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Home My WebLink AboutAgenda Packet City Council - 04/17/2007CITY COUNCIL AGENDA APRIL 17, 2007 Corpus Ch risti ktinettAl All-America City 1 1 1 iamaioo amatior, JO lar+nc ;ter #4 oar amatiot' J=c_iarinc amation der larinc, tamatior• d- ciarinu iamatior declanng n rnendaticr The o our Sery c-?' Away- Apra 0 . • ;hiidrer: ; Hoot: Festival Da' April 0 117 :r 'Natrcnai ssocratior of Women n Construction Corpus Christi liversary 7e week Apr, . 20(7 as "Hospital Volunteer Week" he week ? Apr: i 7 -24, 20( 7 as 'Hawn Wild Flight Theater Week" he week Apu 22 -28. 20(•7 as 'National indoor Comfort Week" he month :.:f AP 7i as "National 'Cold Abuse Prevention Month" MME Dep(' Beautification 3rolect City Sta" Rec. c;rition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 APRIL 17, 2007 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. !vlember- of tie audience will be i arovided :70 opportunity tc address the Council at approximately 12:00 p.m. or at the end if 'he Councu Meeting, whichever is earlier Please speak into the microphone located at the podium and state your name are. r address v :cur presentation will be limited tc *nree minutes 'f you have a petition or other information pertaining to your 3u Ole( please present 1 t:. the sty Secre',iry ^$s ,;sted iesea dirigirse a r e sr ngies es 7imitado. habra un interprete ingles- espanol en todas las juntas fe c r;, Iro .,ar -i ayudar'ir> ,:'ersof3s with a sabilities •v:°to pia r to atter c this :neeting &nd who may need auxiliary aids or services are requested to tact toe Cif:), - Secretan, office- at 36 lhr' at least 48 tlours in advance so that appropriate arrangements can be n,- A Mayor Henry Garrett to call the meeting to order, B invocation to be given by Reverend Buddy Barnett, Cathedral of the Palms. C Pledge of Allegiance to the Flag of the United States, I? City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Hien5 Garrett Mayor Pro Tern Rex nnison Council Members: Brent Chesney City Manager George K. Noe Metoay Co..4)er City Attorney Mary Kay Fischer Jerry Garcia City Secretary Armando Chapa Bull Kelly _ .,John Mare: Jesse Noyol i Mark Sot E',t�ui 3t Couoci� i` tee'vig CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F MINUTES. Lppro gal of Regular Meeting of A ril 10, 2007 (Attachment # 1) BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: r -or administrative convenience certain of the agenda items are listed as motions, resolutions or ordinances, If deemed appropriate, the City Councl will use a different method of adoption from the one listed; may t nally pass an ordinance by adopting it as an emergency measure r 3ther than a two reading ordinance; or may modify the action specified. motion to reconsider may be made:- at this meeting of a vote at the iast regular, or a subsequent special meeting; such agendas are =iicoroorated herein for reconsideration and action on any reconsidered :rerr SPECIAL PRESENTATION Wastewater Capital Improvement Projects Completed in 2006 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, in whico event the item or items will immediately be withdrawn for individual consideration ir° its normal sequence after the items not requiring separate discussion nave been acted upon The remaining items will he adopted by one vote CONSENT MOTIONS, RESOLUTIONS ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: At this :point the C :ouncil will vote 0 all motions, resolutions and ordinances not emoved for individual ccrisideratir,!!) ,get egular Co ci Meeting Ape 20,1 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion approving a supply agreement with A. Y McDonald Mfg. o.. f Dubuque, Iowa for approximately 6.625 gas meter valves ranging in size from inch tc 1 `'2 nches in accordance with Bid invitation No BI -012-' -07 based on low total bid for an estimated onnuai expenditure of $104,220,25 of which $26,055 is budgeted FY 2006 -2007. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee =unds have been budgeted by vie Gas Department in 2Ci06 -2007 Attachment # 2) (Requires 2/3 vote) Motion approving the purchase of two (2) tractors and one (1) heavy duty rotary weed cutter from Coastal Plains Equipment Company, of Corpus Christi, Texas in accordance with Bid nvitation No BI- 0132 -07 based on low bid for a total amount of $84 400. These items are purchased for the Parks and Recreation Department and Storm Water Department. All items are replacements to the flee ° Funds are available in the Capital °)utiav Budget of the Maintenance Services Fund. (Attachment u 3 (Requires 2/3 vote) Motion authorizing the City Manager or his designee to accept )rant funding in the amount of $25,000 from the Texas Department of Transportation for the Click it or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant )rotection enforcement overtime within the Police Department and to execute all related documents. (Attachment # 4) )rdinance appropriating $25.00(0 from the Texas Department of Transportation for the funding of the Click it or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in the No. 1061 Police Grants Fund. (Attachment # 4) (Requires 2/3 vote) Motion approving the Water .Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Fence Lake Investments. Ltd owner and developer of Hill Country Estates, located east of McKinzie Road (FM3386) and north of Kingsbury Drive for the installation of 636 - linear feet of a 12 -inch PVC water grid main (Attachment # 5) (Requires 2/3 vote) Ac =n. r e a ar Cou-icil Mee, -in- 200 Svc: "s G� CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) .rdinance appropriating $4.,,45L43 from the Water Arterial ransmission and Grid Main rust Fund Nc. 540450 -21805 -4030 to pay the Fence Lake Investments Ltd. reimbursement request for the installation of 336- linear feet of a 1 2 -inch PVC water grid main to develop Hill Country t states- (Attachment # 5) (Requires 2/3 vote) Motion authorizing the City Manager to execute a Deferment Agreement with Landmark \ alley Homes, Inc., (Developer), in the amount of $116 '54 for he construction of public concrete sidewalks along Richter Street. Candace Street, San Javier Street Ryland Street, Santa Olivia Street, Santa Ana Street, Santa Sofia Street, and Santa Lucia Street within Vista Hermosa Subdivision Phase ' locate!, north of Holly Road and west of Kostoryz Road in accordance with the Platting Ordinance Section -Required Improvements, Subsection A 3.b (Attachment # 6) (Requires 2/3 vote) Motion authorizing the City Manager or his designee to execute a contract with Horizon Centre in the amount of $50,000 for the Development Services Process Improvement Project, Phase IV, implementation (Attachment # ' ( (Requires 2/3 vote) Ordinance appropriating $50, :00 from the Development Services Special Revenue Fund No. 467C to pay the consultant, Horizon Centre. for consulting services for the Development Services °rocess Improvement Project, Phase IV Implementation. "Attachment # 7) (Requires 2/3 vote) Second Reading Ordinance - Authorizing the City Manager or his designee to execute a ten -year reciprocal fiber license agreement with Grande Communications Networks, Inc ("Grande") for the City to receive use of approximately 82.9 miles of Grande fiber, and Grande to receive use et approximately 18.9 miles of City fiber- providing for refunc of $100,000 security deposit established in the Grande :: ;abler franchise (First Reading 3'20/07) (Attachment # 8) (Requires 2/3 vote) Cc, oil Mcw I o 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PUBLIC HEARINGS ZONING CASES: Case No. 0207 -05 Glenn Butler: 4 change of zoning from a "B -1" Neighborhood District and a 7-1B" Manufactured Home Park District to a "B-3" Business District on the property described as 0 90 acres out of Lot 1, Bob -Rose Rice Addition 2, located east along Waldron Roan and eirpproximately 1.000 feet north of Caribbean Drive (Attachment # Planning Commission and Staff's Recommendation: Approval of a "B-3" Business District ORDINANCE Amending the Zoning Ordinance upon application by Glenn Butler. by changing the zoning map in reference to 0.90 acres out ..;° Lot 1, Bob -Rose Rice Addition 2, from "B-1" Neighborhood Business District and `T-1 B" Manufactured Home Park District to B -3 Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; ;Proving a repealer clause; providing a penalty: providing for ;publication (Requires 2/3 vote) Case No. 0307 -02 DB Ventures, LLC.: A change of zoning from a "B -3" Business District to a 'B -4" General Business District on property described as Flour Bluff Estates, Block K, Lots 14, 15, 16 17 18, 23. 24, 25. 26, and 27, located approximately 100 feet -arth of South Padre island Drive between Recreation Drive and East Lakeside Drive Attachment # 10) Planning Commission and Staff's Recommendation: Approval of a "B -4" General Business District 'ORDINANCE Amending the Zoning Ordinance, upon application by DB ventures, LLC, by changing the zoning map in reference to Flour Bluff Estates: Block K Lots 14 15 16.17 18, 23, 24, 25, 26 and ?' from 'B -3' Business D =stric' to "B -4" General Business cia- Council ncil Meettn 2 (.` CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) District, amending the Comprehensive Plan to account for any eviations from the existing Comprehensive Plan; providing a epeaier clause, providing penalty providing for publication. (Requires 2/3 vote) Case No. 0207 -06, MER investments, LLC: A change of zoning r'orr a "F -R" Farm -Rural District to a "B -4" General Business District on the property described as 10.000 acres out of a 259.98 •cre tract of land out of the Gregorio Ferias Grant, Abstract 592, oocated east along Highway 77 and approximately 7.000 feet south of Up River Road Attachment # 1 0` Planning Commission and Staff's Recommendation: Approval of "B -4" General Business District OR D INAN(;F Amending the Zoning Ordinance, upon application by MER nvestrnents L L C b changing the zoning map in reference to 0.000 acres out of a 259 98 acre tract of land out of the Gregorio arias Grant. Abstract 592, from "F -R" Farm -Rural District to "B -4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause providing a penalty; providing for publication. (Requires 2/3 vote) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: Motion approving the Arterial -"ransmission and Grid Main Construction and Reimbursement Agreement submitted by MER investments. LLC owner and developer of MER Subdivision, Block 1, Lot 1 located east of US Highway 77 and south of County Road 52 for the installation of 1,600- linear feet of 12 -inch PVC water grid main (Attachment # 12) (Requires 2/3 vote) y t s1 < -Regu a.T Mee'in v 2r' DaQe CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Ordinance aporopnating .1 , 7 472.75 from the Arterial _µ ran smission and Grid Main "-rust F=und Nc. 540450- 21805 -4030 t;) reimburse MER Investments, l__C for the installation of 1,600 - linear feet of a 12-inch PVC grid main to develop MER Subdivision, Bock Lot 1 Attachment # 12) (Requires 2/3 vote) 3 Resolution requesting that the 80 Texas Legislature consider exempting the 1-60 International Trade Corridor from any restrictions moratoriurls n transportation projects. 'Attachment # 13? 4 Li Motion adopting the FY 20( ' Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and HOME Programs (Attachment # 1 u Resolution adopting the FY e_?00 7 Consolidated Annual Action Plan which includes the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and HOME Programs; authorizing the City Manager or iris designee to submit the FY 2007 Consolidated Annual Action Plan to the United States Department of Housing and U rban Development; and authorizing the City Manager or his designee to make changes in the FY 2007 Consolidated Annual Action Plan if required by the United States Department of Hosing and Urban Development. Attachment # 14) PRESENTATIONS: (NONE) Public comment will net be solicited ;,r; Presentation items 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 PORM 4 T THE REAR OF THE COUNCIL CHAMBER. GIVING YOUR NAME, ADDRESS AND TOPIC. recording is made :_ J the meeting therefore, please speak into the microphone located at the podium and state your name and address if you ?Nave : 7etition or other in ormatior ;)ertairr no to your subject, please present Oity Senierarr :c``. , ti Requ a, Ct cll Mee' roc; Lie CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) usfet se dirige y aurt.t y cree q sti qlgies es Irmita do. habra un interprete gle e spanol er ,a racer ,(5r) de la + nta ara ayud<trle 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 .:: ity Council may elect to go into executive session at any time luring the meeting in order to discuss urty matters listed on the agenda. when authorized by the provisions of The Open Meeting Act Chapte 551 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 fxto executive session regarding an agenda item, the section or ections of the Open Meetings Act authorizing the executive session wil! be publicly armour? red by tine presiding office REPORTS: 'he following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff, onstituent concerns; :current topics raised by media; follow -up on Staff +ssignments,; scheduling of future Council meetings and activities; and ther brief discussions regarding city - related matters. LEGISLATIVE JPGL;TE Consideration of resolutions and actions deemed appropriate by tie City Council as to legislative issues nefore the 80th Texas egislature :Im MANAGER'S : =EPOR_ Upcoming (terns ..1A C'R'S UPiDA -E Co U lcil Me s 2r, 7E? NOTE 01_'N CIL AND OTHER REF;OF ' S ADJOURNMENT. POSTING STATEMENT: his agenda was posted cn the City s official bulletir board at the front entrance ) City hall, 1201 1_eooarfl Street C` p m., April 13 2007, Armando Chapa ity Se(:retary 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) PRESENT Mayor Henry Garrett Mayor Pro Tern Rex Kinnison Council Members, Brent Chesney Melody Cooper Jerry Garcia Bill Kelly John Marez Jesse Noyoia Rex Kinnison MINUTES CITY OF CORPUS CHRISTI, TEXAS Regu,ar Council Meeting lord .'_0 2007 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garret: called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Phillip Phifer of Trinity Lutheran Church and the Pledge of Allegiance to the United States flag was led by Council Member Jerry Garcia. Mayor Garrett called for approval of the minutes of the regular Council meeting of March 27, 2007 A motion was made and passed to approve the minutes as presented. . * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 2 - 16). City Secretary Chapa announced that Council Member Jesse Noyola would be abstaining from the discussion and vote on Items 13 and 16 There were no comments from the public. Council members requested that Items 5 and 6 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows MOTION NO. 2007 -088 Motion approving a supply agreement with HD Supply/Waterworks, of Corpus Christi, Texas for approximately 1.189 cast iron foundry items in accordance with Bid Invitation No. BI- 0079-07 based on low total bid for an estimated semi - annual expenditure of $56,350.50 of which $37,567 is available in FY 2006 -2007. The term of the supply agreement will be for six months with an option to extend for up to five additional six -month periods subject to the approval of the supplier and the City Manager or his designee. These items will be purchased into Warehouse Inventory and used by the Water, Wastewater, and Park Maintenance Departments. Funds are available through the Stores Fund for FY 2006 -2007 and have been requested for FY 2007 -2008. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison, Marez. Noyola, and Scott, voting "Aye ". Minutes _ Regular Council Meeting April 10. 2007 — Page 2 RESOLUTION NO. 027203 Resolution authorizing the submission of a grant application in the amount of $43,430 to the State of Texas, Criminal Justice Division for Year 8 funding available under the Victims of Crime Act (VOCA) Fund for the Police Departments Family Violence Unit with a City match of $14,007 and 52,400 in -Kind services and authorizing the City Manager or his designee to apply for accept. reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper-. Garcia Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye ". ORDINANCE NO. 027204 Ordinance appropriating an amended grant from the Division of Emergency Management, Office of the Governor, in the amount of $151,634.59 to carry out designated homeland security activities as part of the 2006 Homeland Security Grant Program, in the No. 1062 Fire Grants Func An emergency was declared, and the foregoing ordinance was passed and approved with the following vote. Garrett Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott voting "Aye ". a. RESOLUTION NO. 027209 Resolution authorizing the City Manager or his designee to execute the First Amendment to the Agreement to Grant Business Incentives to A. C. Distribution, Inc., for the creation of jobs to extend the term of the program agreement. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 7 0. RESOLUTION NO. 027210 Resolution authorizing the City Manager or his designee to execute the First Amendment to the Agreement to Grant Business Incentives to McTurbine, Inc., for the creation of jobs to extend the term of the program agreement. the foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". ORDINANCE NO. 027211 Adoption of an Ordinance with respect to Allied Waste North America, Inc. and its subsidiaries or affiliates project approving the issuance of revenue bonds by the Mission Economic Development Corporation, designating a Public Hearing Officer and authorizing the City Mayor to execute certificates approving the ordinance and public hearing. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting 'Aye ". Minutes -- Regular Council Meeting ,Aprii 10, 2007 — Page 3 MOTION NO 2007 -089 Motion authorizing the City Manager or his designee to execute a construction contract for Base Bid "B' in the amount of $758,198 and Additive Alternate No. 2 in the amount of $83.060, for a total construction contract in the amount of $841,258, with D & C Fence Company. Inc , of Corpus Christi, for the Homeland Security Improvements at Wastewater Treatment Plants and Wastewater Equipment Yard. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Keliy, Kinnison, Marez, Noyola. Scott, voting "Aye ". 10 MOTION NO 2007 -090 Motion authorizing the City Manager or his designee to execute a construction contract with King- Isles, Inc. of Corpus Christi. Texas in the amount of $2,347,765 for the Up River Road Water Line Improvements - Dona Drive to Savage Lane for the Total Base Bid and Additive Alternative No 2 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". MOTION NO 2007 -091 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation, of Corpus Christi, Texas in the amount of $46,048.56 for renovations to the Joe Garza Recreation Center (BOND ISSUE 2004 and COMMUNITY DEVELOPMENT BLOCK GRANT) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola. and Scott, voting "Aye ". 12 MOTION NO 2007 -092 Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with SLC Construction, L.P., of Conroe, Texas in the amount of $261,300.02 for the replacement of existing water lines as part of the Lindale /Chenoweth Drainage protect The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 13 MOTION NO 2007-093 Motion approving the application from MMJ Communication to temporarily close the following street sections, the Peoples Street T -Head and the entire Peoples Street T -Head water area as outlined below for the Texas International Boat Show, to be held on Thursday, April 26, 2007 through Sunday, April 29, 2007 1) The temporary street closures of northbound lanes of Shoreline Boulevard, including the medians, from the north curb line of Schatzel Street to the south right -of- way of Starr Street, in order to facilitate the set up and tear down of the Texas International Boat Show, beginning at 1201 n m on Monday, April 23, 2007 until 6-00 p.m. on Monday, April 30, 200 -_ Minutes - Regular Coun.A Meeting April 13 2007 - Page 4 2) This includes the entire Peoples Street T-Head Water Area encompassing Docks E, F, G. and H in the Marina, ncluding boat slips and other amenities. The Water Premises include the northwest point of the breakwater starting from the Peoples Street T -Head following west to an equal point on the seawall in line with Taylor Street and a point South on the Peoples Street T -Head South of Dock "E" to a point on the seawall in line with Schatzel Street. The Peoples Street T -Head water access area closure is from April 24, 2007 at 6:00 a.m. through Aprl 30. 2007 at 6:00 a.m The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia. Kelly. Kin nison. Marez, and Scott, voting "Aye "; Noyola abstained. MOTION NO. 2007 -094 Motion approving the application from the Buccaneer Commission to temporarily close the following street sections for the 69th Annual Buccaneer Days Carnival and the 6th Annual Buc Days BBQ Challenge and Rodeo Festival, April 25, 2007 through May 6, 2007. (Attachment #14) ) The temporary street closures of both legs of Shoreline Boulevard, northbound and southbound from the north right -of -way line of Power Street to the South Texas Art Museum for the 6th Annual Buc Days Rodeo and BBQ Challenge beginning at 8:00 a.m., April 21, 2007 to 5 00 p rr May 7 2007 2) Additionally, Palo Alto and Fitzgerald Streets from southbound Shoreline Boulevard to Water Street will require temporary closures for the annual Buc Days Rodeo, Buc Days Carnival and BBQ Challenge beginning at 8:00 a.m, April 21, 2007 to 5:00 p.m., May 7, 2007 3) In cooperation with the Texas Department of Transportation, North Broadway, including under US 181 Harbor Bridge, between Fitzgerald and Brewster Streets will require temporary closure for staging of professional rodeo cowboys truck/trailers beginning at 8:00 a.m.; April 23, 2007 through 11 00 p.m, April 28, 2007. 4) Temporary street closure of Resaca Street from Water Street to Shoreline Boulevard beginning at 8:00 a.m., April 21, 2007 through 5:00 p.m. May 7, 2007 for the Buc Days Challenge. Carn val. and Rodeo The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 15. ORDINANCE NO. 027212 Ordinance authorizing the City Manager or his designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2007 Buccaneer Days Festival and related activities to allow use of Shoreline Boulevard from Power Street north up to and ncluding the Barge Dock area, and additional lots bounded by South Shoreline, Fitzgerald, Water and Palo Alto Streets and additional lot bounded by South Shoreline, Fitzgerald, Water and Resaca Streets during April 18 through May 11, 2007, provide for the Commission paying 50% police overtime and 100% all other city costs and provide for reduced temporary food vendor permit fees of $35 for 2007 Buccaneer Days Festival. Minutes -- Regular Ccunci! Meeting April 1022007 — Page 5 An emergency was deciarec, and the foregoing ordinance was passed and approved with the following vote Garrett. Chesney Cooper Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye" 16 ORDINANCE NO 027213 Second Reading Ordinance Adopting the Corpus Christi International Airport Master Plan Update as an element of the Comprehensive Plan of the City of Corpus Christi, and providing for publication. The foregoing ordinance was passed and approved on its second reading with the following vote Garrett. Chesney Cooper Garcia; Kelly. Kinnison, Marez, and Scott, voting "Aye "; Noyola abstained Mayor Garrett opened discussion on Item 5 regarding appropriating funds designated for negotiated firefighter pay. In response to Council Member Marez, City Manager Noe explained that retroactive and prospective payment was budgeted in previous years and placed in fund balance. He added that the appropriation of funds was set aside for past raises for the Corpus Christi Firefighters Association City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO 027205 Ordinance appropriating $592,500 from the Unreserved Fund Balance designated for negotiated firefighter pay in the General Fund for firefighter salary increases; amending Ordinance No 026908 which adopted the FY 2006 -2007 Operating Budget to increase appropriations by $592 500 An emergency was declared and the foregoing ordinance was passed and approved with the following vote Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett opened discussion on Item 6 regarding amendments for affordable housing contracts of the Corpus Christi Business and Job Development Corporation. Council Member Kelly asked questions regarding the anticipated date of completion for homes built on the lots referenced n Items 6 a and 6 b Rudy Cantu, Nueces County Community Action Agency, said completion of the homes would be in August 2008 Mr Cantu provided an explanation of the amendment to the contract for an increase in the maximum home purchase price. Council members asked questions regarding the acquisition of lots, proceeds from the sale of lots; market price for homebuilders; and she infill projects on Solidad Street City Secretary Chapa polled the Council for their votes as follows: 6 a RESOLUTION NO 027206 Resolution authorizing the City Manager or his designee to execute the First Amendment to the Contract between the Corpus Christi Business and Job Development Corporation and Nueces County Community Action Agency (NCCAA) for affordable housing to extend the term of the program agreement and to increase the maximum home purchase price. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia. Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye ". Minutes -- Regular Council Meeting April 10. 2007 — Page 6 RESOLUTION NO. 027207 Resolution authorizing the City Manager or his designee to execute the First Amendment to the Contract between the Corpus Christi Business and Job Development Corporation and the Nueces County Community Action Agency (NCCAA) for affordable housing for a Pilot Infill Housing Project to extend the term of the program agreement; to increase the maximum home ourchase price_ to change the warranty deed requirement. he foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Coope'.. Garcia Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye ". RESOLUTION NO. 027208 Resolution authorizing the City Manager or his designee to execute the First Amendment to the Contract between the Corpus Christi Business and Job Development Corporation and Randy Farrar dba Miramar Homes, for the Affordable Housing Program Agreement, to extend the term of the program agreement. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Garcia Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". * * * * * * * * * * ** Director of Engineering Angel Escobar briefly informed the Council about the Water improvement Projects completed in 2006 * * * * * * * ** * * ** Mayor Garrett opened discussion on Item 17 regarding amendments to the Corpus Christi Business and Job Development Corporation guidelines and criteria. Director of Economic Development Irma Caballero. provided a review of the summary of key revisions to the guidelines. Gail Hoffman. Chair of the Corpus Christi Business and Job Development Corporation and Roland Mower. CEO of the Corpus Christi Regional Economic Development Corporation answered questions from the Council regarding the definition and process of a business incubator startup; the new category entitled "Small Business Primary Employer "; the Recapture language in Section 11; the Access to Faciiity language in Section 12: and ideas to encourage lower age level students to begin training to learn technical skills Abel Alonzo, 1701 Thames, thanked the Council for making the 4A Board inclusive and diverse He spoke regarding the education of the youth and the good use of taxpayer's monies. Cty Secretary Chapa polled the Council for their votes as follows: 1 RESOLUTION NO. 027214 Resolution approving amendments to the Corpus Christi Business and Job Development Corporation guidelines and criteria for granting business incentives. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney Cooper, Garcia. Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye ". Minutes -- Regular Counc ' Meeting Apr.', 10 2007 - Pace 7 Mayor Garrett opened discussion on Item 18 regarding North Port Avenue - IH 37 to US 181 Director of Engineering Angei Escobar explained that this project is a joint effort between the City the Texas Department of Transportation and the Metropolitan Planning Organization to begin Phase I of the project including: public involvement, permit preparation, a traffic study, an alternate parking analysis. re-establishment of the right -of -way survey, and a 3D Animation Model to show citizens the project Counc., members asked questions regarding temporary work on the railroad tracks and the t meframe•or completion of the project. There was no public comment. City Secretary Chapa poled the Council for the r votes as follows: 18 MOTION NO 2007-095 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Mayer ck Engineering. of Corpus Christi, Texas in the amount of $749,221 for North Port Avenue IH 37 to US 181. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kell, Kinnison, Marez. Noyola. and Scott, voting "Aye ". Mayor Garrett opened discussion on Item 19 regarding the Corpus Christi marina Development Project Phase III. Director of Engineering Angel Escobar presented this item. There was no public comment. C•ty Secretary Chapa polled the Council for their votes as follows: 19 a ORDINANCE NO. 027215 Ordinance appropriating $176,172 from interest earnings into the Marina Development 2005 Capital Improvement Project 3233 Fund for the Marina Development Project Phase III: Docks E, F G and H project. amending the FY 2007 Capital Budget adopted by Ordinance No 026997 to increase appropriations by $176,172. An emergency was declared and the foregoing ordinance was passed and approved with the following vote Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott. voting 'Aye' 19. b MOTION NO 2007 -096 Motion authorizing the City Manager or his designee to ratify and award Change Order No. 7 tc a construction contract with CCC Group. Inc.. of San Antonio, Texas in the amount of $49 942 for the Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G. and H) for the installation of three phase electrical service for two locations on Dock E and pavement repa!rs on the Peoples Street T -Head. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". *k. * * * * *. * ** Mayor Garrett referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0107 -04, King's Crossing Realty, Ltd.: A change of zoning from a "R-1C" One - family Dwelling District and a "R -2" Multiple Dwelling District to a "R- 21PUD -2" Multiple Dwelling District with a Planned Unit Development -2 Overlay on the property described as Minutes - Regular Council Meeting April 10 2007 - Page 8 King's Crossing Unit 21, Block 1 Lot 1, located southwest of the intersection of Cimarron Boulevard and Lens Drive City Secretary Chapa stated that the Planning Commission and staff recommended approval of the R-2/PUD-2" Multiple Dwelling District with a Planned Unit Development- 2 Overlay with nine (9'i conditions No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr Chapa polled the Council for their votes as follows 2C ORDINANCE NO. 027216 Amending the Zoning Ordinance, upon application by King's Crossing Realty, Ltd., by changing the zoning map n reference to King's Crossing Unit21, Block 1, Lot 1, from "R -1C" One - family Dwelling District and "R -2" Multiple Dwelling District to "R -2 /PUD -2" Multiple Dwelling District with a Planned Unit Development -2 Overlay, subject to an approved replat and nine conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott. vot.ng "Aye ". Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open the pubic hearing on the following zoning case Case No. 0207 -01, Owen Norton: A change of zoning from a "B-4" General Business District to a °B-4 /PUD -2` Genera' Business District with a Planned Unit Development -2 Overlay on the property described as 2.12 acres out of the southeast one hundred feet of Lots 1, 2, and 3, and all of Lots 15, 16, 17. 18. and 19 of Surfside Addition, located north of Caribbean Drive and approximately 200 feet east cf Laguna Shores Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval of a 'B-4 /PUD -2" General Business District with a Planned Unit Development -2 Overlay with eight (8) conditions. No one appeared in opposition to the zoning change. Mr. Noyola made a motion to close the public hearing. seconded by Ms. Cooper. and passed. Mr. Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 027217 Amending the Zoning Ordinance, upon application by Owen Norton, by changing the zoning map in reference to 2 12 acres out of the southeast one hundred feet of Lots 1, 2, and 3, and all of Lots 15, 16, 1', 18 and 19 of Surfside Addition, from "B-4" General Business District to "B-4 /PUD -2" General Business District with a Planned Unit Development -2 Overlay, subject to eight conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty; providing for publication. Minutes — Regular Counon Meeting April 10. 