OfIicerslDeputies: ~ hrs. @ $36.70 per hr. 2. Sergeants: _ hrs. @ $_ per hr 3 Lieutenants: _ hrs. @ $__ per hr. B. PI&E Activities (overtime) See Grant Instructions. _hrs.@$_perhr. C Other (i.e., overtime staff, supervisory support, conducting surveys) See Grant Instructions. Specify: administrative DaDerwork 11..QQ hrs. @ $42.16 per hr Total Salaries. . . . . '" (200) FriDae Beaefits. Specify fringe rates A Overtime: 21.68% B. Part-Time:_% C Regular Time: _ % Total Friaee Benefits.. ..... L Total Labor Costs (100 + 200).. (Round figures to nearest dollar) Otherl TxDOT StateJLocal TOTAL ___ 26,497 26,497 o o o 506 --...- 27,003 506 o 27,003 ._. 5,854 5,854 o o o 5,854 o 32,857 5,854 32,857 * DetIIiI RecpUred: As an attachment to the budget, a justification and a detailed cost breakdown is required for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500), CGntractual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800) TxOOT Form 2077-lE (rev 8112120(4) Page 2 of 2 Project Title: STEP - 10M Subgrantee: City of Corpus Christi Attachment E Fiscal Year: 2007 o Check here if this IS a reVlsed budget Date RevIsed: B_get Category II - Other Direct Costs (308) Travel* Reimbursements will be in accordance with Subgrantee' s trnvel policy. Subgrantee must bill for actual ttavel expenses - not to exceed the limits reimbursable under state law A Travel and Per Diem (includes conferences, training workshops, and other non-enforcement ttavel) .... B. Subgrantee Enforcement Vehicle Mileage: Rates used only for budget estimate. Reimbursement will be made according to the approved subgrantee's average cost per mile to operate patrol vehicles, not to exceed the applicable state mileage reimbursement rate as established by the Legislature in the ttavel provisions of the General Appropriations Act Documentation of cost per mile is required prior to reimbursement. 3456.00 miles @ ~ per mile Total Travel. ... (408) Equipment* (500) Supplies* (608) Contractual Senices* .. (708) Other Miscellaneous" A Registration fees (training, workshops, oonferences, etc.) .. . B. Public information & education (PI&E) materials . 1 Educational items = $_ (eg.: brochures, bumper stickers, posters, fliers, etc.) 2 Promotional items = $_ (eg.: key chains, magnets, pencils, pens, mugs, etc.) C. Other....... ............. .... Total Other MisceHaneous n. Toea! Other Direct COlts (300 + 400 + 500 + 600 + 700) B_get Category m - Indirect Costs (800) Indirect Cost Rate* (at _%) S.....ary : Total Labor Costs ............ .......................................................... Total Other Direct Costs.. ........................................................... Total Indirect Costs .......... ............... .......................................... Gand Total (1+ n + III) .................................................... F1uId Sources (percent Share).... ...... .................. ................. ........ (Round figures to nearest dollar) Other! TxDOT StatelLocal TOTAL o o ____ 2,143 2,143 2,143 2,143 o o o o o o o o 2,143 o 2,143 o o o 32,857 0 32,857 2,143 0 2,143 0 0 0 35,000 0 35,000 100.00% 0.00% ---.- * ~ DeuIII Required: As an attachment to the budget, a justification and a detailed cost breakdown is required fOliall costs included for Fringe Benefits (200), Travel and Per Diem (300). Equipment (400), Supplies (500), a.ttactual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800) Fom: 2 09 Attachment F TRAFFIC SAFETY OPERATIONAL PLAN FY 07 STEP - IDM ~ ame of Subgrantee: City of Corpus Christi Site Description I Enforcement Period I Christmas/New Year's Wave December 22, 2006 - Jan. 2, 2007 Sorine Break Wave March 9 - 19, 2007 Jurisdiction Wide Indeoendence Dav Wave Conduct focused DWl saturation patrols within June 29 - July 5, 2007 high risk locations during times when alcohol- related crashes are most frequent Labor Dav Crackdown August 17 - September 3, 2007 · Conduct a minimum of 4 nights ofDWI enforcement during each holiday period · Conduct pre and post earned media activities for each holiday period WE? -IDM 09/J 3/06 Operational Plan ...... c :l) ] :J .:3 < III II - :~ u " ftI :s II e I:Il c 2 c " ~Q. c(~ C~ z:: W~ ..J3 C(~ Obl III :E~ C~ - -c; II Q.~ Wi! I-bl U)~ '; t-e Q! ~ >e LLIIl ~ ii Q. 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"O,.c ,g ::: ~ U =-:.= -.g ~ 0.. ~.s ~- .. - ~2 = 0 ~; ..- ~ s::::: ~ v < ~ rIJ ~ t:~ ~ S ~c;; <<I U :0.9 ~...... ~ g I ~ - ::: rIJ 0 :'u N '0 s:::: <V) ~ ~ c::,a:: ::?2~ 8 .~ ~~ ~ ~ \/)0 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT GRANT FUNDING IN THE AMOUNT OF $35,000 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR AN IMPAIRED DRIVING MOBILIZATION SELECnvE TRAFFIC ENFORCEMENT PROJECT (STEP) GRANT FOR OWl ENFORCEMENT OVERTIME WITHIN THE POLICE DEPARTMENT AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept grant funding in the amount of $35,000 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) Grant for OWl enforcement overtime within the police department and for overtime to execute all related documents for the applicable time period. SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if said grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Transportation ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor Approved as to form AJ'tJV,.. 'w- r ,2006 Joeeph .a;~ {h5/ Assistant City Attorney For City Attorney Corpus Christi, Texas of ,2006 The above resolution was passed by the following vote: Henry Garrett .rent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E Marez Jesse Noyola Mark Scott ~ ORDINANCE APPROPRIATING $35,000 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING OF AN IMPAIRED DRIVING MOBILIZATION SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) GRANT FOR OWl ENFORCEMENT OVERTIME WITHIN THE POLICE DEPARTMENT IN THE NO. 1081 POLICE GRANTS FUND; AND DeCLARING AN EMERGENCY. IE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $35,000 from the Texas Department of Transportation is 8lPpropriated in the No. 1061 Police Grants Fund for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for OWl enforcement .,d overtime within the Police Department. IECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) SUSPends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this, the 14th day of November, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form ~/.~ 1.10/ "'~.w 1 , 2006 ~(\-- Josep Harney ~ Assistant City Attom--y For City Attorney ....-- TO THE MEMBERS OF THE CITY COUNCil Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an eI1ergency exists requiring suspension of that Charter rule which requires an Ofdinance to be considered and voted upon at two regular meetings. Therefore, l/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John E. Marez Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott ~ _c.- 6 ..........,-'- CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/14106 AGENDA ITEM: Motion to authorize the City Manager or the City Manager's designee to execute a lease agreement with the Nueces County Appraisal District for a two year term with a right to renew for three additional one year periods beginning at $64,092 per year and providing for an annual adjustment according to the Consumer Price Index ISUE: The Police Department needs additional space for investigators. BACKGROUND INFORMATION: The Police Department currently leases 7,500 square feet from the Appraisal District on the 3rd floor. The area will be increased to 9,017 square feet to provide for an expanded investigative unit. REQUIRED COUNCIL ACTION: Approval of the motion. PltEVIOUS COUNCIL ACTION: None FUNDING: Funds are provided for in the Police General Fund. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as PfBsented. ~ B. P. Smith Chief of Police Attachments: Lease Agreement 201 N. Chaparral. Suite 206 Corpus Christi, Texas 78401 Telephone No. (361) 881-9978 Fax No. (361) 887-6138 LEASE aETWEEN THE CITY OF CORPUS CHRISTI POLICE DEPARTMENT AND THE NlJECES COUNTY APPRAISAL DISTRICT STA TE OF TEXAS COUNTY OF NUECES WHEREAS, the City of Corpus Christi (City and Lessee) needs office space for its Police Department; and WHEREAS, the Nueces County Appraisal District (Appraisal District and Lessor) has space available at 201 North Chaparral and is willing to lease office space for the Corpus Christi Police Department under the following terms and conditions: NOW, THEREFORE, City of Corpus Christi and Appraisal District, in consideration of the mutual covenants contained herein, agree as follows: 1, Term. Appraisal District leases the Premises to the City for its Police Department for a period of two (2) years beginning October 1, 2006, with the right to renew for three (3) additional one-year periods upon the same terms and conditions, subject to the Police Chiefs written request at least sixty (60) days pnor to term expiration and the Chief Appraiser's approval. Police Department may continue to occupy leased premises after expiration of this lease, or any extension thereof, on a month-to-month basis, paying in accordance with the terms of the most current signed lease agreement. 2. Premises. The City shall lease 9,071 (nine thousand seventy-one) square feet of office space in the Nueces County Appraisal District Building, located at 201 North Chaparral (Office Building), on the third floor, as set out on the attached and incorporated Exhibit A (Premises). 3. Rental Fee. City shall_pay monthly rent at the rate of $0.5887 per square foot (unit rate as of March 2006). Each year, the Appraisal District will adjust the rental fee by the ratio that the Consumer Price Index (CPI) increases, or decreases, from January 1 to December 31 of the previous year, to calculate the new rental fee for the current year. City shall pay its monthly rental fees Corpus Christi Police DepartmL'llt NCAD Building Lease 2006-2008 on or before the tenth (10th) day of each month in advance. Payment shall be made to: Nueces County Appraisal District Attn: Mr. Ollie Grant, Chief Appraiser 201 North Chaparral, Suite 206 Corpus Christi, Texas 78401 4. Utilities. The Appraisal District shall provide all utilities and HVAC in good working order and shall provide maintenance and repairs to utilities and HV AC at its cost 5. Custodial Services. Appraisal District shall provide custodial services to Premises of the same quality and frequency provided to the balance of the Office Building. 6. Maintenance. Appraisal District shall provide repair and maintenance services to Premises of the same quality and frequency provided to the balance of the Office Building. 7. Parkina. Appraisal District shall provide four (4) parking spaces reserved for the Police Department on John Sartain Street and one (1) parking space in the north parking lot 8. Sanitation. Appraisal District shall ensure that all refuse is removed from the Premises and Office Building and properly stored and disposed of. 9. Insurance. Appraisal District shall insure the Office Building and City shall insure its own contents including furniture, fixtures, and equipment. 10.Securitv. Appraisal District shall provide whatever type of security system it deems adequate to protect the Premises; Office Building; all furnishings, equipment, papers and personnel. 11.Access. The Premises shall be open to the public on a non-discriminatory basis from 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding Nueces County Appraisal District holidays. 12. Default. The following events constitute a breach of this lease and a default thereunder: a} failure of the City to pay its rent on or prior to the due date; b) failure of the City personnel to comply with security measures provided or required by the Appraisal District; or c) destruction or uninhabitability of the Office Building. Corpus Christi Police Departtnent NCAD Building Lease 2006-2008 2 13. Remedies. If the City or the Appraisal District default as set out above, ten (10) days notice will be provided to the defaulting party of the default claimed and the timeframe for an additional ten (10) days to cure the default. If the default is not cured within the timeframe set out, the non-defaulting party may elect to cancel this lease immediately and seek all remedies provided under the law. 14. Waiver. Any waiver of breach of anyone or more covenants herein shall not be construed to be a waiver of any subsequent breach of the same or any other covenant. Nor shall failure, on the part of any party, to require exact compliance with any covenant or term of this lease be construed as changing the terms of this lease or estopping the parties from enforcing the full provisions thereof 15. Cancellation. This lease may be canceled upon the occurrence of any of the events of default herein described. 16. Notices and Addresses. All notices, demands, requests, or replies provided for or permitted by this Lease shall be in writing and may be delivered by any of the following: 1 personal delivery; 2. deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid to the addresses stated below; or 3. facsimile transmission. If to City Police Department: City of Corpus Christi Attn: Chief of Police 321 John Sartain St. Corpus Christi, Texas 78401 Fax No. (361) 886-2607 If to Appraisal District: Nueces County Appraisal District Attn: Mr. Ollie Grant, Chief Appraiser 201 North Chaparral, Suite 206 Corpus Christi, Texas 78401 FAX No. (361) 696-7610 Colpus Christi Police Department NCAD Building Lease 2006-2008 3 17.Surrender. Upon expiration or cancellation of this lease, Police Department shall peacefully vacate the Premises and deliver up the same to the Appraisal District in a reasonably good condition, ordinary wear and tear expected. 18.lnteroretatlon. a) This lease shall be interpreted according to Texas laws. Venue shall lie in Corpus Christi, Nueces County, Texas, where the lease was executed, the Premises are located, and both parties reside. b) The headings herein are for convenience and reference only and are not intended to define or limit the scope of any proVision herein. 19.Asslanment or Sublease. Lessee shall not have the right without the prior written consent of the lessor to assign or sublet this lease. 20. Entlrelv. a) This lease, and all exhibits, constitutes the entire agreement between the Police Department and the Appraisal District. The unenforceability, invalidity, or illegality of any provision of this lease shall not render the other provisions thereof unenforceable, invalid, or illegal. b) This lease may be modified only by further written agreement between the parties signified by execution by duly authorized representatives of each party. c) All provisions of this lease are for the exclusive benefit of the Police Department and the Appraisal District and shall not be construed to be for the benefit of any third party. 21.ADDroDrlatlons. This lease is subject to annual appropriation of funds by Lessee. If this lease is not a budgeted item for any City fiscal year, the Lease shall terminate on July 31 of the last fiscal year for which Lease funds have been budgeted. The termination in this manner shall not constitute an event of default. 22. Termination In the event of sal.. Lessor may terminate this Agreement, upon six month's advance written notice to Lessee, upon the sale of the Premises. The termination in this manner shall not constitute an event of default. a.pus Christi Police Dq>artment NCAD Building Lease 2006-2008 4 - Signed this ____ day of ,2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary George K. Nee City Manager APPROVED:_ tJ DAY OF I "t iJ 1,/t.""-"1-__ , 2006. By: 'i-' .. 'v-,~'" /~_ LoO(' /\_" t.. , '--__ . r .;"7', Assistant CltY)Attorney For City Attorney Nueces County Appraisal District )1 ret ....\ '! i By: ~ \LZtv Name: Ollie Grant Title: Chief Appraiser By: ~Iifft Eto . sal - Chairman Board of Directors Calpus Christi Police Department NCAD Building Lease 2006-2008 5 7 AGENDA MEMORANDUM City Council Action Date: November 14.2006 A8ENDA ITEM: A motion authorizing the Director of the Public Health District to execute an agreament with the Association of Public Health Laboratories for testing of erwironmental samples relating to a plan for responding to an act of bioterrorism. ISlUE: The Public Health District laboratory will analyze and report the testing results of environmental samples to the Association of Public Health Laboratories (APHL). The APHL will pay $150.00 to the Public Health District for each result reported. REQUIRED COUNCIL ACTION: Approval to enter into agreement. PIlEVIOUS COUNCIL ACTION: None FUNDING: Project funding is through the Department of State Health Services grant. No nwtching funds are required. C8NCLUSION AND RECOMMENDATION: Recommend City Council to approve the r8luest by the Public Health District to enter into an agreement with the Association of Public Health Laboratories. ) {~'. .d"'"Ko.,cO~ J /h/If Annette Rodriguet, liI:P.H. Acting Director of Public Health BACKGROUND INFORMATION The Department of State Health Services (DSHS) is supporting a grant in the amount of $560,950 for the Public Health District to provide community public health preparedness through the laboratory's participation in the Laboratory Response Network (LRN). The LRN is a result of cooperation between the Centers for Disease Control and the Association of Public Health Laboratories (APHL). This agreement will allow regional testing of environmental samples to be accomplished using standardized methods and protocols for analysis, reporting, and payment for laboratory testing. The agreement allows for payment of $150.00 for each sample tested by the Corpus Christi-Nueces County Public Health District laboratory 8 ~>.....,"""",, CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 14,2006 AGENDA ITEM: Resolution authorizing the City Manager or designee to accept the donation of a monument commemorating the WWII Pearl Harbor Survivors from Corpus Christi by installing a monument in Sherrill Park. ISSUE: The Pearl Harbor Survivors Association, Chapter 5 of Corpus Christi, Texas, has received donations to install a granite monument in Sherrill Park that commemorates the Corpus Christi survivors of the Pearl Harbor attack. The Mayor's Committee on Veteran Affairs has approved the monument and location in Sherrill Park. REQUIRED COUNCIL ACTION: The City Council is requested to approve the monument to be installed in Sherrill Park near the other veteran monuments. PIIEVIOUS COUNCIL ACTION: none OONClUSION AND RECOMMENDATION: Staff recommends approval of request to accept the donation of the monument and the installation at Sherrill Park. iLl lik, Director d Recreation Attachments: letter from Pearl Harbor Survivors Association to Mayor's Committee on Veteran's Affairs letter from Pearl Harbor Survivors Association to City Site map PRII& ..-I.RILL_I.." JII.OIft.. ~S (ellf. __J"', TRIAl September 11, 2006 To: Nayor's Committee for Veterans' Affairs From: Pearl Harbor Survivors, Corpus Christi ATfN: MR. JUAN SAENZ Sirs: On behalf of our local membership, I am pursuing their desire to erect a modest monument in Shemll Park in remembrance of the events of December 7, 1941. We hope that our proposed monument will join the monuments already there and later be joined by odlers. Each memorial, including the one dedicated to today in memory of September 11, 2001, honors a special part of our nation's history. And in honoring the devotion to duty of our men and women of a particular time and place - such as Pearl Harbor on December 7th 1941 -we honor all men's devotion to duty, in every time and place. Our Pearl Harbor survivors, as you know, are aging fast. Not many remain. We hope that those still here will be able to see this monument in place with their own eyes. We seek your support as fellow veterans and as members of the Mayors committee as we purs8e this with the city. Our plan is simple: we will raise the money to erect a granite monument similar to the one you see in attachment A: "PHSA New Mexico Chapter 1 Monument dedicated on December 'r', 2004". The approximate cost of the one shown was $7,000 - we have one survivor who has already pledged $8000 himself for this monument. We \ViII work as appropriate with city government to get this accomplished. You may be aware that our chapter was instrumental in establishing the "Remember Pearl Harbor" permanent exhibit aboard the USS Lexington Museum. Another of our activities is described in attachment "B". We ask your support. and encourage you to consider your own. 'I1uu* you. On Behalf of the Pearl Harbor Survivors -\ ,...---- Y'\ i/.. . / /', / / I . ""-f:~/ ,~ /7 Peter Rabalais (361) 992-6068 [H] (361) 993-4053 [0] QderrabaJais u aul.cllll, Attadunent "A"- PHSA Monument in New Mexico from May 2005 (p. 31) Pearl Harbor Gram Attaobment "B" - Local PHSA Chapter does student teleconferences GRAM I i Page 31 ~ g PHSA New Mexico Chapter 1 Monument Dedicated On December 7th, 2004 L8ft to RIght are ChapW.1 mem....: Ho.... GM*, John Stanhope, Ray Youngman, ....".. Rounding. VIce P.....dent, Stan White, Pru'dent, Ray Baker, and Ch8plaln and SlID Chairman, Cha..... WIeland. The Albuquerque, New Mexico, Chapter 1 Pearl Harbor Survivors raised approximate- ly $7,000 needed to purchase and install this Pearl Harbor monument in the wwn area designated at the New Mexico Veterans Memorial in Albuquerque, NM. A fonnal dedi- cation ceremony took place at the Veterans Memorial on December 7, 2004. The mon- ument is dedicated to all military personnel serving at stations on Oahu Hawaii during the Japanese attack, December 7, 1941. The monument consists of two pieces of grey granite with the base engraved with historical information about Pearl Harbor, consist- ing of U.S. casualties and a list of the 9 battleships lost or sustaining damage. The top piece is engraved with the Pearl Harbor Survivors Association logo and dedication information in red, white and blue. Submitted by Lauretta Dickey, Secretary PHSA NM Chapter 1 4'-#)" ]' .... ...--~- ; ... ~ iD t-~ I .. ~ t ~~ ~J~ _... .A...~ ~ ~ _J---~ L ." -- .- ~ ........ ....~ ____ J." ~.. ....... J_ ,. ~_.r--. .... -.. ..........- ~..,.,.... II .-....... '.... &Ala.... ........... ~ FRONT VIEW TOP VIEW """"" " ~ { ~ i i , ~ I i 1 t I i 1 I I i I j I I I ,".;.C ~jt';''""''''''C: it:O:ta ',<::In..!/), . .en i~ /-'age 1 2cj OCtober 2006 t:hr's Semper, ('it) ,>fCOITlUS Chnsii 1)2!rks Departmem . Fete,' Rabalais. fir PHS."'. (hapter Proposed 'Vlonwnnt for Pearl Harbor Survivors iD Sherrill Parl( nhnK "hi'.:. '(}f' ee1Jn~", \\H~: l,iS he l"drl Harb' Sur'i.;vor., in Chapttf 5 huve a goaL u ereCt at Sherrill Park a simple granite "'Uf(WT!t In eiTJeI~br ;nce (:1 the [\'eni5 '.J"-; Dee 1941 a1 Peari Harbor. . "" l' rcrf a '.om oitmen IQ .he fiiJilncing \~!,.: know the app:-oxirnarc size and design (see 1( ;chm~nts 'Nc have the supplicrfrlUiider!installer ,'eady for the go-ahead, )/e hope to determine ',vith Y'Oll today a particular locatiDn at Sherrill Park which is suitable to imd subsequen'ly take appropriate steps to obtain City authorization to erect the monmnent. ne d\ c.'age aw of OLlO Snr'iv(,,'s in the mid-eighties, so we hope to see the monument in soon Ple3seTi~;e an' ~uestJ( ns. 211c!)!c:::.se advise Nhat y,:;j may require [i'om us to proceed. Thank '-or ','OUT L~~~r:' F;,b""" 'ht.~L)le Jai "r1)US~~-h(:Sl T e)<:as ;~4 i... 9:;:2-61-Jf~ ':; ;.'j~S ! ~: j" ' ~'c:en,' S C,'f\q.)!ly f'J!V " r~~ < - Illn'" IIIU) > o ~ ~ z ;;, ~ > " ~ .. " ~ :I m " ?' ~ " I~ 1m In 1-1 (fl I m ;0 ;0 >-< r r- -0 J> ;0 ^ m-l :J ' .0 OJ 5 3 ro n ro ......,: m 5' :J .0.0 5 /flm ro m ~, 3 n.o ro lJ'\ 0 0< ro ~ z o :;:lJ --' I OJ o C Z C fJ) I o :;:lJ fT1 r Z fT1 OJ r < C ~ N---> S,CC):PC:P ' , . ~,O ::;" :::J ~ 'lJ ~ -< --I ::;:; CT 0 If)::J ~ < <: Z o^ CD \LJ Q l' (D - -1 -< xo.._O 1 . =:N' o ~ () n' () (J) Ul<::;::~oooOJ-u::;::g ro'O ill 0 ~ ~ (D (D 0 ,--t-1......... ~ c2 0 1 <: :J .........,--t- 0 o' 1 1 -< ooN 'lJ- -(Do =J ::J ~ Cl O~ =J I::J -, '-...... 2S ~ :3' 0 If) < < ---l '-J 1 1 ::J (!) (1) CD GJo.. OJO'([),--t- ,--t- ~ _.0 1 CD (1)0 I 1'" 11 0 :3 =...:0 o _ ~ -. 0 -:J ~ Cf),--t- :J 0 ~ ~ :3 to ~ :yC o 0 :3,--t- '< r:~ .=~~ , =.=: .... KIN~EY ST .,.----- r-.== ~r- I I I .L [11 ::::0 ::::0 I' r' OJ . U :P ::::0 ~ I ~ .--_~ 1 !'~\\ t-~U1" "1,,,(')'\ I ^!()~I I . L--J----; : I I (,J · .......! I \... N ! I ' ~, ,!Ll! ,~=~/ I ,-,_.,,~ I J) :r: <:: C ):> <:: ~u ::0 ::::0 :E 0 ::::0 <OJ-~O <O\JI.-LJ O::::O[Tl~O ::0 ):>rrJ ~n :;;u z Lf) _-1f11 D ~, I I ':==:= _ ~ ~I c-~ __ . --=~.__ . I ---------------.--- ---- --. ' ~==~~ // ' COO~(F S\ .--,/ --." -_.- ---- . ------- \ / "-', J) Ul-t:::- !J ~ ::J: g ~ tj ~ / $ j:!j ~ f'r} rS7 t5 (/) (') )> :z~ ~ ~ A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT THE DONATION OF A MONUMENT COMMEMORATING THE WWII PEARL HARBOR SURVIVORS FROM CORPUS CHRISTI BY INST ALLLlNG A MONUMENT IN SHERRILL PARK BI IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SICTION 1. The City Manager or designee is authorized to accept the donation of a monument commemorating the WWII Pearl Harbor Survivors from Corpus Christi by installing a monument in Sherrill Park INfRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the day of ~__ , 2006. ATTEST: CITY OF CORPUS CHRISTI Al1T1ando Chapa, City Secretary Henry Garrett, Mayor APPROVED: 6 November, 2006 Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney C'\DOCUME-1 \kristinc\LOCALS-1; Temp\06, 11 06DC.Commemo,ratingMo,nument.WWIIPea,r1Harbo.rSurviv,orsCC.sherriI.lPark._1.do ...... Corpus Christi, Texas . Day of .. , 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E Marez Jesse Noyola Mark Scott C:\DQCUME-1 \kristinc\LOCALS-1 \ T emp\06.11 06DC. Commemo.ratingMo.numentWWIIPea.r1Harbo.rSurviv.orsCC.SherriI.lPark._1.do 9 ~.....,.,,- CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 14. 2006 AGENDA ITEM: \1otioo authorizing the City Manager or his designee to execute a professional services contract with friStern, Ltd., to conduct an audit and study of prior electric utility billings (including street light bills) billed to the City to determine whether amounts paid by City were correct. ISSUE: The City, as a member of the South Texas Aggregate Project, Inc. (8T AP), was presented with a proposal from Tri8tem, Inc. to conduct audits of the City's prior electric and street light billings to determine if the bIllinas were accurate, the rates and tariffs charged were correct, and the proper type and wattage of bulbs and type of pole were reflected on the City's bills. TriStem, Inc. will analyze the bills, isolate any errors or overcharges, and then work with the utility provider to obtain any refunds, credits, and savings that are due the City. The fee will be based upon a percentage ofthe recovery of retroactive over-billings. Tri8tem's standard contract calls for TriStem to receive 49 percent of the retroactive recovery. TriStem has committed that if enough 81'A1' members participate, the recovery fee will be lowered to 39 percent. fhrough communications with other ST AP members, the City has determined that sufficient participation will be achieved in order to negotiate the lower recovery fee. REQUIRED COUNCIL ACTION: Approval of the motion authorizing the City Manager to execute a contract with TriStem, Ltd. CONCLUSION AND RECOMMENDATION: Staffrecommends that the motion authorizing the City Manager or his designee to execute a professional services contract with TriStem, Ltd., to conduct an audit and study of prior electric utility billings (including street light bills) billed to the City to determine whether amounts paid by City were correct be approved. ~ (J.L~ Cindy O'Brien ') Director of Financial Services A ttaclunents: Contract CONTRACT FOR PROFESSIONAL SERVICES STATE OF TEXAS ~ ~KNOW ALL MEN BY THESE PRESENTS: CITY OF CORPUS CHRISTI ~ THIS CONTRACT FOR PROFESSIONAL SERVICES (this "Contract") is made on November 3,2006, by and between the CITY OF CORPUS CHRISTI, TEXAS (the "City"), and TRISTEM, LTD., a Texas limited liability corporation, with its principal office located in Hewitt, Texas (the "Contractor"). The initial addresses of the parties are as follows: CITY CONTRACTOR The City of Corpus ChriStl Fiaancial Services Division 1201 Leopard Street, 4th. Floor Corpus Christi, Texas 78401-2825 TriStem, Ltd. 328 Ivy Lane Hewitt, Texas 76643 W ! T N E ~ ~ E T H: WHEREAS, the City desires to secure the performance of professional services of the hiahest quality by trained, skilled personnel; and WHEREAS, the Contractor desires to provide such services in exchange for the fees hereinafter specified; NOW, THEREFORE, for and in consideration of the premises and mutual covenants herein contained, and other valuable consideration, the parties hereto agree as follows: ARTICLE I. DEFINITIONS Section 1.01. Me:.tDinfls of Words and Terms. As used in this Contract, the following words and terms shall have the respective indicated meanings: 'Account" means electric utility account "City" means the City of Corpus Christi, Texas. "Contractor" means the entity designated as such in the introduction of this Contract. "Force Majeure," as used herein, shall include, but not be limited to, acts of God, acts of the p.mlic enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, tires, storms, floods, washouts, tornadoes, hurricanes, arrests, and restraints of government and people, explosions, breakage or damage to machinery or equipment and any other inabilities of either palty, whether similar to those enumerated or otherwise, and not within the reasonable control of the party claiming such inability. "Payment" means the fee to be paid by the City to the Contractor for the Contractor's petformance of its duties under this Contract, computed in accordance with Section 5.02 hereof. "Project Manager" means the City Director of Financial Services, or her designee, who has the authority and responsibility of administering all aspects of this Contract on behalf of the City. Section 1.02. Miscellaneous Definitions. Words of the masculine gender shall be deemed and construed to be correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, singular terms used herein shall include the plural number should the context so require Section 1.03. Titles and Headinlls. The titles and headings ofthe articles and sections of this Contract have been inserted for convenience of reference only and are not to be considered a part hereof, and shall not in any way modify or restrict any of the terms or provisions hereof and shall never be considered or given any effect in construing this Contract or any provision hereof or in ascertaining intent, if any question of intent shall arise. ARTICLE II. SCOPE OF SERVICES Section 2.01. Basic Services. The Contractor shall conduct an audit and study of prior elactric utility billing (including street light bills) billed to the City to determine whether amounts paid by City were correct. The Contractor shall also inform City if there is a possibility that City can qualify for a more advantageous rate for future billing. The City Director of Financial Services shall have sole discretion in determining which bills are referred to Contractor for review. (A) Investillation. Upon receiving the Account information described in Section 3.01 (A), the Contractor shall, within six months of receiving the Account information, subject to receipt of necessary information from the electric utility service provider: { 11 Investigate each Account and determine if there was overpayment by the City with each said Account. (2) Provide to the City Project Manager a Research Report (the "Research Reportll) containing individual Accounts or a complete list of all Accounts researched by the Contractor for which the Contractor has identified potential overpayments by the City. -2- ..... I .3) Contractor will seek to obtain refunds for any past overbillings which Contractor determines have occurred. Any such refunds will be issued directly from the electric service provider to the City.. Section 2.02. Coordination of Services. The Contractor shall coordinate all ofits activities herein described with the City's representative, the Project Manager, or any of her designated representati ves Section 2.03. City IS Existine: Proe:rams. The Contractor hereby acknowledges that the City may have begun research into certain utility bills. The City shall identify to Contractor any such utility bills within the first two (2) weeks of this Contract. The Contractor acmowledges that the City has engaged Contractor to supplement and augment any existing reviews the City has in place and the City acknowledges that it desires to utilize the Contractor's services in such a manner so as to maximize the City's revenues. ARTICLE III. CITY DUTIES. DATA RECORDS. WORK PRODUCTS. ETC. Section 3.01. Certain Duties of the Citv. (A) City to Provide Access to Accounts. In addition to its other duties under this Contract, the City shall, to the extent permitted by law, provide access to all the data and records in its possession for each Account, and shall provide copies of any documents in its possession or control or available to it which are requested by the Contractor and are reasonably necessary for the Contractor to perform its duties under this Contract. (B) Post-Award Contract Meetine:. Upon execution ofthis Contract by all parties, the City will coordinate a post-award contract meeting with the Contractor and all designated management personnel representing the City under this Contract in order to fully explain all aspects of this Contract. (C) Proiect Manae:er's Assistance. The Project Manager shall assist the Contractor in its dealings with the City, including any of its departments or divisions. ARTICLE IV. INDEMNIFICATION AND INSURANCE Section 4.01. Indemnification. The Contractor agrees at all times to defend, indemnify and hold the City harmless from and against any alld all liabilities, losses or costs arising from claims for damages, or sllits for loss or damage, including without limitation, reasonable a.orney fees, which arise as a result of the performance of or failure to -3 ptoperly perform its duties under this Contract, whether such claims aft asserted before or after the termination of this Contract. Section 4.02. Insurance. During the term of this Contract, the Contractor shall carry and maintain the following insurance coverage with a company or companies satisfactory to the City, under policies of insurance that meet the requirements of the State of Texas. The City shall be named as an additional insured for all liability policies, with a waiver of subrogation on all applicable policies. Each of said policies shall provide that the City shall be given at least thirty (30) days prior written notice of change or cancellation. Such insurance coverage shall have the minimum limits of liability in not less than the following amounts: (A) Commercial General Liability, including commercial form, premises - operators, products/completed operations hazard, contractual insurance, independent contractors and personal injury: $1,000,000 Combined Single Limit ( B) Automobile Liability, including own~ non-owned or rented: $1,000,000 Combined Single LimIt C) Professional Liability, including errors and omissions: $1,000,000 Combined Single Limit tD) Workers Compensation with Employees Liability, which complies with the Texas Workers' Compensation Act: $100,000 ARTICLE v. PAYMENT Section 5.01. Limitation on Sources of Pav.eat. Any and all fees due to the Contractor for services rendered under this Contract shall be payable solely from overpayments that are received an4 collected by the City. The Contractor acknowledges and agrees that the City's liability for any and all payments hereunder shall be limited by this provision. !fthere are no refunds to City, there is no payment owed to Contractor. Section 5.02. Payment for Services. (A) Payment to Contractor. City agrees to pay Contractor forty-nine percent (49%) of any retimds City receives as a direct result of Contractor's services or audit process, or any part thereof. If South Texas Aggregation Project members agree to use Contractor's such that the combined population of the STAP member cities exceeds 500,000, City and Contractor have negotiated a reduced fee such that City agrees to pay Contractor thirty-nine (39%) of any refunds received as a result of Contractor's services. -4. (B) When Pavments Due. Payments are due to the Contractor monthly within thirty (30) days of receipt of refunds by the City, whether refund is in the form of cash, credit to accounts, in- kind contributions or any other form of payment or reimbursement. If future considerations are given in lieu of refunds, ('ontractor shall receive the same percentage of the value of the future considerations, as Contractor would have received from refunds obtained. ARTICLE VI. TERM AND TERMINATION Section 6.01. Term. This Contract shall be effective as of date of execution bv the City Manager or his desi~ee and shall continue for a primary term of twelve (12) months, ending on November 30, 2007. At the end of the primary term of this Contract, it may be renewed for a period of twelve (12) months at the discretion of the City Manager. The duties and obligations of the City to pay the Contractor any Payments earned prior to the termination of this Contract continue in full force and effect regardless of the termination of this Contract by either party. Section 6.02. Termination. Either party hereto may terminate this Contract with or without cause at any time by giving thirty (30) days prior written notice to the other party of its intent to tenninate this Contract. ARTICLE VII. MISCELLANEOUS PROVISIONS Section 7.01. Inde_ndent Contractor. The relationship between the Contractor and the City shall be that of an independent contractor. Section 7.02. Bus.en Structure and AssillDments. The Contractor may not delegate or aSllign any portion of this Contract without the prior written consent of the City. The Contractor may assign any portion of its earned Payments hereunder; provided, however, prior to any a.ignment thereof, the Contractor shall furnish reasonable proof of the assignment thereof by providing to the City a written notice containing the following information: (i) the name, address and telephone number of the Contractor with a clear reference to this Contract; (ii) the name, address and telephone number of the assignee; and (iii) the identity of the earned Payments to be assigned (such identity to be established by indicating the invoice number, task description and the amount of said Payment associated therewith being assigned). If reasonable proof, as described above, is not provided to the City, the City may continue to pay the Contractor. SectioD 7.03. Subeentractiol!. The Contractor may subcontract any part of its duties and oWigations to be performed hereunder only with the prior approval of the City to do so. All subcontractors and their employees shall be treated as if they were employees of the Contractor, except with regard to fees to be paid to said subcontractors. _ "')e ..... Section 7.04. Parties in Interest. This Contract shall not bestow any rights upon any third parties, but rather, shall inure to the benefit of and bind the City and the Contractor only. Section 7.05. Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements contained 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 or to enforce by any appropriate remedy and/or 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. Section 7.06. Applieable Laws. 1bis Contract shall be construed in accordance with, and shall be subject to the laws of the State of Texas, any ordinances, resolutions, or other similar enactments of the City of Corpus Christi, the laws of the UnIted States of America and all rules and regulations of any regulatory body or officer having j urisdiction over matters which are the subject of this Contract. Section 7.07. Notices. All notices required or permitted under this Contract 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 Services post office or receptacle with proper postage affixed (cC!lrtified mail, return receipt requested) addressed to the respective other party at the address prescribed in the introduction hereof or at such other address as the receiving party may have theretofore indicated by written notice to the sending party. Section 7.08. Force Maieure. In the event either party is rendered unable, wholly or in part, by Force Majeure to perform under this Contract, it is agreed that, upon such party's giving notice and full particulars of such Force Majeure in writing to the other party assoon as possible after the oceurrence of the cause relied upon, the obligations of the party giving such notice, to the extent it is affected by Force Majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability so caused as to the extent provided, but for no longer period. Such cause shall as far as possible be remedied with all reasonable dispatc h. Section 7.09. Approvals: Amendments. Approval by the City, Project Manager or by any otkr representative of the City, of any part of the services rendered by the Contractor under this Contract other than in accordance with the terms and provisions of this Contract shall not be construed to be a waiver of the Contractor's compliance with said terms and provisions or to es1ablish a standard of performance other than required by this Contract or by law. The Project Manager is not authorized to vary the terms and provisions of this Contract. The City Manager is authorized to execute written amendments to this Agreement on behalf of the City. Section 7.11. Remedies Cumulative. The rights and remedies contained in this Contract shall not be exclusive, but shall be cumulative of all other rights and remedies, now or hereafter existing, whether by statue, at law, or in equity; provided, however, that none of the parties to this Contract shall terminate it except in accordance with the provisions hereof. -6 Section 7.12. Rennsentations. The Contractor represents that it and its employees, agents and subcontractors are fully competent and qualified to perform all the service required to be performed under this Contract. The Contractor represents that it has experience in performing all of the services to be performed hereunder and these services shall be of the highest professional quality. Section 7.13. Personnel of Contractor. The Contractor shall replace any personnel assigned to provide services under this Contract who shall have been deemed to be unsuitable by the City. Section 7.14. Multinle Counterparts. This Contract may be executed in multiple counterparts, each of \\'hidl shall be regarded for all purposes as an original; and such counterpart sJ:a11 constitute but one and the same instrument. - ! ~ -- CONTRACTOR: TRISTEM, LTD.. ( ... . '/,,:../ BY:/Y~---___ N~: --'~~~~~ Tile: ('~.,.~ . ~ Date:LL~ /- ~u6. ______ '-, CITY OF CORPUS CHRISTI By:________ Gaorge K. Noe City Manager Date: Attest Armando Chapa City Secretary Approved as to Legal Form: _L~~_~~_~i,_)1) c'l By:t.-A V'- ,r4. -(.('-' Lisa-Aguilar - ff ---- Assistant City Attorney For City Attorney -8 10 ~.. .;.'-' ..'-= CITY COUNCIL AGENDA MEMORANDUM November 14, 2006 AGENDA ITEM: Motion authorizing the City Manager or his designee to extend the maintenance agreement for 12 months with Vista Solutions Group, Inc. of Round Rock, Texas in an amount not to exceed $26,208. Included in the maintenance agreement are the VisiFlow applications utilized by the Municipal Court, Finance, and Engineering Services Departments for electronic document archival and work flow routing. ISSUE: Software must be maintained to allow for upgrades, improvements and to ensure that is stays compatible with other systems. Vista Solutions Group, Inc. provided a quote for annual maintenance from August 1,2006 through July 31,2007 of the City of Corpus Christi's VisiFlow applications. This vendor qualifies as sole source support as they are the only vendor who maintains an interface between the Municipal Court Systems CSI and VisiFlow REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000. PREVIOUS COUNCIL ACTION: City Council authorized purchase of the VisiFlow application in March of 1998. Council last authorized the maintenance and support agreement renewal on 08/23/2005. FUNDING: Amount Budgeted Source of Funds $26.208 5210-40495-530230 CONCLUSION AND RECOMMENDATION: staff recommends approval of the motion as presented. e:o.El:~ Ogilvie F. Gericke Director of MIS Attachments: Exhibit A -Invoice # 060802CC1 Exhibit B - Invoice # 060802CC2 Exhibit C - VISTA SG AGREEMENT FOR SOFTWARE & SERVICES BACKGROUND INFORMATION The Municipal Court received permission from the Texas State Library and Archives Commission to store all Court data electronically. VisiFlow is the application that is used to do this. Vista Solutions Group, Inc. maintains the application and they created an interface between the VisiFlow database and the CSI program. This interface allows any employee at the Municipal Court to have access to all data relating to a defendant at the touch of a button rather than trying to gather data from a couple of different locations when assisting a customer. VisiFlow allows for the electronic routing of files and archival thereof. As a result of the improved efficiency at the Municipal Court this application is now being deployed city wide. Finance and Engineering Services already converted to VisiFlow and the Police Department has implemented projects in two divisions. Maintenance fees for the application have remained level since the last renewal. ..... ..,~. ista ~~ I' /, n . Ice Simplify Your Work..FLOW Remit to: Vi_ Solutions Group, Ine PO Box 1400 Georgetown, Texas 78626 Phone: 512-686-1364 Fax: 512-869-6282 Date: August 2, 2006 Invoice # 060802CC1 BiHto: City of Corpus Christi 120 N. Chaparral 2nd Floor Corpus Christi, Texas 78401 AtIn: Lani Trotter For: Annual VlSiFLOW Maintenance Description Quantity Unit Price Amount VisFLOWNisiFLOWcom, Full Text Search Software support and maintenance for August 1, 2006 through July 31 2007 $8,408.00 City Finance Department late fee of 2% per month will be added after 30 days. Total $8,408.00 1-----.__ ~ ,'- i~ta I.n. '.:~j ."', ~,.:":, l1Ifl 01 e Simplify Your Work..FLOW Remit to: VI_ Solutions Group, Inc P.O. Box 937 Round Rock, Texas 78680-6937 Phone 512-267.1821 Fax 512-287-1892 Date: August 2, 2006 Involce# 060802CC2 Bill to: City of Corpus Christi 120 N. Chaparral 2nd Floor Corpus Christl, Texas 78401 Attn: Lani Trotter For: Annual VislFLOW Maintenance Description Quantity Unit Price Amount VisIFLOW Software Support including FormsGen,lmport and TIFF Conversion Software modules beginning August 1, 2006 through $17,800.00 July 31, 2007 for the City Municipal Court Projects I Lllte fee of 2% per month will be added after 30 days. I I i i L Total $17,800.00 - vaSTA SOLUTIONS GROUP I INC. AGREEMENT FOR SOFTWARE & SERVICES This Master Agreement, effective as of August 1, 2006, is entered into by and between Vista Solutions Group, Inc ("VistaSG") and The City of Corpus Christi (the "Customer") located at 120 N Chaperral, Corpus Christi, Texas, 78401" VistaSG and Customer hereby agree as follows: This -Agreement" consists of the General Terms and Conditions, those Attachments listed below which are designated by Customer's initials (the "Attachments"), all schedules referenced herein or therein, and all attachments attached hereto or thereto. All references to "Agreement" shall include this signature page, the General Terms and Conditions and all such Attachments, schedules and exhibits which are indicated below. All future orders from Customer or any of its Affiliates to VistaSG shall be governed by the terms and conditions referenced herein, shall become effective upon acceptance by an authorized VistaSG employee and shall upon acceptance be deemed part of this A,greement. Attachments General Terms and Conditions Software Support (Schedule A) Professional Services Attachment Customer's Initials (Schedule B) This Agreement constitutes the entire agreement between the parties on the subject hereof and supel6edes all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral. This Agreement does not operate as an acceptance of any conflicting terms and conditions and shall prevail over any conflicting provision of any purchase order or any other Instrument of Customer. This Agreement may only be amended, modified, supplemented, or deviated from by a writing executed by an authorized VistaSG employee and Customer. By executing this Agreement, Customer acknowledges that it has reviewed the terms and conditions incorporated into this Agreement and agrees to be legally bound by the same. VISTA Solutions Group By. H. Jim Boyington, Jr Title: President City of Corpus Christi, Texas By: (Type or print name): Title: Date: Date: ......,..., Ge~1 Terms and Conditions 1 General. These General Terms and Conditions are intended to provide for terms that are common to the Software Support Attachment, the Professional Services Attachment, and any other attachments and schedules which incorporate these terms and conditions. Accordingly, in the case of any conflict between the General Terms and Conditions and any Attachment or schedule, the General Terms and Conditions shall control and govern, unless otherwise expressly stated to the contrary 2. Warranty. Software Warranty: The Customer has ordered Software and a Software License Attachment has been executed. Exigen Group, as the developer of VisiFLOW, warrants that the Software and media will perform substantially in accordance with documentation for a period of ninety (90) days from the delivery of the Software and media to Customer. Neither Exigen nor VistaSG warrants the Software to be error-free or operate without interruption. Customer's exclusive remedy for breach of this warranty shall be to notify VistaSG of the problem, in which event VistaSG shall, as authOrized contractor for Exigen, repair or replace the defective Software. Exigen, as developer of VisiFLOW, will provide the replacement Software to remedy the breach of warranty. Services Warranty: If the Customer has ordered Professional Services and the Professional Services Attachment has been executed, VistaSG warrants that Services provided under this Agreement will be performed in a professional and competent manner in conformance with industry standards Customer must report in writing any deficiencies within thirty (30) days of performance of the Services. For any breach of this Services Warranty, Customer's exclusive remedy and VistaSG's sole liability shall be re-performance of the Services. If VistaSG is unable to re-perform the Services, Customer shall be entitled to recover fees paid for the deficient Services. 3. DIsclaimer of Warranties. VISTASG MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR PARTICULAR PURPOSES OR REQUIREMENTS OF MERCHANTABILITY, WITH RESPECT TO THE SERVICES, SOFTWARE OR ANY PORTION THEREOF 4. limitations of Liability. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH SECTION 2, OR AS EXPRESSLY REQUIRED BY LAW AND NOT VALIDLY DISCLAIMED IN THIS AGREEMENT, VISTASG SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CLAIMED TO HAVE RESULTED FROM THE USE, OPERATION OR PERFORMANCE OF THE SOFTWARE, THE MAINTENANCE SERVICES, THE PROFESSIONAL SERVICES, AND ANY OTHER PRODUCTS OR SERVICES PROVIDED IN THIS AGREEMENT (COLLECTIVELY IN THIS AGREEMENT, THE "PRODUCTS"), REGARDLESS OF THE FORM OF ACTION. IN NO EVENT SHALL VIST ASG BE LIABLE TO CUSTOMER FOR (A) ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF VISTASG HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, (B) ANY DAMAGES RESULTING FROM LATENT DEFECTS, LOSS OF DATA OR PROFITS, OR (C) ANY ACTUAL DAMAGES (EXCEPT DAMAGES RESULTING FROM GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT) IN EXCESS OF THE FEES PAID BY CUSTOMER UNDER THE RELEVANT ORDER AND IF SUCH DAMAGES RESULT FROM CUSTOMER'S USE OF THE SOFTWARE OR THE PROVISION OF SERVICES, SUCH LIABILITY SHALL BE LIMITED TO FEES PAID FOR THE RELEVANT SOFTWARE OR SERVICES GIVING RISE TO THE LIABILITY CUSTOMER AGREES THAT NO REPRESENTATION, WARRANTY, PROMISE OR AGREEMENT Of ANY VISTASG REPRESENTATIVE SHALL BE BINDING ON VISTASG UNLESS IT IS EXPRESSLY INCLUDED IN THIS AGREEMENT. EACH PARTY AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL BARGAINED FOR BASES AND WERE CONSIDERED PRIOR TO ENTERING INTO THIS AGREEMENT. