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HomeMy WebLinkAboutAgenda Packet City Council - 09/18/2007CITY COUNCIL AGENDA SEPTEMBER 18, 2007 Corpus Christi NI-America City 1 1 : A.M. - Proclamation declaring September 21, 2007 as "International Peace Day" Proclamation declaring the week of September 17-23, 2007 as "United States Constitution Week" Proclamation declaring the week of September 21-25, 2007 as "Texas Amateur Athletic Federation Week" Swearing -in ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL- COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 SEPTEMBER 18, 2007 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PA G RS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 2 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Listed desea dirigirse al Concilio y cree clue su ingl s es limitado, habra un int rprete ingl s- espafio! en togas las juntas del Conci /io pars ay dar /e. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 61 -826.3 at feast 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Reverend Alien Mosiman, Parkway Presbyterian Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter officers. Mayor Henry Garrett Mayor Pro Tern Mike Hummel) - -� Council Members: Melody Cooper City Manager George K. Noe Larry Ell on o, Sr. City Attorney Mary Kay Fischer Bill Kelly City Secretary Armando Chapa Priscilla G. Leal Michael M C t hon John E. Marez Nelda Martinez E. MLNUTEL$ 1. Approval of Regular Meeting of September 11, 2007. Attachment # 1) Agenda Regular Council Meeting September 18, 2007 Page 2 CITY COUNCIL PRIORITY ISSUES {Refer to legend at the end of the agenda summary} F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. if deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The council has been furnished with background and support maerial on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (Atth/spointthe council will vole on all motions, resolutions and ordinances not removed for individual consideration) 2. Motion approving a service agreement with Southwest Medical Strategies d.b.a. The Doctor's Center of Corpus Christi, Texas for occupational medical services, in accordance with Request for Proposal Number B1- 019 --07, for an estimated three -year expenditure of $172,712 of which $43,178 is budgeted for the remainder of FY 2007-200 8, The term of the service agreement will be for three years 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. This service will be used by all City departments. Funds are budgeted in the Liability and Employee Benefits Fund. (Attachment # 2) Agenda Regular Council Meeting September 18, 2007 Page 3 3.a. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion authorizing the City Manager or his designee to accept a grant in the amount of $474,200 from the Department of Homeland Security for funding eligible under the FY 2007 Port Security Grants Program with a City match of $142,800 from the Law Enforcement Trust Fund. (Attachment # 3) 3.b. Ordinance appropriating $474,200 from the Department of Homeland Security in No. 1061 Police Grants Fund to purchase law enforcement equipment for the Police Department with a City match of $142,800 from the Law Enforcement Trust Fund. (Attachment # 3) 4. Motion approving the application from Bayfest, Inc. to temporarily close the following street sections for the Bayfest 2007 Festival September 19 - October 2, 2007. (Attachment # 4) a. Northbound Shoreline Boulevard (inside lane only), from the north right -of -way of Power Street (exclusive of the median crossover at Power Street) to Resaca Street, beginning at 9 :00 a.m., Wednesday, September 19, 2007 through 5:00 p.m., Tuesday, October 2, 2007; b. Southbound Shoreline Boulevard (full closure), from the south right - of-way of Resaca Street to the north right --of- ay of Power Street, beginning at 9:00 a.m., Wednesday, September 19 through 5:00 p.m., Tuesday, October 2, 2007; c. North Water Street (full closure), between Fitzgerald and Palo Alto Street, Palo Alto Street, Fitzgerald and Resaca Street (full closures) between North Water Street and southbound Shoreline Boulevard from 8:00 a.m., Thursday, September 20 through 6:00 a.m., Monday, October 1, 2007; d. Northbound Shoreline Boulevard, (full closure), between north right-of-way line of Power Street north to the end, from 5:00 p.m., Thursday, September 27, 2007 through 6 :00 a.m., Monday, October 1, 2007. Agenda Regular Council Meeting September 18, 2007 Page 4 5. Motion approving the application from the Corpus Christi Chamber of Commerce to temporarily close the following street sections on Friday, September 28, 2007 from 4:30 p.m. to 11:30 p.m, for the 2007 Conquer the Coast Criteriurn. (Attachment# 5) a. Schatzell Street from Upper Broadway Street to Chaparral Street; b. Chaparral Street from Schatzell Street to Peoples Street; . Peoples Street from Chaparral Street to Upper Broadway Street; d. Upper Broadway Street from Buffalo Street to Leopard Street, 6. Motion authorizing a permit for the temporary closure of street(s) for the Holy Family Catholic Church Fall Festival, and authorizing the City Manager or his designee to issue the permit for the festival on an annual basis upon meeting the conditions and requirements in Section 49 -17. (Attachment ## 6) 7. Motion authorizing the City Manager or his designee to execute a construction contract with Salinas Construction, of Pleasanton, Texas in the amount of $686,980.10 for the Garcia Arts Education Center Area Street Improvements. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract, Drainage and Utility Easement, and Temporary Construction Easement with Diaz Capital Partnership, Ltd. and Nabil Emilday, Trustee in the amount of $'175,000 plus $2,500 in closing costs; for Parcels 5A, 5B, 50, 6A, 6B, and 6C; all out of Lots 22, 23, and 24, Section 20, Flour Bluff and Encinal Farm and Garden Tracts; located on Brooke Road between Airline Road and Rodd Field Road; necessary for the Master Channel 27 Drainage Improvement Project. (Attachment ## 8) 9.a. Motion approving the Second Amendment to the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement submitted by Al Development, Inc., owner and developer of South Fork Unit 4 Subdivision for the reconstruction of the existing Master Plan Lift Station No. 1047 (Greenfields by the Bay), located east of Rodd Field Road and south of Wooldridge Road. (Attachment # 9) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting September 18, 2007 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 9.b. Ordinance appropriating $32,000 from the Sanitary Sewer Trunk System Trust Fund No. 540450-21800-4220 to pay Al Development, Inc. for the construction and installation specified in the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement. (Attachment # 9) 10. Ordinance approving the sale of a 283 acre parcel of land located on the southside of Interstate Highway 37 between McKinzie Road and Carbon Plant Road, to the Teas Department of Transportation (TxDOT) for the amount of $3,538, necessary for TxDOT's construction of a flyover road to the Joe Fulton International Trade Corridor; and authorizing the City Manager or his designee to execute a Warranty Deed and other related documents for the sale of the property. (Attachment # 10) 11. Ordinance authorizing the City Manager to execute an amended Use Privilege Agreement with Contractors Safety Council of the Coastal Bend "owner ", to provide for use of81- linear feet along the east side of Southern Minerals Road public right-of-way for the installation of a private 2 -inch PVC force main. (Attachment # 11 12. Ordinance abandoning and vacating a 2,952- square foot portion of a 10-foot wide utility easement out of Lots 17-22 and Lots 31- 3 , Block 5, Don Patricio Subdivision, between Flour Bluff Drive and Lynhurst Drive; requiring the owner, Mr. Louis K. Alty, d.b.a. G&L Investments, to comply with the specified conditions. (Attachment ## 12) 13. Ordinance abandoning and vacating a 1,968-square foot portion of a 10 -foot wide utility easement out of Lots 23 -30, Block S, Don Patricio Subdivision, between Flour Bluff Drive and Lynhurst Drive; requiring the owners, Trabarr Partners, LTD and Watch Dog Gate Security, LTD to comply with the specified coriditions.Attahment # 13) Agenda Regular Council Meeting September 18, 2007 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 14. First Reading Ordinance - Authorizing the City Manager or his designee to execute an amendment to the lease agreement with Smarte Carte, Inc., to extend the term, revise the required equipment, and amend the rental rate for baggage cart rental at the Corpus Christi International Airport; providing for publication. (Attachment # 14) 15. Second Reading Ordinance Amending the Code of Ordinances, Chapter 6, Animal Care and Control, Article V, Animal and Rabies Control, by creating new Section 6-128, Spay/ Neuter Clinic Fees; revising a reserved section reference. (First Reading 09/11/07) (Attachment ## 15) 1. PUBLIC H EAR I G S: ZONING CASES: 16. Case No. 0807 -02 Grace United Methodist Church: A change of zoning from a "R -1 B" One - family Dwelling District to a "B-1" Neighborhood Business District on property described as Shell Poultry Acres, Block 8, Lot 6, located on Church Street and approximately 300 feet northeast of Leopard Street. (Attachment # 16) Plannin' Commission and Staffs Recommendation: Denial ofthe "B-1" Neighborhood hborhood Business District, and in lieu thereof, approval of a Special Permit for a church - related thrift shop subject to five (5) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Grace United Methodist Church, by changing the zoning map in reference to Shell Poultry Acres, Block 8, Lot 6, from " -1" One- family Dwelling District to "RAMP" One - family Dwelling District with a Special Permit subject to five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. Agenda Regular Council Meeting September 18, 2007 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 17. Case No. 08Q7-03. Ryan McCarthy: A change of zoning from an "1-2" Light Industrial District to a 13.4" General Business District on property described as Whelan Tract Unit 4, Block 1, Lot 2, located on Navigation Boulevard and approximately 200 feet south of Interstate 37. (Attachment it 17) Planning Commission and Staff's Recommendation: Approval of the "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Ryan McCarthy, by changing the zoning map in reference to Whelan Tract Unit 4, Block 1, Lot 2, from "1-2" Light - Industrial District to "B -4T" 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. J. PRESENTATIONS: Public comment will not be solicited on Presentation items. 18. Overvie w of the Unified Development Code (UDC) Progress and Focus Group Review Update (Attachment # 18) 19. Water and Gas Rate Study Update (Attachment # 19) 20. Water Trust Fund Update: Development Outside City Limits (Attachment # 20) K REGULAR AGENDA CONSIDERATION OF MOTIONS RESOLUTIONS, AND ORDINANCES: 21.a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Billy W. Sanders and Robbie Sanders, owners and developers of London Club Estates located north of FM 43 and east of the FM 43 and FM 763 intersection for the installation of 4,951- linear feet of 16 -inch PVC water arterial transmission main. (Attachment 21) Agenda Regular Council Meeting September 18, 2007 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 21.b. Ordinance appropriating $295,268.97 from the Arterial Transmission and Grid Main Trust Fund No. 540450 -21 805 -4030 to reimburse Billy W. Sanders and Robbie Sanders for the installation of 4,951 - linear feet of 16 -inch PVC water arterial transmission main. (Attachment # 21) 22.a. Motion authorizing the City Manager or his designee to authorize the purchase, implementation, and first year maintenance of $37710 from SunGard H.T.E., Inc., of Lake Mary, Florida for the Planning and Zoning modules and G.I.S. Looking Glass modules in an amount not to exceed $207,665 based on sole source. These modules will provide automated tracking and management of planning, zoning, and special services projects by the Development Services Center. (Attachment # 22) 22.b. Motion authorizing the City Manager or his designee to authorize the purchase of licenses, consulting services, and first year maintenance of $1 ,499.25 from Vista Solutions Group, Inc., of Round Rock, l , Texas to implement integration of the Visiflow Imaging system to the SunGard H.T.E. Planning and Zoning module in an amount not to exceed $67,895 based on sole source. This will allow Development Services Center to capture and store images related to planning, zoning, and special services projects. (Attachment # 22) 23. Resolution approving an amendment to the Corpus Christi Business and Job Development Corporation's (CCI3JDC) Guidelines and Criteria for granting business incentives to expand the North American Industry Classification system NAILS codes included in the definition of "Primary Employer". (Attachment # 23) L. PUBLIC COMMENT MENT F OM 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 TIOI S To THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL ICIL DC RING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. Agenda Regular Council Meeting September 18, 2007 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretaty.) Si usted se dirige a la junta y cree que su ingl s es lrmitedo, habra un #nt rprete ingts- espariol en la reunion de la junta pare ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, SON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, RS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. M. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. I. REPORTS: The 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; constituent concerns; current topics raised by media; follow -up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city- related matters. 24. CITY MANAGER'S REPORT * Upcoming Items 25. MAYOR'S UPDATE 26. COUNCIL CIL AND OTHER REPORTS ITS Agenda Regular Council Meeting September 18, 2007 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 0. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's ofi is b lletin board at the front entrance to City Hall, 1201 Leopard Street, at O _ p.m., September 14, 2007. ALJAtLt� Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at vitww.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. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 11, 2007 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Mike Hummell Council Members: Melody Cooper Larry Elizondo, Sr. Bill Kelly Priscilla Leal Michael McCutchon John Marez Nelda Martinez City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Dr. Sam Gutierrez with Cornerstone Church and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. Mayor Garrett asked for a moment of silence for the victims and survivors of the 9/11 attacks. Mayor Garrett called for approval of the minutes of the regular Council meeting of August 28, 2007. Council Member Leal made a correction to Pg. 11, Paragraph 7 to reflect her recommendation for funding projects on Item 18.b. as follows: (1) Ayers Street Drainage Improvements - $62,000; (3) Broad moor Senior Center - $125,000; (7) Cole's Gym - $65,000; (14) Greenwood Softball Complex - $125,000 (25) Residential Traffic Management Program - $13,000; (35) Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place - $40,000; (40) Fighting to Rid Gangs in America Foundation Inc. - $100,000; and (41) Greenwood Molina Children's Center - $50,000. A motion was made and passed to approve the minutes as amended. * * * * * * * * * * * * Mayor Garrett referred to Item 2 and the following board appointments were made: C. C. Regional Economic Development Corporation Leon Loeb (Appointed) Museum of Science and History Advisory Committee Jim Moloney (Appointed) Lucia Inez Sosa (Appointed) Thomas Kimes (Appointed) Kathy Juneau (Appointed) Jamie Duff (Appointed) Luella R. Gipson - Torres (Appointed) Kimberly Harris (Appointed) Nueces County Community Action Agency Council Member Bill Kelly (Reappointed) Council Member John Marez (Reappointed) Council Member Priscilla Leal (Appointed) Minutes — Regular Council Meeting September 11, 2007 — Page 2 Nueces County Tax Appraisal District Robert Adler (Reappointed) Sandy Billish (Appointed) Sister City Committee Randy Farrar (Reappointed) Heather Stanton Moretzsohn (Reappointed) Guillermo "Willie" Perez (Reappointed) Westi Flom (Reappointed) Almira Flores (Reappointed) Brenda (Brandi) Williams (Appointed) Alfonso Trujano, Jr. (Appointed) Danny Williams (Appointed) Small Business Advisory Committee Michael San Miguel * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3 - 14). Ms. Paige Dinn requested that Item 8 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2007-228 Motion approving a supply agreement for polyethylene pipe, fittings, and risers from the following companies for the following amounts in accordance with Bid Invitation No. BI -0179- 07 based on !ow bid for an estimated annual expenditure of $221,178.55. The term of the contract 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 2007 -2008. Cooper Supply, Inc. Corpus Christi, TX Group No. 1 $121,080 Gajeske, Inc. San Antonio, TX Group Nos. 2, 3, 4 & 5 $100,098.55 Grand Total: $221,178.55 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 4. MOTION NO. 2007-229 Motion approving a professional services agreement for veterinary services with Thomas House, DVM, in the amount of $106,140 of which $88,450 is required in FY2007 -2008. The term of the agreement will be for one year 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. Funding is available in the Health Grants Fund for FY 2007 -2008. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Minutes — Regular Council Meeting September 11, 2007 -- Page 3 5. RESOLUTION NO. 027400 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $18,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program for public awareness brochures, school book covers, production and broadcast of public service announcements, and to conduct an emergency response exercise, with a hard match of $3,600. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Cooperwas absent. 6.a. MOTION NO. 2007 -230 Motion authorizing the City Manager or his designee to accept a grant in the amount of $236,403 from the United States Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2007 Edward Byrne Memorial Justice Assistance Grant, 50% of the funds to be distributed to Nueces County under an established interlocal agreement and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooperwas absent. 6.b. ORDINANCE NO. 027401 Ordinance appropriating $236,403 from the United States Department of Justice, Bureau of Justice Assistance in the No. 1061 Police Grant Fund to purchase law enforcement equipment for the Police Department and Nueces County. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye; Cooper was absent. 7.a. RESOLUTION NO. 027402 Resolution authorizing the City Manager or his designee to accept a grant of $96,685 from the Texas Department of State Health Services to provide tuberculosis prevention and control services and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas absent. 7.b. ORDINANCE NO. 027403 Ordinance appropriating a grant of $96,685 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide tuberculosis prevention and control services. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Minutes — Regular Council Meeting September 11, 2007 — Page 4 9.a. MOTION NO. 2007-231 Motion authorizing the City Manager or his designee to execute a contract with Absolute Waste Acquisitions, Inc., guaranteeing the annual delivery of specific tonnage of acceptable waste to the J. C. Elliott Landfill for a specified fee, for a period not to exceed the life of the J. C. Elliott Municipal Landfill, including a retroactive provision commencing on June 1, 2007, for the specified fee. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 9.b. MOTION NO. 2007-232 Motion authorizing the City Manager or his designee to execute a contract with Absolute Waste Acquisitions, Inc., guaranteeing the delivery of specified tonnage of acceptable waste collected within the boundaries of the Coastal Bend Council of Governments region to the Cefe Valenzuela Municipal Landfill for a period of twenty years. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 10.a. MOTION NO. 2007 -233 Motion approving the amount of monies to be paid as cash in lieu of construction of Ametrine Drive, a half street, and its related water infrastructure in accordance with the Platting Ordinance Section IV- Design Standards, Subsection A.12.d)(1). The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 10.b. MOTION NO. 2007 -234 Motion authorizing the City Manager to execute a Half Street Deferment Agreement with JJAR Development, LLP, (Developer), in the amount of $91,491.90 for public improvements including pavement, curb, gutter, sidewalks, and water infrastructure for the future street construction improvements to Ametrine Drive adjacent to the west property line of Legends of Diamante Unit 2, located north of Slough Road and east of Rodd Field Road, in accordance with the Platting Ordinance Section IV- Design Standards, Subsection A.12.c). The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 11. ORDINANCE NO. 027406 Ordinance abandoning and vacating a 249.70 - square foot portion of a 10 -foot wide utility easement out of Lot 16A, Block 1, Lakeview Acres, located on Williams Drive, west of Rodd Field Road; requiring the owner, L.I.P., LLC to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Minutes — Regular Council Meeting September 11, 2007 — Page 5 12. ORDINANCE NO. 027407 Ordinance abandoning and vacating a 4,250 - square foot portion of a 10 -foot wide utility easement out of Lots 14 -27, Block K, Flour Bluff Estates, between East Lakeside Drive and Recreation Drive; requiring the owner, Renato A. DePaolis 11, d.b.a. DB Ventures, LLC to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 13. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 6, Animal Care and Control, Article V, Animal and Rabies Control, by creating new Section 6 -128, Spay /Neuter Clinic Fees; revising a reserved section reference. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 14.a. MOTION NO. 2007 -235 Motion to amend prior to second reading the Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Marina Advisory Committee and the Watershore and Beach Advisory Committee in place of the Water /Shore Advisory Committee, amending Section 1 and Section 2 to provide that appointments to the new Marina Advisory and Watershore and Beach Advisory Committees are subject to City Council approval. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 14.b. ORDINANCE NO. 027408 Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 to establish the Marina Advisory Committee and the Water Shore and Beach Advisory Committee in place of the Water /Shore Advisory Committee; providing for publication. (First Reading 8/28/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 8 regarding a gift from the Corpus Christi Public Library Foundation, Inc. Paige Dinn, President of the Corpus Christi Public Library Foundation, Inc., said the board is excited to present the $55,000 gift agreement for the books at the new southside library located next to Kaffie Middle School. Council Member Elizondo thanked the board for their contributions to assisting the public libraries. City Secretary Chapa polled the Council fortheirvotes as follows: Minutes — Regular Council Meeting September 11, 2007 — Page 6 8.a. RESOLUTION NO. 027404 Resolution authorizing the City Manager or his designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation, Inc., in the amount of $55,000 for books and other library materials for the new Southside Library. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 8.b. ORDINANCE NO. 027405 Ordinance appropriating $55,000 into the General Fund No. 1020, Organization No. 12800 for books and other library materials for the new Southside Branch Library from the Corpus Christi Public Library Foundation, Inc.; changing FY 2007 -2008 General Fund Budget adopted by Ordinance No. 027352 to increase appropriations by $55,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. * * * * * * * * * * * * * Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0807 -01, A.C. Gilmore: A change of zoning from a "B -1" Neighborhood Business District to a "B-4" General Business District on property described as Gardendale Unit 2, Block 5, Lot 18, located approximately 200 feet south of the intersection of South Staples Street and Curtis Clark Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of a "B-4" General Business District. No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Mr. Hummell, and passed. Mr. Chapa polled the Council fortheirvotes as follows: 15. ORDINANCE NO. 027409 Amending the Zoning Ordinance, upon application by A. C. Gilmore, by changing the zoning map in reference to Gardendale Unit 2, Block 5, Lot 18, from "B -1" Neighborhood Business 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. * * * * * * * * * * * * * Minutes --- Regular Council Meeting September 11, 2007 — Page 7 Mayor Garrett opened discussion on Item 22 regarding a contract for engineering consultant services related to the recent public water quality issues. City Secretary Chapa announced that Item 22 was submitted by the City Council Ad Hoc Committee on Water issues. Walter Chiang, Chiang, Patel & Yerby, Inc., thanked the council for the opportunity to present the team that will provide an independent evaluation to assess the water system, address the issues raised by TCEQ, and directly study the water system to resolve the issues. Mayor Garrett said that the committee is working closely with the team to identify the problems and provide a solution so that the issues will not happen again. Council Member Leal thanked the committee on behalf of the citizens. Council members expressed their appreciation to Interim Water Superintendent Angel Escobar for the impressive job he is doing at the water department. Council Member McCutchon stated that the outside consultants were hired to provide an assessment to restore public confidence in the water system. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. MOTION NO. 2007 -237 Motion authorizing the City Manager to execute a contract with Chiang, Patel & Yerby, Inc., of Dallas, Texas for the provision of engineering consultant services to the City Council related to the recent public water quality issues. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. * * * * * * * * * * * * * Mayor Gan-ett referred to Item 16 regarding the Visual Concept Study of the Museum of Science and History by Ralph Appelbaum and Associates. Rick Stryker, Director of the Museum of Science and History, provided a background of the long range planning for the Museum and the Columbus ships; the recommended study plan; and the mission for the museum to accommodate the new concept. Ralph Appelbaum, Appelbaum and Associates, referred to a powerpoint presentation including a map of the museum's role as part of the CTown cultural district; pictures of the museum's current collection of exhibits and Columbus ships; digitalization of the collections; the option and advantages to building a new museum; design concept for the new building with the Columbus ships as the central feature; a map of the world embedded on the floor; views of the central area and upstairs; a diagram of the visitor's experience; the exhibit areas including Rancheros and Tejanos, Discovery of Our World, Technology of Texas History, and the Children's Zone; and the role of technology and culture at the new museum. Council members asked questions regarding the intention to replace the current museum, the Columbus ship concept and accessibility; whether the situation of maintaining the Columbus ships would improve if the ships were indoors; investment in the current exhibits at the museum; reuse of the Spanish ceiling at the new building; cost and funding; and the anticipated increase of new visitors to the museum. Jim Maloney, President of the Friends of the Museum, said he anticipated the cost to be expensive and that the Friends Board believes that most of the funds will come from outside of the city. Minutes — Regular Council Meeting September 11, 2007 --- Page 8 City Manager Noe thanked the Friends of the Museum for their funding of this study and support. Council Members thanked Mr. Stryker and the museum employees for their work. Dr. Gloria Scott spoke regarding the inclusion of African American history to the concept. Mr. Stryker said the intent of the project is to be inclusive and that he is willing to talk to the community for suggestions. * * * * * * * * * * * ** Mayor Garrett opened discussion on Item 18 regarding setting the tax rate of $0.563846 per $100 valuation. Cindy O'Brien, Director of Financial Service, said this item is a motion to approve an ordinance adopting the ad valorem property tax rate of $0.563846 per $100 valuation and includes the effective maintenance and operations rate of $0.364671 and the debt service rate of $0.199175. Bill Kopecky, 3609 Topeka, spoke regarding the debt service rate; changing the beginning of the fiscal year to adopt the tax rate and budget at the same time; and recommended adoption of the tax rate of $0.549193. Council members asked questions regarding the rate for bonds; the debt service fund balance; the value for future capital improvements; whether the proposed rate is consistent with the council policies; the debt service fund potential uses; the amount of money received if the effective tax rate is adopted; and the actual new property values. J.E. O'Brien, 4130 Pompano, spoke regarding overtaxing citizens; no reduction to the debt service rate; and adopting the effective tax rate of $0.549193. Jack Gordy, 4118 Bray, spoke regarding the increase in taxes and adopting the tax rate of $0.549193. Abel Alonzo, 1701 Thames, asked for justification to the increase in taxes. Marianne Kelly, 3402 Schanen, spoke in support of adopting the effective tax rate. Louis Hoelscher, 4429 Congressional Drive, ask the Council to adopt the effective tax rate of $0.549 per $100 valuation. Ms. Leal made a motion to adopt the tax rate of $0.549193 per $100 valuation. The motion died for lack of second. Mr. Kelly made a motion that property taxes be increased by the adoption of a tax rate of $0.563846 per $100 valuation. The motion was seconded by Ms. Martinez and passed; Leal voting "No" (Cooper and Marez were absent) City Secretary Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 027410 Ordinance setting a tax rate of $0.563846 per $100 valuation. The ordinance prescribes the taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2007 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, McCutchon, and Martinez, voting "Aye "; Leal voting "No "; Cooper and Marez were absent. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Minutes — Regular Council Meeting September 11, 2007 — Page 9 * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Dr. Gloria Scott, 4422 S. Alameda, spoke regarding the appointment of an Education Director. Joan Veith, 5701 Cain Drive, spoke regarding trapping possums and the response from Animal Control. Carolyn Moon, 4902 Calvin, spoke regarding the accountability of staff on City issues. Jack Gordy, 4118 Bray, spoke regarding LED and illegal signs. Domingo Ybarra, President of the Corpus Christi Police Officers Association, requested to meet with the Mayor to address issues at the police department. Dr. Nick Adame, President of LU LAC Council No. 1, requested a meeting with the Mayor to review situations at the police department. Abel Chapa, Jr., 1308 Ayers, spoke regarding changing the city council's tenure and giving incentives to citizens for beautification of the neighborhood. John Kelly, 413 Waco, spoke regarding funding for the American Bowling Congress Tournament and the response and cost of his request for public information. Carlos Perez, 2518 Ashlock, spoke regarding drunk driving in Corpus Christi and changing the law to install deep long breath mechanisms in vehicles. * * * * * * * * * * * * * Mayor Garrett referred to Item 17 regarding an update of the Regional Health Awareness Board. Assistant City Manager Margie Rose said the board was created to promote dialogue with citizens related to health, safety, environment and the quality of life. Dr. James A. Mobley, Chairman of the Regional Health Awareness Board, referred to a powerpoint presentation including the creation of the board; the board's mission; characteristics of the board; the 2007 goals; board representation; board duties; active inquires; and board meetings. Council members asked questions regarding the active inquiries; initiatives for diabetes; resources, scientific studies and research; funding; paid positions; office space at health department; when the current funding will be depleted; and using the RHAB as a resource for water issues. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 19 regarding the Voyage Exhibit. Colleen McIntyre, President of the Island Foundation, referred to a powerpoint presentation including a listing of the groups involved; a background of the Voyage program; a map of the Voyage communities locations; a description of the scale model; the components of the exhibit; cost of the project; the materials, maintenance and warranties for the project; sources of funding; and the scope of the project. Ms. McIntyre said the request from the City included the site preparation, installation and regular exhibition cleaning. Council Members asked questions regarding the cost for installation; conflict with the bayfront design; location of the project; and the City's participation. Carol Scott, Corpus Christi Independent School District Board of Trustees, said this was a unique opportunity to have school districts and non - profit organizations come together to support the Voyage project. She added that CCISD plans to fully integrate the curriculum at the appropriate grade levels. Abel Alonzo, 1701 Thames, said it was refreshing to see all the entities working together and asked about the project being ADA compliant. Ms. McIntyre said the heights of the storyboards are wheelchair accessible and some of the components assist the visually impaired. Minutes — Regular Council Meeting September 11, 2007 — Page 10 Sharon Trott, Executive Director of the Tuloso- Midway Independent School District Education Foundation, said the Voyage project was a wonderful and educational benefit to students and visitors. Alicia Needham, Director of Instruction at Flour Bluff Independent School District, expressed support for the Voyage project and said the project encouraged math and science enrichment with the community. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 027411 Resolution approving the submission of a grant application to the Institute of Museum and Library Services to fund the placement of the Voyage Exhibit on Shoreline Boulevard; approving the solicitation of matching funds on behalf of the City to acquire and place the Voyage Exhibit; approving placement of the Voyage Exhibit on Shoreline Boulevard; and agreeing to manage the installation and undertake the maintenance of the exhibit. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 20 regarding the admission fee for Bayfest. Director of Park and Recreation said staff is recommending the approval of admission fees for Bayfest 2007. She added that the item was tabled from the August 28th meeting and that the Bayfest Board of Directors provided a letter stating that the board would like to continue with the current fees. Sue Madrey, President of the Bayfest Board of Directors, said the board did not know how to address the issue of the fee reduction and determination of a person with disabilities. She added that the board believes that the admission fees are reasonable. Hal George, Legal Counsel for Bayfest, said the issues raised by the board included that Bayfest paid the city for department services; instantly recognizing a disability; the effect to the revenues; and that all festivals should have a uniform policy. Wanese Taylor - Butler, Human Relations Analyst, said a disability is defined as limiting a major life function. Council members asked questions regarding the economic impact if the disabled community received the $3.00 discounted rate; whether the City can set a pricing structure; the issues discussed by the Bayfest board; the cost for Bayfest to be ADA compliant; the criteria to determine a special need or disability; current Bayfest admission reductions; whether the nondiscrimination ordinance required changing the price of a ticket; and consideration of a fee reduction or donation of tickets in the future. Abel Alonzo, 1701 Thames, spoke regarding including a reduction of fares for the disabled. Mr. Alonzo read a resolution from the Committee for the Persons with Disabilities unanimously supporting a reduction of fares from $5.00 to $3.00 for individuals with disabilities. Marie Goldston, 502 Barracuda, made the suggestion to donate or allocate a certain number of tickets and determine a way to fairly distribute to persons with disabilities on a fixed income instead of a discounted price. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting September 11, 2007 — Page 11 20. MOTION NO. 2007 -236 Motion approving an admission fee for Bayfest of five dollars ($5.00) per day for adults and three dollars ($3.00) per day for military, seniors and children between the ages of seven to twelve. Children ages six and under are admitted free. Bayfest will be held September 28- 30, 2007. (TABLED 8/28/07) The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 21 regarding the American Bowling Congress Tournament. City Manager Noe stated that this item supports the Convention and Visitors Bureau (CVB) to host the 2001 American Bowling Congress Tournament. He added that the CVB has put together a proposal of $1.1 million with the CVB donating funds as well as raising funds from the community. Mr. Noe said the CVB is asking the city to pledge $500,000 over the next four years. Keith Amold, Convention and Visitors Bureau, announced that the private sector has committed to $250,000. Mayor Garrett, and Council Members Marez and Martinez spoke in support of the project and the economic impact. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 027412 Resolution expressing the City's desire to host the American Bowling Congress Tournament in 2011, and authorizing the City Manager to provide assistance in the form of $500,000 payable over four years, free rental of the American Bank Center Exhibit Hall, and related in- kind services, subject to acceptance of the bid and annual appropriations as required by law. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 23 regarding the Doddridge Street Improvements. Director of Engineering Angel Escobar provided a description of the improvements and the three phases of work. Council Members asked questions regarding the completion time for the total project; phase work street closures; timeframe for closure of Ocean Drive to Santa Fe; sidewalk improvements; the encroachment into the neighborhood; and traffic control, Abel Alonzo, thank City Engineering Angel Escobar and his staff for their work on the Bond 2004 issue. City Secretary Chapa polled the Council for their votes as follows: 23.a. MOTION NO. 2007-238 Motion authorizing the City Manager or his designee to execute a construction contract with Haas - Anderson Construction, Ltd., of Corpus Christi, Texas in the amount of $8,084,452.10 for the Doddridge Street Improvements from Ocean Drive to Staples Street Project. (BOND ISSUE 2004) Minutes — Regular Council Meeting September 11, 2007 -- Page 12 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 23.b. MOTION NO. 2007 -239 Motion authorizing the City Manager or his designee to execute a Construction Materials Engineering Laboratory's Inspection and Materials Testing Services Agreement with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of $59,959 for the Doddridge Street Improvements from Ocean Drive to Staples Street Project. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 24 regarding the Corpus Christi Southeast Weed and Seed Community. Stacie Talbert, Recreation Superintendent, spoke regarding the Weed and Seed efforts for the Flour Bluff area including computer labs, health clinics and expanding the recreation programs. Harold Smith, Weed and Seed Coordinator, provided a background of the Weed and Seed program and the two current sites. He explained that the multi- agency program is to weed out crime and seed in programs to make a difference. Mr. Smith invited the Council to the annual festival on October 20th at Hector P. Garcia Park. Lt. Edward Longoria, Police Department, provided an explanation of the weed program including a new concept to address reentry issues for people coming out of the prison system; ways to direct ex- prisoners to resources of the seed program and other agencies; and taking the opportunity to monitor their efforts. Council members asked questions regarding the location of the Site II West area; funding remaining for the Site II area; whether the weed and seed program had been located in the 78415 area; boundaries of the new site; and the focus areas in Flour Bluff. Abel Alonzo, 1701 Thames, said he was gratefully for the weed and seed program concentrating in the bluff area. City Secretary Chapa polled the Council for their votes as follows: 24.a. RESOLUTION NO. 027413 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the $175,000 grant from the United States Department of Justice, Office of Justice Programs, for support of the Corpus Christi Southeast Weed and Seed Community, for FY 2007 -2008. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 24.b. ORDINANCE NO. 027414 Ordinance appropriating $175,000 from the United States Department of Justice, Office of Justice Programs in the No. 1067 Federal /State Grants fund for support of the Corpus Christi Southeast Weed and Seed Community, for FY 2007 -2008. Minutes — Regular Council Meeting September 11, 2007 — Page 13 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett called for the City Manager's report. City Manager Noe announced two public meetings on September 13th at Island of the Son United Methodist Church and September 20th at Holiday Inn — Sunspree from 7:00 p.m. to 9:00 p.m. to give public comment on the proposed code amendments related to issues at Packery Channel regarding no swimming areas and the length of the no wake zone. Mr. Noe added that citizens unable to attend those meetings can submit written comments to the Parks and Recreation Department by September 28t. City Manager Noe announced that the City received awards for the operation of the six wastewater treatment plants as part of the National Association of Clean Water Agencies with the Whitecap Treatment Plant receiving the Platinum Ten Award for being 100% compliant for 10 consecutive years. Mayor Garrett asked for a status of the work on Waldron Road and whether work could be done on the weekend. Mayor Garrett spoke regarding the patch work on Ocean Drive and the cost of redoing Ocean Drive from Holiday Inn to IH 37. In response to Mayor Garrett, Police Chief Bryan Smith said there are 20 Crisis Intervention Team (CIT) officers and the department is considering training code enforcement officers. Mayor Garrett called for Council concerns and reports. In response to Council Member Martinez, City Engineer Angel Escobar said the Adopt a Spot Program is a fairly new program with four participants. Ms Martinez asked President of the Corpus Christi Firefighters Association Carlos Torres to speak about his recent elected position as a representative for the City. Mr. Torres announced that he was elected to be one of five vice presidents for the State Association of Firefighters. Council Member Hummel) asked questions regarding the quality of paving and timeframe for street repairs at Wood Iron Drive off Acushnet Drive. Mr. Hummell spoke regarding the repair of Shoreline Boulevard and asked for an itemized detail of the 2004 Bond issue. Council Member Elizondo spoke regarding repairing Shoreline Boulevard; a quality control program and comprehensive maintenance program for streets; and a report on the response time from animal control. Mr. Elizondo announced the town hall meeting on September 17th at 6:00 p.m. at Faye Webb Elementary School. Council Member McCutchon spoke regarding received feedback on the proposed ordinance for Packery Channel; the traffic issues at Flour Bluff Independent School District; and consideration of an Island Visitors Center. Dr. McCutchon asked that staff attend next month's Estuary Bays Foundation meeting to discuss sargassum. Council Member Marez asked staff to consider installing beach volleyball courts at Magee Beach. Park and Recreation Director Sally Gavlik said volleyball equipment will be installed at Magee and Corpus Christi Beach during the winter time. Mr. Marez spoke regarding dialogue or partnerships with the County on the retail issues; the status of the noise ordinance; and a timeline for the 2008 bond proposal. Mr. Marez requested a presentation on the response time and call center issues regarding code enforcement. Minutes — Regular Council Meeting September 11, 2007 — Page 14 Council Member Leal asked for a breakdown of the 78415 students by each school and the number of parents serviced and their addresses. Ms. Gavlik said the addresses could not be provided but will provide the number of students in the program. Ms. Leal also requested information on how the children in the 78415 area are being transported to the providers. Ms. Leal spoke regarding the response from animal control on a dog bite, the environmental services department; and when the 78415 youth centerwould be placed on the agenda. Ms. Leal expressed her concern for the juveniles, the neighborhood and the citizen safety in the 78415 area. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 3:38 p.m. on September 11, 2007. * * * * * * * * * * * * * 2 Requested Council Action: 09/18/07 Alternate Date: 09/25/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a service agreement with Southwest Medical Strategies d.b.a. The Doctor's Center of Corpus Christi, TX for occupational medical services, in accordance with Request for Proposal Number BI- 0198 -07, for an estimated three -year expenditure of $172,712 of which $43,178 is budgeted for the remainder of FY 07 -08. The term of the service agreement will be for three years 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. This service will be used by all City departments. Funds are budgeted in the Liability & Employee Benefits Fund. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Award Basis: Funding: Occupational medical services provided will include promotional, pre - assignment, pre - employment, annual, executive and return-to -work examinations, physician participation in the City's disability review committee and legal testimony, as necessary. Occupational injury - related medical treatment may be provided under the terms of this agreement to those City employees who choose to obtain medical care from Southwest Medical Strategies d.b.a. The Doctor's Center. However, injury - related medical treatment is only indirectly related to this contract as injured employees may choose their medical provider. The average cost per annum, over the last three calendar years, of injury - related medical treatment provided by the City's current contracted provider is $241,259. A request for proposal was advertised and issued to eleven service providers. Four proposals were received. Proposals were evaluated across four major criteria: Technical Solution, Proposer's Profile & Qualifications, Cost and Exceptions. An evaluation team comprised of representatives from Human Resources, Purchasing and Risk Management reviewed the proposals and scored each according to the criteria above. The Doctor's Center is recommended for award as it earned the highest overall score and represents the best overall value to the City. Total for Remainder of FY 07 -08 Liability & Employee Benefits Fund. 5611- 40540 - 537341 Michae Barrera Assistant Director of F nancial Services $43,178.00 H 0 / x C - (D E 7 E k g =@o0 7 7 0 5' D \ k 3 =a ®E�@ > S . F) 7 k 0 U/ 2 & \ § 9 c� 0 a _a k 0 # 0) & q k 03 k k® $ / $ "OR- a) & R � $oq 9 / c E / 5,0% 34.7% 21.3% 25.5% SOUTHWEST MEDICAL STRATEGIES D.B.A. THE DOCTOR'S CENTER Corpus Christi, TX 3.5% 35.0% %/ 7/ CONCENTRA Addison, TX @0w% 2k�o WELL CARE M CLINIC, INC. Harlingen, TX *a // %6) 7.2c 10.2 CHRISTUS SPOHN Corpus Christi, TX a/ LO-861,0-19:-0N Iesodoid Jo4;sanbaa H=en C %� $f>9 0 z -0 a ®7 E m_7 I m�03 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/18/2007 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $474,200 from the Department of Homeland Security for funding eligible under the FY 2007 Port Security Grants Program with a City match of $142,800 from the Law Enforcement Trust Fund. B. Ordinance appropriating $474,200 from the Department of Homeland Security in No. 1061 Police Grant Fund to purchase law enforcement equipment for the Police Department with a City match of $142,800 from the Law Enforcement Trust Fund. ISSUE: The Department of Homeland Security has awarded funds for Year 2 under this program as an important component of a coordinated national effort to strengthen the security of America's critical infrastructure. BACKGROUND INFORMATION: The United States Department of Homeland Security initiated a program to improve port security by . establishing the infrastructure Protection Program to strengthen the nation's ability to prevent, protect against, respond to and recover from terrorist attacks, major disasters and other emergencies. These awards are part of the Infrastructure Protection Program (IPP), which are comprised of seven programs that constitute major critical infrastructure sectors. The Police Department will purchase law enforcement equipment to further the security needs of critical infrastructure related to Port Security. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating the funds FUNDING: A 25% match is required on all projects over $25,000. The match is provided from the Law Enforcement Trust fund. CONCLUSION AND RECOMMENDATION: Staff recom ends accepting the grant and appropriating the funds. Attachments: • Award document Bryan P. Smith Chief of Police - P64AC \E'•L� / 1 9., Department of Homeland Security, Preparedness Directorate Office of Grants and Training August 8, 2007 Mr. George K. Noe The City of Corpus Christi 1201 Leopard, City Hall P.O. Box 9277 Corpus Christi, TX 78469 -9277 Dear Mr. Noe: Washington. D.0 20531 I am pleased to inform you that the Office of Grants and Training has approved the application for funding under the FY 2007 IPP -Port Security Grant Program in the amount of $474,200 for The City of Corpus Christi. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact - Program Questions, Gerald Delrosario, Program Manager at (202) 786 -9737; - Financial Questions, the Office of Grant Operations (OGO) at 866 - 9 ASK OGO or 866-927 -5646, or send an email to ask- OGO@dhs.gov; and - Payment Questions, the Office of the Comptroller, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.oe@usdoj_gov. Congratulations, and we look forward to working with you Sincerely, Corey D. Gruber Acting Assistant Secretary, Office of Grants and Training Enclosures air�ls ,. Department of Homeland Security Q Preparedness Directorate 3 Office of Grants and Training Grant PAGE 1 OF 4 1. RECIPIENT NAME AND ADDRESS (Including Zip Codc) The City of Corpus Chris 1201 Leopard, City Hall P.O. Box 9277 Corpus Christi, TX 78469 -9277 4. AWARD NUMBER: 2007- GB- T7-0037 5. PROJECT PERIOD: FROM 06/01/2007 ID 05/312010 BUDGET PERIOD: FROM 06/01/2007 TO 05/312010 6. AWARD DATE 084082007 7. ACTION Initial 1A. GRANTEE IRS /VENDOR NO. 746000576 L SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE FY 2007 1PP- Port Savory Grant Program 10. AMOUNT OF TIES AWARD $ 474,200 11. TOTAL AWARD $ 474200 12. SPECIAL OONDH1ONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is suppmtod under Dcpatus a of Hurricland Scctaity Appropriations Act, 2007. P. L. 109 -295 15. METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND 111LEOF APPROVING DES OFFICIAL Corny D. Gtubcr Acting Assistant Secretary, OIBx of Grams and Training 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEEOFFICIAL Gcrgc E. Nac 17. SIGNATURE OF APPROVING DHS OFFICIAL / n A. .�.' ;/f -C11 ': 19. SIGNATURE OF AtrITIORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT 7 T GB 25 00 00 474200 21. gb07v40136 OJP FORM 4000/2 (REV. 5 -87) PREVIOUS EDITIONS ARE OBSOLETE OJP FORM 40002 (REV. 4-88) Department of Homeland Security Preparedness Directorate Office of Grants and Training AWARD CONTINUATION SHEET Grant PAGE 2 OF 4 PROJECT NUMBER 2007-0B-T7 -0037 AWARD DATE 0&W2007 SPECIAL CONDITIONS I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Grant Operations Financial Management Guide. 2. The recipient agrees to comply with the organizational audit requirements of OMB Circular A -133, Audits of States, Local Governments, and Non-Profit Organizations. 3. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of G &T. 4. The grantee is prohibited from obligating, expending or drawing down finds provided through this award until the required Budget Detail Worksheet and Budget Narrative are reviewed and approved by the Office of Grant Operations (OGO) and a Grant Adjustment Notice (GAN) is issued removing this special condition. 5. The grantee is prohibited from obligating, expending or drawing down finds provided through this award until all applicable programmatic documents are provided to and approved by the program office and a Grant Adjustment Notice (GAN) is issued removing this special condition 6. The recipient agrees that all allocations and uses of the funds under this grant will be in accordance with the Fiscal Year 2007 Port Security Grant Program Guidance and Application Kit yl aa4'p�1 stc 0 Department of Homeland Security Preparedness Directorate Office of Grants and Training AWARD CONTINUATION SHEET Grant PAGE 3 OF 4 PROJECT NUMBER 20M-GB-T7-0037 AWARD DATE 08/08/20 1)7 SPECIAL CONDITIONS 7. The following projects and costs are ineligible for funding and such costs are unallowable under the Part Security Grant Program: a. Projects that are awarded to Ferry systems participating in the FY 2007 Transit Security Grant Program (TSGP): Ferry Supplemental; b. The development of risk/vulnerability assessment models and methodologies; c. Projects in which Federal agencies are the primary beneficiary or that enhance Federal property; d. Projects that study technology development for security of national or international cargo supply chains (e.g., e- seals, smart containers, container tracking, container intrusion detection devices); e. Proof-of-concept projects; f. Projects involving training and exercises that do not meet MTSA standards and/or requirements set by MTSA or DHS; g. Projects that do not provide a compelling security benefit (e.g., primarily economic or safety vs. security); h. Projects that duplicate capabilities being provided by the Federal government (e.g., vessel traffic systems, etc.); L Projects in which there are real or apparent conflicts of interest; j. Personnel costs (except for direct management and administration of the grant award, (i.e., preparation of mandatory post -award reports)); k. Business operating expenses (certain security- related operational and maintenance costs are allowable. See "Specific Guidance on Security Operational and Maintenance Costs" in Appendix 2 (Sea B3) of the FY 2007 Port Security Grant Program Guidance and Application it for further guidance on exceptions); L Reimbursement of pre -award security expenses; m. Weapons, including, but not limited to: firearms and ammunition, for outfitting facilities, vessels, or other structures; n. Outfitting facilities, vessels, or other structures with equipment or items providing a hospitality benefit rather than a direct security benefit Examples of such equipment or items include, but are not limited to: office furniune, CD players, DVD players, AM/FM radios, etc.; o. Projects involving bridge infrastructure, roads, and nuclear power plants; p. Commingling or adjustments of funds or projects from previous rounds of port security grant programs; and q. Signage, projects for placarding and billboards, or hard fixed structure signage. 