2007 — Page 9 An emergency was declarec, and the foregoing ordinance was passed and approved with the following vote- Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett referred to Item 22 and a motion was made, seconded and passed to open the public hearing on the fc''lowing zoning case Case No 0207 -04, R. Bryan Johnson: A change of zoning from a "R-1B" One - family Dwelling District to a "RE" Residential Estate District on the property described as 73.442 acres out of Lots 1 2, 3, 12 13 14 15, and 16, Section 50, Flour Bluff and Encinal Farm and Garden Tracts ocated between Flour Bluff Drive, Waldron Road, and south of Glenoak Dave City Secretary Chapa stated that the Planning Commission and staff recommended approval of a -RE" Residential Estate District No one appeared in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing. seconded by Ms Cooper and passed. Mr. Chapa polled the Council for their votes as follows 22 ORDINANCE NO. 027218 Amending the Zoning Ordinance, upon application by R. Bryan Johnson, by changing the zoning map in reference to 73 442 acres out of Lots 1, 2, 3, 12, 13, 14, 15, and 16, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, from "R-1B" One - family Dwelling District to 'RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a oenalty: p-oviding for publication An emergency was declared and the foregoing ordinance was passed and approved with the following vote Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting 'Aye' * * * * * * * * Mayor Garrett called for petitions from the audience. Jack Ussery, 6234 Norchester, and Suzy Williams, President of the Navy League of South Texas, asked the Council to consider making active duty Commanding Officers 'City Ambassadors" follows: Mayor Garrett announced the executive sessions, which were listed on the agenda as 25. Executive session under Texas Government Code Section 551.071 regarding Cause No. 06- 1865 -A, Southwestern Bell Telephone, L.P., D /B /A AT &T Texas vs. City of Corpus Christi, in the 28`h Judicial District Court, Nueces County, Texas; Cause No. 06- 1866 -B, Southwestern Bell Telephone, L.P . D /B /A AT &T Texas vs. City of Corpus Christi, in the 117` Judicial Districl Court, Nueces County; Texas; Cause No. 06- 1867 -B, Southwestern Bell Telephone, L.P . D /B /A AT &T Texas vs. City of Corpus Christi, in the 117th Judicial District Court. Nueces County Texas; Cause No 06- 1873 -A, Southwestern Bell Telephone, L P D /B /A AT &T Texas vs City of Corpus Christi. in the 28th Judicial District Court, Nueces Minutes - Regular' Council Meeting April 10. 2007 - Page 1 County, Texas. Cause No 06- 1875 -E, Southwestern Bell Telephone, L.P., D /B /A AT &T Texas vs. City of Corpus Christi, in the 214th Judicial District Court, Nueces County, Texas; and Cause No 06- 1894 -F, Southwestern Bell Telephone, L.P., D /B /A AT &T Texas vs. City of Corpus Christi in the 214th Judicial District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 26 Executive session under Texas Government Code Section 551.071 regarding Cause No. 06- 0070 -A, Joe McComb and Joe McComb Enterprises, Inc. vs. the City of Corpus Christi, in tne 28th Judicial District Court of Nueces County, with possible discussion and action related tnereto in open session The Council went into executive session The Council returned from executive session and tne following motions were passed with the following vote: 25 MOTION NO. 2007 -097 Motion authorizing the City Manager to settle six cases styled Southwestern Bell Telephone, LP., D /B/A AT &T Texas vs City of Corpus Christi, all set in district courts in Nueces County, Texas. for the total sum of $195,000.00 subject to certification of funds. 7 he foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia Kelly. Marez. Noyola, and Scott, voting "Aye "; Kinnison was absent. 26. MOTION NO. 2007 -098 Motion authorizing the City Manager to settle Cause No. 06- 0070 -A: Joe McComb and Joe McComb Enterprises, Inc vs. City of Corpus Christi, in the 28th Judicial District Court of Nueces Count. Texas, for the total sum of $81,000.00, subject to certification of funds and subject to receipt of invoices for work done. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia Marez, and Scott, voting "Aye "; Kelly and Noyola voting "No "; Kinnison was absent Note. Mr. Noyoia had originally voted yes and asked for Council concurrence to change his vote. Council concurred with his request. Mayor Garrett called for a brief recess until 12:30 p.m. to return to Item 23 on the agenda. * * * *, * * * * ** Mayor Garrett called for petitions from the audience. Abel Alonzo, 1701 Thames, reminded the - public that today was the last day for early voting and spoke regarding the accomplishments of the City Council. Jim Baxter, 15354 Cartagena, and Tim Clower, 415 Starr Street, spoke in opposition of the consideration of a tax increment financing district or City assistance in funding a possible new shopping center. k * * * * * * * * * * ** Minutes — Regular Counci Meeting Aori 10 2007 — Page 1 Mayor Garrett referred to the Item 23. a presentation regarding the Crosstown Commons Development Proposal. John Bell. Wood Boykin & Wolter, P C introduced representatives from Hawkins Companies LLC and CBL & Associates as new prospective developers for the Crosstown Extensior at Holly Road and Greenwood Drve. Jeff Brewer, CBL & Associates, and Ryan Gaston, Hawkins Companies provided backgrounds for their companies and a list of current projects under development. Mr Brewer referred tc a powerpoint presentation and pictures including a site plan of tthe project view of the power serve view of the lifestyle center and a project summary. Mr. Bell reviewed some of the Key challenges associated with the project and the possible solutions. Council members asked questions regarding the type of assistance requested of the City; the type of stores and tenants; tax increment financing funds, the affect on other established businesses location of the project, the Holly Road expansion impacts to the City including investment and costs, and a comparative analysis * * * * * * * * * ** * Mayor Garrett opened discussion on Item 24 regarding the public hearing on the Community Development Block Grant. Daniel Gallegos, Oommunity Development Administrator, provided a powerpoint presentation including changes to the FY2007 Consolidated Annual Action Plan (CAAP); a general background of the citizen's participation process, Community Development Block Grant Program CDBG), Home Investmem Partnerships Program (HOME), Emergency Shelter Grant (ESG) Program FY2007 entitlement ailccation, additional funds; total funds available; and staff recommendations as notes in Attachment D. Mr Gallegos said that City Council adoption of funding will take place on Tuesday April 17, 2007 Mayor Garrett asked for public comment Larry Rodriguez, Nueces County Community Action Agency, asked fcf recons deraton to fund the CDBG - Nueces County Community Action/Weatherization /Minn- Home Rehabilitation which was not recommended by staff. Mario Barrera, New Life Fellowship asked for consideration to fund the CDBG -New Life Fellowship of Corpus Christi/Renovation for Rehabilitation which was not recommended by staff and additional funding for ESG -New Life Fellowship for maintenance and operations. Priscilla Wolff, Women's Shelter, spoke in support of staff's recommendation to fund ESG - Women's Shelter of South Texas bit asked the Council to support the request at the most general level possible. Juan Cardenas, The Ark Assessment Center, spoke in support of staffs recommendation to fund ESG -The ARK Assessment Center and Emergency Shelter for Youth, but asked the Council to reconsider to provide an increase In additional funding Larry Churn, Charlie's Place, spoke in support of staff's recommendation to fund ESG - Coastal Bend Alcohol & Drug Rehabilitation Center and asked for reconsideration to fund CDBG- Charlie's Place Water and Sewer Lines, CDBG and HOME-Coastal Bend Alcohol & Drug Rehabilitation Center dba Charlie s Place Anna M. Flores, Coastal Bend Center for Independent Living, spoke in support of staff's recommendation to fund CDBG - Coastal Bend Center for Independent Living for home modifications and asked for reconsideration to fund CDBG - Coastal bend Center for Independent Living for improvements to a new roof and interior on building A of the property. Minutes Regular Council Meeting April 10 2007 - Page 1 Edna Jackson, Greenwood - Molina Children's Center, asked for reconsideration to fund CDBG- Greenwood Molina Children's Center /Schoolagers Play Park in the amount of $75,000. Marisa Telge, asked for reconsideration to fund the CDBG - Coastal Bend Center for independent Living for roof repairs Abel Alonzo, 1701 Thames, expressed his appreciation to the Community Development staff and asked Council to consider staffs recommendations. Jimmie McCarran, Mary McLeod Bethune Day Nursery School, asked for reconsideration to fund CDBG -Mar McLeod Bethune Day Nursery. Inc. for rehabilitation of flooring and security issues Shirley Jordan. Brooks Chapel, spoke in support of staff's recommendation to fund the CDBG- Brooks Chapel Early Childhood Development Center. Sylvia Ford Corpus Christ; Community Development Corporation, spoke in support of staffs recommendation to fund HOME -CDC New Construction Homebuyer Program, but asked the Council to reconsider increasing the funding to the full amount. John Warren. Cliff Maus Village, asked for reconsideration to fund the HOME -Cliff Maus Village Trust for new roofs and stairway landings. Mr. Noyola made a motion for the City Manager to find possible options for funding $75,000: $15,000 for CDBG - Coastal Bend Center for Independent Living for roof and interior rehabilitation; $25,000 for CDGB- Greenwood Molina Children's Center /Schoolagers Play Park; and $35,000 for CDBG- Universal Little League, seconded by Mr. Garcia, and passed. Mr. Marez made a motior for the City Manager to find possible options for funding $75,000 for the CDBG - Downtown Infrastructure Improvements, seconded by Ms. Cooper, and passed. Council Member Scott asked the City Manager to see if the police department can place a special emphasis on the facilities of the humanitarian entities and organizations affected by vandalism. Council Member Cooper recognized the National League of Cities for their efforts to stop Congress from eliminating the program Mayor Garrett made a motion for the City Manager to find possible options for funding $10,000 for CDBG - Coastal Bend Alcohol & Drug Rehabilitation Center dba Charlie's Place through the HOME program, seconded by Mr Garcia and passed. * * * *, * * * * * ** Mayor Garrett called for the City Manager's report. City Manager Noe announced the Human Relations Department is hosting their Annual Fair and Affordable Housing Seminar on April 12th and April 13th at the American Bank Center. Mr. Noe announced the free residential construction debris disposal day at the landfill on Saturday, April 14th, from 7:00 a.m. to 5:00 p.m., Mayor Garrett asked questions regarding a pedestrian light at Snowgoose Road and Everhart Road and crossing guards during summer school at the elementary schools. Minutes - Regular Council Meeting April 10, 2007 - Page 13 Mayor Garrett called for Ccuncl concerns and reports. Council Member Scott asked questions regarding pedest ian lights for the Whitecap Hike and Bike Trail at Park Road 22. Mr. Scott spoke regard ng transportation at the legislative session. There being no further business to come before the Council. Mayor Garrett adjourned the Council meeting at 2 28 p ^ on Apr'l 10 2007 2 Requested Council Action: 4/17/07 Alternate Council Date: 4/24/07 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with A. Y. McDonald Mfg. Co., Dubuque, Iowa for approximately 6,625 gas meter valves ranging in size from 1" to 1 '''A" in accordance with Bid Invitation No. BI- 0121 -07 based on low total bid for an estimated annual expenditure of $104,220.25 of which $26,055 is budgeted in FY 06 -07. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 06 -07 BACKGROUND: Purpose Previous Contract: Bid InvitOions Issued: Bids Received: Price Analysis: Award Basis: Funding The gas meter valves will be purchased and used by the Gas Department to control the flow of gas at the meter. The option to extend the previous contract was not exercised due to the vendor's inability to maintain pricing, therefore requiring the City to issue new bid invitations. Fifteen Four Pricing has increased approximately 32% since the last contract of December 2005. According to vendor, the increase is due to the rising cost in material and shipping. Low Total Bid Mueller Co. Decatur, IL and HD Supply Waterworks, Corpus Christi, TX submitted lower bids for line item 3. However, the price difference does not warrant awarding and administering separate contracts. Gas Department 520160- 4130 -34130 Mic : ' a • rrera Assistant Director of Financial Services FY 2006 -2007 $26,055 /0- g z o_ - oE Z0_ 0_ ( rt u k§ § § k ) CO 0 co co csa o) 0 $ E\ $ % cri n co ° k k - (0 - o la co co c ^ \ 0 CO o - ° j _ f \ ` O Lo 6 P CV a } { \ \ \ La 0 L n / 0 _ CO 0 k (0 < k o § £ ro 0 \ ti iii oa G §a LU Z§ kri Csi § I- rt 0 2 q 0 0 LU j-' X0 22 \0 1" INLET X 1" OUTLET CNI 1 112" INLET X 1 1/2" OUTLET administering separate contracts. 3 Requested Council Action: 4/17/07 Alternate Council Date: 4/24/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of two (2) tractors and one (1) heavy duty rotary weed cutter from Coastal Plains Equipment Company, Corpus Christi, Texas in accordance with Bid Invitation No. BI- 0132 -07, based on low bid, for a total amount of $84,400. These items are purchased for the Park and Recreation Department and Storm Water Department. All items are replacements to the fleet. Funds are available in the Capital Outlay budget of the Maintenance Services Fund. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose Bid Invitations Issued Bids Received: Basis of Award: Funding: One tractor and the heavy duty rotary weed cutter are purchased for the Storm Water Department. It will be used in the mowing operations program of the department for maintaining storm water ditches and right of ways. The remaining tractor is being purchased for Park Maintenance to now parks throughout the City. 4 Low Bid Maintenance Services Fund 550020 -5 110 -40120 Capital Outlay Line Item Nos. 46, 47 and 98 Michael _, arrera Assistant Director of Financial Services $ 84,400 F- (1) w O 0 co Q 0_ • 0 cr 0¢ 8 ? ,Qo 0 O 0 a 0 N M O W 00 z Z 0 • W OQ Q CC 0 O _ o W Nueces Farm Center 0 w Zw U CO F a. c w 0 0 aIW cc E 8 N EA0) rn cc EA 8 3 0 rn N- 0 wW • m W V t re • c o y W ID 3 Gulf Tractors 8 8 wW XZU = X 69 inW .` L 8 0 U co in Ili --0 N o D a M 6s w n. w U_ 8 0) ft oo, °o 0 g N 0 0 cNi Z 0 DESCRIPTION z t v w N Total award 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/17/07 AGENDA !TM: A. Moon authorizing the City Manager or his designee to accept grant funding in the amount of $25,000 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. B. Ordnance appropriating $$25,000 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Federal/State Grants Fund; and dedaring an emergency. ISSUE Because the state of Texas leads the nation in traffic fatalities and seasonal problems in Texas regarding safety belt use are evident, Federal Highway Safety Funds are available to conductt overtime enforcement to increase seat belt use. BACKGROUND: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CLOT) where the Police Department will conduct a two-week occupt protection enforcement effort during the Memorial Day Holiday, May 21 — June 3, 2007. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. Two teams of four officers each will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 1,600 safety belt citations and 100 child safety seat citations and in tum increasing safety belt use among drivers and fret seat passengers. During the June 2006 CIOY campaign, the State safety belt use average was 90.5 percent with the City of Corpus Christi ranked first in the state at 93.5 percent. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. PREVIOUS COUNCIL ACTION: Approval of four previous CIOT grants during FY 2002, 2003, 2004, 2005, and 2006. FUNDING: Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salary/retirement and mileage. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. Attaelkments: TXDOT Contract Bryan P. Smith Chief of Police — For TxDOT Use Only — Federal Pass Through Misc. Contract Number: Grant Funds ('FDA #20.609 Charge Number: L. State Grant Funds Project Year: N/A PIN (14 characters only): TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department, and City of Corpus 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): j State Agency Unit of Local Government 7 Other (describe): Non - Profit Organization E Educational Institution AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Plan for the following Fiscal Year(s) 2007. Project Title: STEP - CIOT Brief Project Description: To increase occupant restraint use in all passenger vehicles and trucks by conducting an intense occupant protection enforcement and public information and education effort durtg the Memorial Day Holiday period. Grant Period: The Grant becomes effective on May 1, 2007, or on the date of final signature of both parties. whichever is later. and ends on June 30, 2007 unless terminated or otherwise modified. Maximum Amount Eligible for Reimbursement: $25,000. The following attachments are incorporated as indicated as a part of the Grant Agreement: • Attachment A, Mailing Addresses • Attachment B, General Terms and Conditions (TxDOT Form 1854) • Attachment C, Project Description (TxDOT Form 2076) • Attachment D, Action Plan ( TxDOT Form 1852) • Attachment E, Project Budget ( TxDOT Form 2077 or 2077 -LE) Attachment F. Operational Plan (TxDOT Form 2109) (for Selective Traffic Enforcement Program grants only) Page 1 of 1 TxDOT Form 2075 -CIOT (rev. 3/13/2007) Project Title. STEP CIOT TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The siglatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization. At the time the signatory for the Subgrantee signs the Grant Agreement, she/he will sign and submit to the Department a letter designating signature authority by position title for grant- related documents other than the Grant Agreement or Grant Agreement amendments. These other grant- related documents will include, but not be limited to, the following: performance reports, final performance report and administrative evaluation report, Requests For Reimbursement (RFRs), and routine correspondence. THE SUBGRANTEE THE STATE OF TEXAS City of corpus Christi Legal Name of Agency] By 1 Authorized Signature] George jC. Noe 'dame City Meaager !Title] Date: Under authority of Ordinance or Resolution Number (for local governments): Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission. By I)ate: By District Engineer Texas Department of Transportation (For local project grants under $100,000 or for grants of $100,000 or more that are recommended for approval.) I)ate: Page 2of2 Director, Traffic Operations Division Texas Department of Transportation (Not required for local project grants under $ 100,000.) TxDOT Form 2075 -CLOT (rev. 3/13/2007) Attachment IN cu a H cn 1— 0 as 0 MIN 0 2 ti LL X al CA pS A U • June 11 —15, 2007 CA h June 4 10, 2007 Enforcement Period May 21 — June 3, 2007 N N N May 7 — 13, 2007 tion of Activities t6 O h O O a) cz I.: 2 W p Q, c E N R3 O 4) i. a) a) E t O O CI ,9).-v, Q ELI y 's .. 3 0 cn . c,_, •x a) > Q g O b . > o Et: t g v JjjI 0tt Q >,�?O � a� c' cl 3 U 6 w >, 0 a45 ) s~ •'" cis O 0 bQ U u, U 0 = w >, ;) c = > as te, p ca C 3 O = U O ti t C� E r5 75 O s: a) ' y .!--2. r p o o rY o E� o , vi. O b y 0 C a) G a) > y bA p ai i dG .0 ..fir aa E 0 v tke .01.1 cLe i! JZ eig o +, at must occur ai L 0 1-. U O 0) U U el at E cts cid CG L • 4 +1w cn .O O *1 a) tU. a> 'CI g. U „ >l 3 T v • 'o cu F, U a, J, ...i C ; O C .— x o = 0. v E- : .a, • W = ^0 O �, to = rr. y CZ t = = >> o t c ,- tit v Q o a a, 'ei • o¢ o co O E U..,oCZ .c o'""t a .� a o cn o c `� • Q c 3 = . � • vc E 1 E o a • 4) Q - C a'U . , R. 0 sn •p ,7 • ^d E- •+ • U O O • C v OU - U 0. U Z ORDINANCE APPROPRIATING $25,000 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FUNDING OF THE CLICK IT OR TICKET (CIOT) SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) WITHIN THE POLICE DEPARTMENT IN THE NO. 1061 POLICE (RANTS FUNO; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $25,000 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department. SECTION 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 on this the 17th of April, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form /..err I I , 2007 l' Joseph H6mey Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Coypus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordnance to be considered and voted upon at two regular meetings. Therefore, I/we regluest that you suspend said Charter rule and finally pass this ordinance on the date of As introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi 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 Noyoia Marc Scott 5 AGENDA MEMORANDUM AGENDA ITEM: April 17, 2007 a. Motion approving the Writer Arterial Transmission and Grid Main Construction and Reimbursement kgespient submitted by Fence Lake Investments., Lid. owner and developer of Hill Country Estates, located east of MdGnzie Road (FM 3386) and north of Kingsbury Drive for the installation of 636 linear feet of a 12 -inch PVC water grid main; and b. O appropriating $43,450.43 from the Water Arterial Transmission & Grid Main Trust Fund No. 54x4 21805 -4030 to pay the Fence Lake Investments, Ltd., reimbursement request for the instalkion of 636 linear feet of a 12 -inch PVC water grid main to develop Hill Country Estates; and declaring an emergency. ISSUE:Fence Lake investments, Ltd., owner and Developer of Hill Country Estates, will start the installation of 636 linear feet cf 12 -inch PVC water grid main, once the City Council approves the Arterial Transmission and Grid Min Con *uction and Reimbursement Agreement and appropriates funds to pay for the installation from the Misr Modal Transmission and Grid Main Trust Fund in compliance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Attachments: eihibit A B ibit C EOM D Eghtlit E Elidbit F Deborah A. Marroquin, P.E. Interim Director of Development Services Background Information Location Map Grid WatedIne Reimbursement Exhibit Application for Watertine Reimbursement Cost Estimate Transmission and Grid Main Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Hill Country Estates ( Exhibit B) rewired an extension or 636 linear feet of 12 -inch PVC water grid main along the east side of McKinzie Road (FM 3386). The proposed 12 -inch water grid main begins at the existing 12 4nch water line previously installed by others on Kingsbury Drive and extends north along the east side of McKinzie Road for approximately 636 linear feet (Exhibit C). The 12 -inch PVC water grid main is required by the City's 1997 Water Distribution System Master Plan and is eligible for reimbursement as a water grid main in accordance with the Platting Ordinance. The developer submitted an Arterial Transmission and Grid Main Construction and Reimbursement Agreement (see Exhibit F) and supporting documentation in compliance with provisions of the Platting Ordinance. The Application for Water Line Reimbursement and supporting cost documentation is attached (see Exhibits D and E). The total construction cost submitted by the developer for the installation of 636 linear feet of 12 -inch PVC water grid main is $43,450.43 (Exhibit E). Reimbursement is payable upon completion and acceptance of the water grid main work with the actual reimbursement determined by the actual cost of construction not to exceed $43.450.43. Exhibit A Page 1 of 1 LOCATION MAP 1 - 200' APPROX. BASS AND1 ANSINEERING CORPUS COMP. No. W JOB N0: SCALE: AS SHEET PLOT 1* xxy PLOT DAT4,0 101 1X13 HILL COUNTRY ESTATES WATER UNE REIMBURSEMENT CORPUS CHRISTI, TX Exhibit B Page 1 of 1 APPLICATION FOR WATER LIME REIMBURSEMENT We, Fence Lake Investments, W., owners and developers of proposed Hill Country Estates Subdhision, hereby Inquest reimbursement of $43.450.43 for the installation of the water grid main in conjunction with it Co Subdivision, as provided for by City Ordinance No.17092. Said $43.450.43 is the construction cost, • ng 7.5 % Engineering, in excess of the lot/acreage as shown by the cost of supporting documents attached herewith. / Tracy Long, Pje ldent t/- S'- O 7 Date THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on 1 . v 1200 by Tracy Long, President of Catamaran Management, L.L.C., managing rtner of Fence Lake Investments, Ltd. SI/V_ _MC 116 Note CERTIFIC TIQN Pubic in and for Nueces T ArviVV"y BRENDA I. MENARD + ;. . Notary Public, State of Texas My Commission Expires ... ; July 24, 2010 The information submisd with this application for reimbursem '. = en r , a to be correct Reimbursement is subject to: (a) sufficiency of funds in the (Distribution main)(Grid and Arterial Main) Trust Fund, and (b) appropriation and approval by the City Council. ii t Gy L� �i -LVrs 'LLr \J-. Development Services Engineer (Date) Exhibit D Page 1 of 1 PRELIMINARY COST ESTIMATE 12" GRID WATER MAIN EXTENSION Exhibit E $ A E$ e'c $ Ei 3 g ell V " _40, q q fa 1 i 88888 41111F , SUN - TOTALI 7.5% ENGINEERING! r WATER GRID MAIN CONSTRUCTION' - , -,1 - , a _ .- .- .„.... i ,. 1 c., 112" Tapping Saddle and 12" Tapping Gate Valve di Z I , t , ,,,i...,. .4., Exhibit E ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Arterial Transmission and Grid Main Construction and Reimbursement Agreement (" Agreement") is entered into by and between the City of Corpus Christi, a Texas home - rule Municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, (hereafter "City "), and Fence Lake Investments, Ltd., a Texas limited partnership, P.O. Box 56, Corpus Christi, Texas 78403, (hereinafter "Developer"). WHEREAS, Developer, in compliance with the City Platting Ordinance, filed a plat to develop a tract of land of approximately 7.416 acres called Hill Country Estates, located on the east side of McKinzie Road, as shown in the attached Exhibit 1, which plat was approved by the Planning Commission on January 24, 2007; WHEREAS, the City's Water Distribution Master Plan, 1997, requires the construction of a 12-inch PVC arterial transmission grid main in order for Hill Country Estates, to have water service; WHEREAS, Developer, will soon be commencing construction on infrastructure and relateld site improvements in accordance with City approved construction plans and speciations: WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a 12 -inch PVC arterial transmission and grid main; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a 12 -inch PVC arterial transmission and grid main: WHEREAS, it is essential that the 12 -inch PVC arterial transmission and grid main be constucted along McKinzie Road in connection with Hill Country Estates to serve this area. In the future, this main will extend to the existing 12" water main on McKinzie Road near Pioneer Drive and complete the water grid in the area. WHEREAS, it is in to the best interest of the City and the Developer for the new 12 -inch PVC arterial transmission and grid main be constructed at this time, along with Developer's project, to serve the area specified in the Water Distribution Master Plan, 1997; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Exhibit F I 1 of 6 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch PVC arterial transmission and grid main needed 1br Hill Country Estates in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the 12 -inch PVC arterial transmission and grid main, as shown in Exhibit 2, with the following basic design: (1) Install 636 linear feet of 12 -inch PVC transmission/grid main. (2) Install 1 (one) 12 -inch Tapping Saddle and 12 -inch Tapping gate Valve (3) Install 1 (one) 12" X 6 " Tee (4) Install 1 (one) 12 -inch Cap Tapped for 2-inch (5) Install 1 (one) Gate Valve with Box The transmission/grid main will be constructed along the east side of McKinzie Road (FM 3386). The proposed 12 -inch water grid main begins at the existing 12 -inch water line previously installed by others on Kingsbury Drive and extends north along the east side of McIGnzie Road. b. The plans aid specifications shall comply with City Standard Water Detail Sheets and Standard Specifications. c. Before the Developer begins construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prier to construction of the 12 -inch PVC arterial transmission and grid main, the Developer shall acquire and dedicate to the City the required utility easement or right-of- way for the insulation of the 12 -inch PVC arterial transmission and grid main. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees as required by the Platting Ordinance. 5. QEV OPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shay award a centred and complete the 12 -inch arterial transmission and grid main, in accordance with the approved plans and specifications, by April 17, 2008. 6. TIME IS OF THE ESSENCE. 2of6 Time is of the essence in the performance of this contract. 7. DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10th calendar day after the date of approval by City Council. Developer's professional engineer fails to submit the construction plans and specifications to the City's Development Services Engineer by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. e Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before April 17, 2008. In the event of default. the City shall have all its common law remedies in addition to the following: a. Cancellation of this reimbursement agreement without notice or cure. b. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. TIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and sitecifioetions for the construction of the project, contracts for testing services, and with the contractor for the construction of the project shall provide that the City shall be a third party beneficiary of each contract. 9. PRF(MANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before begin ing the work, to execute to Developer and the City a performance bond if the contr ict is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond shall comply with Texas Government Code, Chapter 2253 and shall be in the form and substance as attached hereto. 10. NOTICE. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform such obligation or duty, and should Developer fail to perform the required obligation or duty 3 of 6 within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer. Developer will pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such performance. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the alternative, in the event of Developer's failure to are any such breach after notice, the City may terminate this agreement. The provision for notice and cure contained herein shall not apply to a default under paragraph 7 hereinabove. 11. WARRANTY. Developer shall fully warrant the workmanship of and function of the 12 -inch PVC artariel transmission and grid main and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer 12. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 12 -inch PVC arterial transmission and grid main, upon satisfactory completion and testing in compliance with approved plans and specifications, and final acceptance not to exceed $43,450.43. See Cod Estimate attached hereto as Exhibit 3. b. The City will reimburse the Developer for expenses incurred for the preparation of ply and specifications for the 12-inch PVC arterial transmission and grid main by the professionsi engineer hired by the Developer. However, the expenses may not exceed 7.5'1 of the costs of construction of the 12 -inch water grid main. 13. INDIIIISAIW1CATION. Developer shall indemnify and hold harmless the City, its Slicers, and employees from all suits, actions, or claims and from all M e hr far any and all Injuries or damages sustained by any , l wft*ut ie Cation wgs co mpansation, personal injury or death, arising or Widest to this 12 -inch PVC arterial transmission and grid main construction. 14. This agreement is a covenant running with the land, Hill Country Estates, a subdvisian in Nueces County, Texas, and shall be recorded in the Official Public Recrds of Nueces County, Texas. 15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 4 16. EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and essicets from and after the date of execution. EXECUTE IN DUPLICATE originals, this day of , 2007. 4of6 ATTEST: CITY OF CORPUS CHRISTI By: Armanio Chispa, City Secretary George K Noe, City Manager APPROVED: I day of J�4 ,,,,, 4, , 2007 By: �. a5\ la,- Assistant City Attorney For he City Attorney THE STATE OF TEXAS COUtOY OF NUECES This it trumr nt was acknowledged before me on , 2007, by Georg, K Vie, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Pubic, State of Texas 5 of 6 DEVELOPER: Fence Lake Investment, Ltd., through its managing partner, Catamaran Management, L.L.C. By: racy Long, Pra,d6nt P. O. Box •5 Corpus Christi, Texas 78403 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ■ ` F , 2007, by Tray Lapp, President of Catamaran Management, L.L.C., managing partner of Fence Lame Investments, Ltd. BRENDA L MENARD Notary Public, State of Texas My Commission Expires July 24, 2010 6of6 JESSE JAYE DR. ROBBY DRIVE 1" = 500' APPROX. PROP. 636 U" 12" PVC WTR UNE CL ROBBY DR. BASS AND ENGINEERING CORPUS CH . TX CAMP. NO. -WTR JOB NO: 061 SCALE: AS PLOT SCALE: '1" = 500' PLOT DATE: OS/ 13/07 SHEET 1 OF I HILL COUNTRY ESTATES WATER UNE REIMBURSEMENT CORPUS CHRISTI, TX i t 85888 el S g M Q " N $ 43,450.43 I UNIT PRICE I rpp 8 �aa0$�F� p 8 1) p 8 p °� 8 p 8 SUB - TOTAL Q i W i 2 W at we TOTAL WATER GRID MAIN CONSTRUCTION' k LF I 6 6 6 6 J QUANTITY X r 1 r e- ITEM I DESCRIPTION t ITEMS - A 12" Tapping Saddle and 12" Tapping Gate Valve s m x iv 112" Cap Tapped for 2" 12" Gate Valve with Box r N ri 4 N CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA" FIRM NAME -�evt t-2 4t 4 ue 5.7/14.44.,A T J - STREET: y/ ? 