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN VISTASG AND CUSTOMER. VISTASG'S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. The DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY set forth above produce specific legal rights. Customer may have other rights which vary from state to state. Some states have laws which require warranty and liability rights different from those set forth in this Agreement 5. P.yment Terms. Unless otherwise expressly set forth in an Attachment executed by both parties, all amounts shall be paid within thirty (30) days of receipt of invoice. VistaSG may charge interest on overdue accounts and any other fees and expenses not paid as provided hereunder at the rate of three PERCENT (3%) per month or maximum allowed under Texas law, whichever is less, commencing with the date payment was due. 6. r.rmination. Notwithstanding any other term or condition of this Agreement, VistaSG shall have the right to terminate this Agreement upon the occurrence of any of the following events, and any such events are not remedied to the reasonable satisfaction of VistaSG within twenty (20) days after VistaSG has sent written notice to Customer thereof: (A) Customer fails to perform or observe any of its obligations to VistaSG under this Agreement, including, but not limited to, the timely payment of any sums due VistaSG, (B) Customer admits in writing its inability to pay its debts generally as they become due, or executes an assignment or similar document for the benefit of creditors, (C) the appointment of a receiver, trustee in bankruptcy or similar officer for the equity or assets of Customer, and (D) there is an assignment of this Agreement without the prior written consent of VistaSG; (E) Customer informs VistaSG of its intent not to comply with the terms of this Agreement 7, CCNlfide ntia I Information. Certain information, product development plans, methods, techniques, drawings, processes, or portions thereof supplied by one party (the "Disclosing Party") are trade secrets and Confidential Information ("Confidential Information") of the Disclosing Party. The Software and the documentation thereof, is the Confidential Information of VistaSG or its suppliers and are furnished solely to assist Customer in the use of the Software. Confidential Information includes any non-public Information that is of value to the Disclosing Party or is otherwise treated as confidential and which is disclosed to the other party (the "Receiving Party"). The Receiving Party agrees to hold the Confidential Information disclosed by the Disclosing Party in strictest confidence and not to, dIrectly or indirectly, copy, distribute, or otherwise disclose the Confidential Information to any third party. The Receiving Party shall not utilize the Confidential Information for any purpose whatsoever other than as expressly contemplated by this Agreement or any Attachment. This obligation shall continue for the term of the applicable Attachment and for a period of three years thereafter or such longer period of time as permitted by law. Because of the unique and proprietary nature of Confidential Information, the Receiving Party acknowledges that use or disclosure of Confidential Information would cause irreparable harm to the Disclosing Party. ACCOrdingly, the parties agree that in such an event, any remedies at law for a breach will be Inadequate and therefore, the Disclosing Party shall be entitled to seek equitable relief to protect its interests, as well as money damages. Both parties recognize that disclosure of information may be required under Texas Public Information Act, Chapter 552, Texas Government Code, as amended - 8. Rlscellaneous. · CUstomer may not assign any of its rights or obligations hereunder except with VistaSG's prior written consent, and any attempted assignment shall be void. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns · Any Services acquired by Customer from VistaSG are deemed to have been procured in accordance with Texas law separately from any Software licenses granted under this Agreement, with Customer having the right to acquire such Services and Software licenses without acquiring the other · AU rights and remedies of the parties hereto are separate and cumulative. The waiver or failure of either party to exercise In any respect any right or remedy provided herein shall not be deemed a waiver of any further right or remedy hereunder. · Except for the obligation to make payments, nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the control and not caused by the negligence of the nonperforming party. . · This Agreement shall be subject to, governed by, and construed in accordance with the laws of the state of Texas without regard to its rules governing conflicts of law and without regard to the United Nations Convention on Contracts for the International Sale of Goods. Venue for any action under this Agreement shall be in the Courts of Nueces County, Texas. · Notices hereunder shall be sent to the addressees on the face of this Agreement, or to such other addresses as specified by a notice complying herewith, and shall be deemed received upon actual receipt (or independent confirmation thereof). · Headings contained in this Agreement are for convenience only and are not part of this Agreement and do not in any way interpret. limit or amplify the scope, extent or intent of this Agreement or any of the provisions hereof . Sc~uIe A S~.. Support Attachment This Software Support Attachment (hereinafter "Support Attachment") between VistaSG and Cllstomer is an addendum to the Master Agreement between VistaSG and Customer. Customer aGrees to the following terms and conditions which are incorporated in and made part of the Mester Agreement. The parties acknowledge that the General Terms and Conditions contain provisions that govern the entire relationship between the parties. Accordingly, in the event of any conflict between the General Terms and Conditions and this Support Attachment, the General Terms and Conditions shall control and govern VistaSG agrees to provide to Customer the "Support Services" described below for the software for which software support services are elected (the "Covered Software"), in accordance with the following terms and conditions: 1, smtware Support Services. A. Hours of Service Availability. Payment of the standard Support Fees (as defined in Section 5.A) entitles Customer to Support Services during the Principal Period of Maintenance (PPM). PPM is 10 hours a day, five days a week while this Support Attachment is in effect. The hours of immediate availablility are from 7am CST to 5 pm CST B. Scope of Service. VistaSG will provide Support Services during the PPM as long as the Covered Software is at the current or the next most current revision level and operated in accordance with VistaSG's published specifications. Support Services are (1) telephone support to help resolve software failures during the PPM; resolution may be delivered as a Software Maintenance Update (SMU), software bug fix module or workarounds; (2) commercially reasonable efforts to report and test fixes to defects in the Covered Software that materially and adversely affect the efficiency or use of the Covered Software as described in VistaSG's written specifications; software program fixes will be provided for the current release only; and (3) delivery and installation of all software revisions provided by vendors that VistaSG deems necessary with respect to the Covered Software; and VistaSG will use its reasonable efforts to render Support Services within a reasonable time. C. Upgrades to Covered Software. During the PPM, VistaSG agrees to deliver to Customer without charge any upgrades containing error corrections or enhancements of the Covered Software ("Upgrades"). VistaSG may also offer to Customer new versions of the Covered Software which contain additional functionality, subject to an additional license fee. Support Services do include installation or implementation of any Upgrades This would not include installation and training for newly purchased modules D. Service Limitations. Support Services are contingent upon the proper use of the Covered Software in accordance with VistaSG's published specifications and do not include any of the following, in the sole discretion or determination of VistaSG: (1) service on Covered Software installed in unsafe or hazardous environments; (2) service required by accident, neglect, alterations, improper use, or misuse of the Covered Software, or as necessitated by service or modifications attempted by non-VistaSG personnel; (3\, service to a version other than the current or the next most current version of the Covered Software; (4) efforts to restore the software version and/or data beyond the most recent back-up; (5) service related to software (or components thereof) other than the Covered Software; (6) service related to unqualified products, either hardware or software, that are attached or installed in or to the Covered Software that have not been previously approved by VistaSG; (7) service due to problems that are not directly caused by, or the direct result of the Covered Software, including failure of hardware or failure of Customer's operating system; or (8) service due to problems attributable to third party hardware and/or software. E Notwithstanding anything to the contrary contained in this Support Attachment, during the PPM, VistaSG shall use commercially reasonable efforts to respond to problems in accordance with the "Priority Codes" set forth below. The Priority Codes below depict the priority level to be assigned by VistaSG to each issue or problem phoned in by Customer "A Prioritv" - A Software error renders the Software inoperable. Resources assigned within two (2) hours after notice during PPM. "B Prioritv" A Software error is detected for a system module which seriously impairs system operations, but does not render it inoperable. Resources assigned within four (4) hours after notice during PPM. "e Prioritv" - Minor problems which VistaSG does not plan to address in a future software release, to be generally resolved during PPM within 30 days. "0 Prioritv" - Minor problems which VistaSG plans, or will plan to incorporate into a future software release, to be resolved in connection with the general commercial availability of such future software release. 2. Customer's Responsibilities. Customer shall provide reasonable assistance to VistaSG in the performance of Support Services, including without limitation, providing VistaSG copies of all data and other files reasonably required to verify, reproduce, diagnose and resolve reported problems. Customer is responsible for maintenance and installation of any common carrier equipment or communication services related to or used by the Covered Software and not furnished by VistaSG, including without limitation the capibilty for VistaSG to use Microsoft Live-Meeting for remote access. Customer is responsible for charges incurred for communication facilities from Customer's facilities, whether incurred by Customer or by VistaSG's service representatives while performing service on the Covered Software. Customer is responsible for performing all system software backups and restoration of data. Customer is responsible for upgrading Customer's operating environment in the event that failure to do so affects the performance of the Software. Customer shall notify VlstaSG of any Covered Software failure and shall allow VistaSG full and free access to the Covered Software for performing Support Services. Customer agrees that VistaSG shall have all rights and licenses of third parties necessary or appropriate for VistaSG to access the hardware and third party software in the performance of the Support Services. VistaSG shall not be responsible for loss of use arising from Customer's failure to fulfil its obligations under this Section 3. _.rations, Additions or Modifications. VistaSG will not be responsible to Customer for loss of use of the Covered Software or for any other liabilities arising from alterations, additions or modifications which are made to the Covered Software by other than authorized service representatives of VistaSG. If in the opinion of VistaSG, any such alteration, addition or modification adversely affects VistaSG's ability to render Support Services, VistaSG reserves the right to terminate this Support Attachment immediately upon written notice to Customer. 4 Term and Applicability to Other Attachments with VistaSG If this Support Attachment first goes into effect at any time other than its initial purchase, the initial term shall commence on the date of 1] signing of this Support Attachment. The term of service for upgrades and other software added as Covered Software shall be coterminous with the term of service applicable to the Covered Software initially covered After the initial term, Support Services shall be automatically renewed for successive one (1) year periods unless either party notifies the other on or before ninety (90) days prior to the end of the then existing term. S Support Fees A Definition. "Support Fees" are the total annual charges designated as such on Schedule A during the initial term. Support Fees cover Support Services performed at VistaSG's facilities. Expenses for onsite maintenance will be billed separately from annual fees. After the initial term and upon forty-five (45) days written notice, VistaSG may increase the Support Fees by 3% or to its standard support fees then in effect If Customer does not terminate service, the new Support Fees shall become effective on the date specified in the notice. S Invoices. Support Fees shall first come due upon the commencement of the initial term as provided In Section 4 above. Support Fees for renewal terms shall be payable annually in U.S. Dollars, in advance on or before the anniversary of the Software Support Agreement of each year. One-time charges will be invoiced by VistaSG as incurred. Partial year invoicing will be prorated on the basis of twelve thirty-day (30- day) months. Customer shall pay each Support Fee and all other invoice charges in full within thirty (30) days of the applicable invoice date. C Default. Customer shall be deemed to have defaulted in payment if it has not paid VistaSG all amounts due within thirty (30) days after receipt of each applicable invoice. Customer's failure to pay any charges when due shall also constitute sufficient cause for VistaSG to suspend or terminate Support Services under this Agreement. Sch_. B ~nal Services Attachment This Professional Services Attachment, between VistaSG and Customer is an addendum to the Mester Agreement between VistaSG and Customer Customer agrees to the following terms and conditions which are incorporated in and made a part of the Master Agreement. The parties acknowledge that the General Terms and Conditions contain provisions that govern the entire relationship between the parties. Accordingly, in the event of any conflict between the General Terms and Conditions and this Services Attachment, the General Terms and Conditions shall control and govern 1. Services A. Prior to commencing any Services, the Customer and VistaSG must agree to and execute a Statement of Work. Each time Customer desires to engage VistaSG to provide additional Professional Services to Customer, the parties will enter into another mutually agreed upon Statement of Work which is incorporated into the initial Statement of Work. The Statement of Work (as amended or supplemented from time to time) will at a minimum: (i) describe the specific Professional Services that VistaSG is to provide to Customer under that engagement, (ii) set forth the fees that Customer agrees to pay for those Professional Services and the manner in which Customer agrees to pay those fees, (iii) set forth the time frame for performance of those Professional Services, and (iv) incorporate by reference the terms and conditions of this Services Attachment (which terms and conditions are hereby deemed Incorporated notwithstanding the parties' failure to do so). B. Hours of Service: The VistaSG consultant will perform Professional Services during the hours of 9:00 am and 5:00 pm., local time, Monday through Friday, excluding VistaSG holidays, or at such other hours as the parties may mutually agree to. This represents a different Hours of Service than the Hours of immediate assistance provided by the VistaSG Help Desk. C. Should an VistaSG consultant be unable to perform the Professional Services under this Services Attachment because of illness, resignation or other causes beyond VistaSG's control, VistaSG will attempt to replace such consultant within a reasonable time, but VistaSG shall not be liable for failure to replace such consultant within the schedule. D. Customer shall furnish VistaSG, at Customer's expense, all technical data and information as may be determined by VistaSG to be necessary for the performance of the Professional Services. Customer shall grant VistaSG access to any software or hardware at such times and as so configured as may be required for the adequate performance of the Professional Services. Customer agrees that VistaSG shall have all rights and licenses of third parties necessary or appropriate for VistaSG to access any hardware and software in the performance of the Professional Services Customer agrees that any hardware or software that the customer uses can also be used by VistaSG at customers expense. 2. Charges. Customer agrees to pay fees for the Services as provided on the Statement of Work. The Services are provided on a time and materials basis meaning that Customer shall pay VistaSG for all time spent performing the Services, plus materials, taxes and reasonable expenses. Any estimate related to the Services are intended to be an estimate for budgetary and scheduling purposes only and does include reasonable expenses or taxes. However, Customer is not obligated to pay fees in excess of estimate stated in Statement of Work, without prior written .'j approval of Customer Director of Municipal Information Services. Fixed bid services are exempt from the above terms. All charges and rates are exclusive of all sales, use and like taxes. Such taxes are the responsibility of Customer and, if incurred by VistaSG on Customer's behalf, will be billed to Customer as a separate line item on each invoice. 3. Control and Supervision. It is the express intention of the parties that VistaSG (including, but not limited to, its employees and representatives) is an independent contractor and not an employee, agent. or partner of Customer. Nothing in this Agreement shall be interpreted as creating the relationship of employer and employee between VistaSG and Customer. 4. Ownership of Work Product. VistaSG shall retain all copyrights, patent rights and other intellectual property rights to all material created for Customer under this Services Attachment. including, but not limited to, software and documentation (collectively referred to as "Work Product"). VistaSG, subject to the payment by Customer of all charges related to the Professional Services, grants to Customer a personal, non-exclusive, non-transferable and royalty free license to use such Work Product furnished to Customer by VistaSG under this Services Attachment. All other software and related documentation furnished to Customer by VistaSG shall be subject to the Agreement. Except and to the extent expressly provided in this Paragraph, no license or other right is hereby transferred or granted to Customer, including any license by implication, estoppel or otherwise, under any patent, trade secret, trademark, copyright or other intellectual property right. 5. VistaSG Personnel. The parties recognize that VistaSG (and its employees and representatives) may perform services similar to the Professional Services from time to time for other parties. Accordingly, nothing in this Services Attachment (or the Agreement) shall prevent VistaSG from performing such similar services or restrict VistaSG's use of the same employee(s) and representative(s) provided to Customer. VistaSG reserves the sole right to determine each assignment of VistaSG personnel under this Agreement or otherwise. Customer acknowledges and agrees that VistaSG employees are a valuable asset and difficult to replace. Accordingly, Customer agrees that, for a period of one year after the completion of the Services, it will not offer employment to any VistaSG employee involved in the provision of the Services. 6. Term. ThiS Services Attachment shall become effective on the date of acceptance by VistaSG and shall remain In force until terminated with thirty (30) days prior written notice. Completion of any Services. any ordered Services or the absence of orders for Services shall not terminate this Services Attachment, it being the intent of the parties to keep this Services Attachment in effect in the event of future orders for Services. (.1 ......... -.-- 11 .~."..,"-,. CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 14,2006 AGENOA ITEMS: (A) Ordinance authorizing the City Manager, or his designee, to execute a short-term lease agreement, not to exceed one (1) year, with Chet Rasberry in consideration of lessee's making improvements to the leased structures of a minimum value of $50,000 and an annual rental fee of $0.17 per square foot, subject to scheduled increa_, to operate a helicopter maintenance facility and helicopter charter operations on 91,250 square feet of land and improvements located at Corpus Christi International Airport; and declaring an emergency. (B) Ordinance authorizing the City Manager, or his designee, to execute a twenty (20) year lease agreement with Chet Resberry in consideration of lessee's making improvements to the leased structures of a minimum value of $50,000 and an annual rental fee of $0.17 per square foot, subject to scheduled increases, to operate a helicopter maintel"lance facility and helicopter charter operations on 91,250 square feet of land and improvements located at Corpus Christi International Airport; providing for publication. ISSUE: Staff has undertaken various business development initiatives to diversify and increase revenue sources for Airport operations One of the initiatives has been to encourage new tenants to locate on Airport property. Staff has negotiated a lease agreement with Chet Rasberry for the location of a helicopter repair facility and related services at Corpus Christi International Airport. REQUIRED COUNCIL ACTION: Council approval is required on all Ordinances and lease agreements. PREVIOUS COUNCIL ACTION: No previous action has been taken FUNDItIG: None CONCt..USION AND RECOMMENDATION: Staff recommends approval of the ordinances as presented. &~ --f.(..---J-. / /. '<1-- 0 , Director of Aviation Attachments: None BACKGROUND INFORMATION Airport Staff has negotiated a lease with Mr. Chet Rasberry for location of a helicopter repair facility and charter services at Corpus Christi International Airport. The agreement is for the "old" Air Logistics building and land that has been vacant for 10 years. The lease agreement requires an annual payment of $15,512 for Years 1 through 3 of the lease based on $.17 per square foot with rate increases in subsequent years up to a maximum of $.30 per square foot in Years 19 & 20 of the agreement. The payment is based on 91,250 square feet of land area. In addition, Mr. Rasberry will fund approximately $50,000 in improvements to the building within 120 days of the effective date of the lease. Improvements include a new HVAC system and roof improvements. Mr.. Ra8berry IS relocating operations from California where he has owned and operated Aviation International Rotors Inc. The firm primarily specializes in mechanical overhauls and painting services for helicopters and helicopter components. Mr. Rasberry also plans on providing demand helicopter charter services As a result of an accelerated construction tlmeline, a short-term as well as long-term lease is required to allow work immediately after Council approval of lease. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A SHORT TERM LEASE AGREEMENT, NOT TO EXCEED ONE (1) YEAR, WITH CHET RASBERRY, IN CONSIDERATION OF LESSEE'S MAKING IMPROVEMENTS TO THE LEASED STRUCTURES OF A MINIMUM VALUE OF $50,000 AND AN ANNUAL RENTAL FEE OF $0.17 PER SQUARE FOOT, TO OPERATE A HELICOPTER MAINTENANCE FACILITY AND HELICOPTER CHARTER OPERATION ON 91,250 SQUARE FEET OF LAND AND IMPROVEMENTS LOCATED AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi and Chet Rasberry desire to enter into a written lease for approximately 91, 250 square feet of land which includes building and hangar improvements and vehicle parking areas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a short-term lease agreement, not to exceed one (1) year, with Chet Rasberry in consideration of leSlee's making improvements to the leased structures of a minimum value of $50,000 and an annual rental fee of $0.17 per square foot, to operate a helicopter maintenance facility and helicopter charter operation on 91,250 square feet of land and improvements located at Corpus Christi International Airport. The Lease Agreement shall be in substantially the same format and content as attached in Exhibit "A". SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the 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 this the day of , 2006. ATTEST: THE CITY OF CORPUS CHRISTI .-..~ Armando Chapa City Secretary APPROVED AT TO FORM: November ~~lv'- Assistant City Attorney F or City Attorney Henry Garrett Mayor ~_, 2006 ~ Corpus Christi, Texas ___ day of _,2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth In the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and \loting upon ordinances at two regular meetings: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Broot Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A TWENTY (20) YEAR LEASE AGREEMENT WITH CHET RASBERRY, IN CONSIDERATION OF LESSEE'S MAKING IMPROVEMENTS TO THE LEASED STRUCTURES OF A MINIMUM VALUE OF $50,000 AND AN ANNUAL RENTAL FEE OF $0.17 PER SQUARE FOOT, SUBJECT TO SCHEDULED INCREASES, TO OPERATE A HELICOPTER MAINTENANCE FACILITY AND HELICOPTER CHARTER OPERATION ON 91,250 SQUARE FEET OF LAND AND IMPROVEMENTS LOCATED AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Corpus Christi and Chet Rasberry desire to enter into a written lease for approximately 91, 250 square feet of land which includes building and hangar improvements and vehicle parking areas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a twenty (20) year lease agreement with Chet Rasberry, in consideration of Lessee's making Improvements to the leased structures of a minimum value of $50,000 and an annual rental fee of $0.17 per square foot, subject to scheduled increases, to operate a helicopter maintenance facility and helicopter charter operation on 91,250 square feet of land and Improvements located at Corpus Christi International Airport. The Lease Agreement shall be in substantially the same format and content as attached in Exhibit "A". SECTION 2. Publication will be made in the official publication ofthe City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the __ day of ____, 2006, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia That the foregoing ordinance was read for the second time and passed finally on this the __ day of ,2006, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia APPROVED AND PASSED on this ____ day of ,2006 AnEST: Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED AS TO FORM: November ~, 2006 BY:~~ Assistant City Attorney For City Attorney liilIlI!IJl'"- .';'- 12 <"'IlIIfIIl"'o"'<........... CITY COUNCIL AGENDA MEMORANDUM November 14, 2006 AGENDA ITEM: Ordinance amending Ordinance No. 027017 ordering a general election to be held on April 14, 2007, in the City of Corpus Christi for the election of Mayor and eight Council Members to include an election for the continuation of the Crime Control and Prevention District and sales tax for 10 years ISSUE: Whether Ordinance 027017 calling the regular City election should be amended to include calling a special election for the continuation of the Crime Control and Prevention District and sales tax. RIQUIRED COUNCIL ACTION: Adoption of proposed ordinance. PFEVlOUS COUNCIL ACTIONS: N/A. FUNDING: N/A. RICOMMENDATION AND CONCLUSION: Staff recommends Council adopt the proposed amendment. (d>~s.~ Armando Chapa City Secretary BACKGROUND INFORMATION Ordinance 027017 called Saturday, April 14, 2007, as the general election date for Mayor and Council Members. The Crime Control and Prevention District Board has called a referendum to determine whether the District and tax supporting the Crime Control and Prevention District should be continued for 10 years The District and tax may be continued if it is approved by a majority of qualified voters in an election called for that purpose. The election continuing the Crime Control and Prevention District and sales tax may be held on the same date as the general election for the City. In order to accomplish holding the Crime Control and Prevention District election with the regular election, Ordinance 027017 should be amended to call the election. Page 1 of 3 AN ORDINANCE AMENDING ORDINANCE 027017 ORDERING A GENERAL ELECTION TO BE HELD ON APRIL 14, 2007, IN THE CITY OF CORPUS CHRISTI FOR THE ELECTION OF MAYOR AND EIGHT COUNCIL MEMBERS TO INCLUDE AN ELECTION FOR THE CONTINUATION OF THE CRIME CONTROL AND PREVENTION DISTRICT AND SALES TAX FOR 10 YEARS WHEREAS, the City Council, by Ordinance 020717 ordered a general election to be held on April 14, 2007, making necessary provisions for holding said election; WHEREAS, the Corpus Christi Crime Control and Prevention District was created by successful referendum on November 4, 1997, and continued by successful referendum on November 5,2002; WHEREAS, Texas Local Government Code, Section 363.251, provides that the Crime Control and Prevention District Board may call a continuation referendum not earlier than the third anniversary of the date of the most recent continuation election, and Section 363.2515, proVides that the Board may specify the number of years for which a district and sales tax should be continued; WHEREAS, the Corpus Christi Crime Control and Prevention District Board has called a continuation referendum for April 14, 2007. and WHEREAS, the public IS served by holding the Crime Control and Prevention District election jointly with the City's general election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SICTION 1. Section 1 of Ordinance 027017 is amended to read as follows: SECTION 1. A regular City election (hereinafter "the Election") for a Mayor and eight Council Members and an election for the continuation of the Corpus Christi Crime Control and Prevention District and the crime control and prevention district sales tax for a period of 10 years shall be held in the City of Corpus Christi, Texas on the second Saturday in April, 2007 (April 14). seCTION 2. Section 3 of Ordinance 020717 is amended to read as follows: SECTION 3. The names of candidates for the office of Mayor and the names of candidates for the office of the City Council members shall be placed on said ballot in the manner and form prescribed by law. C :\DOCU ME-1 \user. OOO\LOCAl. 8-1 \ T emp\CCPDSpecialElection2007 .1.doc Page 2 of 3 At the Election. the voters shall be presented with the followina proposition (in Enalish and Spanish) in the form prescribed bv the Texas Election Code: Ballot Lanauaae: PROPOSITION NO.1 FOR AGAINST WHETHER THE CORPUS CHRISTI CRIME CONTROL AND PREVENTION DISTRICT SHOULD BE CONTINUED FOR 10 YEARS AND THE CRIME CONTROL AND PREVENTION DISTRICT SALES TAX SHOULD BE CONTINUED FOR 10 YEARS. C:\DOCUME-1 \user.OOO\LOCALS-1 \Temp\CCPDSpeciaIElection2007 .1.doc Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the _ day of_, 2006, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott BiD Kelly That the foregoing ordinance was read for the second time and passed finally on this the ___ day of___ _______, 2006 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott BiD Kelly PASSED AND APPROVED, this the__ day of ,2006. ATTEST. Armando Chapa City Secretary Henry Garrett Mayor APPROVED: November 8, 2006. Gary W. Smith ASlSistant City Attorney for City Attorney C:\DOCU ME-1 \user,OOO\LOCALS-1 \ Temp\CCPDSpecialElection2007 .1.doc 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 14,2006 SUBJECT: CCIA Terminal Chiller Replacement - Project NO.1 0008 A8ENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $703,900 with Malek, Inc. of Corpus Christi, Texas for the Corpus Christi International Airport Terminal Chiller Replacement 2006 project. ISSUE: The current chillers are legacy gas absorption chillers that failed in May 2006 and must be reJ)laced FUNDING: Funding for this project is available from the Airport Capital Fund. CONCLUSION AND RECOMMENDATION: Approval of the motion is recommended as presented. ,. ~~~,. \1JfZDave Hamrick . Director of Aviation I-- II ~ , ngel R. Escobar, P. E., Director of Engineering Services Attachments: Exhibit "A" Background Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H .\HOME\KEVINS\GEN\AIR_restored\ChillerReplacement2006\AwdMemo, DOC BACKGROUND INFORMATION ADDITIONAL INFORMATION: The current system at the airport is unreliable and needs to be replaced. The current units art two 450 ton gas absorption chillers that were retained from the old terminal building. These legacy systems have been subject to frequent failures. It has been difficult to obtain parts and service for the units. The current chillers are not currently operating. The Airport IS presently leasing two 200 ton chillers to supply air conditioning. Bath Engineering was administratively hired to conduct an assessment of the current chillers and replacement alternatives. During the course of the study, Bath Engineering determined the airport electrical system could support the load of the two leased electric chillers. They designed a reusable electrical connection for the two temporary chillers. This allowed the airport eliminate the two leased diesel generators that had been providing power for the chillers. The assessment determined that installation of two 250 ton electrical centrifugal chillers was the optimal solution. Replacement of the chilled water pumps with a two loop system consisting of a constant flow primary loop and variable flow secondary loop was also recommended. Calculations indicate that the recommendations would reduce the airport's electrical costs by $35,000 to $50,000 per year while improving system reliability and reducing maintenance costs. The system is designed to permit the installation of a third chiller at such time as terminal expansion requires the additional capacity. BIDS: The bid was structured as a base bid with an additive alternate. The base bid consists of mechanical and electrical demolition to remove the existing gas fired absorption chillers, chilled water pumps, condenser water pumps, and installation of: · Two (2) new 250 centrifugal chillers; · New primary chilled water pumps; · New secondary chilled water pumps; · New condenser water pumps; · New controls to operate the central plant; and · All mechanical, electrical and structural work to complete the installation. The additive alternate provides for a temporary chiller with a minimum of 400 tons of capacity for the duration of construction. Bids from seven bidders were publicly opened Wednesday, November 1,2006. Three bids were determined to be irregular due to a failure to acknowledge the addenda. Those not acknowledging the addenda were Miller & Miller, Robstown, Texas, Victoria Air Conditioning, Victoria, Texas and Carrier Commercial Services, Corpus Christi, Texas. The irregularities did not affect apparent low bid. ,,\HOME\KEV I NS\GE N\A I R _restored\C h illerReplacement2006\AwdBkgExhA. doc EXHIBIT A Page 1 of 2 Base bids ranged between $624,900.00 and $1,088,516.00. Additive alternate bids ranged from $37,288.00 to $198,000.00. The total low bid (base bid and additive alternate) was submitted by Malek, Inc. in the amount of $703,900.00 RECOMMENDATION: Consultant and Aviation Department recommend the award of the Base Bid and Additive Alternate No 1 to Malek, Inc. of Corpus Christi in the amount of $703,900.00. PRIOR COUNCIL ACTIONS: s.,ptember 12. 2006 - Motion authorizing the City Manager, or his designee, to execute an engineering contract in the amount of $60,000 with Bath Engineering, Inc. of Corpus Christi , Texas for the development plans, specifications, bid and contract documents for (M2006-297) PRIOR ADMINISTRATIVE ACTIONS: Jutv 7. 2006 - Administrative award of an engineering contract in the amount of $24,405.00 to Bath Engineering, Inc. of Corpus Christi Texas for the Corpus Christi International Airport Terminal Chiller Replacement - Preliminary Study. September 20.2006 - Administrative award of an asbestos survey contract in the amount of $642.00 to All Points Environemental of Corpus Christi, Texas for the Corpus Christi International Airport Terminal Chiller Replacement project. FUNDING: Funding is available from Airport Capital Funds. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the proposed award and recommended its approval. rl'\HOME\KEVI NS\GEN\AI R_restored\Ch illerReplacement2006\AwdBkgExhA.doc EXHIBIT A Page 2 of 2 cc o o N ~ Z W :E W U 0( -I 11. W Ir Ir W ...100 ...10 ~%g -U_ lD~.. U.1r1r oOw Zl1.a:I Olr:! i=ci ~...I~ :::::Jo(U lDl!l~ ~i=~ ~11. Ir w ~ ~ i= U) ii: ::J: U U) ;:) 11. Ir o U N .. .... ,.: .... ..... ... W ... e( Ji i= U) W II) Q: W W Z (; Z W o o N ...; u I ~ ~ .: .....:lW ...: .e( ~ ~:: CUt! .! ~ ;:II- f------- ~~-!~E ::E-.c~::::I .c.....U~U) u~.iI1.Q. {!!.- !::E 0::; Z.3 &t~(,):::) o o N o Ol ,..: GO <0 W ... ii Z ~ 25 ftI i!:I& ~ .....e( ~ I M f- ___~--- 4i .... {!!. W =~ u E ::E::E~ii2~ III u. ! Q. 0. '"'01'" E J!ION z::::l = :::)....J ::E~1Il: III >- ftI o ii " c .J " u o .... N :Z o i= ~ Q. :I o U u. o W :I i= o ....~ !!zo ~:::::Jci .0(") ::~~ . u ... ':.;0 ~ W -.i!!u ~:tiif~ .!~ ...U) .. -0. :q ~ g ~ 11. (,) ....J o o 6 o Ol ,.: N <0 6It " ~... .Z .....:) Ii Me( t! -I- r---- ~! 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I=::~ 6.Q~ C5 ~ "t::Gl~;;tlC:-8 CI) ~ - 'v CD 2 III ... ~._i~~(jj~iui 0:~g8C:8:iiR~ ~.c=o C:.2:':C l!!-.cOCD=CIlQ.u 8.g~~:5::e g.~E EQjc:OaGlIllCl)l!!::::J CDlij,Q E::::Jog E= 8.CI) -St)::lO- "i Q. ~ -0 E .~ ~ .~ 11 Qj ~ g >.!! 1Il.-t:: CI)=!-- o=C:EIll:E'u CDQj ~ti8cuc;;t-J!! =0. UJ l- <(:E Zw a:: I- UJ- 1-0- ~co~ IIlN ~o :eN ~ Gl )C Cl Will 0.. o o cD ... II) 00 co C!- ... .,. o o ,..: l"- N .,; ... C!- ... .... o o o II) C') ..; co en .,. W I- < Z a:: w I- ..J < a a < + a ii w (I) < CD ...I ~ o I- Cerous Christi, Texas for the Corpus Christi International Airport Terminal Chiller Replacement 2006 Preliminary Project Budget November 14, 2006 EjNDS AVAILABLE: Airport Capital 2000A CIP Fund T ota I. $ 553,644.74 $10,822,185.30 FUNDS REQUIRED: Construction Contract . Project Contingency (8.0%). QA/QC Testing Contract.. Engineering Design. SurveYing. . . Geotechnical Investigation . Construction Inspection .... Survey , . .. . , .. .. Engineering Project liaison.. .. Incidental Expenses (Printing, Advertising, etc.) TOTAL.. n ........... '"...... '..... h.., ......... '........... ............... $ 703,800.00 $ 56,300.00 $ -0- $ 60,000.00 $ -0- $ -0- $ 14,000.00 -0- $ 8,000.00 $ 12.000.00 $ 854,100.00 EXHIBIT "C" Page 1 of 1 H. \HOME\KEVI NS\GEN\A I R _ restored\ChillerReplacement2006\AwdBudgetExhC, doc lie ,Mproject ,COul1Cilex!'Jlblts \exh 7 J008.dwg ..~ ~-- \~ ) .J r.k 524 rc:ic County C~i~~ (\JECES BAY / j '" I ~ 51 i lit B _---1- .wt 44 \JEeT LOCATION 1000 INTERNATIONAL DRIVE CORPUS CHRISTI, TEXAS CESAR CHAVEZ BL VD. ~ \J CITY CT No. 10008 II ~ NOT TO SCALE HWY 44 AGNES RD. JO) SITE LAYOUT NOT TO SCALE CORPUS CHRISTi BAY AIRPORT ENTRANCE PUBLIC PARKING AIRPORT TERMINAL EXHIBIT -D- CORPIIS CHRISTIINTERNA TIONAL AIRPORT TMlfINAL CHILLER REPLACEMENT CITY COUNCIL EXHIBrr CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11-08-2006 I - - - - - -- 14 AGENDA MEMORANDUM City Council Action Date: November 14, 2006 AfENDA ITEM: Motion authorizing the City Manager, or his designee, to award a Construction Contract to ReM Constructors, Inc. of Corpus Christi, Texas in the amount of $249,000 for the Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment Fiscal Year 2006- 2007 for the Base Bid and Additive Alternates NO.1 & 2. ~ The Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment project is a yearly program that provides for the correction of variances in manhole rings and covers to improve the surface quality on selected arterial streets. BfNDING: Funds are available for this project through the FY 06-07 Capital Improvement Program budget. gfNCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented ~~~-J'C(, Foster Crowell Director of Wastewater f ~o'fat fE', --11/9/# Oitector of Engineering Services ter Services ~i'onal SUDDort Material: Elilibit "A" Background Information Eldlibit "B" Project Budget Eldlibit "C" Bid Tab Exhibit "0" Location Map H:\HlIlMEIl YNDASIGENlWastewaterI7365. Manhole Adiustments FY 06 . 07\Merno.OOc; BACKGROUND INFORMATION IDIBJECT: Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment FY 2006-2007 (Project No. 7365) PfIOJECT BACKGROUND: This project is part of a yearly program to address street pavement and manhole discrepancies and improve the surface ride quality of selected arterial and collector streets through manhole ring and cover adjustment. PIlOJ.ECT DESCRIPTION: Work for this project includes: · removal of the existing manhole frame/rings and covers, · installation of new manhole frame/rings and covers, and · removal and replacement of pavement and pavement repairs to correctly adjust the pavement elevation and cross slopes to improve street drive-ability and quality. The project consists of a base bid with two parts and two additive alternates: B.e Bid Part A: Consist of a Base Bid quantity of seventy (70) Sanitary Sewer Manhole RiAg and Cover Adjustments using new manhole ring and cover assembly with new height adjustment rings and new stainless steel inflow inhibitor and concrete collar. B_e Bid Part B: Consists of a Base Bid quantity of seventy (70) Storm Water Manhole Ring and Cover Adjustments using new manhole ring and cover assembly with new height adjustment rings and concrete collar, all in accordance with the plans, specifications, and contract documents. ~itlve Alternate No.1: Consist of an additional quantity of ten (10) Sanitary Sewer Manhole Ring and Cover Adjustments using new manhole ring and cover assembly with new height adjustment rings and new stainless steel inflow inhibitor and concrete collar. A_itive Alternate No.2: Consist of an additional quantity of ten (10) Storm Water Manhole Ring and Cover Adjustments using new manhole ring and cover assembly with new height adjustment rings and new stainless steel inflow inhibitor and concrete collar. g INFORMATION: Bids were received on October 25, 2006 with five (5) bidders submitting proposals. The low bid was submitted by Enviro Remediation Coatings from Katy, Texas. (See Exhibit "C" Tabulation of Bids) Enviro Remediation Coatings was awarded the Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment project for Fiscal Year 05 - 06 in the amount of $184,940 on March 8, 2005 (Motion No. M2005-077). Upon review of the submitted proposals by the City's AlE Consultant, ECMS, Inc. and city staff it has been determined it is not in the best interest of the project or the City to award to the low bidder. EXHIBIT A Page 1 of 2 ~ HOME\L YNDASIGENIWastewaten '365 Ma. nole Adjustments F Y Of O'IAGENDA BACKGROUND doc Factor's that contributed to this decision include: · poor contractor past performance, · inability to properly staff the project with manpower or materials, · failure to communicate with the AlE consultant and city staff, · extreme difficulty in completing the Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment project for Fiscal Year 05 - 06, and · the need for city staff to issue a deductive change order in the amount of $68,800 (36% of the contract award) to terminate the Fiscal Year 05 - 06. Therefore, based upon the above reasons it is recommended not to award this project to Enviro Remediation Coatings even though they were the lowest bidder. The next apparent low bidder was RCM Constructors, Inc. of Corpus Christi, Texas. The bid was determined to be irregular due to failure of the contractor to properly acknowledge the two addenda separately on his proposal form. The bidder gave a verbal acknowledgement of the two addenda at the bid opening and faxed a letter later in the week repeating the acknowledgement. The City Council reserves the right to waive any bid irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Therefore, based on past satisfactory experience on projects of a similar nature and second lowest responsive bid, it is recommended that City Cou ncil waive the irregularity of the bid, and award a construction contract to RCM Constructors, Inc. of Corpus Christi, Texas in the amount of $249,000 for the Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment project for Fiscal Year 06 - 07 for the Base Bid and Additive Alternates NO.1 & 2 ~NTRACT TERMS: The contract specifies that the project will be completed in 180 calendar days, with completion anticipated by May 2007. flINQING: Funds for this project are available in the FY 2007 Capital Improvement Program Budget. fa.OR COUNCIL ACTION: 1. September 19. 2006 - Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500 (Ordinance No. 026997). ~OR ADMINISTRATIVE ACTION: None. >1\HGlME\L YNDAS\GEN\Wastewaler'7365 - Manhole Adjuslmerts FY 06 07\AGENDA BACKGROUND doc EXHIBIT A Page 2 of 2 SANITARY SEWER AND STORM WATER MANHOLE RING AND COVER ADJUSTMENT FY 2006-2007 (PROJECT NO. 7365) PROJECT BUDGET November 14, 2006 FUNDS AVAILABLE: Wastawater CIP.. Storm Water CIP T atal. .. . FUNDIB REQUIRED: Constluction Contract (RCM Constructors, Inc.) Wastewater. ... . . . Storm Water... ..... T atal Construction Contract. Contingencies (1 0%).. . Engineering Reimbursements Finance Reimbursements..... Constluction Inspection Activity.... Miscellaneous (Printing, Advertising).. T atal... .. .. .. .. $132,500.00 116,500.00 $166,950.00 128,950.00 $295,900.00 $249,000.00 24,900.00 7,500.00 3,000.00 10,000.00 1,500.00 $295,900.00 './) ::l a: !l. .'1 (})u 0" COO ~~ z5 o t=0 -<Z ...)- :Ja: COW -<w f-Z (5 Z J: >< ....u tv? ~ '"' ".? rn Z ~ J.J ";; ~ Q.i .'V (/) ::{ Ol Cl.. c J.J ~ .:) ~ "0, c W o U l:: o W !l. ~. <D coo .00 ON u rn l[) w <'-I a: (jj _.0 OJ 0 0>0 ~O r f:O co "55 o aJ ~-5 ::5~ :J. CO.;:; ~O o o o ci lfl N <fl LU I- -< ~ t= (/) w ({) 0:: w w Z <3 Z w OJ C II) "S: 0 f- C1l '<t Z D.. CIO-. C-O"" 0 OQ:~ ~ ~1:: .<f ::l 0 ;:; ~ .r;.~ ce(.c ONU LL Uo III U_' N.... ::I :e e. ~ o 8 t: ~ ~ 01 CQ '<t CIO III CIO ,... o ~ ~ t;0l ::l )( ;:; .=O~ III t:Q .c go () U . 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TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 11/0B/2006 I - - - - 15 "lIlIll!I""--"~ CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 14, 2006 SUBJECT: Downtown Streetscape and Wayfinding - Project No. 6406 AGENDA ITEM: a. Resolution authorizing the City Manager or his designee, to execute an Interlocal Agreement with the Downtown Management District of Corpus Christi, Texas and the Regional Transportation Authority of Corpus Christi, Texas for the DTown Streetscape and DTown Wayfinding Assessment Project. b. Ordinance appropriating $24,000.00 from the Regional Transportation Authority and $24,000 from the Downtown Management District into the Street CIP Fund No. 3530, for the DTown Wayfinding and DTown Streetscape Projects; amending the FY2006-2007 Capital Budget Adopted by Ordinance 026997 to increase appropriations by $48,000; and Declaring an Emergency. c. Motion authorizing the City Manager or his designee, to execute an architectural contract with Gignac and Associates of Corpus Christi, Texas in the amount of $48,000.00 for the DTown Wayfinding and DTown Streetscape Projects ISSUE: The RT A and DMD wish upgrade the downtown area in a similar manner proposed for SeaTown. They proposed donating funding to the City for the design work. Execution of an Interlocal Agreement, appropriation of funds and award of the architectural contract is necessary to proceed with the project F"NDING: Funding for this project IS available upon appropriation. CONCLUSION AND RECOMMENDATION: Approval of the resolution, ordinance and motion is recommended as presented. ~ ~ .c~-~ v 1.I/~-6 9 I R Escobar, P. E , irector of Engineering Services Attachments: Exhibit "A" Background Exhibit "B" Contract Summary Exhibit "c" Location Map H :\HOME\KEVI NS\GEN\DMD\StreetScapeWayfinding2006\AEAwdMemo. DOC BACKGROUND INFORMATION CONTRACT: The architectural contract provides for design streetscape and way-finding signage. The work will consist of an assessment of: 1 DTown's streets cape condition, followed by the formulation of an urban design diagram that highlights streetscape hierarchy in the DTown District. Associated with the streetscape hierarchy diagram will be a proto-typical section for each major street, as well as a "typical" street section for non-major streets within DTown. Following development of streetscape hierarchy diagram and street sections, streetscape treatments will be developed for: . Site Furnishings (benches, trash receptacles, bike racks, etc.) . Lighting . Pavements . Plantings 2. DTown's way-finding and identity goals, followed by the formulation of a way-finding diagram that summarizes audience groups, access routes, key decision points and lists a proposed hierarchy of sign types. The scope of signage to be studied will include elements required for visitor vehicular navigation and pedestrian navigation from parking to various venues, A contract summary is attached, See Exhibit B. CGNSUL TANT SELECTION: The consultant was selected by the DMD and RT A. Gignac Associates was selected due to their involvement with the SEATown way-finding and streetscape work on the Bayfront. The DMD and RT A approached the City as the improvements to be designed will be located within the City's right of way. The DMD and RTA requested the City execute the Interlocal Agreement, and execute an architectural design contract with Gignac Associates. A8DITIONAL INFORMATION: The approach will be similar to that being utilized for SEATown. The effort is part of an overall program to upgrade the City's core and benefit from improvements along Shoreline. The improved identity that will be offered by improvements to the DTown's streetscape and way-finding are deemed to be beneficial to the City, II EXHIBIT A II Page 1 of 1 H :\HOME\KE VINS\GEN\DMD\StreetScapeW ayfl ndlng2006\AEAwdBkgExhA,doc CONTRACT SUMMARY The project will consist of an assessment of Corpus Christi's downtown streetscape and way-finding opportunities. The Consultant will identity goals, followed by the formulation of a way-finding diagram that summarizes audience groups, access routes, key decision points and lists a proposed hierarchy of sign types. The scope of signage to be studied will include elements required for visitor vehicular navigation and pedestrian navigation from parking to various venues. The project scope of work will focus on the city of Corpus Christi, which is generally organized into the su b-districts of "DT own", " SEAT own", and potentially, "Shoreline Boulevard." We envision the DT own Wayfinding Assessment will build upon the findings from the previously prepared SEATown Wayfinding Assessment to create the base point for an overall City way-finding system which will establish continuity of way-finding and identity for visitors. These overall elements may be combined with unique district identity graphics to create a sense of place. It is understood that a DTown logo has been developed and approved, and will be considered in the study. The study will build upon the findings from the earlier SEATown district way-finding study The streetscape portion of the project will consist of an assessment of DTown's streetscape condition, followed by the formulation of an urban design diagram that highlights streetscape hierarchy in the DTown District Associated with the streetscape hierarchy diagram will be a proto-typical section for each major street, as well as a "typical" street section for non-major streets within DTown. Following development of streetscape hierarchy diagram and street sections, streetscape treatments will be developed for · Site Furnishings !benches. trash receptacles, bike racks, etc) · lighting . Pavements . Plantings For the DTown District, we understand two additional components important to the Downtown Management District (DMD) will be development of a prototypical bus shelter and kiosk, and will be included along with the other streetscape elements A. STREETSCAPE 1, 0 Site Reconnaissance 1 1 Consultant and its subconsultant(s), will prepare tor and attend a kick-off meeting with the City and stakeholders to get a better understanding of needs within the DTown District, expectations otvarious streets, and to identify any concerns related to building development in the downtown. 