8. Neither repairs to existing equipment nor replacement equipment costs are funded. Equipment includes, but is not limited to, fencing, lighting. CCTV, access controls, etc. 9. All lighting must meet Occupational Safety and Health Administration (OSHA) requirements. GIP FORM 400012 (REV. 4-88) Department of Homeland Security Preparedness Directorate Office of Grants and Training AWARD CONTINUATION SHEET Grant PAGE 4 OF 4 PROJECT NUMBER 2007 -QB- 77-0037 AWARD DATE 0&'0812007 SPECAL CONDITIONS 10. Radiological detection equipment must be compliant with applicable national guidelines adopted by the U.S. Department of Homeland Security, including ANSI N32313 -2003, ANSI N42.32-2003, ANSI N4233 -2003, and ANSI N4235 -2004. 11. The Transportation Worker Identification Credential (TWIC) is designed to be an open architecture, standards -based system. Fort projects that involve new installations or upgrades to access control and credentialing systems, should exhibit compliance with TWIC standards and program specifications. Recipients of grant finding for the implementation of TWIC systems may be requested by the Federal government to apply these systems in a field test of TWIC readers in accordance with the SAFE Port Act. Systems implemented with grant funding may be used by recipients to comply with the TWIC rulemaking requirements. Recipients may be expected to enter into a cooperative agreement with the Federal government with mutually agreed upon conditions to obtain data and lessons learned from the application of card readers and associated systems. A TWIC nderaaking that will address card reader requirements applied to l frSA regulated facilities and vessels is expected to be published later in 2007. Systems implemented with grant funding may be used by recipients to comply with the all TWIC ruleaoaking requirements. 12. As required by 2 CFR, 215.25, the recipient shall notify G &T's program office of developments that have a significant impact on award -supported activities, including changes in key project stab. If key project staff has not been designated in the recipient's approved application, recipient must request approval prior to hiring. OJP FORM 4000/2 (REV. 4-88) Department of Homeland Security, Preparedness Directorate Office of Grants and Training Washington, D.0 20331 Memorandum To: Official Grant File From: Jeffrey Hall, Environmental Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for The City of Corpus Christi The U.S. Department of Homeland Security (DHS), through the Federal Emergency Management Agency's (FEMA) National Preparedness Directorate (NPD) must consider the environmental impacts of a grant action under the National Environmental Policy Act (NEPA). NEPA requires that any federally funded grant activity be reviewed for potential environmental impact within the place of performance of the project. Recipients of the Fiscal Year 2007 Port Security Grant Program (PSGP) grants are subject to compliance with NEPA. DHS has identified several categories of actions that do not individually or cumulatively have a significant impact on the human environment and therefore do not require an Environmental Assessment (EA) or Environmental Impact Statement (EIS). These categorical exclusions allow grantees to avoid unnecessary analysis, process, and paperwork and concentrate their resources on those proposed actions having real potential for environmental concerns. For an action to be categorically excluded, grantees must satisfy three conditions: 1. The entire action must clearly fit within one or more of the categories of excludable actions listed in DHS Management Directive 5100.1, Environmental Planning Program. 2. The scope of the action has not been segmented to be a small piece of a larger action in order to avoid the appearance of significance. 3. No extraordinary circumstances with potentially significant impacts relating to the proposed action exist. Activities that involve greater potential for environmental effect require a Record of Environmental Consideration. Projects in the following categories require further information from grantees addressing the environmental issues for each project funded by DHS grants: - Acquisition, installation, maintenance, operation, evaluation, removal, or disposal of security equipment to screen for or detect dangerous individuals or dangerous or illegal materials at existing facilities. - Acquisition, installation, maintenance, operation, evaluation, removal, or disposal of target hardening security equipment, devices, or controls to enhance the physical security of existing critical assets. Activities conducted using FEMA/NPD grant funding that requires specific documentation of NEPA compliance must be coordinated between the grantee and the FEMA/NPD Program Manager. out% Department °F Homeland Security x Preparedness Directorate g ` y iv s �J� . GRANT MANAGER'S MEMORANDUM, PT. 1: PROTECT SUMMARY Grant PROJECT NUMBER 200743B-T7 -0037 PAGE 1 OF 1 This project is supported under Department of Homeland Security Appropriations Act, 2007, P. L. 109 -295 1. STAFF CONTACT (Name & telephone number) Gerald Del rosario (202) 786-9737 2. PROJECT DIRECTOR (Name. address & telephone ameba) POP. Eldridge Police Administration Manager P. O- Box 9277 1201 Leopard Carpus Christi, TX 78469 (361) 886-2696 3a. TITLE OF THE PROGRAM FY 2007 IPP- Pad Security Gant Program 3b. FONTS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT FY 2007 IPP- Part Security Grant Program 5. NAME & ADDRESS OF GRANTEE The City of Corpus Christi 1201 Leopard, City Hall P.O. Box 9277 Carpus Christi, TX 78469 -9277 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 06101/2007 TO 05/31/2010 8. BUDGET PERIOD FROM: 06/0I2007 TO: 05/3112010 9. AMOUNT OF AWARD S 474,200 10. DATE OF AWARD 081082007 11. SECOND YEAR'S BUDGET 12. SECOND YEARS BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEARS BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) Through &is accord, the City of Carpus C.hds6 will use grant finding in the amount of $474, 200 *CM the Fiscal Year 2007 Pod Security Grant Program for costs related io the implementation of lnleroprable Regionalized Comnxmication System Erb, Emergency Opaationa/POCCA video link and Emergency Operations/TXDOT video link. These firms are intended to create a sustainable, risk -based and regional securities ptokdien, cad response to threals of and recovery from teanrist attacks, especially explosives and non- conventional threats than would cause major disruption to commerce and significant loss of life. OIP FORM 4000/2 (REV. 4-88) Project [1) hutempuxable Rcgionalimd Communication System £nhanoemmts will be lindod with this grant in the amount of $427,800. Project [2] Emergency Opera video lint will be funded with this grant in the amount of $23.200. Project [3] Emergency XDOT video lint will be Raided with this grant in the amount of $23,200. ORDINANCE APPROPRIATING $474,200 FROM THE DEPARTMENT OF HOMELAND SECURITY IN NO. 1061 POLICE GRANT FUND TO PURCHASE LAW ENFORCEMENT EQUIPMENT FOR THE POLICE DEPARTMENT WITH A CITY MATCH OF $142,800 FROM THE LAW ENFORCEMENT TRUST FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $474,200 from the Department of Homeland Security in No. 1061 Police Grant Fund to purchase law enforcement equipment for the Police Department with a city match of $142,800 from the Law Enforcement Trust Fund. 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, this the 18th day of September, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form _S.t'p 1648 r /L, 2007 l Joseph H' ar ey Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon AGENDA MEMORANDUM DATE: September 18, 2007 SUBJECT: Bayfest 2007 Festival Street Closings AGENDA ITEM: Motion approving the application from Bayfest, Inc. to temporarily close the following street sections for the Bayfest 2007 Festival September 19 - October 2, 2007. a. Northbound Shoreline Boulevard (inside lane only), from the north right of way of Power Street (exclusive of the median crossover at Power Street) to Resaca Street, beginning at 9:00 am, Wednesday, September 19, 2007 through 5:00 pm, Tuesday, October 2, 2007; b. Southbound Shoreline Boulevard (full closure), from the south right -of -way of Resaca Street to the north right -of -way of Power Street, beginning at 9:00 am., Wednesday, September 19 through 5:00 pm, Tuesday, October 2, 2007; c. North Water Street (full closure), between Fitzgerald and Palo Alto Street, Palo Alto Street, Fitzgerald and Resaca Street (full closures) between North Water Street and southbound Shoreline Boulevard from 8:00 am, Thursday, September 20 through 6:00 am, Monday, October 1, 2007; d. Northbound Shoreline Boulevard, (full closure), between north right -of -way line of Power Street north to the end, from 5:00 p.m. Thursday, September 27, 2007 through 6:00 a.m., Monday, October 1, 2007. ISSUE: The Bayfest 2007 festival necessitates the temporary closure of several public streets between Power Street and the Convention Center. The event Co- Chairpersons for this year's event, Mr. Scott Mears and Ms. Veronica Maxwell, have requested the above mentioned street section closures be approved by the City Council for this year's Bayfest festival. REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council approval. RECOMMENDATION: Approval of the motion as presented. el R. Escobar, P.E. Director of Engineering Services Additional Support Material 1. Exhibit A - Background Information 2. Exhibit B - Bayfest 2006 Location Map 3. Exhibit C - Street Closure Map 3.Exhibit D - Street Closure Application ADDITIONAL BACKGROUND INFORMATION Background: Prior Council Action: Since 1975, the City Council has annually approved street closure applications by Bayfest. Inc. to conduct its festivities upon public streets in the bayfront area Background Information: Mr. Scott Mears and Ms. Veronica Maxwell, Co- Chairpersons of Bayfest, Inc., have requested temporary street closures for the 31st annual Bayfest event. Bayfest 2007 festivities will occur on September 28 — 30, 2007. Bayfest, Inc. has agreed to comply with the applicable city code requirements for this type event and has notified 100% of all property owners abutting the street sections requested for temporary closure. Street Closings and Detours: Street closures will commence on September 19, 2007 and conclude on October 2, 2007. Street closings for the Bayfest event are necessary to allow the set -up of booths, stages, and other facilities located within the median area and street sections. Special detour signage will be provided to guide motorists to businesses fronting the closing section of Shoreline Boulevard and to the tourist - related facilities in the Bayfront Arts & Science Park. Traffic signal operations at the intersections of IH 37 with Mesquite, Chaparral, Water and Shoreline Boulevard are adjusted to accommodate the normal traffic patterns associated with Bayfest events. Effect on Bavfront Arts & Science Park Functions: Staff has discussed the proposed street closings with management of the American Bank Center. All events scheduled at the American Bank Center during the same time period of the Bayfest festival street closing will be coordinated by City Staff, American Bank Center officials and Bayfest event chairpersons to accommodate both venues without major inconvenience to the attending public. The usual special signage will be provided to direct motorists to other Bayfront Arts & Science Park attractions via Chaparral Street. Lease Agreement and Reimbursements to City: Lease will be in accordance with City Charter. Exhibit "A" EXHIBIT "B,1 SUBJECT: BAYFEST 2007 LOCATION MAP - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. dt EXHIBIT "C" - SITE PLAN - SUBJECT: BAYFEST 2007 TEMPORARY STREET CLOSURE Traffic Engineering Div. Engineering Services Dept. TRAFFIC ENGINEERING DIVISION DEPARTMENT OF ENGINEERING SERVICES City of Corpus Christi APPLICATION FOR PERMIT TO CLOSE STREET FOR PUBLIC EVENTS 1. Name of Organization Sponsoring Event: Al ? S , 1,1 C• 2. Name of Proposed Event: 6�f #'$7 3. Date of Planned Event: lePliem, ,r "d 3075 d c/b-0311 4. Key Contact Individual -C17/7/10A/14 erc koh /ter italPhone No. IV if/4r9z34 5. Street(s) Requested for Closure, Dates and Times of Day: - ESCRIBE SA 4feAle 611 1-1or441 = goy ,bli Auld • ,Jar j - "Aver fin►of �fz deari acs �„ - I In fop ' srht yr f ay a Al a te'oneA?M 6. Purpose of Event and Detailed Description •f Activities Planned: T or. v a S t 4r 2#1 -ore4 CA#MUn, �ra��s 4 raise o e� - , 1 4)4 1X&( • List foods a d beyera s to be rved: f "an D1- r fc,C ' 11 5 ! S'� lgikS non-- Gi &nc tGf dpnA /A' •d &/,, o 8. Services Requested by I' the City: See c 1, . aet hv000 isy-4st /oz, 4..l Jh 4, O� aruh. 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). ATTACHMENT "D" Permit to Close Street for Public Events 2 11. Attach an official letter of transmittal requesting approval of the event. 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. B. All profits derived from the event shall be for charitable causes; C. Pay the City four - percent (4 %) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintains all and ea ment s bet made to the city within sixty (60) days after the event ends. ($e e C, Co, r C ) D.* Provide and maintain an insurance policy wit the limits and requirements shown on the attached Exhbit "A ". E.* Completion of Indemnification Agreement; F. Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G.* Written approval for the temporary street closure must be obtained from (1) one hundred (100) percent of the managing tenants or, if the property is vacant, managing property owners of the property abutting that portion of the street to be closed to vehicular traffic; and (ii) for the Downtown Management District only (bounded by Lower Broadway, Interstate 327, Shoreline Boulevard (including the marina areas, and Kinney street), ninety (90 %) percent of the managing tenants, or, if the property is vacant, managing property owners of the property abutting that portion of the street to be closed to vehicular traffic. H. Provide adequate number of restroom facilities to accommodate the anticipated public; L* Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. Alt security other than perimeter traffic control shall be provided by sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre - event condition after event ends; 0. Restore any damaged City property promptly after event ends; Permit to Close Street for Public Events 3 P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right - of -way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. * Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Signed: Event Chairman /Organizer Sponsoring Organization Date Submitted: [p -0 INDEMNITY AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL MEN BY THESE PRESENTS WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right-of-way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney's fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of- Way Blockage Permit, will provide and maintain . at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for Bodily Injury and Property Damage or as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with be a Certificate of Insurance furnished to the Director of Engineering Services Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this -�-U. date of �)., L;,.� 200 Permit Applicant cc_.�.. p3&1 Compa y Name EXHIBIT INSURANCE REQUIREMENTS 1. PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until he /she has obtained all insurance required herein and such insurance has been approved by the City. Nor may Permittee allow any subcontractor to commence work until ail similar insurance required of the subcontractor has been so obtained. B. Permittee must furnish to the City's Risk Manager two (2) copies of Certificates of Insurance, with the city named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability including: 1. Commercial form 2. Premises - Operations 3. Products completed Operations 4. Contractual Insurance 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury 51,000,000 COMBINED SINGLE LIMIT for large events Or 5500,000 COMBINED SINGLE LIMIT for small events AUTOMOBILE LIABILITY - -OWNED NON —OWNED OR RENTED 5500,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYER'S LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT 5100,000 C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. 11. ADDITIONAL REQUIREMENTS A. Permittee must obtain workers' compensation coverage through a licensed insurance company or through self - insurance obtained in accordance with Texas taw. If such coverage is obtained through a Licensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. Whether workers' compensation coverage is provided through a licensed insurance company or through self - insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Permittee will be promptly met. B. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed anged or " « between be rr "canceled", canceled sr , and deleting the words, "endeavor to ", and deleting the wording after "left ". Operations" required. The name of the project must be listed under "Description of At a minimum, a 30 -day written notice of change or cancellation is C. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1) -(8), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B (1) -(8) are included or excluded. IiI. A completed Disclosure of Interest must be submitted with your proposal. DEH CERTIFICATE OF INSURANCE 1382690 I DATE /0' 7/1313/00 7 PRODUCER K & K Insurance Group, Inc . 1712 Magnavox Way P.O. Box 2338 Fort Wayne, In 46801 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE INSURED BAYFEST,INC.& BAYFEST ARTS FESTIVAL,INC. P. 0. BOX 1858 CORPUS CHRISTI, TX 78403 COMPANY A LETTER GREAT AMERICAN ASSURANCE COMPA COMPANY B LETTER COMPANY C LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NC =NOT COVERED CO. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDDFYY) POLICY EXPIRATION DATE (I*YDDJYY) LIMITS (in thousands) A a 0 ❑ General Liability Commercial General Liability • Claims Made ®Occur. Owner's & contractors Prot. PAC0568824703 12 : 01AM 7/15/07 12 : 01AM 7/15/08 General Aggregate $ NONE Products- Comp/OpsAggregate $ 5000 Personal &Advertising Injury $ 1000 Each Occurrence $ 1000 Fire Damage (Any one fire) $ 300 Medical Expense (Any one person) $ 5 Participant Legal Liability $ NC A Automobile Liability ■Any auto E All owned autos Scheduted autos ill Hired autos El Non -owned autos • Garage Liability ❑ PAC0568824703 12: 0 1A 7/15/07 12 : 01AM 7/15/08 omen unlit $ 1000 Bodily Injury (per Denson) $ Bodily Injury (per accident) Property Damage $ Excess Liability ❑ • Other than Umbrella form Each Occurrence $ Aggfegate $ Workers' Compensation and Employers' Liability Statutory $ Each Accident $ Disease- Policy Limit $ Disease -Each Employee Participant Accident AD&D $ Primary Medical $ Excess Medical $ Weekly Indemnity $ X DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLES /RESTRICTIONS /SPECIAL ITEMS EVENT: FESTIVAL EVENT DATES: 9/28-30/07. CERTIFICATE HOLDER IS ADDED AS ADDITIONAL INSURED, BUT ONLY AS RESPECTS THE OPERATIONS OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION CITY OF CORPUS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS . WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRE IVE limZ MiM� 1.52 5 AGENDA MEMORANDUM DATE: September 18, 2007 SUBJECT: 2007 Conquer the Coast Criterium Street Closings AGENDA ITEM: Motion approving the application from the Corpus Christi Chamber of Commerce to temporarily close the following street sections on Friday, September 28, 2007 from 4:30 pm to 11:30 pm for the 2007 Conquer the Coast Criterium. a. Schatzel Street from Upper Broadway to Chaparral Street; b. Chaparral Street from Schatzel Street to Peoples Street; c. Peoples Street from Chaparral Street to Upper Broadway ; d. Upper Broadway from Buffalo to Leopard. ISSUE: The 2007 Conquer the Coast Criterium necessitates the temporary closure of several public streets as listed above. The event Chairperson for this year's event, Ms. Monica Pena Moore, has requested the above mentioned street section closures be approved by the City Council for this year's Conquer the Coast Criterium. REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council approval. RECOMMENDATION: Approval of the motion spres nted. 'Angel R. Escobar, P.E. Director of Engineering Services Additional Support Material 1. Exhibit A - Background Information 2. Exhibit B - Event Site Map and Street Closure Map 3. Exhibit C — Street Closure Application BACKGROUND INFORMATION Prior Council Action: None Background Information: City of Corpus Christi Traffic Engineering has a received a permit request to temporarily close various streets as shown in Exhibit "B ". The request was made by Corpus Christi Chamber of Commerce and if approved will accommodate a bike race in the downtown area from approximately 6:00 pm to 11:00 pm on Friday, September 28t ", 2007. The event will be open to the public at no charge and is expect to draw about 100 bike riders and several hundred spectators to the downtown area. As a requirement of the current City Ordinance, the event organizers have given written notice of the proposed temporary street closures to all tenants occupying a tenant space of property abutting that portion of the street to be temporarily closed to vehicular traffic; and in addition to all building managers and property managers of multi- tenant properties abutting that portion of the street to be temporarily closed to vehicular traffic. Traffic Engineering has received one concern for access from local businesses in the area. Accommodations are planned that will address this and all other access issues during the temporary street closures. There are no outstanding issues or concerns as of today September 10, 2007. Any others that may come up between now and race time will be addressed to reasonably accommodate all parties involved. Street Closings and Detours: Street closures will commence at 4:30 pm and conclude at 11:30pm on September 28, 2007. Street closings for the event are necessary to allow the set -up of traffic control devises and other safety devices located within street right of ways. Special detour signage and or traffic officers will be provided to guide motorists to businesses within the affected area of downtown. Effect on adiacent businesses: Staff has discussed the proposed street closings with management of Bank of America and various other business owners and building managers. All activities scheduled during the same time period as the event will be coordinated by City Staff, Downtown Management District and event organizers to accommodate everyone without major inconvenience. Exhibit "A" Page 1 of 2 Event Description: A Criterium is made up of many races (ours will be 5) on the same course that is set up to run in 15 minute intervals. Race length can be determined by a total time or the number of laps. In the case for Conquer the Coast Criterium, the winner will be determined by how many laps can be accomplished in a particular time period. The 2007 Conquer the Coast Criterium will go as followed: 1. Youth & S.T.A.R.R.S. dedication lap @ 6:00 for 1 lap 2. Women's Open for 50 minutes then a 15 minute break 3. 35+ Masters Open for 50 minutes then a 15 minute break 4. Category 4/5 for 45 minutes then a 15 minute break 5. Category 1/2/3 for 90 minutes then a 15 minute break Exhibit "A" Page 2 of 2 CARANCAHUA ST. N SCALE: N.T.S. UPPER BRDND'RAY UPPER BROADWAY LOWER BROADWAY LOWER BROADWAY MESQUITE ST poi / /i// .: CHAPARRAL ST. / / / / / / / /�: WATER ST. -+ RACE DIRECTION FULL ROAD CLOSURE LOCAL TRAFFIC ACCESS RACE RACE DATE: SEPT. 28, 2007 4:30 pm - 12pm EXHIBIT "B" 0".4% eft SITE PLAN & 2007 CONQUER THE COAST CRITERIUM PROPOSED TEMPORARY ROAD CLOSURES & _= i LOCAL TRAFFIC ACCESS ADANWGEN/ 2007/ TRAFFIC /SPECIAL EVENTS /CR"— RACE— TCP- 07 .dwg August 23, 2007 City of Corpus Christi, Texas Traffic Engineering Division Engineering Services Depactuient P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c' CORPUS CHRISTI CHAMBER OF COMMERCE Prosperity. Together. Re: Permit for street closures for Conquer the Coast Criterium Dear Sirs: I would like to request a permit of street closures for Conquer the Coast Criterium that is to be held on Friday, September 28, 2007 with a start time of 6:00 p.m with an end time of 11:00. This event is open to the public at no charge. We are estimating that we will have a hundred riders and two hundred spectators. A criterium, or crit, is a type of bike race held on a short course usually less than 5 km, often run on closed -off city streets. A Grit is made up of many races (ours will be 5) on the same course that is set up to run in 15 minute intervals. Race length can be determined by a total time or a number ()flaps. In the case for Conquer the Coast Criterium, the winner will be determined by how many laps can be accomplished in a particular time frame. The 2007 Conquer the Coast Criterium will follow this type of time line: 1. Youth & S.T.A.R.R.S. dedication lap @ 6:00 for 1 lap 2. Women's Open @ 6:20 for 50 minutes then a 15 minute break 3. 35+ Masters Open ® 7:25 for 50 minutes then a 15 minute break 4. Category 4/5 @ 8:30 for 45 minutes then a 15 minute break 5. Category 1/2/3 @ 9:30 for 90 minutes This event is being sponsored by a local bike club S.T.A.R.R.S., South Texas Area Racers, Riders and Swimmers along with the Corpus Christi Chamber Of Commerce. Conley Sports Production and Management Company has come in to help organize Conquer the Coast and Conquer the Coast Criterium and they will assure that all riders are safe on the course and have spent extra time making sure all turns are especially safe. We will have the Corpus Christi Police Department's help with traffic control. The city of Corpus Christi Parks and Recreation are involved and we will be meeting all their requirements. This course has been certified by TX. BRA. During the event we will be serving refreshments to riders and to the spectators. 1 would like to thank you for all your efforts on this matter. If you have any further questions or concerns on Conquer the Coast Criterium please do not hesitate to contact me. Monica Pena -Moore Special Events Coordinator EXHIBIT "C" 1201 North Shoreline Boulevard Corpus Christi, Texas 78401 361.881.1800 ph 361.882.4256 fax www.corpuschristichamber.org TRAFFIC ENGINEERING DIVISION DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS APPLICATION FOR PERMIT TO CLOSE STREET FOR PUBLIC EVENTS 1. Name of Organization Sponsoring Event rpi's �r�s-1' C nI -of GnhJnfro 617 A•R.R 2. Name of Proposed Event:c N criCY2. -+-tie, Caws+ Cr i 4 e r 3. Date of Planned Event: 'C 4-c- - b' r- 2e 1 '2001_ ^� . eel i# 4. Key Contact Individual: H011.; c Ma ewe (34) /e 5 ? -93KFf Phone No. ?RI- ! 8'O0 c,} gay 5. Street(s) Requested for Closure, Dates and Times of Day - DESCRIBE if 2 '12 207 4p 1 I pry, PDT eo frs + e_: r^ve- I • .. c les S+ Al. -ft) 44e Co, -hor r . Lehreiv d j Es+ -6 N• t49f P Baad_u of yto . 1. V LO 4915 f' 61A Sigtfze 4.1) 4 t€' co v r- CL v v cd FF. j IVO d `W, irA f7c't /feat cL, r her n-F (kiln rte. t 4- , cJ s 2e 1 S4 . 4J! *.fee r -rc c. ics 4 _ it:yr sf "CZIC.'y: 01;p [c . % it k ttil �3,Vrrc it€Y 4 WWW {- F lc Lr° tIUic'dCti° 4- ' 3001, 6. Purpose of Event and Detailed Description of Activities Planned: die ewr is trac r' r The C.I asvILley. tiui mid 'poi d d-i cp-,, 7. List foods and beverages to be served: Fnoef cu .d 6ei1 e 5_ w (t (oe rJe 8. Services Requested by the City: 4 1 - `c c o r A t v o J r iC 44es SfY t- C.Jo5tY - f 4 rasig caws -i-r €s t<, Coffer s m.p pov cu id dome.- mfr -��r v"ePAirr) oIfcQ, GUNi 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11. Attach an official letter of transmittal requesting approval of the event. Permit to Close Street for Public Events 2 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C. Pay the City four - percent (4 %) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D.* Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A ". E.* Completion of Indemnification Agreement; F. Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G.* Written approval for the temporary street closure must be obtained from (1) one hundred (100) percent of the managing tenants or, if the property is vacant. managing property owners of the property abutting that portion of the street to be closed to vehicular traffic: and (ii) for the Downtown Management District only (bounded by Lower Broadway, Interstate 37. Shoreline Boulevard (including the marina areas. and Kinney Street). ninety X90 %) percent of the managing tenants, or, if the property is vacant. manacling property owners of the property abutting that portion of the street to be closed to vehicular traffic. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I.* Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. .Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; O. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right-of-way; R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival -type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. Permit to Close Street for Public Events 3 * Evidence that these conditions have been meet must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Signed: Event Chairman /Organizer Sponsoring Organization Date Submitted: Aj iA5 t 2-3,2.. vo`7 EXHIBIT INSURANCE REQUIREMENTS 1. PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until he/she has obtained all insurance required herein and such insurance has been approved by the City. Nor may Permittee allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Pennittee must furnish to the City's Risk Manager 2 copies of Certificates of insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificate' Bodily Injury and Property Damage Commercial General Liability including: 1. Commercial Form 2. Premises - Operations 3. Products Completed operations 4.. Contractual Insurance 5. Broad Form Property Damage 6. Inert Contractors 7. Persona! Injury S1,000,000 COMBINED SINGLE LIMIT for large events or $500,000 COMBINED SINGLE LIMT for small events AUTOMOBILE LIABILITY - -OWNED NON -OWNED OR RENTED $500,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 • C. In the event of accidents of any kind, Permittee must finish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. II. ADDITIONAL,REQUIREMENTS A. Permittee must obtain workers' compensation coverage through a licensed insurance company or through self - insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the contract for coverage nmst be written on a policy and endorsements approved by the Texas Department of Insurance. Whether workers' compensation coverage is provided through a licensed insurance company or through self - insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Permittee will be promptly met. B. Certificate of insurance: C. * The City of Corpus Christi must be named as an additional insured on the liability coverage,except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. * If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after `left ". * The name of the project must be listed under "Description of Operations" * At a minimum, a 30-day written notice of change or cancellation is required. If the Certificate of Insurance does not show on its face the existence of the coverage required by items I.B (I) -(8), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1) -(8) are included or excluded. III. A completed Disclosure of Interest must be submitted with your proposal. Street Closure insurance requirements 9 -S-00 ep Risk Mgmt. THE STATE OF TEXAS COUNTY OF NUECES INDEMNITY AGREEMENT § KNOW ALL MEN BY THESE PRESENTS WHEREAS, Section ili of said standards, entitled Procedure and Permit Reauirrments, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right -of -way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attomey's fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of -Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for Bodily Injury and Property Damage or as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with be a Certificate of Insurance furnished to the Director of Engineering Services Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this 23 date of > u 5 2002 Permit Applicant OfAvq.saiz 0_,Kmumfc.c. Company Name ACORD CERTIFICATE OF LIABILITY INSURANCE 1 .(pa ' PRODUCER (641) 842 -2135 FAX: (641) 828 -2013 McKay Insurance Agency, Inc. 106 East Main Street P 0 Box 151 Knoxville IA 50138 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Corpus Christi Chamber of Commerce Foundation 1201 N. Shoreline Blvd Corpus Christi TX 78401 INSURER A: General Casualty Co Of WI 24414 ` INSURER B: INSURER C: INSURER D: INSURER E: 'COVERAGES THE POLICIES REQUIREMENT, THE INSURANCE AGGREG OF INSURANCE LISTED BELOW TERM OR CONDITION OF ANY AFFORDED BY THE POLICIES TE LIMITS SHOWN MAY HAVE BEEN HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. REDUCED BY PAID CLAIMS. INSR LTR ADD'L INS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS A GENERAL LIABILITY CGA0495043 9/8/2007 9/8/2008 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES fEa Ocarterwa) $ 100, 000 CLAIMS MADE X OCCUR MEDEXP(Myoneperson) $ Excluded PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: i] POLICY r7 J�COT- f LOC PRODUCTS - COMPIOP AGG $ 2,000,000 AUTOMOBILE — — LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea acc dent) $ BODILY INJURY (Per person) $ BODILY INJURY (Per a— xklent) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESS/UMBRELLA LIABILITY OCCUR n CLAIMS MADE EACIHOCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISION$ below i yyC g (� TORY LI I MITS I I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY UMIT $ OTHER DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Conquer the Coast: September 29, 2007. Certificate holder is an additional insured but only with respect to liability arising out of the operations of the above named insured to include event date listed above and set -up /tear -down dates of September 28 -30, 2007. CERTIFICATE HOLDER CANCELLATION City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 ACORD 25 (2001/08) MCn7S rn,na, nn, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Scott Ziller /CAROL © ACORD CORPORATION 1988 Pa..e f of 9 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) I NS025 (0108).08a Page 2 of 2 6 AGENDA MEMORANDUM DATE: September 18, 2007 SUBJECT: HOLY FAMILY CATHOLIC CHURCH FALL FESTIVAL AGENDA ITEM: Motion authorizing a permit for the temporary closure of street(s) for the Holy Family Catholic Church Fall Festival and authorizing the City Manager, or his designee, to issue a permit for the Festival on an annual basis upon meeting the conditions and requirements for permit in Sec. 49 -17. ISSUE: The Holy Family Catholic Church will require the temporary closure of MacArthur Street between Nogales and Soledad Streets and this requires Council approval. Section 49 -17(a) of the City Code of Ordinances, requires, as a condition of the street closure, that all events shall be open to the public and admission shall be free. REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council approval. RECOMMENDATION: Approval of the motion as presented. L'A gel R. Escobar, P.E. Director of Engineering Services 1 1/46/./---? Additional Support Material 1. Exhibit "A" Background Information 2. Exhibit "B" Site Map 3. Exhibit "C" Permit Application from Holy Family Catholic Church BACKGROUND INFORMATION Background: The Holy Family Catholic Church, located at 2509 Nogales Street, will be holding its annual Fall Festival on October 6 - 7, 2007. This is the Church's fund raiser for the year. Food and drinks will be sold and music and dance demonstrations will be performed. The Church grounds along with the right of way of MacArthur Street between Nogales and Soledad Streets will be used to accommodate the festival activities. All adjacent businesses and operations have been notified and will not be negatively affected by this closure. All booths, tents and equipment will be removed no later than 8:00 a.m., Monday, October 8, 2007, returning the street to its original condition. The church owns the property on both sides of the street closure so no notifications are required. Temporary street closures will begin at 4:00 p.m. and end at 10:00 p.m. on both October 6, and 7, 2007. Exhibit "A" EISENHOWER ST. MACARTHUR ST. SOLEDAD ST HOLY FAMILY CATHOLIC CHURCH 2509 NOGALES NOGALES ST SCALE: N.T.S. MACARTHUR ST. TEMPORARY STREET CLOSURE GUADALUPE EVENT SITE SARITA ST. EXHIBIT: "B" SUBJECT: MACARTHUR ST. TEMPORARY STREET CLOSURE - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. TRAFFIC ENGINEERING DIVISION DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS APPLICATION FOR PERMIT TO CLOSE STREET FOR PUBLIC EVENTS 1 ii 1. Name of Organization Sponsoring Event: ' c, i.�- 74"--1-1.7.1 ' i � 2. Name of Proposed Event: P-1711/ /1 n7- ) L7 i-i- L 3. Date of Planned Event: CC � 7 " 4. Key Contact Individual: t. (.. O ; - Phone No. 7 f '4= • 5. Street(s) Requested for Closure, Dates and Times of Day - DESCRIBE: - 1 - l v f - � 6 g. 7 w 4:4 c 4.1 Aj. ), 4- 1 6. Purpose of Event and Detailed Description of Activities Planned: r/ ,..Th - t. Al ,rt. '- } Z_ t_! hf f./+. ~ �J r f i �5 4✓� �A . 7 / /-) �C l./ 4 it? / /l) 4P /4.. / / [ "C`) 1 / j '4 1.1 5• t [ _ P1i 1 b,,-7/9 '1 G /t� -' % fife+'G pt P ; fr / 5 ffi t/ 41 S , t Li) 5 -i1 / s 4, u ii-C `l Jj 7. List foods and beverages to be served: i-47';,-;),f_ i=.A; �� , 7125113 '71' -t. f 4 r1 z' 5 /4 - fir - 8. Services Requested by the City: R i4- '- C fr 4L' 49- 4 .1> i17 7`c 4/ ,}•C .6; (c7,1ti 5 'TO / j D r i 4- = 0..76 Z-i_" . 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11. Attach an official letter of transmittal requesting approval of the event. EXHIBIT "C" Permit to Close Street for Public Events 2 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C. Pay the City four - percent (4 %) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D.* Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A ". E.* Completion of Indemnification Agreement; F. Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G.* Written approval for the temporary street closure must be obtained from (i) one hundred (100) percent of the manaaina tenants or. if the property is vacant, managing property owners of theproperty abutting that portion of the street to be closed to vehicular traffic; and ill) for the Downtown Management District only (bounded by Lower Broadway. Interstate 37, Shoreline Boulevard (including the marina areas. and Kinney Street). ninety (90 %) percent of the managing tenants,or, if the property is vacant. managing property owners of the property abutting that portion of the street to be closed to vehicular traffic. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I.* Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. .Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; O. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right -of -way; R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival -type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. Permit to Close Street for Public Events 3 * Evidence that these conditions have been meet must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Signed: t"-P1 Event Chairman /Organizer f•gily etiutic Sponsoring Organization Date Submitted: q -141r".47 EXHIBIT INSURANCE REOUIIEMENTS 1. PERMIT 1' ',S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until he/she has obtained all insurance required herein and such insurance has been approved by the City. Nor may Pennittee allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Permittee must furnish to the City's Risk Manager 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability including: 1. Commercial Form 2. Promises - Operations 3. Products Completed operations 4.. Contractual Insurance 5. Broad Form Property Damage 6. Independent Contractors 7. Personal injury $1,000,000 COMBINED SINGLE LIMIT for large events or 5500,000 COMBINED SINGLE LIMT for small events AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED 5500,000 COMBINED SINGLE LIMIT r WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT 5100,000 ' C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. II. ADDITIQNAL REQUIREMENTS A. Permittee must obtain workers' compensation coverage through a licensed insurance company or through self- insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. Whether workers' compensation coverage is provided through a licensed insurance company or through self - insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Permittee will be promptly met. B. Certificate of Insurance: C. * The City of Corpus Christi must be named as an additional insured on the liability coverage,exc ept for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. * If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left". * The name of the project must be listed under "Description of Operations" * At a minimum, a 30 -day written notice of change or cancellation is required. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1) -(8), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1) -(8) are included or excluded. III. A completed Disclosure of Interest must be submitted with your proposal. Street Closure insurance requirements 9 -5-00 ep Risk Mgmt. INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right -of -way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney's fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of -Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for Bodily Injury and Property Damage or as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with be a Certificate of Insurance furnished to the Director of Engineering Services Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this PT/ date of Sett-14,-1 200j Permit Applicant [7 4kdyC t ' Company ame 7 AGENDA MEMORANDUM CITY COUNCIL ACTION DATE: September 11, 2007 SUBJECT: Garcia Arts Education Center Area Street improvements AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Salinas Construction from Pleasanton, Texas in the amount of $686,980.10 for the Garcia Arts Education Center Area Street improvements. ISSUE: This Community Development Block Grant (CDBG) street improvement project will enhance the viability and appearance of the neighborhood surrounding the Garcia Arts Education Center (formerly the Hispanic Arts Center). The project includes the reconstruction and widening of portions of 17th, 18th, and Marguerite Streets adjacent to the existing Center. The existing streets are narrow, unimproved street sections typically 20 feet wide with roadside ditches. The new streets will be 28 feet wide with new curb and gutter and an underground storm water system. Funding for this project began in the FY 2000 Community Development Block Grant Cycle. For the next seven years the project was funded in various amounts to undertake and complete the extensive work required in this area. To accommodate the street widening, the project required the acquisition of eleven parcels of land. Five of these parcels required acquisition of the entire property and relocation of the residents. This element of work is now nearly complete. Two remaining homes are pending asbestos abatement and demolition. This work will be accomplished by the Community Development Block Grant Demolition program prior to construction work beginning. An additional element of work includes a land exchange and relocation of the Neighborhood Day Care Center to an adjacent lot. CDBG program funding will finance the demolition and relocation of the daycare center. The land acquisition and exchange is underway and anticipated to be complete by the end of this month. Upon completion of the home demolitions and land exchange this construction contract is anticipated to begin within the next few months. FUNDING: Funding is available from the FY 2007 Capital Improvement Program (CIP) Budget and the Community Development Block Grant (CDBG) Program. RECOMMENDATION: Staff recommends approval of the motion as presented. `v f /07 gel R. Escobar, P. E. Daniel Gallegos Jr., C Director of Engineering Services H:I HOME LLYNDASIGEN\Streets\CDHG16133 - Garcia Arts13 AGENDA MEMO.doc CD Administrator Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit "D" Location Map H: IHOMEIIYNDASIGENISIreetslCOBG56133 - Garda Arts53 AGENDA MEMO.doc AGENDA MEMO Page 2 of 2 BACKGROUND INFORMATION SUBJECT: Garcia Arts Education Center Area Street Improvements (Project No. 6133/6134) PROJECT DESCRIPTION: This project provides for the design, right - of-way acquisition, and construction of street improvements on portions of 171", 18t ", and Marguerite Streets adjacent to the Garcia Arts Education Center. The new improvements will include widening and realigning of the existing streets with new curbs, gutters, sidewalks, driveways, underground storm water, water, and wastewater improvements. Specific work will include: • street reconstruction and widening of approximately 600 linear feet of 181" Street, • street reconstruction and widening of approximately 350 linear feet of 171" Street, • the realignment of approximately 500 linear feet of Marguerite Street, • approximately 650 LF (18" and 24 ") new underground concrete pipe, • 784 LF of 6" water line, • 1000 LF of 8" and 10" new wastewater line, and • seven (7) new manholes, and miscellaneous appurtenances as required. BID INFORMATION: During the bid opening on August 8, 2007, one (1) bidder submitted a proposal. The sole bid was submitted by Salinas Construction in the amount of $686,980.10 (see Exhibit "C" Tabulation of Bids). The engineer's estimated cost of construction is $699,300. The City's consultant, HDR / Shiner Moseley and Associates, reviewed the one proposal and informed the City of possible factors which might have influenced bidders' lack of interest in bidding this project. Reasons included the large volume of roadway work underway in the area and the volume work anticipated to bid in the next few months. Also, there are inherent complexities of working in a neighborhood setting that some contractors are reluctant to deal with and don't bid. The proposal received from Salinas Construction was 1.43% below the engineer's estimate. Therefore, City staff and HDR/Shiner Moseley recommend that a construction contract be awarded to Salinas Construction from Pleasanton, Texas, in the total amount of $686,980.10 for the Garcia Arts Education Center Area Street Improvements Project so the work may be completed. CONTRACT TERMS: The contract provides for the work to be complete within 120 calendar days of notice to proceed. H: WOME4LYNDA3IGENV3 treets \CDBG18133 - Garcia Arts14 AGENDA BACKGROUND.doc EXHIBIT "A" Page 1 of 2 BACKGROUND: This project was developed under the Community Development Block Grant (CDBG) Program to enhance the viability and appearance of the neighborhood surrounding the Garcia Arts Education Center. The limited funding over the past eight years has required a phased approach to the project. A public meeting was held on July 24, 2003 in which area residents met at the Garcia Arts Education Center to hear a presentation by City staff regarding the project. The residents were in agreement with the proposed project and City staff began negotiations and design shortly thereafter based on appraisal values. H:\ HOMEILYNDAS \GENIStreetsICDBG16133 - Garcia Arts54 AGENDA BACKGROUND.doc EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Garcia Arts Education Center Area Street Improvements (Project No. 6133 / 6134) PRIOR COUNCIL ACTION: 1. September 18. 2001 — Motion authorizing the City Manager or his designee to execute a consultant contract with HDR Engineering for a total fee not to exceed $59,892 for the Garcia Arts Education Center Area Street Improvements, Phase 1 and 2. (Motion No. 2001 -359) 2. January 13, 2004 - Motion authorizing the City Manager of his designee to execute a Real Estate Sales Contract with Sylvia B. Martinez in the amount of $57,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance for Parcel 7 in connection with the Garcia Arts Center Area Street Improvements, Phase 2. (Motion No. 2004 -009) 3. January 27. 2004 - Motion authorizing the City Manager of his designee to execute a Real Estate Sales Contract with Jesus A. Lopez and wife Blanca Lopez in the amount of $20,000 plus $1,000 in closing costs and an additional amount not to exceed $22,500 for relocation assistance for Parcel 3 in connection with the Garcia Arts Center Area Street Improvements, Phase 2. (Motion No. 2004 -035) 4. March 2, 2004 - Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with Melesio G. Rivera and wife, Ygnacia Reyes Rivera in the amount of $43,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for Parcel 8, necessary for the Garcia Arts Center Area Street Improvements, Phase 2, Project #6134. (Motion No. 2004 -081) 5. April 26. 2006 — Resolution authorizing the FY 2005 -2006 Community Development Block Grant (CDBG) Program. (Resolution No. 026237) 6. August 22, 2006 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Robert Leon Sr. & wife, Viola Leon in the amount of $42,500 plus $1,500 in closing costs and an additional amount not to exceed $22,500 in relocation costs for Parcel 6, necessary for the Garcia Arts Center Area Street Improvements, Phase 2, Project #6134. (Motion No. M2006 -259) 7. August 22, 2006 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Carmen C. Torres & Dolores Torres in the amount of $56,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 in relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling, all for the purchase of fee simple property rights to Parcel 5, described as being a part of Tract 5, H. E. Luter Partition, also known as Lots 1 & 2 of the unrecorded Neylands Colonia Mexicana Addition, with H:I HQMELLYNDASIGEN1Streets \CDBG56133 - Garcia Arls15 EXHIBIT A -1 PRIOR PROJECT ACTIONS.doc EXHIBIT "A -1" Pale 1 of 3 the street address of 508 18th Street, necessary for the Garcia Arts Center Area Street Improvements, Phase 2, Project #6134. (Motion No. M2006 -260) 8. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500 (Ordinance No. 026997). 9. May 29, 2007 — Ordinance authorizing the approval of a Land Exchange Agreement between the City of Corpus Christi and Neighborhood Centers of Corpus Christi, Inc. for the exchange of .2023 acres owned by the City out of Lot 2 -A, Lawnview Annex and Lots 8,9,12, & 13, Block 4, Luter Partition, located at the intersection of Eighteenth and Marguerite Streets, in exchange for .2023 acres owned by the Neighborhood Center out of Lot 3, Lawnview Annex, located at 2020 Marguerite Street; approving closing costs not to exceed $2,500; authorizing the City Manager or his designee to execute the Exchange Agreement and a Exchange Deed necessary for the land exchange, all in connection with Parcel 11 of the Garcia Arts Center Area Street Improvement Project (#6133/6134); and declaring an emergency. (Ordinance No. 027292) PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 — Distribution of Request For Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10, 2000 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10, 2001 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4. March 23, 2001 — Letter of Notification to the Request for Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 5. October 3, 2001 — Administrative approval of an Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Fugro South, Inc. in the amount of $6,943 for the Garcia Arts Education Center Area Street Improvements. 6. October3, 2002 — Administrative approval of Amendment No. 1 to the Contract For Professional Services with H DR Engineering for a total fee not to exceed $3,989 for the Garcia Arts Education Center Area Street Improvements, Phase 1 and 2. H:S HOMEILYNDASIGEN \Streets1CO8G16133 - Garda Arts45 EXHIBIT A -1 PRIOR PROJECT ACTIONS.doc EXHIBIT "A -1" Page 2 of 3 7. January 13, 2003 - Administrative approval of Amendment No. 2 to the Contract For Professional Services with HDR Engineering for a total fee not to exceed $7,760 for the Garcia Arts Education Center Area Street Improvements, Phase 1 and 2. S. January 30, 2007 - Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with LNV Engineering, Inc. in the amount of $15,500 for the Garcia Arts Education Center Area Street Improvements. EXHIBIT "A -1" Page 3 of 3 H:\ HOMEILYNDASIGEN1SIreeis \CDBG16133 - Garcia Arts\5 EXHIBIT A -1 PRIOR PROJECT ACTIONS.doc GARCIA ARTS EDUCATION CENTER AREA STREET IMPROVEMENTS PROJECT BUDGET September 18, 2007 FUNDS AVAILABLE: Community Development Block Grant Funds FY '00 FY '01 FY '02 FY '03 FY '04 FY '05 FY '06 FY '07 Total Community Development Block Grant Funds Storm Water CIP Water CIP Wastewater CIP Total $ 210,000.00 55,000.00 80,000.00 120,000.00 156,000.00 181,000.00 185,000.00 987,000.00 129,000.00 9,950.00 125,800.00 $ 1,251,750.00 FUNDS REQUIRED: Construction Contract (Salinas Construction) Street Storm Water Water Wastewater Subtotal Construction Contract $686,980.10 Contingencies 34,335.70 Consultant (HDR Engineering, Inc.) 71,641.00 Engineering Reimbursements 15,000.00 Land Acquisition Costs 416,000.00 Testing 22,000.00 Aerial Photo (Lanmon Aerial Photography) 793.20 Miscellaneous (Printing, Advertising) 5,000.00 Total $1,251,750.00 $399,190.00 112,254.00 66,135.10 109 401.00 EXHIBIT B Page 1 of 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING • CITY OF CORPUS CHRISTI, TEXA5 TABULATED BY Stott Harris, P.E HEIR-Shiner Moseley and Associates DATE: Wednesday, August 6, 2007 718E Of COMPLETION: 129 Calendar Days (Total Base Bid Hems Al- ES) ENGINEER'S ESTIMATE: Total Base 814 :699,309.00 GARCIA ARTS EDUCAT10E CENTER AREA a1REET uPROV0 0591 PROJ4613316134 ea6TAatAMg9 Salinas Cansln1c80n Technologies, Ltd. 3734 Tit 3006 Pleasanton, Teams 78064 w• NIA WA Bid Gam DESCRIPTION QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Al Street Eocavalion 4100 SY 9.90 __ 40,890.00 • - A2 Geogrid Reinfpoemen1 4100 SY_ _ 660 14,78900 _ �. A3 6' Hex BaSe lLimoslona) 4100 SY 14.80 60,68900 • 94 Prima Coal (MC -30) 510 GAL 950 1,785.00 • - A5 Surface Treatment 3350 SY 180 12,73060 • A6 1 -112• HMACP (Type Di 3350 SY 690 29.815 00 _ • • A7 8• Concrete Curb 6 Gutter 2650 LF 14.90 39,485.00 • • A8 Concrete Curb Ramp 9 EA 1,600.00 14,400.00 • • A9 Concrete Sidewalk 9640 SF 400 3656000 010 Concrete Driveway 0100 LF 8.90 9,79080 - • A11 Unanlicipaled Sidewalk Removal 300 SF 2.00 800.00 - 912 Unanticipated Driveway Removal 300 SF 4.45 1,935.00 • 913 Unanlicgwled Cob Removal 60 LF 11.00 660.00 - TOTAL P810 A (17BM9 Al THROUGH A13) 265,190.00 _ r B •1 18' R.C.P. 170 LF 7260 12,24060 - - B -2 24' R.G.P. 434 LF 7900 33,852.00 - B-3 5' Curb Inlet 9 EA, 360900 31,500.00 - B -4 Adival Type A Manhole 1 EA. 1L0900 1,20090 - B -5 Type A FRP Manhole 2 EA. 3,300.00 6,600.00 - - e -6 SR Fence 120 LF 525 63900 - B -7 Erosion Control by Block Sodding 2065 SY 820 11603.00 - B -8 Sidewalk Drain 9 EA. 72900 8,48900 - B -9 Remove Esialing Special Orate 101e1 5 EA. 81500 4,075.00 - • B.10 Trench Safety 645 LF 2.00 1,29000 - - 9.11 Trench Safely ler Storm Water Manholes 3 EA. 17600 52860 • B •12 Trench Safely for Slam Water Inlets 12 EA. 88.00 1,055.00 - - TOTAL Pert B (ITEMS B1 THROUGH B12) 112,254.00 e r • C •1 Water Services 11 EA 1,100.00 12,100.00 • • C•2 6- Water Lire 784 LF 38.70 30.340,80 • • C •3 Trench Solely for Water lines 784 LF 2.70 2,11E80 C.4 Gate Valves for Water lines 3 EA. 4,55900 13,650.00 • • C -5 Grout Abandoned Utility Line 1050 LF 7.55 7,927.50 • - TOTAL Pan C (ITEMS CT THROUGH C5) 86,196.10 01-1 Sanitary Sower Services 21 EA. 1200.00 25,200.00 • , 0 -2 8• Sanitary Sewer 613 LF 4800 28.198.00 0 -3 10• Sanitary Sewer 463 LF 4760 22,701.00 - - D -4 4' DIA Manhole 7 EA, 4,20000 29,400.00 - - 0 •5 Trench Safely for Sanitary Sewer 1060 LF 1.70 1,80290 0•6 Trench Safely for Sanitary Sewer Manholess 7 TA. 30900 2,10900 TOTAL Part D (ITEMS D1 THROUGH 1:16) 109,401.00 - - Page 1 01 2 EXHIBIT "C" Page 1 of 2 TARUUTION OF SIDS DEPARTMENT OF ENGINEERING • CITY OF CORPUS CRHISTI, TEXAS TABULATED BY Scott Han's, P.E. HEIR-Shiner Moseley and Associates DATE: Wednesday. August 9, 2007 TIME OF COMPLETION: 120 Calendar Days (Total Base Bld Items Al. E5) ENGINEER'S ESTIMATE: Total Base Bid 9699,300.00 %ARC,U ARTS S nl1CATgN CENTER AREA STREET IMPROVEMENTS PRO.. a 6199 /(1134 BA) TAMI ATION 9alinaa Construe In Technologies, Ltd. 9734 FM 3006 Pleasanton, Texas 78064 WA N/A Sid Item DESCRIPTION _ _. OTY,UMT. _ war PRICE _ _ AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT E -1 Mobilization, Demobilisation and Bond6 1 LS. 102,000.00 102,000.00 -_ 0-2 Traffic Control Measures 1 L.S. 9,000.00 9000 E -3 Exploratory Excavations 1 LS. 5,300.00 5,300.00 - E -4 Survey Mon rnenl 6 EA. 650.06 5,100.00 - E.5 Ozone Day 3 EA. 4,200.00 12,500.00 - TOTAL P11r1 E (ITEMS El THROUGH E5) 154,000 -00 • PART A- STREET IMPROVEMENTS PART B- DRAINAGE IMPROVEMENTS PART C- WATER UTILITIES PART D. WASTEWATER UTILITIES PART E- OTHER TOTAL RASE RIO 5265,190.00 9112,254.00 566,135.10 5150,401.00 5134,000.00 $886,980.10 Page 2 0l 2 EXHIBIT "C" 1 Pape 2 of 2 File : \ Mproject\ councilexhibits \exh6133/6134.dwg PROJECT LOCATION CORPUS CHRJSTI BAY LOCATION MAP LOCATION SCALE LAREDO MEM PROJECT # 6133/6134 ■ _i MIME ■ MARY I� El PP gm- IIllhIIiH ENNA I VICINITY MAP NOT 10 SO4e.E W, PROJECT SITE & EXTENTS EXHIBIT "D" GARCIA ARTS EDUCATION GTR. AREA STREET IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 oft DATE 07- -3? -07 =Sir MN =IMP NMI S CITY COUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: SEPTEMBER 18, 2007 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract, Drainage & Utility Easement, and Temporary Construction Easement with Diaz Capital Partnership Ltd. and Nabil Emilady, Trustee in the amount of $175,000 plus $2,500 in closing costs for Parcels 5A, 5B, 5C, 6A, 6B, and 6C, all out of Lots 22, 23, and 24, Section 20, Flour Bluff & Encinal Farm & Garden Tracts located on Brooke Road between Airline Road and Rodd Field Road, necessary for the Master Channel 27 Drainage Improvement Project ( #2263). ISSUE: The Master Channel 27 Drainage Improvement Project consists of 2.05 miles of channel excavation and construction which is designed to reduce flooding in the adjoining areas affected by present and future development. The proposed channel originates at Cimarron Boulevard and continues eastward into the Cayo Del Oso as shown on the Exhibit B route map. City staff has negotiated and acquired 14 of the 30 parcels of drainage right -of -way needed for this project. Negotiations had previously reached an impasse for Parcels 5A through 6C which are owned by Diaz Capital Partnership, Ltd. and Nabil Emilady, Trustee. City Council approved a resolution on August 21, 2007 authorizing acquisition of these parcels by the City's right of eminent domain. A petition for condemnation was filed by the City on August 31, 2007 under Cause No. 0761995 -4. A settlement has subsequently been reached with the owners in the amount of $175,000. City Council approval is required for acquisition of real estate whose cost exceeds $50,000 and for authorization of the City Manager or his designee to execute all necessary documents in connection with this acquisition and settlement. FUNDING: Stormwater 550701 00000- 170578 RECOMMENDATION: Approval of the motion as presented. f gel R. Escobar, P. E. 