6_,// CI Y: ls�Gu s C� u'i ZIP: --7S29 FIRM is: 1 Corporation 2 Partnership 3. Sole Owner 4. Association 5. Other ( F k I� DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. Ste the names of each "employee" of the City of Corpus Christi having an "ownership interest" coAStiiuWug 3% or more of the ownership in the above named "firm ". Name Job Title and City Department Of known) /V ° 2. We the names of each "official" of the City of Corpus Christi having an "ownership interest" coat 3% or more of the ownership in the above named "firm ". Name The 3. the owes of each "board member" of the City of Corpus Christi having an "ownership !reforest" 3% or more tithe ownership in the above named "fine ". Nafhe Board, Commission or Committee we 4. Si the Irk of each employee or oNcsr of a *consultant" for the City of Corpus Christi who worked on any mfr related to the subject of this contract and has an "ownership interest" constituting 3% or malls of tine ownership in the above manned "Ann ". Name Consultant CERTIFICATE I tltl Alf infonnaPon provided S true and dIsdraiure of any information requested; the " Christi, Texan as changes occur Certifying Person: —y`` c `7 ° `` j (Type or Print) Signature of Certifying Person:l /'' . correct as of the date of this statement, that I have not knowingly and that supplemental statements win be promptly submitted to .mot �� 72 Title: r `may I t7 Date: a. b. c. d. e. 'Board lifjem, Corpus hristii,, T notE�es�ind DEFINITIONS A member of any board, commission or committee appointed by the City Council of the City of etas. employed by the City of Corpus Christi, Texas, either on a full or part time basis, but contractor. 'From'. My y opt for economic gain, whether 1, industrial or commercial and whether to or deal rib a product or service, i np but not limited to, entitles operated in the form joint stock company, joint venture, °r ceiv ; ip or mat and entities swwh for pon, are corporation, non -profit organizations. Managers, The and Division Heads and Municipal Court Judges Hof Corpus Christi, Texas. City 'Ownernr ip info reM': or equitable interest, whether or constructively held, in a firm, including when rich art rest is held through an agent, trust, estate or ho entity. 'Constructively held" refers to holding or carol established through voting trusts, proxies or special terms of venture or partnership age. °Consu nt°. My person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose~ of professional consultation and recommendation. r Exhibit 4 Page 2 of 2 Page 1 of 2 AN ORDINANCE APPROPRIATING $43,450.43 FROM THE WATER ARTERIAL TRANSMISSION & GRID MAIN TRUST FUND NO. 540450 - 21805 -4030 TO PAY THE FENCE LAKE INVESTMENTS, LTD., REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 636 LINEAR FEET OF A 12- INCH PVC WATER GRID MAIN TO DEVELOP HILL COUNTRY ESTATES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $43,450.43 is appropriated from the Water Arterial Transmission & Grid Main Trust Fund No. 540450 - 21805 -4030 to pay Fence Lake Investments, Ltd., for the installation of 636 linear feet of a 12 -inch PVC water grid main to develop Hill Country Estates, located east of McKinzie Road (FM3386) and north of Kingsbury Drive (Exhibit) SECTION 2. 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 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 17th of April, 2007. ATTEST: Armando Chapa City Secretary PPPROVED as to form: April 11, 2007 Ord W. Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor 14: \LEG -DI R\ Shared \GaryS\agenda\200714 -17\ Ord- AppropFenceLakeHillCountryEstates- water. doc Page 2 of 2 Corpus Christi, Texas Day of , 2007 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 Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H \ LEG -DIR \Shared \GaryS \agenda1200714 -17\ Ord- AppropFenceLakeHillCountryEstates- water.doc rn 2 30HS3SNOH (70 t- 140(142 ZE� N 3 6� ROBBY DRIVE .8a 13)SVa GGED USN LN' 'o JESSE JAYE DR. YEAGER DR. AREA MAP 1" = SO0' APPROX. r D 2 z E2'ISWTRG ( k 33g6, :5, N IER� St1 , EXiNG P 1Si AR PROP. 636 LF 12" PVC WTR LINE "SITE" HILL COUNTRY ESTATE CL ROBBY DR. LOCATION MAP 1 = 200' APPROX. , 8' PEl-1KS AND iMELSH ENGINEERING CHRISTI, TX . NO. EXB -WTR JI NO: 00100 AS SHOWN P .' SCALE: 1- = 500' DATE: 03/13/07 1 Oi 1 HILL COUNTRY ESTATES WATER LINE REIMBURSEMENT CORPUS CHRISTI, TX FIGURE 1 1 ° .0114 -012 -01 Rt.- T M C7 H w 6 AGENDA MEMORANDUM AGENDA ITEM: April 17, 2007 Motion authorizing the City Manager to execute a Deferment Agreement with Landmark Valley Homes, Inc. (Developer), in the amount $116,754.00 for the construction of public concrete sidewalks along Richter Street, Candace Street, San Javier Street, Ryland Street, Santa Olivia Street, Santa Ana Street, Santa Sofia Street, and Santa Lucia Street within Vista Hermosa Subdivision Phase 1, located north of Holly Road and west of Kostoryz Road, in accordance with the Platting Ordinance section V- Required Improvements, Subsection A. 3 b). ISSUE: Landmark Valley Homes, Inc., developer of Vista Hermosa Subdivision Phase 1, submitted deferment agreement documentation to defer construction of public concrete sidewalk improvements required of Vista Hermosa Subdivision Phase 1 in accordance with the platting Ordinance, Section V- Required Improvements, Subsection A. 3. b). REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a deferment agreement with Landmark Valley Homes, Inc., (Developer). CON*ITION: Developer must post a letter of credit or equally liquid negotiable security with the City in theamount of 110% of the cost of the improvements, and comply with all other requirements of the Deferment Agreement RECOMMENDATION: Staff recommends approval of the motion as presented. • Lebo= h A. Marroquin, P Interim Director of Development Se es Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Vicinity Map Sidewalk Improvement Deferment Vista Hermosa Phase 1 Cost Estimate Copy of Letter of Credit Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development time schedule and the platting of Vista Hermosa Subdivision Phase 1 (Exhibit B) requires the developer to construct street improvements consisting of Richter Street, Candace Street, San Javier Street, Ryland Street, Santa Olivia Street, Santa Ana Street, Santa Sofia Street, and Santa Lucia Street. The improvements include the construction of street pavement, curb, gutter, sidewalks, underground drainage, water, and wastewater lines. The Developer seeks to defer construction of sidewalks along Richter Street, Candace Street, San Javier Street, Ryland Street, Santa Olivia Street, Santa Ana Street, Santa Sofia Street, and Santa Lucia Street (Exhibit C). All the public improvements, except the sidewalks, are under construction. The Deferment Agreement allows the Developer to construct sidewalks as Building Permits are issued and residential construction takes place. The Developer expressed concern that sidewalks may be damaged by concrete trucks and other heavy equipment during the residential construction phase and requests deferment of sidewalk construction for one year. The Developer seeks acceptance for all other public improvements within the subdivision to record the plat. The Planning Commission, at its March 21, 2007 meeting, recommended execution of the Deferment Agreement and found reasonable cause to delay the required public improvements to expedite the recordation of the plat by the Developer's time schedule. The Developer agreed to deposit $116,754.00 in the form of a Letter of Credit (Exhibit E). This amount is 110% of the estimated cost of constructing the required improvements, (Exhibit D) in compliance with the Platting Ordinance Section V- Required Improvements, Subsection A. 3 b). A deferment agreement, (Exhibit F) between the City of Corpus Christi and Landmark Valley Homes, Inc. allows the Developer to defer construction of the required improvements for a period of up to one year from the date the deferment agreement is approved by Council provided each lot in the subdivision has operable water and wastewater service. The deferment of improvements allows the Developer to expedite plat recordation and obtain building permits to develop Vista Hermosa Subdivision Phase 1. Exhibit A VISTA HERMOSA SUBDIVISION CORPUS CHRISTI, TEXAS VICINITY MAP Exhibit B • Page 1 of 1 i. 0 7 1 BLOCK 2 SOUII LAND ESTATES (TOR. 19 eC, * 1131.14.) 9 21 ORACEIA ORIME E S P E R A N Z A Na a. Pt 15 14 13 19 II 17 19 i 9 7 1 ESTATES 1 13 2 14 3 15 4 19 3 5 17 SANTA SOMA STREET 9 r 7 • s 25 SANTA LUCIA STREET 2 1 9 21 10 11 z3 12 24 1 O x- 1722.77' 11 10 2 23 24 S62'0410 -E -1 I- N6204'10.9- 1017.37' 9 PORTION OF CALLED 37397 AC. TIE MO MARIA EIE N ZA *MOCt UMW 'TRUST mo . .11100501410 0.2.1.04 APPROXIMATE ---- =ET OF PROPOSED • 7 9 5 4 2 4 3 7 13 7 a 19 1 2 3 5 2 7 13 14 15 17 2'O4'1 • 19 00' 1111--P'441c2,;_. '191/11111111 3 2 10 ai A 1— 2 N73'07'031 = S1725't5*E _ 21.33' 21.46' HOLLY ROAD ��[[ LN62"01'01.9 90.22' L 1.4auevelopinam Cmmum. wiees,us GUI Una Or ma *Woe.>ti. -11272 t` 056467 -1MD / 'K & 4244E07 SIDEWALK IMPROVEMENT DEFERMENT VISTA HERMOSA SUBDIVISION PHASE I Exhibit C Page 1 of 1 Cost Estimate Sidewalk-Improvements Vista Hell iosl4 Subdivision - Phase I Corpus Chilli, Taos March 7 2007 Owner : Landmark Valley Homes Developer : LDCS Engineer . ER Engineering Contractor : King Isles Construction Item; Quantey Unit Unit Cost Total Cost 4` Conc. Sidewalk 35380 SF $ 3.00 $ 106,140.00 10% Contingency $ 10,614.00 Total (110 %!f construction cost) $ 116,754.00 Letter of Credit Amount = $116,754.00 3/7/2007 Notes: 1 All deferred sidewalks shall be constructed at homebulding stage (see attached cover letter). 2. All ADA a*essib l ramps shall be constructed as part of the subdivision development. Exhibit D Page 1 of 1 IeuerofC redit No. 2007 -6 -S Date March 20, 200 BENEFICIARY City of Corpus Christi P.C) Box 9277 Corpus Christi, Texas 78469 -927 Attn: Asst Dir of Development Services AMOUN"I $116,754.00 C U STOMER: Landmark Valley Homes, Inc. 100 Savannah Ste 540 McAllen. TX 78503 Attn Adriana Petrides I VA/1 0 6 2007 i 6 •Cf,EVr._LOr 1EN.IT 7t :^,'J;CES C ` SP =CL .L SERVICES EXPIRATION: March 20, 2008 Gentlemen We hereby establish our irrevocable letter of credit ( "Irrevocable Letter of Credit ") in favor of the City of Corpus Christi ( "Beneficiary ") for the account of Landmark Valley Homes, Inc., acting by and through Adriana Petrides, its Executive Vice President ( "Customer "), authorizing Beneficiary to draw on INTER NATIONAL BANK, McAllen, Texas ( "Issuer ") the amount of One Hundred Sixteen Thousand Seven Hundred Fifty Four and no /100 Dollars ($1 16,754.00), under Beneficiary's draft bearing the clause "Drawn under Inter National Bank, Irrevocable Letter of Credit No. 2007 -6 -S, dated March 20, 2007" and accompanied by all of the following documents ( "Documents "): ! > The original of this Letter of Credit; and The sworn affidavit of the City of Corpus Christi's, City Manager, or his designee, stating the authority of the affiant to make the affidavit on behalf of Beneficiary and further stating as follows: "That Landmark Valley Homes, Inc., has not installed the required improvements or vacated the plat of Vista Hermosa Subdivision Phase I as required by its Deferral Agreement with the City of Corpus Christi within the time period allowed," This Irrevocable Letter of Credit guarantees the obligations of the Customer to the Beneficiary as provided in the Deferral Agreement. Partial drawings are not permitted under this Irrevocable Letter of Credit. This Irrevocable Letter of t_'redit is not transferable. Issuer hereby agrees with Beneficiary that upon presentment on or before 5 o'clock p.m., Corpus Christi, Texas, local time no later than March 20, 2008, that drafts drawn under and in compliance with the terms of this Irrevocable Letter of Credit, Issuer will duly honor this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is guaranteed for one year from date of issuance, it must be automatically extended for additional periods of one year, and at one year intervals thereafter, until Expiration Date, unless, at least 90 days prior to Expiration Date, Beneficiary's City Manager noes Issuer in writing by Certified Mail at the above address that Beneficiary has elected not to rentew. Issuer shall send notice of the automatic extension to the City's Assistant Di L t. C- LANDMAR K If N T R NA7 ONAL BAr velop.sent Services /Special Services thirty (30) days prior to expiration of the then current revocable Letter of Credit. Failure to receive the automatic extension or a substitute Irrevocable etter of Credit 30 days prior to expiration of the then current Irrevocable Letter of Credit onstitutes a default upon which the then current Irrevocable Letter of Credit may be called in its entirety, even though not stated above as a specific event of default. This Irrevocable Letter of Credit sets forth in full the terms of our undertaking and such undertaking must not in any way be modified. amended, or amplified by reference to any document, instrument or agreement referred to herein or in which this Irrevocable Letter of Credit is referred to or to which this irrevocable Letter of Credit relates, and any such reference is not deemed to incorporate herein by reference any document. instrument, or agreement Issuer is not a party to, or bound by the terms of any agreement between Beneficiary and Customer. Furthermore, Issuer shall honor this Letter of Credit v ithout inquiring into the truth of the statements made in the sworn affidavit of Beneficiary which statements will be considered by Issuer to be determinative. conclusive and final. Ibis Irrevocable Letter of Credit will be governed by the provisions of the Uniform Customs and practice for Documentary Credits (1994) Revision, International Chamber of Commerce Publication No. 500 to the extent not inconsistent with the laws of the State of Texas and more particularly with the provisions of Chapter 5 of the Texas Business and Commerce Code currently in effect. Sincw\ely Inter National B>}�ik Nalee: Robby lymel Title: Executivd Vice President Approved as to form: ( ity Att0rney City of Corpus Christi By: Smith Assistant City Attorne' 42..4 0 Cindy O' en Director of Finance t LOC- LANDMARK me: Adriana Petrides Title: Executive Vice President/ Finance V TER J 'ATIOt- AL BANK STATE OF TEXAS COUNTY OF NUECES § § DEFERMENT AGREEMENT This Agreement is entered into between the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City ") and Landmark Valley Homes, Inc., a Texas corporation, (hereinafter "Developer "), and pertains to deferral of the required completion of certain improvements required prior to filing the final plat of Vista Hermosa Subdivision Phase I (the "plat), which was approved by the Planning Commission on February 13. 2007 A copy of the preliminary plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy -five percent (75 %) of the required improvements, before the final plat is endorsed by the Development Services Engineer. Detail construction drawings must be provided by the Developer and approved by the City s Departments of Development Services prior to the start of construction; WHEREAS, the Developer is seeking to defer, for a period up to one year, the construction of the sidewalk improvements (hereinafter the "deferred improvements "), as shown in Exhibit 2, as required by the City's Platting Ordinance; WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy -five percent (75 %) of the required improvements as required by Section Ill, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, the Developer will deposit, with the City of Corpus Christi, a letter of credit, drawn on a bank with offices in the State of Texas, in the amount of One Hundred Sixteen Thousand Seven Hundred Fifty Four Dollars and 00/100 ($116,754.00), representing 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; VVHEREAS, the City Attorney and Director of Finance have approved this transaction; VMHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; WHEREAS, the Developer is entering into this Deferment Agreement as required by Section V, Paragraph A, Subparagraph 3 b) of the Platting Ordinance; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer aSree as follows: Page 1 of 5 Exhibit F 1 Upon Developer's 75% completion of operable water and wastewater to serve each lot within the development, the City shall waive the requirement that construction of the deferred improvements be completed before the final plat is endorsed by the City's Development Services Engineer and filed for record with the County Clerk of Nueces County and further agrees to allow the Developer to defer construction of the deferred improvements as shown in Exhibit 2, for up to one (1) year from the date of this Deferment Agreement. The Developer shall deposit, with the City of Corpus Christi, a letter of credit, drawn on a bank with offices in the State of Texas, in the amount of One Hundred Sixteen Thousand Seven Hundred Fifty Four Dollars and 00/100 ($116,754.00) as shown in Exhibit 4, before the Agreement is approved by Council, for 110% of the estimated cost of constructing the deferred improvements. The Developer shall construct the deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. Upon completion of the deferred improvements within one (1) year from the date of this Agreement, or later time as may be mutually agreed upon, in writing, by both parties, and upon acceptance of the deferred improvements by the City Engineer and upon compliance by the Developer with the remaining terms of the Deferment Agreement, the Development Services Engineer shall: a. Immediately release Developer from the obligations to construct the deferred improvements by mailing a Release Letter to: Landmark Valley Homes, Inc. 3054 Holly Road Corpus Christi, TX 78415 b Return to the Developer within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, any balance remaining of all monies received by the City from the Developer. including any interest earned. If the deferred improvements have not been completed within one (1) year from the date of this Agreement, or if the Developer fails to deposit any increased security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 7 below, the City will call the letter of credit and transfer the money received. including any interest earned, to the appropriate City fund and the City may begin completion of the construction of the deferred improvements with any monies received from the Developer, both principal and interest, remaining after completion of construction being refunded by the City to the Developer. If City constructs all or any part of the required improvements, the Developer shall reimburse the City for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate to complete Page 2 of 5 deferred improvements within thirty (30) days after City completes the required improvements and bills the Developer. 6. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the deferred improvements, any money received by the City from the Developer remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. If Developer defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will send the Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after receipt of the notice and opportunity to cure, the City Engineer may transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to the Developer, within sixty (60) days of the completion of construction of the water, wastewater, paving, and drainage public improvements and settlement of construction contracts. 8. The City reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed and accepted by the Director of Engineering Services Department. 9. The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. The Developer covenants to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 11. The City's Development Services Engineer, at Developer's expense, shall file of record this Deferment Agreement in the real property records of Nueces County. 12. No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. 13. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the signature of the party. Any party may, by notice to the other in accord Page 3 of 5 with the provisions of this paragraph, specify a different address or addressee for notice purposes. 14. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County. Texas, and all lawsuits pursuant hereto shall be brought in Nueces County 15. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 5. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. triplicate this p � � EXECUTED in tri day of Met4rCA , 2007. Landmark Valley Homes, Inc. 3054 Holly Road Corpus Christi, TX 78415 THE STATE OF Texas § COUNTY OF jL40('1.5 § By: John . Guidot, Exec ive Vice President This instrument was acknowledged before me on Ma 0014 15 , 2007, by John M. Guidot, Executive Vice President of Landmark Valley Homes, Inc. Public, State of Texa Page 4 of 6 CITY OF CORPUS CHRISTI ( "City ") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361) 880 -3501 ATTEST: By: By: Armando Chapa George K. Noe City Secretary City Manager APPROVED AS TO FORM: This do? " - day of f714,rch ‘it GS W(mith, Assistant City Attorney For the City Attorney , 2007. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2007, 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 5 of 5 1 ..lAy4lOrt 1 7 . )COLle 1.- 1 ' aVettt,. /31n011000Ze I L NW vi w • it'll& 11111tLied-,111114,434 -r r ; • (•••••11...D• 191-.■ *F.-M 3 a - - I • :1 t LOT 1 !LOCK 2 SOUTN LAND ESTATES ML 10.100. W. NAN.c.) a 7 11 L w 22 21 =AMA OWE E PERAN A TATES Mc a. Pt 7 12 14 15 SANTA ANA STREET SANTA SOFIA STREET 3 2 2 3 a 7 5 7 nor0eufw-1017.37 MIN RAMON CIF CALLED 57.197 AC. AC NO MS MA UPIMNA NEVOCIPME um MET 000. pwwwww. *LC =ATE AUGMENT OF ( IMEINAUC IL 14731170313172515.E 2 -\ i-1.3X 21.4fr HOLLY ROAD _ T 1.4 3.41spnra Constesim S. LLC gnaws Pm bigswo.Ths - 916477,13 /1P9911-42■440 SIDEWALK IMPROVEMENT DEFERMENT VISTA HERMOSA SUI3DIVISION PHASE I Exhibit 2 1 Page 1 of 1 Sidewalk Improvements Vista H Subdivision - Phase 1 Corpus Christi, Texas March 7, 2007 Owner : Developer : Engineer Contractor : 'ten 4' Conc. Sidewalk 10% Contingency Total (110% Of construction cost) Landmark Valley Homes LDCS ER Engineering King Isles Construction Quanti 35380 Letter of Crillit Amount = $116,754.00 Cost Estimate Unit SF 3/7/2007 Unit Cost Total Cost $ 3.00 $ 106,140.00 $ 10,614.00 $ 116,754.00 Nobs: 1. AN deferred sidewalks shall be constructed at homebulding stage (see attached cover letter). 2. AN ADA accessible ramps shall be constructed as part of the subdivision development. 0C ..43itr.. LaterofCOedit No 2007 -6 -S ate: March 20, 2007 BENEFICIARY City of Corpus Chnsti P O. Box 9277 Corpus Christi, Texas 78469 -9277 Attn Asst Dir of Development Services AMOUNT Gentlemen: $I 16.754 00 Cci,°pus (: hr stn -F t 3618803601 CUSTOMER: Landmark Valley Homes, Inc. 100 Savannah Ste 540 McAllen, TX 78503 Attn Adriana Petrides p.' EXPIRATION: March 20, 2008 We hereby establish our irrevocable letter of credit ( "Irrevocable Letter of Credit ") in favor of the City of Corpus Christi ( "Beneficiary') for the account of Landmark Valley Homes, Inc., acting by and through Adrian* Petrifies, its Executive Vice President ( "Customer "), authorizing Beneficiary to draw on INTER NATIONAL BANK, McAllen, Texas ( "Issuer ") the amount of One Hundred Sixteen Thousand Seven Hundred Fifty Four and no /100 Dollars ($116,754.00), under Beneficiary's draft bearing the clause 'Drawn under Inter National Bank, Irrevocable Letter of Credit No. 2007 -6-S, dated March 20, 2007" and accompanied by all of the following documents ( "Documents "): O The original of this Letter of Credit; and (2) The sworn affidavit of the City of Corpus Christi's, City Manager, or his designee, stating the authority of the affiant to make the affidavit on behalf of Beneficiary and further stating as follows: "That Landmark Valley Homes, Inc., has not installed the required improvements or vacated the plat of Vista Hermosa Subdivision Phase I as required by its Deferral Agreement with the City of Corpus Christi within the time period allowed This Irrevocable Letter of Credit guarantees the obligations of the Customer to the Beneficiary as provided in the Deferral Agreement. Partial drawings are not permitted under this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is not transferable. Issuer hereby agrees with Beneficiary that upon presentment on or before 5 o'clock p.m., Corpus Christi, Texas, local time no later than March 20, 2008, that drafts drawn under and in compliance with the terms of this krevocable Letter of Credit, Issuer will duly honor this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is guaranteed for one year from date of issuance, it must be autom*tically extended for additional periods of one year, and at one year intervals thereafter, until Expiration Date, unless, at least 90 days prior to Expiration Date, Beneficiary's City Manager notifies Issuer in writing by Certified Mail at the above address that Beneficiary has elected not to renew. Issuer shall send notice of the automatic extension to the City's Assistant Di OC- LANDMARK Exhibit 4 • 4 Si= of Corpus Ct:risti -FI 3618803601 velop *nt Services/Special Services thirty (30) days prior to expiration of the them current evocable Letter of Credit. Failure to receive the automatic extension or a substitute Irrevocable tier of Credit 30 days prior to expiration of the then current Irrevocable Letter of Credit ustitutila a default upon which the then current Irrevocable Letter of Credit may be called in its 'entirety, even though not stated above as a specific event of default. This Irrevocable Letter of Credit sets forth in full the terms of our undertaking and such undertaking must not in any way be modified, amended, or amplified by reference to any document, instrument or agreement referred to herein or in which this Irrevocable Letter of Credit is referred to or to which this In-evocable Letter of Credit relates, and any such reference is not deemed to incorporate herein by reference tiny document, instrument, or agreement Issuer is riot a party to, or bound by the terms of any agreement between Beneficiary and Customer. Furthermore, Issuer shall honor this Letter of Credit without inquiring into the truth of the statements made in the sworn affidavit of Beneficiary which statements will be considered by Issuer to be determinative, conclusive and final. This Irrevocable Letter of Credit will be governed by the provisions of the Uniform Customs and practice for Docurritntary Credits (1994) Revision, International Chamber of Commerce Publication No. 500 to the extent not inconsistent with the laws of the State of Texas and more particularly with the provisions of Chapter 5 of the Texas Business and Commerce Code currently in effect. 1 Sincerely Inter. l atigsal B k By Na [fib! y Title: Executiv Vice President Approved as to form: City Attorney City of Corpus Christi • By: Smith Assistant City Attorney Cin O' n Director of Finance LQC- LANDMARK e: Adriana Petrides Title: Executive Vice President/ Finance p.2 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 171-.2, as amended requires all persons or firms seeking to do business with the City to provide the following information Every question must be answered. If the question is not applicable, answer with "NA" FIRM NAME /KC STREET RbO Sa vo,M4'46.4 SH /Yo CITY: /f c !R-lt' cr' ZIP: "z SS-o'3 . FIRM is I Corporation ' Partnership 3 Sole Owner 4. Association Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. Stile the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) L'r 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name p Ir� Title 3. Slate the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee lv /% 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name CERTIFICATE Consultant I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withhel disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas as Fhanges occ Certifying Person Signature of Certify IExhibit 5 'Board Member" A member of any Corpus Christi, Texas. 'Employee ". Any person employed not as an independent contractor DEFINITIONS board, commission or committee appointed by the City Council of the City of by the City of Corpus Christi, Texas, either on a full or part time basis, but Firm' Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non - profit organizations. 'Official" The Mayor members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e •Ownership Interest Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holdWg or control established through voting trusts, proxies or special terms of venture or partnership agreements. `Consultant ". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 7 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: a. Motion authorizing the City Manager or his designee to execute a contract with Horizon Centre in the amount of $50,000 for the Development Services Process Improvement, Phase IV, Implementation. Ordinance appropriating $50,000 from the Development Services Special Revenue Fund No. 4670 to pay the consultant, Horizon Centre, for consulting services for the Development Services Process Improvement Project, Phase IV, Implementation ISSUE: CouncE has previously identified the one -stop approach to Development Services as a high priority. The contract for professional services with Horizon Centre will assist in the implementation phase of the process improvement within the Development Services Department. REQUIRED COUNCIL ACTION: Motionauthorizing the City Manager or his designee to execute a contract with Horizon Centre the amount of $50,000 PREVIOUS COUNCIL ACTION: Council previously authorized the Operational Design in Phase II and III in September 2005. FUNDING: The funding source will be the Development Services Special Revenue Fund 530000 - 113004670. CONC$,USION AND RECOMMENDATION: Staff recomrr ends entering into a contract with Horizon Centre for professional services to implement the process improvement project within Development Services. Debbie A. Marroqu , P.E Interim Director of Develop dent Services Attachments: Backgund Information Contract Summary BACKGROUND INFORMATION Additional Information: The Process Improvement Project was developed in conjunction with the Development Services Advisory Group (DSAG) and City staff to identify ways to improve the Development Service Process. The DSAG, composed of stakeholders, identified several areas of improvement to the development process and developed some desired outcomes for the customer namely 5 key areas. They include: - Clear Concise Regulations - Clear Communication of the Regulations, Requirements, and Processes - Prompt and Positive Staff Responsiveness to Customer Needs and Other City Staff - Predictable Results - Accountability for Decisions Made Phase 0 consisted of meeting with a Staff Action Team and a Staff Steering Committee, made up of city staff and executive level staff, to identify needs and develop strategies to meet the customer expectations. Deliverables included a Cost of Service Study, Data Assessment and Conversion Strategy, Regulatory Framework, Performance Measurement, and a System Operational Design. Phase III of the Process Improvement Project, Piloting the Project Manager Concept, was officially launched in June 2006. Four (4) Development Services staff served as Project Managers in an acting capacity and took in more than fifteen (15) projects during a six -month period. All fifteen (15) projects were put through the pilot process and various phases of the Operational Design. Feedback to the pilot process was positive. Phase IV of the Project will focus on the implementation phase and transition into the Project Manager form of operations. The Project Manager Concept will provide customers with predicable, reliable, and consistent regulations and decisions. The "Cradle to Grave" concept will have the project managers working with the customer from project inception to project compladon, or Certificate of Occupancy. The Development Services Advisory Group (DSAG) approved the recommendation of this contract during their Aprli 11, 2007 Meeting. Contract Summary The City of Corpus Christi, Texas, hereinafter called "City", and Horizon Centre, a Maryland corporation, hereinafter called "Consultant ", to the amendment of the contract as amended September 20.. 2005 (Motion #2005 -333) hereby agree as follows: I, SEVICES TO BE PERFORMED The Consultant hereby agrees, at his /her own expense, to perform all services necessary to research. document, and complete the scope of work to complete the project desc ibed as follows. Section 11 Scope of Services, A Project Scope is amended by the addition of Phase 4 Services to read: 11. SCOPE OF SE RVICES A. P*OJEU SCOPE Amegdment No. 2: 1. Intplem sting the System Design Horizon Centre, Inc is nearing completion of the Phase 3, Project- Oriented Operational Design scope of work with the City of Corpus Christi. Phase 3 focused on the testing and implementation planning of the five (5) key Phase 2 deliverables, including the Operational Design, Data Assessment & Conversion Strategy, Regulatory Framework Assessment, and the Costf- Service Study and eFee Analysis Program, igu e 1) (Figure 4 centers on implementing the project- oriented system, project management, and the other recommended actions from the key Phase 2/3 deliverables. 