1 2 Consultant and subconsultant will conduct a site reconnaissance to evaluate the current conditions in the DTown District Distinguishing features and overall character of DTown will inform the guidelines. :n particular, characteristic elements to be evaluated include: . Building and parking placement In relation to the street. · Right-ot-way width related to roadway needs, on-street parking needs, sidewalk and planting needs, and streetscape character · Streetscape elements currently used throughout DTown. 1 3 The Consultant's design team will review the current zoning ordinance as it relates to the above elements to determine the existing rules shaping development and character of the street (Le., building setbacks, front yard requirements, density bonuses, or lot lines.) Work Products The Consultant Will prepare and deliver to the City Engineer a summary memo of findings Site Trip The Consultant will make a one-day trip to conduct a site survey and stakeholder work session. H '\HOME\KEVINS\GEN\DMD\StreetScapeWayfinding2006\AEAwdSumExhB.doc ''9'" 2. 0 Streetscape Alternatives The Consultant will use information learned during Task 1 to prepare the following exhibits for review with the City, DMD, and stakeholders · DTown Streetscape Hierarchy Diagram · Prototypical Street Section for major streets and a Prototypical Street Section for the prototypical streets · Proposed streetscape elements, including 1 Site Furnishings (benches, trash receptacles, bike racks, etc.) 2. lighting 3, Pavements 4, Plantings · Develop recommendations for a prototypical bus shelter for the DTown District. We plan to select a fabricated shelter, rather than a custom design. · Develop a prototypical kiosk for the DTown District. Work Products The Consultant will prepare and deliver an alternatives report in PowerPoint format suitable for binding as a summary report Site Trip The Consultant will make a one-day trip to conduct a site survey and stakeholder work session. 3.0 Streetscape Alternatives 3 1 Following comments received from the presentation and review with the City, DMD, and stakeholders, the Consultant will prepare a revised summary report for delivery to the City. Work Products: 1 Consultant will deliver to the City, DMD and RT A a Final Report in PowerPoint format suitable for binding as a summary report B. WA Y -FINDING 1 . 0 Assessment 1 1 Consultant will · review ongoing Downtown Corpus Christi planning work and concepts; · obtain site base plans and regional maps; · establish boundaries and limits of study area; · identify proposed building projects and road realignments; · review current identity work, Review current site photography. 12 The Consultant will prepare working signage base plans (city study area and district boundaries) 1 ,3 Consultant will be the primary contact, and will guide review process and stakeholder work sessions. Stakeholders may include representation from the following: · downtown development organizations, · convention I visitors bureau and hotels (SMG) · City management, · City DPW I sign shop, · major venues and recreation areas, · arts and cultural entities, · public parking operators, · business owners 1 4 Consultant will perform on-site driving and walking tour to complete a photo-survey of area context, existing signage and signage opportunities. Work session with stake holder group to obtain feedback on "i' \HOME\KEVi NS\GEN\DMD\StreetScapeWayflnding2006\AEAwdSumExhB .doc ..... . Vision, character context, unique qualities Identity and way-finding goals. . area history, key visitor destinations, public transit, · audience, . entry points, parking goals, · Circulation and traffic flow, . city sign program management. 15 Consultant will prepare assessment report, Include survey photos accompanied by observations and work session comments and prepare a preliminary plan that delineates: . City study area, with sub-districts · key destinations Including visitor parking, · circulation paths, coded by audience, . decision points and information needs 16 Consultant will submit a report to primary contact for distribution and comment. Work Products COftSultant will deliver the City Engineer an Assessment Report in a Power Point format with annotations, 2.0 Preliminary Program The Consultant will: 21 Evaluate stakeholder comments 2.2 Refine sign plan. Prepare hierarchical list of recommended signage types, Locate sign types diagrammatically on plan. 2 3 Initial selection of context-appropriate examples of district signage to illustrate potential solutions and design character 24 Review site character, proposed sign types and examples, Using selected site photos, block out "zones" for potential sign locations, illustrating general proportions and locations, (Le., vertical on median, vs, low horizontal) Provide sketch-level alternatives ofthree (3) representative sign types for consideration 25 Review plans, hierarchy, precedent Images and alternatives. Supplement as required. Assemble show for stakeholder presentation, 26 Conduct a second site trip 2 and work session with stakeholder group to obtain feedback. 2 7 I ncorporate stakeholder comments, submit final program report Work Products: The Consultant will prepare and deliver the City Engineer: 1 a way-finding plan, sign type list, precedent examples and preferred sketch concepts; and 2 a PowerPoint show with annotations Sutnmary of Fees: I Tasks I Description Fee I II.A ~ Streetscape 24,000.00 ! 11.8 24,000.00 I ~- I Way-Finding $48,000.00 .-L.____. TOTAL rl \HOMEIK EVI NS\GEN\DMD\StreetScapeWayfind ing2006\AEAwdS umExh B. doc \ Mprojecr \COUnCllextllbits \ exh6406.dwg ~ N PROJECT LOCAnON CORPUS CHRISTI BAY LOCA TION MAP NOT TO SCALE PROPOSED PROJECT BOUNDARY N \ PROJ~T No. fU06 VICINITY MAP NOT TO SCALE EXHIBIT .C. DOWNTOWN STREETSCAPE and WA YFINDING CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TeXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DA TE: 11/08/2006 ~ -- - - - - RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE DOWNTOWN MANAGEMENT DISTRICT OF CORPUS CHRISTI, TEXAS AND THE REGIONAL TRANSPORTATION AUTHORITY OF CORPUS CHRISTI, TEXAS FOR THE DTOWN STREETSCAPE AND DTOWN WAYFINDING ASSESSMENT PROJECT, WHEREAS, the Regional Transportation Authority of Corpus Christi, Texas (RTA) and the Downtown Management District of Corpus Christi, Texas (DMD) wish to upgrade the downtown area and propose donating funding to the City for the design work for the DTown Streetscape and DTown Wayfinding Assessment Project WHEREAS, execution of an Interlocal Agreement, appropriation of funds and award of the architectural contract is necessary to proceed with the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an Interlocal Agreement with the Downtown Management District of Corpus Christi, Texas and the Regional Transportation Authority of Corpus Christi, Texas for the DT own Streetscape and DT own Wayfinding Assessment Project. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form: 9-Nov-06 , . 'r- / By: I\l,UV)J~Ul/ LUb\A,~ Veronica Ocanas Assistant City Attorney For City Attorney H\LEG-DIR\VeronlcaO\1 ENGIAGENDA ITEMSivo111406RESORTA&DMDDTown.doc _____day of ________. 2006. The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E Marez Jesse Noyola Mark Scott H\LEG-DIRIVeromca0'1 ENG\AGENDA ITEMS\vo111406RESO RTA&DMD DTown doc ....... .._- ORDINANCE APPROPRIATING $24,000.00 FROM THE REGIONAL TRANSPORTATION AUTHORITY AND $24,000 FROM THE DOWNTOWN MANAGEMENT DISTRICT INTO THE STREET CIP FUND NO. 3530, FOR THE DTOWN WAYFINDING AND DTOWN STREETSCAPE PROJECTS; AMENDING THE FY2006-2007 CAPITAL BUDGET ADOPTED BY ORDINANCE 026997 TO INCREASE APPROPRIATIONS BY $48,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS' SECTION 1. That $24,000.00 from the Regional Transportation Authority and $24,000 from the Downtown Management District is appropriated into the Street CIP Fund No. 3530, for the DTown Wayfinding and DTown Streetscape Projects SECTION 2. The FY2006-2007 Capital Budget adopted by Ordinance 026997 is amended to increase appropriations by $48,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the 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 on this the 14th day of November 2006. ATTEST: THE CITY OF CORPUS CHRISTI -~.~ - ~..._..._-~~. . Armando Chapa City Secretary Henry Garrett Mayor A~~'11W!;f:NOV-06 Veronica Ocanas Assistant City Attorney for City Attorney .LEG-DIR\VerOfllcaO\IENG\AGENDA ITEMSW0111406.0RD.Apo RTA OToWIl doc 2 Corpus Christi, Texas __ day of 2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfu lIy, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott ....' .-""... 16 -'""""'"' AGENDA MEMORANDUM DATE: November 14, 2006 ~BJECT: Northwest Library Expansion (Project No. 4319) BOND ISSUE 2004 CHANGE ORDER NO.1 ~DA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Oftter NO.1 to the Northwest Library Expansion Project with Nuway International, Inc. of Corpus Christi, Texas, in the amount of $40,391.45, for a re-stated contract price of $1,419.340.03, for removal and replacement of the external wall with water damaged building materials and asbestos remediation. [BOND ISSUE 2004] ~ The proposed Change Order NO.1 is necessary to repair existing water intrusion damage to an existing Internal wall. The damage was discovered upon the removal of gypsum board wall finish on the interior side of the wall. EYNDING: Funds for this project are available in the FY 2007 Libraries Capital I niprovement Budget. BlCOMMENDATION: Staff recommends approval of the motion as presented. r J/;1, ~ Herbert Canales, Director of Libraries 'j( f], A ~ ---' A el . Escobar, P. E., Director of Engineering Services &ldi.ional Support Material: EXhibit "A" Background Information Exhibit "B" Change Order Summary Exhibit "C' Location Map "IUSERS2\HOMEWELMAPIGEN'UBRARy\4 '9 NORTHWEST L1BRARYICHANGE ORDER NO 1\AGENDA MEMO BACKGROUND INFORMATION SlIBJECT: Northwest Library Expansion (Project No. 4319) BOND ISSUE 2004 CHANGE ORDER NO.1 .9IANGE ORDER: The change order provides for removal and replacement of the external wall with water damaged building materials and asbestos remediation. Work will fndude . Remove and replace water damaged sections of the existing east exterior wall. This requires demolition and reconstruction of approximately 50-linear feet of exterior building sheathing not included in the original scope of work. · Provide additional asbestos remediation for the removal of existing cement plaster on the south wall encountered during construction. This change order adds an additional ten (10) calendar days to the current construction contract. fIO.fECT DESCRIPTION (Construction): The Northwest Library was built to provide library services to the residents of Corpus Christi residing in the Northwest area ofthe City. The existing facility currently contains 7,340 square feet. The City-wide November 2004 Bond Election allocated $2,000,000 for the purpose of adding 5,000 square feet and renovating and reconfiguring the existing 7,340 square feet. Since the original construction was completed in 1982, additional parking was added to the rear of the property in 1998 and roof repairs were made in 2004. During a scope definition meeting with the architects and City staff, it was determined that the 5,000 square foot expansion should occur to the north of the property. Land purchase should be sufficient in size to allow a future driveway from the rear parking area to be extended to McKinzie Road. Specifically, the project consists of exterior building renovations to cement plaster finishes and glazing, a new entry canopy structure, and a complete interior reconfiguration including new partitions, floor, wall and ceiling finishes, and replacement of existing mechanical, plumbing and electrical systems. The new addition consists of a slab-an-grade foundation, structural steel frame, built-up roofing system, exterior cement plaster finishes, storefront and glazing, interior finish-out, and new mechanical, plumbing and electrical systems, in accordance with the plans, specifications and contract documents. fIOJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital Improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. EXHIBIT "A" Page 1 of2 USERS2IH.ME vELMPP\GEr~. ,8RARY\4 . NOR 1 >-lWEi;' lIBRfoR' CHANGE Of<DER NC 1 'AGENDA BACKGROUND The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. FUTURE COUNCIL ACTION: None anticipated. PIIIOR COUNCIL ACTION: 1. November 2.2004 - Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. March 29. 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for $178,074,800. (Ordinance 026188) 4. May 17.2005 - Ordinance appropriating $196,385 from City Hall CIP Fund 3160, transferring to and appropriating In Library CIP Fund 3210 for the Northwest Library Expansion; amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $392,770, (Ordinance No. 026262) 5. Mav 17. 2005 - Motion authorizing the City Manager or his designee to execute a Contract for ProfeSSional Services with Solka Nava Torno Architects in the amount of $196,385 for the Northwest Library Expansion. (Motion 2005-147) 6. July 11. 2006 - Motion authorizing the City Manager or his designee to execute a construction contract with Nuway International of Corpus Christi, Texas, in the amount of $1,378,94858 for the Base Bid and Additive Alternate NO.1 for the Northwest Library Expansion. (Motion 2006-196) 7 Julv 11. 2006 - Motion authorizing the City Manager or his designee to execute Amendment NO.2 to the contract for professional services with Solka Nava Torno Architects in the amount of $61,840 for a total restated fee of $270,005 for the Northwest Library Expansion. (Motion 2006-197) PIIOR ADMINISTRATIVE ACTION: 1. Auqust 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 2. March 25. 2005 - Addendum NO.1 to the Request for Qualifications No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 3. Aoril13. 2005 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 4. June 2. 2006 - Administrative approval of Amendment NO.1 to the contract with Solka Nava Torno Architects in the amount of $11,780 for the Northwest Library Expansion. EXHIBIT "A" Page 2 of 2 1 \USERS2\HOME\\!ELMAPIGEN,,-:BRARY\4 "9 NORTHWE ST LlBRARY\CHANGE ORDER NO 1~GENDA BACKGROUND DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET Novem ber 14, 2006 PROJECT: Northwest Library Expansion (Project No. 4319) APPROVED: City Council Motion No. M2006-196 on July 11, 2006 CONTRACTOR: Nuway International, Inc, 2621 Holly Road Corpus Christi, TX 78415 i TOTAL CONTRACT AMOUNT,.. .............. $1,378,948.58 ! 25% Limit Amount.....,........ ....,.... ........ 344,737.15 L Change Order No. 1 - November 14, 2006.... 40,391.45 T' -,_._-- }OTAL All Change Orders, ~~_~_:._ . ...... . $40,391.45 2.93% < 25% EXHIBIT "B" Pa e 1 of 1 <,USERS2\HrJMEr','ELMAPIGENuBRARY'4 '9 NOFF'-iWEST LlBRARYICHANGE ORDER NO nCHANGE ORDER SUMMARY - -lie ,Mpro 'ect \counci/exhibits \exh4J 19.aw '~-____ I I Itv.,.€ ----____ _ ) I ! ---- ~ AS"',.q.,.~ f..tIGf..t:~-lJ ~ y 3;> ^'. /); / \-. "..)\. /""" '( / 'y// // 'L ///'~ <. '-,,- ." ~ "", .."" / ( "- . /,~..../ ''''''' "-" " ' (. '~"- i ~o,() ~. rJ ~ ':1~ . I'---J 1 /,~Sr,J ~ N PROJECT LOeA TION NORTHWEST LIBRARY I i CITY IIROJECT No. 4319 LoeA TION MAP NOT TO SCALE EXHIBIT "C" NOwrHWEST LIBRARY EXPANSION PROJECT CITY COUNCIL EXHIBIT I CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 10'2 _ = - - DATE: 11-07-2006 "Ie \Mpro ect \councilexhlblts \exh4J 19a.awg CITY IE I :I ECT No. 4319 NEW ADDITION SITE PLAN NOT TO SCALE PROJECT SITE i ,J NfHfTHWEST LIBRARY EXPANSION PROJECT ~ EXHIBIT .C. CITY COUNCIL EXHIBn' CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 11-08-2006 I - - - - 17 AGENDA MEMORANDUM DATE: November 14, 2006 AfiiENDA ITEM: A. Ordinance appropriating $522,721.46 from the unappropriated interest earnings from Water CIP Fund 4083 for the required relocation and upgrade of an 8" waterline along the Joe Fulton Trade Corridor; amending capital budget adopted by Ordinance No. 026997 by increasing appropriations by $522,721.46; and declaring an emergency. B. Motion authorizing payment to the Port of Corpus Christi in the amount of $522,721.46 for the relocation and upgrade of an 8" waterline along the Joe Fulton Trade Corridor as required by an Interlocal Agreement approved by City Council on August 26,2003 (Resolution No. 025453). U.UE: Due to construction of the Joe Fulton Trade Corridor an existing 8" waterline needs to be relocated. This payment provides for the relocation and upgrade of the existing waterline to a 24" waterline in conjunction with the Port of Corpus Christi's Joe Fulton Trade Corridor Project. ~ Funds for this payment are available through interest earnings in the Water Clpitallmprovement Program Budget. BJCOMMENDATION: Staff recommends approval of the motion as presented. l'i1l% %:; p=- Eduar 0 Garana, P.E., Director of Water Services ft /07/06 I . rz>rz.. 'Angel R. Escobar, P. E., Director of Engineering Services ~ional SUDDort Maq.rial: Exhibit "A" Background Information Exhibit "B" POCC Request Exhibit "C" Location Map H:\If>MEIl YNDAS\GEN\WATER\8447 - EQg:.24 Inch walerllne\Memorandum.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Joe Fulton Trade Corridor - Relocation and Upgrade of Water Line (Project # 8447) PIllOJECT DESCRIPTION: The project will result in the installation of a new twenty-four-inch (24") main on the north side parallel to the Corridor with the extension of a new eight-inch (8") line near the intersection with Navigation Boulevard. BACKGROUND INFORMATION: The 2003 Interlocal Agreement with the Port expedited the Joe Fulton International Trade Corridor. The agreement was necessary to meet the Texas Department of Transportation leling schedule. The agreement provided the basis by which the design and construction of water and wastewater construction and relocations would be accomplished. The Port of Corpus Christi agreed to pay for the design costs associated with wastewater and water adjustments and relocations. The Port also agreed to pay for the construction cost associated with wastewater lines. The City agreed to pay for the construction costs of water line adjustments and relocations plus 1 % for TXDOT engineering and contingencies. The Port of Corpus Christi determined an eight-inch (8") water line near the intersection of Navigation and Joe Fulton Trade Corridor conflicts with a proposed storm water culvert box installation. It was originally proposed to lower and encase the water line eliminate the conflict However, with anticipated growth and expansion of the Port Railway system such an approach is likely to require an additional relocation in the future. It was decided the most prudent action would be to install a twenty four-inch-inch (24") main on the north side parallel to the Corridor with the extension of a new eight-inch (8") line. This will provide better capacity and service for future development. The twenty-four- inch (24") main will be installed with stub-outs positioned to tie into the future extension of the water main along Up River Road by boring under the ship channel near the Tule Lift Bridge. The ultimate completion of these improvements will improve water capacity and pressure in the area The Port of Corpus Christi letter requesting payment is attached. See Exhibit R PRIOR COUNCIL ACTION: AWJust 26.2003 - Resolution authorizing the City Manager, or his designee, to execute an Interlocal governmental agreement with the Port of Corpus Christi Authority (PCCA) to include utility adjustment and relocation work as part of the Joe Fulton International Trade Corridor and for the City to provide funds to PCCA. (Resolution No. 025453) Jutv 27. 2004 - Motion authorizing the City Manager, or his designee, to make payment to H lHOMEIKEVINS\GEN\WATER\8447 FULTON CORRIDOR\24BACKGROUND.DOC EXHIBIT "A" Page 1 of 2 the Port of Corpus Christi Authority in the amount of $373,344.48 for waterline adjustments and installations for the Joe Fulton Trade Corridor Project. (Motion 2004-288) FUNDING: Funds for this project are available from the Water CIP Fund. rlIHOMEIKEVINSIGEN\WATER\8447 FULTON CORRIDOR\24BACKGROUND.DOC II EXHIBIT "An II Page 2 of 2 Department of Engineering Services OF COIPUS C.-sn November 8, 2006 Project No. 99-037F Mr. Joe TreJo, P.E. Assistant Director of Engineering Services City of Corpus Christi 1201 Leopard, 3rd Floor Corpus Christi, TX 7840] Su'jec:t: 24" Waterline Along Fulton Corridor Dear Joe The Port of Corpus Christi has directed our consultants to revise the drawings for the waterline improvements at the Navigation Blvd. intersection with the Fulton Corridor, located approximately 1,000 feet north of the Tule Lake Lift Bridge. These drawings will reflect the request by the City to have the existing 8" line replaced with a 24" waterline to service future industrial growth on the north side of the ship channel. When completed, these drawings will be submitted for final review and approval. Attached is a cost estimate for installing this 24" waterline (with open-cut excavation) across the Fulton Corridor road and rail that is currently under construction and boring under the existing rail line entering the Bulk Terminal. The total estimated charges are $522,721 including the 1% E & C charges required by our Local agreement with TxDOT. The Port will not charge the City any design or project maaagement fees. As with the other waterlines installed on the Fulton Corridor, we request that the city provide an inspector from the City's water department to observe and approve the installation as work proceeds We will work with the City to prepare any amendments to our intergovernmental agreement to cover this work. Please call me at 885-6164 if you have any questions or comments. ~L/~ David Michaelsen, P.E. Chief Engineer DLM/mmm Emllosures cc: Frank C. Brogan Tommy Solomon, Fulton Corridor Ii \DLMlJ999PROJ\99037 Fulton ComdorlWaterline at Navigation Blvd IIr #3 J J0706.doc Website www.portofcorpuschristi.com 722 Power Street Corpus Christi. TX7840 · PO Box 1541 Corpus Christi. TX 78403 · TEl: 361-882-5633 · FAX:361-881-5163 Joe Fulton International Trade Corridor 11/7/2006 Estimate of City's Costs to Install 24" Water line (open cut) at Navigation Blvd. Intersection wI 8" line to Bulk Terminal south of RR Item 24" & 8" W.L. Costs $555,643 - 67 980 $487,663 $24,383 $500 5000 $517,546 5175 $522,721 Jhabor's Quote Estimated Discount to 0 n Cut Subtotal Haas-Anderson Marku 50/0 Surve Costs Backfill & Com act 0 n Cut Sub-Total Construction Cost 1 % E & C Char es from TxDOT Total Estimated Costs ;;Ie ,MprOJ8ct \counCJlexhlb,ts \exh8447.dwg ~. ---/ -- i~ J >; ~::':I 1.-, , ~ / q/ ~. i N ,-< / ~ / ~ ___/ ...~.. ~ ~ v)9All.9_~. ~~.YP_.. _.. _.. _.. _" _.._ -- '''r, .......- ,.....--+-___-_-l-~_-_-_+_-I__+-I 1/!-.:.'..............-- "" ~ A ~',:'~" vv I ",~-:/ ~ ~HEVICAL , ..... ../ v _________ I! ,/. ~ T~~;~;;::::::/..O:>OOOOOOO---.------. I I / ~).'.' // .....> ,'~ \ .~ ,~% . ~. ~~,~, ~< .~---~.. \ / ~-1-'" --./ \ ~11 ~~)1// ::.:::.:.{-. !V~ ". \ \ \ ~, "_ / ~~ } ~ \ ~i:.DF\C ~.~.:..t-:d..~._..~ .~. , '-. ,.... ----. : ~j1. "- >- ,_ ~-~ -JI -~ '"1____ ....,." , \ r- -J' J. ':'-r.:-.. ._, ! /~. ~i I ......71 - \ 2: , /,/ \}' I / ~ -t --~~ ;',/ . '. '-..... PROJECT LOCA nON ...--" ! ~~.' t,i[.,. .:::::- ~J ::to . .";~h/ ""':-- .' r",. --2" ..;f'v'utJ ~ z Q, f-! <( - - 1" ::: \ c ,i. CITY ptlOJECT No. 8447 I ---J ~ I _' I ~A..;i'.l. l<r SITE MAP NOT TO SCALE ->. EXHIBIT .C. 2 WA TERLINE @ JOE FUL TON INTIMA TIONAL TRADE CORRIDOR & NA V1GA TION BOULEVARD CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11-09-2006 I - - - - -- ORDINANCE APPROPRIATING $522,721.46 FROM THE UNAPPROPRIATED INTEREST EARNINGS FROM WATER CIP FUND 4083 FOR THE REQUIRED RELOCATION AND UPGRADE OF AN 8" WATERLINE ALONG THE JOE FULTON TRADE CORRIDOR; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026997 BY INCREASING APPROPRIATIONS BY $522,721.46; AND DECLARING AN EMERGENCY. 81 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TexAS: SICTION 1. That $522,721.46 is appropriated from the unappropriated interest earnings from Water CIP Fund 4083 for the required relocation and upgrade of an 8" waterline along the Joe Fulton Trade Corridor. SICTION 2. That the Capital Budget adopted by Ordinance No. 026997 is amended by increasing appropriations by $522,721.46 SICTION 3. That upon written request of the Mayor or five Council members, copy atteched, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the 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 on this the 14th day of November 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor ~rROVED AS .TO FO~~: \ U u\!tru_J()(~ Veronica 6caiias A.istant City Attorney for City Attorney 9-Nov-06 ~~'iLEG-D!f~\\'elonl(;aO\i ENG\AGtNDJ\ in=rlilSV01114U6.0f~DJ\ppJFliltonTradeComdor doc ~p;;","*" 2 Corpus Christi, Texas __ day of ,2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Bmnt Chesney Melody Cooper Jerry Garcia Bitt Kelly Rex A Kinnison John E Marez Jesse Noyola Merk Scott ~'- .""*'" 18 ~._---',.,... AGENDA MEMORANDUM November 14, 2006 AGENDA ITEM. a Motion approving an amendment to the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement submitted by AI Development, Inc., owner and developer of South Fork Unit 4 Subdivision, to reflect a cost increase of $227,052.76 for the reconstruction of the existing Master Plan Lift Station No. 1047 (Greenfields by the Bay), located east )f Rodd Field Road and south of Wooldridge Road and b Ordinance appropriating an additional $227,05276 from the Sanitary Sewer Trunk System Trust Fund No 250410-4220 to pay AI Development, Inc. for the construction and installation specified in the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement; and declaring an emergency IS8UE: AI Development, Inc owner and Developer of South Fork unit 4 Subdivision has bid the scope of this project and the low bid on the project construction is substantially greater than the original cost estimate. The Developer's consulting engineer has requested the Agreement be amended to reflect the higher cost. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. ~.v~ '" Deborah A Marroquin, P E.' Interim Director of Development /' Attachments Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F BaCkground Information Location Map Original and Amendment Cost Estimates Value Engineering Proposal Cost Estimate Amendment To Sanitary Sewer Trunk Force Main and Lift Station Construction and Reirnbursement .Agreement "Illl!Il!" AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Greenfields by the Bay lift Station and Force Main (Exhibit B) serves the area within which recent plats Including South Fork Units 3, 4, 5, Morningstar Unit 2, and Greenfields by the Bay Unit 3 are under development. The existing lift station is currently operating at its rated capacity as determined In a Design memorandum prepared by Naismith Engineering, Inc. dated February 17, 2005 The South Fork Unit 4 Subdivision Developer, AI Development, Inc. agreed to install the required Force Main and Master Plan Lift Station sized for the ultimate build-out of the Greenfields by the Bay lift Station Service Area. Council approved the Sanitary Sewer Trunk Force Main and lift Station and Construction and Reimbursement Agreement between the City and AI Development, Inc. May 23, 2006 and appropriated $975,210.63 for construction of the new lift station and force main by Ordinance 026788. The total reimbursement amount of $975,210.63 included $811,747.24 for the estimated construction cost of the new lift and force main and $163.463.39 for professional services provided by Naismith Engineering. Inc (Exhibit C, pg. 1). Naismith Engineering, Inc received the following bids on the project construction (Exhibit C, pg. 2): Big State Excavation Jhabores Holloman Corp $1,087,30000 $1,138.48000 $1,505,925.00 Big State Excavation had the lowest bid at $1,087,300.00. The low bid was higher than the project budget and Big State Excavation presented a Value Engineering proposal (Exhibit D reducing their bid by $48 50000 for a bid total of $1 ,038,800, This is $227,052.76 greater than the construction cost estimated by Naismitr Engineering Inc. ($1,038,80000-$811747.243=$227,052.76) Naismith Engineering, Inc requested the City prepare an amendment (Exhibit F) to the current agreement to reflect the increased construction cost. The amendment amount is for $227,052.76. This increases the total reimbursement from $975210.63 to $1,202,263.39 (Exhibit E). Additionally. the amendment extends the time period the developer is eligible for reimbursement from June 30, 2007 to May 31 2008 The cost estimate for Greenfields by the Bay lift Station and Force Main was included in the April 12,2005 Resolution No. 026214, which reserved for commitment funds for the five (5) applications to the Sanitary Sewer Trunk System Trust Fund received prior to January 1, 2005. II Exhibit A II Page 1 of 1 ~~/ ! " , ]!f ,. ,..l ", I . '"" ~, '"" -'-"'--. ; "~ ... <:> o ... ~ ---.. --... '> "'------ - ./ LOCATION MAP NTS I exhibit B I Page 1 of 1 Greenfields By The Bay - Lift Station Improvements Triplet Uft Station QuaDtity UBit UDit Price Total Pwnps Flygt NP-317 i (30 hp) 3 EA $42,000.00 5126,000.00 , Fiberglass Wet Well EA S50,000.00 550,000.00 'w Installation of Wet Well / Pumps LS $50,000.00 550,000.00 4 Tie to Existing Wet Well LS 57,500.00 $7,500.00 Yard Piping LS SI5,000.00 S15,000.00 b Suction and Discharge Pipmg LS SI5,000.00 $15,000.00 Valves LF $22,000.00 $22,000.00 8 Lift Station Accessories Cable Rack, Access Covers, Brackets I LS $4,000.00 $4,000.00 Floet.s, Lift Chains, Guide Rails, Guide Rail Bracket I LS $6,000.00 $6,000.00 ~ Electrical/Controls I LS Lift Station Controls {Permanent} I LS $21,000.00 $21,000.00 Bypass Controls (Bypass) I LS SI0,000.00 SI0,000.00 Antenna (Bypass) I LS 52,000.00 $2,000.00 Bypass Electrical (Bypass) I LS 515,000.00 SI5,000.00 Tnmsformer Pad (Bypass) I LS $2,000.00 52,000.00 Trenching / Conduit (Bypass) I LS 510,000.00 SI0,000.00 Lift Station Electrical (permanent) I LS 520,000.00 $20,000.00 10 Demolition I Misc. Site Work I LS 515,000.00 SI5,000.00 I j Standby Power - Emergency Generator 1 LS $45,000.00 $45,000.00 12 Odor Control System I LS $60,000.00 $60,000.00 13 Dewatering / Well Pointing 5 MO 510,000.00 550,000.00 14 SCADA System I LS 512,000.00 512,000.00 15 4" Crushed Limestone I LS $4,497 .23 $4,497 .23 16 Concrete Drive I LS $7,775.00 57,775.00 CMU Wall I Gate 1 LS 525,000.00 S25,000.00 Lift Station Construction Sub- Total 5594,772.23 12" Force MaiD Proposed 12" Force Main 3,500 LF 558.85 5205,975.00 .; Comection to 12" Force Main (LS # I 1 ) I EA $11,000.00 511,000.00 Force Main Construction Sub- Total $216.975.00 ~. ~TA~ eCllN"a.."~r...., . .t',"",", ~3 Professw.J Services Engineering 7.500AJ $60,881.04 Topographic Survey 2.00% 516,234.94 Contract Administration 2.00% $16,234.94 Testing (Geotechnical) 1.00% $8,117.47 Rigbt-of- Way Acquisition $16,995.00 ROW Surveying, Parcel Descriptions, & Maps fltoFarrt e.J1ft.. SfIIt'lle,S ;t;js.!.oq $\t'T."-. j Ie; ~ :I.,f PROJECT TOTAL: 597 10.63 II Exhibit C II Page 1 of 2 Nllilmilll """I. 11IF' & lie CniB B ~ P.E Cost I!sliIMIe M~ 9, 2005 GnadWclsByThea.y Lift SaIioa L..pv._1S c~~~~~~I.~~~~~~~~~~~~~~~ ~O~OOO!OOOO~OOOOOOOO~~ RmOMOON OO~N~OOOOO~~ONN - O~N~~ mO~MOO~mOO_.~~~ ~.~~~~N~~!.~~~N~NCC~~~~~ O-o~~~---~ ~--~--~m-M~NO ~~---- - N_ _ _______~ ~~ -- - ~ o _ tJ c . III u E'C .24. O~ :t:C ;:) 00000800000000000000 00000 00000000000000 O~O~N~.OO~MMOOOOOOOO~ omo~~ OO~M~OOOOO~mON ONN~ ~O~M~O~~Oo~~mm ~~~~ ~~~ ~ N~NOO~~~~ M ~~ ~~~ ~~~~~~M~N ~ ~ ~m ~ ~~~~~~~ ~ ~ :s! CD j . 0 e.... o J:2 III .s::. . -'u .~ Q. 888881888888888888888 oooool'oooo~oo08'8'!'00~0 O~ONN OO.ONOOO OONm ONO~~ 00.0_000 ~o~. ~~~~NN~~~~~CC~N~N~~~~ ~~----~~~~-~~N.NM_~NM -- _MN_ ______ ___ -- - - - 00000000000000000000 ooooooooooooooooooco OOOONOOO~~~OOOOOOOO~ 0~0~~000~~~00008000N ONO~ OOO~N~OOOO ~~om -~~~~ N~~ ~ OO~N~N~~~ ~~ ~ ~~~ m~N~NM~mN ;:)~ ~~ ~~~~~~ ~~ C o i '5 .c . .... 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C!J I !AI W z iJ ~ w w ;:, ~ ~ >- .oJ ..J-' wLLl uJID ~15 r/)..J ~~ %01 ~~ :iw >I-~ a::wi= wlJ:z (.)0;:> ~~~ -~::J (/}%o a::4::x; g~. <w~ ~;:>Cf.l Wu..LU ~ zz9 ~ WQ> c..'l C)..Jo w o~r::.. II:. ~OD.- n. oX io~~~ og UJ~::;):;;) 10:1;; o (.)oo....w3: ;:>I&.IWW0l:ull:: o9Q~I&.I.....Jz a::r::.~~CI)W< n.i1:o..Q.:>OI- , ; , I , I " ., j I , .! , ~;,:.: 3 t;::~ ~. H; :, i.,I.1' .1' Hf:~; :; (l',!'tI.1l " t::"~ :;; ,', i;:lt:: :: .,.1.\, .~1 ..' ll:l'~=i .::. .,. .t",~ ., !:',t;:: mj~;; Ilft:J; .~ ir,'~) " ',. . ~ ! l II L 1:; j -' ~ o z o (.) It) 00 0 r.;g~ 0 Vl ~: <"- 'i u:i ~g In ~:- M fjI) zm ;1 ., ,~; " "1 ::i ". ., 000018 0 ., 'J", . t g~~g c :r; .s) 16 .n .,.: .,.: 0- c :;) :;.,..,.v.-t: .. Q wi) 1&.1 C) ....I 10000 : ~! c l:;ggg : z gGiOoi Is en j: ! ..a~~ I- 0 I, , .. !. OlD :> 0 I uJ 0 i -' ~ ~ i I 0 ~I I- ~ Z -rr. C 2:0 ::)1- I : :l!i a~ il&.l z a:: 1&.1 !t!~ I 0 -1t-z ! ! t:; -l~ZW ~IL li- E ;i-OC) 0 ~~~~ ~~ = ! ~ :>Mo ; ~~ W :E....IOO 0 (.)wo~ ILIJ= ~ a:: C'lNIt'>O II II i&:~ 1-* ~~N ~. Exhibit D =,0 :;: &I.I~ 0J~ Cl:u. _ U w 0::; ill 0 t; Page 1 of 1 7 . Jj~ ~" ' t:.U Qa- ..a- LIT WOol,' i QQ.la A~S:- YQS:- ~ X~,fl Cost Estimate Greenfields by the Bay Lift Station and Force Main Lift Station and Force Main Quantity Unit Price Total Bid 1 ~onnection to Existing 16" FM 1 LS $6,300.00 $6,300.00 2 if)-foot Precast Cone. Wall 205 LF $201.83 $41,375.00 u,_~_.___ 3 15' Cantilever Gate 1 EA $14,000.00 $14,000.00 --.--.-.-- 4 24" PVC Gravity Sanitary Sewer 12 LF $600.00 $7,200.00 " -_._.. ..- 5 Trench Safety 1460 LF $1.00 $1,460.00 ---.. '--,'--.- ._-- 6 Adjust Rim Elevation of Exist. SS 1 EA $1,000.00 $1,000.00 7 Connection of 24" PVC to Exist Wetwell 1 EA $2,500.00 $2,500.00 .- 8 lift Station and Appurtenances 1 LS $373,000.00 $373,000.00 912" C-900 - DR18 3480 LF $59.00 $205,320.00 - 10 ~O" Steel Casing by Open Cut 40 LF $175.00 $7,000.00 11 ""sphalt Pavement Repair 15 SY $68.00 $1,020.00 ...,_._--_.._-"--,-- 12 Electrical Work 1 LS $93,500.00 $93,500.00 ---.-,-.--..-.- 13 l..ift Station Controls 1 LS $8,500.00 $8,500.00 t--- 14 Storm Water Pollution Pre'Jent~n Plan 1 LS $5,000.00 $5,000.00 - 15 Odor Control Unit 1 LS $134,500.00 $134,500.00 ---- 16 Demolition & Removal of Exist Lift Station 1 LS $10,000.00 $10,000.00 "-'~._"--""-~ 17 Concrete Dnveway 1 LS $33,000.00 $33,000.00 ._~._.__..~.__.__._- -- ~-"._-- ---'- 18 4" Crushed limestone i LS $10,000.00 $10,000.00 19 100 KW Diesel Generator! 189 Gal. Tank 1 LS $56,500.00 $56,500.00 _. ----- 20 Scada System by Rabalal?________ 1 LS $27,625.00 $27,625.00 ~-".._- .-- -....-..-----..-.....-- Sub Total Lift Station and Force Main $1,038,800.00 _..., _, ._.w ~_._._.__ .'._ ._..__. ""_'."'___._ _,'_ __._ ---- ~', -.'"....-..--. -_._.-- Professional Services 1 [Engineering 7.50% $60,881.04 ~--- ----- --','-.- -- 2 Topographic Survej" 2.00% $16,234.94 -. ------...-.- -~.-.- .------ - 3 Contract Administration 2.00% $16,234.94 ---_.~_.~.- --.---..-.-- 4 Testing (Geotechnical) 1.00% $8,117.47 ---.-'---.-.'- -'_.~.',,","._--,,---".- -- 5 Right-af-Way Acquisition $16,995.00 -- 6R.OyY' Surveying. Parcel Descrip, & Maps - $45,000.00 ..... -. .-.-..-.-.-.-.,-....-.-.--- -.-..--.--..-.--.-.-- Sub Total Professional Services $163,463.39 -_. ......- -.- -'''' ,-.- _...- -- --- .,,- --..-.. -. ,. ,.,,-,;..._~_.._.- __._ ..'_'___m'..,__ --_.. , Project Total $1,202,263.39 II Exhibit E II :III!!III!Il!" AMENDMENT TO SANITARY SEWER TRUNK FORCE MAIN AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE ST ATE OF TEXAS COUNTY OF NUECES This agreement amends Section 3, Section 5e, and Section 11 a of the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement ("Agreement"), dated May 12, 2006 between the City of Corpus Christi ("City"), a Texas home-rule municipality, PO Box 9277, Corpus Christl Texas 78469-9277 and AI Development, Inc., ("Developer"), a Texas Corporation, 6530 Samba Drive, Corpus Christi, Texas 78414, the Agreement is Incorporated herein by reference. the same as if recited herein verbatim, the terms and conditions shall remain in force and effect, except as amended, A Section 3 of the Agreement is revised to read 3 DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the Master Plan Lift Station and Sanitary Sewer Trunk Force Main under the approved plans and specifications, by May 31, 2008, subject to the tolling provisions set out below B, Section 5 of the agreement IS revised to read 5 DEFAULT The following events shall constitute default: e Developer's contractor fails to oomplete construction of the project, according to the approved plans and specifications. on or before May 31. 2008. C. Section 11 of the Agreement IS revised to read 1 REIMBURSEMENT a The City will reimburse Developer 100% of the cost of the Master Plan Lift Station and Sanitary Sewer Trunk Force Main, not to exceed $1,202,263.40, upon satisfactory completion testing, inspection. and compliance with approved plans and specifications. See attached cost estimate (Exhibit 3) II Exhibit F II Page 1 of 3 11/09/06 E)tECUTED IN TRIPLICATE originals this '}.H; day of qv6\1t~t~ ,2006. DEVELOPER AI Development Inc. B:~Q. y . eza Mostaghasi------- THE STATE OF TEXAS S S COUNTY OF NUECES S This instrument was acknowledged before me on the q 'ilf day of ,v(:;)t.~4~2006, by Alireza Mostaghasi, President. AI Development, Inc. a Texas Corporation. CHARLES F. IAIIH II Noary Public. State of T_ My Comrnialciii Exphe February 1", 2010 Page 2 of:1 11/07/06 CITY OF CORPUS CHRISTI ("City") POBox 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile (361) 880-3501 A,TTES" By: . Armando Chapa City Secretary By George K. Noe City Manager APPROVED AS TO FORM This Cft!I day of "'eo(eWl~e,. , 2006. G W mith. Assistant City Attorney For the City Attorney THE STATE OF TEXAS S S COUNTY OF NUECES S This instrument was acknowledged before me on the day of , 2006, by George K. Noe, City Manager, for the City Of Corpus Christi. a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas Page 3 of 3 11/07/06 Cost Estimate Greenfields by the Bay Lift Station and Force Main Lift Station and Force Main Quantity Unit Price Total Bid 1 Connection to Existing 16" FM 1 LS $6,300.00 $6,300.00 2 [6-foot Precast Cone. Wall 205 LF $201.83 $41,375.00 315' Cantilever Gate 1 EA $14,000.00 $14,000.00 --- 24" PVC Gravity Sanitary Sewer 4 12 LF $600.00 $7,200.00 --,,_.. 5 Trench Safety 1460 LF $1.00 $1,460.00 -'--"--..-"'-".--- .- 6 Adjust Rim Elevation of Exist. SS 1 EA $1,000.00 $1,000.00 - - 7 Connection of 24" PVC to Exist Wetwell 1 EA $2,500.00 $2,500.00 8 tift Station and Appurtenances 1 LS $373,000.00 $373,000.00 --...-.........---..- 9 12" C-900 - DR18 3480 LF $59.00 $205,320.00 ---. ~O" Steel Casing by Open Cut --------- 10 40 LF $175.00 $7,000.00 _._,_.,,- 11 Asphalt Pavement Repair 15 SY $68.00 $1,020.00 -...-.---.-..--.-...--,.--.--- 12 !-=Iectrical Work 1 LS $93,500.00 $93,500.00 - 13 Lift Station Controls 1 LS $8,500.00 $8,500.00 14 Storm Water Pollution Prevention Plan 1 LS $5,000.00 $5,000.00 -- Odor Control Unit LS $134,500.00 $134,500.00 15 1 16 Demolition & Removal of Exist Lift Station 1 LS $10,000.00 $10,000.00 1"'7 Concrete Driveway 1 LS $33,000.00 $33,000.00 II -'"''',~~- '-^-"-"'-.-.'''- 18 4" Crushed Limestone 1 LS $10,000.00 $10,000.00 - -- ----- . - 19 100 KW Diesel Generator /189 Gal. Tank 1 LS $56,500.00 $56,500.00 -_._-- 20 Scada System by Rabalais 1 LS $27,625.00 $27,625.00 .- -- -..----..,.--- .,'" Sub Total Lift Station and Force Main $1,038,800.00 -,,'''- .--'"'------------....-,-.---.-...-.---.-..-,.- - ,,-..-.-- Professional Services 1 ~Engineering 7.50% $60,881.04 _.. ---"-"-"-"'.."----' ,--",--'_.-'-<", 2 Topographic Survey 2.00% $16,234.94 - ----- ~_.._.- ---_. ...-',.---,--.- $16,234.94 3 Contract Administration I 2.00% - .-"..,...-.-....-- ~,~_.-.- 4 Testing (Geotechnical) ------.---+- 1.00% $8,117.47 .,_._~....,,-_. -...--. -,,-'. 5 Right-of-Way Acquisition ~-- ,,,-.---.,.,,,..,,.- $16,995.00 6R.O.W ?urveying Parcel Descrip. & Maps --.- $45,000.00 ----,---,.._.,- Sub Total Professional Services $163,463.39 ---~.- -_. -----.._---~---.~-_._--._.. -+. _.- ____r..~ '._'0_'.__ -- _..__.._,"__.......~o_..._."_. ..~..._.__. .__....,-_.._..._.~.,_._"_._,, .- Project Total $1,202,263.39 II Exhibit 3 II ~. Page 1 of 2 ORDINANCE APPROPRIATING AN ADDITIONAL $227,052.76 FROM THE SANITARY SEWER TRUNK SYSTEM TRUST FUND NO. 250410-4220 TO PAY Al DEVELOPMENT, INC., FOR THE CONSTRUCTION AND INSTAllATION SPECIFIED IN THE SANITARY SEWER TRUNK FORCE MAIN AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That an additional $227,052.76 be appropriated from the Sanitary Sewer Trunk System Trust Fund No. 250410-4220 to pay AI Development, Inc., for the construction and installation specified in the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement to reflect a cost increase for the reconstruction of the existing Master Plan Lift Station No. 1047 (Greenfields by the Bay), located east of Rodd Field Road and south of Wooldridge Road. SECTION 2. That upon written request of the Mayor or five council members, copy alached, 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 Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 14th of November, 2006. ATTEST: CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED as to form November 9, 2006 ~ -~,:w By: aJ/.-A)11.!:!! a~w. Smith Assistant City Attorney For City Attorney H:\lEG-DIR\Shared\GaryS\agenda\2006\ 11-14\Ord-AppropGreenfields.doc ..., Page 2 of 2 Corpus Chnsti, Texas .~___ Day of ____._________, 2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfu Ily, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Je8se Noyola Mark Scott H\LEG-DIR\Shared\GaryS\agenda\2006\ 11 . 14\Ord-AppropGreenfields.doc 19 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION DATE: November 14,2006 AGENDA ITEM: Downtown Redevelopment Committee Report CITY STAFF PRESENTER(S): Name Title/Position Department Irma Caballero Director Economic Development OUTSIDE PRESENTER(S): N"",. Chad Magill Monica McLeod Sawyer Sheldon Schroeder Cecil Johnson Mark Minutaglio Paula Dodd Title/Position Oraanization Member, Downtown Redevelopment Committee Member, Downtown Redevelopment Committee Member, Downtown Redevelopment Committee Member, Downtown Redevelopment Committee Member, Downtown Redevelopment Committee Member, Downtown Redevelopment Committee BACKGROUND: The Downtown Redevelopment Committee (DRC) is pleased to present recommendations for the revitalization of downtown Corpus Christi. Shown below is the membership of this committee. Angelica Flores Arthur Granado Brandi Williams Brian Miller James Chrobocinski Kevin Hopkins Leon Loeb Michael Perez Monica McLeod Sawyer Wayne Lundquist Cecil Johnson Daiquiri Richard David Y oskowitz Evy Coppola John Howell Kimberly Lemley Mark Minutaglio Michelle Peters Philip Ramirez Vangie Chapa Chad Magill David Loeb Eloy Salazar Gary Basinger Kay Aeby Leah Olivarri Paula Dodd Norma Urban Sheldon Schroeder Les Cassidy c7-~j ~ Irma Caballero, Director Economic Development - Kay Aeby Les Cassidy Simon Castillo James Chrobocinski Angelica Flores Kevin Hopkins Cecil Johnson David Loeb Wayne Lundquist Monica McLeod Sawyer Mark Minutaglio Michael Perez Phillip Ramirez Eloy Salazar Norma Urban Gary Basinger Paula Dodd Vangie Chapa Evy Coppola Arthur Granado John Howell Kimberly Lemley Leon Loeb C had Magill Brian Miller Leah Olivarri Michelle Peters Daiquiri Richard Sheldon Schroeder Brandi Williams Our Committee wishes to acknowledge the support provided by the staff of the City of Corpus Christi. particularly the support of the Economic Development Department. DOWNTOWN REDEVELOPMENT REPORT EXECUTIVE SUMMARY Over the last several years, the City of Corpus Christi has made significant financial Investment in downtown. This investment can be strengthened by the development of a thriving downtown community. We are pleased to present this Executive Summary of a full report compiled by the Downtown Redevelopment Committee. This report, aligned with the South Central Area Development Plan, is submitted in response to the City Council's goal to redevelop our Downtown. THE PROCESS The Downtown Redevelopment Committee (DRC) started meeting on March 29, 2006. A total of 22 committee meetings were held, not including sub-committee and other meetings. The group was composed of various individuals representing community and private sector organizations. Staff support was provided by Economic Development Department of the City of Corpus Christi. The group sought background information from a variety of sources. City staffprovided extensive information on projects. programs, and ordinances. Other organizations, such as the Downtown Management District, provided information on their projects and programs. Members of the group researched studies and efforts of other communities, and group members vlsited downtown Harlingen to view the results of their Mainstreet Program. Members of the committee wish to express their appreciation to all who assisted with this research, particularly city staff who provided invaluable support and information. After considerable background research and brainstorming, the DRC developed a Vision statement for the downtown of Corpus Christl. THE VISION "Downtown Corpus Christi is a safe, clean, pedestrian friendly community comprised of a central business district, arts and culture, sports and entertainment areas. This unique. vibrant waterfront community will provide local residents, tourists, and families opportunities to enjoy its fine restaurants, shops and residential facilities."p November 2006 The DRC group also conducted an analysis of the downtown area to determine strengths, weaknesses, opportunities and threats (SWOT analysis). Out of a long list of individual strengths, weaknesses. opportunities and threats, the group selected the top six in each category which are listed in the chart below. 1- SWOT ANALYSIS TOP 6 CATEGORIES STRENGTHS . Proximity to water & Water Events EntertainmentJ Arts, Culture, Events, Restaurants Proximity to touristslEvents Can be pedestrian oriented Center for employment Investing in infrastructure-water, sewage and drainage . . . . . WEAKNESSES . Lack of real plan . Vaeant buildings . Lack of housing . Improve our parksIMore usable parks . No grocery storelLack of retail . Visually unappealinglLack of maintenance/Graffiti OPPORTUNITIES . Council priority . Coastal location . Vaeant buildings . Urban shifts . Marina improvement . Restore the Ritz THREATS · Lack of marketing/Community perceptionlLack of identity . Divisiveness/Need to work together/Lack of leadership . Homeless population I · Lack ofknowledge/CooperationlAbsentee owners . Ineffective codes L_~~rain drain ._ November 2006 2 SUCCESSFUL DOWNTOWNS As discussed. research was conducted to benchmark what successful communities have done to create thriving downtown areas. As the DRe began to develop goals and strategIes, one study provided a recent and valuable overview. Research conducted by the Civic Fellows Programs of Cornell University provides a comprehensive description of successful downtown actions based on study of eleven downtowns across the country (Characteristics of'Successful Downtowns: Shared Attributes of Outstanding Small & Mid-SIzed Downtowns, Gary Fer!:uson. draft report. Seotember 2005.) The shared attributes of these successful downtowns as reported by this research are quoted in the chan. i I I I I I I I i I i I I I I I I I I , I I L . No Single Organizational Model Exists. Contrary to expectations, there are a variety of organizational models among the "great downtown" communities suggesting that the type of downtown organization IS less important than the overall ability of the community to deliver needed servIces Successful downtowns tend to have multiple traffic generators that supplemented the presence of a larger institution (s), all within short walking distance. Many, but not all of these traffic generators were purposely strategically located. Serendipity had as much to do with some location decisions as careful planning. Successful downtowns are beloved by citizenry. The area has regional significance, and there IS strong affection for the downtown. There is also controversy and debate. Successful downtowns have been and are continuing to overcome challenges and obstacles. Just because a city has a great reputation for its downtown, does not mean that it is exempt from challenges These cities share an innate ability to respond to and overcome challenges Successful doV\ ntowns are walkable. There is no single design model but, they possess street level pedestrian scale and are well used. Successful downtowns, by and large, had a commitment to mixed use development. Uses are generally nOI geographically separated in these downtowns. New projects have mixed use onentatlOns. The various uses tend to be integrated into the downtown fabric. Even when they are separated, they generally remain WIthin walking distance of each other. There is broad public/private investment in the future of downtown. All of "great downto-WTIs" surveyed in the study are actively planning for the future. They are implementing new projects that broaden the appeal and scope of downtown, and many of these projects have the involvement of a pro-active public sector. The nature of downtown retail appean to be in flux. As clothing or other traditional retailers close 01 choose to relocate, these cities report that the resulting vacant storefronts are being filled with restaurants. bars or other food and beverage oriented businesses able to pay higher rents. Local, mdependent retailers continue to dominate these areas. Entertainment is a driving market segment. Anchor projects help. All have been able extend the life .)f downtown beyond 5 pm, and all have strong and growing restaurant sectors There was a prevalence of strong, adjacent residential neighborhoods that are within walking distance of downtown. These neIghborhoods, many of which are upscale, provide a key base of patrons for downtown Downtown (CBD) housing was either prevalent or underway. The market for housing in the downtown was strong and growing. Affordability was a major issue faced by many, but residents were invaluable to the retail economy. Vniversities help but are not the sole answer. The presence of a higher institution of higher education does not by itself appear to be the deciding factor in determining downtown experIence. . . . . . . . . . . . November 200f; 3 THE DOWNTOWN FOCUS AREA The ORC spent considerable time discussing the focus area of downtown. The DRe recognizes that "downtown Corpus Christi" would traditionally be defmed as the area shown in green on the map below, or even a smaller area south of! 37 and perhaps east of the bluff or Upper Broadway. The DRC recommends, however, that a broader area be considered and included in redevelopment considerations. The broad area selected by the ORe, particularly from the perspective of housing and employment potential, is shown in yellow on the map below. While many of the DRC recommendations address the green area as an initIal focus, the DRe feels that the yellow area must also be addressed in order tor downtown te' develop. -' ~.f) N g. ~ ':D:r -.. ; J'J -~ >;!! ~ _ . .' t.") ~ ~ t - ~ i 'L.r~,jr,~ "I ~. 'II ~ ~I ;; ;:1' .~". ?: 6uf..>tC U !D If) VI ~..'€. t ;:. " .- <>> - C f~IY Sl . '2 l:!). tU MVn,:dll A,'f!! ~ ~";I,-.. "'5"., ,q~",,-y.:t.I)l: .' . ~I ,~ -"6'v ,.$.: , ,~,;. '-:0, J'!f ..... f"" l.. .) J:.' '\: ..... ~q; f:"~ l (J ..ll~f' S;'.;;'~C .:< [, . 'i' J:l' ,,~,9 '. ............ (, - ~ '" 4--';; .... 0. ' 0;;'1> $'.:-" ,,' s~' . ""':- - "C'" ..1/ t""'~ ,~ .;....~ "~/}'k,. ,'If &, ,~ ., Si ~ -:f !{- >tnf,olJ Ilitl .,. 