'rector of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. 7/4907 Background Information Master Channel 27 Route map Parcel Map Real Estate Sales Contract Summary H:IHOMEIEUSEBIOGIGENWgenda Items\Master Channel 27. Diaz. RESCIAgenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Master Channel 27 Drainage Improvements ( #2263) Acquisition of Parcels 5A,5B,5C,6A,6B, & 6C PROJECT BACKGROUND: The Master Channel 27 Drainage Improvements Project will be constructed to help reduce flooding of the Mary Carroll Channel and Master Channel 31 drainage systems in their conveyance of storm water runoff. This new channel is designed to help reduce flooding in the adjoining areas. This project will consists of an earthen open channel with reinforced concrete box culverts at road crossings. The length of the channel will be approximately 2.05 miles beginning at Cimarron Boulevard and ending at the Cayo Del Oso. A total of 30 parcels consisting of drainage right -of -way and drainage /utility easements are necessary to be acquired for this project as shown on the attached Exhibit B. City staff is currently in negotiations for all the needed parcels and have acquired 14 to date. Negotiations with the landowners for Parcels 5a through 6c had reached an impasse. A City Council resolution was passed on August 21, 2007 which permitted the use of eminent domain proceedings to acquire the necessary parcels of land. The landowners have reconsidered their counter offer and have agreed to an administrative settlement. PARCEL DESCRIPTIONS: There are six parcels that are needed from the landowners located along Brooke Road between Airline Road and Rodd Field Road as shown on the attached Exhibit C. Parcels 5B and 6C, containing 3.27 acres, will be needed for construction of the open channel across two tracts of land. Parcels 5C and 6A, containing .73 acres, will be needed for installation of underground concrete boxes and for utilities. Parcels 5A and 6B consists of a ten foot wide strip of land containing .26 acres which is necessary for access to the drainage channel during construction and for future widening of Brooke Road. These parcels are located on a 6.7 acre tract and a 17.9 acre tract owned by Diaz Capital Partnership, Ltd. and Nabil Emilady, Trustee. The land is currently unplatted, vacant and zoned FR or Farm Rural. This land use zoning will be permitted to be converted in the future to residential or multi - family use. PARCEL NEGOTIATIONS: The City and its consultant, Maverick Engineering, presented the landowners with a plan to construct the drainage channel along the north side of their two tracts of land which front on Brooke Road. The landowners agreed to dedicate the needed parcels of land for the City's project. In return, the City had agreed to construct the channel on their land at no cost to them. In addition, the City would provide them access to their land from Brooke Road by granting them an Access Easement. The landowners signed a letter to the City which agreed to this dedication and to execute a Dedication Agreement which would be escrowed at a title company. Upon presenting the Dedication Agreement for their signature, the landowners recanted their agreement and stated that they required compensation instead. The City proceeded to appraise the parcels and contracted American Appraisers, Inc. for their valuation. An appraisal report was received in the total amount of $158,050 based on the residential use value. The City presented an offer to the landowners based on the appraisal of the land. The landowners rejected the offer as being insufficient and EXHIBIT A countered with their value of $401,650 based on their perceived commercial value of the property. As a measure of good faith negotiations, the City subsequently presented an updated written offer containing a 5% increase in the amount of $166,177. This amount was also rejected by the landowners. A final letter offering an administrative settlement in lieu of condemnation in the amount of $174,485 was sent which would hold the amount until August 27, 2007. The landowners rejected this amount with a counter offer of $200,000. The City land acquisition staff proceeded to file a condemnation suit on August 31, 2007 under Cause No. 0761995 -4. Since filing the petition, the landowners have reconsidered and have notified the City that they will accept an amount of $175,000. This total payment of $175,000 is broken down to $154,325 for the Real Estate Sales Contract, $8,100 for the Drainage and Utility Easement, and $12,575 for the Temporary Construction Easement. In addition, they have executed an Irrevocable Right of Entry permitting the City to enter the property to commence construction. At the request of the landowners, the Real Estate Sales Contract will be escrowed at San Jacinto Title Company, 802 N. Carancahua, Corpus Christi, Texas. PRIOR COUNCIL ACTION: 1. January 24, 2006 - Ordinance amending the 1961 Master Plan for storm drainage for the area south and west of the City of Corpus Christi, Texas to extend Master Channel 27 from Airline Road west to Cimarron Boulevard and reconfigure Master Channel 27 drainage basin; and providing for publication. (Ord. No. 026634). 2. January 23, 2007 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract and a Temporary Construction Easement with the owners Charles Scott Mandel and wife, Thelma Mandel for a total expenditure of $156,718 which includes $130,900 for fee simple property rights to 3.74 acres of land, $2,100 in closing costs, and $23,718 for a 4.77 acre temporary construction easement and related fencing; all out of Lots 17 and 18, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located on Cimarron Boulevard midway between Saratoga and Yorktown Boulevard; necessary for the Master Channel 27 Drainage Improvement Project ( #2263) and for other municipal purposes. (Motion No. M2007 -023) 3. March 27, 2007 - Motion waiving an irregularity and authorizing the City Manager or his designee to execute a Construction Contract with Ramos Industries, Inc. of Pasadena, Texas in the amount of $10,356,062.70 for the Master Channel 27 Improvement projects for the Base Bid and Additive Alternates No. 1, 3, and 4. (Motion No. 2007- 087) 4. May 15, 2007 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Gloria Diane Oliver Meerdink in the amount of $25,000 for fee simple property rights to 9.843 acres of land, plus $900 in closing costs; all out of Lots 20 and 21, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located off of Brooke Road and County Road 7B; necessary for the Master Channel 27 Drainage Improvement Project ( #2263). (Motion No. M2007 -125) 5. May 29, 2007 - Motion authorizing the City Manager, or his designee, to execute a Construction Management Services Contract with Anderson Group Construction Management Company of Corpus Christi, Texas in the amount of $199,350.00 for the Master Channel 27 Drainage Project. (Motion No. M2007 -142) 6. August 21, 2007 - Resolution determining a public necessity to acquire fee simple title to the surface estate only for a storm water drainage project, known as the EXHIBIT A Master Channel 27 Drainage Project, on five tracts of land known as Parcels 5A,5B,6A,6B, and 6C; and for a related Drainage and Utility Easement known as Parcel 5C; together with two related Temporary Construction Easements; all out of Lots 22, 23, and 24, Section 20, Flour Bluff & Encinal Farm & Garden Tracts; from the owners, Diaz Capital Partnership Ltd. and Nabil Emilady, Trustee; for the public purpose and use as a storm water drainage channel and for other related purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of the City's power of eminent domain. (Resolution No. 027374) PRIOR ADMINISTRATIVE ACTION: None FUTURE COUNCIL ACTION: 1. Authorize the acquisition of parcels whose cost exceeds $50,000 and, 2. Authorize the payment of any Special Commissioners Award for the condemnation of any parcels. H:IHOMEIEUSEBIOGIGENIAgenda Items1Master Channel 27. Diaz. RESC\Background.doc EXHIBIT A E9ZZ'ON 133tOdd Al0 to cty0 OF) O`5'O by g LOCATION MAP N PARCEL MC BAPTIST CHURCH DIAZ/ ILADY 6.67 CITY PROJECT No. 2263 VICINITY MAP NOT TO SCALE MASTER CHANNEL 27 DRAINAGE IMPS. PARCELS 5A, 5B, 5C, 6A, 6B, & 6C EXHIBIT C CITY COUNCIL EXHIBIT CITY D TM� ENOI �S PAGE: I of i DATE: 08 -14 -2007 11101•Wille■ Real Estate Sales Contract Summary This Contract is entered into by Nabil Elmilady, Trustee for Employees Defined Benefit Pension Plan for Elmilady Clinic P.A. and the Diaz Capital Partnership, Ltd., a Texas Limited Partnership of 2821 Ocean Drive, Corpus Christi, Nueces County, Texas 78404 ( "Seller") and the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 ( "Buyer"). Terms: 1. Seller for the consideration and under the terms set out in the contract, agrees to convey to Buyer the following described property: Five (5) tracts of land is described by metes and bounds on the attached and incorporated as "Exhibit Al, A2, A3, A4, and A5," and shown on survey maps attached and incorporated as "Exhibit B1, B2, B3, B4, and B5 ". (Premises) 2. Purchase Price - $154,325 cash. 3. Seller to provide title insurance at Buyer's expense. 4. Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed. 5. All taxes to be paid by Seller, up to and including 2006. Taxes for 2007 will be prorated to the date of closing and paid for by Seller. 6. Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. 7. Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. 8. Transaction to be closed on or before 90 days from the date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Council and signed by the City Manager or his designee within 60 days of the contract date. 9. The contract will survive the closing of the sale and delivery of the General Warranty Deed and other conveyance documents. 10. Acquisition is under the threat of eminent domain proceedings. 11. Buyer's contractor is permitted to proceed with construction on the subject Premises upon Seller's execution of this Contract or by executing an Irrevocable Right of Entry to Buyer. 12. Time is of the essence in closing this transaction. EXHIBIT D 9 AGENDA MEMORANDUM AGENDA ITEM: September 18, 2007 a. Motion approving the second amendment to the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement submitted by Al Development, Inc., owner and developer of South Fork Unit 4 Subdivision for the reconstruction of the existing Master Plan Lift Station No. 1047 (Greenfields by the Bay), located east of Rodd Field Road and south of Wooldridge Road; and b. Ordinance appropriating $32,000.00 from the Sanitary Sewer Trunk System Trust Fund No. 540450- 21800 -4220 to pay Al Development, Inc. for the construction and installation specified in the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement; and declaring an emergency. ISSUE: The first amendment did not include $32,000.00 paid for the permanent lift station electrical work completed during the temporary pumping project. The second amendment is required to insure the correct amount of funding is available to the project RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Bob Nix Assistant City Manager of Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Location Map Original Cost Estimate First Amendment Cost Estimate Second Amendment Cost Estimate Second Amendment To Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The existing Greenfields by the Bay Lift Station and Force Main (Exhibit B) is currently operating at its rated capacity as determined in a Design memorandum prepared by Naismith Engineering, Inc. dated February 17, 2005. The developers for South Fork Units 3, 4, 5, Momingstar Unit 2, and Greenfields by the Bay Unit 3 proposed to install a temporary pumping system, as designed by Naismith Engineering, Inc., to increase the pumping capacity of the existing lift station and allow them to proceed with their developments while the replacement lift station and force main were constructed. One of the construction requirements for the temporary pumping system was to install 480 volt, 3 -phase electrical service. The project electrical engineer verified the electrical improvements required for the temporary improvements are equivalent to and could be used on the proposed Greenfields by the Bay Lift Station. Development Services, after discussion with the Legal Department, determined that reimbursement from the new Greenfields by the Bay Lift Station Agreement is allowed because the electrical work is required for and would be used on the new lift station. The cost of the electrical work was bid at $32,000.00. It included the installation of a new power pole, 425 linear feet of underground conduit, transformer with concrete pad, and all wiring, connections, junction boxes, etc. to provide power to the lift station. When the electrical work was completed, inspected, and accepted by the City, the Developer was paid $32,000.00 from the funds appropriated for the new Greenfields by the Bay Lift Station and Force Main that reside in the Sanitary Sewer Trunk System Trust Fund. Council approved the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement between the City and Al Development, Inc. May 23, 2006 and appropriated $975,210.63 for construction of the new lift station and force main by Ordinance 026788. The total reimbursement amount of $975,210.63 included $811,747.24 for the estimated construction cost of the new lift station and force main and $163,463.39 for professional services provided by Naismith Engineering, Inc. (Exhibit C). The project was bid and Big State Excavation had the lowest bid at $1,087,300.00. The low bid was higher than the project budget and Big State Excavation presented a Value Engineering proposal reducing their bid by $48,500.00 for a bid total of $1,038,800. Naismith Engineering, Inc. requested the City prepare the first amendment to the original agreement to reflect the increased construction cost (Exhibit 0). The amendment was approved by Council November 14, 2006. The amendment amount of $227,052.76 did not account for $32,000.00 paid for the permanent lift station electrical work completed during the temporary pumping project leaving the project under funded. The Second Amendment Cost Estimate (Exhibit E) includes $32,000.00 for the electrical work completed during the temporary pumping project for a total project cost of $1,234,263.39. To insure adequate funds are available to the project, staff recommends approval of Amendment No. 2 (Exhibit F), which will appropriate an additional $32,000.00 for the Greenfields by the Bay Lift Station and Force Main. Exhibit A Page 1 of 1 LOCATION MAP Exhibit B Greenflelds By The By - Lift Station Improvements Triples Lilt Station 1 Pumps - Flygt NP -3171 (30 hp) 2 Margins' Wet Well 3 In s11ation of Wet Well / Pumps 4 Tie to Exiting Wet Well 5 Yard Piping 6 Suction and Discharge Piping 7 Valves 8 Lift Station Accessories Cable Rath Access Covaa, Brackets Floats, Lift Claim Guide Rails, Guide Raft Bracket 9 Electrical / Controls Lift Station Controls (Permanent) Dynan Controls (Bypass) Antaana (Byps+ss) Bypass Electrical (B3v ) T andbrmer Pad (Bypass) Trencithrg / Conduit (Symms) Lift Station Electrical (Pamaseat) 10 Demolition / h&c. She War 11 Standby Power- Emergency Generator 12 Odor Control System 13 Damming / Weft Pointing 14 SCADA System 15 4" Crushed Limestone 16 Caaasnete Drive 17 CM Wall / Gate Lift Station Contraction Sub -Tote 12" Force Main I Proposed 12" Farce Main 2 Connection to 12" Face Main (LS 41.1) Force Maio Contraction Sub -Toga! Professional SWANS Qss.rtty Wit alit 1Mes 3 EA $42,000.00 1 EA $50,000.00 1 LS $50,000.00 1 LS 57,500.00 1 LS 515,000.00 1 LS 515,000.00 1 LF 522,000.00 1 1 1 1 1 1 1 1 1 1 5 1 1 1 1 ccccgcccc10410ccc 3,500 LF 1 EA $4,000.00 56,00000 $21,000.00 510,000.00 $2,000.00 515,000.00 $2,000.00 $10;000.00 $*00000 $15,000.00 545,000.00 160,000.00 $10,000.00 512,000.00 54,49713 $7,775.00 525,000.00 u 5 511,000.00 9415114k wws7RrCTMN Eagineering Topographic Survey Contract Administration Testing (Geotedaniod) Way Acquisidon ROW Surveying, Parcel Descriptions, At Maps cr:s.. Itampser. tamps. r:: 7.50% 2.00% 2.00% 1.00% ftoF1rns'At **Veen PROJECT TOTAL: Paw St all 5126,000.00 550,000.00 550,000.00 57,500.00 $15,000.00 515,000.00 522,000.00 $4,000.00 56,000.00 521,000.00 *10.000.00 52,000.00 515,000.00 $2,00000 510,000.00 M000.00 $15,000.00 $45,000.00 $60,000.00 $50,000.00 512,000.00 $4,497.23 57,775.00 525,000.00 $594,77223 5205,975.00 111,000.00 *216.975.00 alislfl t3 560,181.04 516,23494 $16,23494 $8,117.47 516,995.00 1,21043f Exhibit C Page 1 of 2 6.- U zsyasa r Lill Swiss r.p.y_L First Amendment Cost Estimate Greenfields by the Bay Lift Station and Force Main Lift Station and Force Main Quantity Unit Price Total Bid 1 Connection to Existing 16" FM 1 LS $6,300.00 $6,300.00 2 6 -foot Precast Conc. Wall 205 LF $201.83 $41,375.00 3 15' Cantilever Gate 1 EA $14,000.00 $14,000.00 4 24" PVC Gravity Sanitary Sewer 12 LF $600.00 $7,200.00 5 Trench Safety 1460 LF $1.00 $1,460.00 6 Adjust Rim Elevation of Exist. SS 1 EA $1,000.00 $1,000.00 7 Connection of 24" PVC to Exist. Wetwell 1 EA $2,500.00 $2,500,00 8 Lift Station and Appurtenances 1 LS $373,000.00 $373,000.00 9 12" C -900 - DR18 3480 LF $59.00 $205,320.00 10 20" Steel Casing by Open Cut 40 LF $175.00 $7,000.00 11 Asphalt Pavement Repair 15 SY - $68.00 $1,020.00 12 Electrical Work 1 LS $93,500.00 $93,500.00 13 Lift Station Controls 1 LS $8,500.00 $8,500.00 14 Storm Water Pollution Prevention Plan 1 LS $5,000.00 $5,000.00 15 Odor Control Unit 1 LS $134,500.00 $134,500.00 16 Demolition & Removal of Exist. Lift Station 1 LS $10,000.00 $10,000.00 17 Concrete Driveway 1 LS $33,000.00 $33,000.00 $10,000.00 18 4" Crushed Limestone 1 LS $10,000.00 19 100 KW Diesel Generator 1189 Gal. Tank 1 LS $56,500.00 ;56,500.00 20 Scada System by Rabalais 1 LS $27,625.00 ;27,625.00 Sub Total Lift Station and Force Main $1,038,800.00 Professional Services 1 Engineering 7.50% $60,881.04 2 Topographic Survey 2.00% $16,234.94 3 Contract Administration - - 2.00% $16,234.94 4 Testing (Geotechnical) 1.00% $8,117.47 5 Right -of -Way Acquisition $16,995.00 6 R.O.W. Surveying, Parcel Descrip, & Maps - $45,000.00 $163,463.39 Sub Total Professional Services 1 1 1 _ Project Total $1,202,263.39 Exhibit D Second Amendment Cost Estimate Greenfields by the Bay Lift Station and Force Main Lift Station and Force Main Quantity Unit Price Total Bid 1 Connection to Existing 16" FM 1-LS $6,300.00' $6,300.00 2 6 -foot Precast Conc. Wall 205 LF $201.83 $41,375.00 3 15' Cantilever Gate 1 EA $14,000.00 $14,000.00 4 24" PVC Gravity Sanitary Sewer 12 LF $600.00 $7,200.00 5 Trench Safety 1460 LF $1.00 ;1,460.00 6 Adjust Rim Elevation of Exist. SS 1 EA $1,000.00 $1,000.00 7 Connection of 24" PVC to Exist. Wetwell 1 EA $2,500.00 $2,500.00 8 Lift Station and Appurtenances 1 LS $373,000.00 $373,000.00 9 12" C -900 - DR18 3480 LF $59.00 $205,320.00 10 20" Steel Casing by Open Cut 40 LF $175.00 $7,000.00 11 Asphalt Pavement Repair 15 SY $68.00 $1,020.00 12 Electrical Work 1 LS $93,500.00 $93,500.00 13 Lift Station Controls 1 LS $8,500.00 $8,500.00 14 Storm Water Pollution Prevention Plan 1 LS $5,000.00 $5,000.00 15 Odor Control Unit 1 LS $134,500.00 $134,500.00 16 Demolition & Removal of Exist. Lift Station 1 LS $10,000.00 $10,000.00 17 Concrete Driveway 1 LS $33,000.00 $33,000.00 18 4" Crushed Limestone 1 LS $10,000.00 $10,000.00 19 100 KW Diesel Generator 1189 Gal. Tank 1 LS $56,500.00 $56,500.00 20 Scada System by Rabelais 1 LS $27,625.00 $27,625.00 Sub Total Lift Station and Force Main $1,038,800.00 Professional Services 1 Engineering 7.50% $60,881.04 2 Topographic Survey 2.00% $16,234.94 . 3 Contract Administration 2.00% $16,234.94 4 Testing (Geotechnical) 1.00% $8,117.47 5 Right -of -Way Acquisition $16,995.00 6 R.O.W. Surveying, Parcel Descrip, & Maps $45,000.00 Sub Total Professional Services $163,463.39 ** Electrical Work Installed by Others 1 LS $32.00 $32,000.00 Project Total $1,234,263.39 Exhibit E SECOND AMENDMENT TO SANITARY SEWER TRUNK FORCE MAIN AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This agreement amends Section 11a of the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement ( "Agreement"), dated May 12, 2006 between the City of Corpus Christi ( "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas 78469 -9277 and Al Development, Inc., ( "Developer"), a Texas Corporation, 6530 Samba Drive, Corpus Christi, Texas 78414, the Agreement is incorporated herein by reference, the same as if recited herein verbatim, the terms and conditions shall remain in force and effect, except as amended. C. Section 11 of the Agreement is revised to read: 11. REIMBURSEMENT a. The City will reimburse Developer 100% of the cost of the Master Plan Lift Station and Sanitary Sewer Trunk Force Main, not to exceed $1,234,263.40, upon satisfactory completion, testing, inspection, and compliance with approved plans and specifications. See attached cost estimate (Exhibit 3). Exhibit F Page 1 of 3 Tr if IN TRIPLICATE originals, this 7 N day of SW 3-, , 2007. DEVELOPER:rAI Development, Inc. By: L r Alireza Mostaghasi THE STATE OF TEXAS COUNTY OF NUECES § § § This instrument was acknowledged before me on the T4 day of $tPT - , 2007, by Alireza Mostaghasi, President, Al Development, Inc., a Texas Corporation. 1 Page 2 of 3 010Z 'Pt Aiorugal selldx3 uotselwwo3 Ail sexej, jo esetg '31FInd ARHoN HI NSA% 3 snavH3 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 i3- day of 5t_p . -ice.: C Gar W. bnith, 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 3 of 3 Second Amendment Cost Estimate Greenfields by the Bay Lift Station and Force Main Lift Station and Force Main Quantity Unit Price Total Bid 1 Connection to Existing 16" FM 1 LS $6,300.00 $6,300.00 $41,375.00 2 6 -foot Precast Conc. Wall 205 LF $201.83 3 15' Cantilever Gate 1 EA $14,000.00 $14,000.00 17,200.00 4 24" PVC Gravity Sanitary Sewer 12 LF $600.00 5 Trench Safety 1460 LF $1.00 $1,460.00 6 Adjust Rim Elevation of Exist. SS 1 EA $1,000.00 $1,000.00 7 Connection of 24" PVC to Exist. Wetwell 1 EA $2,500.00 12,500.00 8 Lift Station and Appurtenances 1 LS —LF $373,000.00 1373,000.00 9 12" C -900 - DR18 3480 $59.00 $205,320.00 10 20" Steel Casing by Open Cut 40 LF $175.00 $7,000.00 11-I Asphalt Pavement Repair 15 SY $68.00' $1,020.00 12 Electrical Work 1 LS $93,500.00 $93,500.00 13 Lift Station Controls 1 LS $8,500.00 $8,500.00 _ 14 Storm Water Pollution Prevention Plan 1 LS 15,000.00' $5,000.00 15 Odor Control Unit 1 LS $134,500.00 $134,500.00 16 Demolition & Removal of Exist. Lift Station 1 LS $10,000.00 110,000.00 17 Concrete Driveway 1 LS $33,000.00 $33,000.00 18-4" Crushed Limestone 1 LS $10,000.00 $10,000.00 19 100 KW Diesel Generator / 189 Gal. Tank 1 LS $56,500.00 $56,500.00 20 Scada System by Rabalais 1 LS 127,625.00 $27,625.00 Sub Total Lift Station and Force Main $1,038,800.00 Professional Services 1 Engineering 7.50% $60,881.04 2 Topographic Survey 2.00% $16,234.94 3 Contract Administration 2.00% $16,234.94 $8,117.47 4 Testing (Geotechnical) 1.00 %_ 5 Right -of- -Way Acquisition - $16,995.00 6 R.O.W. Surveying, Parcel Descrip, & Maps $45,000.00 Sub Total Professional Services $163,463.39 ""' Electrical Work Installed by Others 1 LS $32.00 $32,000.00 Project Total $1,234,263.39 Exhibit 3 Page 1 of 2 AN ORDINANCE APPROPRIATING $32,000 FROM THE SANITARY SEWER TRUNK SYSTEM TRUST FUND NO. 540450- 21800 -4220 TO PAY AL DEVELOPMENT, INC., FOR THE CONSTRUCTION AND INSTALLATION SPECIFIED IN THE SANITARY SEWER TRUNK FORCE MAIN AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $32,000.00 is appropriated from the Sanitary Sewer Trunk System Trust Fund No. 540450 -21800 -4220 to pay Al Development, Inc., owner and developer of South Fork Unit 4 Subdivision, for the reconstruction of the existing Greenfields by the Bay Master Plan Lift Station No. 1047, located east of Rodd Field Road and south of Wooldridge Road. SECTION 2. That upon written request of the Mayor or five council members, copy 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 18th of September, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: September 12, 2007 By: ti 71 tile, Ga4y W. Smith Assistant City Attorney For City Attorney Henry Garrett Mayor H:1 LEG- t]IR1Shared \Ga rySlagenda1200719- 18 10RD- AppropAIDevelopment- Greenfields- Iiftstation.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: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1 LEG- DIR1 5haredlGarySlagenda1200719- 181ORD- AppropAIDevelopment- Greenfelds- Iifstation.doc 10 CITY COUNCIL AGENDA MEMORANDUM September 18, 2007 SUBJECT: Sale of Property to TxDOT for Joe Fulton Corridor Project AGENDA ITEM: Ordinance approving the sale of a .283 acre parcel of land located on the southside of Interstate Highway 37 between McKinzie Road and Carbon Plant Road to the Texas Department of Transportation (TxDOT) for the amount of $3,538, necessary for TxDOT's construction of a flyover road to the Joe Fulton International Trade Corridor; authorizing the City Manager or designee to execute a Warranty Deed and other related documents for the sale of the property; and declaring an emergency. ISSUE: The Texas Department of Transportation (TxDOT) is in the process of acquiring 12 parcels of land along Interstate Highway 37 for use in constructing a flyover road that will connect IH37 to the Joe Fulton International Trade Corridor. The City of Corpus Christi owns a 1.329 acre tract of land along IH 37 that was acquired in October 1997 for use in a drainage project. TxDOT has informed the City that .283 acres of the City's land fronting on IH37 is needed for their project. An offer of $3,538, based on a TxDOT appraisal, has been made to the City. City land acquisition staff has evaluated TxDOT's offer of just compensation and has deemed it to be fair and reasonable. City Council approval is required for conveyance of this .283 acre tract and for authorization of the City Manager or designee to execute a Warranty Deed and all other related documents. FUNDING: No funding required. RECOMMENDATION: Staff recommends approval of the ordinance as presented. 