11. Phase 4 Scope of Work This Phase 4 work program has been designed to assist management and the staff team with completing the pilot testing program, further refining the system operational design, and implementation of key deliverables (Figure 1). In addition, this phase focuses on continuing the facilitation of the customer and staff teams to increase momentum and buy -in on the system design and direction of the improvement effort. Ta =S orPhase4 The tasks below are organized into three (3) groups, including: 1 Product Development 2 Visit Facilitation and Support Task t uo 1; Product De merit Task 1: System Operational Design Implementation & Refinement (previous Deliverable 1) Assist management, the Performance Improvement Manager (PIM), and the Project Managers (PMs) to refine the system operational design deliverable during the phase -in of projects to the new system and hiring /training of the PMs Key task products include: • Assist with finalization of implementation tasks, timelines, and resources needed for this task • Refine operational design text, tables and flow charts to match implementation requirements • Assist with training of the Project Managers • Assist with development of procedures and materials to support ramp -up to the new system Task 2° Data Conversion Implementation (previous Deliverable 2) Assist management, the Performance Improvement Manager (PIM), and PMs to implement data conversion priorities to support counter operations and project management requirements. Key task products include: • Finalize priorities for data conversion • Assist with the development of an indexing system and conversion methodology • Assist with testing and usage of converted data in the new process Task 3: Performance Measurement Program Implementation (previous Deliverable 3) Assist management, the Performance Improvement Manager (PIM), and PMs to implement the performance measurement program to support project processing. Key task products include: • Assist with finalization of implementation tasks, timelines, and resources needed for this task • Assist with collection of the baseline performance measurement data, including the customer survey and internal measurement data • Assist with collection of customer satisfactions and internal measurement data for the phase -in of projects to the new system • Assist with development of the regular measurement report format • Assist with staff and customer education on the program expectations Task 4: Regulatory Framework Implementation (previous Deliverable 4) Assist management and the Performance Improvement Manager (PIM) to implement the regulatory framework update priorities. Key task products include: • Assist with finalization of implementation tasks, timelines, and resources needed for this task • Assist with identification of regulatory update priorities • Assist with collection of customer satisfactions and internal measurement data for the phase -in of projects to the new system • Assist with development of the regular measurement report format • Assist with staff and customer education on the program expectations Task 5: Fee Analysis & Implementation (previous Deliverable 5) Assist management and the Performance Improvement Manager (PIM) to analyze the current fee structure in order to implement fee adjustments to improve overall cost recovery. Key task products include' • Assist with finalization of implementation tasks, timelines, and resources needed for this task • Assist with analyzing current fees and develop opportunities for fee adjustments • Assist with presentations to DSAG and City Council on proposed fee adjustments • Assist with development of fee collection procedures Task 6: Assist with Work Plan Formulation and Maintenance. Work with management and PIM to refine and expand the work plan to implement the recommendations. The work plan would be developed in order to continue the system design refinements, phase0in of projects to the new system, and development of transition and implementation steps needed for success. The implementation and transition plan will be a dynamic document throughout the design and implementation process. Task Groff 2: Visit Faciltation & Support Task 7: Presentations to the City Council and Board or Commissions In conjunction with management, present ongoing status reports, including accomplishments and implementation activities. Task 8: Assist with Prioritization and Facilitation of Work Product. Assist management, PIM and PMs to prepare work programs and agendas in accordance with the ctafted action plan and timeline. Assist with the facilitation of work products and agenda action items. This task is typically onsite intensive. Task 9: Assist with Customer Communication and Outreach Work with management and staff to communicate the system design and implementation plan in order to build customer support for the change effort. Assist with the development of presentations and handout materials to be used during the outreach effort to formalized professional organizations and citizen groups as needed. Task 10: Provide Ongoing Coaching and Support to the Process Improvement Manager. Provide ongoing coaching to the PIM to assist them in carrying out their duties to implement the system recommendations and dealing with change management issues and resistance. Providie miscellaneous telephone and email support on questions, research and issues that may arise during the implementation of the system performance improvement recommendations. Phase 4 Services are estimated to be complete within eight (8) months of notice to proceed. 111. FEE. AUTHORIZED The Gty will pay the Consultant an additional total not to exceed fee of $50,000.00 for a restated not to exceed fee of $170,955.00. This fee will be full and total compensation for all services provided and authorized expenses incurred in performin Authorized expenses include airfare, out of town travel, lodging, printing, meal, the tasks p specified. postage and shippirg Mileage will be reimbursed at the IRS authorized rate or based upon rental car invoices Other authorized expenses will be reimbursed upon submission photocopies of receipts and invoice statements. The City will reimburse the Consultant only for authorized expenses actually incurred The total expenses reimbursed are not to exceed $7,500.00 for Phase 4 Services as part of contract Amendment No 4. The table "Summary of Fees" shall be used when calculating the fee due for the proportion of services completed. The City shall make prompt payments in response to Consultant's statements for Professional Services Billing for services provided in Phase 4 will be based on the Consultant's estimate of the percent of services complete at the time of billing. However, in no case will the billing exceed 95% of the fee for each task until said task is complete in the sole opinion of the Assistant City Manager for Development Services or her designee Consultant will submit monthly statements for work authorized by the Assistant City Manager of Develogenent Services and performed by the Consultant. The statement will be based upon Consultant's estimate and concurrence by the City of the proportion of the total services actual) completed at the time of billing. The City will make prompt month) Y Consultant's monthly invoices. y payments in response to All invoices shall be accompanied by a cover letter summarizing the fee in accordance with the Summary Schedule of Fees Invoices will be sequentially numbered for each project and state the project name The letter shall state the number of the current invoice, the contract fee for each task, the amount previously invoiced for each task, and the current amount due. Invoices will be organized to accommodate funding sources. Sun rnary of Fees: Not to Exceed Budget $24,975 mud Contract Amendment No. 1 Phase 2 Fee 55,100.00 Phase 3 Fee 40,880.00 Amendment No 2 Total 95,980.00 mendment No. 2 ask Phase 4 Fee ti ystem Operational Design Refinements (previous Deliverable 1) $6,875.00 2 Data Conversion Implementation (previous Deliverable 2) $1,875.00 3 Performance Measurement Program Implementation (Deliverable 3) $3,750.00 4 ` egulatory Framework Implementation (Deliverable 4) $1,875.00 5 Fee Analysis & Implementation (Deliverable 5) $1,875.00 6 sist with Work Plan Formulation and Maintenance $2,500.00 7 resentations to the City Council; Boards and Commissions $625.00 8 sist With Prioritization and Facilitation of Work Product (8 Visits In Eight Months). $20,000.00 9 sist With Customer Communication and Outreach $625.00 10 Provide Ongoing Support and Coaching to the Process Improvement Manager $2,500.00 Amendment 2 Total Fee $42,500.00 Amendment 2 Expense Allowance $7,500.00 $50,000.00 Amendment No. 2 Total TOTAL CONTRACT FEE $170,955.00 Figure 1 Phase II Deliverables Datti 1,41 vt...t , Deily( - iht ? falnov,o+, , ■Jf SerLo. Stud,/ 6. r Page 1 of 2 AN ORDINANCE APPROPRIATING $50,000 FROM THE DEVELOPMENT SERVICES SPECIAL REVENUE FUND NO. 4670 TO PAY THE CONSULTANT, HORIZON CENTRE, FOR CONSULTING SERVICES FOR THE DEVELOPMENT SERVICES PROCESS IMPROVEMENT PROJECT, PHASE IV, IMPLEMENTATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $50,000 is appropriated from the Development Services Special Revenue Fund No. 4670 to pay the consultant, Horizon Centre, for consulting services for the Development Services Process Improvement Project, Phase IV, Implementation. SECTION 2. 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 that requires consideration of and voting upon ordnances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 17th of April, 2007. ATTEST: Armando Chapa City Secretary APPROVED as to form: April 11, 2007 By: . Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H \ t: EG- DIR1Shared \GaryS\agenda\2007\4 -17\ Ord - AppropHorizonCentre - DevSvcs.doc Page 2of2 Corpus Christi, Texas Day of 2007 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 votim 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 Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill KeIIy Rex A. Kinnison Jesse Noyola Mark Scott H: \LEG- i)IR1Shared \Garys \agenda\ 2007\ 4 -171 Ord- AppropHorizonCentre- DevSvcs.doc 8 CITY COUNCIL AGENDA MEMORANDUM March 20, 2007 AGENDA ITEM: A. Ordinance authorizing the City Manager, or his designee, to execute a ten year reciprocal fiber license agreement with Grande Communications Networks, Inc., ( "Grande ") for City to receive use of approximately 82.9 miles of Grande fiber, and Grandy to receive use of approximately 18.9 miles of City fiber; providing for refund of $100,000 security fund established in the Grande Cable Franchise. B. Ordinance appropriating $24,458.42 interest earnings from the Grande Communications Security Fund established in the General Fund; transferring to and appropriating in the CC Digital Community Development Corporation Fund 4800 for fiber construction; amending the FY 06 -07 Operating Budget adopted by Ordinance NO. 026908 by increasing appropriations by Community Development Corporation Fund 4800 to $24,458.42; rease a prop CC Digital revenues by $24,458.42 each; and declaring and emergency. ppropriations and ISSN; Grande Communications previously received a cable franchise from the City. In late 2005, Grande terminated the city franchise, and obtained a state cable franchise, under new statelaw (Senate Bill 5) which authorized state cable franchises in certain circumstances. This taw took effect in 2005. Grande requested the return of the security fund required in the franchise in the amount of $100,000. We have negotiated a fiber license agreement, where Grande is going to provide the city with use of approximately 82.9 miles of their fiber, and City will provide Grande with use of approximately 18.9 miles of City fiber. The agreement provides for release of the security deposit. the To allow for this joint use, it is necessary to connect the City's fiber optic system to that of Grande. It is estimated that the City's portion of this cost will be $24,500 and the interest earnings will be used to offset the City's expenditures. Grande will fund their construction work, REQUIRED COUNCIL ACTION: City Council approval is required for use of City property and for all expenditures over $25,000. PREVIOUS COUNCIL ACTION: In 1999, City Council approved a cable franchise agreement * r ClearSource, Inc. In 2002, City Council approved merger transaction betwe n ClearSource and Grande Communications Inc. FUNDING: The $100,000 security deposit as well as the $24,458.42 interest earnings are in account 203065- 1020 -00000 "Clear Source, Inc. Security Fund ". RECOMMENDATION: Staff recommends approval of the ordinances as presented. C:* •r. c4ur Ogilvie Gericke, Director Information Systems Attachment: Reciprocal Fiber License Agreement with Grande Communications Networks, Inc. ORDINANCE AUTHORIZING TIC CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A TEN YEAR RECIPROCAL FIBER LICENSE AGREEMENT WITH GRADE COMMUNICATIONS NETWORKS, INC., ( "GRANDE ") FOR THE CITY TO RECEIVE USE OF APPROXIMATELY 82.9 MILES OF GRANDE FIBER, AND GRANDE TO RECEIVE USE OF APPROXIMATELY 18.9 MILES OF CITY FIBER; PROVIDING FOR REFUND OF $100,000 SECURITY DEPOSIT ESTABLISHED IN THE GRANDE CABLE FRANCHISE BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute a ten year Reciprocal Fiber License Agreement with Grande Communications Networks, Inc. ( "Grande "). A copy of the Agreement in substantial form is attached. The Agreement contains a provision for refund of the $100,000 security deposit established in the Grande Cable franchise Reciprocal Fiber License Agreement THIS Reciprocal Fiber License Agreement (this "Agreement" or "License ") is made and entered into as of 2007 (the "Effective Date ") by and between City of Corpus Christi, Texas ( "City ") and Grande Communications Networks, Inc., a Delaware corporation "Grande" s. RECIT ALS A. City and Grande each owns a fiber optic communication system in the City of Corpus Christi, referred to as the City System Route and Grande System Route, respectively. B. City desires to be granted the right to use, and Grande is willing to grant to City the right to use certain dark fibers and associated property in the Grande System Route, on the terms and conditions set forth below. Grande desires to he granted the right to use, and City is willing to grant to Grande the right to use certain dark fibers and associated property in the City System Route, on the terms and conditions set forth below 1). Each defined term shall have the meaning set forth in this Agreement where such term is first used. or, if no meaning is so set forth, the meaning ascribed to such term in the Glossary of Terms which is attached hereto and incorporated herein by this reference. Accordingly, . in consideration of the mutual promises set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: ARTICLE 1. Licensed Fiber Grande hereby grants to City, and City hereby accepts from Grande: (a) the exclusive right and license (the "City Fiber License ") to use certain communications dark fibers (the "Grande Fibers ") which will be specifically identified by Grande in the Grande System Route as depicted on Exhibit A attached hereto and incorporated herein; and (b) the nonexclusive right and license to use the tangible and intangible property needed for the use of the Grande Fibers (collectively, the "Grande Associated Property "), including but not limited to: the associated conduit; and Grande's rights in all Grande Underlying Rights. GRANDE COMMUNICATIONS NETWORKS, INC CONFIDENTIAL AND PROPRIETARY 1 City hereby grants to Grande, and Grande hereby accepts from City: (a) the exclusive right and license (the "Grande Fiber License ") to use certain communications dark fibers (the "City Fibers ") which will be specifically identified by City in the City System Route as depicted on the attached Exhibit Al attached hereto and incorporated herein; and (b) the nonexclusive right and license to use the tangible and intangible City property needed for the use of the City Fibers (collectively the "City Associated Property "). including but not limited to: (1) the associated conduit; and (2) City's rights in all City Underlying Rights. 1.3 Neither party has the right to own, control, maintain, modify or revise the Fibers or Associated Property of the other party. 1.4 Neither party has the right of physical access to, the right to encumber in any manner, or other use of the System Route of the other party, except as expressly set forth herein. 1.5 Each party shall have full and complete control and responsibility for determining any network and service configuration or designs, routing configurations, rearrangement or conscdidation of channels or circuits and all related functions with regard to the use of that party's fiber. 1.6 Each party acknowledges and agrees that the other party is not supplying nor is obligated to supply any optronics or electronics or optical or electrical equipment or other facilities, including without limitation, generators, batteries, air conditioners, fire protection and monitoring and testing equipment, all of which are the sole responsibility of the using party, nor is any party responsible for performing any work other than as specified in this Agreement. ARTICLE 2. ADDITIONAL CONSIDERATION FOR GRANTS 2.1 City shall pay directly or reimburse Grande for the costs and expenses described in Artkle 7, 2 2 Upon the earlier of (a) 90 days after the execution of this License; or (b) City's receipt of notice from the Dir. of MIS that the Grande Fibers have been delivered to City, the City shall immediately refund to Grande the $100,000 security deposit previously provided by Grande to City pursuant to the terms and conditions of that certain Franchise Agreement, dated March 10, 2000 and entered into by and between the parties hereto. ARTICLE 3. CONSTRUCTION OF THE GRANDE FIBER SYSTEM 2 GRANDE COMMUNICATIONS NETWORKS, INC CONFIDENTIAL AND PROPRIETARY 1 Grande shall construct the Grande System Route as described on the attached Exhibit A. The Grande System Route and the Grande Fibers therein shall meet or exceed the specifications set forth in Exhibit B. 3.2 Except as may be provided herein, Grande shall, at Grande's sole cost and expanse, procure all materials to be incorporated in and to become a permanent part of the Grande System Route. ARTICLE 3A CONSTRUCTION OF THE CITY FIBER SYSTEM 3A.1 City has constructed the City System Route as described on the attached Exhibit Al. The City System Route and the City Fibers therein shall meet or exceed the specifications set forth in Exhibit B. ARTICLE 4. TESTING 4.1 Grande shall test all Grande Fibers in accordance with the procedures specified in Exhibit 8 ( "Fiber Testing "). Fiber Testing shall proceed span by span along each Segment as cable splicing progresses, so that test results may be reviewed in a timely manner. Grande shall promptly provide City with a copy of the test results. 4.2 Grande will provide City reasonable advance notice of the date and time of each Fiber Testing so the City shall have the opportunity to have a representative present to observe the Fiber Testing. ARTICLE 5. TERM 5.1 The grants of the City Fiber License and the Grande Fiber License shall each become effective on the Effective Date and shall each extend for a period of ten (10) years thereafter. The period of the fiber licenses granted herein is defined as the "Term." (a) At the expiration or other termination of this Agreement, the fiber licenses granted herein shall each immediately terminate, and all rights of either party to use the other party's Associated Property, or any part thereof, shall cease. 5.2 If at any time City determines that, with respect to any Segment, the Grande Fibers have reached the end of their useful life (as determined by City in its sole discretion), or City otherwise desires not to retain this Agreement, City shall have the right to abandon the use of the Grande Fibers by notice to Grande. In the case of abandonment, this Agreement shall terminate as to such Segment, and City shall not be entitled to a refund of any of the consideration paid. 3 GRANDE COMMUNICATIONS NETWORKS INC CONFIDENTIAL AND PROPRIETARY 5.3 It is understood and agreed that Grande must and does maintain legal title to the entire Grande System Route, subject to the Grande Fiber License granted hereunder. The parties agree to file their respective income tax returns, property tax returns, and other returns and reports for their respective Impositions on such basis and, except as otherwise required by law, not to take any positions inconsistent therewith. 5.4 The term of this Agreement shall extend for two additional periods of five (5) years each, by agreement of the Parties, not later than twelve (12) months preceding the expiration of the Term (or the extended Term). ARTICLE 6. NETWORK ACCESS 6.1 (a) Grande shall provide City with access to the Grande Fibers by cable stub taken by Grande from the Grande System Route in the public right of way adjacent to City facilities identified on Exhibit A. (al) City shall provide Grande with access to the City Fibers by cable stub taken by City from the City System Route in the public right of way adjacent to Grande facilities identified on Exhibit Al (b) If either party desires additional Connecting Points on the System Route of the other party, the parties will negotiate in good faith the terms and conditions for such additional Connecting Points. All Connecting Points shall be placed at splice points. (c) All connections to the Grande System Route shall be performed by Grande, in accordance with Grande's applicable specifications and operating procedures. The Cost of such connections will be borne by Grande. It is the responsibility of City to obtain all governmental and other approvals and consents necessary for the delivery of the cable stub. (c l) All connections to the City System Route shall be performed by City. The Cost of such connections will be borne by City. (d) In order to schedule a Connection, each party shall request and coordinate such work with the other party not less than thirty (30) days in advance of the date the connection is requested to be completed. Neither Grande nor City shall have any limitations on the types of electronics or technologies employed to utilize its fibers, subject to applicable safety procedures and so long as such electronics or technologies do not interfere with the use of or present a risk of damage to any portion of the other party's system. ARTICLE 7. MAINTENANCE AND REPAIR OF THE FIBER SYSTEM 7.1 Each Party shall be responsible for maintenance and repair of its own Fiber System. The parties agree to maintain their respective System Route in accordance with the maintenance requirements and procedures set forth in Exhibit D hereto. 4 GRANDE COMMUNICATIONS NETWORKS, INC CONFIDENTIAL AND PROPRIETARY 7.2 If Grande determines that the fiber optic cable is technically or functionally obsolete and should be replaced on the Grande System Route or any Segment thereof, then Grande may. on not less than one hundred twenty (120) days' written notice to City, substitute for the Grande Fibers on the Grande System Route an equal number of alternative fibers along the same or an alternative route. provided that in any such event, such substitution (a) shall be without interruption of service and use by City; and (b) shall not adversely affect the use, operation or performance of City's network or business or change any Connecting Points. In the event of a fiber substitution, Grande will use all commercially reasonable efforts to reconnect to the Grande System Route without interruption of service along the Grande System Route. 7.2A If City determines that the fiber optic cable is technically or functionally obsolete and should be replaced on the City System Route or any Segment thereof, then City may, on not less than one hundred twenty (120) days' written notice to Grande, substitute for the City Fibers on the City System Route an equal number of alternative fibers along the same or an alternative route; provided that in any such event, such substitution (a) shall be without interruption of service and use by Grande; and (b) shall not adversely affect the use, operation or performance of Grande's network or business or change any Connecting Points. In the event of a fiber substitution, City will use all commercially reasonable efforts to reconnect to the City System Route without interruption of service along the City System Route. 7,3 In the event of a fiber substitution under Section 7.2, all costs of such substitution, including, without limitation, all disconnect and reconnect costs, fees and expenses, shall be shared by the parties in the following order and amounts (the "Allocable Shares "): (a) First, if the affected portion of the Grande System Route includes any conduit other than the conduit housing the Grande Fibers, the total Costs shall be allocated equally among all of the affected conduits; and (b) Second, the Costs related to the conduit carrying the Grande Fibers plus the Costs specifically related to the fibers within such conduit shall be allocated between City and Grande and other users based on the ratio to which the number of Grande Fibers bears to the total number of fibers in such conduit. 7.3A In the event of a fiber substitution under Section 7.2A, all costs of such substitution, including, without limitation, all disconnect and reconnect costs, fees and expenses, shall be shared by the parties in the following order and amounts (the "Allocable Shares "): (a) First, if the affected portion of the City System Route includes any conduit other than the conduit housing the City Fibers, the total Costs shall be allocated equally among all of the affected conduits; and (b) Second, the Costs related to the conduit carrying the City Fibers plus the Costs specifically related to the fibers within such conduit shall be allocated between City and GRANDE COMMUNICATIONS NETWORKS. [NC. CONFIDENTIAL AND PROPRIETARY Grande and other users based on the ratio to which the number of City Fibers bears to the total number of fibers in such conduit. ARTICLE 8. GRANDE PERMITS; UNDERLYING RIGHTS; RELOCATION 8.1 Grande has obtained or will obtain certain rights of way for construction and operation of the Grande System Route (the "Grande Underlying Rights "). This Agreement is subject to the terms of the Grande Underlying Rights, and subject to the terms under which the right of way is owned or held by the grantor of the Grande Underlying Rights, including, but not limited to, covenants, conditions, restrictions, easements, reversionary interests, bonds, mortgages and indentures, and other matters, whether or not of record, and to the rights of tenants and licensees in possession. The rights and license granted to City hereunder are further subject and subordinate to the prior right of the grantor of the Grande Underlying Rights to use the right of way for other business activities, including railroad operations, telecommunications uses, pipeline operations or any other purposes, and to the prior right of Grande to use its rights granted under the Grande Underlying Rights. The rights and license granted herein are expressly made subject to each and every limitation, restriction or reservation affecting the Underlying Rights. Nothing herein shall be construed as to be a representation, warranty or covenant of Grande's right, title or interests with respect to the right of way or the Grande Underlying Rights. 8.2 On City's written request, Grande shall make available for inspection by City, at Grande's offices, copies of all information, documents, agreements, reports, permits, drawings and specifications that are material to the grant of the rights hereunder to City, including, without limitation, the Grande Underlying Rights, to the extent that their terms or other legal restrictions permit disclosure. Grande may redact confidential or proprietary business terms. 8.3 If during the Term, Grande undertakes a relocation of any part of the Grande System Route, including any of the facilities used or required in providing the rights hereunder, Grande shall proceed with such relocation, including, but not limited to, the right, in good faith, to reasonably determine the extent of, the timing of, and methods to be used for such relocation; provided that (a) if the relocation is at Grande's discretion, Grande shall maintain the same endpoints of the Grande System Route; and (b) the relocation shall be conducted in accordance with the procedures set forth in Exhibit D. 8.4 Upon the expiration or other termination of an Grande Underlying Right that is necessary in order to grant, continue or maintain any rights granted hereunder in accordance with the terms and conditions hereof or any relocation of the Grande System Route, Grande shall use all reasonable efforts to obtain an alternate right of way. The parties shall share the costs of obtaining an alternate right of way and the costs of relocation according to their Allocable Shares. 8.5 Grande shall deliver to City updated As- Builts with respect to the relocated segment not later than ninety (90) days following the completion of such relocation. 6 GRANGE COMMUNICATIONS NETWORKS, INC. CONFIDENTIAL AND PROPRIETARY ARTICLE 8A. CITY PERMITS; UNDERLYING RIGHTS; RELOCATION 8A.1 City has obtained or will obtain certain rights of way for construction and operation of the City System Route (the "City Underlying Rights "). This Agreement is subject to the terms of the City Underlying Rights, and subject to the terms under which the right of way is owned or held by the grantor of the City Underlying Rights, including, but not limited to, covenants, conditions, restrictions, easements, reversionary interests, bonds, mortgages and indentures, and other matters, whether or not of record, and to the rights of tenants and licensees in possession. The rights and license granted to Grande hereunder are further subject and subordinate to the prior right of the grantor of the City Underlying Rights to use the right of way for other business activities, including railroad operations, telecommunications uses, pipeline operations or any other purposes, and to the prior right of City to use its rights granted under the City Underlying Rights The nghts and license granted herein are expressly made subject to each and every limitation, restriction or reservation affecting the City Underlying Rights. Nothing herein shall be construed as to be a representation, warranty or covenant of City's right, title or interests with respect to the right of way or the City Underlying Rights. 8A.2 On Grande's written request, City shall make available for inspection by Grande, at City's offices, copies of all information, documents, agreements, reports, permits, drawings and specifications that are material to the grant of the rights hereunder to Grande, including, without limitation, the City Underlying Rights, to the extent that their terms or other legal restrictions permit disclosure. City may redact confidential or proprietary business terms. 8A.3 If during the Term, City undertakes a relocation of any part of the City System Route, including any of the facilities used or required in providing the rights hereunder, City shall proceed with such relocation, including, but not limited to, the right, in good faith, to reasonably determine the extent of, the timing of, and methods to be used for such relocation; provided that (a) if the relocation is at City's discretion, City shall maintain the same endpoints of the City System Route; and (b) the relocation shall be conducted in accordance with the procedures set forth in Exhibit D. 8A.4 Upon the expiration or other termination of an City Underlying Right that is necessary in order to grant, continue or maintain any rights granted hereunder in accordance with the terms and conditions hereof or any relocation of the City System Route, City shall use all reasonable efforts to obtain an alternate right of way. The parties shall share the costs of obtaining an alternate right of way and the costs of relocation according to their Allocable Shares. 8A.5 City shall deliver to Grande updated As- Builts with respect to the relocated serrlent not later than ninety (90) days following the completion of such relocation. ARTICLE 9. USE OF FIBER SYSTEM GRANDE COMMUNICATIONS NETWORKS. (NC CONFIDENTIAL AND PROPRIETARY 9 1 Intentionally Deleted. 9 2 Each party represents, warrants and covenants that it will use the other party's Fibers and Associated Property in compliance with and subject to all applicable government codes, ordinances, laws, rules and regulations. 9.3 Subject to the limitations set forth in this Agreement, each party may use the Fibers and the Associated Property of the other party for any lawful purpose. City agrees and acknowledges that it has no right to use any of the fibers that are part of the Grande System, other than the Grande Fibers. Grande agrees and acknowledges that it has no right to use any of the fibers that are part of the City System, other than the City Fibers. Each party shall keep any and all of the other party's System, free from any liens, rights or claims of any third party. 9.4 Grande agrees and acknowledges that it has no right to use the Grande Fibers during the Term hereof. From and after the Effective Date, Grande shall keep the City's rights in the Grande Fibers and the Grande Associated Property granted hereunder, other than any Associated Property as to which Grande shall have provided to City a nondisturbance agreement, free from any liens, rights or claims of any third party attributable to Grande. Grande shall obtain from any entity in favor of which Grande in its discretion shall have granted after the Effective Date a security interest or lien on all or part of the Grande System Route a written nondisturbance agreement in which such lien holder acknowledges City's rights and interests in and to the Grande Fibers, the Grande Associated Property and the rights granted hereunder, and agrees that City shall not be diminished, disturbed, impaired or interfered with in any adverse respect by such lien holder. City agrees and acknowledges that it has no right to use the City Fibers during the Term hereof. From and after the Effective Date, City shall keep the Grande's rights in the City Fibers and the City Associated Property granted hereunder, other than any City Associated Property as to which City shall have provided to Grande a nondisturbance agreement, free from any liens, rights or claims of any third party attributable to City. City shall obtain from any entity in favor of which City in its discretion shall have granted after the Effective Date a security interest or lien on all or part of the City System Route a written nondisturbance agreement in which such lien holder acknowledges Grande's rights and interests in and to the City Pibers, the City Associated Property and the rights granted hereunder, and agrees that Grande shall not be diminished, disturbed, impaired or interfered with in any adverse respect by such lien holder. 