'AnelllJjo - ~r,\ t.1~:>eLl Sl VI ~ l<i - J;> .. ~ of; - ..~ 'f! .,\': ' . I.) -' C) ~ -:r tj; J) .r; ;:a f! It " ~ ;'j ::1 c. (.)-' '.;:: c: '--of ", '~'-l .c:';;' ~~ 285 11 J; H.',.;..I.... SI l? " u, C "., ; 1 ,~, I, . ._'1. I November 200f! D:)'~..,.'1:0..,...n Area - 41 .Ii f , .Il': t, E $ '.. Of~"S~l.-" Si, ;1.~~8CIl s~ ~ Jr" .,}~ r-.;;..... ~,~ 'if;s{;' 0 ~ ~ ~ ;- -.sf cr !' . ,. F 4 " " ':l) ;z (: n .' )' "j .... CorPlUI Christl i I~." i"- CCt'l'ioII1Oh.Z\' 6t IZ I C to,(tIIEII\ ;,l (< ~ :e : ~ ."1," I , 1.1.t'~,. ~ ',.~.. "I ," . 4 RECOMMENDATIONS AND STRATEGIES Six (6) major topic areas were the basis of six subcommittees that developed strategies and recommendations The efforts and results of the work of each subcommittee were then reviewed, synthesized and revised by the DRC as a whole. These six major strategic or tOpIC areas were: . Designs and Plans . J nfrastructure . Policies . Business Development . Marketmg . Organizational Structure STRA TEGY ONE - DESIGNS AND PLANS The primary goal 0 f the planning recommendations is to improve and enhance connectivity of the neIghborhoods identified above by addressing the following means of connecti vit y: Pedestrian Experience Vehicular Access Event Public Transit Parks and Green Space Targeted improvement of the four elements of neighborhood connectivity demonstrates public commitment to Downtown Revitalization. Improved connectivity, in conjunction with other Strategies for incentives and abatements targeted at residential development, are the impetus to spark private investment. A downtown residential community is the engine for continued downtown revitalization. It is the engine to energize retail, restaurant, and office growth and the key to sustainable growth in tourism, convention. entertainment and hotel markets. Creating Downtown Neighborhoods that are active 2417 is the key to expanding these other markets. WhIle the recommended actlOns. detailed in the attachment, focus on the types of resIdential environments likely to develop in the detailed focus area the broader focus area, identified in yellow on the previous map, provides significant potential for revitalizatIOn of surrounding blighted and declining residential neighborhoods. Revitalization of these areas will be Important in providing desirable housing for middle and lower income residents working In a reVItalized downtown. November 2006 5 - STRA TEGY TWO - INFRASTRUCTURE Create a phased plan to make sidewalk improvements at minimum one block at a tune: a. Consistent and walkable sidewalks with pedestrian scale lighting, emphasIzing down lighting, safety, and ADA accessibility. b. Electrical, Fiber Optic, and Irrigation upgrades installed during sidewalk improvement process. c. Informational WiFi Kiosks at bus stops including interactive GPS bus locations, including wayfmding, and opportunities for business advert is mg. d. WiFi prepaid parking meters. Improve streets, intersections, connectivity and wayfmding signage entering, between. and exiting all downtown. a. Improve street rideability and brick paver installation. b. Traffic Engineering should provide recommendations to improve the traffic flow between all downtown areas and particularly after peak events to offer citizens the ability to spend their entire day/evening in downtown. c. Improvt~ traffic connectivity between S.E.A. town and DTown with emphaSiS on looking at Chaparral St. Continuing southward toward 137 as a two-way arterial with parallel parking. d. Where feasible, East/West streets in Dtown then become one-lane, one- way with angled parking to reclaim and add more street level parking in the DT(,wn area "{ Continue to support Marina Improvements understanding our unique downtown asset on water. a. Maximize visibility & usage, improve landscaping, and tourist retail/commercial interactivity on the T -Heads. b. SuppoI1 & Encourage a regional high speed water taxi to transport local commuters and tourists from Downtown to Packery Channel, Port Aransas. Ingleside, and Rockport. STRA TEGY THREE - POLICIES AND STRA TEGIES I. Increase residential development by: a. Incentives for residential conversions and new residential construction b. Providing incentives for retail and entertainment amenities - such as grocers. drug stores, specialized retail, private cable or satellite television systems. and cinemas - to serve existing and future residents c. Working with other public entities and the business community to enhance the availability and convenience of public transportation so that living downtown becomes a more attractive option. November 2006 6 Create a special plannmg and maintenance district (or adjust existing Bayfront zoning districts) to meet the following goals: a. Providing increased standards for the physical appearance and maintenance of buildings. For example, the boarding of ground floor windows of vacant buildings should be prohibited, and minimum window frontage requirements for new construction would create a more attractive and pedestrian-friendly appearance. h. I mplementing "adaptive reuse" principles in rehabilitating vacant and underutilized buildings for new uses. Such principles include the relaxing of parkmg, density. and other zoning regulations, flexibility in complying with bUilding code requirements, and streamlining of the project approval process '\. Create standards for designating downtown buildings as blighted and enforce those standards a. The stigma of having a deteriorated building in Corpus Christi designated as blighted would encourage the property owner to redevelop or sell the property. b. The City, at its option, could mspect and perform needed maintenance on blighted buildings and charge the owner for this work. Ifunpaid, the City could take a lien on the property to secure payment. c. A designation of a property as blighted under these standards could also be used as an initIal step in condemnation proceedings and as evidence in support of state and federal redevelopment grant applications. 4. Code enforcement must be swift and certain. Because of the importance of downtown to (JUT city's economic development efforts, code enforcement cases in the downtown area should be fast-tracked at all stages of the process, including calling for monthly Building Standards Board meetings to allow more constant rev Ie\\' . STRA TEGY FOUR-BUSINESS DEVELOPMENT Recruit more retail and commercial businesses to Downtown. a. Encourage the creation of a Downtown Merchants Association to work in partnership to work in partnership with the city's Downtown Task Force (DTF) which is described in strategy 6 and other groups. This group can function as advocates for the downtown merchants. b Continue to target city incentives such as tax credits, tax abatement and reduction of permitting fees to the downtown area helping to recruit business to the area. c Support new businesses during the fIrst 12 months of operation through the creation of rent buy down programs. d"-pprove the use of a marketing program to draw more pedestrian traffic to downtown businesses. November 2006 7 e. Market downtown to existing local businesses to encourage them to open locations in downtown. .~ Support existing downtown businesses. a. Encourage Downtown Management District to finalize plans for a downtown market, encouraging participation from downtown merchants. b. Full scale development of a WiFi community portal to assist downtown merchants in marketing of their businesses. c. Encourage the participation of local financial institutions to provide for loan pools and rent buy downs for downtown businesses. The DRC recommends that pnority be given to local merchants to reflect the local flavor of Corpus ChrIsti. Local art groups, Del Mar College and Texas A & M University should be encouraged to support the development of downtown retail shops, restaurants and residential development showcasing local talent. STRA TEGY F1VE- M4RKETING Brand downtown as a "Destination" by creating a visual identity and design standards fOl publicly funded items such as logos, signage, wayfmding, downtown entry way and pedestrian information kiosks. Develop a strategic marketing plan focusing on culture, residential, new and existing businesses, tourism. entrepreneurs, and the community using traditional and ne\\ medIa. Enhance and develop the downtown "experience" by establishing consistent public event~ and art experiences which could include: Wednesday night Sailboat Sunset Festival, murals, decorated benches and bus stops, permanent art installations, outdoor markets and park events. STRA TEGY SIX - ORGANIZA T10NAL STRUCTURE Establish a new and visible symbol of the City's commitment to renewal and to a new future for downtown Corpus Christi by creating a Downtown Task Force, headed by Economic Development and composed on city staff from various departments to expedite and foster development in the downtown area as defmed by the DRe. The DRC further recommends that at least one additional staff member be added to the Economic Development Department to help coordinate this task force and aSSIst with implementation of this plan, including monitoring of progress ") The Task Force will also research and bring forth recommendations to the City Council and Clty Manager on a financing plan for the implementation of this plan, with possible funding sources including use of annual budget resources, capital November 200h 8 ~"'.... Improvement bond program financing, utility revenue bonds, tax free housing fmance bonds, federal and state grant funds, other public and private funding sources mcluding local sources such as the RT A, and a tax increment financing zone (TIF), ORC members will establish an advocacy group (or enhance an existing group such as the Heart) which will help move the downtown agenda forward, work proactively wit h other organizations and invite the membership and participation all interested groups and individuals, including the City Council. CONCLUSION The ORC effort is only the beginning of a process that must involve a wide range of interests and stakeholders continuously in the future. This report must be viewed as a living document, subject to re-thinking based on future opportunities and challenges. Unfortunately. there are no easy answers or simple solutions to redevelopment. The ORe, however. hope~ that these recommendations will be the foundation for a more vigorous renewal of downtown Corpus Christi and result in: · More economic activity, particularly housing and commercial; . Less under utilized land; . Fewer vacant buildings; and · An aesthetically pleasing, cherished heart for the community. November 200h 9 20 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: 11/14/06) Case No. 1006-01- Y oonS! Men's Christian Association of Corpus Christi (YMCA): A change of zoning from an "A-I" Apartment House District to an "A-2" Apartment House District. The property being North half or Tract '''\'' of the Stillman Tract, located between S. Carancahua Street and Upper South Broadway, adlacent 10 the eXlstmg YMCA budding. PlanninS! Commission and Staff's Recommendation 00/04/06): Approval of a change of zoning from an "A 1" Apartment House District to an "A-2" Apartment House DIStriCt. Ieauested Council Action: Approval of a change zomng from an "A- 1" Apartment House District to an "A-2" Apartment House DIstnct Sammarv: . The Request: The applIcant IS requestmg a change of zoning for 0.174 acresl7,571 square feet from "A-l" Apartment House DistrIct to "A-.2" Apartment House District for the expansion of the YMCA bUlldmg currently located on the adjacent property to the south, . Zoning: YMCA lS not permItted to expand onto the property zoned "A-I" because this district does not permit the location of non-profit mstitutions, The remainder parcels owned by YMCA are located on property zoned "A-2" Apartment House District, which does permit the location of non- profit mstltutions. The zone change request for thIS portion of property will continue the "A-2" zonmg to the entIre property O\vned by )"MeA · "A" Apartment Hom.e Dlstnct prOVIdes for medlUm-densIty, multiple-family residences, garden- type apartments. assisted livmg facditJes, and the conversion of existing dwellings to apartments in older sectlOns of the cIty. The minimum lot SIze reqUIred is 6,000 square feet, with a maximum denSIty of 21.78 dwellmg umts per acre, The mmlmum front yard setback is twenty (20) feet with five (5) foot sIde and rear yards. The maximum height of dwellings may be forty-five (45) feet. The open space reqUlremen1 IS 35% of the total lot area . "A.2" Apartment House DIstrICt proVIdes for the hIghest density residential, transient residences, and certain institutional uses. It is generally located near or within the central part of the city. The mmlmum lot size reqUIred is 6,000 square feet, WIth a maximum density of 36.30 dwelling units per acre The mimmum front yard setback IS twenty (20) feet with five (5) foot side and rear yards, The maximum heIght of dwellings may he SIXty (60) feet The open space requirement is 30% of the total 101 area · Existing Land Use: fhe subject property Is located adjacent to the existing YMCA building complex and is being sllbdivided OUl of Tract "A" of the Stillman Tract. \genda l\kmurandum ase No i 1!06-0 1 (Young \ten s Cmstlan ASSOCldllon ill CC) Page 2 . Ctilities: ConnectIOn to Jtihtles wIll be determIned dunng the platting process. An 8-inch water line and J 1 O~Inch wastewate' line are availahle at the subject property. . Transportation: Appro\.imately 200 square feet of the new YMCA building will be located on the subject property for the lOne change. Based on 200 square feet, an additional traffic generation of 72. -.; vehlcle tnp ends per day IS expected. ThlS IS calculated for Sunday, the busiest peak day accordmg to the InstitutL' of TransportatJon Engineers Trip Generation Manual. The property will be sen cd by Upper South Broadway and South Carancahua Street. Upper South Broadway is a deSignated C-2 Secondary C'ollector and South Carancahua Street is a designated C-3 Primary CoJ1ector in the lrban T ransportatlOT1 Plan. Notification: Of the one (1 notice malled 10 the surroundIng property owners, zero (0) were returned in favor and zero (0) were returned In oppOSltlOn The 20%1 rule is not invoked. This case is considered non-controversial. ~~1\.i1 Deborah A. Marroquin, P.E. Intenm Director of Developme ~ MG/FGM/blp Attachments: 1) ZonIng Report 2) ZonIng Map 3) Planning Commlsslon Mmutes (10/04/06) 4) Ordinance H\PLN-D1R\SHARED\Beveriy\2006' C\1 006-01 AGENDAMEMOdoc CITY COUNCIL ZONING REPORT Case No. 1 006-01 Planning Commission Hearing Date: October 4, 2006 == ~ 4~ Q. 1_.'. .~ . ~ Q - < :., ~ ~ I Applicant : Young Men's ChrIstian Association of Corpus Christi (YMCA) I Owner Same as applicant ! Agent: Murray Bass Jr/ Bass & Welsh Engineering I Legal Description/Location: North half or Tract "A" of the Stillman Tract, located between S. I Carancahua Streel and Upper South Broadway, adjacent to the existing YMCA building. i .... .r; I =- ~~ i From: "A-I" Apartment House District ! To: "A-2" Apartment House District ! Area: 0.174 acres 17,571 sq. ft I Purpose of Request: To allow for the expansion of the YMCA building. '" ~ '" ;; "'0 I: ~ ~ "'0 == ~ ell == '= Q N ell == .... .... '" .... ~ ~ ~~t~ ~K\-1 ,. APa~~~:;~~ -~.-r;u i i DIstrict rVorthl "B-5" PrImary Busine~-- I Pr , I DIstrict js~utJ~-\-2" Ap~rtme;rtl:Jouse ~u : J DIstrict I I East" 1 "B-5" PrImary Busine~~ ~~-rv j , DIstrict ! r.'West "A-2" Apartme~~Hou~~'~-~, Pr !, , DIstrict! AB" ProfeSSIOnal ! I f--"-~_.L Office D1Stricl.~_ ___.. ..-.L.. Existing Land Use Future Land Use blic/Semi-public Commercial ofessional Office Commercial -------" blic/Semi-public Commercial --'""-..--.----..--- acant Commercial ofessional Office Commercial ~--"---~-_._~~-- - ~ '" t; ~i ~] .(:> i Future Land Use Plan: The future land use plan recommends commercial uses. The request for I the expansion oflhe existing .YMCA buildmg is generally consistent with the future land use [ plan. I i Map No. 04504-1. , Zoning Violations: None - unmg }<" pur ase No (lUb-01 iYM: A) Page 2 . The Request: The applicant is requesting a change of zoning for 0.174 acresl7,571 square feet from "A 1" Apartment House District to "A-2" Apartment House District for the expansIOn of the YMCA building currently located on the adjacent property to the south. . Zoning 'VM( A is not pemlltted to expand onto the property zoned "A-I" because this dlStrICl does not permit the location of non-profit mstitutlons. The remainder parcels owned bv YMCA arc located on property zoned "A-2" Apartment House District, which does permit the locatIOn 01 non-profit mst]tutions. The zone change request for this portion of property \\ 111 contmue he" A.-2" lOnmg to the entlre property owned by YMCA. . .. A-I" Apartment House Dlstnct prOVides for medium-density, multiple-family residences, garderHype anartments. assIsted hving faCIlitIes, and the conversion of existing dwellings to apartments in older sectlOns of the city The mimmum lot size required is 6,000 square feet, WIth a maximum density of 2178 dwellmg units per acre. The minimum front yard setback is twenty (20) feet With five (5) foot side and rear yards. The maximum height of dwellings may be forty,'nre (45) feet 1'he open "pace requirement IS 35% of the total lot area. c' = 13 . 13 = rr. rJ':. &: = - rr. . "A-1" Apartment House DIstrict provides for the highest density residential, transient resIdem:es. and certam msl1tutlOnal uses. It]s generally located near or within the central part of the uly 'PIe mm]mum 101 s]ze reqUIred IS 6,000 square feet, with a maximum density of 36.30 dwelling umts per acre The mmimum front yard setback is twenty (20) feet with five i 5) fOOl side and rear yards. rhe maximum heighl of dwellings may be sixty (60) feet. The open space reqUIrement is 30"/" of the 10tallot area Existing Land Use: The subject property IS located adjacent to the existing YMCA building complex ands bemg subdivided out of Tract "A" of the Stillman Tract. . Utilities: ConnectlOn to utiht]es will be determined during the platting process. An 8-inch water Ime aml a lO-inch wastewater Ime are available at the subject property. . Transportation: ApproXImately 200 square feet of the new YMCA building will be located on the subject property for the zone change. Based on 200 square feet, an additional traffic generation ot 72.75 vehicle tnp ends per day is expected. This is calculated for Sunday, the bUSiest peak day according 10 the Institute of Transportation Engineers Trip Generation Manual. The property WIll be served by Upper South Broadway and South Carancahua Street Upper South Broadway is a designated C-2 Secondary Collector and South Carancahua ~treet IS a deSignated C-3 Pnmary Collector in the Urban Transportation Plan. ~ C ~ Street Type Planned ROW I Pavement -r--__Existing ROW I Pavement 65 feet (41 feet back to back) Existing Volume 2001 2,530 ADT pper South Broadwa) ( '? ~ec( ll1dary Collector C.:1 Primary ( 'ollector .--r-------- 75 feet (50 feet back to back) 4,720 ADT - ~ ~ ~ - rr. South Carancahua St omng .k '"Pi ,] ase No Oilh-O I Y VI< A ! Page' ~ ..... ::l JI..... ~.f! 00 The property is currently not platted. A plat must be filed. ..... ~ ell ..... 4it = I Qi 1: a " a =-Q ~u rhe adjacent property IS developed with the existmg YMCA building. Expansion and renovation of the YMCA bUIlding will consIst of a 200 square feet expansion onto the subject property; therefore the zone change request was requIred, The adjacent property is zoned "A-2" Apartment House Dlstnct. = Q ... ..... ~ ="g .. ~ ~ a a Q ~ ~ :t: Approval of the .. \-2" Apartment House DIstnct = . .S = ..... ~ Q ~, = .; "0 i ... ~ =, ell'" ~ I = ! e, 0: ~ e I u 8! Qil ~: Approval of the "<\-2" Apartment House DIStrict 11 u:t: i Number of Notices Mailed 1 (all property within 200 feet is owned by the YMCA) i Favor: 0 I Opposition 0 I U\S of October 4. 1006\ Attachment: Zoning Map H:\PLN-D IR\SHARED\BeverlyI2006 PC'ZO\;RPTS\October\CC Repons] 006-01 CC YMCA Zoning Report,doc - - -~ -r--- t- ' (/):--- -~-- ~- ~ <( f--m--+ -, ~~----~--~ ~ ~ ~-- --~/ <( / SUBJECT PARCEL ~h--r-/ uL~~/ :i.~-'-'2- " '....... - -v --~7i----- I ~ . ~__...__.L.- --'- \ : COOPER'S ALLEY ;-\ lii -=:= ~=-:- ~l 5---1 <( ,-10-----5 T-i ~ -...11'- - -4 · -'-'33 ~ ~ ~---;- --3 - -2 ~ ~----r3---'- --2 -.~ ---1---- , z "14-- --, i z ..""t._~ :----------- __ _..oJ ~"_._~--,-_._~ KINNEY STREET - ...----- ._- fREE! I h ~A-2 AS A-1 ~ ~ o ;0 ~ ~-1CO r~.V1 ~ f-----s-~~... .~ g !~-~ r-- . . ~ _' W 6 0- __ 0- -r CJ) o c: -t :r: L~"-." ----l 09/18/06 SRR Z100601 F.~ r:,rm Rural Oistot: R-TH pwnholJ!>e Dwelling Oislnc RE Resident.at estalf' Distnct R~2 ~ultiple Dwelling Oistri(::j RA ;:)ne F....Uy Dwll!'illO\j Olstric1 r .1A "-avel Trailer Pari>: DIs.tri' f(."\ A One Famil~ Dwelling On.lric1 1.... pf1 '"' "','Ie f'.:r" :::'HslriC1 P.'B One Family Dwelhng vlstric:t f .1C 'V\afl!Jl...:'\,J'lo-!;.l h(l;n~' 1brf,'II'SII..' DIstrict f(.i( One Family O",eihng Otstric! A~1 -..io,p.nment Hou:;c':> Oislrlct A-1 A i\pIInmenl Hou". DIS1ricl A~2 .::.partment House District City of CorpUS Christl, Texas AT A.partment.Tourlst DIstnc:: AS PrOhtSSlonal Office Dis1f1c! Department of Development SerYlce~ I I /~ r-----/; I 7~ ~ \J~ L SCHA TZEL BORN 5T Notice Map B-1 NeIghborhood Business District t;-,A Neighborhood Busin... District 1-2 Light Incluetrlel Oletrlct 1-3 He.YY Incluetrl.1 Dlet,let Sf Specllll Permit PUO PI.nned Unit Development B-2.4 Barrier Island Busine.s District 8-:2 Bayfront Businesl District He Hletorlc.l-Culturel L.ndm8'" P,ese",.tian 80 Corpus Chri$ti Be.eh O..lgn Di..rict 8.3 Bus.iness District N A 0 50 100 200 n . Feet :3 ...\. General Business District 8-5 Primary Bu.,ness District 8-6 Primary Business Core District 1.1 Limited IndusHial District MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - October 4, 2006 5:30 P.M. IV. ZONING New Zoning Case No 1006-01 - Young Men's Christian Association: A change of zonmg from .. A-I" Apartment House District to an "A-2" Apartment House District North half or Tract "A" of the Stillman Tract, located between S. Carancahua Street and Upper South Broadway, adjacent to the existmg YMCA building. Shannon Murpny presented the above case requesting an "A-2" Apartment House District for expansion of a YMCA buildmg located between Carancahua Street and Upper South Broadway. The change in zoning to an "A-2" Apartment House District is required because a non-profit mstitutIOn is not permItted in an "A-I" Apartment House District. The expansion will consIst of 200 square feet overlapping the subject property from the adjacent property which is owned by the '{Me A. Surroundmg land use consists of commercial use and medium to high resldentm1 \'lith the zomng request bemg consistent with the future land use plan. There was only one 1.1 ) notice mailed a" all property within the 200 square feet is owned by the YMCA. Staff recommends approval. Public hearing \\as opened. Frank Tnmbe, WKMC ArchItects (representative), 909 S. Tancahua, Corpus Christi, Texas stated that the property whIch is located to the south of the subject property will overlap by a mmImal amOUn1. Public hearing \'vas closed Motion for approval of an "A-2" Apartment House District was made by Commissioner Skrobarczyk and seconded by Commissioner Huerta. Motion passed unanimously with Comm1ssioners Braselton and Pusley being absent AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY YOUNG MEN'S CHRISTIAN ASSOCIATION OF CORPUS CHRISTI (YMCA), BY CHANGING THE ZONING MAP IN REFERENCE TO NORTH HALF OR TRACT "A" OF THE STILLMAN TRACT, FROM "A-1" APARTMENT HOUSE DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Young Men's Christian Association of Corpus Christi (YMCA), for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 4, 2006, during a meeting of the Planning Commission, and on Tuesday, November 14, 2006, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all Interested persons were allowed to appear and be heard; and 'NHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTL TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on North half or Tract "A" of the Stillman Tract, located between S. Carancahua Street and Upper South Broadway, adjacent to the existing YMCA building from "A-1" Apartment House District to "A-2" Apartment House Distnct. (Map 045044) (Exhibit) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus ChristL Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance. as amended by this ordinance. Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A vIolation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, 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 Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 14th day of November, 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: November 8,2006. &t/~ --~----- Assistant City Attorney For City Attorney Henry Garrett. Mayor, City of Corpus Christi H:\LEG-OIR\Jeannle\Gary\1006-C' YMCA reg.doc Page 3 of 3 Corpus Christi. Texas _ day of___ ___ 2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus C h nsti Texas For the reasons set forth In the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it ~s introduced, or at the present meeting of the City Council. Respectfully, Respectfu lIy I Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia WMliam Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H:\lEG-DIR\Jeannle\Gary\1006-01 YMCA reg doc MURRAY BASS, JR., P.E., R.P.L.S. NIXON M WELSH, PB, R.P.L.S 3054 S. ALAMEDA, ZIP 78404 PH. 361 882-5521 - FAX 361882-1265 BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 FIELD NOTE DESCRIPTION September 12. 2006 Being a tract situated in Corpus Christi, Nueces County, Texas, described as the north half or Tract "A" of the StOlman Tract and being more particularly described by metes and bounds as follows: ItEGlNNING at the southeast corner of the north half of the Stillman Tract, being the northeast comer of the lOuth half ofthe StHlman Tract, said point lying in the west right-of-way line of Upper South Broadway whence a one inch iron pipe found for the northeast corner of Lot 4, Brayton Tract, bears S 10 41' 44" Eat 225.13 feet; THENCE S 800 58' 40" W along the south line of the north half of the Stillman Tract, a distance of 155.45 feet tD the existing northwest corner of the south half of the Stillman Tract and the southwest comer of this tract, said point lying in the southeast right-of-way line of the Midtown Traffic Exchange; THENCE N 470 23' 02" E along the southeast right-of-way line of the Midtown Traffic Exchange. a distance of 134.01 feet to a point for the northwest corner of this tract; THENCE continuing along the south right-ot-way line of the Midtown Traffic Exchange, N 870 52' 54" E, a distance of 52.92 teet to a point for the northeast corner of this tract. said point lying In the west right-of-way line of Upper South Broadway; THENCE S 1041' 44" E along the west right-at-way line of Upper South Broadway, a distance of 68.34 feet to the POINT OF BEGINNING forming a tract embracing 7,571.00 square feet (0.174 acres). Note: Bearings are Slate of TeXIS, Lambert Grid, South Zone NAD. 1927, U.S. Feet. 16028 Field Note Desc.doc ()J&l (00'0.. 0 \ ... 21 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City ('ouncil Actlon Date: ] 1/14/06) Case No. 1006-02 - J.P. Global Investments. Inc" A change of zoning from a "R-IB" One-family Dwelling District, "A-I" Apartment House District. "B-2" Bayfront Business District and "1-3" Heavy Industr!al Dlstnct to a "R-I " ResIdentIal Estate DIstnct. fhe property being 17.441 acres of Lots 9 and 10 out of SectIon 54, Flour Bluff and Enema] Farm and Garden Tracts, located on the northwest side of Laguna Shores Road betwel'n Lola Johnson Road and Hustlin' Hornet Drive (Purdue Road). ~nnin2: Commission and Staff's Recommendation 00/04/06): Approval ofa change of zoning from a "R-l B" One-family Dwelling District. "A-]" Apartment House Distnct, "B-2" Bayfront Business DistrICt and "1.3" Heavy Industnal DIstrict to a "R-F" ReSidential Estate District. ReQuested Council Action: Approval of a change of zonmg from a "R-IB" One-family Dwelling District" A-I" Apartment House Distnct, "B-2" Bayfront Business District and "1-3" Heavy Industrial District to a "R -E" ResIden1lal Estate DIstnct. Summary: · The Request: The applh:ant IS requesting a change of zomng for 17441 acres from "R-l B" One-famIly D\\ elling DIstnct. A-I" Apartment House District, "B-2" Bayfront Business Distnct and "1-3" Heavy Industrial DIstrict to "R-E" ResidentIal Estate Dwelling District for development of a large lot subdiVISIOn Except for some wetlands and a pond the property is vacant. The applIcant proposes t\; construct a l4 lot subdiVIsion on the property. · Zoning: The purpose of the "R-E" DIstrIct is to provIde for smgle-family residential development on large lots, In l\rtic1e 24 of the Zonmg Ordinance, the "R-E" District requires a minimum lot size of one !,1 acre or 4:-t.560 square feet, With a maximum density of one dwelling per acre. The minimum front yard setback IS fif;y (50) feet \\'Ith twenty,five (25) foot side and rear yards. The maximum height of dwellmgs ma) be 35 feet, Each lot m the "R-E" District must contain at least 150 feet of frontage There I~ no open space reqUlrernent m the "R-E" District. · Existing Land rse: The tract IS bemg subdiVIded out of Flour Bluff and Encinal Farm and Garden Tracts. SectIon 54 Lots 'I and 10 and IS currently undeveloped. · Utilities: Connection to utilitIes w1l1 be determined dunng the plattmg process. The proposed single- famIly development wi] connect to the City's water system through a 6 inch or 8 inch water line dependIng of Fire Depar1ment flow requirements An 8 inch wastewater line may be required to senlce the property as the CIty's policy IS to connect to the City wastewater system if a wastewater lIne is available WIthIn one mIle of the ~ubject property. The nearest water and wastewater lines are 10caIed on Hustlin Hornet Dnve (Purdue Road) approxImately 500 feet west of the subject properlY s \I,/est property line extended tc, . Hustlin Hornet Drive (Purdue Road). 'IIlIJIit, .,,,,,, :\genda \lemorandum Case No 006-02 I J P Cobal 1m stments, 1m Page 2 Transportation: Development of thIS property with the proposed large lot subdivision could generate approxImately 133 \ ehide lnp ends per day. The property wIll be served by Laguna Shores Road. Laguna Shores Road lS a designated P-1 Park'Way Collector Street in the Urban Transportation Plan. Laguna Shores Road, between Husthn' Hornet Drive (Purdue Road) and Graham Road is in the City's 2004 Bond Program for con structIon of two 12 foot Janes, two 4 foot shoulders without cur and gutter. No utilIty work, SIdewalks, ,~urb and gutter or street lJghtIng will be Included. Project completion is scheduled for May 2008 Netification: or the fort)-four (44) notIces maIled to the surroundIng property owners, one (1) was returned in favor and zero (0) were returned In oppOSItIOn The 20% rule is not invoked. This case is considered non-controversial. '" ~ I\fI / ~~~~ ~~~jt ~tNt1UN- Intenm Director of Development ~ces MG/FGM/blp Attachments: 1) ZonIng Report 2) ZonIng Map 3) Planning CommISShlTI MInutes (10/04/06) 4) Ordinance H\PLN -D 1 R\S HARED\Bever:y\2006C\] 006-02;\GEN Dil M EMOdo( CITY COUNCIL ZONING REPORT Case No.. 1006-02 Planning Commission Hearing Date: October 4,2006 ~ = ..... Q = - .:: ~ = c. .:= :f'C Q....J ~ c. ~ ~ Q Applicant lP Global Investments. Ine. Owner: Same as applicant Agent: Dan Urban, Urban Engineermg Legal Description/Location: 17441 acres of Lots 9 and 10 out of Section 54, Flour Bluff and Encinal Farm and Garden Tracts, located on the northwest side of Laguna Shores Road between lo]a Johnson Road and 'Hustlm Hornet Dnve (Purdue Road) .r! ~~ From: "R-l B" One-family Dwellmg Distnct, "A-1" Apartment House District, "B-2" Bayfront Business Dlstrict and "1-3" Heavy Industrial District To: "R-E" Residential Estate District Area: ] 7.441 acres / 759,730 sq. f1. Purpose of Request: To develop a single famlly subdivision. ---Z~~i;;g - i-- :~=IB" O;e-family D;-~lling I Va Dlstrict, '<\-1" Apartment . House Dlstrict, "B-2" Bayfront Busmess Distnct and "1-3" Heavy Industnal Dlstrict L "R-IB" One-family Dwelling !L:O Dlstrict -- --__ I "1-3" Heavy IndustnaL "B-2" i Va Bayfront Busmess, "A-I" . P Apartment House, and "R-2" Multi Ie Dwellmg Distrlcts I "R-IB" One-family Dwelling I Va Dlstrict ! "R-IB"One-fa~ilyD~elling I Va DJstrict ! de Existing Land Vse Future Land Use cant land Medium density residential w density residentJaI Medium density residential cant land with a wetland Medium density residential ond -_._"- cant land Low density residential - - cant land and low Commercial nsity residential -- ~ '" Q.. = Future Land Use Plan The future land use plan recommends medium density residential. The . Q ~.~ request for a low density resldentJal use is generally consistent with the future land use plan. ... - Map No.: 03503O! 03502lJ a ~ Zoning Violatiom: None -< ",.,.,., on: ng q Case '\l\ '06-1! j I '::d'lba \n\(:~imeli::', in, Page 2 c Cl: e e = r:.n .;F; E= Cl: - :J) · The Request: The applicant is requesting a change of zoning for 17.441 acres from "R-IB" ()ne-ramlly : )wellmg Distnct, "A-I' Apartment House District, "B-2" Bayfront Business Distn..:t and 1-3" Hea\'y Industrial District to "R-E" Residential Estate Dwelling District for ,ievelopment ()f a large lot-;ubdivision Except for some wetlands and a pond the property is acam The ,;DpllCant proposes to construct a 14 lot subdivision on the property. · Zoning: rh, pUrpOSe of the "R-F' [)]stnct IS to provlde for single-family residential ..1evel,)pment ,m large lot::, In Article 24 of the Zoning Ordinance, the "R-E" District requires <l mmllnum ,t size 01 acrt or 43,560 square feet, with a maximum density of one dwelling per a,:re He mmlmum front yard setback IS fifty (50 I feet with twenty-five (25) foot side md rear yards. The 'TIa~.lmum helght of dwellmgs may be 35 feet. Each lot in the "R-E" :hS1TH..:t mus' contain 31 leas! 150 feel of frontage. There is no open space requirement in the 'R-E Dlstn . Existing Land t:sc: rhe tract is being subdlvided out of Flour Bluff and Encinal Farm and (Jarden Trac..;. Section 54, lots 9 and] 0 and is currently undeveloped. · Otilitics: ConnectlOn to uttl111es w1ll be determined dunng the platting process. The proposed ..;mgle-famil:: development will connect to the City's water system through a 6 inch or 8 inch .vater 1ine dependmg of FIre Department flow requirements. An 8 inch wastewater line may ')e reqUIred III sen'1Ce the property as the City's policy is to connect to the City wastewater ;ystem If a \\astewater line : ~ avarlable wlthm one mile of the subject property. The nearest 'atel and -vastewater ]mes are located on 'Hustlin Hornet Drive (Purdue Road) approxImate 500 feet west nfthe subject property's west property line extended to 'Hustlin Hornet Drive (Purdue Road) · Transportation: Development of thIS property WIth the proposed large lot subdivision could generate approxImately 133 vehicle tnp ends per day. The property will be served by Laguna Shore~ Road Laguna Shores Road IS a deSIgnated P-l Parkway Collector Street in the Urban fransportatlOn Plan Laguna Shores Road, between 'Hustlin Hornet Drive (Purdue Road) ,md (rraham Road IS n the (' Ity' s 2004 Bond Program for construction of two 12 foot lanes, wo ..:. foot s:loulders Without cur and gutter. No utility work, sidewalks, curb and gutter or "treel l1ghtin", wlll be Included. Project completion is scheduled for May 2008. ~ -: 'wi ~ - ~ ~ lo. - :J1 Street Existing Volume 2001 4,210 ADT Tvpe Planned ROW / Pavement Existin ROW / Pavement 80 feet (40 feet back to back) 60 feet (20 avement/no curb) , 60 feet (40 feet back to back) 60 feet (40 feet back to back) laguna Shores Road J> ,I Parkwa) (ollector Husthn Hornet] )rive (Purdue Road) ( ", Collector 1 ,490 ADT '" 1;.2 i: ~ The applicant ha', filed a plat applIcation lor a subdIvision With the City. r:.n Lonmg k,:pur' ase!\o nOh-Oj d P .( ilabal ilvestment~, h~ Page' .... C r.#J ~ .... a ~ t e " e Q.~ ~ r ' QI...,i c .~ .... ~ "0 1:: = << QI ~ e e ~ ~ QI ~ · Development 0 the sIte for a large lot subdIvIsIon is compatible with existing uses in the area, · Rezomng to the 'REO. Residenttal Estate DistrIct would "clean-up" an incompatible zoning pattern of "1-3' Heavy' IndustrIaL "B-2" Bayfront Business, "A-2" Apartment House and "R- IB" One-FamiL Dwelling DIstncts. · [he 10\\ densit) character 01 the proposed distnct is appropriate for this low lying area and is generally more ~ensltlve to the surround natural wetland habitats than a higher density district. · [he City IS III the process of improving Laguna Shores Road which will serve the development. Approval of the "RE" ResIdential Estate DIstrict = ~ c-:: bll.S ~ = fI} .... 'c .~ ~ ; e e Q: ~ e u 8 ~ C' Approval of the "RE" Residential Estate District # cas ~ ;;. a .~ a ~ CD - ':..,)~ Number of Notice~ Mailed: 44 Favor: 0 OppOSItIOn 0 (As of October 4, 2006) Attachment Zonmg Man HIPLN-DIR 8HARFD\Beverlv\2006 h \ZONRPTS'Oc,ober 1006-02 lP Global Investments Inc ('C Zoning Report.doc -'", , '0j 9 f--_ ! 9 If-r. f'''','....,~:. ' "", / -...... I 5-'1 ; ~ I I I I '~ " "'..,/ Q91'f.... SRR F.R Fwm "..... a..-r RE -..-1Im...~ ItA One F..., 0...-.. DiIIIricI "-1. One"""" ~___ R.'. One FuoiIr ~ DIIIlriOl R.'C One F....., DwliIIRI DIIIlriOl ~ of Da I" AilIl s.rnc. ~> '-', .: i "--,.. 2 "'t---J ' . " '~~VlIwE~ ,", '" '--'- 3 i "'~ SA "'~ "'. "0 ~. / '" ....... . "-- 58", ... "'- .. ."'Z "~/' / ...... 'y 'i" ',. ' ~"'. 8f.Je. "~C.,.. A-1 ,o~~ C~{ 6 / .I Z100602 Notice Map R.TH T_se o-IIing o.u;a .., NeIgIo!>-l~....... DIs1rict ..,. ~...I............. ~ I-Z LigIIt ......... ~ 14 .-, ........ ..... ... .,... ~ PUD ....... UllII a 1 .. R-2 MuIlIpIe DweIkIt DiaIriC! T.,. TranlT_~DIsmc:I T.'. ................... ~ o.u;a T.' C ...................... " ,isloJI Dis1ricl IWA e.mw............ Oi*icl B-2 ~....... '*- aa eor,us ChriIMi ..... Design llistIct B-3 ....... DleIrlcI N A He 1.......'.-- _.~~ ~, ~ Hause DiIltrict ..,. ~...... DilIlrict A-2 ......-........ _ _ ___ ...... DleIrlcI 11-5 PIinwy __ DilItrict B-1 ~ ...... c:- 0IsIric:t I. \ Umi.a ~ District 41 .....-t.T_ DilItrict AS ............. 0IIic:e DilIlrict o 100 200 400 Feet - - --- MINUTES REGULAR PLANNING COMMISSION MEETING Connell Chambers- City Hall Wednesday - October 4, 2006 5:30 P.M. IV. ZONING 2. ~ ew Zoning b Case No. 1006-02 - J.P. Global Investments, Inc.: A change of zoning from an "1-3" Heavy Industrial District, "B-2" Barrier Island Business District, "A-I" Apartment House District, and "R-l B" One-family Dwelling District to a "RE" Residential Estate District ._ A portion of Lots 9 and 10 out of Section 54, Flour Bluff and Encinal Fann and Garden Tracts, located on the northwest side of Laguna Shores Road between Lola Johnson Road and 'Hustlin Hornet Drive (Purdue Road). Shannon Murphy presented the above case requesting an "RE" Residential Estate District fOr development of a 14 lot subdivision. The subject property is located between Lola Johnson llload and 'Hustlin Hornet Drive with surrounding land use consisting of vacant land and low density residential. The subject property consists of vacant land and wetlands and is compatible with the future land use. There were forty-four notices (44) mailed out with one (1) received in favor and zero (0) received in opposition. Staff recommends approval and noted that the City is in the process of Improving Laguna Shores Road which will improve development in this area, PublIc hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval of an "RE" Residential Estate District was made by Vice-Chairman Garza and seconded by Commissioner Huerta. Motion passed unanimously with Commissioners .Braselton and Pusley being absent. ..... AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY J.P. GLOBAL INVESTMENTS, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO 17.441 ACRES OUT OF LOTS 9 AND 10, OUT OF SECTION 54, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-1 B" ONE-FAMILY DWELLING DISTRICT, "A-1" APARTMENT HOUSE DISTRICT, "B_2" BAYFRONT BUSINESS DISTRICT AND "1-3" HEAVY INDUSTRIAL DISTRICT TO "R-E" RESIDENTIAL ESTATE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of J.P. Global Investments, Inc., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 4, 2006, during a meeting of the Planning Commission, and on Tuesday, November 14, 2006, during a meeting of the City Council, in the Council Chambers, at City Hall, In the City of Corpus Christi, during which all interested persons were allowed to appear and be heard and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 17.441 acres of Lots 9 and 10 out of Section 54, Flour Bluff and Encinal Farm and Garden Tracts, located on the northwest side of Laguna Shores Road between Lola Johnson Road and Hustlin' Hornet Road (Purdue Road) from "R-1 B" One-Family Dwelling District, "A-1" Apartment House District, "B_2" Bayfront Business District and "1-3" Heavy Industrial District to "RE" Residential Estate District (Map 035030) (Exhibit) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas approved on the 27th day of August 1937, as amended from time to time, H:\LEG-DIR\Shared\GaryS\agenda\2006\ 11- -. 4\1 D06-02JP.Globallnvestmentslncreg.doc Page 2 of 3 except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance. as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upor: written request of the Mayor or five Council members, copy attached 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 Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 14th day of November, 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: November 8, 2006. Henry Garrett Mayor, City of Corpus Christi aty 8m ith Assistant City Attorney For City Attorney ri \LEG-DIR\Shared\GaryS\agenda\;'006\1' -14\1 006-02J PGloballnveslmenlslnc.reg.doc Page 3 of 3 Corpus Christi Texas "_ day of ____ __ 2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi Texas F or the reasons set forth In the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and votillg upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfu lly I Respectfu lIy, .__.__ _...."__ M_~~ ...~_, .__ .._.-_.- _._--""~..,,.,---. Hen ry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia WHliam Kelly Rex A Kinnison Melody Cooper Jesse Noyola Mark Scott H:\LEG-DIR\Shared\GaryS\agenda ,.2006\ 11-14\ 1 006-02J. P Globallnvestmentslnc.reg.doc lLI U..AII ENGINEERING Job No. 40065.00.00 September 8, 2006 17.441 acres State of Texas Count of Nueces Filednotes for the rezoning of a 17.441 acre tract of land (not based on an on-the- ground survey) out of Lot 9 and 10, Section 54, Flour Bluff and Encinal Fann and Garden Tracts, a map of which is recorded under Volume A, Pages 41-43, Map Records ofNueces County, Texas; said 17.441 acre tract being more fully described by metes and bounds as follows: Beginning at a point on the centerline of Laguna Shores Road, a 60.00 foot wide public roadway, from which the centerline intersection of Lola Johnson Road, a 40.00 foot wide public roadway and said Laguna Shores Road, bears North 29000' 44" East, a distance of 150.00 feet. Thence, South 29000'44" West, along the centerline of said Laguna Shores Road, a dIstance of 1 ,] 75.09 feet for the south comer of this tract; Thence, North 61003'20" West, at 30.00 feet pass the northwest boundary of said Laguna Shores Road, in all a total distance of 408.02 feet for a corner of this tract; Thence, North 65015'20" East, a distance of336.25 feet for a comer of this tract; fhence, North 28037'40" East, a distance of 172.38 feet for a corner of this tract; Thence, North 00034'50" West, a distance of 138.32 feet for a comer of this tract; Thence, North 41013'20" West, a distance of 153.75 feet for a comer of this tract; Thence, North 04006'50" West, a distance of 52.69 feet for a corner of this tract; Thence, North 61003'20" West, a distance of 660.00 feet for the west comer of this tract; Thence, North 29000'00" East, a distance of 515 .07 feet for the north comer of this tract; Thence, South 61003'20" East, a distance of 1082.28 feet pass the northwest boundary of said Laguna Shores Road, in all a total distance of 1112.28 feet to the Point of Beginning and containing 17.441 Acres (759,732.95 square feet) ofland. (:361 )864-310: :;725 SWANTNER DR. . CORPUS CHRISTI. TEXAS 78404 mail@urbaneng.com FAX (361 )854-600 1 NtS~ lOO(P,-02. Bearings are based on the recorded plat of Lola Johnson Belk Addition, a map of which is recorded in Volume IS, Page 19, Map Records ofNueces County, Texas. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Urban Engineering 81:4 ~I ~ Dan L. Urban, R.P.L.S. License No. 4710 ~.t 100(0"'01, ~. 22 ~,.."- .\GENDA MEMORANDUM PUBLIC HEARING - ZONING (Clt) Council ActIOn Date: 11/14/06) Case No. lOO6-03-EI Paso Cuatro LLC A change of zoning from "B-1" Neighborhood Business District to a "B-4" General Business District. The property being 2.899 acres or 126,297.23 square feet out of a portion of Lot 10 known as lob 10E and 10F. Bancroft Farm Lots, located on Villa Drive approxImately 260 feet nonh of Leopard ptannine Commission and Staff's Recommendation 00/04/06): Approval of the "B-4" General Business District on the east 5 22 Al feet of the subject property (Tract 1) and denial of "B-4" on the west 180 feet of the property (Tract 2). In lieu of, approval of a "B-lISP" Neighborhood Business District With a Special Permit for a mIni-storage facility with five (5) conditions, subject to the site plan. ConditIOn;., of the Special Permit on Tract 2 are: ALLOWED USES. The vnly use authonzed by this Special Permit other than those permitted by right m the "B- 1" Neighborhood Business District is a mini-storage facility without outsIde ,.;torage of any type. The development of the mini-storage units must comply with the standards set forth In the "B-4" General BUSIness District and per the site plan. The mini-storage umts shall be onented such that the door access to the units do not face the adjacent residential propertIes '1 HOURS OF OPERATION The mini-storage facility will have 24-hour access. 3 LIGHTING. ;\11 extenor lIghting must be directIOnal and shielded. Lighting shall be directed away from adjacent reSIdences and public rights-of-way. 4 FENCING. A~even-foot Ci') non-masonry fence to be Installed along the northwest and northeast properly lines of Tract 2 abutting existIng single family lots. " TIME LIMIT fbis Special Permit expi res two (2) years of the date of this ordinance unless the property IS being used for the purposes outlined In Condition #1 and all other conditions have been complIed w1th Reouested Council Action: Approval of the "B-4" General Business District on the east 522Al feet of the subject property (Tract 1) and denial of "B-4" on the west 180 feet of the property (Tract 2), in lieu of, approval of a "B-lISP' NeIghborhood Business District with a Special Permit for a mini-storage facility WIth five (5) conditIOns, subject to the site plan '\genda \1emoranoum C:a.se No 006-03 (EI Pasu Cuatro LC i Page 2 S1ID1marv : · Tile Request: The applicant IS requesting a change of zoning for 2.899 acres from "B-1" Neighborhood Business DIstnct to "B-4" Cleneral Business District for development of a mini-storage facility. The "8-4" DIStrict allows for endosed mini-storage units without outside storage of any type. · Zoning The purpose of the "B-] " Neighborhood Busmess DIStrict provides primarily for retail shopping and personal serVIce uses to be developed to serve the needs of nearby residential subdivisions. · fhe purpose of the "8-4" General Business District IS to prOVIde sufficient space in appropriate locations for all types of commercIal and mIscellaneous service actIvities, particularly along certain existing major streets "..'here a general mix ture of commercIal and serVIce activity now exists, but which uses are not characterized by extensive \'arehousmg, frequent heavy trucking actiVIty, open storage of material, or the nuisance' factors of dust, odn, and nOIse assocIated \\ lth manufacturing · Elisting Land Use: The tract IS 2.899 acres out of Lot i 0 known as Lots 10E and lOF, Bancroft Farm Lots and is currently undeveloped and not platted. · Utilities: Connection to utilitIes wIll be determined dUrIng the platting process. The proposed mini- storage development will connect to the City's water system through an 8 inch or larger water line dependmg of FIre Department flow requirements. An 8 mch wastewater line may be required to service the property as the City's )olicy IS to connect to !he CIty wastewater system if a wastewater line is available wlthm one mIle oj the subject property. The nearest water and wastewater lines are located on Villa Dnve on whIch the sul1]ect property's fronts. · Transportation: Development of thIS property with the proposed mmi-storage facility could generate approxlmately 200 vehicle tnp ends per day The property will be primarily served by Villa Drive, a local collector street and Leopard Street, a designated arterial street on the Urban Transportation Plan. Notification: Of the twenty-nine (29) notIces maIled to the surrounding property owners, one (1) was returned in favor and one ( ) was returned m oppOSItIon. The 20% rule is not invoked. This case is cOBsidered non-controversial. ~~~~q~~ InterIm Director of Development Services MG/FGM/blp AUaclaments: 1) Zoning Report 2) Zonmg Map 3) Zonmg Map of Staff Recommended Alternatlve 4) SIte Plan 5) Planning CommIssion Minutes ( 1 0/04/06) 6) Ordmance !1\PLN-Dl!~ SIIARED\Beverlv'2006 ( ('II 006-03ACifNlJ\,v, FMO doc ~ CITY COUNCIL ZONING REPORT Case No. I 006-03 Planning Commission Hearing Date: October 4.2006 ~ I: ! Applicant: EI Paso Cuatro LIC - .S; I Owner Eloy Salazar I: -- 5 ~ .c..1 Agent: Wayne LundqUist Hutch Bryan ::.~ ~ Legal DescriptionlLocation: 2.899 acres or 126,297.23 square feet out ofa portion of Lot 10 ~ Q! known ~s Lots IOE and 10E Bancroft Farm Lots. located on Villa Drive approximately 260 feet ~ north of Leopard "treet - II From: HB_l" NeIghborhood Busmess Distnct To: "B-4" General Business District Area: 2.899 acres 126.297.23 sq. ft. Purpose of Request: To develop a mini-storage facility. rif.l ~ rif.l ;J "0 I: ~ I-i "0 I: ~ blI I: .... == e N ~ I: .... .... rif.l .... ~ ~ _.~.=+==~== .zoiiiDi.- :~~ . =+; Site I "B-1" NeIghborhood -! Va Business District i 'North . "R-1~" One-fam~~y Dwelli~ I DIstrIct and "A-I' Apartment I Mu , House District I anl South ! "B-4"General Busines;----~ i DIstrict . . .__ ..-----1- East ! "B-4" General Busmess I Co I District ---l- West i "R-1B" One-family Dwellmg I Lo ! District i .-.. --L... -- ..- .__.__~ _-----L-._ Existing Land Use Future Land Use cant land Medium density residential w density residential, Medium density residential lti-family residential, d Vacant land ltels and Vacant land Commercial -----..---...- mmerclal Commercial w density residentIal Single-family residential . -.-...-."-.--.-. ~ rif.l ca.= i'~ ~] =~ ~ Future Land Use Plan Westslde ADP: The future land use plan recommends medium density residentIal for the,;ubject property.. The request for a general business use is not consistent with the future land use plan Map No.. 049045 Zoning Violations None ~ umng h .pi ase No 006-0: i EJ Paso ..uaro U Page . C' = E E = rz. <Ie . i:: = ..... rz. . · The Request: The applIcant is requesting a change of zoning for 2.899 acres from a "B-1" Neighborhood Busmess DistrIct to a "B-4" General Business District for development of a mmi-stordge facility. The "B-4" DistrIct allows for enclosed mini-storage units without outsIde storage of any type · Zoning The purpose of the 'B-1" Neighborhood Busmess District provides primarily for retail -;hoppmg and personal servIce uses to be developed to serve the needs of nearby residentIal subdivlslom The purpose of the "B-4" (reneral Busmess District IS to provide sufficient space in appropnate locatIOns for al! types of commercial and miscellaneous service activities, partIcularly al\mg -:ertam eXlstmg major streets where a general mixture of commercial and senIce actIVitv no\\ eXIsts. but which uses are not characterized by extensive warehousing, frequent heay\ truckmg actIvIty, open storage of matenal, or the nuisance factors of dust, odor. and noise assocIated WIth manufacturmg. Existing Land l~se: The tract is 2.899 acres out of Lot 10 known as Lots 10E and 10F, Bancroft Fam Lots and IS currently undeveloped and not platted. l tiUties: ConnectIOn tll utllltles will be determined during the platting process. The proposed mml-storage development \\111 connect to the CIty'S water system through an 8 inch or larger water !me depending of FIre Department flow requirements. An 8 inch wastewater line may be requIred te serVIce the property as the City's policy IS to connect to the City wastewater system if a wastewater line IS available within one mile of the subject property. The nearest \vater and wa~tewater lmes are located on Villa Drive on which the subject property's fronts. · Transportation: Development of this property with the proposed mini-storage facility could generate approximately 200 whicle trIp ends per day. The property will be primarily served by Villa Drive, a local collector street. and Leopard Street, a designated arterial street on the lrban TransportatIon Plan ~ Street Type- r Planned ROW / Pavement Existing Volume r Existin2 ROW / Pavement 2001 C -.