143/0, Angel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Location Map Exhibit C. Ordinance H:IHOMEIEUSEBIOGIGENIAgenda Items \Sate of Land to TxDOT, IH371Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Sale of Property to TxDOT for Joe Fulton Corridor Project BACKGROUND: The Texas Department of Transportation (TxDOT) is planning an improvement to II-137 from .25 miles east of Carbon Plant Road to McKinzie Road. The project is scheduled for letting in February 2008. The project will involve the purchase of new right of way by TxDOT for construction of a flyover road that will connect IH37 to the Joe Fulton International Trade Corridor. The City purchased a 1.329 acre tract of land for a drainage project in 1997 located between Up River Road and IH 37, west of Carbon Plant Road. TxDOT is proposing to acquire a .283 acre tract out of the City's 1.329 acres as shown on the attached Exhibit B. The parcel was appraised by TxDOT's appraisal firm, Pyles - Whatley Corporation, in the amount of $3,538. City land acquisition staff has reviewed the appraisal and has deemed the amount to be fair and reasonable. The City has a 12" sanitary sewer line that runs parallel to 1H37 and is located within the subject .283 acres. TxDOT has also notified the City by letter that any utility adjustments, if necessary, will be eligible for reimbursement. TxDOT is finalizing the acquisition phase of the project and has requested the City's approval of this sale by City Council in order to prepare the conveyance deed. It is requested that this ordinance be approved by emergency reading. No title company will be required for this conveyance. PRIOR COUNCIL ACTION: 1. August 26, 2003 - Resolution authorizing the City Manager, or his designee, to execute an interlocal governmental agreement with the Port of Corpus Christi Authority (PCCA) to include utility adjustment and relocation work as part of the Joe Fulton International Trade Corridor and for the City to provide funds to PCCA. (Resolution No. 025453). FUTURE COUNCIL ACTION: None H:IHOMEIEUSEBIOGIGEMAgenda Items\Sale of Land to TxDOT, IH371Background Info.doc EXHIBIT A File : Mpro' ect \councilexhibits \exhPorcel6.dw SALE OF CITY PROPERTY 0.283 ACRES OUT OF F. W. SHAEFFER SURVEY, ABSTRACT NO. 570 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09 -11 -2007 ORDINANCE APPROVING THE SALE OF A .283 ACRE PARCEL OF LAND LOCATED ON THE SOUTHSIDE OF INTERSTATE HIGHWAY 37 BETWEEN MCKINZIE ROAD AND CARBON PLANT ROAD, TO THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE AMOUNT OF $3,538, NECESSARY FOR TXDOT'S CONSTRUCTION OF A FLYOVER ROAD TO THE JOE FULTON INTERNATIONAL TRADE CORRIDOR; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A WARRANTY DEED AND OTHER RELATED DOCUMENTS FOR THE SALE OF THE PROPERTY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The sale of a .283 acre parcel of land (more specifically described and shown in Attachment "A ") located on the southside of Interstate Highway 37 between McKinzie Road and Carbon Plant Road, to the Texas Department of Transportation (TXDOT) for the amount of $3,538, necessary for TXDOT's construction of a flyover road to the Joe Fulton International Trade Corridor, is approved. SECTION 2. The City Manager or designee is authorized to execute a Warranty Deed and other related documents for sale of the property. SECTION 3. That upon written request of the Mayor or five Counci! members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of September, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: 11- Sep -2007 Veronica Ocanas Assistant City Attorney 091807.vo07.ORD[Iand sale to TxDOT].doclla Henry Garrett Mayor EXHIBIT C Page 1 of 6 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 Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez* Michael McCutchon 091807.vo07.ORD[land sale to TxDOT].doclla EXHIBIT C Page 2 of 6 row . M • ry [ counCRexnlolts exnrarcelo.ow PARCEL LOCATION w LOCATION MAP NOT 70 SCALE SALE OF CITY PROPERTY 0.283 ACRES OUT OFF.•W. SHAEFFER SURVEY, ABSTRACT NO. 570 CITY COUNCIL E OTT cn •Y OF CORPUS Cum am DEPAR7ME0 of Ems, PAGE: i EXHIBIT C LATE 09 -1 Page 3 of 6 Attachment "A" County: Nueces Highway: IH 37 CCSJ: 0074 -06 -202 RCSJ: 0074 -06 -211 Limits: From 0.25 Miles East of Carbon Plant Road to McKinzie Road Property Description for Parcel 6 Being 0.283 of an acre or 12,345 square feet of and out of a called 1.329 acre tract of land described in a deed dated September 30, 1997 from William E. McKinzie, Jr., to the City of Corpus Christi, recorded under Doc No. 1997036942, Official Public Records of Nueces County (O.P.R.N.C.), situated in F. W. Shaeffer Survey, Abstract No. 570, Nueces County, Texas; metes and bounds description of said 0.283 of an acre tract is as follows: COMMENCING at a point (from which a found 5/8 inch iron rod bears North 16° 49' East, 0.68 feet) in the existing northerly right of way line of Up River Road (60 feet wide per Doc No. 1997036728, O.P.R.N.C.), for the southwest comer of a 9.485 acre residual tract of a 11.937 acre tract of land described in the Last Will and Testament of Charles McKinzie to William E. McKinzie, Jr., Cause No. 33903 -3, Probate Records of Nueces County; said point also being the southeast corner of said 1.329 acre tract; Thence as follows: 1.) North 63° 42' 37" West, along the existing northerly right of way line of said Up River Road, a distance of 35.00 feet to the southeast corner of a called 1.68 acre tract described in a deed dated June 21, 1990 to Oxy Petrochemicals, Inc., recorded in Volume 2227, Page 838, Nueces County Deed Records (N.C.D.R.), and being the southwest corner of said 1.329 acre tract; North 26° 17' 23" East, along the common line of said 1.68 acre tract and of said 1.329 acre tract, a distance of 422.44 feet to a 5/8 inch iron rod with cap set in the proposed southwest right of way line of IH 37 for the southwest corner and the POINT OF BEGINNING of the herein described tract and; said point being 195.40 feet left from the existing baseline of said IH 37, hereinafter referred to as ' the "existing baseline ", from the existing baseline station 571 +81.54; THENCE North 26° 17' 23" East, continuing along said common line, a distance of 39.04 feet to the a point (from which a found 5/8 inch iron rod bears North 78° 48' West, 0.70 feet) in the existing southwest right of way line of said IH 37 for the northwest corner of said 1.329 acre tract and of the herein described tract; said point also being the beginning of the existing Access Denial Line; 2.) THENCE South 66° 27' 01" East, along the existing south right of way line of said IH 37 and along the existing Access Denial Line, a distance of 272.14 feet to an angle point; EXHIBIT C Page 4 of 6 Attachment "A" Parcel 6 (cont.) 3.) THENCE South 58° 07' 39" East, continuing along the existing southwest right of way line of said IH 37 and along the existing Access Denial Line, a distance of 109.75 feet to a point for the northeast corner of said 1.329 acre tractand the northwest corner of said 9.485 acre residual tract; said point also being the end of the existing Access Denial Line and the northeast corner of the herein described tract; 4.) THENCE South 26° 17' 23" West, along common line of said 9.485 acre residual tract and of said 1.329 acre tract, a distance of 17.56 feet to a 5/8 inch iron rod with aluminum cap set in proposed southwest right of way line of IH 37; said point also being the beginning of the proposed "Access Denial Line" and being 177.15 feet left from the existing baseline station 567 +87.27; 5.) THENCE North 52° 44' 35" West, along the proposed southwest right of way line of IH 37 and along the proposed "Access Denial Line ", a distance of 12.53 feet to a Type 11 concrete monument set for an angle point; said point being 175.00 feet left from the existing baseline station 568 +00.00; 6.) THENCE North 67° 46' 21" West, continuing along the proposed southwest right of way line of said IH 37 and along the proposed "Access Denial Line ", a distance of 369.70 feet to the POINT OF BEGINNING and end of the proposed Access Denial Line containing 0.283 of an acre or 12,345 square feet of land. Notes: 1.) All bearings are referenced to the Texas Coordinate System, South Zone, North American Datum of 1983 (1993 Adjustment). 2.) Survey date - August 27, 2004. 3.) Access is prohibited across the "Access Denial Line" to the transportation facility from the adjacent property. I hereby certify that this survey was made on the ground under my supervision and that this document correctly represents the facts as found at the time of the survey. A survey plat titled "Parcel 6" of even survey date herewith accompanies this legal description. ket-- 1(2 (0(.. Leo M. Delatorre Date: Registered Professional Land Surveyor Texas Registration No. 5113 s:12005105204091fn1parcel - -6. doc EXHIBIT C Page 5 of 6 LINE DATA LINE' SEARING LENGTH Li S 26'ir 23" * 17.56' L2 N 26'17'23 E .1.3. )4 52'44'35 W 121337 • F. W. SBA Existing Baseline P. I. Station - Delta • Degnes Tangent. Loretin Radium Warm I Lon Chord • • • • • P. C. nettle.' 51�t Ion •. WILLIAM:E. UCSINZIE, JR. CAUSE NO. 331103-3 NuEms-ltouriTT PROBATE Woos 9.499 AC. RESIDUE OF 11.937 AC. BEGIN PROPOSED ACCESS DENIAL LAME ST*. 557.67.27 177.15' LT. ----- •-•7i7 -------- L3 - - EFFER SW! CRY-1 565.45.16 17,196,604.3151 1,257,004.5393 I2 07' 32' ILT) 1' 00' 00' 606.55 1,212.55 5,729.55 32.23 1,210.29 32.05 552437.61 574450.16 • . . STA. 5611.00:06 '.,.•175. • ..END•EXISTING• 09. TS' A I :C ESS A DENIL 1 • S \*- • ----- ---------- 110:1.'‘ EXISTING BASELINE 1W t7 [1:1..11ARTINEZ SUR VEVA ABSTRACT S 5 7 BY ABSTRACT 57 0 UP RIVER ROAD C50' WIDE PER 00C NO, Of 63'5237' V 1997036725, O. P. R. N. C. 35.00' 'OUSTING ROW P.O. C. PeCEL FR-7.16" 1.R. BEARS 11 16'49' E, 0.165' CITY OF. CC4IPUS CHRISTI DRAINADEA.ASENENT ..• DOC # stlosssiE..e.eo. c. :sery..2115. 1997 •• concur.° &roc - 1.3“ At. • • - P. .B.r-PARC L ACCESS DENIAL LINE' STA. 571+111.54 •-011 PROPOSED ROW, 195.40' LT. N 67!4e i• 359 0' R045 /4/1 ................... 5 2 01 E 14 10' UTILITY EASDAENT. VOL. 1450, PC. 514, N.C.D.R. - INTERSTATE HIGHWAY NO. 37 •tvii13114 • •VARIES • PER- -VOL: 104114 Po: '129 VOL. 1045, • • PG. • 291. • it • VOL,- 1 066•,- •PC4"401; CRV LEGEND 0 - p— p- - 11 — 11 —x x- - 1 1 111— P. 0. R. P. O. C. N. C. D. R. N. C. M. R. O. P. R. N. C. PROPOSED R. 0.9. EXISTING R.O.W. PROPERTY LINE EASEMENT SURVEY LINE TYPE I CONCRETE MONUMENT FOUND TYPE II CONCRETE MONUMENT SET 5ik IRON ROD SET W/ CAP PROPERTY CORNER FOUND AS NOTED PARCEL NO. POWER LINE GAS LINE FENCE ACCESS DENIAL LINE POINT OF BEGINNING POINT OF COMMENCING NUECES COUNTY DEED RECORDS NUECES COUNTY MAP RECORDS OFFICIAL PUBLIC RECORDS NUECES COUNTY 57 0. 06 ... tb,toonefeto-Its, LEO M. DELATORRE 30(103., I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER. MY SUPERVISION AND THAT THIS PLAT CORRECTLY REPRESENTS THE FACTS AS FOUND AT THE TIME OF THE SURVEY. LEO . DELATORRE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 5113 -7(2.4sc PAGE 3 OF 3 L2 ------- SCALE IN FEET ECIIISTAR CI4ENICALS, 1.P FIX1INERLY OXY PETROCFENICALS, INC. VOL 2227 PO. 636. N. C. D. R. AIM 21, 1610 1. 420 AC. - - praligao ACCESS DENIAL LINL__– ----- 7.03n 44E7 --USING ACCESS DENIAL LINE BEGIN EXISTING ACCEScDENIAL LINE FWD. 'LB., BEARS • ...111.71t4 '112.• • 0: 70` --- ------------------------- NOTES: 1. ALL BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, SOUTH ZONE, ADJUSTED TO THE NORTH AMERICAN DATUM OF 1983 (1993 ADJUSTMENT). ALL COORDINATES SHOWN ARE SURFACE VALUES (SURFACE EQUALS GRID1. 2. PROPERTY DESCRIPTION WITH EVEN SURVEY DATE ACCOMPANIES THIS PLAT. 3. ACCESS IS PROHIBITED ACROSS THE "ACCESS DENIAL LINE' TO THE TRANSPORTATION FACILITY FROM THE ADJACENT PROPERTY. Landtech Consu I tants, Inc. 2627 North Loop West Suite 224 Houston, Texas 77008 PARCEL 6 DIST. NAME CORPUS CHRISTI ACCOUNT NO. SURVEY PLAT PROPERTY OF: CITY OF =PUS CHRISTI COUNTY NUECES SURVEY DATE AUO. 27, 2004 R. C. S. J. P10.: 001 C. C. S. .1. NO. 001 ACQUISTION: 0.1 IH 37 EXHIBIT C Page 6 of 6. Attanhment "A" 11 CITY COUNCIL AGENDA MEMORANDUM September 18, 2007 AGENDA ITEM: Authorizing the City Manager to execute an Amended Use Privilege Agreement with Contractors Safety Council of the Coastal Bend ( "Owner"), to provide for use of 81- linear feet along the east side of Southern Minerals Road public right -of -way for the installation of a private 2 -inch PVC force main; and declaring an emergency. ISSUE: Naismith Engineering, Inc., on behalf of the Contractor's Safety Council submitted a request to amend the previous Ordinance to reflect the revised alignment for the installation of the private 2 -inch PVC pipe along the east side of Southern Minerals Road, and connect into an existing city sanitary sewer manhole. REQUIRED COUNCIL ACTION: City Charter requires City Council approval for use of any portion of public right -of -way for private purposes. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. Bob Nix, ACM of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Background and Purpose of Agreement Pursuant to the Use Privilege Agreement (UPA) authorized by Ordinance 027090, Contractors Safety Council of the Coastal Bend was installing a private force main from their location at 7433 Leopard Street, located west of the Southern Minerals Road intersection to an existing City manhole, approximately 2,188 linear feet to the west. During the construction and installation of the private 2" force main they discovered a waterline which prevented connection to the intended sanitary sewer manhole. It is necessary to turn south along Southem Mineral Road and connect into an existing sanitary sewer approximately 81 linear feet south of the Leopard Street right-of-way. The force main will allow the property to change from septic system use to City wastewater service. Contractor's Safety Council was installing a private force main from their location at 7433 Leopard Street, located west of the Southem Minerals Road intersection to an existing City manhole, approximately 2,188 linear feet to the west. During the construction and installation of the private 2" force main they discovered a waterline next to the sanitary sewer manhole they were going to connect to. It was determined necessary to tum south along Southem Mineral Road and connect into an existing sanitary sewer approximately 81 linear feet south of the Leopard Street right -of -way. The force main will allow the property to change from septic system use to City wastewater service. Contractor's Safety Council of the Coastal Bend will own the private 2 -inch PVC force main, and will be solely responsible for all maintenance, operation, and if necessary removal of said force main. An Engineering Permit will be required for any future repair, replacement, maintenance, and removal of the force main. As -built construction plans must be submitted to the City upon completion of the 2 -inch force main installation, showing all said improvements within city rights -of -way. All public and franchised utilities were contacted. None of the city and private franchised utilities had any objections, provided the applicant meets the specified conditions set out in the UPA including the utility separation clearance as stated in "Paragraph I" of the UPA. The applicant has been advised of and concurs with the conditions of the Use Privilege Agreement. In order to allow completion of the 2 -inch PVC force main, amendment of Ordinance 027090 is requested to allow Contractors Safety Council to install, operate, repair, replace and maintain the private force main in an 81 linear foot section along the east side of Southern Minerals Road public right -of -way. Ff ;1...IgenlagO51upa1Contractor's safety Council Amend.M2 EXHIBIT A Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED USE PRIVILEGE AGREEMENT WITH CONTRACTORS SAFETY COUNCIL OF THE COASTAL BEND ( "OWNER "), TO PROVIDE FOR USE OF 81- LINEAR FEET ALONG THE EAST SIDE OF SOUTHERN MINERALS ROAD PUBLIC RIGHT -OF -WAY FOR THE INSTALLATION OF A PRIVATE 2 -INCH PVC FORCE MAIN; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute an amendment to Use Privilege Agreement with Contractors Safety Council of the Coastal Bend ( "Owner") for the right to install, operate, repair, replace, and maintain a private 2 -inch PVC force main along the east side of Southern Minerals Road public right -of -way, approximately 81 feet to an existing city manhole. SECTION 2. That all other terms and conditions of the Use Privilege Agreement shall remain in force and effect. SECTION 3. 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 18th day of September, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: September 12, 2007 By: ,� : ;T 1),,,d , ary W. Smith Assistant City Attorney For City Attorney H:I LEG -DI R \Shared \GarySlagenda1200719 -1810 RD- ContractorsSafetyCounci lofC Bamend.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 Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:ILEG- DIRISharedlGarySlagenda 1200719-1 81ORD- ContractorsSafetyCounciHofCBamend .doc vi Oki! 1 O W F G N01S0100 z uJ 2l3iNf1H oso1nl } J Q. ,' DoiN 35001 ▪ MONS Q ▪ r r rncR a3� 7433 LEOPARD 3N1Y1 N213H1na5 M3H2! W HID OS01111 e NIVY9 'O O i0_ 113M1115 1 1 w M 1 c o v 8 1 • • 12 CITY COUNCIL AGENDA MEMORANDUM September 18, 2007 AGENDA ITEM: Ordinance abandoning and vacating a 2,952 - square foot portion of a 10- foot wide utility easement out of Lots 17 -22 and Lots 31 -36, Block S, Don Patricio Subdivision, between Flour Bluff Drive and Lynhurst Drive; requiring the owner, Mr. Louis K. Alty, dba G &L Investments, to comply with the specified conditions; and declaring an emergency. ISSUE: The reason for the closure of the utility easement is to allow for the future construction and development over said easement. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. Bob Nix, ACM of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Mr. Louis Alty, dba G &L Investments ( "Owners "), is requesting the abandonment and vacating of a 2,952- square foot portion of a 10 -foot wide utility easement out of Lots 17 -22 & Lots 31 -36, Block S, Don Patricio Subdivision, which is located between Flour Bluff Drive and Lynhurst Drive. The easement to be abandoned and vacated is located in a "B-4" General Business District. The abandonment and vacation of the utility easement is being requested by the owner to accommodate for the future construction and development of the property within the area now being occupied by the existing easement. Owners will be dedicating a 15 -foot wide utility easement (4,427.99- square feet) adjacent to and along the Flour Bluff Drive property line. All public and franchised utilities were contacted. None of the city departments and franchised utility companies had any objections with the portion of utility easement to be abandoned. Staff recommends that payment of fair market value be waived because Owner will be dedicating a 4,428 - square foot utility easement of greater value to off -set the proposed abandonment and vacation of the 10 -foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 2,952 - SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 17 -22 AND LOTS 31-36, BLOCK S, DON PATRICIO SUBDIVISION, BETWEEN FLOUR BLUFF DRIVE AND LYNHURST DRIVE; REQUIRING THE OWNER, MR. LOUIS K. ALTY, DBA G &L INVESTMENTS, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Mr. Louis K. Alty, dba G &L Investments (Owner), is requesting the abandonment and vacating of a 2,952- square foot portion of a 10 -foot wide utility easement out of Lots 17 -22 and Lots 31-36, Block S, Don Patricia Subdivision, which is located between Flour Bluff Drive and Lynhurst Drive, in order to facilitate future construction and development of the property. The easement to be abandoned and vacated is located in a "B -4" General Business District; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement, 'subject to the provisions below. (Exhibit) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 2,952- square foot portion of a 10 -foot wide utility easement out of Lots 17 -22 and Lots 31 -36, Block S, Don Patricio Subdivision, as recorded in Volume 8, Page 30 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2 below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Fair Market Value will be waived because Owner will be dedicating a utility easement of greater value to off -set the proposed abandonment and vacation of the 10 -foot wide utility easement. 2) Owner's dedication of a 15 -foot wide utility easement (4,427.99- square feet) adjacent to and along the Flour Bluff Drive property line. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval 4) Upon approval from Council and issuance of the ordinance, all grants of easement closures must be recorded at owners expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to permit approval of construction, an up -to -date survey, abstracted for all H:1LEG -D1 R \Shared \GarySlagenda12 0 0 719 -1 810 RD- abandon- vacateUti I Easement -Alty -Don Patricia. dac Page 2 of 3 easements and items of record, must be submitted to the Director of Development Services. SECTION 3. 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 18th day of September, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: September 12, 2007. G ry W. Smith Assistant City Attorney For City Attorney H:I LEG- DIRIShared \GarySlagenda1200719- 1810RD- abandon- vacateutilEasement -Alty-Dan Patricio. dac 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 Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H A LEG- DIR1Shared lGarySlagenda1200719- 181oRD- abandon- vacateUtilEasement- Alty- DonPatricio.dot South 1- ■ Lot 37 10' J _ 4 'sit 0. 177'.1 Z 0 Location Yap N.T.S Lot 35 10' Lot 34 3 m tr 7 0 hLOJ _ Z Lot 19 010t20 Lot 32 Lot 31 Lot 30 Lot 21 Lot 22 55054'401 14lf 00' Paint of Beginning I I Lot 23 I l Map to Accompany so' so' 0' 120' 1".e0• FlELDNOTES for the dosing of a 10.00 foot wide utility easement (not based on an on— the — ground survey) out of Lots 17 through 22 and Lots 31 through 38. Block S. Don Patrkio, a map of which is recorded in. Volume 8, Page 30, Map Records of Nueces County. Texas. EASEMENT CLOSURE EXHIBIT C (10' WIDE UTILITY EASEMENT — 2,952 S.F.) Page 1 OF 2 LOTS 17-22 & LOTS 31 -36, BLOCK S, DON PATRICIO SUBDIVISION 0 lz a Cris J a s =sit NEI 1 1 gi g Lot 34 ID% Lot 32 I Lot 31 10' uL—J Lot 33 Point ,: 12 Beginning Lot 30 A ■ Lot 17 Lot 19 Lot 20 L Lot 22 0 Location Map HITS 0; f+ gt t v I ( Exhibit B I I Lot 23 Map to Accompany s0' 30' 0' s0' 110' FIELONOTFS for a 15.00 foot wide utility easement dedication (not based on an on—the—ground survey) out of Lots 30 through 37, Block S. Dan Putrlcio, a map of which is recorded in Volume 8, Page 30, Map Records of Nueces County, Texas. EASEMENT DEDICATION EXHIBIT C Page 2 OF 2 (15' WIDE UTILITY EASEMENT — 4,428 S.F.) LOTS 31 -36, BLOCK S, DON PATRICIO SUBDIVISION 13 CITY COUNCIL AGENDA MEMORANDUM September 18, 2007 AGENDA ITEM: Ordinance abandoning and vacating a 1,968- square foot portion of a 10- foot wide utility easement out of Lots 23 -30, Block S, Don Patricio Subdivision, between Flour Bluff Drive and Lynhurst Drive; requiring the owners, Trabarr Partners, LTD. and Watch Dog Gate Security, to comply with the specified conditions; and declaring an emergency. ISSUE: The reason for the closure of the utility easement is to allow for the future construction of an office /warehouse over said easement. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. 3, Nye Bob Nix, ACM of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Trabarr Partners, LTD. and Watch Dog Gate Security, ( "Owners "), are requesting the abandonment and vacating of a 1 ,968- square foot portion of a 10 -foot wide utility easement out of Lots 23 -30, Block S, Don Patricio Subdivision, which is located between Flour Bluff Drive and Lynhurst Drive. The easement to be abandoned and vacated is located in a "B -4" General Business District. The abandonment and vacation of the utility easement is being requested by the owners to accommodate the new construction of an office/warehouse facility that will be located within the area now being occupied by the existing easement. Owners will be dedicating a 15 -foot wide utility easement (2,952- square feet) adjacent to and along the Flour Bluff Drive property line. All public and franchised utilities were contacted. None of the city departments and franchised utility companies had any objections with the portion of utility easement to be abandoned. Staff recommends that payment of fair market value be waived because Owner will be dedicating a 2,952- square foot utility easement of greater value to off -set the proposed abandonment and vacation of the 10 -foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 1,968- SQUARE FOOT PORTION OF A 14 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 23-30, BLOCK S, DON PATRICIO SUBDIVISION, BETWEEN FLOUR BLUFF DRIVE AND LYNHURST DRIVE; REQUIRING THE OWNERS, TRABARR PARTNERS, LTD. AND WATCH DOG GATE SECURITY, LTD., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Trabarr Partners, LTD. and Watch Dog Gate Security, Ltd. (Owners), are requesting the abandonment and vacating of a 1,968 - square foot portion of a 10 -foot wide utility easement out of Lots 23 -30, Block S, Don Patricio Subdivision, which is located between Flour Bluff Drive and Lynhurst Drive, in order to facilitate future construction of an office /warehouse over the easement on the property. The easement to be abandoned and vacated is located in a "B-4" General Business District; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Cbrpus Christi to abandon and vacate said portion of the utility easement, subject to the provisions below. (Exhibit) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 1,968 - square foot portion of a 10 -foot wide utility easement out of Lots 23 -30, Block S, Don Patricio Subdivision, as recorded in Volume 8, Page 30 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2 below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Fair Market Value will be waived because Owner will be dedicating a utility easement of greater value to off -set the proposed abandonment and vacation of the 10 -foot wide utility easement. 2) Owner's dedication of a 15 -foot wide utility easement (2,952- square feet) adjacent to and along the Flour Bluff Drive property line. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval 4) Upon approval from Council and issuance of the ordinance, all grants of easement closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to permit approval of construction, an up -to -date survey, abstracted for all U.,t cn_ niaMi, nrari %nanrRlanPnda1200719- 181ORD- abandon- vacateUtilEasement- Trabarr- DonPatricio.doc Page 2 of 3 easements and items of record, must be submitted to the Director of Development Services. SECTION 3. 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 18th day of September, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: September 12, 2007. G` ry W. Smith Assistant City Attorney For City Attorney H:ILEG -Di R\ Shared \GarySlagenda12 0 0 719- 1 81ORD- abandon- vacateUtilE: asement- Trabarr- Oonpatricio.