9.5 Each party shall promptly notify each other of any matters pertaining to, or the occurrorice (or impending occurrence) of, any event which would be reasonably likely to give rise to any damage or impending damage to or loss of the other party's System that are known to such reporting party. 9.6 Neither party shall use its System in a way that interferes in any way with or adversely affects the use of the fibers or cable of any other person using the other party's System. The parties acknowledge that each party's System may include other participants. 8 GRANDE COMMUNICATIONS NETWORKS, INC CONFIDENTIAL AND PROPRIETARY 9.7 The parties agree to cooperate with and support the other in complying with any requirements applicable to their respective rights and obligations hereunder. ARTICLE 10 INDEMNIFICATION AND LIMITATION OF LIABILITY 10.1 Subject to the provisions of Section 11.5, Grande hereby releases and agrees to indemnify, defend, protect and hold harmless City, its Affiliates, and its and their employees, officers, directors, agents, contractors, and shareholders ( "Indemnified Persons "), from and against any third party claims, suits, proceedings and actions ( "Claims ") for: (a) Any injury, death, loss or damage to any person, tangible property or facilities of any person or entity (including reasonable attorney fees and costs at trial and appeal) to the extent arising out of or resulting from the negligence or willful misconduct of Grande, its officers, employees, servants, agents or contractors in connection with its performance under this Agreement; and (b) Any liabilities or damages (including reasonable attorneys fees and costs at trial and appeal) arising out of any violation by Grande of regulations, rules, statutes or court orders of any local, state or federal governmental agency, court or body in connection with its performance under this Agreement. 10.2 Nothing contained herein shall operate as a limitation on the right of either User or Grande to bring an action for damages against any third party, including indirect, special, or consequential damages, based on any acts or omissions of such third party as such acts or omissions may affect the construction, operation or use of the User Fibers or the System Route or any portion thereof; provided, however, the above limitation of liability shall apply to indirect liability including Claims against third parties who, directly or through one or more other parties, have a right of indemnification, impleader, cross - claim, contribution or other right of recovery against a Party to this Agreement. Each of User and Grande shall assign such rights or claims, execute such documents and do whatever else may be reasonably necessary to enable the other to pursue any such action against such third party. 10.3 Notwithstanding any provision of this Agreement to the contrary, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSSES OR DAMAGES AS A RESULT OF THE PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, OR ITS ACTS OR OMISSIONS RELATED TO THIS AGREEMENT, WHETHER OR NOT ARISING FROM SOLE, JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OR OTHERWISE. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO INDIRECT LIABILITY INVOLVING SUITS BROUGHT AGAINST THIRD PARTIES WHO, DIRECTLY OR THROUGH ONE OR MORE OTHER PARTIES, HAVE A RIGHT OF INDEMNIFICATION, IMPLEADER, CROSS - CLAIM, CONTRIBUTION, OR OTHER EIGHT OF RECOVERY AGAINST A PARTY TO THIS AGREEMENT (e.g., if an 9 GRANDE COMMUNICATIONS NETWORKS, INC. CONFIDENTIAL AND PROPRIETARY affiliate of Party A sues Party B's contractor under circumstances in which the contractor has a right of indemnity against Party B). ARTICLE 11. INSURANCE 1 1.1 At all times during the Term each party shall procure and maintain in force, at its own expense: (a) not less than $2,000,000 combined single limit liability insurance, on an occurrence basis, for personal injury and property damage, including, without limitation, injury or damage arising from the operation of vehicles or equipment and liability for completed operations; (b) workers' compensation insurance in amounts required by applicable law and employers' liability insurance with a limit of at least $1,000,000 per occurrence; (c) automobile liability insurance covering death or injury to any person or persons, or damage to property arising from the operation of vehicles or equipment, with limits of not less than $2,000,000 per occurrence; and (d) any other insurance coverages specifically required of such party pursuant to Grande's right -of -way agreements with railroads or other third parties. t 1.2 Both parties expressly acknowledge that a party shall be deemed to be in compliance with the provisions of this Article if it maintains a self - insurance program providing for a retention of up to $2,000,000. If either party provides any of the foregoing coverages on a claims -made basis, such policy or policies shall be for at least a three -year extended reporting or discovery period. Unless otherwise agreed, User's and Grande's insurance policies shall be obtained and maintained with companies rated "A" or better by Best's Key Rating Guide and each party shall provide the other with an insurance certificate confirming compliance with this requirement for each policy providing such required coverage. 113 If either party fails to obtain the required insurance or fails to obtain the required certificates from any contractor and a claim is made or suffered, such party shall indemnify and hold harmless the other party from any and all claims for which the required insurance would have provided coverage. Further, in the event of any such failure which continues after seven (7) days' written notice thereof by the other party, such other party may, but shall not be obligated to, obtain such insurance and will have the right to be reimbursed for the cost of such insurance by the party failing to obtain such insurance. 11.4 In the event coverage is denied or reimbursement of a properly presented claim is disputed by the carrier for insurance provided above, the party carrying such coverage shall make good -faith efforts to pursue such claim with its carrier. 1 1.5 City and Grande hereby mutually waive their respective rights of recovery against 10 GRANDE COMMUNICATIONS NETWORKS, INC CONFIDENTIAL AND PROPRIETARY each other and the officers, directors, shareholders, partners, joint venturers, employees, agents, customers, invitees, or business visitors of either party, for any loss arising from any cause covered or that would be covered by fire, extended coverage, All Risks or other insurance required to be carried under this Agreement or now or hereafter existing for the benefit of the respective party City and Grande will cause from time to time their respective insurers to issue appropriate waiver of subrogation rights endorsements to all property insurance policies carried in connection with their respective property. ARTICLE 12. TAXES, FEES AND OTHER GOVERNMENTAL IMPOSITIONS 12.1 City is not responsible for payment of any taxes for City's use of any part of Grande System. ARTICLE 13. NOTICES All notices and other communications required or permitted under this Agreement shall be in writing and shall be given by United States first class mail, postage prepaid, registered or certified, return receipt requested, or by hand delivery (including by means of a professional messenger service or overnight mail) addressed as follows: All notices and other communications shall be given to Grande at: Grande Communications Networks, Inc. 401 Carson Circle San Marcos, TX 78666 Attn: President With a copy to: Grande Communications Networks, Inc. 401 Carson Circle San Marcos, TX 78666 Attn: General Counsel All notices and other communications shall be given to User at: City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Manager With a copy to: City of Corpus Christi 11 GRANDE COMMUNICATIONS NETWORKS. INC. CONFIDENTIAL AND PROPRIETARY 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Attorney Any such notice or other communication shall be deemed to be effective when actually received or refused. Either party may by similar notice given change the address to which future notices or other communications shall be sent. ARTICLE 14. CONFIDENTIALITY 14.1 As used herein, "Confidential Information" shall mean this Agreement and all materials, maps, and other documents that are marked confidential and disclosed by one party to the other in fulfilling the provisions and intent of this Agreement, as well as confidential or proprietary information that is orally disclosed, provided that, for information that is orally disclosed, the disclosing party indicates to recipient at the time of disclosure the confidential or proprietary nature of the information and confirms in writing to the recipient within 30 days after such disclosure that such information is confidential. Each party agrees to hold the Confidential Information of the other party in confidence. Neither party shall divulge or otherwise disclose the provisions of this Agreement to any third party without the prior written consent of the other party, except that either party may make disclosure to those required for the implementation of this Agreement, and to customers and prospective customers, purchasers and prospective purchasers, auditors, attorneys, financial advisors, lenders and prospective lenders, investors and prospective investors, provided that in each case the recipient agrees in writing to be bound by the confidentiality provisions set forth in this section. In addition, either party may make disclosure as required by a court order or as otherwise required by law or in any legal or arbitration proceeding relating to this Agreement. If either party is required by law or by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process to disclose the provisions of this Agreement or the design information referred to in this Section, it will provide the other party with prompt written notice of such request or requirement so that such party may seek an appropriate protective order and/or waive compliance with this Section. The party whose consent to disclose information is requested shall respond to such request, in writing, within five (5) working days of the request by either authorizing the disclosure or advising of its election to seek a protective order, or if such party fails to respond within the prescribed period the disclosure shall be deemed approved. (a) Nothing herein shall be construed as granting any right or license under any copyrights, inventions. or patents now or hereafter owned or controlled by Grande. (b) Upon termination of this Agreement for any reason or upon request of Grande, City shall return all Confidential Information, together with any copies of same, to Grande. The requirements of confidentiality set forth herein shall survive return of such Confidential Information. (c) City shall not, without first obtaining written consent of Grande, use any trademark or trade name of Grande or refer to the subject matter of this Agreement or Grande in 12 GRANDE COMMUNICATIONS NETWORKS, INC CONFIDENTIAL AND PROPRIETARY any promotional activity or otherwise, nor disclose to others any specific information about the subject matter of this Agreement 14.2 The provisions of this Article are subject to the Texas Public Information Act. If City receives a request for any of Grande's Confidential Information, City shall notify Grande of the request, so that Grande may present its written arguments to the Texas Attorney General. The City shall release Grande's Confidential Information if directed to do so by the Texas Attorney General. 4.3 The provisions of this Article shall survive expiration or other termination of this Agreement. ARTICLE 15. DEFAULT 15.1 A default shall be deemed to have occurred under this Agreement if: (a) in the case of a failure to pay any amount when due under this Agreement, a party fails to pay such amount within ten (10) days after receipt of notice specifying such breach, or (b) in the case of any other material breach of this Agreement, a party fails to cure such within thirty (30) days after receipt of notice specifying such breach, provided that if the breach is of a nature that cannot be cured within thirty (30) days, a default shall not have occurred so long as the breaching party has commenced to cure within said time period and thereafter diligently pursues such cure to completion. 15.2 The foregoing notwithstanding, if the default consists of a failure to pay any part of the License Fee, nonpaying party shall forfeit its license and its rights in the other party's Fibers, and non - defaulting party may terminate any and all of its obligations under this Agreement and apply any and all amounts previously paid by defaulting party hereunder toward the payment of any other amounts then or thereafter payable by defaulting party hereunder. In the event of any other default hereunder, the non - defaulting party may avail itself of one or more of the following remedies: (a) take such action as it determines, in its sole discretion, to correct the default; and (b) pursue any legal remedies it may have under applicable law or principles of equity, including specific performance. 15.3 A waiver by either party at any time of any of its rights as to anything herein contained shall not be deemed to be a waiver of any breach of covenant or other matter subsequently occurring. ARTICLE 16. TERMINATION This Agreement shall automatically terminate on the expiration of the Term or earlier as provided in this Agreement. Upon the expiration of the Term or other termination of this 13 GRANDE COMMUNICATIONS NETWORKS, INC. CONFIDENTIAL AND PROPRIETARY Agreement for default, the defaulting party shall immediately terminate and all rights to use the non- defaulting party's System Route and the Associated Property, shall cease, all rights to use of the System Route shall revert to non - defaulting party, and the non - defaulting party shall owe defastlting party no further duties or consideration. Upon termination at expiration of the Term, each party shall promptly remove all of its electronics, equipment, and other property from the other party's System Route and facilities at its sole cost and under other party's supervision. Termination of this Agreement shall not affect the rights or obligations of either party that have arisen before the date of termination or expiration. ARTICLE 17. FORCE MAJEURE Neither party shall be liable to the other party, and each party's performance under this Agreement shall be excused, if and to the extent that any failure or delay in such party's perfa mance of one or more of its obligations hereunder is caused by any of the following conditions, and such party's performance of such obligation or obligations shall be excused and extended for and during the period of any such delay: act of God; fire; flood; fiber, Cable, or other material failures, shortages or unavailability or other delay in delivery not resulting from the responsible party's failure to timely place orders therefor; lack of or delay in transportation; government codes, ordinances, laws, rules, regulations or restrictions (collectively, "Relylatioes "); war or civil disorder; strikes or other labor disputes; failure of a third party to grant or recognize an Underlying Right (provided that party seeking an Underlying Right has made timely and reasonable commercial efforts to obtain the same); inability of either party to obtain track time or access to their System; or any other cause beyond the reasonable control of such party. The party claiming relief under this Article shall notify the other in writing of the existence of the event relied on and the cessation or termination of said event, and the party claiming relief shall exercise reasonable commercial efforts to minimize the time of any such delay. ARTICLE 18. INTENTIONALLY DELETED ARTICLE 19. ASSIGNMENT AND USER FIBER TRANSFERS Neither Party shall have the right to assign or otherwise transfer this Agreement without the prior written consent of the other Party, which shall not be unreasonably withheld. ARTICLE 20. REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGMENTS 20.1 Each party represents and warrants that: (a) it has the full right and authority to enter into, execute, deliver and perform its obligations under this Agreement; 14 GRANDE COMMUNICATIONS NETWORKS, INC CONFIDENTIAL AND PROPRIETARY (b) this Agreement constitutes a legal, valid and binding obligation enforceable against such party in accordance with its terms, subject to bankruptcy, insolvency, creditors' rights and general equitable principles; and (c) its execution of and performance under this Agreement shall not violate any applicable existing regulations, rules, statutes or court orders of any local, state or federal government agency, court or body. 20.2 Each party represents and warrants to other party that: (a) Each party has obtained or will obtain all permits and other governmental approvals required for the installation of the System Route. (b) In its ownership, operation and maintenance of the Grande System, Grande will comply with all applicable local, municipal, state or federal laws, orders and regulations. 20.3 EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, GRANDE MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USER FIBERS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. IN ADDITION, GRANDE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY TYPE CONCERNING THE INTEGRITY OR PERFORMANCE OF THE MATERIALS FURNISHED OR DESIGNATED BY USER. ARTICLE 21. GENERAL 21.1 Binding Effect. This Agreement and each of the parties' respective rights and obligations under this Agreement, shall be binding on and shall inure to the benefit of the parties hereto and each of their respective permitted successors and assigns. 21.2 Waiver. The failure of either party hereto to enforce any of the provisions of this Agreement, or the waiver thereof in any instance, shall not be construed as a general waiver or relinquishment on its part of any such provision, but the same shall nevertheless be and remain in full force and effect. 21.3 Governing Law. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Texas, without reference to its choice of law principles. 21.4 Rules of Construction. The captions or headings in this Agreement are strictly for convenience and shall not be considered in interpreting this Agreement or as amplifying or limiting any of its content. Words in this Agreement which import the singular connotation shall 15 GRANDE COMMUNICATIONS NETWORKS, INC CONFIDENTIAL AND PROPRIETARY be interpreted as plural, and words which import the plural connotation shall be interpreted as singular, as the identity of the parties or objects referred to may require. (a) Unless expressly defined herein, words having well known technical or trade meanings shall be so construed. All listing of items shall not be taken to be exclusive, but shall include other items. whether similar or dissimilar to those listed, as the context reasonably requires. (b) Except as set forth to the contrary herein, any right or remedy of User or Grande shall be cumulative and without prejudice to any other right or remedy, whether contained herein or not. (c) Nothing in this Agreement is intended to provide any legal rights to anyone not an executing party of this Agreement. the parties. (d) This Agreement has been fully negotiated between and jointly drafted by (e) All actions, activities, consents, approvals and other undertakings of the parties in this Agreement shall be performed in a reasonable and timely manner, it being expressly acknowledged and understood that time is of the essence in the performance of obligations required to be performed by a date expressly specified herein. Except as specifically set forth herein, for the purpose of this Agreement the standards and practices of performance within the telecommunications industry in the relevant market shall be the measure of a party's perform ance. 21.5 Entire Agreement. This Agreement, together with any Confidentiality Agreement entered into in connection herewith, constitutes the entire and final agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements relating to the subject matter hereof, which are of no further force or effect. The Exhibits referred to herein are integral parts hereof and are hereby made a part of this Agreement. To the extent that any of the provisions of any Exhibit hereto are inconsistent with the express terms of this Agreement, the terms of this Agreement shall prevail. This Agreement may only be modified or amended by an instrument in writing executed by each party and delivered to the party relying on the writing. 21 6 No Personal Liability. Each action or claim against any party arising under or relating to this Agreement shall be made only against such party as a corporation, and any liability relating thereto shall be enforceable only against the corporate assets of such party. No party shall seek to pierce the corporate veil or otherwise seek to impose any liability relating to, or arising from, this Agreement against any shareholder, employee, officer or director of the other party. Notwithstanding anything in this Agreement to the contrary, each of such persons is an intended beneficiary of the mutual promises set forth in this Article and shall be entitled to enforce the obligations of this Article. 16 GRANDE COMMUNICATIONS NETWORKS, INC CONFIDENTIAL AND PROPRIETARY 21.7 Relationship of the Parties. The relationship between the parties shall not be that of partners, agents, or joint venturers for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes, including, but not limited to federal income tax purposes. The parties, in performing any of their obligations hereunder, shall be independent contractors or independent parties and shall discharge their contractual obligations at their own risk subject, however, to the terms and conditions hereof. 21.8 Severability. If any term, covenant or condition contained herein is, to any extent, held invalid or unenforceable in any respect under the laws governing this Agreement, the remainder of this Agreement shall not be affected thereby, and each term, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 21.9 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument. In confirmation of their consent and agreement to the terms and conditions contained in this Agreement and intending to be legally bound hereby, the parties have executed this Agreement as of the date first above written. GRANDE: Grande Communications Networks, Inc. By: Name: Title: Date: 2124:1 2.4p 07 CITY: City of Corpus Christi By: Name: Title: Date: 17 GRANDE COMMUNICATIONS NETWORKS, INC. CONFIDENTIAL AND PROPRIETARY GLOSSARY OF TERMS The following terms shall have the stated definitions in this Agreement. "Allocable Shares" is defined in section 7.3. "As- Builts" is defined in section 5.01. "Cable" means the fiber optic cable and the fibers contained therein, and associated splicing connections, splice boxes, and vaults to be installed by GRANDE as part of the Grande System. "Costs" means all actual, direct costs paid or payable in accordance with the established accounting procedures generally used by Grande and which it utilizes in billing third parties for reimbursable projects which costs shall include, without limitation, the following: (i) internal labor costs, including wages and salaries, and benefits, and (ii) other direct costs and out -of- pocket expenses on a pass - through basis (e.g., equipment, materials, supplies, contract services. etc.). "Effective Date" is defined in the introductory paragraph to this Agreement. "Planned System Work Period" or "PSWP" means a prearranged period of time reserved for performing certain work on the GRANDE System that may potentially impact traffic. Generally, this will be restricted to weekends, avoiding the first and last weekend of each month and high- traffic weekends. The PSWP shall be agreed upon pursuant to Exhibit D. "Grande System" shall have the meaning ascribed thereto in Exhibit A. "City System" shall have the meaning ascribed thereto in Exhibit Al. "Segment" shall mean a pair described in Exhibit A or Exhibit A -1. "Underlying Rights" is defined in Section 9.1. [ "Best efforts "] [ "reasonable commercial efforts "], when used herein in connection with a covenant of a party to this Agreement, shall not obligate such party, unless otherwise specifically required by the operative covenant, to make unreimbursed expenditures (other than costs or expenditures that would have been required of such party in the absence of the requirements of such covenant) that are material in amount, in light of the circumstances to which the requirement to use best efforts applies. 18 GRANDE COMMUNICATIONS NETWORKS, INC CONFIDENTIAL AND PROPRIETARY EXHIBIT A TO RECIPROCAL FIBER LICENSE AGREEMENT GRANDE SYSTEM ROUTE Grande will provide four dark fibers (except as noted), from the City Service Center to the public ROW adjacent to the following city facilities: 1.2300 Rodd Field (F. ) 2. 5805 Williams ( Clinic 3. 5901 S. Staples ( F -14 ) 4. Yorktown & Staples ( S.C. ) 5 Cedar Pass & Everhart S.C. ) 6. 6713 Weber (F- 6 ) 7 3202 Cabinas Prkw. (Natatorium ) 8. Alameda & Ocean ( S.0 ) 9 5601 S. Alameda ( Oso Golf Course ) 10. 910 Airline (F -11 ) 11 1025 Carmel Prkw. ( S.C. ) *(8 fibers) 12. 4639 Kostoryz ( F- 8 ) 13. 3722 S. Staples (F- 7 ) 14. 4225 S. Port ( Gas Department ) 15. Gollihar & Weber 16. Saratoga & Weber 17. Saratoga & Everhardt 18. Saratoga & Staples 19. Saratoga & Cimarron 20. Saratoga & Airline 21. Saratoga & Rodd Field 22 Service Center to Saratoga & Rodd Field * *(2 fibers) Grande will provide 30 dark fibers from the City Service Center to the intersection of Sacky Drive and Richter Street, and 36 dark fibers on Saratoga from Weber Road to Rodd Field. 19 GRANDE COMMUNICATIONS NETWORKS, INC. CONFIDENTIAL AND PROPRIETARY EXHIBIT Al TO RECIPROCAL FIBER LICENSE AGREEMENT CITY SYSTEM ROUTE The City will provide two dark fibers from the existing fiber interconnect at the intersection of Ayers and Holly to the following facilities 1. 1201 Leopard (City Hall) 2. KZTV, 301 Artesian St 3. Del Mar East, 3209 S. Staples 4. KEDT, 4455 S. Padre Island Dr., Suite 38 20 GRANDE COMMUNICATIONS NETWORKS INC CONFIDENTIAL AND PROPRIETARY EXHIBIT B TO RECIPROCAL FIBER LICENSE AGREEMENT Fiber Cable Splicing, Testing and Acceptance Procedures 1 All splices will be performed with an industry- accepted fusion splicing machine. Testing will be documented on diskettes in Laser Precision format and on trace analysis sheets reflecting bi -directional losses by fiber and installed span loss by fiber. One copy of trace diskettes and one copy of trace analysis sheets will be submitted. All testing will be performed at 1550 nm. During initial uni- directional OTDR testing, a general indicator of the quality of each splice will be an objective loss of 0.10 dB or less. If, after three attempts, Grande is not able to produce a loss value of less than 0.10 dB, then 0.20 dB will become the objective. If, after two additional attempts, a value of less than 0.20 is not achievable, then the splice will be marked as "Out- -of -Spec" (OOS ) on a field data sheet. The parties recognize that uni- directional OTDR test data is not an acceptance /rejection criterion. The installed span loss (span shall be FDP to FDP) shall be a bi- directional average of 0.20 dB/km or less, as calculated using an industry- accepted optical loss test set at 1550 nm. The installed span loss includes the inherent attenuation of the glass, the backbone splice losses, the pigtail splice losses, the inherent loss in the pigtails, and the connector losses. 4. Optical Return Loss (ORL) will be recorded on the testing documentation, for information only S. The entire fiber optic cable system shall be properly protected from foreign voltage and grounded with an industry- accepted system. The current systems in use by Grande are the ACT 4400 -150 and the Norscan 2745 SGU 6. The fibers shall be terminated to the FDP with Ultra FC -PC connectors, unless another type of connector is specified. 21 GRANDE COMMUNICATIONS NETWORKS, INC. CONFIDENTIAL AND PROPRIETARY EXHIBIT C TO RECIPROCAL FIBER LICENSE AGREEMENT Connecting Points l . Delivery dates will be individually determined jointly by Grande and City but in no instance shall be less than 30 days for a splice point or 90 days for a shared manhole or handhole. On phase completion, both timelines will be based on accessing existing Grande splice points and cooperation from any and all third party or governmental entities that may require oversight. All tines will be measured from the date City provides to Grande detailed connection plans for a specific connecting point Timelines are based on City obtaining permits, licenses and cooperation from any and all third party or governmental entities that may require oversight to City's access to the splice points, and City shall bear all costs associated therewith. Grande's sole responsibility shall be the splicing of City's cable to the City Fibers or constructing the handhole. 2 Pricing for connections is as follows: Grande will provide all fiber for the Grande System Route and the City shall provide the labor and other materials necessary to establish the connections to the adjacent City facilities. City shall provide all fiber for the City System Route and the labor and other materials necessary to establish the connections to the adjacent Grande facilities. 22 GRANDE COMMUNICATIONS NETWORKS, INC CONFIDENTIAL AND PROPRIETARY EXHIBIT D TO RECIPROCAL FIBER LICENSE AGREEMENT Grande System Maintenance Specifications and Procedures Any party responsible for providing maintenance of the Grande System hereunder shall be referred to herein as the "Service Provider." The Party receiving maintenance services from the Service Provider hereunder shall be referred to herein as the "Service Recipient ". All other capitalized terms not otherwise defined herein shall have their respective meanings as set forth in the IRU Supplement of which this Exhibit forms a part. Maintenance. (a) Scheduled Maintenance. Routine maintenance and repair of the Grande System described in this section ( "Scheduled Maintenance ") shall be performed by or under the direction of Service Provider, at Service Provider's reasonable discretion or at Service Recipient's request. Scheduled Maintenance shall commence with respect to each Segment upon the effective date of the grant of the IRU therein, as provided in the IRU Supplement. Scheduled Maintenance shall include the following activities: O Patrol of Grande System route on a regularly scheduled basis, which will be weekly unless hyrail access is necessary, in which case, it will be quarterly; (ii) Maintenance of a "Call- Before - You -Dig" program and all required and related cable locates; (b) Unscheduled Maintenance. Non - routine maintenance and repair of the Grande System which is not included as Scheduled Maintenance ( "Unscheduled Maintenance "), shall be performed by or under the direction of Service Provider. Unscheduled Maintenance shall commence with respect to each Segment upon the effective date of the grant of the IRU therein. as provided in the IRU Supplement. Unscheduled Maintenance shall consist of: (i) "Emergency Unscheduled Maintenance" in response to an alarm identification by Service Provider's Operations Center, notification by Service Recipient or notification by any third party of any failure, interruption or impairment in the operation of the Grande System, or any event imminently likely to cause the failure, interruption or impairment in the operation of the Grande System. (ii) "Non- Emergency Unscheduled Maintenance" in response to any potential service- affecting situation to prevent any failure, interruption or impairment in the operation of the Grande System. Service Recipient shall immediately report the need for Unscheduled Maintenance to Service Provider in accordance with procedures promulgated by Service Provider from time to time Service Provider will log the time of Service Recipient's report, verify the problem and 23 GRANDE COMMUNICATIONS NETWORKS, INC. CONFIDENTIAL AND PROPRIETARY dispatch personnel immediately to take corrective action. Operations Center. Service Provider shall operate and maintain an Operations Center ( "OC ") staffed twertiy -four (24) hours a day, seven (7) days a week by trained and qualified personnel. Service Provider's maintenance employees shall be available for dispatch twenty -four (24) hours a day, seven (7) days a week. Service Provider shall have its first maintenance employee at the site requiring Emergency Unscheduled Maintenance activity within two (2) hours after the time Service Provider becomes aware of an event requiring Emergency Unscheduled Maintenance, unless delayed by circumstances beyond the reasonable control of Service Provider. Service Provider shall maintain a toll -free telephone number to contact personnel at the OC. Service Provider's OC personnel shall dispatch maintenance and repair personnel along the system to handle and repair problems detected in the Grande System, (i) through the Service Recipient's remote surveillance equipment and upon notification by Service Recipient to Service Provider, or (ii) upon notification by a third party 3 Cooperation and Coordination. (a) Service Recipient shall utilize an Operations Escalation List, as updated from time to time, to report and seek immediate initial redress of exceptions noted in the performance of Service Provider in meeting maintenance service objectives. (b) Service Recipient will, as necessary, arrange for unescorted access for Service Provider to all sites of the Grande System, subject to applicable contractual, underlying real property and other third -party limitations and restrictions. (c) In performing its services hereunder, Service Provider shall take workmanlike care to prevent impairment to the signal continuity and performance of the Grande System. The precautions to be taken by Service Provider shall include notifications to Service Recipient. In addition, Service Provider shall reasonably cooperate with Service Recipient in sharireg information and analyzing the disturbances regarding the cable and/or fibers. In the event that any Scheduled or Unscheduled Maintenance hereunder requires a traffic roll or reconfiguration involving cable, fiber, electronic equipment, or regeneration or other facilities of the Service Recipient, then Service Recipient shall, at Service Provider's reasonable request, make such personnel of Service Recipient available as may be necessary in order to accomplish such maintenance, which personnel shall coordinate and cooperate with Service Provider in performing such maintenance as required of Service Provider hereunder. (d) Service Provider shall notify Service Recipient at least ten (10) business days prior to the date in connection with any PSWP of any Scheduled Maintenance and as soon as possible after becoming aware of the need for Unscheduled Maintenance. Service Recipient shall have the right to be present during the performance of any Scheduled Maintenance or Unscheduled Maintenance so long as this requirement does not interfere with Service Provider's ability to perform its obligations under this Supplement. In the event that Scheduled Maintenance is canceled or delayed for whatever reason as previously notified, Service Provider 24 GRANDE COMMUNICATIONS NETWORKS, INC CONFIDENTIAL AND PROPRIETARY shall notify Service Recipient at Service Provider's earliest opportunity, and will comply with the provisions of the previous sentence to reschedule any delayed activity. 