-.-- -- Leopard Street Artena] 130 feet (86 feet back to back) 11,850 ADT ~ 130 feet (80 feet pavement/no ..... ~ . curb) ~ "-_"--.._0.._,_,--- -.----.,-- +- ... V dla Drive Local ! 60 feet (40 feet back to back) 320 ADT .... "- Collector 00 ~eet (24 feet back to back) .- --.- _.- .-- .._~--"- --- +--- CIJ .. = ,3- ~S 'J1 rhe propertv IS nL' platted and l~ !'eqUlred 10 be platted before any building permits are issued. ... (lllmg ase No 006-0' \ EI Paso ('wuo L Page · Development 01 the sIte for a minI-storage facIlity is generally compatible with existing uses in the area However, staff IS recommending that the rear 180 feet of the property where directly adjacent to existmg smgle-famlly residences not be rezoned to "B-4" and in lieu of rezoned to "B-l" wIth an "SP" SpeCial Permit for a minI-storage facility. rIJ -= · Rezonmg the rear of the subject property where adjacent to existing single-family residences to ~ S'B- I" wIth an 'SP" Speciai Permit for a mini-storage facility would protect those adjacent 5 reSIdentIal area~ from any future attempt to use the property for incompatible uses permitted in I: ~ the "B-4" General Busmess DIstrict such as taverns, lounges or bars, amusement places, = automotIve repair busmesses, etc ~ 5 1: · rhe rear portIOn of the property is adjacent to single-family residences, The mini-storage a. faCIlity may negatively impact these residences, therefore a special permit is recommended for Q this portIOn of the property (Tract 2). Tract 2 of the subject property is the portion which is adjacent to the t:xistmg smge-family reSidences which front on Werner Street to the north and front on East CornelIa Circle to the west. The "B-IISP" NeIghborhood Business District with a Special Permit tor a mml-storage facility on Tract 2 will protect those adjacent residential areas from anyuture attempt to use the Tract 2 portion of the property for incompatible uses whIch are permJtted In the "B-4' General Business DIstrict Approval of the "f3-4" General Busmess Dlstnct on the east 522.41 feet of the subject property (Tract 1) and demal of "B-4" on the west 80 feet of the property (Tract 2), in lieu of, approval of a "B-lISP" Neighborhood Busmess District with a Special Permit for a mini-storage facility WIth tour (4! conditIOns, subject to the site plan, (ondltlOns of the \peciaJ PermJt on Tract 2 are: ~ ! . ALLOWED USES, The only use authonzed by thIS Special Permit other than those << permltted b\ right In the "B-1" Neighborhood Business District is a mini-storage facility 'E without outSide storage of any type, The development of the mini-storage units must is comply Wltr! the standards set forth In the "B-4" General Business District. The mini- S storage um:s shall be oriented such that the door access to the units do not face the B adjacent reSidentIal propertIes ~ ~ ~ 2. HOURS OF OPERA TlON The operatlOn of the mmi-storage facility shall be limited to ~ the hours between 8:00 a,m to 10:00 p.m LIGHTIN(., All extenor hghting must be directional and shielded, Lighting shall be dIrected away from adjacent residences and public rights-of-way. 4. TIME LIMIT. ThIS SpeCial PermIt expires two (2) years of the date of this ordinance unless the property is being used for the purposes outlined in Condition #1 and all other condItions have been complted WIth, .........'...;"Q! ! onmg l\ep,n\ ase 'Ill! .06-0 ( (F Paso Cu.; fTn Page 4 = .S = lrJ = .1 '.c 1-= E = C> ~ ~ S US .1 = C CJ =~ ;: c\pproval of the "B-4" General Busmess Dlstnct on the east 522.41 feet of the subject property (Tract 1) and den ial of "B -4" on the west 180 feet of the property (Tract 2), in lieu of, approval of a "B-l/SP" Ne:ghborhood Busmess Distnct with a Special Permit for a mini-storage facility \\Ith four (4) conditions, subject to the site plan. wlth a reviSlOn to condition number 2: 2. HOlTRS OF OPERATIO",. The mlm-storage facility will have 24-hour access. And an addltiona, two (2) condiuons: FENCINf; A seven-foot l7') non-masonry fence to be installed along the northwest and northeast property lmes of Tract 2 abuttmg existing smgle family lots. 2 SITE. Removal of the twenty-foot (20') gap between the storage buildings in the rear of the properTy as shown on the site plan. I] E 'CiS I CJ e ~ ~~ Number of Notices Malled: 29 Favor OppositlOn 1 (As of 10/04/(6) Attachment: 1 Zomng Map 2 Zonmg Map of Staff Recommended Alternative H:\PLN-D!R\SHARFD\Be\ (', 1)\2006 r'c\ZONRP"S\O.:lo0eJ \! 006-03 Zoning Report,doc ~"- ! ',,- I 2 I 1'-_ ! " ~'Y : / kC~E-~f/ ~--'--'~--'-'-'-- -- -: i I ! 6 ; 8 4 3 211 J( 8-4 09/19/06 SRR ~R ~arrr, Kurai District RE. Resi,"'tr'~,\,al Estlle Ui$tncl i-, Dlle F :>~~;,.. DweMing District r.. - ~,p One Family Dwelling District -IB One Family D~ng Dlsl"C! I 'Ie L_--"! Famil\i Dwelling District City 01 Corpus Christi, Texas Department of Development Sen',ces / "-- ? !'~,~ANCRfFT ~ARM "-I B I / _.L___ LEOPARD STREET 3 Z100603 R fH Townhouse Dwelling Distric! B-1 Neighborhood Business District S-1A Neighborhood Business District B-2A Barrier Island Business District 1-2 Light Industrial District R-2 Mullipl~ Dwelling Dist"c! T C:p Travel 'Tfailer Park District 1.3 Heavy Ir.\.iLlstrial Ol~!rict SF' :""clal Perrnit PUD P!anMo; Unit Development 1 ~ B Manufactured Home Park District 8.2 8ay1rv.~t t3lJ::u.;:::-:- I)idrict .,,; Hi~t"rlcal.cultural Landmark Preservation N A 0 50 100 200 ~-- . Feet T , C Manufactured Home Subdivision District A Apartm€'nt House District AiA Apartmfmt House District BD Corpus Christi Bedell Ut..sl~~l I)i:"fl~i. B<~ Business District 6--4 General Business District A Apartment House DistrIct 8.5 Primary Business District A' Apartment~Tourist District AB Professional Office District 8~6 Primary Business Core District "I Limited Industrial District o 2 Notice Map 8 7 8 ! I 413 I 2 LEOPARD STREET Staff RecoMmended Alternative F~ F_ ............ IE - . .............. ItA 0ne,...,......1*lItcI R.1A OneF....,......1*lItcI ..... o 2 B-1 Z100603 R-l)4 T........ o.IIng DiItItcI R.,'I ...... DMIIng DI*lct T.1A ~ TJlIiIIr PM! ~ T.1. ................. PM! DIA1ct T -1C ............,......... '<l ~ iA... DiIIlrlct ...., ~"-DIRlct ....1A AI*-..r"- DIRlct A.,'I ~....... DIRlct AT ~TaurleI DlWIcI All F<..A , 0IIIce Di8lrict ., r' _ 1--<11I -....- DiIIrlat .,A r' r,,' 1-.4_...._DiIIrlat IWA ...................... 1.,'1 LIIIIt .........1*IItct 1-3 ...,....... DIIIrIct .. ....... ,...... I'UD PIIIInId.... DJ.llap1l1111t He .......lI ~uIII"'" LaIIdIIIIrJl"_.don B-2..,.......... DtIIrIct BD c...- CJIrIIII..... o.Ign a.tct 11-3 ...-.- DIIMct Bo4 o.n..e ..... DiIIrlat W ~..... DiIIrlat B-1 PriIMIy ..... c.. DIA1ct 1-1 LIInIIId ........... DiIIrlat N A o 50 100 200 Feet ,."MIt SRR -- - 10' Bldg Privacy SetbacK FMce ~ . O"E \ 241. 04... .J!Z.~:..~J..fJ--. ....~", ~;;.. ~~; ~ - - . Ii ~r~ Privacy 10' ".rift I, ~.~ I Fence Setba7 'fii ~ I !~822'8~22'r3~' 6f ~~~~. ~~ :1 14, . 7 . 15 - 18 - 8 8 I ~i ~ Ii - - 1 I ~ ~!18 8 8 r~1 :!i "I . 2 9 13 220 I I~' 2 22' 2 22' 2 22' 2f " ::1 L;l W [] ~ I II: [j LJ Lj D: III I Trash 3 8 I ::m~ 42 Kt ~ 0. <D 22 I II'~ ~ I r ~,... ,Ff; W.d I "i" '~" 3 - _ 'If~:~ 'r:<l - ~ Jl II~ r G(..:.I ;I: , r'-- .I {_.'[t.. :0 .......,. .~~j'!. .':\\.0 ~.s ~t,~"'~ 7\tfb,'''- '''---', 35~',' ?;,"~'~ )~, ',)1';: -: ' '.r,~_ ~~t -$ '43"fiO-W_ 240;9't'-- ----..- VILLA DRI VE: Revleed 31 OCT 2fZ>tD6 Ravl~ .. OCT 2ellr)6 RavIMd 2 OCT 2tDe6 .~anc arcltitechral enghterng 7701 e. kellogg suite 722 wichita, kansas 67207 (316) 682-8989 fax (316) 684-3984 e-moil timOtlae.net Ut~e.IOOfR""03 ~ i t--! \f>\~ SITE AFEA = 3.81 Acrcn (168,!;cae eC!. fU PAFiKING (1) STALLS TOTAL (I) ADA Van Ac:c:..eable &T~ 6UILDING& ( - ) 3tZ> x 6tZ> II ( I ) 3tZ> x 1tt> . ( 11) 3tZ> x 8tZ> = (2) 3tZ>x~ .. ( 2 ) 3tZ> x 1tZ>e>. ( 1 ) 3tZ> x 21tZ> . ( 1 ) 4tZ> x 60 . (4) 4tZ>x8tZ> . ( 1 ) 4tZ> x 1tZ>e>.. TOTAL STORAGE. 6~,4tZ>tZ> eq. ft. Plue OFFICE. o1.18tZ> eq. ft. $DirlE 81f'{UJ1Q))1 6CALE, IN . ItZ:If:)' - 6q. ft. 2,1tZ>tZ> aq. ft. 26,4tZ>tZ> eq. ft. !; ,4tZ>tZ> 6"1. ft. 6 f/)tZ>tZ> 6"1. ft. o ~tZ>tZ> 6"1. ft. 2,4fZ)fZ) e"l. ft. 12~ ."1. ft. 4f/)tZ>tZ> 6G1. ft. ~ l'!llC2t81 T...I. ~ I&I.A6 ......17...1 ~ IIOtI ......IMI~ ~,.. MUCY ON&."'. ACTUAL. ..,.. C>I""~. COOIIII:)INA~, Ta-o~.,.. MTaAaca, ....lt~. L.ANC LaM..,-c.....,ALL _ ....~IIIC>. project ~LIMINARY SITE STUDY CORPUS Ct-RISTI, TX -:3 client El Pa.o Cuatro, LLC date 28 Sept 'l'Z>6 by TL job no. sheet ONE of ONE MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - October 4, 2006 5:30 P.M. IV. ZONING 2 New Zonmg c. Case No. 1006-03 - EI Paso Cuatro: A change of zoning from a "B-1 Neighborhood Business District to a "B-4" General Business DistrIct ___ __ ____ 2.899 acres out of Lot 10 known as Lots lOE and lOF, Bancroft Farm Lots, located on Villa Dnve approximately 260 feet north of Leopard Street. Mic Raasch presented a slIde presentation for the above mentioned zoning request requesting a "B-4" General Busmess Distnct for the purpose of developing a mini-storage facility The subject property is located on Villa Drive north of Leopard Street and mvolves two (2) tracts; Tract 1 located on the front two-thirds of the property that is zoned 'B-4" General Business District and Tract 2 which is located on the rear one-third of the property. Mr. Raasch stated that Staff recommends approval of "B-4" for Tract 1 and, in !leu of a "B-4' General Busmess District for Tract 2, Staff recommends a "B-1" Neighborhood Business Distnct with a Special Permit for the rear 180 feet of the subject property. The Special Permit wIll protect the residential areas on Werner Street to the north and on East Cornelia CIrcle to the west from incompatible uses permitted in the "B-4" General Business DistrIct and place the following conditions on the property: ALLOWED lJSES: The only use authOrIzed by this Special Permit other than those permItted by nght m the "B-1" Neighborhood Business District is a mini-storage facility WIthout outside storage of any type. The development of the mini-storage units must comply with the standards set forth m the "B-4" General Business District. The mini- storage units shall be oriented such that the door access to the units do not face the adjacent residential properties to the west and north. 2 LIGHTING: All extenor lIghting must be directional and shielded. Lighting shall be dIrected away from adjacent residences and public rights-of-way. 3 FENCING: \ seven-foot (7) non-masonry fence to be installed along the west and north property Imes of Tract 2 abutting existing single family lots. 4, Removal of the twenty-foot (20') gap between the storage buildings in the rear of Tract 2 as shovm on the site plan. 5 TIME LIMIT: Trus SpeCIal Perrmt expires two (2) years of the date of this ordinance unless the property is being used for the purposes outlined in Condition #1 and all other conditions have been complied with. Planmng Comrmsslon Minutes October 4.2006 Page .~ Mr. Raasch stated that thIrty-one (31) notices were mailed with one (1) notice received in favor and one (1) received in opposition In answer to ConunisslOner Skrobarczyk' s question, Mr. Raasch stated that the ingress and egress would be from Villa Dnve PublIc heanng \\as opened Victor Lara, 43 ~ Villa Drne.. Corpus Christl, Texas stated that he has lived in the neighborhood for forty (40) year~. The neighbors have made efforts to maintain the upkeep of the neighborhood and for years thIs neighborhood has fought drugs, prostitution and the changing of HIghway 9 to Highwa \ 37 There have been restaurants and busmesses in the area such as KFC and Eckerd Drugs that have been lost and the area has the two (2) worst shoppmg centers in Corpus Christi. Mr. Lara voiced oppositlOn to the zoning request stating additional storage units are not needed as there are already two (2) rental storage businesses in place with Oakpark School directly across the street. This neIghborhood needs the cooperation of Planning Commission and other city organizations. Bryan McKool, :-134 Omaha, Corpus Chnstl, Texas stated that the neighborhood do not need another set of storage umts. There IS a storage sIte on Navigation Road and Up River Road and another set of storage units located on Lexington Blvd. Family oriented use is what is needed \vith thIs piece of prop en v . Yolanda Carpenter, 4025 Up RIver Road, Corpus Christi, Texas stated it has taken the area ten (10) years to ciean up Villa Apartments, an apartment building that has had drug and prostitutIon problems. Through these efforts, a dIfferent mindset has been replaced by what was there before. Now, the development of these storage units will take away what has already been accomplIshed. Wayne LundqUIst, Cobb. Lundquist & Atnip (Representative), 700 Everhart Avenue, Corpus ChrIStI, Texas stated that the owner, V-Stor of America has three (3) other successful 10catlOns in Corpus Christi. U-Stor of America has ninety-four (94) nationwide locations and is a first dass project with 00% occupancy at each 10catlOn. For thIS project, there is 3.88 acres frontmg onto Vtlla Drive and there are four (4) condittons subject to the approval. The developer has redesigned the project to comply WIth Item #1 which involves door access not facing the adjacent reSIdentlal properties and Items #3 and #4 will not be a problem. Item #2 which is a reqUIrement for operating hours between 8:00 am. to 10:00 p.m. will be a problem as U-Stor advertIses being open 24 hours a day. seven day~ a week natIonwide. The average trips per day are lorty (40) with 4.5 tnps between the hours of 10:00 p.m. to 8:00 a.m. Mr. Lundquist stated that the three (3) U-Stor projects which back up to residential areas in Corpus Christi have never had a complaint Mr. Lundquist further stated that climate control units are not a part of the project due to the cost fador per unit In answer to ComrmsslOner Martmez. faryce (ioode-Macon stated the zoning ordinance reqUires a SIX (6) foot wood screenmg fence. Plannmg COmllllSSllln \iuutes October 4, 2006 Pagt 3 Vice-Chamnan ,iarza stated ownershIp of propertIes In the area and is sympathetic to the concems of the neighborhood, It IS hkely that thIs area WIll not remain as it has in the past and in the future the older houses WIll more than likely be remodeled as this area is in a transitional stage, fhe goal 1S for investments to be made to this west side portion of Corpus Christi. With the apphcant lnvestmen' of approxImateiy $1.5 million to the project, it is believed research has been done as to the prohtabil1ty of the project. VIce-Chairman Garza stated that he believes this mvestment wi 11 be posit ve bv bnngmg development to the west side which is needed. COmTI1lSSIOner '] amez thanked the neIghbors for their attendance and input and stated the Importance of staving open mmded with the project and the positive addition it will be for the neighborhood CommIsSIOner Kelly stated that there are still some concems regarding the 24 hour access because of the eveninio! traffic Overall from lIstenmg to the presentation and obtaining mformatlOn on ,he area, M<. Kel1y;;tated she belIeves It will be a good addition to the neighborhood Yolanda Carpenter, 4025 Up R]ver Road, Corpus ChristI, Texas stated that the overall look of the project is good and was glad to hear that the building would be brick concrete which should be very solid. Ms, Carpenter questioned fencing height and employee coverage at the site. Ms C'arpenter stated the Importance that an officer ]s on site with a motel located right next to the storage umts. ln answer to Commissioner Skrobarcyzk' s question, Wayne Lundquist stated the project will have controlled gates with traceable IdentificatIOn cards and onsite security cameras. CommISSIOner Skrobarczyk stated concem about abutting to the residential properties and the twenty (20) foot gap between the residential properties and the rear storage units. ComTI1lssioner Huerta stated concern for the hours of operation for the neighborhood and the installation of a seven (7) foot masonry fence along the north and west side of the property Faryce (Joode-Macon stated that a revised site plan needs to be provided showing the changes Mr Lundqu]st stated dISCUSSIons have been held with the buyer. All of the nationwide sites have 24-hour access and the buyer ]s not interested m the zoning without the 24/7 hours of operatIOn. Regarding the masonry fence, Mr. Lundquist stated that a non-masonry screening fence would be much more cost effective for the applicant Vice-ChaIrman Garza stated the concem IS to mimmize the noise level with a masonry wall As long as there IS a fenced perimeter, the chances of illegal traffic congregating in the back portion of the property will not be likely. Possibly, the gap between the rear storage units and the resIdentIal properties could be el1minated Public hearing was closed PlanJllllg ('OmmlSSIOn Minules October 4 2006 Pagt' -1- MotIon for approval of "B-4" General Business DIstrict on Tract 1 and "B-1" Neighborhood Business District with Special Permit ("SP") on Tract 2 was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez subject to five (5) conditions as follows on Tract 2: ALLOWED USES: The only use authorized by this Special Permit other than those permitted by right in the "B-1" Neighborhood Business District is a mini-storage facility Without outside storage of any type, The development of the mini-storage units must comply WIth the standards set forth in the "B-4" General Business District. The mini- storage units shall be oriented such that the door access to the units do not face the adjacent residential properties to the west and north, LIGHTING: A I exterior lighting must be dlrectlOnal and shielded. Lighting shall be ,hrected away from adjacent residences and publIc nghts-of-way, , FENCING: A seven-foot (T) non-masonry fence to be installed along the west and north property hnes of Tract 2 abutting existing single family lots, ...; Removal of the twenty-foot (20' I gap between the storage buildings in the rear of Tract 2 as shown on the site plan ~ TIME LIMIT: This Special Permit expires two (2) years of the date of this ordinance unless the property is being used for the purposes outlined In Condition #1 and all other ,,~ondltiom have been complied WIth. Motion passed unanimously WIth Commissioners Braselton and Pusley being absent. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY EL PASO CUATRO, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 2.899 ACRES OR 126,297.23 SQUARE FEET OUT OF LOT 10 KNOWN AS LOTS 10E AND 10F, BANCROFT FARM LOTS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT 1 (1.910 ACRES OR 83,201.18 SQUARE FEET) AND "B-1/SP" NEIGHBORHOOD BUSINESS DISTRICT WITH A SPECIAL PERMIT ON TRACT 2 (0.989 ACRES OR 43,096.05 SQUARE FEET); AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of EI Paso Cuatro, LLC, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 4, 2006, during a meeting of the Planning Commission, and on Tuesday, November 14, 2006, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 2.899 acres out of Lot 10 known as lots 10E and 10F, Bancroft Farm Lots, located on Villa Drive approximately 260 feet north of Leopard Street, from "B-1" Neighborhood Business District to "B-4" General Business District on Tract 1 (1.910 acres or 83,201.18 square feet) and "B-1/SP" Neighborhood Business District with Special Permit on Tract 2 (0.989 acres or 43.096.05 square feet). (Map 049045) (Exhibit) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance ;s subject to a site plan attached as Exhibit A and the following five (5) conditions: 1. ALLOWED USES: The only use authorized by this Special Permit other than those permitted by right in the "B-1" Neighborhood Business District Page 2 of 4 IS a mini-storage facility without outside storage of any type. The development of the mini-storage units must comply with the standards set forth in the "B-4" General Business District. The mini-storage units shall be oriented such that the door access to the units do not face the adjacent residential properties. 2. HOURS OF OPERATION. The mini-storage facility will have 24-hour access 3. LIGHTING. All exterior lighting must be directional and shielded. Lighting shall be directed away from adjacent residences and public rights-of-way. 4. FENCING. A seven-foot (7') non-masonry fence to be installed along the northwest and northeast property lines of Tract 2 abutting existing single family lots 5. TIME LIMIT. This Special Permit expires two (2) years of the date of this ordinance unless the property is being used for the purposes outlined in Condition #1 and all other conditions have been complied with. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, 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 Charter rule as to consideration and voting upon ordinances at two H\LEG-DIR\Shared\GaryS\agenda\2006\11-14\1006-03 Ei Paso Quatro sp.doc ..... Page 3 of 4 regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 14th day of November, 2006. ATTEST: CITY OF CORPUS CHRISTI Henry Garrett. Mayor, City of Corpus Christi Armando Chapa City Secretary APPROVED: November 8, 2006. ~c..rAJdL ary . . Smith Assistant City Attorney For City Attorney H \LEG-DIR\Shared\GaryS\agenda\2006\ 11.14\ 1006-03 EI Paso Quatro sp.doc Page 4 of 4 Corpus Christi, Texas day of 2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. IIwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfu lIy, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison MCtlody Cooper Jesse Noyola Mark Scott H:\LEG-DIR\Shared\GaryS\agenda\2006\ 11-14\ 1006-03 EI Paso Quatro sp.doc .'~' ::1fJ::ollF ""~~j4- ~~c:T"'rjJF 'G(' DEvC)1.;rrs-_m 3618253590 . 10' BJdg Pnvoc)' Setboel< FIl'lc, ~ ~ '00"( .~.9t:"...../:afl:"~J.~. _..~-;r WF2~i~-~t,?,(~~-~-r : : \1' r 11r\ M "" '-.' ~ - 3 ! ...,L~-.t-.,\.- . \- -'~~-'" ..-. _..~_.- -- !. I I ~~ ~riVOCY ~ II ~.s ~ f'ence If; -70:- ~_ ~JO' - ~ ::1 -~- :=-8: ~18 -fi I~ P.2, · - 22' ~ 22' ., p'- J4' it .' " f II ::--..-='~~ '- ~ II ..~- ,~- _.' -l' II _"!U'-- - - I II -30., 13Ct- ,..-40 . '8--.- .! ~ ,bm,i.... ~~: I' elM . I~- =~-=' l" ~:I~ ~ ~ ~,.: ~,'=: ,i . 'itj tj ~ tJ I,. ::1 ~~ 2A ~i ~._- II I~' == 22' ____. 2t . - 22' =.' ': 2r: ii, II ~_30,'~: ~~~ ~-_. ~ i~:! I .2._ s:= B:: _.- I I ---=- ~:--= =. ==- ,I 1III ~II Trolh..JO:. ,.40- I I " \ -.' 'o- Il , Ib --:11 \D- I II ,,,,4' o. If l4 Yi (~~-~ lk~!C .~-~~-- ---~. VILLA DRI'tE ,...,1.... 31 OCT 2tDtD6 fltevl 8 OCT 2etD6 ........,. 2 OCT 2erD6 1-100 P~01/~06 F-Z12 Ctt~t lC(XpJ03 S,t~ v>\a.vv ~ &ITE A~A · 381 Act$t (168,seB .q. rt.) FAflkrNG (1) &T ALL& TOTAL. (I) AOA v." Accaeal:>le $TO~ I!UILt:>ING& ( - ) ,,, x 6ft) II - 6'1' ft.. ( I ) '1) x 1e:l. 2,Ie;le 6'1' h.. ( 11) )lZI x 84Z) = 2.~ -ct. f't.. ( 2 ) 31F> x ~.. S,4t>e 6ct. ft. (2) 3tD x 1""'- .~ aq. n. ( 1 ) ,I> x 211) ... 6~ 6q. ft.. ( 1 ) 4~ x 6fl'. 2t4e>e al:!. ft. ( -'4) 4" x N) = 1:2)N>e 601. tt. ( I ) 4" x Il'De>a 4/f)~ eG!. f"t. TOTAL. &TO~.. 6~AlZItD aq. ft. Plue OFFICE.. 61,1e0 6'1' ft., ~ .~Tim WA LeBlanc arClhlecLral erlfIheering 7701 8. kellogg sutte 722 wichita. kansas 67207 (316) 682-8989 fox (316) 684-3984 e-mail tlmetlae.net bIl2tI;. ,...1. IiII..AN IL\66 111_ [;.~ ~ ......1P1~ .,,. I'rUrW ~ 'r'. ~TUAL tl~ ClMllNtleN.. ~,... ~(l51UPH"". "TItAa<.6, ..' It ..rra. ~ U.. lITe. IH.A&J. .. WIIIfII~. project ~L.IMINAfln' SITE &TUOY CORRJ6 CHRI&TI. T)( ., client EI Palo Cuatro, L1.C date 28 e.pt. '~ by lL. job no. sheet ONE of ONE TT-1JF."0E rn-'3Z!"- rHUfVl-~TTI DF cc UEV -s\lr~------:561~Z63590 T-l~~ P~~4/~06 F-212 IlII '- URaAN ENGINEERING lob No. 367SS.A6.00 October 13, 2006 r~_" l>/\" "- ~;." \ . ~ ~ e I.) 60 ~ 0 .~) I!:ml 1.910 Acres State of Tcxas County of Nueccs FieJdnotes for the rezoning oh 1.910 acre tract of land (not basod on llJ1 on-the-ground survey) out of Lot 10, Bancroft Farm Lots, a Jnap of which is recorded in Volume A, Page 46, Map Records of Nueces County, Texas; said 1.910 acre tract being more fully described by metes and bounds a. follows: Commencing at a point on the cast boundary of Lot 1 S, Block 4, Westchester Place, a map of which is recorded in Volume JO, Pages 28 through 29, Map Records ofNueces County, Texas, for the west CODler afLot 7, Fairbairn Addition, a map of which is recorded in Volume 10, Page 9, Map Records of Nueces County, Texas; Thence, South 54053 '00" East, along the south boundary of said Lot 7, Fairbairn Addition a distance of 179.47 feet for the south comer of said Lot 7 and for the Point of Beginning of this tract; Thence, South 54053'00" East, along the common boundary of Lots 10 and 11, said Bancroft Farm Lors, a distance of543.03 feet to II point on the cenrerline of Villa Drive, a public roadway, fOl'the east corner of this tract; Thence, North 87050'21" West, a distance of 441.42 feet to the IlOrth comer of Lot B, Block 10, Bancroft F.'m Lots Subdivision, a map of which is recorded in Volume 27, Page 16, Map Rocords of Nueces County, Texas, same being the east comer of Lot A, Block 10, Bancroft Farm Lots SUbdivision, a map of which is recorded in Volume 24, P"ge 26, Map Records ofNueces County, Texas, for the southeast comer of this tract; Thence, North 54053'00" West, 8 distance of 149.94 feet to 8 point On the north boundary ofsaid Lot A, Block 10, for the southwest comer of this tract; Thence, North 29043'00" East, along a distance of241.20 feet to the Point of Beginning and containing 1.910 acres (83,201.18 square feet) of land. Bearing are based on the recorded plat of lot G, Bancroft Fann Lots Subdivision, a map of which IS recorded in Volume 28, Page 60, Map Recordg ofNueces County, Te)(as. Unless this faeldnotes description, including preamble, seal and signature, appears in its entirety, in its original form. survoyor assumes no responsibiUty for its accuracy. Urban Engineering ~~ BY:~ Dan L. Urban, R.P,L.S. A '" ~ _ LiCCNCNo. 4710 ~ ~ODP'" 03 It l~fKwtk Page 1 of 1 -- FAX (361)854-600 1 S :\Survllyin&\367S5\A600\re2.0ning\Fl1! 910acri:$.doc (361)154-3101 2725 SWANTNER DR. . CORPUS CHRISTI. TEXAS 78404 mail@urbaneng.com ; F1tF"'1fF H1?: - FRD~CT"riJFcr lJB7.. St~-~1618253590 T-100 P005/006 F-212 r~ rl' U.IIAII ~_ ENGINEERING Job No. 367SS.A6.00 October 13, 2006 D:Wl 0.989 Acres State of Texas County of Nueces Fietdnotes for the te20ning of a 0.989 acre tract ofland (not based on an on-the-arolUld survey) out of Lot 10, Bancroft Farm Lots, a map of which is recorded in Volume A, Page 46, Map R.cc:ords of Nueces County, Texas; .laid 0.989 acre tract being more fully described by metes and bounds as follows: Beginning at II point on the east boundary of Lot 1S, Block 4, Westchester Placet a map ofwbich is recorded in Volume 10, Pages 28 tluougb 29, Map Records ofNueces County, Texu, for tho west corner of Lot 7, Fairbairn Addition, a map of which is recorded in Volume 10, Page 9, Map 'Records ofNueces County, Texas, and for the north comer of this tract; Thence, South S4053'OO" East, along the south boundary of said Lot " Fairbairn Addi.tion, a distance of 179.47 feet for the south corner of said Lot 7 and for the cast comer of this 1ract; Thence, South 29043'00" West, a distance of241.20 feet to a point on the north boW\dary oClot A, Block 10, Bancroft Farm Lou Subdivision, a map of which is recorded in Volume 24, Page 26, Map Records ofNueces CoWlty, Texas, for the south corner of this !laet; Thence, North 54053'00" West, II distance ofl79.47 feet to a point on the eastbounduyofLot 11, Block 4, said Westcbestea- Place, for the west comer afmis tract; Thence, North 29043'00" East, along the east boundary of said Block 4. Westchester Place. a distance of241.20 feet to the Point of Beginning and containing 0.989 acres (43,096.05 square feet) of land Bearing are based on the recorded plat of Lot G, Bancroft Farm Lou Subdivision, a map of which is recorded in Volume 28, Page 60, Map Records ofNu.eces County, Texas. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Urban Engineering B::uf~ Dan L. Urban, R.P .L.S. License No. 4710 S:\Surveyinc\3675 ~\A600\rczoninc\FnO. 989acrCl.doc (361)154-5101 2725 SWANTNER DR.. CORPUS CHRISTI. TEXAS 78404 'YIOilOurbaneng. com Page I of 1 FAX (361)854-6001 - 1r-=03- 06 nr'~d FROI.!-dryor1h-MV-~ 3tllgZ:EB59~ T 1~~ P0~G/88G F 212 t~t 0. i ,,~ "I \ ~'\ -I'ol:l UI ,~ .;ptitJ' \~ k. ~ ~. ~ Jy Y LolG - IIi' i Bant:1Oft F'~ l.o~ SubtJivJtIJon is' , Vol. ~ Pg. <<J. Map O~ 0. ~~ \ ~ of NWCH COIJI'J(y, Toe>> :3. \ I~ ~\ . of COnJmMCMMnt-i, \ ,." rr:+ " ~ '. of ",'n, . Tract ...... S54'53'oo.E 722.50' 179 47' 54', OJ' Tract 2 \ 0.989 acres 43,096.05 sf V) I\,')~ ~ ..: . """ ~~ ~ Portion of Lot 10 lkIItt:l'Oft Ftlmt Lt* Vol. At Pg. 44 IMJp \ Ret:ot* of NwcD i COUn(y. TdJltl. I I rract , 1.910 acres 83.201.18 $f \. \ ] i.l~J .....~ \ I~'" ii i,\ N54.S3- . i.....\ ,0 ,~ - ..,\ '\f~ ~ \.. i~'" ttl ~l /.I"~~~ l~I; ~Y/ ~ I ~ , 179.47' 149.94' ,--- 329.41 .. / , "~,,,\.1 ~~~7' ... ~ ^tr ~ ~~~~.;;r .~.~ "/. . ~jJ 'Wo 5.U.E.-::::.... Lot 8, BIot:It 10 BtJntfDft F'""" Lola SubdMlion Vol. 27. Pr. 11. MGp RHOI'd. of NuKft Coun(Y. reltfl. l\ffjp to Accomeany MONO" fflr Ih, "lOlling 01 a 0.989 (Jnd (1 1.910 acre Intel of IMd (not /xJIId on an on-t.1fOIKId 1/IIW1) ", of Lot 10. ~ ;rnm LDI$, II map of which if /ttJIHtIId in "*"" A. Pvrt 41, "., RftcurJs of ",.. ~ T-. ~ 1~ - 1 ~10~rJ.E DATE: Oct. 1~. 2008 sc-. ~. ,..,00' tJOB NO,: 3I7&e.MOO SHEEr: 1 of 1 DRAW IV: XG ~o 23 ......,. ',,'-;' """" CITY COUNCIL AGENDA MEMORANDUM Council Action Date: November 14, 2006 AGENDA ITEM: A. Public hearing to consider and nominate applications to the Office of the Governor for Commercial Revitalization Deduction allocations. B. Resolution nominating projects to the Office of the Governor for Renewal Community Commercial Revitalization Deductions which include: 1. HBP Partners, Ltd. to receive an allocation for $1,400,000 from 2006 Commercial Revitalization Deductions for a building located at 500 North Water Street 2. Brewster Street Ltd., LP to receive an allocation for $700,000 from the 2006 Commercial Revitalization Deduction for a building located at 1724 N. Tancahua Street. 3. John Murray Jr. to receive an allocation for $550,000 from the 2006 Commercial Revitalization Deduction for a building located at 5110 IH-37. 4. Train Brothers, Ltd. to receive an allocation of $850,000 from 2006 Commercial Revitalization Deduction for a building located at 2500 Agnes Street 5. Thomas Davis, SL to receive an allocation of $450,000 from 2006 Commercial Revitalization Deduction for a building located at 622 McBride Street 6. William Groves to receive an allocation of $275,000 from 2006 Commercial Revitalization Deduction for a building located at 7325 IH 37. 7. Michael Berry to receive an allocation of $550,000 from 2006 Commercial Revitalization Deduction for a building located at 11174 UpRiver Road. 8. Don Kirchberg to receive an allocation of $550,000 from 2006 Commercial Revitalization Deduction for a building located at Rhew and Leopard Road. 9. Nueces Hotel Holdings, LP to receive an allocation of $1,475,000 from 2006 Commercial Revitalization Deduction for a building located at I H 37 and Nueces Bay Boulevard ISSUE: As one of forty designated Renewal Communities nationwide, the City of Corpus Christi may nominate $12 million of Commercial Revitalization Deductions each year during the designated period. According to the Internal Revenue Service (lptS), the Commercial Revitalization Agency (CRA) may make the following types of altocatlons: 1) An allocation in the year that the project is completed. 2) A binding commitment to make an allocation of a specified dollar amount to a qualified revitalization building in the calendar year in which the building is placed in service. 3) A carryover allocation The Office of the Governor serves as the Commercial Revitalization Agency (CRA) and is responsible for certifying allocations nominated by the governing bodies of the Renewal Communities in Texas RIQUIRED COUNCIL ACTION: Approval of the resolution as presented. CONCLUSION AND RECOMMENDATION: City staff recommends nominating to the Office of the Governor all fundable applications received in response to the advertisement for applications for the 2006 Commercial Revitalization Deductions. c~v ~u Irma Caballero, Director Economic Development Attachments: E>d1ibit 1 E>d1ibit 2 E>d1ibit 3 E>d1ibit 4' Exhibit 5 Exhibit 6. E>Chibit 7 Exhibit 8' Attachment "1" Project Name H BP Partners, Ltd Project Location 500 North Water, Suite 300 Project Census Tract 3 New Jobs Created 12 Jobs Retained 8 Total Investment $1,700,000 Placed in Service December 2006 Allocation Request $1,400,000 Summary Hllp Partners, Ltd. ("HBP") is presently renovating space on the ground floor of the Prosperity Bank bUilding located at 500 North Water Street. HBP currently operates the Havana Club nightclub in the same building on the gmund floor, but upon renovation of the newly rented space, will relocate the Club to this renovated area. HIP is a Texas Limited Partnership engaged in the business of the operations of the Havana Club, which opened in 2002. The Havana Club has been very popular and the new facilities will build upon its popularity permitting expanded menu offerings, facilities for dancing, live entertainment and a walk in humidor for cigar aficionados fJlecutive Summary HBP Partners, ltd, ("HBP'') is pleased to present this application for allocation of the Commercial Revitalization Deduction in 2006 for renovation of rented space locatecI on the ground floor of the Prosperity Bank building at 500 North Water Street. HBP currently operates the Havana Club nightclub in the same building on the ground floor, but upon renovation of the newly rented space, will relocate the Club to this renovated area. HBP is a Texas limited Partnership engaged in the business of the operations of the Havana Club, which opened in 2002. The Havana Club has been very popular and the new facilities will build upon its popularity permitting expanded menu offerings, facilities for dancing, live entertainment and a walk in humidor for cigar aficionados. Budgeted expenditures for these improvements are $1,380,322 and therefore, this appfication requests an allocation of $1,400,000 of the 2006 Allocation. The new space is leased from BNP Properties and construction has already commenced with planned opening of the facility in December of 2006. The expenditures related to this project meet the test of substantial rehabilitation as well as all other tests for a project qualification under Section 14001 of the I nIlema I Revenue Service Code. With the purchase of new equipment, furnishings and working capital, total investment for this project is in excess of $1.5 million dollars. The expansion will pennit the retention of 8 full time jobs and create 12 new positions for an annual payroll projected with a annual payroll of $375,000. Involvement of Residents and Non-profit groups includes identifying residents of the area in order to take advantage of the Renewal Community Employment Tax Credit and also as an attempt to reach the employment requirements for obtaining Zero Percent Capital Gains on the ultimate sale of the property. As indicated in the Table of Contents, this application contains documentation showing that the project has a lease on the property, is in good standing with State and Local taxing alMlorities, with evidence of financial resources to construct the project. P. ..tt Description and Location The Havana Club expansion is located at 50S N. Water Street on the ground floor of the PrQlpertity Bank Building. Located in Downtown and the Auditorium, this project will make a sigRificant contribution to the success of redevelopment in this area. '~~B:.OC [., I) ", I_ ?"Q .., "~"I"'::, ..::f,!!' . &;.~. --...~?~ - - ~_$- ~<.G-:-i lR l',t l~.,,'bt - - "", b':.l~Jlt:.; L,:,tn! :: 1 .:r)oJ ,;itlill'ld',l<1C' ~'t '~') ~./J;~ '-,.' ~ T 1:0";"-1'1 -'~;t '" S .<' ':l r:: ..= c:",l .." Buffal(, ~;1 ~ - ;:;; ., '::'llh'I")F'~ St,_ ~ ,- l-lt" ~1 , 500 N. Water T "),1(10' ~:, 1"'11 ~f l._~... " ~ - ; ~~'Jlc..jl' I :\t 1711l11stwoil ~-: .... Pi'oplll!-S !:'lP...._~I.s $1 ",+...: i:, ::'J:;, 0", .'''': ~ (,'1 '" * E U) U".n :, :: i'; ~ ...) ~ :=s u. ~ ~ } { ~' ~ ~ ~ ~ ,; 5::t ~ .. ~ .: om~nvh. ~1 ~.\ ~.; .~ <' < ;t :11 i':)'''''' . -<I 1'':_-4/_0 " (".' .:..::: .-- ~ .,~ .~. ~ 'f ~(tr,~;::' ,;:' : ~"Ollm '1 (IlJtj'fI: ~:.cc",.,'." " Slv.<".dl,.\'a) l~ ~ .., ;~ ";"~ Cl200e NAVTEO LelBI DescrIption and zoning The legal description of the Prosperity Bank Building is WATER BEACH LOTS 1,2,3,& 83 Sft of L T 4 BLK S. Zoning is consistent with current uses of the property. D-.Iopment Plan The space that the Havana Club expansion will occupy is located on the first floor of the Prosperity Bank building and indudes many features such as elevated dance floor, bar areas and boIth seating as reflected on the following working plans and will represent triple the current adjlc8lt space it occupies ~ ELE - . __~_-=-..~___ LE !' "" . I- r-r. n , I W I I II I ~ I , ~ i -- ]-- r-- -- II- i -r-. 1 D~ [j= o - -~lJ-' I l=+-l-.+ t- - -rJ I III==-l , '.11.._1. L__lr:= :=::-- ELE__.._____L-L_ TI - LE I = -- LE L- TF c.sb dCtion Budget Construction on the project has begun and will continue until the building will be placed in service in December of 2006. Labor Material Subcontract Total 2,420 8,250 0 10,670 - --- 0 0 12,500 12,500 0 0 1,110 1,110 0 0 990 990 0 0 1,700 1,700 0 0 1,500 1,500 0 0 1,500 1,500 0 0 1,500 1,500 0 0 750 750 --1--.-. 0 0 2,784 2,784 ,-.... .' .,~-'"_.._- -. i DescriptiO"____ i GfNERAL CONDITIONS ! ARCHITECT / ENGINEERS FEE I.ESTOS SURVEY _ ------ I AfBESTOS REMOVAL _ .__ ~MO ELECTRICAL___.. I DfMO HVAC ll!eMO PLUMBING ..- -.--- ___ _ I DfMO FIRE SPRINKLER___ LQlMO CLG./ MISC. IDlMe CONCRETE WALL-- ~"'--_._-_.._,.._-_._. ".----...- R.OVE VAULT DOOR I RELOCATE D~O TILE FLOOR I MISC____ La1:L FLOORS CORE DRILLING ROUGH CARPENTRY FINISH CARPENTRY V\.llllDOW TO THE OUTSIDE__ GLASS RAILING GLASS COUNTERTOPS AUJMtNUM FRAME AT INSIDE ENTRY . MIRRORS . METAL DOORS (2) , FINISH HARDWARE i DRYWALL .-. ._~- .. -,~-,_. i PLASTER REPAIR , STAGE FLOOR ! FLOOR TILE I BASE ! : DANCE FLOOR (TIL_~.L__ PAINTING : WALLCOVERINGS I I DRAPERY____ i TOILET AND BATH ACCESSORIES I _ ! V\IINDOW TREATMENT I : CONCRETE BAR I RR SINKS I i SPECIAL LIGHTING I AUDIO I VIDEO ! DeSIGN SPECIAL LIGHTING / AUDIO, I *~ULPTURE---=::=-=:~: I MUSHROOM FIXTURE I EIfrRY WINDOWS SPECIAL EFFECTS iNDY BENNETT INTERI9R DESIGN ii_ ERIOR DESIGN ! BARREL MOUNTING I CUTTING I -- .--------- ----- f HVAC ._--'_._,-~ ._..~ --,.._- TEST & BALANCE I :. ------- -------- I PWMBING I ! ElECTRICAL i FIRE ALARM I SECURITY SYSTE~__ I CONTINGENCY i SUBTOTAL i LABOR BURDENS : SUBTOTAL ._-----~--,-- : SALES TAX ~- .. ---- - -.- - --.-- :1.=---t---- 2,52~ __+ _ 1==--- 0 . I 0 -- +--- f---- - 500 :~t=--t==-- 0 __ + _____ +__________ 0 --+- -- -t------ ~ I -+---- +------..-...- 0 --i- ---- t-- ------- -+ ____ +_____ 0 i 0 - - -+----- -+-----..---- , 700 __ ____ --1-------------- - - ----.. t---- ~ -,--'"^_.,~,-". ..+--..- "'-.-" o o o o o . ~ .. =~ ~~ _ -_ -_.~_~1\\ - - -+-- ------- t-- . --- ---~- --- +-- -----~+ - .4- ---.-- --+-.-..-- .....----.- --- +-- -+---- + i +--- +--- +---- -l---+- +------- 1)1 o o o o o o -- -- +----- r- -----t- --- ~ --t------ : 0 -- ------t=::-------~-+ . 0 -------t--- ---.--, I 0 -t--- '____h.___ . 0 6,440 1,546 ! -----.- 7,986 -- -~ ---'- --- ! TOTAL QUALIFYING EXPENDITURES --t -- ---t----- ._- L alto APPLIED FOR---- : ~J ===~~:~-_-_H~~_~---=C- 0 1,000 1,000 1,700 0 4,220 0 6,000 6,000 0 5,000 5,000 500 0 1,000 0 103,000 103,000 0 3,000 3,000 0 18,200 18,200 0 20,125 20,125 0 2,000 2,000 0 1,000 1,000 0 5,000 5,000 3,500 0 4,200 0 27,200 27,200 0 2,000 2,000. 0 10,000 10,000 0 56,400 56,400 0 22,300 22,300 0 31 ,300 31,300 0 10,000 10,000 0 5,000 5,000 700 0 1,000 0 2,000 2,000 0 37,200 37,200 0 300,000 300,000 0 30,000 30,000 37,250 0 37,250 2,112 0 2,112 0 5,000 5,000 0 22,500 22,500 0 30,000 30,000 0 2,000 2,000 0 70,000 70,000 0 3,000 3,000 0 40,000 40,000 0 80,000 80,000 0 0 0 0 0 0 0 250,000 250,000 54,012 1 ,224,559 1,275,011 0 0 1,546 54,012 1,324,559 1,286,556 93,766 $1,380,322 $1,400,000 Attachment "2" Project Name Brewster Street Ltd, LP Project Location 1724 North Tancahua Street Project Census Tract 50 Retained Jobs 0 New Jobs Created 70 Total Investment $1,000.000 Placed in Service June 2006 Allocation Request $700,000 Summary Brewster Street Ltd, LP is the owner the Brewster Street Ice House. Opened in 2006, Brewster Street Ice House is located in the heart of Corpus Christi's entertainment district, Brewster Street Ice House is the perfect destination restaurant, and a strategic location makes the Ice House a "must stop" on the way to a Hooks game, Concrete Street Amphitheater, or American Bank Plaza Sports enthusiasts will enjoy their favorite sports teams on 20 flat panels and televisions located throughout the restaurant. Teamed up with great beer and appetizers, Brewster Street promises to be your sports paradise! Executive Summary Brewster Street Ltd, LP is pleased to present this application for allocation of the Commercial Revitalization Deduction in the 2006 Round of the Commercial Revitalization Deduction for the construction of a new Restaurant located in the Downtown Sports and Entertainment District In Renewal Community Corpus Christi. This restaurant, the Brewster Street Ice House was built and placed in service in June of 2006. The land and existing building IS leased from Houston Durrill Land, Ltd. and the qualifying expenditures represent actual leasehold improvements made to the facility. Located in the heart of Corpus Christi's entertainment district, Brewster Street Ice House is the perfect destination restaurant, and a strategic location makes the Ice House a "must stop" on the way to a Hooks game, Concrete Street Amphitheater, or American Bank Plaza. Brewster Street Ltd, LP operates the facility, entertainment and beverage services and rents out the kitchen operations and food service operations to a tenant operator, The facility comprises approximately 9,200 square feet and the improvements include Interior and exterior renovations to the building, landscaping, fire systems and parking lot construction As shown from the accounting records of Brewster Street Ltd, LP, actual expenditures for these for these improvements are $662,000 and accordingly this application requests an allocation of $700,000 of the 2006 Allocation. The expenditures have been made and evidence of their expenditure is accomplished by presenting internal accounting records of the applicant. Since the costs to improve the property are for leasehold improvements of real property, the expenditures meet all tests for project qualification under Section 14001 of the Internal Revenue Service Code. The total investment for this project will be $1 million dollars, including landlord's cost of the building and land that is leased to the applicant. Brewster Street Ltd, LP has created 50 new jobs with a combined annual payroll of $408,000 and the food service operator has created a total of 20 new jobs for a total of 70 new jobs related to this project. Involvement of Residents and Non-profit groups includes identifying residents of the area in order to take advantage of the Renewal Community Employment Tax Credit and also as an attempt to reach the employment requirements for obtaining Zero Percent Capital Gains on the ultimate sale of the property ~ PI aperty Description and Location Leaal Descriotion and zonina The project is located at 1724 N. Tancahua Street at the corner of Tancahua and Brewster and the legal description of the property is Beach 1.1852 Acres out all Lots 6 thru 9, & Part of Lots 3 thru 5 & 10 thru 12 block 77. Zoning is consistent with current uses of the property and the restaurant has been in operation since June of 2006. ~fAr~O~ E \,:,..', ~,';..~ j';.,.. ::> ....: ~ tiI' ..,.) ~ .. . 01"" .:. ',.';i, f ' " '"' <c,. Halbol :; I Brewster Street Ice House o' r- D '- E r~flf ..~".I::' " 181\ \: _f....r.''t-.:l ;;. t ,_:, ilt' It:', ;;, ~ ..- - ~ .... .', S"IS. .:s.'.,~ ". U (. o?~.;. t::' ~' ~ .~:z.~E-i_"'~ ~ '- ~ ~ :L,. r;: .--r"J.~ -~" .'~ -..', . <...i. ~ ,;;;;.. ...~~ - ..,. r Jr' ",. - " '- .i,....-.c c-;-- ~- .--\.- .~ .' ,~ f.,...... -':-"/i f,.-"3'_~ p" 'J.) .~ ;;:J '~1">.1.1'" "'...... _ t:f.!....""~t l -' ': ? _~: i ,~- _..J"~.- ~ ~~ \~ ..- ~ 'i., ~ ~.~ ., 0, .;: ~~ '"i,. ~~, ~'~..'...;., '.oj) C '::;: .:... "1 Z IT ;:, r;: \'~-, ~';,".., '~:.~: ~::..~., ~:. L"~E- ~ 1 Lob 0 co', " ,'::00 m < .,,~,.J I 1 (100 ft Cl~'?i-l:1L ;I'!~ ~,. 0;:. <- I"; :~ '!.-- T' ".t '5 .\>'199 '-~ ,~; l~t ~ ~.? J~." "'" y".'inneba(Jo ::! Buffa k, ~~1 T .~~IQI s\.- ," .:;l....r ~;t @)20Q0 N}\VTEQ Oarelopment Plan The Restaurant was placed in selVice in June of 2006 and features a open air-dining patio with colorful umbrellas, wood bench and table seating with a view of Whataburger Field, the Haftx>r Bridge and the Port of Corpus Christi. There is also a large playground area for the children with a fenced in area ideal for families. In the large open-air pavilion, there is a stage stage for live entertainment, dancing and seating at tables and benches. Inside seating in air- concltioning is available and there are numerous televisions throughout the faality showing live sporing events. Ccri-. .ction Budget The amounts on the following schedule represent actual amounts expended by Brewster Street Ltd, from their accounting records from project inception through August 18, 2006, when the project wes substantially completed. A total of $700,000 is being requested from the 2006 amount and the clfference between actual amounts expended on this schedule represents contingencies for any accOY'lting reclassifications of bills being received not included in this schedule. 2:3C PM 03118106 Acc'u.,1 Bas's Brewster Street, Ltd. LP Balance Sheet As of August 18, 2006 Aug '18. 06 Fixed Asset~ I"TM Machi ne Audio Equipment Brewster Bldg. ImprovOlen1 Equipment Fire P.larm System FIre Sprinkler System F urnitLIre ,IOU UO 12'157;:8 41953944 27.12077 5907,59 ;~036 51 HVAC .SyslGnl Kitchen EquipmenJ l<mdscllpin9Impro"f'n't'nt5 Parking Lv PI<>yground c.quipmell' Security Equipmeni Sign age T0!t:!phoTlc Sysl~nls I otal Filled Assets 9<,)191 20.30(;.00 V 309 2 1 20 995.4!J 34 49645 12,000.00 .j 0'1111 1693319 2,37411 662,62306 Ie IAl A::;S1:.1 S Attachment "3" Project Name John Murray, Jr Project Location 5110 IH-37 Project Census Tract 7 New Jobs Created: 0 Jobs Retained: 10 Total Investment $650,000 Placed in Service April 2007 Allocation Request $550,000 Summary Mr. John Murray is constructing a new 4,500 square foot building which will be leased to Teal Construction Company. Teal Construction Company is a general contractor with ten full time employees in Corpus Christi. There is an existing 6,000 square foot office building on the same property that is leased to a national fire suppression engineenng company. ExtllCUtive SUmmary John Murray, Jr. is pleased to present this application for allocation of the Commercial R~lization Deduction in the 2006 Round of the Commercial Revitalization Deduction for the construction of a new Corpus Christi Headquarters for Teal Construction in Renewal Community Corpus Christi. Located on IH 37 near the intersection with Up River Road, the Teal Construction COrpus Christi Headquarters has excellent exposure and access in the Industrial section of Corpus Christi. The project is the construction of a new 4,500 square foot office building. The project is scheduled to begin construction in December 2006 and to be completed by April 2007. The office buitding will be leased to Teal Construction COmpany. Teal is a general contractor with ten full time employees in Corpus Christi. There is an existing 6,000 square foot office building on the same property that is leased to a national fire suppression engineering company. As shown in the development plan, since the costs to improve the property are for improvements of real property, the expenditures meet all testS for project qualification under Section 14001 of the Internal Revenue Service Code. Budgeted cost for all improvements is $550,000 and therefore an allocation of that amount is requested from the 2006 allocation. The total investment for this project will be $650,000, including Mr. Murray's cost of the exIIting building and land. Evidence of financial resources Is provided along with a copy of the warranty deed. Involvement of Residents and Non-profit groups includes identifying residents of the area in order to take advantage of the Renewal Community Employment Tax Credit and also as an attempt to reach the employment requirements for obtaining Zero Percent Capital Gains on the ultimate sale of the property. p, eperty Description and Location l~1 DescriDtion and zonina The project is located at 5101 IH 37 near the comer of IH 37 and Up River Road and the legit description of the property is Whelan Addition Lot lOA Block 2. Zoning is consistent with current uses of the property. y~c:f/)l" r_R:,..,;,. -. '. , ,- .'~":-"'I'V .:;" '';! .;j,; -~ <- ;~:.~~... I '" ~ .- j o~eal Construction Locatlon_J o .;; '. , "',I;~, if' (, '.' l .' $ ~ .. -0 .(. /;' L-':~ ~-,"'" "': !-~ >:'l' ..t "'-' .t:~ C' ~ :.t ~ ;: ;t .., -c'- '-/ Erin Dr .., ..:tir,.., f;' l'\ ~/ /,.., ...., _:: \""'1'1. 'tJ/. 4 ~l (~.~ t.~ . ., i; ~-.. V., !~- if ,r:.,':' ~.::~ Sa-,...::tge Lr & ~ '" c .J? l..J:f ~: L '" ~ -~ ,. ~ i L>::(tp31,I~it ~; ,; ~. .:: '.: ..~... ... .;.::. ;: .,A :i,.'" ,~ ...;,._v. '._~i>,;..tf;. ."t '.1- ~~,. ..::.-!- ~_::;:#J; "''''11';.;'' , . '@2OQO NAVTEO .~ .- t> I -'110 m '_, 000 ft .: "i~ @ ::oc-e . . O_eIopment Plan The project is the construction of a new 4,500 square foot office building. The project is scheduled to begin construction in December 2006 and to be completed by April 2007. The office bulcling will be leased to Teal Construction Company. Teal is a general contractor with ten full time employees in Corpus Christi. There is an existing 6,000 square foot office building on the same property that is leased to a national fire suppression engineering company. There has reclntly been about $50,000 of improvements made to the existing building. Co-.hb-..ction Budget Site work Paving Foundation Structure Interior finishes Mechanical Electrical Plumbing New Building Existing building improvements Total "---...- '---.., -.-----.-... --- --- If I ~,.---..._- -,'-- .--'. ..~~~.~..~_... .,._IF'..g"'N____ ~.1T ........WlI, .~ tl.C) 82,995.00 50,125.00 20,700.00 104,400.00 83,080.00 46,000.00 69,000.00 43,700.00 500,000.00 50,000.00 550,000.00 -------1OiJ5T(lPo;, l'I:XM------ .. ~.. . . ~ .~___:o:_.Jt..... ,Yr-_:-r.-. P-......""" r~r4olAoCl'~ "" FRO F("'T 1t..'J. ~_....... .>..(..- ~'""'~ ........ I I' i~ J~ u eo: ! oCI ~ c !l , i p ~ .. I ,4,01 ". Attachment "4" Project Name Train Brothers. Ltd. Project Location 2500 Agnes Street Project Census Tract 10 New Jobs Created: 5 Jobs Retained: 35 Total Investment $1,000,000 Placed in Service August 2007 Allocation Request $850.000 Summary Train Brothers, Ltd. is a real estate company that owns real property in several cities in Texas for the sole purpose of leasing them to its affiliate, Swift-Train Company. One of the properties is located at 2500 Agnes St, and has been the headquarters for Swift-Train worldwide for many years. The project will consist of a new metallic bulding of approximately 16,625 sq. ft. with approximately 3,400 sq. ft. of office space within the shell. In addition, an installation training center for a supplier, Pergo, is planned. It will require another 3,325 sq. ft. of metallic building to be added and will house a facility to train installation mechanics from Texas and surrounding states to install Pergo laminate and gain certification. E~utive Summary Train Brothers, Ltd. is pleased to present this application for allocation of the Commercial Revitalization Deduction in the 2006 Round of the Commercial Revitalization Deduction for the construction of new facilities for its tenant, Swiff-Train Company, in Renewal Community Corpus Christi. Train Brothers, Ltd. is a real estate company that owns real property in several dties in TeKas for the sole purpose of leasing them to its affiliate, Swiff-Train Company. One of the properties is located at 2500 Agnes St., Corpus Christi, Texas and has been the headquarters for Swtff-Train worldwide for many years. Swiff-Train's growth over the last several years has created a need for more space to house its display and sample production and assembly facility and to store an increasing amount of Inventory. In addition, the company needs additional office space to accommodate additional as well as some current employees. Swiff-Train has chosen Corpus Christi as the location to put this facility rather than at one of its other Texas locations. The project will consist of a new metallic building of approximately 16,625 sq. ft. with approximately 3,400 sq. ft. of office space within the shell. In addition, an installation training center for a supplier, Pergo, is planned. It will require anether 3,325 sq. ft. of metallic building to be added and will house a facility to train installation m<<:hanics from Texas and surrounding states to install Pergo laminate and gain certification. It is estimated that this will bring approximately 100 people per year for the 5-day training program. As shown in the development plan, since the costs to improve the property are for improvements of real property, the expenditures meet all tests for project qualification under Section 14001 of the Internal Revenue Service Code. Budgeted cost for all improvements is $831,931 and therefore an allocation of $850,000 is requested from the 2006 allocation. Evidence of financial resources is provided along with a copy of the warranty deed. InW>lvement of Residents and Non-profit groups includes identifying residents of the area in order to take advantage of the Renewal Community Employment Tax Credit. Prepefty Description and Location L..I Descriotion and zonll19 The project is located at 2500 Agnes and the legal description of the property is Block l-A StEl's Addition. Zoning is consistent with current uses of the property. " .:: o if, ... c 1.1) ~ .. c .: ~ ~ = Ii' '" ~ t...., o ..., ,~ U'\ ~ . ~ ~~ ,~""w,j"" -::'.~ . i:"1lH~2' ,:; l (J.i ;. 1,l4lstllla ~, ,'t . LIIHf. "I 8"'nn.:m St ;.. ;. 'f. ..,nf ..,IJ.';' .' ~I , .:~ ~.- /ito_ .in" 'I ;' ~, ~V~llitl~lh'ln (1 " ~..; _ . ~ ;,:::L~-=Wi~-~rain Locati~_~J c~ Hr- -..lId ~ ~ 1,.'; ~ Mussett S 1 C r .J )> ;,. r, .: ,-, ,-- .,t. i.'';: ):. gl ~. :' U;'loc\h,"lt- . r, ~} .t:. -;'! .t:. ;S ~ ;J (-";: ',,) .:~ ~:; ~ ~''\ ,,;. I.- ~~) . F'l~r.:...;.~' 'j ,-~iJ :l '" .;, w '" .", ~. .. <:> ~ ~ ~ ~ , .. !.- ..., \-\,1{;' ~ 1 :r. '" '...1~.Jrlis :: -: ~ 'i)I~T'3n':"','1; : .... .. ..,..Ruth::', "!-' ;:;. .-. , 1;. l.:~ I ..~ ~ ~t~. ;......1: .-:"" CI Li; ~- .: M! ~r " ~ ,Hlllor. C ~ ~ o ... IT: .;; ;; '" 'J u ~ c. -}I w . ~, '" ! '" , "J r; I (, ~. '" "~'.' e .- :; hipPb.\a ~;~ T !f ~ 1..1 ~ ).- IT.- B 1.lullj ;:. ~~... ~'Iaig S't ~ ~ \'1 H!'\}.i11...i ':.':" I "on m '1IjO'jf! ~ 2tCtE -', . ~ '. "" ;:; IC) tl lb\ ..,i:.~ (;',,;.0- '1[12000 NAVTEO H'.I '01 ',in d:- Development Plan Train Brothers, Ltd. is a real estate company that owns real property in several cities in Tscas for the sole purpose of leasing them to its affiliate, Swiff-Train Company. One of the properties is located at 2500 Agnes St., Corpus Christi, Texas and has been the headquarters for Swiff-Train worldwide for many years. Swiff-Train's growth over the last several years has created a need for more space to house its display and sample production and assembly facility and to store an increasing amount of inventory. In addition, the company needs additional office space to accommodate additional as well as some current employees. - Swjff- Train has chosen Corpus Christi as the location to put this facility rather than at one of its other Texas locations. The project will consist of a new metallic building of approximately 16,625 sq, ft. with approximately 3,400 sq. ft. of office space within the shell. In addition, an installation training center for one of our suppliers, Pergo, is planned. It will require another 3,325 sq, ft. of metallic building to be added and will house a facility to train !nSbl1latton mechanics from Texas and surrounding states to install Pergo laminate and gain cerUfk:ation. It is estimated that this will bring approximately 100 people per year for the S-day trailing program. Co ~h -thftI Budget As can be seen from the following bid from Dickson Builders, total budget for construction of the new additions to the facilities is $831,931 and construction is expected to being in early 2007 with an in service date of summer of 2007. Therefore an allocation of $850,000 is requested. F Addition to and remodeling of S\.vifI.Tntir' Company building located to 2500 \gnes Sl~eet, Cl!1PUS Chris, L ~~" as Dear Mr Train ;n connection w1th the i310VC referenced project, I am enclosing Budgets for each phase as 1<.)110w8: lNew A,dditiol1 c\..'llsisting of al 'U' wide by 125' long Metallic ~;teeJ building $314~198 ~ ) New Oftices wimin New Buiiding cons1stmg of approx.. 3,400 Sq. Ft plus rebudding existing space per plan inclurling plumbing ~\nd electrical $228,042 n Replace roofaud reo-build doc'b-, side of bUll ding $86,140 4) M:isceHaneous rCTlairs including replacing exterwr doors $12,527 ':' C:ontingenc:y f'Of re-building of front of existing budding~dcsjgn 1.0 be agreed upon before compietion of new construction $.50,000 Surr-toml Additional tor Pergo Training Center mcluding addition to i\,1ctaHk Building $690,907 $J.:1 1.Q24 C)'~--'.\'! ~~3J ,2:U CcnsrructJOn Wli! take ',jlproximatetv (; months after receipt of pcnTli.ts, Sincerely. DrCKSON BlnT DHRS. TNC CI;!TDicksoll Attachment "5" Project Name Thomas Davis, Sr. Project Location 622 McBride Project Census Tract ..., New Jobs Created 5 Jobs Retained 35 T otall nvestment $600,000 Placed in Service December 2006 Allocation Request $450,000 Sa,mmarv Thomas Davis IS constructing the new headquarters for Skid-O-Kan, Inc. Mr. Davis will lease the new property that will house the operations of the Corpus Christi based company that provides portable sanitation and toilet services to a 50 mile radius around Corpus Christi Skid-O-Kan currently operates out of a facility on Cantwell Lane and will move into the newly constructed facilities upon the completion of construction in 2007. Executive Summary Thomas S. DavIs, Sr. is pleased to present this application for allocation of the Commercial Revitalization Deduction In the 2006 Round of the Commercial Revitalization Deduction for the construction of a new Headquarters for Skid-O-Kan in Renewal Community Corpus Chnsti. Located on 622 McBride, the Skid-O-Kan facilities will consist of the construction of approximately 2,400 square feet of metallic buildings that will house administrative offices and completed in December 2006. The facilities will be leased to Skid-O-Kan. Founded in 1957 by Jack Davis (Thomas Davis, Sr. father) Skid-O-Kan's service area is a 50-mile radius from Corpus Christi. Customers include eight oil refineries, several chemical refineries, construction companies, ports and shipyards, government bases and major businesses. SpeCial events produce about 10 percent of the business, and residential customers account for 20 percent. Skid-O-Kan has 100 holding tanks, 40 hand-wash stations, and 1,000 portable restrooms, mostly from Satellite Industries, PolyJohn Enterprises, Poly-Portables, and Olympia Fiberglass Industries. Sixty percent of the restrooms are Satellite Tufway models, and 15 percent are Satellite Maxim 3000 units. As shown in the development plan, since the costs to improve the property are for the construction of new buildings the expenditures meet all tests for project qualification under Section 14001 of the Internal Revenue Service Code. Budgeted cost for all Improvements is $445,000 and therefore an allocation of $450,000 is requested from the 2006 allocation. The total investment for this project will be $600,000, including Mr. Davis's cost of the land. Evidence of financial resources is provided along with a copy of the warranty deed. Involvement of Residents and Non-profit groups includes identifying residents of the area in order to take advantage of the Renewal Community Employment Tax Credit and also as an attempt to reach the employment requirements for obtaining Zero Percent Capital Gains on the ultimate sale of the property. Pr.-rtY Description and Location LeGI!Il DescriDtion and zonlna The project is located at 622 McBride and the legal description of the property is Lot Nine (9) McBride Commercial Sites. Zoning IS consistent with current uses of the property. . . ('l ~"" ':,' ., ~:.: ..".,~ " ... \..,c~;.t~;;;,d:~ l:.,"Je "1'1: .l'lJi-'i;..-in jj 1 '~. ~ '~', ~.. '>, -"v", -'.. [ Skid 0 Kan Location EI!n ~ g ~ "; t',", ~~ ~ :l.J'./.::tOIl' t~: E r:; .s:' -~ 12 ""- Hampshll~ f. c_ Hail: ,",11\ - _ ~ ~ t..;:! ;,~??~ (:407) '----- Q % Lc '.'~' d '" ..~J: r ~ '" '" r.~, .. u:. ,~ t- ., :_1 I;) t" " ..r." Ct"~ l~~. " ~f' ~ t ::x: ~ !!;. ::: -- t",,1 F Ii 3 "o-} ~ ;n -r> ~- J"Gt ;)) ,----,100 m I 'I 0(") ft iI:CCc- i-': @2006 NAVTEQ O..-pment Plan Skid-O-Kan Company has operated from the 967 Cantwell locations for over half of its fifty-year existence. The cantwell location was sufficient for many years. Today, the space is crowded, decreasing overall productivity. The new facility currently under construction will increase efficiency and provide more tha1 adequate space for current and future needs. The plan includes a 2,400 square foot office sPICe, two metal buildings for repair, maintenance, and production. The new wash rack space is fOll" times larger than our current cleaning area. Office allotments, safety, and security are scheduled for major upgrades and improvements. Employee and customer parking areas double In size. The end result is a more efficient operation with many improvements that are otherwise unattainable at our current location. The new location at 622 McBride began construction in early Setlember, and scheduled completion is December 8, 2006. We look forward to entering the New Year in a new facility .c..,,,.I... ConltruCtion Budget As shown on the following budget a estimated total of $445,000 is planned in the ESTIMATED COST FOR CONSTRUCTION OF NEW FACILITY FOR SKID-O-KAN CO. 622 McBRIDE LANE, CORPUS CHRISTI, TX 78407 Estilnated completion date: December 8, 2006 Lanll: 2.2 Acres, 1-2 Zoning (622 McBride Ln.) $150,000.00 Offree: Foundation & Exterior Electrical & Plumbing Mechanical & Finish Interior $ 60,000.00 20,000.00 20.000.00 $100,000.00 $125,000.00 40,000.00 25,000.00 10.000.00 $200,000.00 Warehouse & Shop: Foundation & Exterior Electrical & Plumbing Wash Rack & Truck Service Area Mechanical Warehouse Storage: Foundation & Exterior Plumbing & Electrical Concrete Paving, Parking Lot & Landscaping $ 65,000.00 20.000.00 $ 80,000.00 $ 65,000.00 T ota, estimated cost of buildings, & improvements, $446,000.00 Attachment "6" Project Name William Groves Project Location 7325 IH-37 Project Census Tract 35 New Jobs Created 5 Jobs Retained 25 Total Investment $300,000 Placed in Service June 2007 Allocation Request $275,000 Summarv William Groves IS constructing a new building on property he currently owns for the expansion of the tenant of the property, Paul's Fabricating. Mr. Groves is the owner of that company Paul's Fabricating performs custom tool and metal fabrication to tndustries, with many of its principal customers located outside of the Corpus Christi area. The new facility will allow expansion of current service lines and more efficient production. E~utive Summary William Groves is pleased to present this application for allocation of the Commercial Revitalization Deduction in the 2006 Round of the Commercial Revitalization Deduction for the construction of a new building for the expansion of the operations of Paul's Fabricating and Machine Works, Inc. in Renewal Community Corpus Christi. Located at 7325 IH 37 and near the intersection of IH 37 and SOuthern Minerals Road, construction on the facility will begin in the first quarter of 2007 and be placed in service in June of 2007 Paul's Fabricating and Machine Works, Inc. was established in March of 1981 and has o~ted under the same ownership for 24 years. The company is a producer of finished machined parts as well as fabricated works produced in the welding shop. PFM has the capebdities to machine most metals with state-of-the-art CNC machines. Plans call for construction to begin January 2007 with completion scheduled for June 2007. The building budget of $275,000 would include a metal building 50 x 75, concrete fOWlclation, electrical, plumbing and finishing. As shown in the development plan, since the costs to improve the property are for the construction of a new building, the expenditures meet all tests for project qualification under SeGtion 14001 of the Internal Revenue Service Code. Projected cost for all real property im,.-ovements is $275,000 and therefore an allocation of $275,000 is requested from the 2006 allocation. The total investment for this project will be $300,000 including working capital and equipment relocation costs. Evidence of financial resources is provided by a financing letter from Baftco Popular and a copy a the deed of trust is included. Involvement of Residents and Non- profit groups includes identifying residents of the area in order to take advantage of the Renewal Community Employment Tax Credit and also as an attempt to reach the employment requirements for obtaining Zero Percent capital Gains on the ultimate sale of the property. ....... PI tip8rty Description and Location Leal! Descriotion and zoning The building expansion project is at located 7325 IH 37 near the intersection with Sot.thern Minerals Road and the legal description of the property is Mid Gulf Industrial Tracts Lot 4-A, 4-8 and 4-C. Zoning is consistent with current uses of the property. 'iJtHO(~)l" ~ " p. <i' e ~ ~ o :r: 51 , , ~-J;';'I~'.~ ~'" to- ~'"l -. fl.-r;r:j [paUI'S Fabricating and Machl~ Works location ".SOp':}...._1 s., 2 'J.' c:. ~ ,.... "- '1' .- -;:; ::; .:' 1:"'._ 01. Il1lpment Plan New building expansion of manufacturing space with dimate controlled environment. Ploposed new addition will add approximately 3,750 square feet to an existing structure giving a total floor space of 6,250 square feet. Our objective is to climate control this area and transfer th&matn machining process to this new area. The current 7,500 sq. ft. machining area would become material storage, material processing and fabrication. The new air-conditioned area woWd enhance the machinist productivity, improve machine reliability and attract the best machinist to our business. eo.trudIan Budget Plans call for construction to begin January 2007 with completion scheduled for June 2007. The building budget of $275,000 would include a metal building 50 x 75, concrete fouIdation, electrical, plumbing and finishing. ..... Attachment "7" Project Name Michael Berry Project Location 11174 Up River Road Project Census Tract 50 Ne\\' Jobs Created 9 Jobs Retained 12 Total Investment $650,000 Placed in Service April 2006 Allocation Request $550,000 S~marv The Chicken Shack was operated by R D. Shepard upon its opening in 1939 at 3006 Leopard Street. After eight years, the Chicken Shack moved three blocks east of its original location, remaining there until 1971. In 1997, Michael Berry leased one of the vacant locations of Shep's Chicken Shack looated on Leopard Street and grew the business until that location did not provide enough physical space for continued operations. In 2002, the land was purchased and financing and planning was initiated. Construction commenced on the facility in the third quarter of 2005 and the restaurant opened for business on April 5, 2006. E-=utiYe SUmmary Michael Berry is pleased to present this application for allocation of the Commercial Revitatization Deduction in the 2006 Round of the Commercial Revitalization Deduction for the construction of a new location for The Chicken Shack in Renewal Community Corpus Christi. Located at 11174 Up River Road and placed in service in the second quarter of 2006, the location for the Chicken Shack is a newly constructed facility located near the intersection of IH - 37 and Violet Road Total construction costs are $546,726 and including investment in land and restaurant equipment, total investments in the facility are $650,000. The Chicken Shack in Corpus Christi was operated by R.D. Shepard upon its opening in 1939, at 3006 Leopard Street. After eight years the Chicken Shack moved three blocks east of it original location, and remained there until 1971. In 1997, Michael Berry leased one of the vacant locations of Shep's Chicken Shack located on Leopard Street and grew the business until that: location did not provide enough physical space for continued operations. In 2002, the land was purchased and financing and planning was initiated. Construction was commenced on the fadlity in the third quarter of 2005 and the restaurant opened for business on April 5, 2006. As shown in the development plan, since the costs to improve the property are for the construction of new buildings the expenditures meet all tests for project qualification under Seltion 14001 of the Internal Revenue Service Code. Actual cost for all real property improvements is $546,746 and therefore an allocation of $550,000 is requested from the 2006 allOcation. The total investment for this project will be $650,000, including cost of the land including the cost of the land and restaurant equipment. Evidence of financial resources is provided due to the fact that the facility is constructed and in-service with a copy of the deed of trust is included. In\1:>lvement of Residents and Non-profit groups includes identifying residents of the area in order to take advantage of the Renewal Community Employment Tax Credit and also as an attempt to reach the employment requirements for obtaining Zero Percent Capital Gains on the ultimate sale of the property. property Description and Location Leaal I1Iac:rrjotion and zenina The project is located at 11174 Up River Road and the legal description of the property is Lot Three (3) Noakes Partition. Zoning is consistent with current uses of the property. ";(; " .'t/"" 4'i~ ~"'r-9 ""\. .i:/ {/ L The Chicken Shack location '" .,. ; .. ~ .. ::; -v.' i ~';,IV"',_" ~v:. ~~ .... _'_~:','l D,. ~..,~... '.I':"na't~~:!fl1"\.t ~ ..., '~-' ~-/;':'#lI~~d St"'~. .. " ':!. ~ ~ ... ~ ~ ... ~: t -, .... ';J~ d.;' .....r,.. _ , o?'~ ....~f' .,. <.:..." -;;:':;':f ,,:. ~a , ~"\*.J. ,6\"("1... 'Y: '''''" "',.,"'V~" ""\:;~. '''-1,,/ ',,. .1'"_., ~'a ",. ;. .~ ~ .', ;. ~. ",. ~'".. .'1-'1- ''"'S,. <'c ~_t ~ ~-' .;..' s..~ ,~~c." '-.~, "1. (,;.. .,.. Q F====J 'GO m ' ,,:, " ' '.' . 1 000 1t .-~~C-e y ~'~ ,~~ /,.", ,J" b ;;41 '-t:l .s >. '~ ',. ,,:~ .,.....tj,:. .....' .;>- ,,"" r;...~:!.~.",.'?' ~~~ ':'1- ~ Oaootl'Ni'-wTEO Development Plan After three and a half years of planning and arranging the financing for construction, the new Chicken Shack location at 11174 Up River Road opened for business on April 5, 2006. Construction Budget As shown on the following construction cost breakdown from Innovative Construction, Inc., total general contractor costs for construction the building and real estate improvements was $519,579.00. In addition to the general contractor, additional amounts were expended for fendng, signage and utility connections making total construction costs $546,726 in accordance with the following schedule. Therefore an allocation of $550,000 is requested with this application. General Contractor Utility Connection Utility Connection Utility Connection Signage Fencing $519,579 3,682 1,400 1,489 18,348 4,250 Total Construction $546,726 '""""'" Attachment "8" Project Name Don Kirchberg Project Location Rhew and Leopard Project Census Tract 35 Ne\IV Jobs Created 0 Jobs Retained 15 Total Investment $2,000.000 Placed in Service June 2007 Allocation Request $550,000 Summary Mr. Kirchberg currently owns and operates an industrial park located at Rhew and Leopard Road where he leases several buildings and production yards to companies primarily operating in the petroleum industry. He plans the expansion of this industrial park to adjacent vacant land by the construction of necessary improvements to the real estate for water, drainage and wastewater service. These basic services will allow Mr. Kirchberg to offer addition build to suit and rental mdustriallocations fveeutive SUmmary Don Kirchberg is pleased to present this application for allocation of the Commercial Revitalization Deduction in the 2006 Round of the Commercial Revitalization Deduction for the construction of a new building for the construction of Phase I of Rhew Road Industrial Park in Renewal Community Corpus Christi. Located with frontage along Leopard Street at the intersection of Rhew Road with frontage along Rhew Road, construction on the facility will begin in the fourth quarter of 2006 and be placed in service in September of 2007. Don Kirchberg purchased the property in 1994 and has always been undeveloped agrtcutturalland. Mr. Kirchberg began developing the site as build to suit leased industrial prwnises and a portion of the property now houses the operations of Huisache Energy. Hl..isache's facilities are leased from Mr. Kirchberg. In order to be able to develop the rest of the 87-ecre site for build to suit industrial rental facilities, basic infrastructure such as water and sewage facilities needs to me constructed. Phase I of the Rhew Industrial Park antidpates the construction of these real property improvements in order to attract build to suit tenants. Plans call for construction to begin the fourth quarter of 2006 with completion scheduled for September of 2007 As shown in the development plan, since the costs to improve the property are for the cORStruction of a new building, the expenditures meet all tests for project qualification under Section 14001 of the Internal Revenue Service Code. Projected cost for all real property improvements is $545,390 and therefore an allocation of $550,000 is requested from the 2006 allOcation. The total investment for this project could be in excess of $2,000,000 including additional build out of subsequent phases of build to suit facilities for tenants. Evidence of financial reIDUrces is provided by a financing letter from Texas State Bank and a copy of the deed of trust is included. Involvement of Residents and Non-profit groups includes identifying residents of the area in order to take advantage of the Renewal Community Employment Tax Credit and also as an attempt to reach the employment requirements for obtaining Zero Percent Capital Gains on the ultimate sale of the property. .... P...-rtY Description and Location I PdIII Descriotion and zonina The Rhew Road Industrial Park is located at the intersection of Leopard and Rhew Road. A legal description of the property is Eleanor Tract sId TR 2, Assessors Map 141 32.36 acres out TR 4 5 of HWY 9 (formerly 263-141-403) and Assessors Map 141 54.57 acres out TR 4 5 of Hwy 9 (Formerly 263-141-400) Zoning is consistent with current uses of the property. ;"~go' '11f.., .. -. ~ tl, i_/~ ~ ..A.I >;_, ''/,0,,. .... .... .J.~:'-.t 2 ~ d~ . ~.,. l..:; -"...,;.\: .... .:t '1 " .. !!: :n .,:~ ... .~ ':J' :.:> i? ,:.) ..' Rhew Road Industrial Park Location LL ~ '- ~= ". ('I. '\"";;f,1 U; :::.tIHl."J: I' _~- ." :T ~ =. o "" .j w '" 12(10 m I 1 000 ft @ ::oce . @2000 NAVTEO o.eIopment Plan Don Kirchberg purchased the property in 1994 and which is undeveloped agricultural land. Mr. Kirchberg began developing the site as build to suit leased industrial premises and a portion of the property now houses the operations of Huisache Energy. Huisache's fadlities are leased from Mr. Kirchberg. In order to be able to develop the rest of the 87-acre site for build to suit inciastrtal rental facilities, basic infrastructure such as water and sewage fadlities needs to me constructed. Phase I of the Rhew Industrial Park anticipates the construction of these real pro,erty improvements in order to attract build to suit tenants. Plans call for construction to ~ the fourth quarter of 2006 with completion scheduled for September of 2007. ~--:.- -.... ~_. SiTE" .-. ' -. ;."'"..';~.. --=-:.. .1 ~ 'OWc- II , ._-~ ..,,~:;;:=';::r':. i~ ","""," ....~ ---::-:~ -. -~-~\._._-- ~~.~~~. ~ :~~_~"".""~.:~--"t-....~-....t-"""'-"~1r"'''''''''-f-'''''''V"11 "".... ...., ......If'....~-......__ '106 ~ .. i ' I I ' : ';- !i ~ ~ ~ .: I a;;, j.; I! ~".-!:..tn'=Fr: -i~~'- -~~k~:f~~:1' ~, I ; I _'L...I'I..-_ ~ -'_""__ ];.i !i ~ I .........".--, I,'. , ~ I ii \ I ,~ ~... ":;;r=,~~ . ! ---.1 . :::.- - .....~..S-~~-:..[.~t.ICi tJm - !l!::.c" "1IRm,.,"1..4:',J.I!!tli(r."\ilIII'.!'a'n.- _"",-,\,,,,- ::.-nl;'i'P 5llJ1OO_tn~ln......cc"I" M...."",.....,.....::lS. COISTRUCTION BUDGET DESCRIPTION RHEW INOUSTRIAL TR-\CTS UNIT 1. PRELIMINARY COST ESTIMATE I'CE 971 390PCEJ 7131106 f .ffEM t " O'._n._"._U"~ ICONSTRUCTION ITEMS 1 I STORM SEWER ITEMS i-2- TEMPORARY DRAINAGE DITCH EXCAVATION i ;:: TEMPORARY DETENTION BASIN EXCAVATION ! :3 15. RCP DENTENTION BASIN DRAIN I-- L 4. 1S"RCP DRAIN TO RHEW ROAD ! :: 18" RCP >-.. tjj' ~ 24"RCP __ _ __ .___ ____. : 7 27"RCP_ .___ .____..____.._ ____ , 8. !30. RCP H--- 42. RCP 1--:' I MANHOLE QUANTITY ___ H _.____.__. '-"--"'--..,- "'-- ---- .--' 1 -t- 7~0 460 717 '--- --- 600' 300 404 15 - -- ---.----------. 1- t.. .-, ----.-. --. ..- -_. "-" r- --~- -- -._.. - ._..-- --- ------- toFFSITE SANITARY SewER ITEMS .--- -- 1-- F'- 112" PVC PIPE ----- ----T ~ FGMANHOLE---.---- --"--- [~_.'<> PAVEMENT PATCHING _____"4_._.__._~_ f-- " IREHAB EXIST1NG MANHOLE ' ,.. --- .- n____ TRAFFIC CONTROL DURING CONSTRUe IrON FOR ----- 1-:.,- ~=~~~~ ~~~~~YF~~~~~ PIPE t-- EASEMENTS r=..-- .->-------: == ====::: ,.. - UNIT UNIT PRICE LS LS LF LF LF LF LF LF LF EA 2.000.00 $ 15,000.00 24.00 24.00 29.00 43.00 45.00 49.00 92.00 3.700.00 TOTAl STORM SEWER ITEMS $ ~--- 1400 LF 35.00 $ 4 EA 3,500.00 1 LS 10,000.00 1 LS 4.000.00 LS 5,000.00 1400 LF 2.00 1 LS 15.200.00 -----~----_. ,"'-. --i---.---- TOTAL OFFSITE SANITARY SEWER ITEMS $ joNSIT~ SANITARY SEWER ITEMS ____====:.__._ --- l-,'- 110. PVC PIPE , ___.__ ._ 1950 LF 32.00 $ ~-_---lFG MANHOLE _____ 4 EA 3.500,00 ! 3 4" PVC SERVICE ___~__.",. ,___ 18 EA 300.00 r"::RENCH S:FETY FOR '':~ _ __ ~o-=':SfTE SAN:ARY seweR ,,: . f---- ' .----.,----- -.----- ------ '12" WATER GRID MAIN ITEMS_______ _._., _,__.,,___ _L 12" pvc PIPE. ,__ _ .L~ 2500 " 12"GATEVALVEW/BOX 6 FH ASSEMBl V 9 __-..___.. ___ ,,_______._,,_____.__ _"____M_____"_~ L.l 12uTEE ___ __ __________"'_____ 9 i c, 12" CAP 1 I ~ 6. GATE VALVE WfBOX---- -- -------- 9 ;--."'. 16" 90 El - 9 Ii' -16" X 30" DIAMETER PVC PIPE NIPPLE -- . -" 27 ie,- 112" X au ADAPTER - - ----;-- i,I,.1C' IPAVEMENT P~TCHIN("=_= --- -. ----- ~ . '--'-~.-,._----- LF EA EA EA EA EA EA EA EA LS 45.00 $ 2,000.00 3.000.00 500.00 350.00 650.00 300.00 400,00 400,00 3,000.00 I --- - ~~_....._-- TOTAL 12" WATER GRID MAIN ITEMS $ ----. ,- ----- ,"-----^-- I ----- -- ----- -..-- ------,,--- ."-_..~ - SUB-TOTAL CONSTUCTION -- 10% CONTINGENGIES $ -....-..--- _._- j -..--- ,-~-~ ----- -" JOTAL CONSTRUCTION ITEMS S ~-----. _.-t--~~.. --~,- j-- AMOUNT 2.000.00 15.000,00 18.000.00 11.040.00 20,793.00 25,800.00 13.500.00 19,796.00 1.380.00 3.700.00 131,009.00 49.000.00 14.000.00 10.000.00 4,000_00 5.000.00 2.800.00 15,200.00 100,000.00 62,400.00 14.000.00 5,400.00 3,900.00 85,700.00 112.500.00 12,000.00 27,000.00 4,500.00 350.00 5,850.00 2,700.00 10,800.00 400.00 3.000.00 179.100.00 495,809.00 49.581.00 545,390.00 Attachment "9" Project Name: Nueces Hotel Holdings, LP Project Location IH 37 and Nueces Bay Boulevard Project Census Tract 5 New Jobs Created 13 Jobs Retained 0 Total Investment $5,000,000 Placed in Service July 2007 Atk>cation Request $1.475,000 SYfTlmarv Ntieces Hotel Holdings, LP is constructing a new Red Roof Inn. The building will be a three story, 87 room structure with amenities such a s a swimming pool, meeting room, coffee room, fitness center and lush landscaping. E~utive Summary Nueces Hotel Holdings, lP IS pleased to present this application for allocation of the Commercial Revitalization Deduction in the 2006 Round of the Commercial Revitalization Deduction for the construction of a new Red Roof Inn in Renewal Community Corpus Christi. Located at the corner of IH 37 and Nueces Bay Boulevard, construction on the facility will begin in the fourth quarter of 2006 and be placed in service in July of 2007. The Red Roof Inn is planned to be a three storv, 87 room structure with amenities such as a swimming pool, meeting room, coffee room, fitness center and lush landscaping. The Red Roof Inn Corpus Christi IS being developed by Southcorp Realty Advisors, Inc. with home offices in Houston, Texas. Southcorp has extensive experience in the development and management of hotel properties in South Texas, Industrial and Commercial properties as well as multi-family housing projects. Recent specific experience with hotel development includes the Studio 6 Hotel In Ingleside, Texas, the Hawthorne Suites Hotel in Mission, Texas and the Studio 6 ext8'lded stay suites in McAllen, Texas, As shown in the development plan, since the costs to improve the property are for the construction of a new building, the expenditures meet all tests for project qualification under Section 14001 of the Internal Revenue Service Code. Projected cost for all real property improvements is $4,347,991 and therefore an allocation of $4,400,000 is requested from the 2006 allocation The total investment for this project will be $5,000,000 including cost of the hotel equipment, but not the land purchase. Evidence of financial resources is provided by a financing letter from Inter National Bank and a copy of the deed of trust is included. Involvement of Residents and Non-profit groups includes identifying residents of the area in order to take advantage of the Renewal Community Employment Tax Credit and also as an attempt to reach the employment requirements for obtaining Zero Percent Capital Gains on the ultimate sale of the property Pleperty Description and Location l.eQJ1 Oescriotion and zonina The project is located at the comer of IH 37 and Nueces Bay Boulevard and the legal description of the property is Forest Park No 2 1.7466 ACS out of Lot 17. Zoning is consistent with intended uses of the property. 'Y'&H(""4jL~ v. ... ~ ;'< .' "(l.r~..,~ ~1;E,/. '''<t~. , "l....y s, '::'1(1).; j "'?j t~ ~~~ .,11......, ".,r ....., t:~ ~ ," v '''''~i) ,,f ':.fl'~'.Ct '-.;. '1')'S, ~. lV{>~. l.{;~.. ' ~:9 oS .'\," ~ ~r.I"'~ -,- ~(,l ./O~. )...,. ':~',.. -'''l'c ~ 1" Sf ~i" t"~"' ~ ~ \:.;.. ~ '>0."':.0{,. '1c:~ ~,) 'j D ~1< ".J~ ..~ ,,;-t e Q l'f R~ Roof inn L~atiO~ ...:.;,. '':'.j'' u~,o: ,ft \w.. ," ..I.. ....-'110." , ~':r ., .."I,.<~ ~~ +-. ....'.. ~11~f"/" 't. '''f~-'!~.,..t '.1':'. '_or ..}.~' ,r(' '"l...,~,. ,~.~ ..' ';J~ \: ,t, f' .. oF # ,'" .7 ,'to ...:,:- '{/r; t)., {1. "..1 '" '~"i ,~ ~~. ..'" ...: ~. ~ l!, . ", ," "",...' ,"1 it". ntt!th~" k"~!l;::' {,~#< ;:~J11 _ v:}' ~?) <;- l~~~'" Buff.~lo ::1 .1;J '-'<.1.'1 ..:' "Q$~ ,::~.'* ..'J, 0:;.>.' f~ :> }' . ~?~..,. v~ q, F-. ,~ /j.~,.. ,', r_ ';/ <" ';/ -5' c.-",_ ~7 ;! l': .-'::-~ .:0; ", ....ntelop... ::1 ~ -'1 .;;;. o .::. IV .- 0.. .,f ,\1 ..... .: ... ~~ 0;;;- .r- .-~,,::.. ,.~. '''-i. ~ , ':"l ...~;' ~~ a! I_I '. .' L,' '<. ,.~/ <w";~~ P ~~/ J..o ~.e -'S '" ;;. :J !~ S:J"U1:l0..;;-.". ,;t'lJ~tPOI"i !::, .t~ '(0 ...~s i..'p..n ~:1 ii,.;Jd1o:!n {;. -""/U'1,I..;,' 1200 m '1000 ft ""'l7'.:.;jfl'L @ 20C:I;' -- tJ"'hPI'l t) "_a,rt1i~ i:: d V~"'/ii~'f ;;.:~.'~: ~t~.")' ~t ~ I., -;aJ~ifJ,.. .w., -~ ~;.. ({i ; i ~- Me~tlM :a BreDn;1O $t ..!- . ....~. ..,. (I) ... "'" ~_ _ _ '''' _0.. " ~"~006 NAWG f~f; DeMlopment Plan ~~~f~~~~ ; ,..;tl-/r "'~-!r !~i!J!i ,. .. -.0'''-_-...,..,....., :'-"~'ju,,;!1' . ~4;~~~~ 1,'< ~::-':~,"'," ~_ ,I, \. - .. J ".....t,...~... -_..._":....,.,,~:...... ". ; .:;. j 1:":::-;':-__~..;. " :" '.~ " ,", ...-., I -~~!:iT.i::~.l}j~_~. The proposed building is a 3-story wood frame 41,000 square foot structure with a stucco exterior and composite shingle roof. The drives and parking areas will be paved with concrete. Amenities include a swimming pool, meeting room, coffee lounge, laundry room, fitness center and lush landscaping. Public utilities will be extended to and through the site and sever fire hydrants will be installed on both Buffalo Street and the IH-37 frontage road. Total investment in the.site is estimated at $5,000,000 plus land costs. ~...,,::.:;,. .c't._ -':".~ I ~--_. -'::::-~'=~r'r-----; ~--~. ~~~;-:~-i ; ;~- ;.':-~~."l..--,:,:,~]:-i' - -=~~ _~-&__-=-;:o;~. , . "::-" l_ :0.- ~_ ~._- ==: ~ -----,, . ~ . t := '=:-: i.! :;~-; ~~. - ~~.; - -:"f ~r;.::: "'c~'I.: f"-:>.I Ill" ).r'!,.~. C'!'!. ;;. -t....y.v_.. COISTRUCTION BUDGET Slto/Grading/Paving Building Furniture/FixtureslEqu Ip Lan dscape/lrr~gatro n :::: ati o/P 00 1/\/ 0 lie '1ba i I Signage Contingency Security S~/stem UtWty Construction PBX Phone System PfV1S Computers/Software Network Hardware Or-;-Conlmand System Const Offc ExptT rave Project Manager Opening InventorL______ Total Construction Cost $ 250,000 3,118,850 ~.87 1.5C, ""...' ,1,\ '--:. -; 25,000 80 ,000 80.000 217.691 4,500 28,OCO 42,000 25. DOG I 300 1 b,500 ... .,,, .r'f.",.U' ;lj.v0 ' 25,UOO 32 000 ~ $ .1,347,991 RESOLUTION NOMINATING PROJECTS TO THE OFFICE OF THE GOVERNOR FOR RENEWAL COMMUNITY COMMERCIAL REVITALIZATION DEDUCTIONS WHEREAS, the Department of Housing and Urban Development designated the City of Corpus Christi's Census Tracts 1, 3,4,5,7, 10, 11, 13,35, and 50 as a "Renewal Community" eligible to share in tax incentives to stimulate job growth and promote economic development VVHEREAS, the Renewal Community designation provides federal tax incentives to businesses located in the Renewal Community; WHEREAS, each Renewal Community may allocate $12 million of Commercial Revitalization Deductions per year and up to $10 million per project for substantially rehabilitated or newly construction buildings in the Renewal Community; WHEREAS, a business can deduct 50 percent of the building in the first year the building IS placed in service or deduct the full amount of eligible expenditures pro rata over 10 years; WHEREAS, each Renewal Community may make the following types of allocations of the Commercial Revitalization expenditure amounts-an allocation in the calendar year in which a qualified revitalization building is placed in service; a binding commitment to make an allocation of a specified dollar amount to a qualified revitalization building in the calendar year in which the building is placed in service; and a carryover allocation; WHEREAS, each Renewal CommunIty must submit to the Office of the Governor a plan for awarding its $12 million in Commercial Revitalization Deductions ("Allocation Plan"); WHEREAS, on December 20,2005, the City Council adopted its Allocation Plan, titled "City of Corpus Christi Commercial Revitalization Local Strategic Plan for the City's Renewal Community Commercial Revitalization Deduction Allocation Program" ("Local Strategic Plan") to submit to the Office of the Governor; and WNEREAS, pursuant to its Local Strategic Plan, the City published notice of the Commercial Revitalization Deduction application process, received applications, and reviewed applications fo, compliance with the Local Strategic Plan; WHEREAS, on October 31, 2006, the City nominated 4 projects for allotments totaling $5,200,000 and now desires to nominate 9 projects for allotments totaling $6,800,000 for 2006 to complete the $12,000,000 allocation for the current year; NOVV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF CORPUS CHRISTI, TEXAS, SECTION 1. The following project is approved by the City of Corpus Christi and nominated for approval by the Office of the Governor to certify the following allocation of the Commercial Revitalization Deductions totaling $6,850,000: eRD resolutIon revitalization 061114 2 a HBP Partners, Ltd., to receive an allocation for $1,400,000 from 2006 Commercial Revitalization Deductions for a building located at 500 North Water Street. b Brewster Street Ltd., LP" to receive an allocation for $700,000 from the 2006 Commercial Revitalization Deduction for a building located at 1724 N. Tancahua Street. c John Murray, Jr to receive an allocation for $550,000 from the 2006 Commercial Revitalization Deduction for a building located at 5110 IH-37. d Train Brothers, Ltd., to receive an allocation of $850,000 from 2006 Commercial Revitalization Deduction for a building located at 2500 Agnes Street. e Thomas Davis Sr. to receive an allocation of $450,000 from 2006 Commercial Revitalization Deduction for a building located at 622 McBride Street. f William Groves to receive an allocation of $275,000 from 2006 Commercial Revitalization Deduction for a building located at 7325 IH 37. g Michael Berry to receive an allocation of $550,000 from 2006 Commercial Revitalization Deduction for a building located at 11174 UpRiver Road. h Don Kirchberg to receive an allocation of $550,000 from 2006 Commercial Revitalization Deduction for a building located at Rhew and Leopard Road. I Nueces Hotel Holdings, LP, to receive an allocation of $1,475,000 from 2006 Commercial Revitalization Deduction for a building located at IH 37 and Nueces Bay Boulevard SECTION 2. The City Manager or his designee is authorized to execute a certification to the Office of the Governor that the City of Corpus Christi has followed the procedure in its Allocation Plan, and to the best of his or her knowledge, the application approved in this Resolution is complete and meets the requirements of the commercial revitalization deduction program ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor eRD Resolution revitalization 06103~ ........ 3 Approved: November 8 2006 ~-- AlSistant City Attorney for City Attorney CRD Resolution revitalization 06103 4 Corpus Christl, Texas of ______ . ' 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott eRD Resolution revitalization 06103 ' 24 1Il!!IIlI"'''- CITY COUNCIL AGENDA MEMORANDUM November 14, 2006 AGENDA ITEM: a Public Hearing to amend the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan (Master Plan for Sanitary Sewers 1963) by repealing the portions of the master plan covered by Study Areas 5 & 6 and by approving and adopting the Wastewater Collection System Master Plan, Greenwood WWTP Service Area, Study A.reas 5 & 6 and Whitecap VVVVTP Service Area Study Areas 7, 8, 9, 10, 11 & 12; and, h Ordinance amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan (Master Plan for Sanitary Sewers 1963) by repealing the portions of the master plan covered by Study Areas 5 & 6 and by approving and adopting the Wastewater Collection System Master Plan, Greenwood WWTP Service Area, Study A.reas 5 & 6 and Whitecap VVVVTP Service Area Study Areas 7,8,9,10,11 & 12. ISIUE: The adoption of the Wastewater Collection System Master Plan, Greenwood WWTP Service Area, Study Areas 5 & 6 and Whitecap WWTP Service Area Study Areas 7,8,9, 10, 11 & 12 addresses present and future development in the Study Areas by providing an update to the ex;sting master plan and a master plan for the majority of Padre Island. The amendment to the master plan is part of the City Comprehensive Plan subject to Council approval. RECOMMENDATION: Staff recommends approval of the ordinance as presented. ~~l\.~ / , -eborah A MarrOqu,",~ I nt.rim Director of Developmer(!)3ervlces / ~6 Attachments' Exhibit A Exhibit 5A Exhibit 5B Exhibit 6 Exhibit 7 Exhibit 8 Background Information Wastewater Collection System Master Plan Area 5 West Wastewater Collection System Master Plan Area 5 East Wastewater Collection System Master Plan Area 6 Wastewater Collection System Master Plan Areas 7 & 8 Wastewater Collection System Master Plan Areas 9,10,11, & 12 - AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Amendment to the Master Sanitary Sewer Plan (Master Plan for Sanitary Sewers 1963) by repealing the portions of the master plan covered by Study Areas 5 & 6 and by approving and adopting the Wastewater Collection System Master Plan, Greenwood WWTP Service Area, Study Areas 5 & 6 and Whitecap WWTP Service Area Study Areas 7,8,9, 10, 11 & 12. BACKGROUND: The City recognized a need for additional wastewater master planning in response to subdivision development occurring in the western area of the City and Padre Island. In response to the need for master planning the City contracted with Brown and Caldwell Inc. to prepare master plans for twelve selected areas of the City. The first master planning effort completed by Brown and Caldwell was for Sewer Planning Area 30 (SPA 30), The second master planning effort was for Study Areas 1, 1 A 3. and 4 The current and final master planning effort is for Study Areas 5 6 7.8,9 10. 11 & 12 The objective of the Master Plan IS to prOVide a wastewater management system that will meet the needs of Study Areas 5,6, 7,8, 9, 10, 11 & 12 throughout interim development and final build out. The analysis of Study Areas 5, 6, 7. 8, 9. 10, 11 & 12 addressed the proposed and existing of lift stations in the Study Areas coverage of the service area boundaries, review of the service area boundanes and intensity of development consistent with the adopted land use master plan. Differences between the eXisting master plan and the proposed master plan are shown below: · The service area boundaries in the proposed master plan are updated and more clearly defined · The City's Adopted Future Land Use plan (2005) was incorporated into the proposed master plan · The City's 2003 LI DAR elevation data was Incorporated into the proposed master plan to more correctly represent each sub-basin's topography. The final deliverable for Brown and Caldwell's analYSIS of Study Areas 5, 6, 7, 8, 9, 10, 11 & 12 includes a wastewater collection system master plan and associated land use and planning maps that show the recommended wastewater collection system improvements for each Study Area. Planning Commission recommended adoption of the proposed amendment at the regularly scheduled meeting on November 1 2006 EXHIBIT A ",~,S' '" J,il?P\:'';:':'' nC(oP! ~~'.- !;::"::~-- --~-, ~~~' ~~ iC 8 ::: .~. ;;;;-~~ . ,~ ,~-~ :iTY or . ~:':'j_.'S CHRIS ,',,;;;:;7[1' jtI , U:.JARTMENT -R , \ /' ./ -":1 '--'- (..:~ ....., """ , . ~-~~..............--~ ., ................................ " "1 i'.f"'J ! ~ ;; { / if I A- ~'->~" ;' .1f ""',~ ,~i,(f ""-, ..'-.~'~ ",'~ '/ I ',~/ ! 1"""""""./ "'~ If ' ", "',,/} '':/ </ l I I I I 1 ( l (' i J! I t 'v.' --"^'-'~~ - ,... - --; r :: ""~ '" '~ ~ .. ,~, ('- / '~~~' ~:~;,...-;,,- l' N -\hu.~> -WASTEWA TEFfCO[[ECTION-1 SYSTEM MASTER PLAN 6.1 GREENWOOD WWTP SERVICE ARE~ _ ARE~~'n_' ___, ,_ ~,_, ,.:..ct 3"'J:S ~..:_ .Sr.,_,L''':)' '.'F;f',' r,;.',) V( ,c", ~.- ",;---0.; :-':'~-.- . }{::,l""~9'fC",,"E ,...'-"";-1"-'; .!X,,;, $CW~"'~'I'I;..U~ ~,,~- ,;,::t;j,'.;..'H;V"t-.... ;;;":"HI~' ~ :i-'~- .i.e~~,.;E ARfA ,'."-$ A..'>.:i:-l'EO ~CbE Fe:'..:' Di' ,[( <':>;>0:;: ~~ ~:~:r;;:;~,~~~ :~_~~;~~;;~ ~~;;/' c ~ lEVEND ~~~..Ta;.-0l7'!'R~",'-iE E,"\'Y1lA.'6 a';.lsri>w.r~!. ....':-- ~......YJC"..l(),t:;.~'Cw.4,. I ~.-- ~~~~~;~: e ~)'Ij''''(j(i''' ,~rA'-~-"- · ~'::'~1.:J~ t~qi: ~iY' F.,,''-:.,.......'SF:::I~...-....,;, D:,";~..:::.:.._-\,\.~~'-_t- ;XS"v~ M.~!i.,.-:".y ~....'::;.;,JE 1;'- ,~i;;_.'.~ ~ l,e < I~ ~ I . , ~.:::- .~."i._ :caT EXHIBIT SA ~ N JI,~' ,.e " r.:" " " ... , " " '. .... " " c-0-E\{) ----,._- ,,1::.: .,'<~,"'l!IIllrf~ . ''<i .-,",,:, ,'4:;,t'e1MfV.';I;,'f -c~'<'fnI4;~ -"">;J<I~ ,,:--..._,-'t'l~~l!'" ',!,,~ ~""j.::i"~,,",,&!.!l '\''''''!~ ;;':.','o,'MItt -.'_1';',..~''-;_~~:' "'-\17"',(:';-,'" ~-'_ :If!' . ~.)i:,,~.::,. 5 '",...t'lt.lf. . ~. $JArtr"t. "A..".'fiJc$ '-V()"'::'S;!;H~'.lfIICU' ,-L'_,';....,~VMi~f "."'~\,-'.J'l'w_:'':",~E ,,_-;,')~ :)00. Ati6 y ~-?'~""l:JlP;,~", i :1 'I I I I II ,I :t I .,.a>L."+. ~'_', -... ,:"~:;:~.:-~~~ . .".,"-"- y# a ~ ;,ry OF CHillS' TrXAS ,/,\_/ /'OST[WAT[fI' fV ','[PARtaArNT ~ . o~,. ." FUTURE AiRPOR T PROPERn' -- :, , . - _.- '\ WASTEWATER COLLECTION SYSTEM MASTER PLAN GREENWOOD WWTP SERVICE AREAl ____AREA 5 _ I r---~+~ I ! I ! I , I , ~i.-qE,:':' 6 , .', -1,~:- TEr? P LA-:V - m:.:.t{.u:' I I , , , ", , , ... , " . ,. tl 'I 'I II .1 'I I: : I I: . I "='Y; I I "I II /-------_/ : . : // I: . /// : I / 'I' // I I /' I: 'I _J/ 1 I~ I ., ~-----f.il v:;... I~ .jjj _._~~~--~_r_ 'Ill ii ox ,0 I~ . ~~d I EXIS TlNG AIRPORT PROPERTY '- G i~:; G~J t ,- I . ~ ~_~,;;,;iI~:?':~ r: 1 c""7~ f'c-,.. . ~/;cif//.J"-" ..-,.. ,::--:::;';A_ :'''1 L.:.a ~ ~O"-''--'---'';' -- _~:;<,.f ei''"* '. .."...'..............'1. _~~~_"!b.! ;;o.,-~'" t..- ,:~...(.~.:..:;, ~/ *~\~ ~-i..,-;.,-; -. , ,,- j -,~;7 _~/""-k EXHIBIT 58 -.--... ..__._~- ,~ ;2 = --l ~~~~~ ~~ ~~;.~~ ~ - -~ j 1.~", oz- "o'? .~~ ",-. ~i~ !~! ~~ ~~;:; ~~:.: ~IC: '~o.i:,." ""!~ ~...-.,~' ~ I;:;:;jl! ~ ~ '" $: . - [iJ il "~ lid ~~ ~s ~~~,~~ ~!:il . ~~,~: tiC e.~~~~ s~ ,,\!!~...<!i~ ~~~! ~~~~:l'~ ~~ ~~~I!h i~!~~U~~~~~h~ ~. i'.h=1 ~~~Ii!~~~!~~~.~~ Ihll nOBII.Udi~iihi j~~I.1 ih. i ~ ~~," h ~ ~~ ~~.. ~qo..~ ,,&, ha"~i\'~IiJ~'5~n'~'!';c;t..~ ;"S~ ~w~ :w:~~"l:9~~"';~6~~~~ ~ ___...J "n,.,,,, --_____' .' J; " r--- I I I t-._~~ r- ~ 1 ~ l~ :m I I I I- - I I I :1 ~I ~I '1 I I I I I I I t I I 1..--'-'--- f' .;i ~zl :qc ~~',).;. 'il .-.. h/~ ,";/ :, ,ff'/ I rS"';/ t - ::,'';..'=,:::, ~,v.;::::,,::.i- '-1-. - - - - - - - - - -V.':'..... ,< :I I j ,"."" ,'. · :+;...... /_.. --- --...:- : 1-, ,I I I ~, ~-~ .~-} , \\ I If I ! It .ii 11'1 ...~ I 1 ~ ~ ~ ,~1 / h" /;;;~";:""",, ... ,.r'~'" _,"i'f~~~" [" 'n I' - I ~ 0 ~ ~~~ ~ ; ~ ~ IPH~< i"~~ ~Ii~~~~~n~~~ :!l~~fil"I"~~~<~ ] ~ ~ ~ ~ ~~ ~ ~ ~ ~ ; ~l ~ e ~ ~ E~ i ; :l ~ f ! ! 1'1 -L~^,", I' 1 1 '--:11': ~1f' ,- ~ -. -1' 9 ';l,1ei . - ~-==-=.=.~--~------'_._~----- II !i II-Ii ~I: ~ O~ ~ ~ ~~ ! ~ ~ ~~ ~ ~ ~ ~ 2 ; i . .. , _J , I' 1 . .. ~..f.~ <#~ ___-I ,_ _ _ c~ t~-",......~,'.'- ..... ~ &~ ~eJ \.:lg,j ~2: !Q r.s h.:: ~,..J ~~ g:~'-. i5~~ V)~9.. i2~90 g:~"l: 8~ . ~';' - > ""T -J q: .~ <::r: ct l~ ~~ Lt. 1-.).- t~ '- ~ $.~ / " \:: ,I ,~ " cg t- m :I: )( W <( W Z ~ OZW t-<(o 0..J- wa..> ..J Q:: ..JQ::W OW(/)cg ot-o.<( IX~iW W::E IX ~::E <( >wC .;>t-O W(/)O tii>-?; <((/)Z ?; W W Q:: C) ..... ~ ~~ 90~ ''''=If ~Cj i2lt iZ ~ ! ~ L ~~ i:: :D VI Q:: '.c.- _L..,~ i:!zp <CQ::t:Vl<l:""~' l> <l: .,. ::! ., '" >- :>:; ~ ~ ;!"-,, Z >- (/) l.w ~ 0:: ,', '" _ ;:) I-- <l: -", _l>&, ~e;o~ LL 8 3::Cl-(,i :nllll 'Ulh~ ~ N ~ LAGUNA MADRE I j l '> :;..~-- W'S...'.~.t:.;.~:'1'."',~F "~V';'HS~';:, 'J ~ -.<;~~ 'C.~h\ ,~ ~;::'!tV:h"",.t""'-'_' v1!.tltA -;'I!<4.t'i: ::u i;... 5;'''1';(;';' "',,~~ 'A..~,~ ,,,.,.~ '''~:,\ FINAL i~ I~ (irr OF ")"":)5 CHP'5T 'EXAS /'1_/ /,<\ST[WA;[R ( 1'1./ rOAR~[N~ ~",:T[U. ~W1'r . .. .. .-: ' / rGLJ PROPFrv r - .. '!":" ~I-" : l_, I .\ I , [:sl, " , ._CI I I ' ~- .'-_ J "..1 I ..: I I I I . I ' I; I f'7" fW II I to,: fl - ~. : .~_____, I '. i.. .,' Q : .k.~~_ -l J ,r -----.., i' I / ~: I / 'l SiJit / I I PADRE BALLI I I PARK / I ) I 1I / I ~ / I.... J / / ''',-:.. J. !' / /, ' .-- ",-~:,.1 ( I I l ,,' / I ,....::::....~~/ I ~~~:. c \ ~~:l/ ,/ ~'//(/<.{.~/ <I... I ~/(///'~':)-7' l" .. / If /:~<:::' './ f / ./ '~~? / -"', ;' I I / I ! I I / I I .., I I I I - . -- .' \ \ l ~ \ E. . . .. \ \ ::':.1 ~.,.J ""....,.... // -' \ \ \ \ I " , h. -,~. , .......-f__ ,...,,' ;t;.~ . . , ; I / GULF OF MEXICO NOm! , :..ND:i$E '':JtAR,IC'fRfST!'';S :l~~€ l)frfHMwrfl' .o:!TV.'I Fiit Af.!(1ilTE.:::t:r)RPlJS~rfFL.7i./fff~I.J::"'E.It4., &,(~f':,- ~\Y'.l.jl~"ir.;;.vmw:: rJO/U..l.'SHA/i'F,<.[1+'....rr" ~.F.i_,"\.~-mst...l'.'Cf5S:~qO,\'-1L\~)S! $ ~,,::,"".fJ o IN TU( I1B....<:fNC: {JIC' fXI$."11,':; .'"WW c.~r.A RESXr\';,.\l ;:':':;,,'5 Wf~'~,"SS~ :'"US.fltoF'G:";.C4.t.",'lAV,~<; Pr,>> ~CE'):;.~' r..;;:.1 ,-. . ;'_,,~:"!DJA.hUA~rti2J."V5 / ~ J /I!...i..?ij)~' S!ZiS.q.\'!l.iI.(lI1t~<; VU:' iCt';:'~Vi.i~~";:; ,~sr"-.'<lis.',F;!' .1:1 ;,o\c;)',~ EFfEr:T:l:!' JA."";~~Y" ;l~~ .. iHf PEJ.~wt; FK;r:~ r.~.:IS ,:~~Ci:J.A "ft)'!$~'tI(; ~'"'E ,'"<.4,l?rtfl F B4681,TF..~fUi.,,\ ~.ft>/i(... '<..lS seE_" we:! Y j)S::::.' ,~'; "RE/iiJCfi ~Att,!iT'F!fFt~lV... ,~[ 1,(.t\tfC'i./,S -lRE ND:" S'Vt;..... ref, t:.:.-1RITY Ii r:~ 56J:;'\','CeJ4l.::1S;I'fIiE J\S...'i-'/.e:. .~;)6f FIAt > ,:It;!~.:..'FE':; .~t..:.C~ ~ifflB:':'7()I'{ClJ!'.,'L.'i..'I1S .W=i-:'i"''''€'iiP',']I'rW,l'!fit. i)$X ,~,'i~ SERIES ~?X,~:Cw."5' "'".-r:.Et'OiP..! iS~~,','O SWOikW_~'lo';O:E '~,'1'rD rR4/tfi 13<.'1") .\H' aUA:JR.4MILE. r~'6..\ ~ :""OWt\"iViiPtJ!5'S~( ~fiJ'DS~f..W[M;(J/u. !A;.,~i.3 SHAil /'!4lf'~I.'JNi(''l.'~N:;.'~.')F~ ".:':' R ~ \ '\.. I l} ..\,; L c~~~~~~~e~~~l~;"!~~+~!.. ---- WASTEWATER COLLECTION! SYSTEM MASTER PLAN , WHITECAP WWTP SERVICE AREAl AREA~]~_8 Q)<<. .' ..f_. ~ _. '..:'~... ' =<"~l'..' \ -.;:, , ,'~ ~ - ~ .-~ .:::..t ..{:-~~ EXHIBIT 7 , ,'-.; ,''': ,;)'fARACTfRIEi'ICS r.E"'~ ,A,"::',:fwNcl- ~.~. t,-' <iY ,::"E2 ccWfIfJICHRJSTi ;:(,' "QE i...A.'.;'1 Uji .!I4F JJ.;l' i", iA~5<J'WIN~}I4lir ....FiCv.~.." i;FIIH 'fvt'W~..Nr_'lCE5$TAfi ",..4,/G:"'.')'8,2r.X'f' '.Cft ..:.esENCElIF EX1$T'-NG " ',W 0... ~__~'{ES,ftnr... ;fR:~wI.":.-::GA;.("W'il' -t' :>fQ::),': -,",- ;'IOtSfES_s.OPESMEC' iCE_ ~415: ~..i:)!'~-14NC.\4P',:.';';:. ''''t '''Ev.1NGF~W<i5c:..,,~:\.f;A';-: ,-',"iNG ti4 -'.o\R:A jAse~ ~()RUIU WHICH H4,~ 5Er~/ W'Ci_ --::SEe '. ~9f', -::: ~~U !JAS!cRPUN..1; ')41{ flA."'~IvOTSf':'~p;_~~' C:L,I,'i,T'( >orE 5ERt.',Ci ~ ~lf_1fE AS.~.'(AIEC .. - Sf ,;...-a ,--~i~,-'';>; ~._~ :F!HE aftiJf1lONc()I(1J: 1.-<5 .~'EF."E :;SWV!C .>-::(.)1,1 ::~t 'S<'iS ~ ~ MiNl11I<<mES ~~;C A(4l'l1S r,r~ro CRA'.f 3.i-4.'lIDSt1-'O'JIII/III.ANGt..E T!Jt'V,WOCJ?'WEiSLANO'o"1- :'.}ADIiANmE _ --;"ED..7fATfItJ1JSI8LE.. Th[ ~j"STREAM [NOo.r 4. j .' T!>'JJ.S SH4lLHA~'f A MlNI4!~~~ !)fen.. t:~ 4 FEE r-'- I ~ i ! LEGENl _~*4ST"f'.tATFf(:fN; ~WASTf;YAl"ER[,_"'- ,"RlJIIOSEi;~E.A~!"" .':X/S1lN(; cORCE,{~~I" ~XAtDVG EmlJtl.:c ,',:;A'('EM..V. ~'"XIII/NG ~rri'''''; ~~p; Sf.' )(l1$JOE :y ARfA~ C J 4~8C,--W€"JjO< ,'F1"STAri(W,f{! "","",~ "':-.'~';;:~ ,U8JtREA t1Ci..1N~', ..lJJ4CE~'~.R&j '("'"[Ef.,' ..... ii61ARf." ~'Ai.i 11 . . ~"if.iJur r;X1."it.;37S~~ c ;;4II!1NG OFT S t '" JUIa?f '" AIlI"> ~D&M.~' ~tJ$1IN(,-~ SYJlJlIlfG~ JUTIiCE OF ARt ;, ----rGiO PROPER"" LAGUNA MADRE ./~ "!' t' 1 ~' . . r-~ I ( I I i fl=J F"] ~::.. J ....- ...,...\...~-- ~" j ....._._~_/ . .. , 1 .. ..~;:;. PINAL A ~'ORLL;S T[ WAST[\~~'- D[PJ,f 'A' (}/r./ -'-';',,~ i'.i~.....'J';_"h "( ..'" ;" ;!t i -, - :;/."", i .-.<~~) ,~I !/ '/ './ , I "I "- V . . .' .. .....:.: l' N ',,", ..- ,~ ~ .... '~.t. ~.. /, i / "' ~; ./ / ......." ,f / , ~!,/-I/ '............. '(::ic;:I.t.l,::}~_--...~ ~';':.ll '....... , \. J:,/ " I \." 1 ~ .. \ 'i. / 1 I ,I ! ~_-\ .. .,...//1 bE I '.' , \' '1E>1C1 '^C"".; / ' 1t',,, 1 . '~. II! 1,/ / ~ _//_I,J?( .., /' :~~~_-_~'C \ ,/ ...., C" \ \. ~ 1, / I \;~;;, .- -~':.~:;::s~_:.:...:!' / ,~ A9t~GI:.? -_C~~~NE.'-_-.I I "<1m. --' I ~_ --1 I ~/ I, I / '-",----/ LAGUNA MADRE i'- ,'- , " / / <C " / / ~ -, , '- , "'~ ;;f. lZ',. . 7{'-1ri . . ~.... .. ~ :i ,~ I . lri I I ...1 " -I \ ...l~j , " '--, i .. I "\ , , \ ~~ . . , . . ~, ~ ? .. -0; ,,,:. . - 't'- . -.- WASTEWATER COLLECTIONl SYSTEM MASTER PLAN j WHITECAP WWTP SERVICE AREA A~~~~~~ 19,- 11u~J.?_ _ _.__ 1 '. , '- I / I, I I I " / .. '-,,/ .\;~;': i GULF OF MEXICO 'c 4<.q;;;r., ;( ',C, c "'{'-1r~ '-..; ~[ . COUNT'" PRD:)~'.F'.- (S::WER SERVICE 15 ~,jCT AN-iCIP,!:l~ED) ,REA, :..R Si\ ~ C ~ # ~ ~ ~ @ B" II .' I ,\', ILL ,,~gILNV ~NG!NeJ;:JUNGh~, nengTn-eers&"c'onsuitants'-'J---' ;'1'/1:, .>l;l<.it~'J~.AJ. 'lRM.Sl"-'.)Ji'I.Af!C'ti .~:':lVf''',':::'' '.I.~lf'i:i,...)t!>L::;Kl""'AN"C.fMI't. !:iO~ ......\";-:;..T\O!-. $U;lE3tX> (;Oll'~j>C:<<;;:1 ib.\....:.; .-~...c~ -..... ';o:;M:'-'''1Yl C,.o.)::k',*,Pt~ W\....".~......';.;':;;.;. E9~ /m~," ..:.~..