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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:ILEG -DI R1S haredlGarySlagenda1200719- 181ORD- abandon- vacateUtil Easement- Trabarr -Don Patricio.doc Flour Bluff Drive Lot 31 Location Map N.T.S 10' U.E. Lot 22 Lot 30 t 114 Lot 22 O 1 1;1 7s Lot 28 Z Lot 23 Lot 24 Lot 25 33�3'� -► Lot 27 Existing e.artrf Lot 26 S59'54'401 145.00' 41.2»PointafBegnning Division Road UNE BEARING . DISTANCE L1 S59'54'40 "E 10.00 L2 N59 54'40 'W 10.00' Map to Accompany 0 J FlELDNOTES for the closing of a 10.00 foot wide utility easement (not based on an on— the — ground survey) out of Lots 23-30, Block S. Don Patricio, a mop of which is recorded in Volume 8. Poge 30, Map Records of Nueces County, Texas. EASEMENT CLOSURE EXHIBIT C Page 1 OF 2 (10' WIDE UTILITY EASEMENT —1,968 S.F.) LOTS 23 -30, BLOCK S, DON PATRICIO SUBDIVISION M N.T.S d Flour Bluff Drive L1 Lot 31 Lot 30 Lot 28 1 a d g lE Lot 28 (0 Lot 22 Lot 23 Lot 24 Lot 25 gi Lot 27 Point of Beginning /awe Division Road UNE BEARING DISTANCE L1 S59154140"E 15.00' L2 _ N59•54'40 1'W 15.00' a Lot 25 Map to Accompany FiELDNOTES for a 15.00 foot wide utility easement dedication (not based on an on— the —ground survey) out of Lots 27 -30. Block S. Don Patricio% a map of which is recorded in Volume 8. Page 30, Map Records of Nuscss County, Texas. EASEMENT DEDICATION EX geB2IOF C 2 (15' WIDE UTILITY EASEMENT — 2,952 S.F.) LOTS 27 -30, BLOCK S, DON PATRICIO SUBDIVISION 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 18, 2007 AGENDA ITEM: An Ordinance authorizing the City Manager or designee to execute an amendment to the lease agreement with Smarte Carte, Inc. to extend the term, revise the required equipment, and amend the rental rate for baggage cart rental at the Corpus Christi International Airport; providing for severance; providing for publication. ISSUE: On May 3, 2007, Smarte Carte, Inc. requested an increase in pricing for the rental of baggage carts from $2.00 to $3.00. The Airport staff and Airport Board discussed the request at the Airport Board Meeting held in July. In response to Smarte Carte's request and discussions with the Airport Board, Airport staff requested Smarte Carte consider replacing all baggage carts with a newer refurbished baggage carts, adding additional baggage carts, and upgrade the vending machine to allow for acceptance of all major credit cards and to issue change to customers. Smarte Carte has agreed to the Airport's requests with an extension of their contract for five years through June, 2013 and approval of the rate increase. REQUIRED COUNCIL ACTION: Consideration of Ordinance as presented. PREVIOUS COUNCIL ACTION: Ordinance 025293 -An Ordinance authorizing the City Manager or his designee, to execute a Tong -term lease agreement with Smarte Carte, Inc. for the operation of a self service baggage cart rental concession at the Corpus Christi International Airport in consideration of payment of ten percent of the Concessionaire's gross monthly revenues for a term of sixty months. FUNDING: Not applicable CONCLUSION AND RECOMMENDATION: The Airport Staff recommends approval of the Ordinance as presented. Department Head Signature Attachments: BACKGROUND INFORMATION Smarte Carte, Inc. has been a supplier of the baggage carts at the Corpus Christi International Airport for several years. They also provide baggage carts for all major Texas airports as well as many airports throughout the United States. This is the second request from Smarte Carte for a price increase from $2.00 to $3.00 per rental. With the exception of Laredo and McAllen airports, the rental rate of Smarte Carte is at $3.00 in all other Texas airports as well as most other airports throughout the nation. McAllen's rates will increase to $3.00 at the end of this year according to Smarte Carte's Senior Director of Business Development Michael Mutter. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH SMARTE CARTE, INC., TO EXTEND THE TERM, REVISE THE REQUIRED EQUIPMENT, AND AMEND THE RENTAL. RATE FOR BAGGAGE CART RENTAL AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute an amendment to the lease agreement with Smarte Carte, Inc., to extend the term, revise the required equipment, and amend the rental rate for baggage cart rental at the Corpus Christi International Airport. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purposes, intent, and effect of the ordinance. EHord212.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2007, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed to its final reading on this the day of , 2007, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED this the day of , 2007. ATTEST: Armando Chapa City Secretary APPROVED as to form: September 7, 2007 Elizab/ R. Hundiey Assis = nt City Attorney for the City Attorney EHord212.doc Henry Garrett Mayor 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: - 1107 AGENDA ITEM: Amending the Code of Ordinances, Chapter 6, Animal Care and Control, Article V, Animal and Rabies Control, by creating new Section 6-128, Spay/Neuter Clinic Fees; revising a reserved Section reference; providing for severance; and providing for publication ISSUE: The City of Corpus Christi received a grant in the amount of $244,000 from the Morris L. Lichtenstein Jr. Foundation in February 2006. The purpose of the grant is to create a low cost Spay and Neuter Program. The creation of the program will require the need to establish low cost Spay and Neuter Fees. This Ordinance will allow the initial schedule of fees to be reviewed and submitted to the City Manager for approval, with copies filed with the City Secretary and provided to the City Council. REQUIRED COUi CIL ACTION: City Council approval is required for this action. PREVIOUS COUNCIL ACTION: In February 2006, City Council accepted a $244,000 grant for the Spay and Neuter Clinic from the Morris L. Lichtenstein Jr. Foundation, CONCLUSION AND RECOMMENDATION: DATIO[ : Staff recommends approval of the Ordinance as presented. C AUL) Assista t City Manager AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ANIMAL CARE AND CONTROL, ARTICLE V, ANIMAL AND RABIES CONTROL, BY CREATING NEW SECTION 6-128, SPAY /NEUTER CLINIC FEES; REVISING A RESERVED SECTION REFERENCE; AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Code of Ordinances, Chapter 6, Animal Care .and Control, Article V, Animal and Rabies Control, is amended by creating new Section 6-128 to read as follows: "Sec, 6-128. $pay/neuter clinic fees. "The Director of Public Health shall prepare the Initial schedule off es to be charted to the public for the provision of services at the ity's low-cost s . a /neuter clinic. This initial schedule must be reviewed b the Ci Il ana • er and is effective upon the Cif l ana er's a rov 1. Each successive schedule is subject t the s me review ands • rural re. uirement on an annual basis. Such fees rr not jncrease_annuallyb mere than twen -far . -- - -- -- -. -. -t - - -� �r cent nor may new fees be created - without City_Councirs approval by motion or resolution. Each a roved schedule must be filed with the City Secreta and copies provided to the City Council." SECTION 2. The Code of Ordinances, Chapter 6, Animal Care and Control, Article V, Animal and Rabies Control, is amended by revising a reserved section reference to read as follows: ii Secs. 6 -129 — 6-150. Reserved." SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. EHord211.doc AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ANIMAL CARE AND CONTROL, ARTICLE V, ANIMAL AND RABIES CONTROL, BY CREATING NEW SECTION 6-128, SPAY /NEUTER CLINIC FEES; REVISING A RESERVED SECTION REFERENCE; AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Code of Ordinances, Chapter 6, Animal Care and Control, Article V, Animal and Rabies Control, is amended by creating new Section 6-128 to read as follows: "Sec. 6-128. Spa /neuter clinic fees. "The Director of Public Health shall prepare the initial schedule of fees to be charged to the public for the provision of services at the Qi 's low-cost spay /neuter clinic. This initial schedule must be reviewed by the City Manager and is effective Lion the City I Lana • er s approval._ Each successive schedule is subject to the same review and approval o re uirerr ent n an annual basis. L - -- - -- Such fees may not increase annually ?nnuallyly more than twenty-five (25) pper cent nor may new fees be created without Ci Council's a • • royal b motion or resolution. Each approved schedule must be filed with the City y Secretant and copies govided to the City Council." SECTION 2. The Code of Ordinances, Chapter 6, Animal Care and Control , Article i V, Animal and Rabies Control, is amended by revising a reserved section reference to read as follows: "Secs. - 128- _15r, Re erved Secs. 6 -12 — 6-15o. Reserved." SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision , clause , phrase, , word, or provision hereof be given full force and effect for its ur ose. p p EHord 11.doc That the foregoing o ' ance was read or th- firs time and passed to its second reading on this the day of Henry Garrett Melody Cooper Larry Eli n, Sr. � F� Mike Hummell Age Bill Kelly �- , 2007, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed to its final reading on this the _ day of , 2007, by the following vote: Henry Garrett Priscilla illa G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel! Michael McCutchon Bill Kelly PASSED AND APPROVED this the day of , 2007. ATTEST: Armando Chapa City Secretary APPROVED as to form: September 7, 2007 491 „/4", EI«a...th R. Hundley Assis ant City Attorney for the City Attorney EHord2 t l .doc Henry Garrett Mayor 16 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: September 18, 2007) Case No. 0807-02 , Grace United Methodist Church: A request for a change of zoning from a "R-1B" One-Family Dwelling District to a "B-1" I ei b rh u ine s District, Shell Poultry Acres, Block 8, Lot 6, located on Church Street and approximately 300 feet northeast of Leopard Street. PlanninE - Commission _81 Staf'f's Reco mendation_ u ust 22. 2007): Denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit for a church- related thrift shop with five conditions relating to use, building, hours of operation, employees, and time limit. Requested Council Action: Denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit for a church - related thrift shop with five conditions relating to use, building, hours of operation, employees, and time limit. Summary: • Request: The applicant is requesting a change of zoning from a "R-1B" One - family Dwelling District to a "B-1" Neighborhood Business District for the purpose of expanding the church thrift store and parking lot. The church currently has a thrift store they located on an adjacent lot that was approved with a Special Permit in June 2006. They would like to expand and utilize the adjoining larger building and parking lot area. The existing thrift store building would continue to be used for the Thrift Store use and associated storage. • Existing Land Use: The current land use of the subject property is single family residential and is being utilized as part of Grace United Methodist Church facility. It is located approximately 215 feet north of Leopard Street and west of Violet. The subject property lot consists of 19,384 square feet which contains a building of 1,040 square feet. The subject property building is currently used as church employee housing. The building is handicapped accessible and faces Church Street. A playground which is used for the church daycare is located to the west of the subject property. • This i Agenda Memorandum Case No 0807-02 (Grace United Methodist Church) Page 2 • Transportation: Church Street is a local dead end street with 50 feet of R.O.W. and 18 feet of pavement. Requested Council Action: Denial of the "13-1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit for a church - related thrift shop with the following five (5) conditions: 1. Uses: The only use permitted by this Special Permit, other than those uses permitted by right in the "R -18" One - family Dwelling District, is a church- related thrift shop. 2. Building: The existing building shall be used for the church - related thrift shop. 3. Hours of Operation: Fours of operation shall be Monday through Saturday from 9:00 am to 4:00 pm. 4. Employees: Employees shall be limited to a maximum of six volunteers. 5. Time Limit: Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Notification: Of the twenty (20) notices mailed to the surrounding property owners, zero (0) were returned in favor and two were returned in opposition (7.9%). The 20% rule is not invoked. This case is considered non- controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three- quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. 71e-fr,4 Robert Nix, AICP Assistant City Manager /Development Services RNF Mblp Attachments: 1) Zoning Report 2) Planning Commission Minutes (August 22, 2007) 3) Ordinance PIM/Project Manager Sr.CP /CP Planning Director H:IPLN -DIR\ HARED\Bever1y\2CO7 C \Au 'O7\O 7 -O2 AgendaMerno.doc CITY COUNCIL ZONING REPORT Case No.: 0807 -02 City Council Hearing Date: September 18, 2007 Applicant & Legal Description Applicant: Grace United Methodist Church Owner: Same as Applicant Agent: Ed Robbins Property Area: Shell Poultry Acres, Block 8, Lot 6, located on Church Street and approximately 300 feet northeast of Leopard Street. Zoning Request From: "R-1B" One - family Dwelling District To: "B-1" Neighborhood Business District Area: 19,3 84 square feet Purpose of Request: To expand the thrift shop business to an existing building on the church site. The current thrift store building on the church site would remain in use. 1 Existing Zoning and Land Uses 1 Zoning Existi Zoning Report Case No. 0807 -02 Page 2 tl os E E cin ig ci) • Request: The applicant is requesting a change of zoning from a "R -1 B" One- family Dwelling District to a "B -1" Neighborhood Business District for the purpose of expanding the church thrift store and parking lot. The church currently has a thrift store they located on an adjacent lot that was approved with a Special Permit in June 2006. They would like to expand and utilize the adjoining larger building and parking lot area. The existing thrift store building would then be used for storage. • Existing Land Use: The current land use of the subject property is residential and is being utilized as part of Grace United Methodist Church. It is located approximately 215 feet north of Leopard Street and west of Violet. The subject property consists of 19,384 square feet which contains a building of 1,040 square feet. The building is currently used as church employee housing. The building is handicapped accessible and faces Church Street. A playground which is used for the church daycare is located to the west of the subject property. • This is an area of transition which currently has single - family residences on Church Street, Grace United Methodist Church and commercial at the intersection with Leopard Street and at the intersection of Violet Road and Leopard Street. • Comprehensive Plan and Land Use Compatibility. The Northwest Area Development Plan Future Land Use Map supports commercial at this location once the area transitions from residential uses. The lot is located on Church Street, a local street that cannot support commercial traffic in its current improvement. Church Street currently provides access to residential uses, the thrift store, and vacant residentially zoned properties. The requested "B-1" District will promote commercial uses not compatible with the existing adjacent neighborhood. A Special Permit in lieu of a "B-1" Zoning District could accommodate the proposed thrift store as an additional accessory use to the church property. • Parking. A minimum of five parking spaces or one per 200 square feet of floor area is required for retail use. The subject property has a floor area of 1,040 square feet and will require five parking spaces. The applicant has proposed to provide parking for the thrift store on the existing church parking lot and in front of the existing building. The property is accessible from Church Street, a local street that connects to Leopard Street, which is an arterial roadway. • Transportation: Church Street is a local dead end street with 50 feet of R.O.V. and 18 feet of pavement. Street R.M. Street Type Leopard Street Arterial Violet Street Arterial Paved Section 130' R.O.W. W. w 79' Bk to Bk avement 100' R.O.W. w/ 54' Bk to 13k pavement Volume (2001) 12,660 A.D.T. 8,590 A.D.T. Church Street Local 50' R.O.W. w/ approx. 18' Bk to Bk9avement Not available Zoning Report Case No. 0807 -02 Page z cvit E Ch E Staff Recommendation The subject property is platted. The proposed "B-1" Neighborhood District would allow for the operation of retail and personal service uses within a residential area. A Special Permit, in lieu of the "B-1" Neighborhood Business District, would accommodate the use of a thrift store as requested by the applicant without unnecessarily creating opportunities for other incompatible commercial uses. Denial of the "B -1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit for a church- related thrift shop with the following five conditions: 1. Uses: The only use permitted by this Special Permit, other than those uses permitted by right in the "R-1. B" One - family Dwelling District, is a church - related thrift shop. Building: The existing building shall be used for the church - related thrift shop. Hours of Operation: Hours of operation shall be Monday through Sat rda y from 9 :00 amto4:pm. Employees: Employees shall be limited to a maximum of six volunteers. Time Limit: Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. E E Denial of the "_1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit for a church- related thrift shop with the following five conditions: 1, Uses: The only use permitted by this Special Permit, other than those uses permitted by right in the "R-1B" One - family Dwelling District, is a church- related thrift shop. 2. Building: The existing building shall be used for the church- related thrift shop. 5. Hours of Operation: Hours of operation shall be Monday through Saturday from 9 :00 am to 4 :00 pm. 6. Employees: Employees shall be limited to a maximum of six volunteers. 5. Time Limit: Such Special Permit shall be deemed to have expired within one 1 year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Zoning Report Case No. 0807 -0 Page 4 ., = c,, do e ..r,.. 0 Q re Number o Notices es Mai l d: 20 Favor 0 Opposition (7.9%) (As of September 4, 2007) Attachments: Zoning Map Ownership Map Ownership List Comments received from Public Notices mailed I-{:IPL -D IR HA1 D\ v rl r\2 07 P IZ PT \Augu t\ port \ 8 7 -O2 ra a Church.doe OULTRY ACRES UE I ISI N AVILLE 5 A -1 A -1A A -2 AB AT B-1 8-1A B-2 13-2A B-3 B-4 B-5 B SD F -R KC 0 100 200 Fast NOTICE CASE # 0807 -02 ZONING Apartment House District Apartment House District Apartment House District Professional Office District Apartment- Tourist District Neighborhood Business District Neighborhood Business District Bayfront Business District Barrier Island Business Distract Business District General Business District Primary Business Distract Primary Business Core District Corpus Christi Beach Design Dist. Farm Rural District Historical- Cultural Landmark Preservation 1 -1 1 -2 1 -3 PUD R -1A R-1B R -1C R -2 RA RE R -TH P T -1A T -113 T -1C Limited tndustriat Cistrict Light Industrial District Keavy Industrial District Planned Unit Development One Family Dwelling District One Family Dwelling District One Family Dwelling District Multiple Dwelling District One Family Dwelling District Residenlaal Estate District Tovwnhouse Dwelling District Special Permit Travel Trailer Park District Manufactured Home Park District Manufactured Home Subdivision District Sy, RABS any mow, W19r20o1 arm cir ca orris • Or pt Simms F�c N- P.144:4M51 AR(0101$ PropctsiCassiZONING C+ CHANGE. WU. TEMPLATErrud Owners within 200 feet listed on attached ownership table r ers in opposition Prepared X K Printing Date: 8/9/2007 Project: Source: City of Corpus Christi - Development Services fife; H:1PLN -DIR SHARED$ 1 Projects‘Cases12007 Zoning10807- 0210807 -02CWJ mxd O ItE st Pit Of'1C] 000 000 gar) a xxx 888 xk 1111111111111111P 5HEITHRIMP C m a 4*4541Vgttxm 4-1 2 c m m 70 70 C r y x ijr m. g 2c q z ..F; E cc cP ° 00 R.t 1 N r ; PA g C00�C 0000000 111 § iI en CO CO g 0C0 CO to CO U}C4U}17 73 73 a J7 17 J3o azo ,3 0 22 41444 4444444444 c mzI mmmm X ; mrnre mrn o m 666c�vv 0666W; v P i! i! i! i! g i! i! i! i! i! ? i! i! i! o r „ „„ „ „ ,; „ „ „ „ „ „ „ ,; ,; „ EHEMEEMEEM 8 CD �00 -moo h 1- 7irn X"- ' O • Ox O r- m m r > 0 . Lo lii 7. C) rn C. i r D SZA2,1R;=z10.,c.....-4 pOC, GCP QCP C N V+ }4. 2. 'C.- iOOCGS}g.O45 Ny O 0 G O 0. C. i ID L/ 4 8 W Fw? AS F m _v 0 N 0 0 z z m z 0 0 co 0 0 N 0 C G; 0 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0807 -02 Name: Grace United Methodist Church Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 20 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 2 (7.9%) #15, (5.41 %), Richard H. Kronke, 1 0209 N. Harrington, 7$410 "Business in a residential neighborhood, increased traffic, not enough parking.," #16, (2.49 ° /a), Richard H. Kronke, 10209 N. Harrington, 78410 "Business in a residential neighborhood, increased traffic - detracts from being a quiet neighborhood; parking congestion." II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: M. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 H: \PLC -Dr 1 HAREDI v rJ \2CO7 PC\PUBLIC COMMENTS \0807 -0 .doc MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — August 22, 2007 5:30 P.M. COMMISSIONERS PRESENT: Chairman Bryan Stone Rudy Garza, Vice Chairman Atilano J. Huerta David Loeb Evon L Kelly Govind Nadkarni John C. Tamez Johnny R. Martinez James Skrobarczyk COMMISSIONERS ABSENT: Govind Nadkarni STAFF PRESENT: Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Interim Assistant Director of Development ServiceslPlanning Miguel S. Saldafia, AICP, Senior City Planner Michael N. Gunning, AICP, Special Assistant to Development Services Shannon Murphy, AICP, City Planner Wes Vardeman, City Planner Stephanie Voss, Project Manager Chip Baish, Project Manager Gary Smith, Assistant City Attorney Beverly Lang - Priestley, Recording Secretary Si Listed quiere dirigirse a la co l ion y su ingl s es limitado, habr i un interprete de espanol a ingl s en la j Planning Coission Minutes August 22, 2007 Page 2 Commission last year in June and would remain in use as a thrift store storage /work area. The lot consists of 19,384 square feet which contains a building of 1,040 square feet, requiring an additional five parking spaces. Ms. Voss stated the "B-1" Neighborhood Business District allows for retail and personal service activities and allows for professional office uses such as banks, barber shops, service stations, restaurants, art studios and automobile parking Tots. Ms. Voss stated the future land use map supports commercial expansion in this area. Of the twenty notices mailed, zero were returned in favor and two were returned in opposition. Staff recommends denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit for a church - related thrift shop with the following five conditions: 1, Uses: The only use permitted by this Special Permit, other than those uses permitted by right in the "R-1B" One - family Dwelling District, is a church- related thrift shop. 2. Building: The existing building shall be used for the church- related thrift shop. 3. Hours of Operation: Hours of operation shall be Monday through Saturday from 9:00 am to 4:00 pm. 4. Employees: Employees shall be limited to a maximum of six (6) volunteers. 5. Time Limit: Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. In response to Chairman Stone, Ms. Goode -Macon stated that the current staff recommendation reflects the same restrictions as those recommended in the June 2006 case at which time granted a special permit for a thrift store on the first lot behind the church. The church is seeking to expand that special permit to another one of their buildings with the same restrictions. In response to Commissioner S r bars rl , Ms. Goode -Macon stated that if the existing buildings are destroyed or damaged to the point of fifty - percent, in order to rebuild, they would have to meet the current "R-1B" building code. The applicant would have to re- apply for the special permit. In response to Commissioner Loeb, Ms. Goode -Macon stated that sign compliance is not part of this current case and cannot be addressed. Commissioner Loeb stated his concern is compliance with the special permit when there are other possible code violations on or near the property controlled by same group. Ms. Goode -Macon stated that there is a large number of portable signs in the Northwest area that are grandfathered, and that if the sign Commissioner Loeb is referring to is not grandfathered then it can be addressed through Code Enforcement. In response to Commissioner Loeb, Wes Vardeman, City Planner, stated there was an on- premise directional sign recently permitted. Public hearing was opened. Joan Morgan, 1 0921 Mayfield, Corpus Christi, Texas, came forward in support of the request, stating she is available to answer any questions. Ms. Morgan stated that if the current buildings are destroyed by fifty-percent, they will more than likely be scrapped and the property turned into a parking lot. Ms. Morgan stated the purpose of the thrift stores is to provide lesser expensive, yet still nice, items to the Northwest residents who need affordable items, and so far, it has been successful. Planning Commission Minutes August 22, 2007 Page In response to Commissioner Huerta, Ms. Goode -Macon stated that the original special permit will remain with the original building due to storage uses. Mr. Richard Kronke, 10209 N. Herrington, Corpus Christi, Texas, came forward in opposition to the request, stating that in addition to the thrift store, the back half of both lots is used for the child daycare center. Mr. Kronke stated his concern is when and where the commercial development is held in check, stating that he owns two residential lots across the street. Mr. Kronke stated that in 2003 they requested a zoning change and platting for a "B-1" Neighborhood Business District and staff` recommended the back half stay residenti Planning Commission Minutes August 22, 2007 Page 4 Commissioner Loeb stated his concern is that commercial use would be limited on such a narrow dead end street and forcing commercial use in the residential homes via special permit seems redundant. Commissioner Loeb stated it is his opinion that the entire area be rezoned as commercial. In response to Commissioner Skrobarczyk, Ms. Goode -Macon stated the reason staff denied the original request of "B-1" Neighborhood Business District for the subject property is because of the continued residential use in the area. Ms. Morgan came forward stating the thrift shop is allowed to be open six days per week, however, they have chosen to open three days per week from 9:00 a.m. to 4:00 p.m. and are encouraging customers to use the parking lot as opposed to parking on the street. In response to Chairman Stone, Ms. Voss stated there were two letters of opposition returned from the same person, Mr. Richard Kronke, who is present and owns two residential lots on the street, but does not live there. Ms. Voss further stated that none of the residents living on the street have voiced opposition. In response to Vice- Chairman Garza, Ms. Goode-Macon stated that if existing buildings on the church property are torn down, that property may be used as parking for the church without further rezoning. In response to Commissioner Huerta, Ms. Goode -Macon stated that the parking lot is allowed with the church within the "R-1B" District and would not have to be screened from residential neighborhoods. Motion was made by Commissioner Tamez for approval of staff recommendation and was seconded by Commissioner Kelly. Motion passed with Commissioner Skrobarczyk and Commissioner Loeb opposed and Commissioner Nadkarni being absent. H:IPLN -DER SHAREDIBE ERLY\2O 7 CC IAU0'07\0807 -02 MINUTES.DOC Page of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GRACE UNITED METHODIST CHURCH, BY CHANGING THE ZONING MAP IN REFERENCE TO SHELL POULTRY ACRES, BLOCK LOT '1 FROM " - " o -FAMIL DWELLING DISTRICT ICT To "R-113/SP" ONE -F IMIL WELLING DISTRICT WITH A SPECIAL PERMIT SUBJECT TO FIVE CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS IATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING Fo PUBLICATION; AND DECLARING AN EMERGENCY, WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Grace United Methodist Church, for a mendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 22, 2007, during a meeting of the Planning Commission, and on Tuesday, September 18, 2007, during a meeting of the City Council, in the Council Chambers, at in the City of Corpus Christi, during which all interested persons were allowed ��� Hall, rn t ty p to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, 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 Shell Poultry Acres, Block 8, Lot 6, located on Church Street and approximately 300 feet northeast of Leopard Street, from "R-18" One-family Dwelling District to "RAMP" one - family Dwelling District with a Special Permit with five conditions. (Zoning Map 0620 50) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following five (5) conditions: 1. Uses: The only use permitted by this Special Permit, other than those uses permitted by right in the "R-1 B" One - family Dwelling District, is a church- related thrift shop. 2. Building: The existing building shall be used for the church- related thrift shop. of operation shall be Monday through Saturday from 3. Hours of erat�n • . Hours p 9 :00 am to 4 :00 pm. H: L G -DIF 1 hared\ of \age dal 200719 -181 D- zoning080 -0 raceUnit dM thodi t- P.do Page 2 of 3 4. Emplo ees: Employees shall be limited to a maximum of six volunteers. 