4. Facilities. (a) Service Provider shall maintain the Grande System in a manner which will permit Service Recipient's use, in accordance with the terms and conditions of the Reciprocal Fiber License Agreement, the User Fibers and the Associated Property required to be provided under the terms of the Reciprocal Fiber License Agreement. (b) Except to the extent otherwise expressly provided in the Reciprocal Fiber License Agreement, Service Recipient will be solely responsible for providing and paying for any and all maintenance of all electronic, optronic and other equipment, materials and facilities used by Service Recipient in connection with the operation of the Dark Fibers, none of which is included in the maintenance services to be provided hereunder. 5, Cable/Fibers. (a) Service Provider shall perform appropriate Scheduled Maintenance on the Cable contained in the Grande System in accordance with Service Provider's then current preventative maintenance procedures as agreed to by Service Recipient, which shall not substantially deviate from standard industry practice. (b) Service Provider shall have qualified representatives on site any time Service Provider has reasonable advance knowledge that another person or entity is engaging in construction activities or otherwise digging within five (5) feet of the Cable. (c) Service Provider shall maintain sufficient capability to teleconference with Service Recipient during an Emergency Unscheduled Maintenance in order to provide regular communications during the repair process. When correcting or repairing Cable discontinuity or damage, including but not limited to in the event of Emergency Unscheduled Maintenance, Service Provider shall use reasonable efforts to repair traffic- affecting discontinuity within four (4) hours after the Service Provider maintenance employee's arrival at the problem site. In order to accomplish such objective, it is acknowledged that the repairs so effected may be temporary in nature. In such event, within twenty -four (24) hours after completion of any such Emergency Unscheduled Maintenance, Service Provider shall commence its planning for permanent repair, and thereafter promptly shall notify Service Recipient of such plans, and shall implement such permanent repair within an appropriate time thereafter. Restoration of open fibers on fiber strands not immediately required for service shall be completed on a mutually agreed -upon schedule. If the fiber is required for immediate service, the repair shall be scheduled for the next available Planned Service Work Period (PSWP). (d) In performing repairs, Service Provider shall comply with the splicing specifications as set forth in Exhibit B. Service Provider shall provide to Service Recipient any modifications to these specifications as may be necessary or appropriate in any particular instance for Service Recipient's approval, which approval shall not be unreasonably withheld. 25 GRANDE COMMUNICATIONS NETWORKS INC. CONFIDENTIAL AND PROPRIETARY (e) Service Provider's representatives that are responsible for initial restoration of a cut Cable shall carry on their vehicles the typically appropriate equipment that would enable a temporary splice, with the objective of restoring operating capability in as little time as possible. Service Provider shall maintain and supply an inventory of spare Cable in storage facilities supplied and maintained by Service Provider at strategic locations to facilitate timely restoration. 6 Planned Service Work Period (PSWP). Scheduled Maintenance which is reasonably expected to produce any signal discontinuity must be coordinated between the parties. Generally, this work should be scheduled after midnight and before 6:00 a.m. local time. Major system work, such as fiber rolls and hot cuts, will be scheduled for PSWP weekends. A calendar showing approved PSWP will be agreed upon in the last quarter of every year for the year to come. The intent is to avoid jeopardy work on the first and last weekends of the month and high - traffic holidays. 7 Restoration. (a) Service Provider shall respond to any interruption of service or a failure of the Dark Fibers to operate (in any event, an "Outage ") as quickly as possible (allowing for delays caused by circumstances beyond the reasonable control of Service Provider) in accordance with the c ocedures set forth herein. (b) When restoring a cut Cable in the Grande System, the parties agree to work together to restore all traffic as quickly as possible. Service Provider, promptly upon arriving on the site of the cut, shall determine the course of action to be taken to restore the Cable and shall begin restoration efforts, Service Provider shall splice fibers tube by tube or ribbon by ribbon or fiber bundle by fiber bundle, rotating between tubes or ribbons operated by the separate Interest Holders (as defined in paragraph 9(a)), including Service Recipient, in accordance with the following described priority and rotation mechanics; provided that, lit fibers in all buffer tubes or ribbons or fiber bundles shall have priority over any dark fibers in order to allow transmission systems to come back on line; and provided further that, Service Provider will contirt'Iue such restoration efforts until all lit fibers in all buffer tubes or ribbons are spliced and all traffic restored. In general, priority among Interest Holders affected by a cut shall be determined on a rotating restoration -by- restoration and Segment -by- Segment basis, to provide fair and equitable restoration priority to all Interest Holders, subject only to such restoration priority to which Grande is contractually obligated prior to the date of the Supplement. Service Provider shall use all reasonable efforts to implement a Grande System -wide rotation mechanism on a Segment -by- Segment basis so that the initial rotation order of the Interest Holders in each Segment is varied (from earlier to later in the order), such that as restorations occur, each Interest Holder has approximately equivalent rotation order positions across the Grande System. Additional participants in the Grande System that become Interest Holders after the date hereof shall be added to the restoration rotation mechanism. (c) The goal of emergency restoration splicing shall be to restore service as 26 GRANDE COMMUNICATIONS NETWORKS, INC CONFIDENTIAL AND PROPRIETARY quickly as possible. This may require the use of some type of mechanical splice, such as the -3N4 Fiber Lock" to complete the temporary restoration. Permanent restorations will take place as soon as possible after the temporary splice is complete. 8. Subcontracting. Service Provider may subcontract any of the maintenance services hereunder; provided that Service Provider shall require the subcontractor(s) to perform in accordance with the requirement and procedures set forth herein. The use of any such subcontractor shall not relieve Service Provider of any of its obligations hereunder. q. Fees and Costs. (a) unscheduled Maintenance Fees. For any Unscheduled Maintenance, the Costs thereof shall be allocated among the various Interest Holders in the conduit, cable an/or fibers affected thereby as follows: (i) Costs of Unscheduled Maintenance solely to or affecting a conduit or cable which houses fibers of a single Interest Holder shall be borne 100% by such Interest Holder; (ii) Costs of Unscheduled Maintenance to or affecting a conduit which houses multiple innerduct conduits, not including such Costs attributable to the repair or replacement of fiber therein, shall be borne proportionately by the Interest Holds in each of the affected innerduct conduits based on the ratio that such affected conduit bears to the total number of affected innerduct conduits, and (iii) Costs of Unscheduled Maintenance attributable to the repair or replacement of fiber, including the acquisition, installation, inspection, testing and splicing thereof, shall be borne proportionately by the Interest Holders in the affected fiber, based on the ratio that the number of affected fibers subject to the interest of each such Interest Holder bears to the total number of affected fibers. All such Costs which are allocated to Service Recipient pursuant to the foregoing provisions shall be the responsibility of and paid by Service Recipient within thirty (30) days after its receipt from Service Provider of an invoice therefor. (b) Costs. "Costs" means the actual, direct costs paid or payable in accordance with the established accounting procedures generally used by each party, as the case may be, and which it utilizes in billing third parties for reimbursable projects, which costs shall include, without limitation, the following: (i) labor costs, including wages and salaries, and benefits and overhead allocable to such labor costs (overhead allocation percentage shall not exceed the lesser of (x) the percentage Service Provider typically allocates to its internal projects or (y) thirty- percent (30 %), and (ii) other direct costs and out -of- pocket expenses on a pass - through basis (e.g., equipment, materials, supplies, contract services, etc.). 10. Term. Service Provider's obligation to perform maintenance on the relevant portion of the Granule System shall be for an initial term expiring one (1) year from contract execution, and uress a different Service Provider is selected by the Interest Holders under a mutually agreed selection process, then Grande shall be the Service Provider. Thereafter, Grande shall have no obligation to provide Scheduled or Unscheduled Maintenance hereunder, but shall be entitled to participate in any process selected by the Interest Holders as a potential Service Provider. 27 GRANDE COMMUNICATIONS NETWORKS, INC. CONFIDENTIAL AND PROPRIETARY That the fore oin ��ii�nance mizad for the first time and passed to its second reading on this the ?J' '{{�day of , 2007, by the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison 4k- Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 2007, 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 , 2007. ATTEST Armando Chapa, City Secretary Henry Garrett, Mayor Approved: 'W'zh l `(, 2VC"7 Lisa Aguilar Assistant City Attorney for City Attorney 9 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: 04/17/07) Case trio. 02*7 -05, Glenn Buller: A change of zoning from a "B -1" Neighborhood Business District and "T -1 B" Manufactured Home Park District to a "B -3" Business District on property described as 0.90 acres out of Lot 1, Bob -Rose Rice Addition 2, located east along Waldron Road and approximately 1,000 feet north of Caribbean Drive. Planorma Commission & Staff's Recommendation (February 21, 2007): Approval of a `B -3" Business District. Requmted Council Action: Approval of a "B -3" Business District. Summary: • Request: The applicant is requesting a change of zoning on 0.90 acres from "B -1" Neighborhood Business District and -T-113" Manufactured Home Park District to a "B -3" Business District to allow for the development of enclosed mini storage buildings. The proposed site layout contains give buildings with a total of 103 storage units. The subject property is located along the east side of Waldron Road. approximately 1,000 feet north of Caribbean Drive. • Existing Land Use: The subject property is currently vacant with 123 feet of frontage along Waldron Road. The commercial property to the north is developed as a Brite N Clean Laundromat. the property to the east is owned by the applicant and is developed as the Sandy Grove mobile home park. Directly south of the subject property is the driveway entrance to the mobile home park and the Van Galen drainage ditch • Comprehensive Plan and Land Use Compatibility: The requested `B -3" District uses are compatible with existing and future uses in the area. The `B -3" Business District is consistent with the future land use map for Flour Bluff. • Transportation: The proposed development will have access on Waldron Road and have minimal impact to the daily trip count for that area. Notifiion: Of the nine (9) 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- cotrovetsial. DM /FGM /bIp Attachments: I) Zoning Report 2) Planning Commission Minutes ( 02/21 /07) �) Ordinance - Pt_N- DtR'SHARED \Beverly2007 (2( 10207 -05 AGENDAMEMO.doc Deborah A. Marroquin, P.E. Interim Director of Development ervices CITY COUNCIL ZONING REPORT Case No.: 0207 -05 City Council Hearing Date: April 17, 2007 at ao Applicant: Glenn Butler c. Owner: Same as Applicant t Agent: Same as Applicant Legal Description/Location. 0.90 acres out of Lot 1, Bob -Rose Rice Addition 2, located east along Waldron Road and approximately 1,000 feet north of Caribbean Drive. r= t a From: "B -1" Neighborhood Business District and "T -1B" Manufactured Home Park District To: ``B -3" Business District Area: 0.90 acres Purpose of Request: To allow for the development of enclosed mini storage buildings. 1 1 Site r North { -B-1" Neighborhood Business District and '`T -1B" Manufactured Home Park District South "R-1B" One - family Dwelling District East "T -1B" Manufactured Home Park District West -R-1C" One - family Dwelling District Zoning "B -1" Neighborhood Business District and -T-1B" Manufactured Home Park District Existing Land Use Vacant Future Land Use Commercial and Mobile Home Park Commercial and Mobile Home Commercial and Mobile Home Park Drainage Corridor and Low- density Residential Mobile Home Park Drainage Corridor and Low - density Residential Mobile Home Park Drainage Corridor and Low- density Residential Drainage Corridor and Low - density Residential Area Development Plan: Flour Bluff; Fhe Future Land Use Map supports mobile home and commercial uses. Map No.: 036029 Zoning Violations: None Zoning Report Case No 0207 -05 (Glenn Butler) Page ? Staffs Summary • Request: The applicant is requesting a change of zoning on 0.90 acres from `B -1" Neighborhood Business District and "T -1B" Manufactured Home Park District to a "B -3" Business District to allow for the development of enclosed mini storage buildings. The proposed site layout contains five buildings with a total of 103 storage units. The subject property is located along the east side of Waldron Road, approximately 1,000 feet north of Caribbean Drive. • Existing Land Use: The subject property is currently vacant with 123 feet of frontage along Waldron Road. The commercial property to the north is developed as a Brite N Clean Laundromat. The property to the east is owned by the applicant and is developed as the Sandy Grove mobile home park. Directly south of the subject property is the driveway entrance to the mobile home park and the Van Galen drainage ditch. • Comprehensive Plan and Land Use Compatibility: The requested "B -3" District uses are compatible with existing and future uses in the area. The `B -3" Business District is consistent with the future land use map for Flour Bluff. • Transportation: The proposed development will have access on Waldron Road and have minimal impact to the daily trip count for that area. Street R.O.W. Street Type Paved Section Volume (2001) 16,180 a.d.p. Waldron Road 1 Arterial Proposed 100' ROW, 54' BB Plat Status The subject property is platted. Department Comments The proposed use and "B -3" zoning is compatible with surrounding properties along Waldron Road. Staff Recommendation Approval of the `'B -3" Business District. Zoning Report Case No. 0207 -05 (Glenn Butler) Page 3 A 0 aCI •v °a • 4,1 ( Approval of the "B -3" Business District cii a 0 40 a 1 Number of Notices Mailed 9 Favor - 1 E E Opposition - 0 U (As of April 5. 2007) Attachments: Zoning Map H \PLN -DlR\ SHARED \Beverly2007 PC\ZONRP I'S \February \CC Reports10207 -05 Glenn Butler.doc 53 1 T -1 B 11 -arm Rural District Residential Estate District One Family Dwelling District One Family Dwelling District One Family Dwelling District One Family Dwelling District Apartment House District Apartment House District Apartment House District Apartment - Tourist District Professional Office District R -TH R -2 T -1A T -18 -1C HC 2 3 SP PUD Case 0207 -05 NOTICE MAP 'swnhouse Dwelling District Multiple Dwelling District Travel Trailer ?ark District Manufactured Home Park District Manufactured Home Subdivision District Historical- Cultural Landmark Preservation ght Industrai District Heavy Industrial Distr -ct Special Perm- Planned Unit Development 8 -1 Neighborhood Business District B -1A Neighborhood Business District B -2A Barrier Island Business District 8 -2 Bayfront Business District 8D Corpus Christi Beach Design Dist. 8 -3 Business District 8 -4 General Business District B -5 Primary Business District B -6 Primary Business Core District I -1 Limited Industrial District NORTH 0 100 200 Feet HK/OSFEBO7 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — February 21, 2007 5:30 P.M. COMMISSIONERS PRESENT: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman Fred Braselton Atilano J. Huerta Evon J. Kelly Johnny R. Martinez Michael Pusley *Arrived at 7:02 p.m. James Skrobarczyk John C. Tamez COMMISSIONERS PRESENT: I. CALL TO ORDER — 5:30 p.m. A quorum was declared present and the meeting was called to order at 5:30 p.m. Ii. APPROVAL OF MINUTES February 7. 2007 STAFF: Debbie A. Marroquin, P.E. Interim Director of Development Services Faryce Goode- Macon, Interim Assistant Director of Development Services/Planning Juan Perales, Jr., PE, Interim Assistant Director of Development Services/ Special Services Miguel S. Saldafia, A1CP, Senior City Planner Dan McGinn, City Planner Mic Raasch, City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary Motion for approval of minutes was made by Commissioner Braselton and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Pusley being absent. V. ZONING 2. New Zoning b. Case No: 0207 -05 Glenn Butler: A change of zoning from a "B -1" Neighborhood Business District and a "T -1B" Manufactured Home Park District to a "B -3" Business District 0.90 acres out of Lot 1, Bob and Rose Rice Addition 2, located east along Waldron Road and approximately 1000 feet north of Caribbean Drive. Dan McGinn presented the above case requesting a "B -3" Business District for the purpose of developing a mini storage facility comprised of five buildings housing 103 storage units. The subject property is 0.90 acres located on Waldron Road with surrounding land uses consisting of low density residential to the west of the subject property, the Van Galen drainage ditch to the south, commercial property to the north and a mobile home park to the east. There Planning ('cmmission Minutes February 21 2007 were nine notices mailed out with one received in favor and zero received in opposition. Staff recommends approval of the "B -3" Business District. Public hearing was opened. No one was in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Tamez and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Pusley being absent. 11 Pi_N- DIR`SHARED1Heverlyv20U- CC\0207 -0's Minute dot: Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GLENN BUTLER, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.90 ACRES OUT OF LOT 1, BOB -ROSE RICE ADDITION 2, FROM "B -1" NEIGHBORHOOD BUSINESS DISTRICT AND "T -1B" MANUFACTURED HOME PARK DISTRICT TO "B -3" BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; 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 Glenn Butler, 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, February 21, 2007, during a meeting of the Planning Commission, and on Tuesday, April 17, 2007, 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 0.90 acres out of Lot 1, Bob -Rose Rice Addition 2, located east along Waldron Road and approximately 1,000 feet north of Caribbean Drive from "B -1" Neighborhood Business District and "T-1B" Manufactured Home Park District to "B -3" Business District. (Zoning Map 036029) (Exhibit) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is arnended 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, 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. Ii: \LEG- DIR1Shared \GaryS\ agenda \2007 \4- 1710rdZoning0207 -05 Glenn Butler reg.doc 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 17th day of April, 2007 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett. City Secretary Mayor, City of Corpus Christi APPROVED: April 11, 2007 4G ry Smith Assistant City Attorney For City Attomey H: \LEG DIR \Shared \GaryS\ agenda \2007 \4- 17 \OrdZoning0207 -05 Glenn Butler reg.doc Page 3 of 3 Corpus Christi, Texas day of . 2007 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, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jury Garcia V�Iiam Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H:\LEG- DIR\Shared \GarySl agenda 12 0 0 714- 1 71OrdZoning0207 -05 Glenn Butler reg.doc z r ft LI,4\ r.S1 • +NI t2 cia I ;0..e 2, L ro 10 V!. AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: 04/17/07) Case 1 p. 0307 -02, DB Ventures LLC: A change of zoning from a "B -3" Business District to a "B -4" General Business District on property described as Flour Bluff Estates, Block K, Lots 14, 15, 16, 17, 8. 23, 24. 25, 26, and 27, located approximately 100 feet north of South Padre Island Drive, between Recreation Drive and East Lakeside Drive. Plannimg Commission & Staff's Recommendation (March 7, 2007): Approval of a `B -4" General Business District. Requested Colwell Action: Approval of a "B -4" General Business District. Summary: • The applicant is requesting a change of zoning on 1.1478 acres from a "B -3" Business District to a '`B-4" General Business District to allow for the development of speculative mixed commercial and multi- family residential uses. The "B -3" Business District does not permit residential uses. • The subject property is approximately 100 feet north of South Padre Island Drive, between Recreation Drive and East Lakeside Drive. The subject property fronts both Recreation Drive and East Lakeside Drive and is outside of the Naval Air Station AICUZ flight hazard area. • Existing Land Use: The subject property is vacant and is located in Flour Bluff Estates, Block K, Lots 14 -18 and 23 -27 • Utilities: The proposed development will be required to have City water and wastewater services. • Transportation: Development of this property with approximately 30 multi - family residential units could generate approximately 300 vehicle trip ends per day. The subject property is located between East Lakeside Drive, a collector street, and Recreation Drive, a local street. Notific4on: Of the fourteen (14) notices mailed to the surrounding property owners, one (1) was returned in favor and one (1) was returned in opposition. The 20% rule is not invoked. This case is considered non - controversial. Wiit/41 44't CK Deborah A. Marroquin, P.E. Interim Director of Development Services DM/FGM/blp Attach nts: 1) Zoning Report 2 Planning Commission Minutes (03/7/07) t) Ordinance H PLN- r7IR\SHARED\Beverly'2007 CC 1307 -02 AGF NDAMEMO.doc CITY COUNCIL ZONING REPORT Case No.: 0307 -02 City Council Hearing Date: April 17. 2007 li L. H Applicant: DB Ventures LLC Owner: Chili Pepper Properties Agent: Renato A DePaolis Legal Description /Location: Flour Bluff Estates, Block K, Lots 14, 15, 16, 17, 18, 23, 24, 25, 26, and 27. located approximately 100 feet north of South Padre Island Drive between Recreation Drive and East Lakeside Drive. From: "B -3" Business District To: "B -4" General Business District Area: 1,1478 acres Purpose of Request: To allow for mixed commercial and residential uses. Existing Zoning and Land Uses Zoning f Site { `B -3" Business District Commercial North "R -1 B" One - Family' Dwelling District Existing Land Use South "B -4" General Business District East ' "R -1B" One - Family Dwelling District West "B -4" General Business District Future Land Use Commercial Vacant Commercial and Low- Density } Residential Low - Density Residential Vacant Commercial Water and Low - Density Residential Commercial (Se' Air Motel) and Vacant Commercial Commercial Area Development Plan: Flour Bluff: The future land use plan supports mixed commercial and medium to high density residential uses in this area of the South Padre Island Drive corridor. Map No.: 034031 Zoning Violations: None �ning Repor `ase No. 020 " -02 (db Ventures Page '' ea E E a • The applicant is requesting a change of zoning on 1.1478 acres from "B -3" Business District to "B -4" General Business District to allow for the development of speculative mixed commercial and multi - family residential uses. The "B -3" Business District does not permit residential uses. • The subject property is approximately 100 feet north of South Padre Island Drive, between Recreation Drive and East Lakeside Drive. The subject property fronts both Recreation Drive and East Lakeside Drive and is outside the Naval Air Station AICIJZ flight hazard area. • Existing Land Use: The subject property is vacant and is located in Flour Bluff Estates, Block K, Lots 14 -18 and 23 -27. • Utilities: The proposed development will be required to have City water and wastewater services. • Transportation: Development of this property with approximately 30 multi - family residential units could generate approximately 300 vehicle trip ends per day. The subject property is located between East Lakeside Drive, a collector street, and Recreation Drive, a local street. The subject property is located approximately 100 feet north of South Padre Island Drive. Street R.O W Street East Lakeside Drive ape Secondary Collector Recreation Drive ! Local Access South Padre Island !Freeway Drive Paved Section Existing 60' ROW, 18' pavement width, Proposed 65' ROW, 40' BB Existing 50' ROW, 18' pavement width, Proposed pavement width 28' BB Volume (2001) Not Available Not Available 400' ROW 49,260 ADT a The subject property is platted. toning Keport C ase No 0307-02 (db Ventures Ilc) Page The proposed uses and rezoning of the property are a logical extension of the "B -4" £ zoned property along South Padre Island Drive. This subject property is outside the Air E Installation Compatibility Use Zone (AICUZ) of the Corpus Christi Naval Air Station. See Attachment 2 AICUZ map with location of subject property. Recommendation Approval of the "B -4' General Business District. _1 c wi c '�I E Approval of the "B -4" General Business District. aoi w 0 Number of Notices Mailed 14 °' Favor 1 E 'a, E a Opposition - 1 o ▪ a ; (As of April 5.2007) Attachments: Zoning Map AICUZ Map Zoning Report Case No 0307 -02 (db Ventures lic Page 4 NAS Air Installation Compatibility Use Zones (AICUZ) Laguna Madre nt Potential PZ -1) caiden ontial -2)� Accident Potential Zone (APZ -2) Subject Property ti Data Updated 2/15/2007 54 7 10 4 3 Case 0307 -02 - -R R` 4A 7 1A 4 18 4 SC 1 4 1,4 4 2 A,. 14 F arrn Rura: District Resedentia. Estate Distr ci One Family Dwelling District One Farm!, Dwelling District One Farm,. Dwelling ;Dstrct One Famir: Dwelling District Apartment House District Apartment House District Apartment House Dist- r Apartment Tourist Drstr-C! P. JfessMndl Office Distr c'. NOTICE MAP 4 ' Townhouse Dwelling District R Multiple Dweil,ng District Travel Tri:ier Park District T • 3 Manu`act ;red eume Park District Manufactried -orne Subdivision District a'. Historical ult.lra 1. Landmark P^eservation '_.ght L" ".;;;Stria: '_.astr Ct Heavy 1 lustrldl District S= Special Permit al Planned -rot Development 8 -1 Neighborhood Business District 13-1A Neighborhood Business District B -2A Barrier Island Business District B -2 Bayfront Business District BD Corpus Christi Beach Design Dist. 8 -3 Bus ness District B -4 General Business District 8 -5 Primary Business District B -6 Primary Business Core District I -1 Limited Industrial District NOR 0 100 200 Feet HK /19FEB07 I. II. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — March 7, 2007 5:30 P.M. COMMISSIONERS PRESENT: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman Fred Braselton Atilano J. Huerta Evon J. Kelly Johnny R. Martinez Michael Pusle} *Arrived at 5:46 p.m. John C. Tamez COMMISSIONERS ABSENT: James Skrobarczyk STAFF: Debbie A. Marroquin, P.E. Interim Director of Development Services Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Juan Perales, Jr., PE, Interim Assistant Director of Development Services/ Special Services Miguel S. Saldaiia, AICP, Senior City Planner Dan McGinn, City Planner Mic Raasch, City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary CALL TO ORDER — 5:30 p.m. A quorum was declared and the meeting was called to order at 5:30 p.m. APPROVAL OF MINUTES February 21, 200' Motion for approval of minutes was made by Vice - Chairman Garza and seconded by Commissioner Tamez. Motion passed unanimously with Commissioners Skrobarczyk and Pusley being absent. Case No. 0 107 -02 DB Ventures LLC: A change of zoning from a `B -3" Business District to a "B-4" General Business District Flour Bluff Estates, Block K, Lots 14, 15, 16, 17, 18, 23, 24, 25, 26 and 2 -, located north of South Padre Island Drive, between Recreation Drive and East Lakeside Drive. Mic Raasch presented the above case for the development of mixed commercial and multi- family uses. The `B -3" Business District does not allow for residential uses, therefore, the applicant is requesting a "B -4" General Business District. The subject tract is located outside of the Navy Accident Potential Zones and conforms to the Future Land Use Plan. Staff recommends approval of the change of the zoning to "B -4" General Business District in order to develop the property with commercial multi - family uses. There were fourteen notices mailed out with one received in favor and one received in opposition Public hearing was opened. Planning Commission Minutes February 21, 2007 No one was present in favor or opposition. Public hearing was closed. Motion for approval of was made by Commissioner Braselton and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Skrobarczyk being absent. H P1 N- D1R \SHARED\Beverly\2007 CC Mar '07\0307-02 Minutes.doc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DB VENTURES, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF ESTATES, BLOCK K, LOTS 14, 15, 16, 17, 18, 23, 24, 25, 26, AND 27, FROM "B -3" BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COIIIREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations conceming the application of DB Ventures, LLC, for amendment to the Cty of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 7, 2007, during a meeting of the Planning Commission, and on Tuesday, April 17 2007, 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 Flour Bluff Estates, Block K, Lots 14, 15, 16, 17, 18, 23, 24, 25, 26, and 27, located north of South Padre Island Drive, between Recreation Drive and East Lakeside Drive from "B -3" Business District to "B -4" General Business District. (Zoning Map 034031) 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. SECTN 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, 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. H:\ LEG -D1R\ Shared \GaryS\ agenda \200714- 171OrdZoning0307 -02 db Ventures Ilc.doc 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 ordi;nanoe 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 17th day of April, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett. City Secretary Mayor, City of Corpus Christi APPROVED: April 11, 2007 Gay 1p/. Smith Assistant City Attorney For City Attorney H \LEG- DIR1Shared \GaryS\ agenda \2007 \4- 171OrdZoning0307 -02 db Ventures Ilc.doc Page 3 of 3 Corpus Christi, Texas day of 2007 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, 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 Melody Cooper Jesse Noyoila Mark Scott H:\LEG- DIR\Shared \GaryS\ agenda \2007\4- 171OrdZoning0307 -02 db Ventures Ilc.doc 11 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: 04/17/07) Case Va. 0247 -06, MER Invotments, LLC: A change of zoning from a "F -R" Farm -Rural District to a "B -4" General Business District on property described as 1 0,000 acres out of a 259.98 acre tract of land out of The Gregorio Farias Gram, Abstract 592, located east along U.S. Highway 77 and approximately 7,000 feet south of Up River Road Plane Coemission & Staf'f's Recommendation (February 21, 2007): Approval of a `B -4" General Business District. Requipted Council Action: Approval of a "B -4" General Business District. Summary: • Request: The applicant is requesting a change of zoning on 10.0 acres from a "F -R" Farm -Rural District to a "B -4" General Business District to allow for the development of an auto dealership. The sthject property is located along the east side of U.S. Highway 77, approximately 4,500 feet south of Northwest Boulevard • Existing Land Use: T'he subject property is vacant and is being subdivided out of a larger undeveloped tract of land. The closest development is a manufactured home park approximately 1,000 feet to the north. The property to the west across US 77 is an undeveloped agricultural tract of land outside of the city limits. • The purpose of the "B -4" General Business District is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along highways and arterial streets serving a general mixture of commercial and service activity. The "B-4" District allows uses such as restaurants, bars, hotels, motels, boat and auto sales, and enclosed mini- storage. • Utilities: The proposed development will have water and wastewater connections. • Transportation: The subject property will have direct access to the feeder road for U.S. Highway 77. TXDOT will review and approve all points of entry from the subject property to the access road. • This portion of the U.S. Highway 77 corridor has recently undergone improvements to both the elevated highway and access road which have improved accessibility and safety for surrounding properties. The traffic from the proposed commercial development will have minimal impact on the transportation network in that area. • Comprehensive Plan and Land Use Compatibility: The commercial land use is consistent with the Future Land Use map. The Corpus Christi Policy Statements indicate that major commercial uses and zoning should be located along arterial streets and highways. Agenda Memoranduni Case No 0207 -06 (MER investments. LL( Page 2 Noficatios: Of the one notice mailed to the surrounding property owners, one (1) was returned in favor and zero (0) was returned in opposition. The 20% rule is not invoked. This case is considered non- controversial. ~ % �, -e Deborah A. Marroquin, P.E. Interim Director of Development Services DM/FG M/blp Attachmgsts: 1 ? Zoning Report 2 i Planning Commission Minutes (02/21 /07) 3 ; Ordinance H ,PLN -DTR \SHARED \Beverlvv2007 CC \0207 -06 AGENDAMEMO doe CITY COUNCIL ZONING REPORT Case Ne.: 0207 -06 City Connell Hearing Date: April 17. 