\. "'.!1OJ:~ . ~~ i,lJ;.'fj EXHIBIT 8 Page 1 of 3 ORDINANCE AMENDING THE CITY'S COMPREHENSIVE PLAN BY AMENDING THE MASTER SANITARY SEWER PLAN (MASTER PLAN FOR SANITARY SEWERS 1963) BY REPEALING THE PORTIONS OF THE MASTER PLAN COVERED BY STUDY AREAS 5 & 6 AND BY APPROVING AND ADOPTING THE WASTEWATER COLLECTION SYSTEM MASTER PLAN, GREENWOOD WWTP SERVICE AREA, STUDY AREAS 5 & 6 AND WHITECAP WWTP SERVICE AREA STUDY AREAS 7, 8, 9, 10, 11 & 12; PROVIDING FOR PUBLICATION WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the adoption of the of the Wastewater Collection System Master Plan, Greenwood \NWTP Service Area, Study 5 & 6 and Whitecap WWTP Service Area Study Areas 7. 8, 9, 10 11 & 12 and WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 1, 2006, during a meeting of the Planning Commission, and on Tuesday, November 14, 2006, during a meeting of the City Council, in the Council Chambers, at City hall, In the City of Corpus Christi. during which all interested persons were allowed to appear and be heard and WNEREAS, the City Council has determined that this adoption would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City's Comprehensive Plan is amended by amending the Master Sanitary Sewer Plan, adopted July 27, 1983 by Ordinance No. 17743 (Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983, the Master Plan for Sanitary Sewers 1963. and the Master Plan for Sanitary Sewers in Flour Bluff) by rescinding the portions of the Master Plans covered by Study Areas 5 & 6 and by approving and adopting the Wastewater Collection System Master Plan, Greenwood \NWTP Service Area, Study Areas 5 & 6 and Whitecap VWVTP Service Area Study Areas 7, 8, 9, 10, 11 & 12 are approved and adopted, and made a part of the Comprehensive Plan of the City of Corpus Christi, as shown in attachment 1, which is att8ched to and incorporated into this ordinance. A copy of the Wastewater Collection S~tem Master Plan, Greenwood WWTP Service Area Study Areas 5 & 6 and Whitecap WWTP Service Area Study Areas 7 8. 9, 10, 11 & 12 is on file with the City Secretary SECTION 2. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. H\lEG-DI R\Shared\GaryS\agenda .20061 11-14\AmendCompPlanGreenwoodWhitecapWWTP.doc - Page 2 of 3 SECTION 3. The City Council Intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, If any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision. clause. phrase word or provision of this ordinance. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor. City of Corpus Christi APPROVED: November 8. 2006. ~/A~ G ',. . Smith Assistant City Attorney For City Attorney H:\LEG-DI R\Shared\GaryS\agenda 2006\ 1 ' -14\AmendCompPlanGreenwoodWhitecapWWTP.doc Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the ____ day of __.____ ' 2006, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Ma rk Scott Jerry GarcIa That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __ ______. 2006. by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia PASSED AND APPROVED, this the day of ,2006. ATTEST Armando Chapa City Secretary Henry Garrett Mayor APPROVED: November 8, 2006 By: Gary W. Smith Assistant City Attorney for City Attorney H\LEG-QI R\S hared\GaryS\agenda\2006\ 11-14\AmendCompPlanGreenwoodWhitecapWWTP ,doc ~. 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/14196 A8ENDA ITEM: Ordinance amending the Code of Ordinances Chapter 4, Alcoholic B.,erages, by adding Section 4-8, Open Containers and Consumption of Alcoholic B..,erages Prohibited in Certain Public Places; providing for severance, providing for publication, providing for penalties, and declaring an emergency. IsaUE: The unregulated publk; possession and consumption of alcohol has created m.lTlerous public safety and nuisance problems in this geographical area. RIQUIRED COUNCIL ACTION: Passing of the ordinance. PREVIOUS COUNCIL ACTION: Resolution passed 5/09/06 to submit application to TABC FUNDING: No funding is involved. CONCLUSION AND RECOMMENDATION: Staff recommends passing of the ordinance. Bryan P. Smith Chief of Police Atlachments: . Ordinance . Map ,.,... BACKGROUND INFORMA liON The City of Corpus Christi recognizes that unregulated public possession and consumption of alcohol has created numerous public safety and nuisance problems in certain areas of town. The Texas Alcoholic Beverage Commission (TABC) provides for the City to petition them for an order authorizing the City Council to adopt an ordinance prohibiting the possession of an open container of an alcoholic beverage and the public consumption of an alcoholic beverage within the Corpus Christi Central Business District ("District") This district is a compact and contiguous geographical area of the City in which at least ninety percent (90%) of the land is used for commercial purpose. It is within this district thtlt there are individuals who engage in activities that create nuisances and pose th,.ats to the health and safety of the citizenry of the City. These activities may hinder the efforts of the City, to include those of merchants located with the District, in attracting citizens and visitors to the City in general. The City recognizes the potential issues associated with open containers and public consumption of an alcoholic beverage; therefore, the City Council deemed it necessary and proper and in the best interests of the citizenry of the City to petition the Commission for an order to adopt an ordinance prohibiting the possession of an open container of an alcoholic beverage and the consumption of an alcoholic beverage within the District which was done by resolution on May 9, 2006. Once the resolution was passed by Council in May, the application and the map were sent to T ABC for review After T ABC held its hearing on the matter, the order and authorization to pass an ordinance creating the district was received by the City on August 3, 2006. The ordinance has been drafted and is now and brought to City CClJncil for approval. ~ AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 4, ALCOHOLIC BEVERAGES, BY ADDING SECTION 4-8, OPEN CONT~ERS AND CONSUMPT~N OF ALCOHOL~ BEVERAGES PROHIBITED IN CERTAIN PUBLIC PLACES; PROVIDING FOR SEVERANCE, PROVIDING FOR PUBL~AroN, PROVIDING FOR PENALTIES, AND DeCLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 4, Alcoholic Beverages is amended by adding Sec. 4- 8, Open Containers and consumption of alcoholic beverages prohibited in certain public places, to read as follows: Sec. ~ Ooen con~ _net consumotion of alcoholic beveraaes 1DbIt*ed In certain Dub~lc Dlaces. (a) Definitions: Corous Christi Central Business District shall mean the area contained within the mao submitted to Texas AlcohQlic Beveraae Commission for 8oDroval. a CODY of which is on file wittl the City SecretarY and incoroorated here by reference. with the boundaries beainnina on Buford. at the intersection with Shoreline. then west to Alameda. north to 1.JDan. west to Joseohine. north to the alley way between ~tina and Leooard. Ulan west on the allev way to Coke Street. then south to Commanche. then west to Palm Drive. then north ~o Up River Roacl. then west to the Woodlawn Shoooina Center. then southwest to the southerly ooint of the Woodlawn ShoDina Center. then northwest to the intersection of Elmore and Leooard to include the Woodlawn &hoooina Center. then east on Leooard to Oliver Ct. then northeut to the Oliver Ct. dead-end and alona the orooertv line to Buddv Lawrence. then southeast to Nueces Bav Blvd.. to include the shoooina C8I1ter 8'1d U. S. Post Office. then north to the northsi~ frontaae road on Interstate 37. then east to Ramirez. then northwest to Waco. then northeast to West Broadwav. to induqe the Olq Bavview CemeterY. then alono West Broadwav. then north from the end of Stillman Road to Harbor Drive. then east on Harbor Drive to Chaoarral Street. then to the midway ooint of the Harbor Bridae. then east into the Corous Christi Bay to include the sooil island off the ba'ae dock. continuinG south to include all the T -Heads. then to Shoreline Drive. iust before McGee Beech. and south to the ooint of beainnina at f3uford. QDen container shall mean a container that is no loncer sealed. ~ tb) A oerson commits an offense if he or she oossesses an ooen oontainer of or fOOSumes an alcoholic beveraae within the Corcus Christi Central Business District. tc) It is a defense to orosecution under subsection (b) of this section that the ~on: ( 1 ) Was in attendance at an event that was authorized bv the City Manaaer or the City Manaaer's desianee: (2) Was within the area of an establishment licensed bv the Texas Alqoholic Bev8f11Ce Commission for alcot'lol oonsumotion on the oremises: (3) Was inside a motor vehicle: (4) Was inside a buildina not owned or controlled by the city: or (5) Was inside a residential structure or on residential orooertv with the owner's consent. (d) If a Derson DOsselSeS or has in his DOssession an QDen container aoecificalv made for t~ OurD0S8 of containina an aIcotxllic beyeraae and pq,Ied .. containina 81 alcoholic beveraae. it shall be oresumed that any content therein is an alcoholic beveraae. te) Nothina in this seqtion is intended to orohibit or otherwise control the ma'lufact.ure. sale. disQibution. transoort,tion. or oossession of al~Qlic bevera086. exceot to the extent anowed by state law. * * * * * 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. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6. SECTION 5. That upon written request of the Mayor or five Council Members, the City Council (1) finds and dedares an emergency due to the need for ...... immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the 14th of November, 2006, ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Henry Garrett Mayor Approved as to legal form ;J;VfUl~V' 1 2006. By ~ Lt-.- Jo h Harney "\ Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI BEFORE THE TEXAS ALCOHOLIC BEVERAGE COMMISSION ORDER On this 31st day of July 2006, came for consideration the petition of the City of Corpus Christi requesting that the Texas Alcoholic Beverage Commission adopt an Order pursuant to ~109.35 of the Texas Alcoholic Beverage Code, V.T.C.A., that allows the prohibition of the poss_sion of an open container and the public consumption of alcoholic beverages in the Central Business District of the City of Corpus Christi. The Commission finds: Section A. The City's resolution--determining the possession of an open container and pUblic consumption of alcoholic beverages in the City's Central Business District poses a risk to the health and safety of its citizens--is properly submitted. The resolution is attached as Exhibit 1, which is incorporated herein by reference and made a part of this Order. Section B. The map showing the Central Business District of the City of Corpus Christi, properly identifies the Central Business District of the City of Corpus Christi and meets the requirements of ~109.35(d), Texas Alcoholic Beverage Code, V.T.C.A. The map is attached as Exhibit 2, which is incorporated herein by reference and made a part of this Order. It is, therefore. Ordered that: Section 1. Subject to Section B above, the City of Corpus Christi may enact an ordin8f1ce prohibiting the possession of an open container and public consumption of alcoholic beverages in its Central Business District consistent with the provisions of this Order and ~109.35, Texas Alcoholic Beverage Code, V.T.C.A. Section 2. This Order does not prohibit the possession of an open container or the consumption of alcoholic beverages in motor vehicles, buildings not owned or controlled by the City of Corpus Christi, residential structures, or licensed premises located in the Central Business District. Section 3. This Order shall remain in force and effect until such time as it is revoked or rescinded by the Commission. Signed and entered this the 31st day of July 2006. TEXAS ALCOHOLIC BEVERAGE COMMISSION }./~ . ~~ M(J./J~ ~addj:~ d * - Jose Cuevas, Jr., ember 26 ,~,....,~ Requested Council Date: 11/14/06 Alternate Date: 12/12/06 COUNCIL MEMORANDUM A ) APPROPRIATING $1,036,000 FROM THE UNRESERVED FUND BALANCE IN NO. 1020 GENERAL FUND FOR "ONE TIME" EXPENDITURES APPROVED IN THE FY 2006- 2007 OPERATING BUDGET INCLUDING: CENTRAL LIBRARY FIRE PANEL $50,000; AIR CONDITION SYSTEMS FOR BEN GARZA GYM $50,000, LINDALE SENIOR CENTER $17,000. AND ETHEL EYERLY SENIOR CENTER $19,000; FIRE STATION DRIVEWAYS $100,000.. AND STREET MAINTENANCE $800,000; AMENDING THE FY 2006-2007 OPERATING BUDGET ADOPTED BY ORDINANCE 026908 BY INCREASING APPROPRIATIONS BY $1.036.000: AND DECLARING AN EMERGENCY B) Mohon approvmg the purchase of three (3) asphalt rolling machines from Conley Lott- Nichols. Dallas. Texas fi)r a total amount of$170,511 The award is made in accordance with the cooperatIve purchasing agreement with the Texas Local Government Cooperative. All three machines are replacements to the fleet Funds fi)r the machines are available in the Street OperatlOns Budget ****************************************************************************** Purpo se These machines will be used by the Street Department in day-to- day operations to compact newly laid asphalt. Basis of Award This equipment will be purchased through the Texas Local Government Purchasing Cooperative's electronic purchasing system, called the BuyBoard. The Cooperative is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League (TML) and the Texas Association of Counties (T AC) and abides by all Texas statutes regarding competitive bidding requirements. Conley-Lott Nichols will be the dehvering dealer; Anderson Machinery Company will be the servIcing dealer on this equipment Fundmg: Street Department 550020-1020-12430 Capital Outlay Line Item Nos. 9 & 10 $170,511.00 BACKGROUND INFORMA nON On January 10, 2006 the City Council passed Resolution No. 026605 reaffirming certain fint.ncial policies, providing policies for maintenance of the General Fund Balance at an adequate level and providing policy direction on preparation of the FY 2006-07 Budget. The Resolution states it is the goal of the City Council to maintain a reserve in the General Fund Unreserved Fund Balance which totals at least 10% of total annual General Fund appropriations. The Resolution also stated that undesignated Fund Balance in excess of the 10% policy re<Jlirement may be recommended for expenditure on one-time improvements, with a priority on mfrastructure and equipment which will reduce the need for future debt. During the FY 2006-07 Budget process staff recommended and the City Council approved the following one-time expenditures: Central Library Fire Panel Ben Garza Gym NC Lindale Sr. Center NC Ethel Eyerly Sr. Center Ale Fire Station Driveways Street Maintenance TOTAL $ 50,000 50,000 17,000 19,000 100,000 800.000 $1,036,000 -~ ORDINANCE APPROPRIATING $1,036,000 FROM THE UNRESERVED FUND BALANCE IN NO. 1020 GENERAL FUND FOR "ONE TIME" EXPENDITURES APPROVED IN THE FY 2006-2007 OPERATING BUDGET INCLUDING: CENTRAL LIBRARY FIRE PANEL $50,000; AIR CONDITION SYSTEMS FOR BEN GARZA GYM $50,000, LlNDALE SENIOR CENTER $17,000, AND ETHEL EYERLY SENIOR CENTER $19,000; FIRE STATION DRIVEWAYS $100,000; _ AND STREET MAINTENANCE $800,000; AMENDING THE FY 2006-2007 OPERATING BUDGET ADOPTED BY ORDINANCE 026908 BY INCREASING APPROPRIATIONS BY $1,036,000; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,036,000 IS appropriated from the Unreserved Fund Balance in No. 1020 General Fund for "one time" expenditures approved in the FY 2006-2007 Operating Budget Including $50,000 for Central Library Fire Panel; $50,000 for Ben Garza Gym air condition system; $17,000 for Ben Garza Gym air condition system; $19,000 for Ethel Eyerly Senior Center air condition system $100,000 for Fire Station driveways $800,000 for street maintenance SECTION 2. That FY 06-07 Operating Budget adopted by Ordinance 026908 is amended by increasing appropriations by $1,036,000 SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the 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 this the __ day of ,2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal form approved lV DV "- By: ~_ ~ Lisa Aguilar -r;- Assistant City Attorney for City Attorney Henry Garrett Mayor ~-J-' 2006 CITY Of CORPUS CHRISTI PURCHASING DIVISION BUYER: GINA SANCHEZ OA TE 10/24/06 PRICE SHEET BI-0060-07 BOMAG PNEUMATIC ROLLERrrOWABLE ROLLER ITEM DESCRIPTION CONLEY-LOTT NICHOLAS KEWANEE, ILLINOIS Unit Extended QTY. UNIT Price Price Pneumatic Roller unit $59,646.00 $59,646.00 - L Towable Roller ~ unit $55,43250 $110,865.00 Total 5170.511.00 27 .........__..._._-~ AGENDA MEMORANDUM November 14, 2006 SUBJECT: Whataburger Field - Right Field Access Ramp - Project No. 6407 AGENDA ITEM: Motion authorizing the City Manager or his designee, to execute a Design and Construction contract with Corpus Christi Baseball Club, L.L.P, of Corpus Christi, Texas in the amount of $-0- for the construction of a Right Field Access Ramp at Whataburger Field. FUNDING: Funding will be supplied by the Corpus Christi Baseball Club, L.L.P. RECOMMENDATION: Approval of the motion as presented L../R P.- r~L I~ft.... ~~(R ~scobar\ P. E. Diflector of Engineering Services ~ITIONAL SUPPORT MATERIAL E.... ibit A Background Information Exhibit B Contract Summary Exhibit C Site Map H:\MOME\KEVINS\GEN\BasebaII\RlghtFieldRampIMemo doc BACKGROUND INFORMATION PROJECT DESCRIPTION: The project will result in the construction of an ADA compliant access ramp serving the right field stands. The ramp will provide improved access to the right field stands and souvenir shop. The stands along the right field line are accessible only from stairways, one elevator and the left field ramp ADDITIONAL INFORMATION: While the stadium is fully compliant with the Americans with Disabilities Act and Texas Architectural Barriers standards, the Hooks management felt a right field access ramp would dramatically enhance the stadium. The team management approached City staff with an offer to construct such a ramp at their expense. The offer was conditioned on the Hooks being able act as their own construction manager. This would allow them to select and negotiate directly with a contractor while avoiding the delays of bidding the project. Hooks management also inquired whether it would be possible to receive a sales tax exemption for materials incorporated into the ramp which would become property of the City. The City Attorney's office researched alternatives and determined that such an arrangement was possible. The arrangement was reviewed with the Comptroller's Office to ensure the arrangement met their requirements. The City Attorney's office did recommend that the City formally contract with the Hooks for design and construction services to: · ensure the work is properly design and constructed; and · minimize City exposure to any claims that might arise. CONTRACT: The contract will be directly between the City and Corpus Christi Baseball Club. The Hooks will select and contract with the design team, contractor, testing laboratory. They will pay for all expenses associated with the project. Prior to starting work the Hooks contractor will provide the City with a certificate of insurance, payment and performance bonds. The City wilf issue a sales tax exemption form, review the plans, conduct periodic inspections and make the final Inspection prior to acceptance. See Contract Summary (Exhibit B). FUNDING: Funding is provided by Corpus Christi Hooks Baseball, L.L.P. IMPLEMENTATION SCHEDULE: The project is scheduled to be complete prior to the first home game of the 2007 season. H' \HOME\KEVI NS\GE N\Baseball\R ig htF ield Ramp \BkgExhA.doc EXHIBIT Page 1 of 1 CONTRACT SUMMARY CONSTRUCTION MANAGER'S DUTIES 1) Construction Manager will retain the services of a firm(s) or individual(s) professionally and fully qualified to act as the c1tsign professional registered or licensed to practice engineering by the State of Texas; (2) The Construction Manager will select and contract with a qualified general contractor for the Project; (3) Corwtruction Manager will ensure that all necessary licenses, permits, inspections, or other authorizations necess.-y to construct the project are obtained by the contractor and its subcontractors; (4) Co..truction Manager has or will secure the expertise, experience, and knowledge as well as the necessary plant, personnel and financial capability to perform the Design Services and the Work in accordance with the terms of the Contract; (5) Prior to the award of a construction contract the Construction Manager will ensure its general contractor has visited and inspected the Project site and the local conditions under which the Project is to be designed, constructed and operated and Construction Manager has performed such tests, if any, as are necessary to determine the conditions under which the Work will be performed, and Construction Manager accepts the conditions of the Work site and has taken those conditions into account in entering mto the Contract (6) Construction Manager will pay all fees and expenses due and payable to the consultants, design professionals, and general contractor. (7) Construction Manager assumes full responsibility to City for the Improper acts and omissions of its Subcontractors or others employed or retained by Construction Manager in connection with the Project. REGULATORY GUIDELINES, REQUIREMENTS AND STANDARDS Cltv's Review Of Desian Services Construction Manager shall submit all documents produced as part of the Design ServiCel to City's Representative for review and approval in accordance with the terms of the Contract. Preoaration Of Site Information: Construction Manager shall prepare or cause to be prepared, as necessary, surveys and topographic information for the construction of the Project. Retent., Of Geotechnical Consultants: In preparing the Design Documents, Construction Manager shall retain an experieAced, qualified geotechnical consultant to evaluate all geotechnical considerations relating to the design and construction of the Project (Quality Of Desian Services: Construction Manager shall be responsible for the professional quality, completeness, accuracy, and coordination of Design Documents. Construction Manager shall provide for all testing and inspections required by sound professional architectural and engineering practices and by governmental authorities having jurisdiction over the Pro!ect Copies of testing and inspection reports will be provided to the City's representative. Comoli4Jlce With Laws And Reaulatorv Reauirements: In providing Design Services, Construction Manager shall comply with the lawful requirements of all federal, state, and local authorities having lawful jurisdiction over the Project including the Texas Department of Licensing and Regulation FINAL COMPLETION Deterrnflation Of Final Comoletion: When Construction Manager believes that all of the Work is finally complete, and CQt!lstruction Manager is ready for a final Inspection, Construction Manager shall so notify City's Representative in writing. City's Representative will then make final inspection of the Work and, if the Work is complete in strict accordance with the Contract. and the Contract has been fully performed then City's Representative will issue a project acceptance memo INSURANCE Reaui~ Coveraae And Limits: Construction Manager shall have and maintain the insurance described in Exhibit "A" attlEhed hereto and incorporated herein by reference during the entire performance of this Contract. Such insuranee shall cover the claims and provide the limits of coverage set forth in Exhibit "A". Proof Of Insurance: Construction Manager shall provide City's Representative with Certificates of Insurance naming the City of Corpus Christl as an additional named Insured, or certified copies of the policies required by City of Corpus Christi, and certifying that all insurance is in force within ten (10) days after the Contract becomes effective or on the date construction is commenced, whichever occurs first. The certificates of insurance evidencing the coverages required by the Contract shall contain an endorsement providing thirty (30) days notice to City of Corpus Christl prior to any cancellation or alteration of said coverage. Said coverage shall be written by an insurer acceptable to City of Corpus Christi and shall be in a form reasonably acceptable to City and City of Corpus Christi. Coveraae: The Construction Manager will cause their contractor and subcontractors to provide proof of insurance with the coverage per City standard insurance requirements SURETY BONDS Perforrna1ce Bond And Payment Bond: Construction Manager shall cause their contractor to furnish separate perform*,ce and payment bonds to City of Corpus Christi. Each bond shall set forth a penal sum in an amount not less thaft the Contract Price. Each bond furnished by Construction Manager shall incorporate by reference the terms of the Contract as fully as though they were set forth verbatim in such bonds. In the event the Contract Price is adjustld by Change Order executed by Construction Manager, the penal sum of both the performance bond and the payment bond shall be deemed increased by like amount. The performance and payment bonds furnished by Construction Manager shall be in form suitable to the City of Corpus Christi and shall be executed by a surety, or sureties, reasonably acceptable to City of Corpus Christi. .... . \.lIproject\councllexhillila \..m8407.dWV ~<------~ AGNES -- = i INlERHA llONAl ~ AIRPORT / "~j._/ PROJECT LOCA TION ~ CORPUS CHRISTI BAY LOCA nON MAP NOT ro SCALE MNN fNTRANCf CITY PIIOJECT No. fU07 J=-~_l__ E~AlIE SITE PLAN NOT ro SCALE WHA TABURGER FIELD-RIGHT FIELD ACCESS RAMP CITY COUNCIL EXHIBrr CITY OF CORPUS CHRISTI. TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DAm 11-08-2006 ~ N PROJECT SnE EXHIBIT .C. I - - - - 28 CITY COUNCIL AGENDA MEMORANDUM DATE: November 14, 2006 AfaENDA ITEM: Request to Exempt Kitty Hawk Subdivision, located east of County Road 41 and south of South Staples Street (FM 2444), from Wastewater Acreage/Lot Fees, submitted on behalf of John Bratton, owner and developer. elannina Commission'. Recommendation (9/20/06): Approval of Wastewater Acreage/Lot Fees Exemption sa.trs Recommendation (9/20/06): Denial of Wastewater Acreage/Lot Fees Exemption. Rfauested Council Action: Motion to approve or deny exempting Kitty Hawk Subdivision from Wastewater Acreage/Lot Fees. I.UE: The developer through his engineer has requested that his development, Kitty Htwk Subdivision, located south of the Oso be exempted from paying wastewater acreage fees into the Sanitary Sewer Trunk System Trust Fund which reimburses developers when they improve wastewater trunk lines, force mains and lift stations. RECOMMENDATION: Staff recommends denial of the request presented. r' Attachments Exhibit A - Background Exhibit B - Location Map - AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMA liON BACKGROUND: Ki" Hawk Unit 1 was approved by Planning Commission on July 27, 2005 with wastewater acreage fees totaling $ 62,002.36 due to be paid upon the future plat recordation. The subdivision is loceted within the city limits in the area of the Laureles Farm Tracts south of FM 2444 south of the 050 Creek. (See Exhibit B- Location Map). The developer, Mr. John Bratton, requests the City exempt Kitty Hawk Unit 1 from payment of the wastewater acreage fees, per criteria in Section VB.6.1) of the Platting Ordinance CRITERIA FOR EXEMPTION: The exemption of wastewater acreage fees as provided for in Platting Ordinance Section V.B.6.1) states that exempted areas shall be those determined by the City Council to not likely be served by City wastewater services Within the next fifteen (15) years. Ordinance No. 19048, 19047 approved on 10-15-85 designated specific areas within the extraterritorial jurisdiction of the city to exempt areas from payment of the wastewater and water acreage fees. The Kitty Hawk Unit 1 subdivision is not located within those areas. WASTEWATER SERVICE SOUTH OF OSO CREEK: The Laureles Farm Tract area is not served by wastewater but is Included within the Greenwood Wastewater Treatment Plan (GWWTP) Service Area as established by the February,1997 Wastewater Implementation Plan for the Oso & Greenwood Services Areas. WASTEWATER TREATMENT CAPACITY TO SERVE AREA SOUTH OF OSO CREEK: An expansion of the GWWTP from 8 MGD (million gallons per day) to 12 MGD is planned in the FY 06-09 Capital Improvement Program and is under design at this time. It is expected to be advertised for bids In Summer of 2007 and completed by end of 2009. The additional capacity will be available to serve the Laureles Farm Tracts WASTEWATER MASTER PLAN FOR AREA SOUTH OF SOUTH CREEK: A Wastewater Master Plan for the area south of the Oso Creek, including the Kitty Hawk SullKtivision. is funded in the Wastewater Capital Improvement Program for FY 08-09. FUNDING THE EXPANSION OF INFRASTRUCTURE: Funding the construction of lift stations, force mains and trunk gravity line extensions is dependent UPGn the Sanitary Sewer Trunk System Trust Fund to reimburse developers as new wastewater infrastructure is installed to support development. The sustainability of this Fund and the reimbursement for wastewater system improvements are dependent upon contributions from developers EXHIBIT A Page 1 of 2 Ir.-UCATIONS OF GRANTING EXEMPTIONS: Acreage/lot fees paid at the time of final plat recordation are deposited in the Sanitary Sewer Trunk Trust Fund Any reduction in the payment of acreage fees reduces deposits and impacts the sustainability of the Sanitary Sewer Trunk System Trust Fund used to reimburse developers for the lnttallatlon of 11ft station, force mains and gravity trunk lines. GrlInting this exemption will result In: 1 Reduction In revenue deposits to the Sanitary Sewer Trunk System Trust Fund. 2 Exemption for future subdivisions and other units in the Kitty Hawk preliminary plat (totaling 350 acres) 3 Extension of the time for developer to receive reimbursements if funds are not available. 4 Requests for refunds of paid wastewater acreage fees from other developments in the area are possible, causing further strain on the Sanitary Sewer Trunk System Trust Fund PLANNING COMMISSION REVIEW AND APPROVAL OF EXEMPTION: The Planning Commission recommended this property be exempted from wastewater acreage fees at its meeting on September 20, 2006 RICOMMENDA liON: Wastewater treatment capacity will be available within the next 15 years for the area south of the Oso Creek which satisfies the criteria in Platting Ordinance Section V.B.6.I). Wastewater infrastructure is likely to be in place, depending upon the funding availability, to reimburse developers from the Sanitary Sewer Trunk System Trust Fund. Based on the above, staff does not recommend exemption of the Kitty Hawk Subdivision Unit 1 from wastewater acreage fees. EXHIBIT A Page 2 of 2 ~I <:r I '--, ~a "111-1 S~""W ! , _~... NClJ.:JJS >- IE NOIlJ3S () (") ~~ l( ), r-- lLJ ~ IW31~Sn~3rj ~ ~' ;)f ~;)I D L) ~(I ~ i U I N iu c fl.lt: -,- /'" --1,) V'J ' <[ ,; uZ ~tJ~ Z~~ ~ '.' <[ "L-tl!t:: 1-<tD.. ~ SECTION SE CTION 30 <[ :JI ~. >- Z :::J CJ c...-J . - SOUTH STAPLES STREET FM 2444 V') ~;::j Wile I r"I x. '-.I r-. ~ Z<I .......r-. ~V') w M ~ ... W !oJ ... '1OZ JWlllI ~j.Nf'OJ t--l ~-- ~ ~--';:;- ~ <I ~~. IUZ~ uZL4'" ~ ~." ~ ?" . =-- r-. <t =>Dd &~ ~-. --0.---." U SECTJOI 31 SECT1DN jt-~ lot ... ( r,\ fi~ ",. .I~ ~ :1\\ \i. \ ,l -......../- - v or- \ ~ '\ / L. -.. \~.. C'-'~,~, " ! .... Ox "'w oJ! Ij u IIQE IVI _ l_.fl,,~ KITTY HAWK - UNIT 1 - EXHIBIT B Page 1 of 1 - .. I ,..~ - ..... ... ~ CIIloII, '- llMII1 ... .1.117 ... --- 29 ......' CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 14.2006 AGENDA ITEM: A. Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation ("Corporation"), the City of Corpus Christi ("City"), and Nueces County Community Action Agency ("NCCAA1 to allow the Corporation to grant $200,000 to the NCCAA for infrastructure Development of a new construction project as part of an Affordable Housing Program; and authorizing the City Manager to execute the Program Agreement on behalf of the City. R Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi ("City") to allow the Corporation to grant $200 I 000 to the City for the Model Block Program - Infill Housing Project as part of an Affordable Housing Program; and authorizing the Citv Manager to execute the Program Agreement on behalf of the City. C. Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation ("Corporation"), the City of Corpus Christi ("Clty"), and John Mikulencak DBA Extreme Homes of Texas to allow the Corporation to grant $160,067 of Affordable Housing Funds to Extreme Homes of Texas for New Construction Homebuyer Assistance, and authorizing the City Manager to execute the Program Agreement on behalf of the City ISfUE: T_ City of Corpus Christi published a request for proposals for 4A Single-Family Affordable Housing Pl"Djects on January 9,2006 with a deadline of February 3,2006. The City of Corpus Christi received six eligible applications in response to the Request for Proposals (RFP). Under the 2006 Request for Proposals an organization had the option of submitting a proposal under any one or all of the four categories 1 ) New Construction 2_) Land Acquisition 3,) Homebuyer Assistance 4 ) Other. Additionally, in order to be considered a responsive proposal the applicant must submit a transmittal laler; qualifications and experience narrative; capabilities narrative; RFP acknowledgement form; and a program narrative. After a series of reviews and consideration by City Staff and the City Manager, it was decided that recommendations for funding should be withheld until"Affordable Housing Goals and Strategies" COUld be developed - City Staff worked with housing and community development representatives to develop the goals and strategies to include specific objectives to maximize resources and accomplish the purpose of the 4-A Affordable Housing Program. The Corpus Christi Business and Job Development Corporation approved the Affordable Housing Goals at the regular meeting of October 2 2006 All six proposals were again reviewed by City Staff and all appear to be responsive to the re<.JJirements of the RFP. The proposals were reviewed first for compliance with the mandatory requirements and then for compliance with the mandatory response format. Each proposal was also reviewed for application of the newly adopted 4-A Affordable Housing Program goals. On Monday, November 6, 2006, the Corpus Christi Business and Job Development Corporation approved the following projects for funding under the 4-A Affordable Housing Program: --..--".--..-...---.."-......--.-. -.'-..-.--. .---.,-- . Applicant N~ces County Community AcIon Agency . C/If Estates Project Citr of Corpus Christi ; MCfleI Block Program Exteme Homes of Texas Cate 0 Amount Infrastructure Development $200,000 TOTAL Other Infill Housin Home Buyer Assistance New Construction $200,000 $160,067 $560,067 Citr staff recommends the funding of the Nueces County Community Action Agency's CAP Estates prQ9ram, the City of Corpus Christi's Model Block Program, and the Extreme Homes new CORstruction project The NCCAA CAP Estates new development construction program is currently underway with 4A funding being utilized, matched and leveraged with various grants and loans for completion of this aflWdable housing program. The City of Corpus Christi's newly developed Model Block Program which is currently underway. The program has recently received support from HUD HOME funding, and is soliciting various grants to focus on the development of in-fill housing and housing rehabilitation through a targeted comprehensive neighborhood revitalization project. The Extreme Homes of Texas' new construction project is currently underway with assemble of 52 loti of which sixteen (16) homes have already been built (ten sold and six for sale). The proposed homebuyer assistance will be processed through City of Corpus Christi's Housing Division of Neighborhood Services. The NCCAA Estates new development construction program and the City of Corpus Christi's Model Block Program have established community and governmental agency support for success and all three recommended projects fulfill the Request for Proposal requirements and priority Goals established for the 4A Affordable Housing Program The City of Corpus Christi's two applications for the FY06 4A Affordable Housing funding which would match funding with the established HUD HOME funded home buyer assistance programs is not being recommended for funding. The timely expenditure of the HOME funds is priority and vital for continued support by HUD. The City of Corpus Christi will re-apply for matching 4A funding in FY07 when HUD HOME funding is secured and expended to a manageable level. Tht application by Bay Area Contracting and Construction, Inc. meets the basic requirements of the R8Jluest for Proposals, and also satisfies the 4A Affordable Housing Goals that are listed as priorities forinfill-housing projects. But, the proposal does not demonstrate a solid plan of action with viable results and, thus is not being recommended for funding. ...... REQUIRED COUNCil ACTION: The funding recommendations for the Corpus Christi Business and Job Development Corporation's Afferdable Housing Projects for FY2006 require the approval of the City Council for all 4A programs and expenditures as established by the Section 21 of Article 5190. 6 Texas Revised Civil Statues. PREVIOUS COUNCil ACTION: No prevIous action has been taken on this recommendation. CONCLUSION AND RECOMMENDATION: City staff recommends the City Council's approval of the FY2006 Affordable Housing Projects as presented by the Corpus Christi Business and Job Development Corporation. Morales Haag r hborhood Services Department f)yt,~) ~. ~ Margie C. Rose Assistant City Manager Development Services (}JlfYl~ OlC8r Martinez - - ..- A.istant City Manager Administrative Services A IT A CHMENTS: Summary of tbe six eligible proposals and recommendations for funding. .~ BACKGROUND INFORMATION On November 5, 2002, residents of the City of Corpus Christi passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for ] 5 years In the same election, the residents of the City of Corpus Christi passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used. The 1 18th cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing projects was subsequently enacted by the City of Corpus Christi City Council and filed with the State Comptroller of Texas, effective April I, 2003, to be administered by the Corporation's Board of Directors. - Corpus Christi Business and Job Development Corporation Affordable Housing Projects - 2006 Program I N(i.-l APPLICANi- . I i I i ---.- EGORY ELIGIBLE 4A BOAD GOAL! APPROVED STRATEGY -.-.-----....---.---. ebuyer Goal No.2 $160,067 tance Strategy 2.1 Goal No.3 Strategy 3.3 ebuyer Goal No. 1 tance Strategy 1.1 - 0- Goal No.2 Strategy 2.1 Goal No.3 ---.'.-.---,- _,...,,_,.___.__ __~__n Strate~ 3.1 ebuyer Goal No. 1 Construction Strategy 1.1 -0- Goal No.2 Strategy 2.1 Goal No.3 Strate~ 3.3 structure Goal No. 1 $200,000 lopment Strategy 1.1 Goal No.2 Strategy 2.1 Goal No.3 Strateev 3.3 r:new Goal NO.2 - 0- truction. land Strategy 2.1 sition, Goal NO.3 buyers assistance Strateev 3.3 : Model Block Goal No. 1 $200,000 am for new Strategy 1.1 truction, land Goal No.2 sition, Strategy 2.1 buyers assistance, Goal No.3 tives to builders Strategy 3.1 Strategy 3.2 --.--- . ---.--.---"-.-.--.,-- -....-.....-,-..-- -------. $560,067.00 AMOUNT CAT REQUESTED i I E~e Home;~fTexasi$250:000---- (grant) ~ l City of Corpus Chn~ti, -j $50 ;iioo ~- I Neighborhood Services (grant) ! Department - . --i--:::::--- ..------- . ------<---- I City of Corpus Chnsti, . $200.000 I Neighborhood Services (grant) I I Department l- i4 i . 1_ -------- --- i Nueces County i Community Action I Agency (NCe AA) $250,000 (grant) r, ! I th ; --1 Bay .~~- Co~tracttitg & $353,800 I Construction. lne (loan) i ! -------~.._-----+-------- ,...-_.,_.- City of Corpus Chnsti, $250,000 Neighborhood Services (grant) Department t~1=___=~~ ---~),3j3~8Q9~_ F._I! Available: 2003-2004 (balance) $ 67 78 2004-2005 (funds returned) $ 60.000.00 ~2006 (allocation) $500.000.00 T8tal Funds Available: $560,067.78 (Amount does not represent interest) - Horn Assis Horn Assis tr: (OW Infra Deve Othe cons acqw home Other Progr cons acqw home mcen I ~+--- _.----L-_..~_ CATEGORY l. HOMEBUYERS ASSISTANCE 1. Extreme Homes of Texas Extreme Homes of Texas is requesting a grant m the amount of $250,000 to use to assist a homebuyer with $10,000 for down payment and closing costs. The Company is proposing to provide this homebuyer assistance in the form of a grant that is forgivable after 5 years of ownership and if the buyer moves out prior to the five years there will be a 20% per year penalty. The Company estimates assisting 25 homebuyers The houses they build will be three-bedrooms, two-baths and one-garage~ have 1,147s[; and be priced at $85,000 ---' LeulGr,;;;'T!.;.... - I MAkbiaJ Experience p~ . Requested I Funds . - --- ~ --'- .~._---t-.. -- '-- Profit. _ Gr8l!~. _ . _~SO,00~2_ No Yes.u __ _ Total Housing Price Project Units Per Square Foot Benefttsto Homeowner NA ' 2S $10,000 2. Citv of Corous Chrilti Neil!hborhood Services DeoartlDent The City of Corpus Christi is requesting $50,000 in the form of a grant to leverage funds of the current Homebuyer Assistance Program The funds will assist low income homebuyers with down payment and closing costs associated with the purchase of a home. Homeowners will receive a $5,000 forgivable loan, of which 50 percent ($2,500) will be funded by Federal Department of Housing and Urban Development (HUD) and 50 percent ($2,500) will be funded by the 4A grant. The loans will be amortized over five years and will be paid back at a pro rated amount should the homeowner move out or sell the property before the end of the five years. Assistance will be available to homebuyers who are purchasing existing homes, meet the low income limits, are not current homeowners, and will use the home as their primary residence. In addition to the homebuyer benefit, this funding opportunity would assist the City in meeting its HUD match requirements, It is estimated that 20 homebuyers will be assisted and anticipates awarding the funds in the next 12 months P"*'N~n=-TLG;.wGr;"~F~S-!,. MatchJng I Experience l Total profit Requested I Funds I Project I . ~ i , Non-Profi;-+ Gra;;t---~<;o,ooO-tye-;-- '. ye;---.-.hlOO,O - I $: I I _ __L. ___ ..__0.:!lZ!? . _ ~ .LQ_ Housing Price Benefits to Units Per Homeowner Square Foot 20 $5,000 ~ CATEGORY I. HOMEBUYER ASSISTANCE 3. City of Cornus Christi. Neillhborhood Services Denartment - (New Construction - ~uver Assistance) The City of Corpus Christi Neighborhood Services Department is requesting a grant in the amount of $200,000 to leverage funds with its current New Construction Homebuyer Assistance Program. The grant will assist low income homebuyers with down payment and closing costs associated with the purchase of a new home. Home owners will receive a $15,000 to $20,000 deferred forgivable loan of which 50 percent ($7,500 - $10,000) will be funded by the Federal Department ofHousing and Urban Development funds and 50 percent ($7,500 - $10,000) will be funded by the 4A grant. The loans will be amortized over 15-20 years at a rate of $1,000 per year, and will be paid back at a pro rated amount should the homeowner move out or sell the property before the end of the loan. Funds returned due to a sell before the loan is fully amortized will be returned to the program for redistribution Assistance will be available to apprmumately 10-26 homebuyers who are purchasing a new home, meet the low income limits and are not current homeowners, and will use the home as their primary residence The City of Corpus Christi will award the funds in 12 months. PMItINon_U I ~G;antTFUDd;-- -TI." ~khina [ Profit I Requested Funds Non-Pr~fit I Grani- - -t' $200,000 fye;- , y , i HtJD __._ __.L..-. ___ __ .._________. _L____ ___----.-1___ xperience Total Housing Price Benefits to Project Units Per Homeowner Square --,-. Foot es $400,00 10-26 $15,000 to 0 $20,000 - .------------ - -- CATEGORY ll. INFRASTRUCTURE DEVELOPMENT 4. NuKeS County COIIImunitv Action Allen" (NCCAA) Nkeces County Community Action Agency is requesting a grant in the amount of $250,000 to be used for the infrastructure development of Phase II and III of CAP Estates II which is planned to consist of 57 lots The total cost of design and construction is estimated to be $748,000. NCCAA wll be leveraging 4A funds with $342,000 of Community Development Corporation funds and $S6,000 of Neighborhood Reinvestment Corporation funds. h>>fit!Non- I Loan/Grant I.-Funds Matching PIl8fIt i Requested Funds Experience Total Project ! +--- Non-Profit I Grant ---- ------ --- t--, -- ];250.000 i >{ es IUW LNRC Yes ..~ - I $748,00 10 I _ ._1. ____ Housing Price Units Per Square Foot Benefits to Homeowner 57 Development infrastructure - CATEGORY ID. OTHER 5. Bav Area ContractUal! & Construction. Inc. The Bay Area Contracting & Construction, Inc. is requesting a loan in the amount of$353,800 at 2% int<<est rate for a term of tive years. The purpose of the loan is to build new construction, land acquisition, and homebuyer assistance. Bay Area Contracting and Construction, Inc. will submit four ( 4) lots for acquisition of land that will be used for new construction of three-bedroom, two- ba*oom houses in or about 1,131 square feet ofliving space and one-car garage at 240 square feet. Tho price of these homes will be $88,450. Three different floor plans will be provided for homebuyers to select from The anticipated time line for start-up and completion of this new coDStruction will take four to five months They will assist four homebuyers. perience Total Housing Price Benefits to Projeet Units Per Homeowner Square Foot _._._--~-,~ s $353,80 4 $88,450. ___._ __..l.2__ p.-.uNo~::T.. Loan/Grant [Funds'--j Matc~ PnA: I Requested Funds - I i I I P;ofit -~+ j .o;.,,--h'-'3,sOrl ~ N~- -~ ! i I _ .___.__ _._.L. .___ ...__L __._ _._.-L- 6. Citv of Corn us Christi. Neitrhborbood Services Deoartment The City of Corpus Christi is requesting a grant in the amount of$250,000 to provide support for the neiJhborhood revitalization projects within the Model Block Program. The funds will be used for the purchase ofland, new construction of single family housing, the associated infrastructure, and home buyer assistance for down payment and closing costs The Model Block Program is a comprehensive plan to provide opportunities and resources for an improved quality of life in a designated neighborhood/target area (15-20 block radius) identified for potential revitalization and development. The target area was determined based on a neighborhood needs assessment conducted by a consultant that was funded by the Department of Housing and Urban Development, Community Development Block Grant funds. 4A funds will be leveraged with HUD HOME Program and Community Development Block Grant (CDBG) funds. It is estimated that approximately 50 families will be assisted and anticipates carrying out the project within a two-to-three year contract with the designated neighborhood. f P~on- - I Loan/Grant I-FundS '1 pnftt. 1 Requested ! r'" . .-.. -+-. -_... ..-.+ ..-....- . Non-Profir Granl i 't2S0.000 Matching I Experience Total Houling Price Benefits to Funds Projeet Units Per Homeowner Square Foot BUD Yes $1 Million 50+ New HOME construction, ('DBG Land acquisition, homebuyer assistance - Page 1 of 3 RESOLUTION APPROVING THE EXECUTION OF AN AFFORDABLE HOUSING PROGRAM AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, THE CITY OF CORPUS CHRISTI, AND NUECES COUNTY COMMUNITY ACTION AGENCY TO ALLOW THE CORPORATION TO GRANT $200,000 TO THE NCCAA FOR INFRASTRUCTURE DEVELOPMENT OF A NEW CONSTRUCTION PROJECT AS PART OF AN AFFORDABLE HOUSING PROGRAM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROGRAM AGREEMENT ON BEHALF OF THE CITY WMEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of Improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002 residents of the City of Corpus Christi passed Proposition 2. New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, In the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; VVHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's CJty Council ("City Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be adminIstered by the Corpus Christi Business and Job Development Corporation's Board of Directors ('^Board"): 'M-IEREAS, the Board Issued a request for proposals for affordable housing projects as that term is defined in Title 42 of the United States Code, Section 12745, in accordance with the requirement in the Texas Development Corporation Act of 1979; WHEREAS, NCCAA submitted a proposal to the Board to request $250,000 in grant funds for infrastructure design and construction; and WHEREAS, the Board has determined that it is in the best interests of the residents of the City of Corpus Christi that NCCAA be awarded affordable housing funds in the amount of $200,000 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT' H:\LEG DiR\Shared\GaryS\agenda\2006\ 11 14\RES-NCCAA.doc Page 2 of 3 SECTION 1. The City Council of the City of Corpus Christi, Texas, approves the execution of an Affordable Housing Program Agreement ("Program Agreement") between the Corpus Christi Business and Job Development Corporation ("Corporation"), the City of Corpus Christi ("City"), and Nueces County Community Action Agency ("NCCAA') to allow the Corporation to grant $200,000 to the NCCAA for Infrastructure Development of a new construction project as part of an Affordable Housing Program. A copy of the Program Agreement in substantial form is attached as Exhibit A The executed Program Agreement will be filed in the Office of the Secretary. SECTION 2. That the City Manager is authorized to execute the Program Agreement referenced above on behalf of the City ATTEST CITY OF CORPUS CHRISTI Art'ftando Chapa Assistant City Secretary Henry Garrett Mayor, City of Corpus Christi Approved as to form: November 8. 2006 ~dL G ,', , Smith Assista nt City Attorney For the City Attorney H:\LEG-DIR\Shared\GaryS\agenda\2006\ 11- 14\RES-NCCAA,doc Page 3 of 3 Corpus Christl. Texas of 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia William Kelly Rei< A. Kinnison Jesse Noyola Mark Scott H:\lEG. DIR\Shared\GaryS\agenda\2006\ 11-14\RES-NCCAA.doc - Page 1 of 3 RESOLUTION APPROVING THE EXECUTION OF AN AFFORDABLE HOUSING PROGRAM AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE CITY OF CORPUS CHRISTI TO ALLOW THE CORPORATION TO GRANT $200,000 TO THE CITY FOR THE MODEL BLOCK PROGRAM - INFILL HOUSING PROJECT AS PART OF AN AFFORDABLE HOUSING PROGRAM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROGRAM AGREEMENT ON BEHALF OF THE CITY. WHEREAS, the Texas Legislature In Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 28, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation's Board of Directors ("Board"); WHEREAS, the Board Issued a request for proposals for affordable housing projects as that term is defined in Title 42 of the United States Code, Section 12745, in accordance wtth the requirement in the Texas Development Corporation Act of 1979; VVHEREAS, the City of Corpus Christi Neighborhood Services Department submitted a proposal to the Board to request $250,000 in grant funds for Model Block Program - Infill Housing Project; and WHEREAS, the Board has determined that it is in the best interests of the residents of the City of Corpus Christi that the City be awarded affordable housing funds in the amount of $200,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: H:\LEG-DIR\Shared\GaryS\agenda\2006\ 11-14\RES-ModeIBlock.doc .~ Page 2 of 3 SECTION 1. The City Council of the City of Corpus Christi, Texas, approves the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi ("City") to allow the Corporation to grant $200,000 to the City for the Model Block Program - Infill Housing Project as part of an Affordable Housing Program. A copy of the Program Agreement in substantial form is attached as Exhibit A. The executed Program Agreement will be filed in the Office of the Secretary. SECTION 2. That the City Manager IS authorized to execute the Program Agreement reference above on behalf of the City ATTEST CITY OF CORPUS CHRISTI - ._"--,. .~~--'--"-- Armando Chapa Assistant City Secretary Henry Garrett Mayor, City of Corpus Christi Approved as to form: November 8, 2006 ~ ~------ Assistant City Attorney For the City Attorney H:\LEC, DIR\Shared\GaryS\agenda\2006\11 14\RES-ModeIBlock.doc Page 1 of 3 RESOLUTION APPROVING THE EXECUTION OF AN AFFORDABLE HOUSING PROGRAM AGREEMENT BElWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, THE CITY OF CORPUS CHRISTI, AND JOHN MIKULENCAK DBA EXTREME HOMES OF TEXAS TO ALLOW THE CORPORATION TO GRANT $160,067 OF AFFORDABLE HOUSING FUNDS TO EXTREME HOMES OF TEXAS FOR NEW CONSTRUCTION HOMEBUYER ASSISTANCE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROGRAM AGREEMENT ON BEHALF OF THE CITY. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5,2002, residents of the City of Corpus Christi passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, In the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; VVHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation's Board of Directors ("Board''): WHEREAS, the Board issued a request for proposals for affordable housing projects as that term is defined in Title 42 of the United States Code, Section 12745, in accordance with the requirement in the Texas Development Corporation Act of 1979; WHEREAS, Extreme Homes of Texas submitted a proposal to the Board to request $250,000 in forgivable loan grant funds for down payment and closing cost assistance; and WHEREAS, the Board has determined that it is in the best interests of the residents of the City of Corpus Chnsti that Extreme Homes of Texas be awarded affordable housing funds in the amount of $160,067 IE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT' H:\LEG-DIR\Shared\GaryS\agenda\2006\ 11-14\RES-ExtremeHomes.doc Page 2 of 3 SECTION 1 That the City Council of the City of Corpus Christi, Texas, approves the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation ("Corporation"), the City of Corpus Christi ("City"), and John Mikulencak DBA Extreme Homes of Texas to allow the Corporation to grant $160,067 of Affordable Housing Funds to Extreme Homes of Texas for New Construction Homebuyer Assistance. A copy of the Program Agreement in substantial form is attached as Exhibit A The executed Program Agreement will be filed in the Offrce of the Secretary SECTION 2. That the City Manager IS authorized to execute the Program Agreement on behalf of the City ATTEST CITY OF CORPUS CHRISTI Armando Chapa Assistant City Secretary Henry Garrett Mayor, City of Corpus Christi Approved as to form: November 8,2006 ~en~~-- Assistant City Attorney For the City Attorney H\LEG-DIR\Shared\GaryS\agenda\2006\ 11-14\RES-ExtremeHomes.doc ....", Page 3 of 3 Corpus Christi, Texas of 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry GarcIa William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H '\LEG-D I R\Shared\G aryS\agen da\2006\ 11-14 \R E S-ExtremeHomes, doc . or tn C o .- .... cu -c c CI) E E o (.) CI) ~ .... (.) CI) .~ o a- D. 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CCU :::sG) ~>- ~~ G)CU 0).... i!CD G)> >0 G)tn -G) -.- =... ;="2 E:J cu~ ....0 O)e.. 00.. ....0 e..... G)c .c:i! 1-0) . . G) .- z o J- <( o z w ~ ~ o () w Cl:: en C) Q) .C c: .- .t::..t::. CJ) :::0 5 o CIJ -:JEI mo.Q)<J.) > '- - oOE.c a.. 0 0. ctS 0.(J).Q~ as .t::. (J) J2 . """">'+-u ~oQ)<(2 +-'~o<Oc CJ)CJ).cOCD Ut500CJ) C:Q)JNCD <J.) · ~ u en a.. E e c ~c en Eo.mom OUCIJ+:; () (l) CJ) ctS E ~ CJ) CD '-0 ro o c: '- tI= 0..- 0. C) m 0 ~ 0 e en a.. co 0 c... . ...... C) ... en z o I- en w ::> a . 30 ......~--........, CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 14, 2006 AGENDA ITEM: Resolution nominating Flint Hills Resources, LP to the Office of the Governor Economic Development & Tourism (EDT) through the Economic Development Bank (Bank) for designation as a qualified business and Triple Jumbo Enterprise Project (Project) under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code (Act). ISSUE: Projects seeking designation as an Enterprise Project must obtain a nomination by the City Council to the Office of the Governor. Flint Hills Resources, LP has requested the City of Corpus Christi consider nomination of the company as a Triple Jumbo Texas Enterprise project for job retention benefits. Flint Hills is proposing to expend approximately $250,000,000 for retooling and upgrades to their local facility to increase production capacity and market efficiency which should protect the operation of the refinery and ensure the continuation of their local work force. REQUIRED COUNCIL ACTION: Requires Council approval of the resolution. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Resolution to nominate Flint Hills as a Triple Jumbo Texas Enterprise Project, as presented. ~~ f om Utter, Special Assistant to the City Manager Attachments BACKGROUND INFORMATION Under State Law, the Office of the Governor - Economic Development and Tourism Division through the Texas Economic Development Bank administers the Texas Enterprise Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, the purpose of the program is to encourage job creation and retention and capital investment in areas of economic distress. The 78th legislature amended the act to increase participation in the program, decrease paperwork and streamline the process. Under the amended act, communities are no longer required to submit an application and fee to create an enterprise zone; designation of an enterprise zone is automatic based on decennial figures. Areas designated as enterprise zones include census block groups with 20 percent poverty and areas federally designated as Renewal Communities. In addition, the Governor, based on state figures, each year designates Distressed Counties. For 2006, all of Nueces County is designated as an enterprise zone by virtue of being a Distressed County. Previously designated enterprise zones will be designated until their expiration, after which the area would need to meet the 20 percent poverty guideline. A project seeking designation as a Texas Enterprise Zone Project still must seek nomination from the governing body to the Office of the Governor for consideration and designation. Communities participating in the Texas Enterprise Zone Program are required to provide incentives to the project in addition to offering nomination for participation in the Texas Enterprise Zone Program. At least one of the incentives must be exclusive to the Texas Enterprise Zone A designated project located in the Texas Enterprise Zone must agree to hire at least 25 percent of its employees from the enterprise zone or economically disadvantaged groups aAd in return will receive a refund of sales and use tax (SUT) paid to the Office of the Comptroller. If the project is located outside the zone, the project must agree hire at least 35 percent of its new employees from the enterprise zone or economically distressed groups. The program allows a refund of $2,500 for each job created or retained. If investment levels are adequate, the local nominating governing body may nominate a project as a Double or Triple Jumbo Project designation, increasing the value per job created or retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project can receive a rebate of up to $2.5 million, and a triple jumbo project can receive a rebate of up to $3.75 million State Law allows each participating community with a population less than 250,000 to nominate up to four projects per biennium and communities with a population more than 250,000 to nominate up to six projects per biennium. Since City of Corpus Christi's population exceeds the 250,000 threshold, up to six projects can receive designation during this biennium. A double jumbo project assumes two of the number of projects allowable and a triple assumes three. Thus far. the City has not nominated any businesses for designation this biennium. The City of Corpus Chnsti has nominated a number of projects including the Greyhound Racetrack, First Data Corporation, Coastal Refining and Marketing, CITGO Refining and Chemicals, Trinity Towers, L.P, APAC Corporation and Valero. To date, the designated enterprise zone projects have resulted in almost three billion dollars in investment in Corpus Christi. This local capital investment represents a significant portion of all of the combined capital investment made in enterprise zones across the state. Flnt Hills Resources, LP Flint Hills Resources, LP ("Flint Hills") is a subsidiary of Koch Industries ("Koch"), a privately held corporation and is currently headquartered in Wichita, Kansas. Flint Hills Resources operates refining complexes in Alaska (North Pole), Minnesota (Pine Bend) and Texas (Corpus Christi) with a combined crude oil processing capacity of about 800,000 barrels of crude oil per day. These facilities are served by strategically located terminals and pipelines, some of which are operated by Koch Pipeline Company, L.P. Flint Hills Resources is a leading producer of petrochemicals and related products, with primary manufacturing facilities at the Corpus Christi refining complex. The company produces chemical intermediates -- used in the manufacture of items such as polyester resins and automotive, agricultural and consumer products u from its plant near Joliet, III. Flint Hills Resources' Texas refining complex receives crude oil and other raw materials via the Corpus Christi Ship Channel and pipelines. With a processing capacity of about 300,000 barrels of crude oil per day, the refinery produces a variety of petroleum products important to everyday life, Refined products - including low-sulfur gasoline and diesel, and jetfuel- are transported to San Antonio, Bastrop, Austin, Waco and Dallas/Fort Worth area via company pipelines. The refinery is producing cleaner-burning fuels as a result of more than $1 billion spent and extensive modifications, which have resulted in significant environmental upgrades at the Corpus Christi complex in the past decade. Flmt Hills is proposing to invest more than $250 million in investment to increase the production capacity and market efficiencies of the Corpus Christi Refinery and this capital investment and its job retention represents the basis for this enterprise project nomination. Page 1 of 4 RESOLUTION NOMINATING FLINT HILLS RESOURCES, LP, TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM THROUGH THE ECONOMIC DEVELOPMENT BANK FOR DESIGNATION AS A QUALIFIED BUSINESS AND TRIPLE JUMBO ENTERPRISE PROJECT UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE WHEREAS, the City of Corpus Christi ("City") on October 14, 2003, passed Ordinance No. 025513 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this resolution are substantially the same on this date as were outlined in Ordinance No. 025513; WHEREAS, the local incentives are the same as those made available to previously nominated enterprise projects under Ordinance No. 025513: 'NHEREAS, the Office of the Governor Economic Development and Tourism ("EDT") through the Economic Development Bank ("Bank") will consider Flint Hills Resources, LP ("Flint Hills") as an enterprise project pursuant to a nomination and an application made by the City; VWiEREAS, the City desires to pursue the creation of the proper economic and social environment In order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals WHEREAS, under Chapter 2303, Subchapter F of the [Texas Enterprise Zone Act] Texas Government Code (the "Act"). Flint Hills has applied to the City for designation as an enterprise project 'NHEREAS, the City finds that Flint Hills meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: 1 Flint Hills is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site located In an enterprise zone and at least twenty-five percent (25.0%) of the business' new employees will be residents of an enterprise zone or economically disadvantaged Individuals; and 2. There has been and will continue to be a high level of cooperation between public, orivate, and neighborhood entities within the area; and 3 The designation of Flint Hills as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area, and 4. Flint Hills is located in the Enterprise Zone that is also an area designated by the federal government as a Renewal Community [Section 2303.101 (2) of the Act] and the areas are block groups, as defined by the most recent federal decennial census available at the time of designation. in which at least 20 percent of the residents of the block group Page 2 of 4 have an Income at or below 100 percent of the federal poverty level [Section 2303.101 (2) of the Act]; ana 5. Flint Hills qualifies for Job retention benefits under Section 2303.406 (a) (4) (D) because Flint Hills is increasing the production capacity of the business by at least ten percent 10%) over the proposed project designation period. WHEREAS, the City finds that Flint Hills meets the criteria for tax relief and other incentives' adopted by the City and nominates Flint Hills as a triple jumbo enterprise project on the grounds that it will be located at the qualified business site, will create a higher level of employment, economic activity and stability; WHEREAS. the City finds that it is in the best Interest of the City to nominate Flint Hills as a triple jumbo enterpnse profect pursuant to the Act; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City and its actions approving this resolution taken at the council meeting are hereb'l approved and adopted SECTION 2. That Flint Hills is a "qualified business", as defined in Section 2303.402 of the Act, and meets the criteria for designation as a triple jumbo enterprise project, as set forth in Section 2303, Subchapter F of the Act. SECTION 3. That the enterpnse project shall take effect on the date of designation of the enterprise project by the Bank and terminate five years from that date. ATTEST: CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED as to form: November 9, 2006 ~~~Ltf... G' . Smith Assistant City Attorney For City Attorney Page 3 of 4 Corpus Christi, Texas day of ___,_____,,__, 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A, Kinnison Melody Cooper Jesse Noyola Mark Scott Page 4 of 4 THE STATE OF TEXAS S S COUNTY OF NUECES'~ i Armando Chapa, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing IS a true and correct copy of Resolution Number _ passed by the City of Corpus Christi City Council on the this _ day of 2006 Armando Chapa City Secretary THE STATE OF TEXAS S S COUNTY OF NUECES S BEFORE ME, the undersigned authority, on this day personally appeared Armando Chapa, City Secretary of the City of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this __ day of ,2006. Notary Public. State of Texas My commission expires __________. ~ 31 CITY COUNCIL AGENDA MEMORANDUM November 10, 2006 AGENDA ITEM: (a) An Ordinance granting to EarthLink, Inc. a non-exclusive one- year franchise to operate, maintain, construct extend, and upgrade facilities of a wireless network in the public rights-of-way (b) An Ordinance granting to EarthLink, Inc. a non-exclusive ten-year franchise to operate, maintam, construct, extend, and upgrade facilities of a wireless network in the public rights-of-way. ISS UE: Previously the City Council approved construction of a wireless network, created the CC Digital Community Development Corporation, and contracted with the Corporation for operation and management of the Network. Subsequently, EarthLmk, Inc. mdicated an interest in purchasing the wireless network. Discussions with EarthLink have indicated that such a purchase may be beneficial to the City financially and in realizing the community benefits more quickly. Negotiations, if successful. are aimed at completing the purchase and related agreements by the end of the year Ifa comprehensive agreement is to be completed before the end of the year, first reading of a franchise must occur on November 14. Consequently, staff recommends that two franchise ordinances be passed on first reading. The first is a one-year agreement that would be effective upon second reading and approval of comprehensive agreements. The second is a 10 year franchise that would be effective 60 days after second reading and would supersede the interim one-year agreement. It is emphasized that this first reading is not a commitment, and would only be implemented by a second readmg if a comprehensive agreement is reached that is acceptable to the City RECOMMENDA TION: Approval of the above ordinances on first reading. O~7ZJI7~ Oscar Martinez - - Assistant City Manager AN ORDINANCE GRANTING TO EARTHLINK, INC. A NON-EXCLUSIVE ONE YEAR FRANCHISE TO OPERATE, MAINTAIN, CONSTRUCT, EXTEND, AND UPGRADE FACILITIES OF A WIRELESS NETWORK IN THE PUBLIC RIGHTS-OF-WAY WHEREAS, the CIty of Corpus Christi. Texas (the "City") and EarthLink, Inc. (the -Grantee") contemplate entering into an agreement (the "Agreement") whereby certain assets of the City of Corpus Christi Citywide Integrated Wi-Fi Network will be transferred to Grantee in consideration of cash and commitments of Grantee beneficial to the City's purposes for the 'Jetwork made by Grantee entering into an agreement with the CC Digital Community Development Corporation (the "Corporation") to provide certain network access to the City as managed by the Corporation ("Network Services Agreement"); and WHEREAS, for implementation of the Agreement, the City and the Grantee desire that the 'lty grant a franchise for the Grantee to use the City right-of-way and other property as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City hereby grants to the Grantee a non-exclusive franchise to acquire, construct, install, operate, maintain, extend, and upgrade facilities of its wireless network (the 'Network") in, over, under and across the public rights-of-way of the City, including, without limitation. the installation of radios. the right to erect poles or other structures for attachment of radios, and the right to access, use and install fiber. The City hereby grants Grantee the non- exclusive right to use any easements and rights-of-way owned or controlled by the City for access 10 City owned property or third party property (subject to Grantee obtaining approval from the third party property owner) insofar as consistent with the City's right in the easement or right-of-way and consistent with and subordinate to the primary purpose and use of the easement or right-of-way. SECTION 2. The term of the franchise shall commence on the effective date of this franchise and shall continue in effect for one year unless superseded by the commencement of a longer-term franchise SECTION 3. During the Term, the City hereby grants to Grantee the continuing right to Gonnect to, transmit through and use in connection with the Network the fiber optic transmission -;ystem owned or leased by the City III connection with the Network ("Fiber System") in accordance with standards and protocols in the Network Services Agreement or agreements incidental thereto. fhe City hereby authorizes the Corporation to cooperate with Grantee in Grantee's access of the C'ity Fiber and to execute such additional agreements designating the speed and number of lines of the Fiber System for Grantee's use and related charges, if any, without the necessity of further approvals by the City Council ("Leased Fiber"). Provided, however, nothing herein shall prevent the City from conveymg the Fiber System or any part thereof to the Corporation. SECTION 4 During the Term, the City hereby grants to Grantee the continuing right to connect to, transmit through and use in connection with the Network the wireless assets owned or leased by the City ("City Wireless Assets") in accordance with standards and protocols in the Network Services Agreement or agreements incidental thereto. The City hereby authorizes the Corporation to cooperate with Grantee in Grantee's access of the City Wireless Assets and to execute such additional agreements designating the speed and other specifications and charges, if any, without the necessity of further approvals by the City Council. Provided, however, nothing herein shall prevent the City from conveying the City Wireless Assets or any part thereof to the Corporation SECTION 5. The City owns, operates and maintains certain assets, such as building rooftops, radio towers, and data center or collocation facility locations (collectively, the "Premises'') During the Term, the City hereby grants to Grantee the continuing right and license to operate the Network on such Premises and to access, and install directly onto or within any part of the Premises and operate and maintain radios, antennae and other devices in the number designated by Grantee and to the co-location of equipment and telecommunications lines and circuits ("Co- located Devices") on the Premises as set forth in an applicable Antennae Site Use Agreement that Identifies the particular Premises and locations thereon that are appropriate for the installation of such deVIces considering the character and use of the Premises. The City hereby authorizes the Corporation with respect to Premises under its control or the City Manager to cooperate with (rrantee in Grantee's access and use of the Premises, and to execute such additional agreements designating the specific Premises and related rental amounts mutually agreed upon by Grantee and the Corporation or the City Manager ("Antennae Site Use Agreement"). SECTION 6. As compensatIOn for the rights and privileges herein conferred, Grantee shall pay monthly to the Corporation a payment based upon a revenue share for the access services provided to customers through the Network; provided however, Grantee shall pay to the Corporation separate payments for the Leased Fiber and the Premises. The revenue share for the access services will equal a percentage between three and five percent (3-5%) (as specified in the Network Services Agreement) of Grantee's total gross receipts collected and received by Grantee tor the applicable wireless access retail, wholesale and occasional use services provided via the Network in the City and in the City's extra-territorial jurisdiction locations covered by the Network (i) less any applicable sales taxes or government required fees, (ii) less refunds, credits and charge- backs, (iii) less any amounts paid by the City or the Corporation to Grantee ("Access Revenue"). Access Revenue does not include fees for add-on products, CPE, installation, advertising, content, bounties and referral fees, tees for sales through Internet commerce sites, VoIP or other voice capabilities (except as may he agreed in the Network Services Agreement). The revenue payment shall be due and payable by electronic funds transfer as mutually agreed upon by the Corporation and Grantee In the Network Services Agreement. SECTION 7. The City hereby grants to Grantee the right to install, operate and maintain the Network and the related communications equipment on the City street lights, traffic lights and connecting hardware and poles ("City Poles") in accordance with standards and protocols in the Network Services Agreement or agreements incidental thereto, which will assure location and mstallation consistent with public health and safety. Prior to final adoption of this ordinance, Grantee will provide the CilY with lts anticipated plans for mounting sites, and other assets and facilities, mcluding, but not limited to. communications towers, light standards, utility poles, billboards and building rooftops, whether owned or not owned by the City, and the City will inform Grantee of approvals required, if any, other than this franchise, and the process therefore, and will certify that no other approvals are required. Submission of any such anticipated plans will not require Grantee to install on any particular location or prevent Grantee from altering its as-built plans. For expansions and changes during the term of this franchise, upon notification from Grantee [he City WI II prompt!: notif: Grantee of approvals required. if any. and the process therefore. By "" "- agreement, the City will charge the Corporation with the duty to assist Grantee in obtaining any changes required, to promptly contact and work with City staff to facilitate the rapid issuance of any required approvals, and to educate pertinent City staff on Grantee's rights under this franchise. SECTION 8. The City hereby authorizes the Corporation to negotiate and enter into a Network Services Agreement with the Grantee, whereby the Corporation and Grantee will cooperate with one another as Grantee acquires, constructs, installs, operates, maintains, extends, and upgrades facilities of its Network in the City and the Grantee will provide certain services via the Network for the City's or Corporation's benefit to be managed by the Corporation. The City hereby grants the CorporatiOn all rights. licenses, permits and authorizations necessary to manage any services provided by the Grantee for the benefit of the City pursuant to the Network Services -\greement. as more particularly described in an agreement between the City and the Corporation. SECTION 9. The Network Services Agreement shall obligate Grantee to maintain adequate books and records relating to its payment obligations under this franchise for four (4) years from the date the payment was made. Grantee shall file annually with the Corporation a statement of Network access revenues for that annual period attributable to the operations of the Grantee's Network pursuant to this franchise ordinance. The Corporation and the Grantee may agree to records and audit procedures in the Network Services Agreement. SECTION 10. All construction, excavation, disturbance, or obstruction of rights-of-way shall be carried out according to applicable federal, state, and local laws, and according to the requirements of the Director of Engineering Services of the City, including requirements to relocate Corporation facilities and to repair or restore City property. at the Grantee's expense. SECTION 11. The Grantee shall carry out its operations under this franchise in compliance with all valid federal, state, and local laws. Nothing in this franchise shall be construed to contract away any City police power to regulate and legislate to protect and promote the public health, safety, and welfare. SECTION 12. The Grantee shall carry out its operations in compliance with all of the terms and conditions of the Network Services Agreement. SECTION 13. In addition to all nghts of the City, at law or in equity, to enforce the terms of this franchise, the City may forfeit and terminate this franchise in the event of termination of the 'Jetwork Services Agreement in accordance with the terms of the Network Services Agreement. SECTION 14. Neither Grantee nor the City shall be excused from complying with any of the terms and conditions of this franchise by any failure of the other party on one or more occasions 10 enforce compliance with such terms and conditions. SECTION 15. Interpretation of this franchise and the rights and duties created hereunder shall be pursuant to the constitution and laws of the State of Texas and the charter and ordinances of the City. Venue for actions concerning any matter or controversy growing out of or incident to the duties and obligations in this franchise shall be in the state or federal courts of competent !urisdiction In Nueces Countv, Texas, 3 SECTION 16. This franchise may be transferred in accordance with the City charter. Further, Grantee can assign this Agreement pursuant to the sale of all or substantially all of the assets or stock of Grantee or pursuant to the sale of all or substantially all of the assets or operations of the division of Grantee that is operating the Network. Provided, the City shall be promptly notified In writing of any such assignment with such notification accompanied by documentation demonstrating that the assignment falls within the requirements of the preceding sentence. Grantee may enter into one or more agreements for installation of the Network, operation of the Network, or both with one or more entitles. Equipment used to provide the Network may be leased by Grantee and/or be subject to securit:: interests of vendors or lenders, and, after the Agreement is entered into by the City and Grantee, the City shall have no rights in or to any equipment related to or used in connection with the Network. Provided, however. upon expiration or termination of the Network Services i-\greement. disposal of the equipment shall be in accordance with the Network Services ~greement SECTION 1 i.. 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 nOl affect any other section, paragraph, subdivision, clause, phrase, word or provIsion of this ordinance. for it is the definite intent of the City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for Its purpose~ provided. however, that this paragraph does not apply should the compensation provided to the City hereunder be held invalid by final judgment of a court of competent jurisdiction after all appeals, if any, and the City may in that even declare this franchise null and VOId If any delegation of authority made herein shall be held invalid or unconstitutional by a court of competent jurisdiction, authority shall be deemed vested in the appropriate authority to exercise the delegated authority and this ordinance shall be otherwise unaffected. SECTION 18. The Grantee shall pay all costs of publication of notice of this ordinance as required by the City charter SECTION 19. This franchise ordinance shall take effect when all of the following conditions have been met: 1) it has been executed by the parties; 2) the parties or the Corporation and EarthLink have executed the Network Services Agreement, 3) the parties have executed the 1\groement, and 4) the City and the Corporation have entered into an agreement granting the Corporation all rights required or appropriate to perform as contemplated in this Franchise. 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ______ _' 2006, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry GarCIa fhat the foregoing ordinance was read for the second time and passed finally on this the day of _._.____, 2006, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison J oim E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry GarCIa APPROVED AND PASSED on this" _'_ day of______ ,2006. A ITEST: Henry Garrett, Mayor Armando Chapa, City Secretary Approved: ,/\J ~_ .. _~~ )-s"..\.. cK...AA- "\.- N1f\- C-C \ Lisa Aguilar (o' - Assistant City Attorney for City Attorney ~: AN ORDINANCE GRANTING TO EARTHLINK, INC. A NON-EXCLUSIVE TEN YEAR FR4NCHISE TO OPERATE, MAINTAIN, CONSTRUCT, EXTEND, AND UPGRADE FACILITIES OF A WIRELESS NETWORK IN THE PUBLIC RIGHTS-OF-WAY WHEREAS, the City of Corpus Christi, Texas (the "City") and EarthLink, Inc. (the "Grantee") contemplate entering into an agreement (the "Agreement") whereby certain assets of the City of Corpus Christi Citywide Integrated Wi-Fi Network will be transferred to Grantee in consideration of cash and commitments of Grantee beneficial to the City's purposes for the Network made by Grantee entering into an agreement with the CC Digital Community Development Corporation the "Corporation") to provide certain network access to the City as managed by the Corporation ("Network Services Agreement"); and WHEREAS, for implementation of the Agreement, the City and the Grantee desire that the City grant a franchise for the Grantee to use the City right-of-way and other property as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City hereby grants to the Grantee a non-exclusive franchise to acquire, construct, install, operate, maintain, extend, and upgrade facilities of its wireless network (the "Network") In, over. under and across the public rights-of-way of the City, including, without limitation, the installation of radios, the right to erect poles or other structures for attachment of radios, and the right to access, use and install fiber. The City hereby grants Grantee the non- exclusive right to use any easements and rights-of-way owned or controlled by the City for access to City owned property or third party property (subject to Grantee obtaining approval from the third party property owner) insofar as consistent with the City's right in the easement or right-of-way and consistent with and subordinate to the primary purpose and use of the easement or right-of-way. SECTION 2. The term of the franchise shall commence on the effective date of this franchise and shall continue in effect for ten (10) years. Thereafter, the franchise may be renewed for two (2) successive five 5) year penods of time upon at least six (6) months prior written notice by Grantee to the Corporation, proVIded that Grantee has not committed a Major Default (as defined In the Network Services Agreement) under the Network Services Agreement that is continuing during the six (6) months prior to any renewal term. Provided, however, the franchise shall expire upon expiration of the Network Services Agreement, if earlier. SECTION 3. During the Term, the City hereby grants to Grantee the continuing right to connect to, transmit through and use in connection with the Network the fiber optic transmission system owned or leased by the City in connection with the Network ("Fiber System") in accordance with standards and protocols in the Network Services Agreement or agreements incidental thereto. The City hereby authorizes the Corporation to cooperate with Grantee in Grantee's access of the City Fiber and to execute such additional agreements designating the speed and number of lines of the Fiber System for Grantee's use and related charges, if any, without the necessity of further approvals by the City Council ("Leased Fiber"). Provided, however, nothing herein shall prevent the City from conveying the Fiber System or any part thereof to the Corporation. SECTION 4, During the Term, the City hereby grants to Grantee the continuing right to COIUlect to, transmit through and use in connection with the Network the wireless assets owned or leased by the City ("City Wireless Assets") in accordance with standards and protocols in the Network Services Agreement or agreements incidental thereto. The City hereby authorizes the Corporation to cooperate ,\lith Grantee in Grantee's access of the City Wireless Assets and to execute such additional agreements designating the speed and other specifications and charges, if any, without the necessity of further approvals by the City Council. Provided, however, nothing herein shall prevent the City from conveying the City Wireless Assets or any part thereof to the Corporation SECTION 5. rhe City owns, operates and maintains certain assets, such as building rooftops, radio towers, and data center or collocation facility locations (collectively, the "Premises") During the Term, the City hereby grants to Grantee the continuing right and license to operate the Network on such Premises and to access, and install directly onto or within any part of the PremIses and operate and maintain radios, antennae and other devices in the number designated Grantee and to the co-location of equipment and telecommunications lines and circuits ("Co- located Devices") on the Premises as set forth in an applicable Antennae Site Use Agreement that identifies the particular Premises and locations thereon that are appropriate for the installation of such deVIces considering the character and use of the Premises. The City hereby authorizes the Corporation with respect to Premises under its control or the City Manager to cooperate with Grantee III Grantee's access and use of the Premises, and to execute such additional agreements designating the specific Premises and related rental amounts mutually agreed upon by Grantee and the Corporation or the City Manager ("Antennae Site Use Agreement"). SECTION 6. As compensation for the rights and privileges herein conferred, Grantee shall pay monthly to the Corporation a payment based upon a revenue share for the access services provided to customers through the Network; provided however, Grantee shall pay to the Corporation separate payments for the Leased Fiber and the Premises. The revenue share for the access services will equal a percentage between three and five percent (3-5%) (as specified in the Network Services Agreement) of Grantee's total gross receipts collected and received by Grantee for the applicable wireless access retail, wholesale and occasional use services provided via the Network in the City and in the City's extra-territorial jurisdiction locations covered by the Network (i) less any applicable sales taxes or government required fees, (ii) less refunds, credits and charge- backs, (iii) less any amounts paid by the City or the Corporation to Grantee ("Access Revenue"). Access Revenue does not include fees for add-on products, CPE, installation, advertising, content, bounties and referral fees, fees for sales through Internet commerce sites, V oIP or other voice capabilitIes (except as may be agreed III the Network Services Agreement). The revenue payment shall be due and payable by electronic funds transfer as mutually agreed upon by the Corporation and Grantee in the Network Services Agreement. SECTION 7. The City hereby grants to Grantee the right to install, operate and maintain the Network and the related communications equipment on the City street lights, traffic lights and connecting hardware and poles ("City Poles") in accordance with standards and protocols in the Network Services Agreement or agreements incidental thereto, which will assure location and mstallation consistent with public health and safety. Prior to final adoption of this ordinance, Grantee WIll provide the City with its anticipated plans for mounting sites, and other assets and facilities, including, but not limited to, communications towers, light standards, utility poles, hillboards and building rooftops, whether owned or not owned by the City, and the City will inform Grantee of approvals required, if any, other than this franchise, and the process therefore, and will certify that no other approvals are required. Submission of any such anticipated plans will not require Grantee to install on any particular location or prevent Grantee from altering its as-built plans. For expansions and changes during the term of this franchise, upon notification from Grantee the City will promptly notify Grantee of approvals required, if any, and the process therefore. By agreement, the City will charge the Corporation with the duty to assist Grantee in obtaining any changes required, to promptly contact and work with City staffto facilitate the rapid issuance of any required approvals. and to educate pertinent City staff on Grantee's rights under this franchise. SECTION 8. The City hereby authorizes the Corporation to negotiate and enter into a Network Services Agreement with the Grantee, whereby the Corporation and Grantee will cooperate with one another as Grantee acquires, constructs, installs, operates, maintains, extends, and upgrades facilities of its Network in the City and the Grantee will provide certain services via the Network for the City's or Corporation' s benetit to be managed by the Corporation. The City hereby grants the Corporation all rights, licenses, permits and authorizations necessary to manage any services provided by the Grantee for the benefit of the City pursuant to the Network Services \greement. as more particUlarly described in an agreement between the City and the Corporation. SECTION 9. The Network Services Agreement shall obligate Grantee to maintain adequate books and records relating to its payment obligations under this franchise for four (4) years from the date the payment was made. Grantee shall file annually with the Corporation a statement of Network access revenues for that annual period attributable to the operations of the Grantee's Network pursuant to this franchise ordinance. The Corporation and the Grantee may agree to records and audit procedures in the Network Services Agreement. SECTION 10. All construction, excavation, disturbance, or obstruction of rights-of-way shall be carried out according to applicable federal, state, and local laws, and according to the requirements of the Director of Engineering Services of the City, including requirements to relocate Corporation facilities and to repair or restore City property, at the Grantee's expense. SECTION 11. The Grantee shall carry out its operations under this franchise in compliance with all valid federal. state, and local laws. Nothing in this franchise shall be construed to contract away any City police power to regulate and legJslate to protect and promote the public health, safety, and welfare SECTION 12. The Grantee shall carry out its operations in compliance with all of the terms and conditions of the Network Services Agreement. SECTION 13. In addition to all rights of the City, at law or in equity, to enforce the terms of this franchise. the City may forfeit and terminate this franchise in the event of termination of the 'Jetwork Services Agreement in accordance with the terms of the Network Services Agreement. SECTION 14. Neither Grantee nor the CJty shall be excused from complying with any of the terms and conditions of this franchise by any failure of the other party on one or more occasions to enforce compliance WIth such terms and conditions. SECTION 15. Interpretation of this franchise and the rights and duties created hereunder shall be pursuant to the constitution and laws of the State of Texas and the charter and ordinances of 3 the City. Venue for actions concerning any matter or controversy growing out of or incident to the duties and obligations in this franchise shall be in the state or federal courts of competent lUrisdiction in Nueces County, Texas SECTION 16. ThIs franchise may be transferred in accordance with the City charter. Further, Grantee can assign this Agreement pursuant to the sale of all or substantially all of the assets or stock of Grantee or pursuant to the sale of all or substantially all of the assets or operations of the division of Grantee that is operating the Network. Provided, the City shall be promptly notified In writing of any such assignment with such notification accompanied by documentation demonstrating that the assignment falls within the requirements of the preceding sentence. Grantee may enter into one or more agreements for installation of the Network, operation of the Network, or both with one or more entitles. Equipment used to provide the Network may be leased by Grantee and/or be subject to securit) interests of vendors or lenders, and, after the Agreement is entered into by the City and Grantee, the City shall have no rights in or to any equipment related to or used in connection with the Network. Provided, however, upon expiration or termination of the Network Services Agreement. disposal of the equipment shall be in accordance with the Network Services i\greement SECTION 17. 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 the City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose; provided, however, that this paragraph does not apply should the compensation provided to the City hereunder be held invalid by final judgment of a court of competent jurisdiction after all appeals, if any, and the City may in that even declare this franchise null and void. If any delegation of authority made herein shall be held invalid or unconstitutional by a court of competent jurisdiction. authority shall be deemed vested in the appropriate authority to exercise the delegated authority and this ordinance shall be otherwise unaffected. SECTION 18. The Grantee shall pay all costs of publication of notice of this ordinance as required by the City charter SECTION 19. This franchise ordinance shall take effect when all of the following conditions have been met: 1) it has been executed by the parties; 2) sixty (60) days have expired since final adoption by the City Council, 3) the parties or the Corporation and EarthLink have executed the Network Services Agreement, 4) the parties have executed the Agreement, and 5) the City and the Corporation have entered into an agreement granting the Corporation all rights required or appropriate to perform as contemplated in this Franchise. 4 - That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ___, 2006, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry GarcIa That the foregoing ordinance was read for the second time and passed finally on this the day of________, 2006, by the following vote: Henry (Jarrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia APPROVED AND PASSED on this ._ day of _...______. ,2006, ATTEST' Armando Chapa, City Secretary Approved.!..i~~v __J_L.:n l L Henry Garrett, Mayor ~:K- ~~j<- Lisa Aguilar \../ A~istant City Attorney for City Attorney 32 ......."m_'~ AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING DATE. Tuesday November 14. 2006 TIME During the meeting of the City Council beginning at 10 a m PLACE City Council Chambers 1201 Leopard St Corpus Christi, TX 78401 1. President Rex Kinnison calls meeting to order 2. Secretary Armando Chapa calls roll Board of Directors Rex A. Kinnison, President Brent Chesney, Vice President Melody Cooper Jerry Garcia Henry Garrett Bill Kelly John E Marez Jesse Noyola Mark Scott Officers George K. Noe. General Manager Armando Chapa, Secretary Mary Juarez, Asst Secretary Cindy O'Brien, Treasurer Constance P Sanchez, Asst Treasurer 3. Approval of the minutes of October 18, 2005, and September 19 2006 4. Approval of the financial report 5. Approval of a request by the Nueces Community Action agency to amend their CHDO agreement to Increase the maximum purchase price of a home under their CHDO program from $80,000 to $85 000 6. Public Comment 7. Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION October 18, 2005 3:06 P.M. PRfSENT Board of Directors Rex Kinnison, President Breat Chesney, Vice-President Melody Cooper JOM Marez Henry Garrett Bill Kelly Mark Scott Jerry Garcia Officers George K. Noe, City Manager Armando Chapa, Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer ABfENT Jesse Noyola President Kinnison called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum was present to conduct the meeting and that notice of the meeting had been posted. President Kinnison called for the approval ofthe July 26,2005 minutes. Mr. Garrett made a motion to approve the minutes as presented, seconded by Mr. Chesney, and passed. President Kinnison called for the financial report. City Manager Noe referred to a Combined Balance Sheet and Combined Statement of Revenues, Expenditures, and Changes in Fund Balance for the twelve months ending July 31,2005. There were no comments. President Kinnison opened discussion on Item 5, a request from L.V.L.A.C. Village Apartments for reinstatement of the remaining $259,359 from the original $370,700 of HOME/CHDO program funds. Mr Noe reported that the grant funds would be used for the rehabilitation of the 152-uTIlt apartment complex. Additionally, the funds would be expended within 90 days of the approval of the reinstatement. A motion was made, seconded, and passed to approve LV.L.A.C Village Apartment's request as stated above (Noyola was absent). President Kinnison asked for public comment, and there was none. There being no further business to come before the Board, President Kinnison adjourned the meeting at 3 :08 p.m. on October 18. 2005 MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION September 19, 2006 10:44 A.M. PRfSENT Board of Directors Rex Kinnison, President Bremt Chesney, Vice-President Melody Cooper Henry Garrett Bill KelJ \> John Marez Jesse Noyola Mark Scott Jerry Garcia Officers George K. Noe, General Manager Armando Chapa, Secretary Cindy O'Brien. Treasurer President Kinnison called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Kinnison called for the approval of the minutes from the August 22,2006 meeting. Mr. Garrett made a motion to approve the minutes as presented, seconded by Mr. Chesney, and passed. President Kinnison opened discussion on Items 4 and 5, appointments to the Loan Review Committee. The following appointments were made: Alice Vaughan (Reappointed), Ben Grande (Reappointed), Alynda Asher (Reappointed), and Jesus A. Leija (Reappointed) and Char Atnip (New Appointment). General Manager Noe introduced Item No.6, the revisions to the CCCIC Loan and Grant Rehabilitation Handbook. There were no questions. Secretary Chapa polled the Corporation for their votes on Item 6 6 MOTION TO APPROVE REVISIONS TO THE CCCIC LOAN AND GRANT REHABILITATION HA.~BOOK TO REFLECT THE NEW PEOPLESOFT SYSTEM ADJUSTMENT TO THE CCCIC ESCROW ACCOUNT - GENERAL LEDGER ACCOUNT NUMBERS REFERENCED IN CHAPTER 2, ENTITLED, GENERAL LEDGER ACCOUNTS. The foregoing motion was passed and approved as follows: Kinnison, Chesney, Cooper, Garcia, Garrett, Kelly, Marez. Noyola, and Scott, voting "Aye". General Manager Noe introduced Item No.. 7, the revisions to the CCCIC Loan and Grant Rehabilitation Handbook. There were no questions. Secretary Chapa polled the Corporation for their votes on Item 7 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET September 30,2006 Loan Program Special Project HOME Program ASSETS Fund Fund Fund Total Cash and investments 731.499 221,875 361,318 1,314,692 Due from U S Government/Other Fund 47,326 0 112,760 160,086 Mortgages receivable 11.516,677 0 7,670,977 19,187,654 Accrued interest receivable 603 1,545 0 2,148 Account receivable 19,771 0 5,701 25,472 Leasehold improvements (net of accumulated amortization) 0 0 0 0 Investment in property (net of accumulated depreciationl 180,896 21,047 0 201,943 Total assets 12,496,772 244.467 8.150.756 20,891.994 L1ABILllIES AND FUND BALANCE Liabilities: Accounts payable 341 .836 0 308,830 650,666 Bank note payable 0 0 0 0 Total HIlbilities 341 ,836 0 308,830 650,666 Fund Balance Reserved for mortgages 11.516,677 21,047 7.670,977 19,208,701 ReseNed for Investments 231 ,679 0 0 231 ,679 Unreserved 406,580 223,420 170,948 800,948 Total fund balance 12,154,936 244,467 7,841,925 20,241,328 T otalllabilities and fund balance 12.496.772 244,467 8.150,755 20,891.994 ~ CiTY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES l=OR THE TWO MONTHS ENDING SEPTEMBER 30, 2006 Loan Program Special Project HOME Program Fund Fund Fund Total Revenues Contribution from Federal Government 0 0 1 ,135,953 1,135,953 Interest on loans 12,396 0 79,066 91,462 Interest on investments 3.484 1.880 5,183 10,547 Rental income 19.610 0 0 19,610 Miscelleneous 408 0 381 789 ~.,-,-_._- Total revenues 35,898 1,880 1,220,583 1,258,361 Expenditures Grants 0 0 1,026,516 1,026,516 Warranty Work 1,607 0 6,400 8,007 Community Development administration 0 0 210,713 210,713 Loan processing 0 0 26,502 26,502 Accounting services 0 0 1,568 1,568 interest expense 0 0 0 0 Miscell8neous 0 0 0 0 Accumulated amortization- forgiVlble loans 17 .333 0 70,078 87,411 leasettold improvements 0 0 0 0 Accul110lated depreciation - building 1,243 0 0 1,243 "'otal expenditures ____..?O.183 __ 0 1,341,777 1,361,960 Excess of revenues over expenditures 15,715 1,880 (121,194) (103,599) Other financing sources(usesi: Operating transfers in(out) Tranefer From CDBG 0 0 0 0 Transfer To CDBG 0 0 0 0 -.---..-"--- Total other financing sources(uses) 0 0 0 0 -'--~-'-"',-- Excess (Oeficit)of revenues and other financing sources over expenditures and other uses 15,715 1,880 (121,194) (103,599) Fund balances at August 1 2006 12.139,221 242,587 7,963,119 20,344,927 Fund batences at September 30,2006 12,154.936 244.467 7 .841.925 20.241.328 Memorandum TO: President Rex Kinnison and Board Members of the Corpus Christi Community Improvement Corporation George K. Noe, General Manager ~J November 9. 2006 r FROM: DATE: SUBJECT Request for Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) on November 14, 2006 I am requesting that a meeting of the Corpus Christi Community Improvement Corporation (CCCIC) be held during the council meeting of Tuesday, November 14, 2006, to consider a request by the Nueces County Community Action Agency (NCCAA). The NCCAA constructs new affordable housing as part of the City's HOME program under a 2803 CHDO agreement between NCCAA and the CCCIC NCCAA is requesting an amendment to their CHDO agreement allowing the increase in maximum purchase price of an affordable home from $80,000 to $85,000. This change is necessitated by increasing costs of construction and construction materials. Both the 4A Board and the COC have recently increased their purchase price limits from $80,000 to $85,000 as a result of these same market pressures. The price limit of $80,000 was established on April 9, 2002 for NCCAA. We believe that the NCCAA request is valid and is supported by both COC and 4A Board previous action and we recommend approval. -