2007 Applicant & Legal Description Applicant: MER Investments, LLC Owner: Same as Applicant Agent: Urban Engineering Legal Description/Location: 10.000 acres out of a 259.98 acre tract of land out of The Gregorio Farias Grant, Abstract 592, located east along U.S. Highway 77 and approximately 7,000 feet south of Up River Road. Zoning Request From: "F -R" Farm -Rural District To: "B -4" General Business District Area: 10.0 acres Purpose of Request: To allow for an auto dealership. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "F -R" Farm -Rural District Vacant Commercial North "F -R" Farm -Rural District Vacant Commercial South "F -R" Farm -Rural District Vacant Commercial East "F -R" Farm -Rural District Vacant Mobile Home West (OCL) Outside City Limits Vacant Commercial ADP, Map & Violations Area Development Plan: Northwest; The Future Land Use Map supports commercial development. Map No.: 066049 Zoning Violations: None Zoning Report Case No 0207 -06 (MER Investments LLC Page' Staffs Summary • Request: The applicant is requesting a change of zoning on 10.0 acres from an "F- R" Farm -Rural District to a "B -4" General Business District to allow for the development of an auto dealership. The subject property is located along the east side of 1 ".S. Highway 77. approximately 4,500 feet south of Northwest Boulevard. • Existing Land Use: The subject property is vacant and is being subdivided out of a larger undeveloped tract of land. The closest development is a manufactured home park approximately 1,000 feet to the north. The property to the west across US 77 is an undeveloped agricultural tract of land outside of the city limits. • The purpose of the "B -4" General Business District is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along highways and arterial streets serving a general mixture of commercial and service activity. The "B-4" District allows uses such as restaurants, bars .. hotels, motels, boat and auto sales, and enclosed mini - storage. • Utilities: The proposed development will have water and wastewater connections. • Transportation: The subject property will have direct access to the feeder road for 1. S. Highway 77 TXDOT will review and approve all points of entry from the subject property to the access road. • This portion of the U.S. Highway 77 corridor has recently undergone improvements to both the elevated highway and access road which have improved accessibility and safety for surrounding properties. The traffic from the proposed commercial development will have minimal impact on the transportation network in that area. • Comprehensive Plan and Land Use Compatibility: The commercial land use is consistent with the Future Land Use map. The Corpus Christi Policy Statements indicate that major commercial uses and zoning should be located along arterial streets and highways. Street Type U.S. Highway 77 Freeway Paved Section 400' ROW Volume (2001) 30,110 a.d.p. The subject property is not platted. Zoning Report Case No. 0207 -06 (MER Investments, LLC Page 3 Department Comments The proposed commercial use of the subject property is consistent with the adopted future land use map for the U.S. Highway 77 corridor. Staff Recommendation Approval of the "B-4" General Business District. Planning Commission Recommendation Approval of the "B-4" General Business District. Comments Received Number of Notices Mailed 1 Favor - 1 Opposition - 0 (As of April 5. 2007) Attachments: Zoning Map H:':PLN- DIR\SHARED\Beveriy 2007 PC`ZONRPTS \February,C:C Reports \0207 -06 MER Investments. LLC.doc L FARIAS G. G ABSTRACT 592 C. GIN T'�• F -R B-4 HERITAGE WE CDunRy -F-ARIAS G. G ' a NT ABSTRAC 592 F -R GRANT CT 592 O.C.L. IMPAIMAT Salt F-R Fann Rural District RE Residonlial Estate District RA One Family Dwelling District 11-1A One Fundy Dwelling Distinct R18 One Family Dwelling Distrct R -1C One Family Dwelling Distract 0207 -06 R -TH Townhouse Dwelling District R -2 Mumsple Dwelling Distract T -I A Travel Trailer Park District T -18 Manufactured Home Park District T -1C Manufactured Home Subdivision District A -1 Apartment House District A -1A Apartnent House District A -2 Apartment House District AT Apartment-Tourist District AB Professional Office District NOTICE MAP 8 -1 Neighborhood Business District B -1 A Neighborhood Business District B -2A Barrier island Business District 13-2 Bayfront Business District BD Corpus Christi Beach Design District B1 Business District 13-4 Genial Business District B-5 Primary Business District B-6 Primary Business Core District 1 -1 Limited Industrial District 1-2 LigM Industrial District W Heavy Industrial District SP Spacial Permit PUD Planned Unit Developm.M HC Historical - Cultural landmark Preservation wi N s 0 175 350 700 Feet I. II. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — February 21, 2007 5:30 P.M. COMMISSIONERS PRESENT: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman Fred Braselton Atilano J. Huerta Evon J. Kelly Johnny R. Martinez Michael Pusley *Arrived at 7:02 p.m. James Skrobarczyk John C. Tamez COMMISSIONERS PRESENT: CALL TO ORDER — 5:30 p.m. A quorum was declared present and the meeting was called to order at 5:30 p.m. APPROVAL OF MINUTES February 7, 2007 STAFF: Debbie A. Marroquin, P.E. Interim Director of Development Services Faryce Goode - Macon, Interim Assistant Director of Development Services /Planning Juan Perales, Jr., PE, Interim Assistant Director of Development Services/ Special Services Miguel S. Saldafia, AICP, Senior City Planner Dan McGinn, City Planner Mic Raasch, City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary Motion for approval of minutes was made by Commissioner Braselton and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Pusley being absent. V. ZONING Case No. 0207 -06 MER, LLC: A change of zoning from a "F -R" Farm -Rural District to a "B -4" General Business District 10.000 acres out of a 259.98 tract of land out of The Gregorio Farias Grant, Abstract 592, located east along U.S. Highway 77 and approximately 7000 feet south of Up River Road. Dan McGinn presented the above case requesting a "B -4" General Business District for the purpose of developing an auto dealership. The subject property is ten acres of vacant land divided out of a 159 acre tract and is located east of U.S. Highway 77 and south of Northwest Boulevard. The surrounding land use consists of primarily vacant land with agricultural to the west and a manufactured home park approximately 1,000 feet to the north. The future land use map is consistent with this request. Staff recommends approval. Planning Commission Minutes February 21. 2007 Public hearing was opened. No one was in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Huerta and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Pusley being absent. H :At'L.N- D1R\SHAREI\Beverlv12007 C'C \(207 -06 Minutes doc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BYR INVESTMENTS, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 10.000 ACRES OUT OF A 259.98 ACRE TRACT OF LAND OUT OF THE GREGORIO FARIAS GRANT, ABSTRACT 592, FROM "F -R" FARM -RURAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEIEAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of MER Investments, 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, February 21, 2007, during a meeting of the Planning Commission, and on Tuesday, April 17, 2007, 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 WHEFEAS, 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 10.000 acres out of a 259.98 acre tract of land out of The Gregorio Farias Grant, Abstract 592, located east along U.S. Highway 77 and approximately 7000 feet south of Up River Road from "F -R" Farm -Rural District to "B -4" General Business District. (Zoning Map 066049) (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, 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. H 1 LEG- D1R\ SharedlGaryS\ agenda12007 14- 171OrdZoning0207 -06 MER reg.doc 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 17th day of April, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett. City Secretary Mayor, City of Corpus Christi APPROVED: April 11, 2007 {{r1t ry V. Smith Assistant City Attorney For City Attorney - 1:\LEG- DIR1Shared \GaryS\ agenda \2007 \4- 17 \OrdZoning0207 -06 MER reg.doc Page 3 of 3 Corpus Christi, Texas day of 2007 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, 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 Melody Cooker Jesse Noyola Mark Scott H:\ LEG- ONR \Shared\GaryS\ agenda \2007\4- 17 \OrdZoning0207 -06 MER reg.doc T3'N11'0 'CZ lid 'L441 'lo/) lumwiso3 Attiot nwM opal VIES *MM rn 12 AGENDA MEMORANDUM AGENDA ITEM: April 17, 2007 a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by MER Investments, LLC, owner and developer of MER Subdivision, Block 1, Lot 1 located east of U.S. Highway 77 and south of County Road 52 for the installation of 1,600 linear feet of 12 -inch PVC water grid main; and b Ordinance appropriating $173,472.75 from the Arterial Transmission & Grid Main Trust Fund No. 540450- 21805 -4030 to reimburse MER Investments, LLC for the installation of 1,600 linear feet of 12- inch PVC grid main to develop MER Subdivision. Block 1, Lot 1; and declaring an emergency. ISSUE: MER Investments, LLC, owner and Developer of MER Subdivision, Block 1, Lot 1, will start the installation of 1,600 linear feet of 12 -inch PVC water grid main, once the City Council approves the Arterial Transmission and Grid Main Construction and Reimbursement Agreement and appropriates funds to pay for the installation from the Arterial Transmission and Grid Main Trust Fund in compliance with the Platting Ordinance. RECOM*ENDATION: Staff recommends approval of the motion and ordinance as presented. Deborah A. Marroquin, P.E. Interim Director of Developmen Attachments: Exhibit A Ext*it B Exhthit C Exhibit D Exhibit E Exhibit F Background Information Location Map Schemac 12" Proposed Waterline Application for Waterline Reimbursement Waterline Cost Estimate Arterial Transmission and Grid Main Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of MER Subdivision, Block 1, Lot1 (Exhibit B) requires a total extension of 1,600 linear feet of 12 -inch PVC water grid main along the east side of U.S. Highway 77. The proposed 12 -inch water grid main begins at the existing 12 -inch water line previously installed by others and extends south, along U.S. Highway 77 approximately 1,600 linear feet terminating at the MER Subdivision south property line (E)dibit C). The 12 -inch water grid main is consistent with the City's 1997 Water Distribution System Master Plan. The developer submitted an Arterial Transmission and Grid Main Construction and Reimbursement Agreement (Exhibit F) and supporting documentation in compliance with provisions of the Platting Ordinance. The Application for Water Line Reimbursement (Exhibit D) and supporting cost documentation is attached. The total construction cost submitted by the developer for the installation of 1,600 linear feet of 12 -inch PVC water grid main is $173,472.75 (Exhibit E). Reimbursement is payable upon completion and acceptance of the water grid main work with the actual reimbursement determined on the actual construction cost, not to exceed $173,472.75. Exhibit A Page 1 of 1 N.T.S. WATERLINE REIMBURSMENT LAN A REP Ews As _OCAT1O N MAP 2007 U.E. JOB N0. 403SS.A7.00 Exhibit B Page 1 of 1 APPLICATION FOR WATERLINE REIMBURSEMENT We, /OR Investments) LC , hereby request reimbursement of $173,472.75_ for the installation of the water grid main in conjunction with platting Lot 1, Block 1, 10.00 acres of land out of a 259.98 acres tract of land of the Gsegorio Farias Grant, as provided for by City Ordinance No. 17092. Said $173,472.75 is the construction cost, including 7 -1t2% engineering, and 10% contingency, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. MER INVESTMENTS, LLC Mike Shaw, Manager THE STATE OF COLORADO a COUNTY OF DENVER ❑ This instrument was acknowledged before me on `J , 2007, by Mdse Shaw, Manager of MER Investments LLC. Notary Public in and for Denver _ 1.c_y 14-1,1,4,44 CERTIFICATION unty, Colorado le 2-0 The information submitted with the application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) suency of funds in the Grid Arterial Mains Trust Fund and (b) appropriate/and approv 1 by the C. Council. kJ/04i ;61/4- Development Services Engineer (Date) Exhibit D Page 1 of 1 Engineer Rhodes C. Urban By mn PRELIMINARY WATERLINE COST ESTIMATE FOR MIKE SHAW TOYOTA Date: 3/28/2007 Job No. 40355.A7.00 1TE , DEscRwrKK— QUAN. UNIT UNIT UNIT PRICE COST 1 12")VC C-900 1,600 LF $49.00 $78,400.00 2 Fire Hydrant Assembly 6 EA $3,800.00 $22,800.00 3 12" Gate Make and Box 3 EA $1,900.00 $5,700.00 4 12"taprolth 2" Blow-off Valve and Riser 1 EA $650.00 •$650.00 5 12" Ductile Iron Pipe 45 Degree Bend(MJ) 4 EA $850.00 $3,400.00 12"ouctile Iron Pipe 95 LF $70.00 $6,650.00 7 24" Steel Casing & Casing Seals 80 LF $330.00 $26,400.00 8 _ ,Tie to Existing Waterline 12" PVC C-900 1 EA $2,700.00 $2,700.00 Waterline Improvements Sub-Total $146,700.00 Engineering Fee (47.5% $11,002.50 Contingency©10% $15,770.25 • -,- TOTAL ESTIMATED IMPROVEMENTS COSTS: $173,47215 Wateditse Est Roy Urban Engineering 2725 SIP/anther Corpus Christi, TX 78404 1-361-854-3101 ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi (hereinafter "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and MER Investments, LLC, 1080 South Colorado Boulevard, Denver, Colorado 80222 (hereinafter "Developer "). WHEREAS, Developer in compliance with the City Platting Ordinance, filed a plat to develop a tract of land of approximately 10.00 acres called MER Subdivision, Block 1, Lot 1, located east of U.S Highway 77 and south of County Road 52, as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a 12 -inch PVC grid main; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a 12 -inch PVC grid main; WHERE AS, it is essential that the 12 -inch PVC grid main be constructed along U.S. Highway 77, in connection with MER Subdivision for it will provide future service connections to the east; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch PVC grid main needed for MER Subdivision in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2 PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the 12 -inch PVC grid main, as shown in Exhibit 2, with the following basic design: (1) Install 1,600 linear feet of 12 -inch PVC grid main. (2) Install 6 (six) Fire Hydrant Assemblies. I Exhibit F 1 of 6 (3) Install 3 (three) 12 -inch Gate Valves and Boxes. (4) Install 1 (one) 12 -inch Cap with 2 -inch Blow -Off Valve and Riser. (5) Install 4 (four) 12 -inch Ductile Iron Pipe 45 Degree Bends (MJ). (6) Install 95 linear feet 12 -inch Ductile Iron Pipe. (7) Install 80 linear feet 24 -inch Steel Casing and Casing Seals. (8) Install 1 (one) Tie to Existing 12 -inch PVC C -900 Waterline. The 12 -inch PVC grid main will be constructed beginning at the existing 12- inch water line previously installed by others and extends south, along U.S. Highway 77 approximately 1,600 linear feet terminating at the MER Subdivision south property line. b. The plans and specifications shall comply with City Standard Water Detail Sheets and Standard Specifications. c. Before the Developer begins construction, the plans and specifications must be approved by the Development Services Engineer. 3 SITE IMPROVEMENTS Pror to construction of the 12 -inch PVC grid main, the Developer shall acquire and dedicate to the City the required utility easement or right -of -way for the installation of the 12 -inch PVC grid main. 4 PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance. 5 DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and include within the contract that the 12 -inch grid main shall be constructed in accordance with the approved plans and specifications and completed by April 30, 2008. 6 TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7 DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10th calendar day after the date of approval by City Council. 2 of 6 b. Developer's professional engineer fails to submit the construction plans and specifications to the City's Development Services Engineer by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before April 30, 2008. e. In the event of default, the City shall have all its common law remedies in addition to the following: Cancellation of this reimbursement agreement without notice or cure. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. TI 2D -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project shall provide that the City shall be a third party beneficiary of each contract. 9 PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond shall comply with Texas Government Code, Chapter 2253 and shall be in the form and substance as attached hereto. The performance and payment bond shall name Developer and City as joint obligees. 10. NOTICE. Should Developer fail to perform any obligation or duty of this agreement, the City shall give mice to Developer, at the address stated above, of the need to perform such obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. Developer will pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such performance. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery delivery prepaid; or by personal delivery. In the 3 of 6 alternative, in the event of Developer's failure to cure any such breach after notice, the City may terminate this agreement. The provision for notice and cure contained herein shall not apply to a default under paragraph 7 hereinabove. 11. WARRANTY. Developer shall have contractor execute a warranty of the workmanship of and function of the arterial transmission line and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Said warranty will be assigned and transferred to the City upon completion of this project. 12. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 12 -inch PVC grid main, upon satisfactory completion and testing in compliance with approved plans and specifications, and final acceptance not to exceed $173,472.75. See Cost Estimate attached hereto as Exhibit 3. b The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 12 -inch PVC grid main by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction of the 12 -inch grid main. 13. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without lkmitation workers compensation, personal injury or death, arising from or incident to this 12 -inch PVC grid main construction. 14. This agreement is a covenant running with the land, MER Subdivision, Block 1, Lot 1, a subdivision in Nueces County, Texas, and shall be recorded in the Official Public Records of Nueces County, Texas. 15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 4 16. EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. 4 of 6 EXECUTED IN DUPLICATE originals, this day of , 2007. ATTEST CITY OF CORPUS CHRISTI By: Armando Chiva, City Secretary George K. Noe, City Manager APPROVED: day of ' �� , 2007 By: c -..�titi 'Ga Lis, Assistant City A orney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES U This instrument was acknowledged before me on , 2007, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas 5 of 6 DEVELOPER: MER Investments, LLC By: Michael J. Shaw Manager THE STATE OF Tca COUNTY OF This instrument was acknowledged before me oni/ 06 , 2007, by Michael J. Shaw, Manager, MER Investments, LLC. 6 of 6 piCITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". FIRST NAME: f i%C /e STREET /Q S . e(14 (A-b6 CITY: ,JJt'k✓e2 CO ZIP: RV FIRM IS f. Corporation 02. Partnership 03. Sole Owner 04. Association 05. Other DISCLOSURE QUESTIONS If additional space is necessary. please use the reverse side of this page or attach separate sheet. 1 State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name // Job Title and City Department (if known) State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Win Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name 11)/// Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the ownership in the above named "firm" Name Consultant CERTIFICATE 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of ay information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: %/)) 1 2 / J J / L) Title: (Type or Print) Signature of Certifying Person ?�✓..c%`'.i ,'��„✓ Date: e / 1/ N.T.S. WATERLINE REIMBURSMENT PLAN LOCATION MAP MARCH, 2007 BAN ENGINEERING CORPUS CHRISM TEXAS 1 U.E. JOB NO. 40355A7.00 ©. Exhibit 1 age 1 of 1 Engineer Rhodes C Urban By rrrn PRELIMINARY WATERLINE COST ESTIMATE FOR MIKE SHAW TOYOTA Date: 3/28/2007 Job No. 40355.A7.00 ITEM DESCRIPTION QUAN. UNIT UNIT UNIT PRICE COST 1 12" ltVC C400 1,600 LF $49.00 $78,400.00 2 Fire , drant Assembly ' 6 EA $3,800.00 $22,800.00 3 12" = to = and Box 3 EA $1,900.00 $5,700.00 4 12" 2" Blow -off Valve and Riser 1 EA $650.00 .$650.00 5 12" * uctiIe rDn Pipe 45 Degree Bend(MJ) 4 EA $850.00 $3,400.00 6 12' !. «, = ken Pipe 95 LF $70.00 $6,650.00 7 .24" Gael ng 8 Casing Seals + 80 LF $330.00 $26,400.00 8 Tie b Exi_ Waterline 12" PVC C -900 1 EA $2,700.00 $2,700.00 Waterline Improvements Sub - Total; $146,700.00 Engineering Fee 07.5%1 $11,002.50 Continency (1)10% i $15,770.25 TOTAL ESTIMATED IMPROVEMENTS COSTS: $173,472.75 Waterline. Est Rev Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361 -854 -3101 [Exhibit 3 age 1 of 1 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". FIRST NAME: ,/ s`d CJ- c. STREET CITY: ZIP: FIRM IS Llar Corporation 02 Partnership 03. Sole Owner 04. Association 05. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet State the names of each "employee" of the City of Corpus Christi having an "ownership interest constituting 3% or more of the ownership in the above named "firm ". Nara! Job Title and City Department (if known) State the narnes of each "official' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Title ti //- State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Board, Commission, or Committee 4 State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the ownership in the above named "firm Name /A CERTIFICATE Consultant I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur Certifying Person: --Se 7// r7`ctT (Type or Print) Title: �t ©`sj S��T Signature of Certifying Person: Date: 3/3e/e? Exhibit 4 Page 1 of 2 AN ORDINANCE APPROPRIATING $173,472.75 FROM THE ARTERIAL TRANSMISSION 8 GRID MAIN TRUST FUND NO. 540450- 21805 -4030 TO REIMBURSE MER INVESTMENTS, LLC, FOR THE INSTALLATION OF 1,600 LINEAR FEET OF A 12 -INCH PVC GRID MAIN TO DEVELOP MER SUBDIVISION, BLOCK 1, LOT 1; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $173,472.75 is appropriated from the Arterial Transmission & Grid Main Trust Fund No. 540450 - 21805 -4030 to pay MER Investments, LLC, for the installation of 1,600 linear feet of a 12 -inch PVC grid main to develop MER Subdivision, Block 1, Lot 1 located along the east side of U.S. Highway 77, and south of County Road 52. SECTION 2. 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 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 17th of April, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: April 11, 2007 B ary W. Smith Assistant City Attorney For City Attorney Henry Garrett Mayor H :\LE G -DIR1 Shared \Ga ryS\agenda\ 2007 \4 -17\O rd- AppropM ER- water.doc Page 2 of 2 Corpus Christi, Texas Day of , 2007 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 Brent Chesney Joan E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:1LEG -DIR\ Shared\ GaryS\ agenda1200714- 171Ord- AppropMER- water.doc 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 17, 2007 AGENDA ITEM: Resolution of the City Council of the City of Corpus Christi, Texas, requesting that the 80th Texas Legislature consider exempting the 1-69 International Trade Corridor from any restrictions or moratoriums on transportation projects. IS$ JE AND BACKGROUND: The City of Corpus Christi has long been a member of the Alliance for I -69 Texas. This alliance, made up of cities and counties along the proposed 1-69 Trade Corridor has strongly supported the 1 -69 project because of its significant economic benefits to our region as well as all of Texas. Over the last ten years, the Texas congressional delegation has secured over $55 million in funding for various studies of the project. Studies indicate that the cost to complete the project will be in the range of $12 to $15 billion and will undoubtedly require public/private partnership agreements forthe project to be financially undertaken. Unfortunately, a number of recently proposed transportation projects have drawn very significant opposition, which has caused the 809 Texas Legislature to consider moratoriums or restrictions on the use of the public /private partnerships to provide time to conduct legislative reviews. In considering the moratoriums or restrictions, the legislature has exempted from the delays projects in North Texas that have also been under consideration for a number of years. In order for the 1-69 project to continue moving forward, the project should be exempted from moratoriums or restrictions as has been done with the North Texas projects. The City has been asked to join with other cities and counties of the Alliance for 1 -69 Texas to request such an exemption for the project from the 80th Texas Legislature. COWCLUON AND RECOMMENDATION: While staff recognizes the strong opposition being heard by the leglature from other areas of Texas concerning a number of newly proposed transportation projects, the 1 -69 Trade Corridor Project has been progressing fora number of years, has generated and maintains significant support from a number of cities and counties along the proposed route and has generated significant dollars from the federal government for the required studies for the project. We believe that it is appropriate to join with the other cities and counties along the proposed route to request that the 80th Texas Legislature exempt the 1-69 project from any moratoriums and restrictions in the same manner as has been done for the projects in North Texas. A proposed resolution is attached. Ronald Massey Assistant City Manager Attachment DRAFT RESOLUTION REQUESTING THAT THE 80th TEXAS LEGISLATURE CONSIDER EXEMPTING THE 1-69 INTERNATIONAL TRADE CORRIDOR FROM ANY RESTRICTIONS OR MORATORIUMS ON TRANSPORTATION PROJECTS WHEREAS, the City of Corpus Christi is a member of the Alliance for 1 -69 Texas, a 501 (c) (6) organization created in 1993 to further the development of Interstate 69 as an international trade corridor most directly connecting Mexico, the United States and Canada, WHEREAS, there is long- standing local, state and federal support for the development of the 1 -69 Project, and in the last ten years the Texas congressional delegation has successfully secured over $55 million in federal funding for required environmental studies, rights of way and construction; WHEREAS, there has been generated over the years significant support of the 1 -69 Project from virtually all cities and counties along the proposed route; WHEREAS, traditional methods of highway funding are not expected to be adequate to cover the $12 to $15 billion dollars anticipated to be needed to compete construction of the project and various tools enacted by previous sessions of the Texas Legislatures to assist in building transportation projects in Texas such as private financing through public /private partnerships may be necessary; and WHEREAS, the 80th Texas Legislature has been faced with strong opposition to a number of newly- proposed transportation projects proposing to utilize public/private partnerships and has responded to those objections with possible restrictions or moratoriums on these tools for highway construction but has exempted from any moratorium or restrictions on these tools certain projects in areas in North Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: That the City of Corpus Christi calls upon the 80th Texas Legislature to exempt from any moratorium or restriction the 1 -69 Project in the same manner that the projects in North Texas have been exempted because of the 1 -69 project's significant long- term support from the involved counties and cities as well as from our congressional delegation. ATTEST: Armando Chapa CITY OF CORPUS CHRISTI Henry Garrett City Secretary Mayor APPROVED AS TO FORM: April 13, 2007 Mary Kay Fischer City Attorney Corpus Christi, Texas of , 2007. The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Billy Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott 14 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Date: April 17, 2007 A Motion adopting the FY2007 CDBG, ESG and the HOME Programs. B. Resolution adopting the FY2007 Consolidated Annual Action Plan which includes the CDBG, ESG and the HOME Programs; authorizing the City Manager or designee to submit the FY2007 Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or designee to make changes in the FY2007 Consolidated Annual Action Plan if required by the U.S. Department of Housing and Urban Development. ISSUE: U.S. Department of Housing and Urban Development (HUD) regulations require adoption of the FY2007 Consolidated Annual Action Plan (CAAP). PI OR COUNCIL ACTION: On December 19, 2006, the City Council adopted the FY2007 CARP timetable. On April 10, 2007, the City Council held a public hearing as part of the Citizen Participation Process for projects to be considered and funded through the FY2007 CAAP RBQUIRED COUNCIL ACTION: Final adoption of the FY2007 CAAP. FUTURE COUNCIL ACTION: Acceptance of HUD funds for the FY2007 CAAP and subsequent appropriation of funds for the FY2007 CAAP Program. RECOMMENDATION: Staff recommends adopting the FY2007 CAAP for Community Planning and Development Programs; authorizing the City Manager or designee to submit the FY2007 CAAP to the HUD; and authorizing the City Manager or designee to make changes to the FY2007 CAAP if required by the HUD. AITIOISSL SUPPORT MATERIAL Baakground Information Attachment D Danie Gallego r., CD 'J ' nistrator AGENDA MEMORANDUM BACK OU I (FORMATION The FY2007 CAAP will describe the activities and projects to be assisted with funds received under the Community Development Block Grant (CDBG), Home Investment Partnerships (HOME). Emergency Shelter Grant (ESG) that help meet housing and community development objectives. The City of Corpus Christi is required to receive comments on the proposed FY2007 CAAP for at least 30 days. Comments received will be included and submitted to HUD. The FY2007 CAAP identifies project/activities to be assisted, housing activities to be undertaken, and the programs and resources (federal, non federal, public and private) in support of those activities. The City received notice in March 2007 that its allocation for the FY2007 CAAP program was $5,306,262. The allocation includes $3,480,612 for the CDBG program; $1,649,582 for the HOME program; $25,570 for the American Dream Downpayment Initiative program; and, $150,498 for the ESG program. In addition, reprogram funds and program income will also be included in the total amount of funds available as noted in the attachment. The FY2007 CAAP will be submitted to the HUD on June 14, 2007 for review and approval for the period August 1, 2007 through July 31, 2008. Attached is a listing of FY2007 CAAP projects /activities that were considered for funding at the public hearing on April 10, 2007 for the CDBG, HOME and ESG Programs which require your consideration and approval. 11/2007 ATTACHMENT CITY OF CORPUS CHRISTI FY2007 CONSOLIDATED ANNUAL ACTION PLAN ADOPTED FY2007 CDBG PROGRAM FY2007 CDBG Allocation eprogrammad Funds rogram Income from Demolition Liens /Clearance of Vacant Properties rogram Income from Rehabilitation Program OTAL FUN AV LE FOR FY2$07 CDBG PROGRAM "D" $3,480,612 $131,835 $65,560 $470,0 $4,148,01 Cityconet Pt 10 'Rt7JEG" D 1PTION Page Request $tAff Area Street and Drainage Improvements Phase 2B Helen & Theresa Street The project consists of: Helen Street from Gollihar Road to Sunnybrook Road: Consists of 12501.f. street pavement, underground drainage, curb and gutter, sidewalks, ADA requirements, driveways and utility improvements (water and wastewater). Theresa Street from Helen Street to Evelyn Street: Consists of construction of 300 I.f. street pavement, curb and gutter sidewalks, ADA requirements and driveways. 1 $476,000 2 Ben Garza Gym This would be Phase 1 of 2 of the Ben Garza Master Plan which includes the planning, design and construction of the parking lot and trail system in the park. 3 $125,000 3 Broadmoor Senior Center Phase 1 of 3 to expand the Broadmoor Senior Center. This would include planning and design which includes building approximately 2,000 additional square feet of usable space for enhancing educational, nutrition, health and wellness and multigenerational activity modules. 4 $125,000 4 CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Programs. Staff interprets CDBG, HOME and ESG federal regulations, conducts public hearings /meetings, reviews propose projects and activities to determine funding, eligibility, monitors Subrecipient's, provides technical assistance, conducts environmental assessments of funding projects /activities and enforces Davis Bacon federal wage rate requirements. Current funding $108,000 5 $467,000 $467,000 $467,000 5 Clearance of Vacant Properties Program This activly will entail the clearance of vacant properties by the removal of weeds, rubbish, brush, debris accumulation; and other unsightly, objectionable or unsanitary matter in all CDBG eligible areas to include designated Neighborhood Initiative Program (MP) Areas. Liens may be placed against the properties to cover the cost incurred. Current funding $200,000 6 $300,000 $200,000 $200,000 5 Code Enforcement Program The salaries of (4) Code Enforcement Property Advisors, (2) Project coordinators, (1/2) Support clerk will be funded in the amount of $297,585.The Property Advisors /Project Coordinators are responsible for inspecting properties within CDBG Target Areas for violationsof City Code and Health Ordinances. The Neighborhood Initiative Program selects five (5) small neighborhoods within CDBG Target Areas that are in need of compliance assistance. Each area that is selected becomes part of the Neighborhood Pride ProOram the following fiscal year for continued monitoring and citizen compliance. Inspections are conducted on particular code violations. The Property Advisors /Project Coordinators will also implement a comprehensive approach to coordination of multi - departmental teams of City services and programs to address specific needs of each neighborhood. The addition of a Project Coordinator is to assist with the sustainability efforts of the Neighborhood Pride Program. Current funding $247,000 8 $297,585 $247,000 $247,000 7 Cole's Gym This is for Phase 2 of 2 of the project which involves moving the program from T.C. Ayers Center to the former Coles Elementary site. There is a desperate need to bring the facilities up to standards with many interior renovations. In addition, the building is in need of new A/C units at the facility Current funding $40,698 1 9 $65,000 # PROJECt& DE7 IPT1ON Pam Request ' 'i3taff l comet City Coupe; Adopt Q,o 8 Comprehensive Planning Assistance Continuation of Comprehensive Planning Activities Including but not limited to: data collection, population projections, land use surveys comments on zoning platting and other activties design to update comprehensive plan elements or implement adopted plans. Emphasis will also include Master Plan updates. The focus for the next few years will be data collection and population projections as we must prepare for a federal census data gathering timeframe. Staff will pull together all resources in order to meet federal timelines. Current funding $53,000 10 $100,000 $53,000 $53,000 9 Demolition Program Demolition of substandard structures determined to be health and safety issues with 50% or more deterioration of the general structure. Each structure will be assessed and surveyed as a building case, providing the property owner an opportunity to resolve the substandard conditions. If the property owner does not comply within the specified amount of time, a building case is forwarded to the Building Standards Board (BSB) for final orders for repair and /or demolition by the property owner. If the property owner again fails to comply with the Board's order, the City is granted authorization to demolish the structure. A hen for the cost of the demolition service may be placed on the property as determined by the Code and Zone Administrator. Demolition grants made available for emergency abatement of hazardous structures that create blight conditions for the neighborheliod. The Demolition grants will be considered on a case by case basis for property owners meeting the basic eligibility requirements. Current funding $200,000 11 $250,000 $200,000 $200,000 10 Downtown Infrastructure Improvements The request for this project is to improve the Downtown Infrastructure including lighting, sidewalks and other eligible improvements. 12 $100,000 $20,000 1 ? Emergency Home Repair Grant Program Emergency repair grants up to $6,500, are provided to homeowners who are 65 years old or older or disabled and very low income. A majority of the repairs are for roofing, plumbing, electrical, heating and minor structural. It is anticipated that the $550,000 will enable us to perform emergency repairs on 84 -100 units. Current funding $500,000 14 $550,000 $200,000 $200,000 12 FY 2008 - FY 2012 Consolidated Plan The U.S. Department of Housing and Urban Development (HUD) requires each local jurisdiction to consolidate into a single submission the planning & applications for the Community Development Block Grant (CDBG) HOME Investment Partnerships (HOME) & the Emergency Shelter Grant (ESG) Programs. In accordance with HUD regulations, the City is required to submit a new Consolidated Plan (Plan) for FY2008 for a 5 -year term. The Plan includes both a planning document & an application for the CDBG, ESG & HOME Programs that are developed to acheive the goals to principally serve low & moderate income residents. The Consolidated Annual Action Plan describes the activities & projects to be assisted with funds received under these programs & other HUD programs that help to meet housing & community development objectives. This project proposal will in essence fund the preparation needed with the assistance of a consultant to conduct a new Consolidated Plan for FY2008 to FY2012 This will also include updating the Analysis of Impediments which outlines Federal Laws, Policies and Complaint Laws, and Impediments to Fair Housing Choice and remedial activities to address impediments. 15 $50,000 $50,000 $50,000 13 Garcia Art# Education Center -Area Street Improvements The GarciaArts Education Improvements define the following streets in this project as: 17th Street Agnes Street to Marguerite Street. The street work will include approximately 300 I.f for 17th Street. The project also includes ADA requirements, curb and gutter and sidewalks. The utility work along 17th Street are also included by wastewater and storm water. Current funding $181,000 18 $185,000 $185,000 $185,000 14 Greenwood Softba I Complex Replace lights on ball fields, rebuild dugouts, and renovate storage area. Building renovations include lighting, repaving parking lot(s) as well as replacing fencing. 20 $125,000 15 HEB Pool Renovate pool shell, replace pipes, gutters, fixtures and other items. 21 $25,000 2 # 'PROJEC li DE IIPTION PieRegwicomm AStaff City. Counciii � Adopt' 16 Heritage Park- Galvan House This mciudes the renovation of exterior and interior of the house. First and 2nd floor interior needs to be renovated which includes replacing carpet and any other eligible improvements. The exterior will also need renovated. This will include front and back porch with ADA accessibility and any other eligible exterior eligible improvements. 22 $85,000 Historic Preservation Project -Dr. HP Garcia Medical Building These funds were awarded to bring the process of moving the Dr. Hector P. Garcia medical office building to a different location. The monies will be used to hire a consultant to review the project feasibility and cost. Future monies will be used to implement the move, if it is an economically feasible project, and further historic preservation 23 $15,000 18 Juvenile Assessment Program This program entails teaching cognitive life and communication skills between parents and juvers. This request would be to purchase educational materials which will be facilitated via a professional practitioner. 24 $25,000 19 Litter Control Program The purpose of this program is to develop a more organized and aggressive effort to control littering and other related environmental blight/hazard that contribute to a poor quality of Ike for our general public. This program will be structured from the model of Keep America Beautiful (KAB) national program. The goal of the program is to identify and quantify community issues, prioritize and target resources, assess current laws and ordinance$ and measure progress over time. The KAB model requires a local Program Coordinator and support staff to oversee and apply the specific behavioral change strategies called a "Toolbox for Community Change" and other resources exclusive to KAB. The CDBG assistance would be to fund the administrative costs to initiate this Litter Control Program 25 $150,000 20 Master Pion for ADA Compliance: City Wide for CDBG Tracts The need to address ADA Compliance is a City priority and is being handled as funds become available. The City with the assistance of the Committee for Persons with Disabilities will identify the needs for accessibility routes, especially where curb cut ramps and sidewalks do not exist. The Committee for Persons with the Disabilities has deemed accessibility to the transportation service as priority one in the criteria for prioritizing requests for ADA improvements. This project would enable the City to define through a Master Plan to address the needs for ramps and sidewalks within the priority routes whore none exist in CDBG areas. The funds for the construcion for this project will be requested annually to allow the City to address this need. The specific locations of accessible routes will be identifed to meet the priority needs. Current funding $50,000 28 $75,000 $75,000 2, Model Block Program (Neighborhood Revitalization) Neighborhood Services Department is requesting support for the neighborhood revitalization projects within the Model Block Program (MBP) dedicated to the purchase of land, hosing rehabilitation, new construction of single famly housing (infill housing); homebuyer assistance and other eligible improvements projects to be established by the participating neighborhood The MBP is a comprehensive plan to provide opportunities and resources for an improved quality of life in a designated neighborhood/target area identified #ir potential revialtization and development. The MBP is designed to identify and address several major issues within a targeted area including; Neighborhood and economic stability; prevention of further housing and neighborhood deterioration; resource availability; land assembly for renovation and redeveloment (infill housing); afffordable housing development; and special needs housing. 30 $300,000 3 # ,PR !� D lPTION Pam Request, Staff or»A� City Coup - MOpt 22 Mortgage Servicing The funds being requested are for the operations of our mortgage servicing section and include the salaries of one staff person that handles the servicing of all loans provided through the City's Single Family Rehabilitation Loan Program. Our request includes funding for one additional staff person that will assist the one person currently handling all mortgage servicing. Services include collection of loan payments; paying property taxes and annual insurance premiums; managing the individual homeowner's escrow accounts; providing homeowners with income tax form 1098; preparing end of year escrow analysis; processing of payment booklets; preparing monthly end of month reports; conduct daily posting of payments; and handle release of liens. Counseling is provided regarding payment alternatives and establising payment plans. Mortgage Services is currently servicing 850 different types of loans. Current funding $54,000 33 $79,000 $56,000 $56,000 23 Rehabilitation Services The funds being requested are to pay the operating costs and salaries of staff that provide support services for the administration of the Rehabilitation Loan Program; Emergency Home Repair Grant Program; Homebuyer Programs; Loan Counseling, Homebuyer Classes; Support for the 4A Board Support for the CDC; and Rental Rehabilitation Loan Program. These programs are designed to assist low and very low income households. Services include loan processing; developing specifications and plans; monitoring of construction projects through inspections; processing of homebuyer applicants; conducting inspections: and conducting homebuyer classes. Current funding ($1677,000 34 $788,000 $677,O00 $677,000 24 Renewal Community The City d Corpus Christi Economic Development Office is requesting $20,000 of CDBG funds to continue outreach and marketing activities in the original and expanded Renewal Community (RC). These outreach services include contracting for professional services to assist new businesses in completing the commercial Revitalization Deduction applications, completing forms associated with tax credits and deductions, contacting for professional services to complete surveys of the RC, development and printing of marketing materials, distributions of marketing materials, workshops and seminars, professional or temporary services to assist businesses in identifying employees who live in the RC in order to claim credits, and staff training. Current funding $20,000 35 $37,500 $20,000 $20,000 25 Residentil*1 Traffic Management Program In April 1968, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The purpose of this request to to allocate CDBG funds to bear the residents share of installation of costs in qualified CDBG eligible tracts. The City of Corpus Christi will still bear the elense of the City's share of the installation costs (which may range from 0% to 100 %). Thus far, since the inception of the RTMP, residential neighborhoods in CDBG areas have not elected or been able to particpate in the RTMP due to difficulty in obtaining the residents' share of the cost. Current funding $12,000 36 $25,000 $12,000 $12,000 26 Single Family Rehabilitation * The Single Family Rehabilitation Loan Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. It is estimated that 1 -3 units will be rehabilitated and 15 -18 units will be reconstructed. These funds will also be used to demolish and relocate homeowners being assisted with the reconstruction of their homes. The funds provided for demolition and relocation will be provided as a grant to the homeowner. Rehabilitation Loans ($935,000), Demolition ($150,000); Relocation ($180,000). Current funding $1,074,000 37 $1,265,000 $470,000 $470,000 4 # ROJEC & DE IPTIt i P� Request . - &tuff , comet City Cownclll Adopt '? 2 South Blti#f Park Phase park improvements, Because of the high usage of the park, more amenities are needed Install six new covered picnic tables with cement slab. Install BBQ pits, trash containers, 40x60 covered pavilion will be installed with picnic tables and BBQ pit: Phase 1 of 3 year project. All of the amenities will be constructed and be ADA accessible. 38 $65,000 28 Southmol'sland Addition Area Street Improvements 3B & 4B: Part 2: Norton St. & Lewis St. between Watson & Norton The project consists of constructior of 28 ft. B -B street pavement, curb, gutter, sidewalk, ADA requirements, driveways, underground drainage and utilities for Phase 3B & 4B, Part 1. Phase 4B is the first leg required to tie into Ayers Street drainage. Current funding 1155,000 39 $340,000 29 The Unified Development Code Continuation of the Unified Development code (UDC) which is a comprehensive rewrite of the City's current Zoning and Planning Ordinances into one comprehensive document that also establishes best practices and is adoptable by the community. The City's current ordinances have not faced a comprehensive review or rewrite in over 20 years and as a result. the UDC is facing an extraordinary challenge for adoption. 41 $50,000 30 Weed and Seed Program The Weed and Seed Program is a comprehensive multi- agency approach to combating violent crime, drug use and gag activity in high crime neighborhoods. the goals are to "weed" out crime from targeted neighborhoods. while at the same time "seed" the target areas with a wide range of crime prevention programs and Human Services to prevent crime from reoccurring within the target areas This will fund for the Director's or staff salary. Current funding $50,000 42 $50,000 $50,000 $50,000 City Projects Total $6,590,085 $2,962,000 $2,907,000 NON ELIGIBLE Old Beyview Cemetery Phased improvements: preservation and restoratior of the monument improvements: Phase 1 of 3 year project. Reason: Does not meet a National Objective he difference needed for Project #26 will be funded thru the HOME Program. 5 6 OR OJE DE> NkT$ON P omm� i• ° : ., . Cou , f Adopt CDBG NONPROFIT ORGANIZATIONS , Boys and Girls Club of Corpus Christi Final Phase of our Sports complex includes: the construction of a maintenance storage building; paved parking lot on the south side or the complex; fencing; and sidewalk areas. This phase will complete our efforts to construct a comprehensive Sports complex for the children we serve. The number of children's' teens to be reached will run into the thousands located at 3902 Greenwood Drive. 43 $150,000 $100,716 $100,716 32 Brooks Chapel Early Childhood Development Center Replacement of roof overhang not as a result of lack of maintenance but due to roof overhang being poorly engineered located at ^517 Winnebago. Capital Contribution $5,000 62 $65,300 $65,300 $65,300 33 i CCHAISe*reeze Seniors, L.P. Two hundred senior one and two bedroom units with one community building needing attenuation wall along Interstate 37 approximately 2000 feet long to buffer sound located 801 Derry Drive. 84 $475,000 34 Charlie's Mace Water and Sewer Lines Charlie's Place proposes to replace the existing water and sewer pipes (within the access road) that serve our facility. This will allow us to continue to provide services to nearly 1,200 residents being treated for substance abuse issues each year and add additional beds in the future located at 24 North Country Club Place. Capital Contributtpn $5,000 115 $79,313 35 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Charlie's Ice proposes to rehabilitate the 70 year old Coleman House entire facility so that may continue to house 14 low income individuals during their treatment for substance abuse. Proposes to rehabilitate its structure including: replacing roof and flashing; rehabilitating three bathrooms; electrical work to bring original wiring up to code; plumbing work to replace original pipes. Fix kitchen and bathroom leaks and rot issues; replace uninsulated windows.; and interior /exterior paint peeling and chipping located at 24 North Country Club Place. Capital Contribution $16,000 136 $150,000 36 Coastal Bond Center for Independent Living (CBCIL) Improvements to Building "A" CBCIL property include a new roof and interior rehabilitation in the transitional units located at 1537 7th Street. 156 $20,000 $15,000 37 Coastal Bid Center for Independent Living (CBCIL) Barrier rernoval (home modifications) for up to 10 rental properties for people with disabilities participating in the CBCIL City HOME Choice TBRA Project. 177 $25,000 $25,000 $25,000 38 Corpus Christi Hope House The project is for repairs and renovations for emergency shelter and transitional housing for up to 11 homeless women and their dependent children located at 630 & 658 Robinson Street. Capital Contribution $5,950 196 $53,545 39 Del Mar College/Business Resource Center The purpose of this project is to retain, expand and create small and Section 3 businesses and retain, expand and create jobs for low to moderate income residents and Section 3 residents located at 3209 S. Staples. Capital Contribution $810,924 229 $175,000 $175,000 $175,000 40 Fighting to Rid Gongs in America Foundation, Inc. Improvements will be done to the facility to make it more accessible . The improvements will make our facility more ADA compliant located at 2121 Mary Street. Capital Contribut en $10,000 242 $110,000 41 Greenwood Molina Children's Center /Schoolagers Play Park The site is a vacant lot owned by the agency. It is 166" deep and 55" wide. It will be equipped with park tables and benches. A covered amphitheater, track for riding toys. A portable storage for their portable equipment and supplies. A basketball goal on a small mini paved area for this purpose. The same surface will be used for similar activities located acoss from 954 National Drive. Capital Contribution $5,000 262 $75,000 $25,000 6 # PROJECT & DESCRIPTION Raga ' RiegtNlst, Staff cmrh City Counc Adopt 4 Lofty Apartments/Buffalo Lofts/Plaza Lofts * Rental rehabilitation of 18 urban lofts in Downtown, 4 of which will be CDBG assisted and rented to households at less than 80% median ncome located at 817 N. Carancahua. Capital Contribution $1.4M 284 $300,000 $300,000 $300,000 43 Mary McLeod Bethune Day Nursery, Inc. Providing low income families with quality child care, Bethune Day Nursery seeks funds for the rehabilitation of flooring in buildings A. B and C, including structural problems in building C, as well as addressing security issues throughout the facility located at 900 Kinney Avenue. Capital Contribution $3,000 314 $86,192 a4 New Life Fellowship of Corpus Christi/Renovation for Rehabilitation Rehabilitation and improvements to existing structure for the purpose of doubling housing opacity to 20 beds and providing basic ADA features for homeless women with substance abuse issues located at 1111 12th Street. Capital Contribution $8,000 335 $60,000 45 Nueces County Community ActionlWeatherization /Minor Home Rehab Make minor home and weatherization improvements to approximately 27 homes more energy efficient. Approximately 90 persons with low to very low income will benefit from program. Capital Contribution $279,244 368 $80,000 46 Nueces Lofts Apartments ** Adaptive reuses of a historic downtown building from office space to rental apartments. Project coats include construction and development costs related to the change from existing office use to residential apartments exclusive of acquisition and commercial tenant finish costs. The completed development will have sixty six loft style apartment units with approximately twelve apartment units set aside for low income residents. The HOME Funds are requested as a subordinate loan to be repaid from the developments of net operating income located at 317 Peoples Street Capital Contribution $6.2M 399 $500,000 $500,000 $500,000 47 Universal Little League Public facilities and improvements to bleachers, scoreboard, electrical covers, ADA sidewalk & new patio located at 4035 Greenwood Drive. 400 $59,500 $35,000 Total Noirofit $2,463,850 $1,166,016 $1,241,016 Total Ci "Projects $6,590,085 $2,962,000 $2,907,000 - Overall I $9,053,935 $4,128,016 $4,148,016 Pro ect #42 Larry Apartments -Staff recommended amount is for a 5200k grant & $100k loan ($300k total) Project 46 Nueces Lofts Apartments - Staff recommended amount ($500k total) is for a loan not a grant. 7 CITY OF CORPUS CHRISTI FY2007 CONSOLIDATED ANNUAL ACTION PLAN ADOPTED FY2007 ESG PROGRAM FY2007 ESG Allocation $150,4 # PR*JECT DESCRIPTION P� Re rif Rrrlm ., Adopt Catholic Charities of Corpus Christi Provision of Homeless Prevention including short -term subsidies, security deposits or 1st moth's rent, .mediation programs, legal services and payments to prevent foreclosure on a home. 419 $35,000 $13,000 $13,000 L Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Maintenance and Operation including rent, insurance, utilities and furnishings. 435 $36,000 $12,000 $12,000 3 Corpus Christi Hope House Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Maintenance and Operation including rent. insurance, utilities and furnishings. 449 $25,000 $13,000 $13,000 Corpus Christi Metro Ministries Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. Provision of Homeless Prevention including short -term subsidies, security deposits or 1st moth's rent, mediation programs, legal services and payments to prevent foreclosure on a home. 483 $89,500 $43,000 $43,000 5 Marys McLeod Bethune Day Nursery, Inc. Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. 506 $21,000 $13,000 $13,000 6 New Life Fellowship of Corpus Christi, Inc. Maintenance and Operation including rent, insurance, utilities and furniings. 519 $50,000 $10,000 $10,000 7 The ARK Assessment Center and Emergency Shelter for Youth Payment of Essential Services including services concerned with employment, physical health and education for the homeless. Maintenance and Operation including rent, insurance utilities and furnishings. 531 $188,100 $13,000 $13,000 8 The Salvation Army Provision of Essential services including services concerned with employment, physical health and education for the homeless. Maintenance and Operation including rent, insurance utilities and furnishings. 554 $50,000 $13,000 $13,000 1 Women's Shelter of South Texas Maintenance and Operation including rent, insurance 9 furnishings. Provision of Homeless Prevention includ subsidies, security deposits or 1st month's rent, media legal services and payments to prevent foreclosure o Total , utilities and ing short -term 574 $80,000 $20,498 $20,498 3tion programs, n a home. $574,600 $150,498 $150,498 2 CITY OF CORPUS CHRISTI FY2007 CONSOLIDATED ANNUAL ACTION PLAN ADOPTED FY2007 HOME PROGRAM FY2007 Allocation Dream Downpayment Initiative (ADDI) Reprogrammes! Funds Income TOTAL FUNDS►VAIL,ABLE FOR FY2007 HOME PROGRAM $1,649,582 $25,570 $702,898 $175,385 $2,553,435 City Oimincil t DESORPTION Rape Request Staf1R' 1 Affordable Living Development On August 17, 2004, City Council approved the adoption of a seven year plan on ending chronic homelessness for Corpus Christi (Plan). Within the Plan, there were formulated goals, action steps and a timeline of which specific objectives were to be met over the course of the seven -year period. Action step #4 states to decrease the duration of homelessness by completing 300 permanent supportive housing units by year end 2007. The City of Corpus Christi's Community Development (CD) Department is proposing to develop a 60 to 100 unit Affordable Living Development. This proposal will assist in the land acquisition and other related cost attributed to the site development. The CD Department will partner with a consultant to secure additional leverage of resources to complete this project. 595 $200,000 $200,000 $200,000 2 CDC New ( bnstructIon Homebuyer Program Construction of new single family multi - housing units. The units must remain affordable for a minimum of 10 years. These funds will be used by the CDC. A deferred forgivable loan, not to exceed $20,000, payable after the 1st mortgage is paid, will be provided to low income home buyers for the purchase of a home. The amount of the deferred loan will be based on HUD income limits. These funds will assist approximately 14 low to moderate income families. These funds may be applied towards the Model block program. Funds may be used to recapture properties which have been assisted thru the HOME program. 596 $250,000 $200,000 $200,000 3 First Time Homebuyer Program - ADDI Provide deferred forgivable loans to first time homebuyers, who are low income, to assist them with down payment and closing costs for the purchase of a home. 597 $25,570 $25,570 $25,570 4 Home AdmMistration/Technical Assistance Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evalumion, contracting, recordkeeping /reporting and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, nosh- profits, owners /investors of rental property and other organizations that may participalite in the program. May include administrative funds for direct operating support for the CHDO's. 598 $164,958 $164,958 $164,958 5 HOME Model Block Program - Neighborhood Revitalization Neighborhood Services Department is requesting support for the neighborhood revitalization projects within the Model Block Program (MBP) dedicated to the purchase of lend, housing rehabilitation, new construction of single famly housing (infill housing); homebuyer assistance and other eligible improvements projects to be established by the participating neighborhood.The MBP is a comprehensive plan to provide opportunities and resources for an improved quality of life in a designated neighborhocel/target area identified for potential reviallizaton and development. The MBP is designed to identfy and address several major issues within a targeted area including; Neighborhood and economic stability; prevention of further housing and neghborhooe deterioration; resource availabiltiy; land assembly for renovation and redeveloment (infill housing); afffordable housing development; and special needs housing. 599 $100,000 6 Homebuyer Assistance Program ($5,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the purchase of a home. 601 $450,000 $450,000 $450,000 # PROJECT$ DESCRIPTION Page Request Rcomgl Counaif Acl pt 7 Major Rehabilitation' Provide loans to low income Homeowners to assist them with major rehabilitation of their homes. 602 $100,000 $702,898 $702,898 8 Minor Rehabilitation Provide emergency grant to very low income homeowners to assist them with minor rehabilitation of their homes. 603 $100,000 1CCCIC Projects Total $1,390,528 $1,743,426 $1,743,426 SitbreglpienrsIi ter E s Apartments of the Vlllage /LULAC Hacienda Apartments Demolition with the reconstruction of a 60 unit HUD 202, with 54 one bedroom units and 6 two bedroom units located at 2625 Greenwood Drive; 10 units will be funded with HOME assisted. 604 $384,730 $260,009 $260,009 10 Cliff Maus Village Trust New roofs for 11 buildings and new stairway landings for second floor landings for 11 buildings located at 1438 West Point Road.. 650 $250,000 11 Coastal Bead Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Replace service lines leading to two transitional houses located at 25 and 41 North Country Club Place. 674 $58,648 12 Latino Education Project Tenant based rental assistance for the elderly with special needs to promote their well -being and independence. 694 $235,752 13 Masonic Fellowship Church Affordable Housing Initiative The project b a 32 unit rental new construction apartment facility to be used by area residents as a moderately priced rental development located at 3210 Mueller Street. 722 $300,000 $300,000 $300,000 Subrecipient's /tither Entities Total $1,229,130 $560,009 $560,009 COMMUNITY H SM�I�VELOpMENT ORGANIZATION** (CHDOsr 14 Nueces Comity Community Action Agency /Acquisition/Rehab /Resale Purchase /Rehab /Resale of 3 single farniy homes (minimum) to families 80% or below the area median income; all units to be HOME assisted. 750 $250,000 15 TG 110, InciGlenoak Rehab Project Rehabilitation of 68 one, two, three and four bedroom apartments for rental to low income families. The HUD agreement with Glen Oak Apartments requires that 14 units are rented to families at or below 50% of the area median income and 54 units at or below 30% of the area median income located at 711 Glen Oak; all units will be HOME assisted. 781 $350,000 $250,000 $250,000 CHDOs Total $600,000 $250,000 $250,000 CCCIC Projects Total S1,390,528 $1,743,426 $1,743,426 Subrec 1pient's/Olher Entities Total $1,229,130 $560,009 $560,009 Total $3,219,658 $2,553,435 $2,553,435 ` Subrecipient's /Other EntitieWCHDO's are contracted thru the CCCIC ** COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHOO) - The City of Corpus Christi will set aside at an minimum the 15% ($247,438) required by regulations for ase by the CHDO within the 24 -month period. The City of Corpus Christi will provide technical assistance and capacity building as necessary ' Funds were added for the Major Rehabilitation (HOME Program) to make up the difference needed for the Single Family Rehabilitation (CDBG Program). 2 A RESOLUTION ADOPTING THE FY2007 CONSOLIDATED ANNUAL ACTION PLAN WHICH INCLUDES THE CDBG, ESG, AND HOME PROGRAMS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT THE FY2007 CONSOLIDATED ANNUAL ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE CHANGES IN THE FY2007 CONSOLIDATED ANNUAL ACTION PLAN IF REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The FY2007 City of Corpus Christi Consolidated Annual Action Plan ("CAAP"), which includes the Community Development Block Grant, Emergency Shelter Grant. and the HOME programs, is hereby adopted. SECTION 2. The City Manager or his designee is authorized to submit the CAAP to the U.S. Department of Housing and Urban Development ( "HUD "). SECTION 3. The City Manager or his designee is authorized to make changes to the CAAP if required by HUD. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 12, 2007 h R. Hundley Asst tant City Attorney for the City Attorney EHres191 doc Henry Garrett Mayor Corpus Christi: Texas 2007 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Mei»ody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E Marez Jesse Noyola Mark Scott