5. Time Limit: Such Special Permit shall be deemed to have expired within one (1) year of the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION . A violation of this ordinance or requirements implemented under this ordinance constitutes an offense panishable under Section 1-6 of the City Code of Ordinances. SECTION . That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of -the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate r ediate 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 p regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 18th day of September, 2007. ATTEST: CITY of CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: September 12, 2007 LitL . Smith Assistant City Attorney For City Attorney HALE -DI Shan d\Gar Magend8 \2007\9-" 8\ f D- or1i 1 0 07 raceUnit dM t lodlat- Palo 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. Uwe, 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, Res ectfu lly, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike H u mei l Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1LE -DI1 I haredl ar la enda1 0071 -181 FAD- oning0807 -0 c 1nitedM thodi t- Palo 17 ms, AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: September 18, 2007) Lase , O - Alyan 1 I= h : A change of zoning from an "I -2" Light Industrial District to a "-4" General Business District, Whelan Tract Unit 4, Block 1, Lot 2, located on Navigation Boulevard and approximately 200 feet south of Interstate 37. Planning Commission & Staff's Recommendation (August 22,_2 71: Approval of the "B-4" General Business District. Reg nested Council Action: Approval of the "B-4" General Business District. Summary • Request: A change of zoning from "I -2" Light Industrial District to a "B-4" General Business District is requested to correct permit error for the construction and operation of a four (4) story hotel. Hotels are not a permitted use in the "I -" Light Industrial District. • Zoning: The purpose of the "B-4" General Business District is to provide all types of commercial and miscellaneous service activities. This district will allow for the location and operation of the multi-story hotel. The hotel is located on the west side of North Navigation Boulevard approximately 200 feet south of Interstate Highway 37. • Article 16 "B-4" General Business District, Section 16-2 Use regulations of the zoning ordinance, item (1) states that any use permitted within the "13-1" Neighborhood Business District is allowed, including temporary and permanent residential dwellings. Item (9) of the "B-1" District specifically identifies hotels, motels, or motor hotels. Requirements for this district include a minimum lot size of 6,000 square feet, with a maximum density of 36.30 units per acre. The minimum front yard setback is twenty -five feet and side and rear yards of five (10) feet for residential dwelling developments. The "B-4" District does not require a minimum frontage for commercial. The open space requirement is 30% of total lot area. • In contrast, Article 20. "I -2" Light Industrial District, Section 20-2 Use regulations, item (1) of the zoning ordinance of the City Zoning Ordinance, states that any use in the "B-5" Primary Business District is permitted except for dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons, therefore, the "I-2" District does not allow for hotels. • Existing Land Uses: A four (4) story hotel is presently under construction on the subject property. The owner of the subject property was unaware at the onset of the construction process that a hotel would not be a permitted use within an "I -2" Light Industrial District. A permit was issued in error due to two data systems having conflicting zoning information for the property. With further review of this project during the building process, staff discovered that the incorrect zoning district had been identified for the property. In an effort to correct the error, staff notified the applicant and owner and discussed a change of zoning for the property in order to allow the hotel in the correct zoning district. The applicant, owner and City agreed upon proceeding with the rezoning process. Agenda Memorandum Case No 0807-03 (Ryan McCarthy) Page 2 • Utilities: Water and Wastewater service is available to the property per the utility department service maps. • Transportation: The property has direct access to North Navigation Boulevard, a right-of-way identified as an "A-3" arterial roadway by the adopted Transportation Plan. The "A-3" arterial has an ultimate 160 foot dedication right-of-way design which includes the 95 foot back of curb-to-back of curb design. Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic generated with the proposed hotel could generate approximately 700 vehicle trip ends per day. • Comprehensive Plan Future Land Use: The future land use map of the Westside Area Development Plan recommends industrial and commercial uses for the general area. The subject property is identified as commercial. The development is consistent with the future land use determination. Notification: Of the sixteen (16) notices mailed to the surrounding property owners, zero (0) were returned in favor and one (1) was returned in opposition (0.55%). The 20% rule is not invoked. This case is considered non - controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Robert Nix, , A.fCP Assistant City Manager/ Development Services RN FGM b 1p Attachments: 1) Zoning Report 2) Planning Commission Minutes (August 22, 2007) 3) Ordinance Pl Proj ct Manager V Sr.C.P/CP Planning Director H:IPLI -DII ISHA D \Be erly\ OO7 \Aug'071 O7-0 AgendaMerno.doc CITY COUNCIL ZONING REPORT Case No.: 0807 -03 City Council Hearing Date: September 18, 2007 ° Applicant: Ryan McCarthy and City of Corpus Christi ITs Owner: Raju Bhagat lac ,. Agent: Ryan McCarthy ' a Legal Description/Location: Whelan Tract Unit 4, Block 1 Lot 2, located on Navigation Boulevard and approximately 200 feet south of Interstate 37. • cio O sae From: "I -2" Light - Industrial District To: "B-4" General Business District Area: 1.39 acres Purpose of Request: To correct permit error for the construction and operation of a four (4) story hotel in the applicable zoning district. Site North South Zoning Existing Land Use "I_" Light - Industrial District (4) story Hotel under construction "I -2" Light - Industrial District Vacant "B-4" General Business District Restaurant Future Land Use Hotel & Commercial Hotel & Commercial Restaurant Commercial "8-4" General Business District "1-2 & B-4" Light - Industrial District Restaurant, Hotel Fueling Station- - Mixed Uses: Professional Office, Business, & Light Industrial Mixed Use - Restaurant, Hotel, & Fuel Station Mixed Uses: Professional Office, Business, Light Industrial 1:6:1 .2 • Area Development Plan: The project site is located within the Westside Area Development Plan and is consistent with the future land use map that allows for industrial and commercial development for the general area. The subject property is identified as commercial. Map o.: 050045 onin l Violations: The hotel use is not in corn' fiance with "I-2" onin * district. Zoning Report Case No. 0807 -03 (Ryan McCarthy) Page 2 Stars Summary • Request: A change of zoning from "1 -2" Light Industrial District to a "B-4" General Business District is requested to correct permit error for the construction and operation of a four story hotel. Hotels are not a permitted use in the "I-2" Light Industrial District. • Zoning: The purpose of the "_" General Commercial District is to provide all types of commercial and miscellaneous service activities. This district will allow for the location and operation of the multi- story hotel. The hotel is located on the west side of North Navigation Boulevard approximately 200 feet south of Interstate Highway 37. • Article 16 "B-4" General Business District, Section 16 -2 Use regulations, item (1) states that any use permitted within the "B-1" District is allowed, including temporary and permanent residential dwellings. Item specifically identifies hotels, motels, or motor hotels. Requirements for this district include a minimum lot size of 6,000 square feet, with a maximum density of 3630 units per acre. The minimum front yard setback is twenty -five feet and side and rear yards of five (10) feet for residential dwelling developments. Each lot in the "13-4" District is required to contain at minimum frontage of fifty (50) feet. The open space requirement is 30% of total lot area. • In contrast, Article 20. "1-2" Light Industrial District, Section 20-2 Use regulations, item (1) of the City Zoning Ordinance, states that any use in the "B-5" Primary Business District is permitted except for dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons, therefore, the "1-2" District does not allow for hotels. • Existing Land Uses: A four story hotel is presently under construction on the subject property. The owner of the subject property was unaware at the onset of the construction process that a hotel would not be a permitted use within an "1-2" Light Industrial District. A permit was issued in error due to two data systems having conflicting zoning information for the property. With further review of this project during the building process, staff discovered that the incorrect zoning district had been identified for the property. In an effort to correct the error, staff notified the applicant and owner and discussed a change of zoning for the property in order to allow the hotel in the correct zoning district. The applicant, owner and City agreed upon proceeding with the rezoning process. • Utilities: Water and Wastewater service is available to the property. • Transportation: The property has direct access to North Navigation Boulevard, a right-of- way identified as an "A-3" arterial roadway by the adopted Transportation Plan. The "A-3" Arterial has an ultimate 160 foot dedication right-of-way design which includes the 95 foot back of curb -to -back of curb design. Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic generated with the proposed hotel could generate approximately 700 vehicle trip ends per day. • Comprehensive Plan /Future Land Use: The future land use map of the Westside Area Development Plan recommends industrial and commercial uses for the general area. The subject property is identified as commercial. Zoning Report Case No. 0807-03 (Ryan McCarthy) Page 3 Street -- Type Paved Section Volume (2001) 1 North Navigation Boulevard A -3 Arterial 160 feet (95 feet back to back) . 8,860 ADS` 1 The subject property is platted. 4 0.) C111) CC Ow 0 Hotel development at this site is compatible with other existing hotel, restaurant, and commercial uses in the area. • The high density character of the surrounding districts and land uses categories along with the immediate proximity to Interstate Highway 37 and the downtown area makes this use a proper fit to the over all area development. Rezoning to the "B-4" General Business District would correct the building permit issue and allow for the hotel in the applicable zoning district. w 0 Approval of the "B-4" General Business District. tit 2, 0 Gin 0. Recommendation Approval of the "B-4" General Business District. S 0 cg Number of Notices -16 Favor Opposition - 1 (0.55%) (As of September 4, 2007) Attachments: Zoning Map Ownership Map Ownership List Comments received from Public Notices mailed H: \PLi - D[R \SHARED\BeverIy12OO7 P \ NRPT IAugu t\ Reports \0807 -03 Ryan McCarthy.doc iiIi%I PIMPIRTY � Vara�o NAVIGATION TO IH 7 AVIGATION FROM IH 37 1 1 1 M -IELAN TRACT UNIT 3 GATION TO 1H 37 IH 37 ACCESS SAVAGE LANE l•IEIJ UNIT HOUND SAVAGE LANE 11 1.0 limAns • MINMEM • 1 UMME 12 SAVAGEINE RUSSELL INDU 3 0 100 200 400 Feet NOTICE CASE # 0807 -03 ZONING A -1 Apartment House Disbct 1.1 Limited Industrial District A -1A Apartment House District 1 -2 Light Industrial District A -2 Apartment House District 1-3 Heavy Industrial District AB Professional Office Dish PIED Planned Unit Development AT Apartment- Tourist District R -1A One Family Dwelling District B -1 Neighborhood Business District R -1B One Family Dwelling District B-1A Neighborhood Business District R -1C One Family Dwelling District B-2 8ayfront Business District R -2 Multiple Dwelling District B-2A Barrier Island Business District RA One Family Dwelling District B-3 Business District RE Residential Estate District B- General Business District R -TH Townhouse Dwelling District B-5 Primary Business District SP Special Permit B-6 Primary Business Core District T -1A Travel Trailer Park District BD Corpus Christi Beach Design Dist T -1B Manufactured Home Park District F -R Farm Rural District T -10 Manufactured Home Subdivision HC Historical- Cultural Landmark District Preservation P repared By H K P rinting Date: 8/28/2007 Project: Source: City of Corpus Christi - Development Services File: H; LN- D1RiSHARED% ES PmjectsCases12007 Zoning10807- 03110807- 03Notacesnx NAVIGATION TO IH 37 VIGATION FROM II-I37 OWNERSHIP Subject Property Owners within 200 feet listed on attached ownership table Pripared Or Mt Freeing Ogr 14137/2437 Poisct Source; CSy of Cows Christi - owrlopmeni Somme Fir: H APLWOMSHAREDVIIS ProjwIs CssastZONNHO CASE 480743.mcd 1 I HE 'I' WI E. a 1 1 0 a 'me udgel ne 'penu IDAR3 dfl 'own ap!B3 'LE HI YY IV aOLLON It80o-4clioa.4c, gig aggi88ii hmm gi zEIE he°I° 2rnn I� § XI c x*=eimeTEmEm k gmDo 0tn0- 0.0 w rim § g 6 0 10 24011 1: 0000 00000 E iWripp 'floc -74 izei=1:1 c"TIR OR R Ow co 11 m 0 i gl lisMila 0 c 1 w 0 z COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0807 -03 Name: Ryan McCarthy Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 16 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 1 {0.55 %} #1, Charles George Herin, 918 Navigation Blvd, 78408 "Several properties in the area are already light industrial." H. Responses received from outside the 200-foot notification area: Favor: 0 Opposition: 0 M. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 H :\PLN.DIR\ HA. ED1B v riy\2 7 P \PUBLI rtMEI T \08 7 -0 .do MINUTES REGULAR PLANNING COMMISSION METING Council Chambers- City Hall Wednesday — August 22, 2007 5 :30 P.M. COMMISSIONERS IISSIONERS PRESENT: Chairman Bryan Stone Rudy Garza, Vice Chairman Atilano J. Huerta David Loeb Evon J. Kelly Govind Nadkarni John C. Tamez Johnny R. Martinez James Skrobarczyk COMMISSIONERS ABSENT: Govind Nadkarni STAFF PRESENT: Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Miguel S. Saldaria, AICP, Senior City Planner Michael N. Gunning, AICP, Special Assistant to Development Services Shannon Murphy, AICP, City Planner Wes Vardeman, City Planner Stephanie Voss, Project Manager Chip Baish, Project Manager Gary Smith, Assistant City Attorney Beverly Lang - Priestley, Recording Secretary Si usted quiere dirigirse a la comision y su ingl s es limitado, habra un interprete de espaiol a ingl s en la junta Para ayudarle L CALL TO ORDER A quorum was declared and the meeting was called to order at 5 :30 p.m. v. ZONING 2. New Zoning b. Case No. 0807-03 Ryan McCarthy: A change of zoning from an "1-2" Light Industrial District to a "B-4" General Business District Whelan Tract Unit 4, Block I, Lot 2, located on Navigation Boulevard and approximately 200 feet south of Interstate 37. Wes Vardeman, City Planner, presented the case via Power Point stating that the case involves the Hampton Inn Hotel on property located on Navigation Boulevard currently zoned "I_2" and the applicant is requesting a change of zoning to a "B-4" District. Mr. Vardeman stated the property involves two lots and was previously a transmitter tower. Mr. Vardeman stated that although the aerial photograph does not show it, there is new construction of a hotel on one of the lots. Mr. Vardeman pointed out for the Planning Commission Minutes August 22, 2007 Page 2 Commissioners that there are many hotels in the area, as well as some restaurants. Mr. Vardeman stated that "B-4" General Business District provides for all types of commercial uses, such as multi- family, hotels and motels. Minimum front yard requirement is twenty -feet, zero lot line along the sides and in the rear unless there is a residential adjacency, in this case there is not. Mr. Vardeman showed photographs of the hotel under construction stating that it is pretty far along in construction. Mr. Vardeman pointed out the "I -" District does not allow for hotels, which are considered temporary residential. He further stated the "1 -2" District does allow retail shopping and personal service uses, such as banks. Of the sixteen notices mailed, zero were returned in favor and one was returned in opposition. Mr. Vardeman stated the Future Transportation Plan calls for a 95 foot back to back with "A-3" Arterial with an ultimate build -out of 160 feet. The potential traffic generated with the proposed hotel could generate approximately 700 vehicle trip ends per day. Staff recommends approval. In response to Commissioner Huerta, Mr. Vardeman stated it was a conflict in data that resulted in the hotel being permitted in the "I -2" District, in that one map showed the property "I -2" and a different one showed it as "13-4 ". In response to Commissioner Tamez, Ms. Goode -Macon stated that the zoning ordinance which was crafted back in the '60's, does not allow for mixed use of manufacturing with housing and is considered an incompatible use, therefore, temporary residential is not allowed in the manufacturing area. Public hearing was opened. Nobody came forward in support or in opposition. Public hearing was closed. Motion was made by Commissioner Huerta to approve staff recommendation and was seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Nadkarni being absent. H :\PLN- DIRISHAI EDIW RDIPLANNIN COMMISSLONIMINUTES\2007108-22-07MINUTES.DOC Page 1 of 3 All ORDINANCE AMENDING THE ZONING ORDINANCE, Al CE, UPON APPLICATION BY RYAN MCCARTHY, BY CHANGING THE ZONING MAP IN REFERENCE TO WHELAN TRACT UNIT 4, BLOCK 1, LOT 2, FROM 1-2" LIGHT-INDUSTRIAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE E PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING G FOR PUBLICATION; AND DECLARING AN EMERGENCY. C . WHEREAS, the Planning Commission has forwarded to the city Council its reports and recommendations concerning the application of Ryan McCarthy, 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, August 22, 2007, during a meeting of the Planning Commission, and on Tuesday, September 18, 2007, during a meeting of the City Council, in.the Council Chambers, at Cit y 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 Whelan Tract Unit 4, Block 1, Lot 2, located on Navigation Boulevard and approximately 200 feet south of Interstate 37, from 1-21 Light- industrial District to "B-4" General Business District. (Zoning Map 050045) 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. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. HALEG-DIR\Shared‘GaryS‘agenda1200719-18\ORD-zoning0807-03McCarthy.doc Page 2 of 3 SECTION 6. A ion of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION . That publication shall be made in the official publication of the City of as required the City Charter of the City of Corpus Christi. Corpus Christi � by � SECTION 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 r and suspends the Charter rule as to consideration and voting upon ordinances at two regular me tir s so that this ordinance is passed upon first reading as an emergency measure on this 18th day of September, 2007. CITY of CORPUS CHRISTI ATTEST: Armando Chapa City Secretary APPROVED: September 12, 2007 hitt, t ),O, Gary . Smith Assistant City Attorney For City Attorney Henry Garrett Mayor, City of Corpus Christi is LE - DIR\Shar d ar la endal 0o 1 -' 1 F D- oning0 7 -0 McCarthy.do Page 3 of 3 Corpus Christi, Texas day of a 2007 TO THE MEMBERS OF THE CITY COUNCIL CIL 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 Melody Cooper Larry Eli undo, Sr. Mike Hummel! Bill Kelly Priscilla G. Lear John E. Marez Nelda Martinez Michael McCutchon H:1L -DIR ha dl aryS\agondal oo \ -18\O D- oningO8O7 Q M arthy.doo 18 CITY COUNCIL AGENDA MEMORANDUM UM PRESENTATION City Council Presentation Date: September 18, 2007 AGENDA ITEM: Overview of the Unified Development Code (UDC) progress and Focus Group review update. STAFF PRESENTER(S): Name Title Position De ' artment 1. Michael N. Gunning, AICP 2. Shannon S. Murphy, AICP 3. Robert Nix, Jr. OUTSIDE PRESENTER(S): Name 1. CliffAtnip 2, Camm Dougherty 3. Daiquiri Richard 4. Bart Braselton 5. Johnny Cotten 6. Rudy Garza BACKGROUND: Special Assistant City Planner A s s � stant City Manager Title Position Chair Chair Chair Chair Chair Chair Development Services Development Services Development Services i nation Base Zoning Focus Group Signs Focus Group Parks Focus Group Shared Access Focus Group Infrastructure Focus Group Landscape Focus Group In January 2005, the City entered into a contract with Duncan Associates to prepare the Unified Development Code (UDC), a single source document combining our zoning, platting, and related development regulations. A Blue Ribbon Committee (BRC) was appointed representing various sectors of the community to be impacted by the development code and to be a review body gathering input. Additionally, the consultant team conducted extensive interviews with the BRC members, engineers, architects, developers, builders, and other special interest groups to ascertain what their primary concerns were about the current regulations. On June 5, 2006, a -day public review period began with an intensive media and outreach effort. Staff met with approximately twenty -four groups and recei • S igns a Park Development • Landscaping • Base Zoning i Infrastructure • Shared Access Administrative Procedures STATUS OF FOCUS GROUP REVIEW: Three focus groups completed review of their respective portions of the UDC. The focus group recommendations will be incorporated into our current ordinances until such time a UDC document has been adopted. The shared access recommendations will be presented as a text amendment to the current driveway ordinance. Due to the interrelated nature of the UDC sections for administrative procedures, base zoning, and infrastructure, these recommendations wilt be presented as a complete UDC document with the previous adopted codes (signs, parks, landscaping, and shared access). Therefore, those sections will not be brought forward to City Council until after the last focus group has completed its review. Completed Groups: Sl us The Sign Focus Group was initially formed as an Ad -Hoc Sign Committee in mid-2006 to address the unlimited sign allowances in the existing sign ordinance. The amendments tied sign allowances to the abutting functional street classification (freeway, arterial, collector) as opposed to the zoning designation of the subject property and established height, sign area and number of signs allowed per premise. The sign amendments were initially adopted by City Council on April 11, 2006 and amended on August 22, 2006 to include additional roadways. In December 2006, the Ad -Hoc Sign Committee was asked to reconvene as the UDC Sign Focus Group to address the remaining miscellaneous UDC sign provisions, pertaining to definitions, procedures, sign types, prohibited and exempt signs, banner and wall signs, and signs requiring a permit. The Group has completed their review and their proposed recommendations will be prepared as a text amendment to Article 33 of the current Zoning Ordinance. The City Council presentation is schedule for September 25, 2007. Park Development Group The Parks Focus Group met once a month from January through July 2007 to review the portions of the UDC that address parkland dedication. The Parks Group has completed their review. The Parks revisions will be prepared as a text amendment to Section 1.C. of the Platting Ordinance. Refer to Attachment A for future presentation and public hearing dates. Significant changes include: • Tying park dedication requirements to housing density; • Funding for Community and Regional Park needs; and • Collection of Park Dedication land or fees after platting has occurred. Landscape Group The Landscape Focus Group opted to strengthen our current landscape code in lieu of reviewing the proposed landscaping section in the UDC. The group felt very comfortable with the current code and saw it as an opportunity to update the plant list, close loopholes, and place more emphasis on Xeriscape. The Group has completed their review. The Landscape revisions will be prepared as a text amendment to Article 27B of the current Zoning Ordinance. ,Groups in ?ogress: The following groups are still reviewing their portions of the UDC. They are at different stages of their review, some further along than others, due to the quantity of material being reviewed and discussed. Base Zonina Group The Base Zoning Group meets twice a month. The Base Zoning Group is currently reviewing the commercial districts and the proposed uses that will be permitted in each. They have completed their review of the proposed district categories, measurements and exceptions of lots, residential development standards, and uses permitted in residential districts. The committee is approximately 40% complete with their review. Infrastructure Group The Infrastructure Group meets twice a month. They are currently reviewing subdivision design and improvements. The group has organized a subcommittee to review street sections, with the opportunity of smaller street sections and reduced setbacks, as well as allowing parking on one side of the street. The committee is approximately 70% complete with their review. Shared Access Group The Shared Access Group meets once a month. The UDC proposes standards for driveway corner clearance, distance between driveways, and minimum driveway widths. The City's Engineering Department hired HDR Engineering to review the existing driveway ordinance. The group decided at their initial meeting to focus on updating the current driveway ordinance rather than review the UDC standards and postpone future meetings until HDR completed their review. The consultant compared the different requirements from the Texas Department of Transportation (TxDOT), the existing driveway ordinance, the UDC, and Metropolitan Planning Organization (IMO) handbook. The group has partially reviewed HDR's recommendations and is approximately 40% complete with their review. Administrative Group The Administrative Group has not begun its review of the UDC. This group will convene after the base zoning, infrastructure, and shared access groups have completed their review. The infrastructure group members will become the administrative group members. In addition, the chairs from the other groups will also be invited to join the administrative group. The group will be tasked with reviewing all of the administrative procedures within the UDC. REQUIRED O NCIL ACTION: N/A Sincerely, Michael N. Gunning, AICP Special Assistant, Development Services MG/sm Attachments: 1) 2007 Timeline for Signs, Parks, and Landscaping 2) Group Review Matrix Cc: Robert Nix, Jr., Assistant City Manager, Development Services Angel Escobar, PE, Director of Engineering Johnny Perales, PE, Deputy Director, Development Services Sally Gav lik, Director of Park and Recreation Faryce Goode - Macon, Interim Director of I Development Services Planning H: \SHARED‘shannon\UDC\UDC Council update agenda memo 091807.doc �._ • _ .ice "' "" _ .. .� fr.�.M� t. vl.. .i ,_s.r �v 'i -:'h" �''-: ii" � ',T_-.`. 9t z t t r. K- 2007 Tentative Timeline for Signs, Parks, and Landscaping Articles FRAC 'Planning commission City Council Presentation u ust 8, 2007 Sept. 25, 2007 Public Hearing August 22, 2007 Oct. 9, Oct. 25, 2007 Presentation September 12, 2007 September 1 , 2007 October 2 , 2007 Public Hearing October 3, 2007 Nov. 13, Dec. 11, 2007 Presentation Public Hearing �a November 14, 2007 December 18, 2007 November 28, 2007 Jan. 15, Jan. 22, 2007 Note: Each committee chair will be invited to sit with staff at the presentations and public hearing. HAPIA-DIMSHARED‘shannonIUDMUDC Public Hearing Timeline 2 0 .xls Unified Development Code Grou • Review Comparison Article 1 General Provisions 1.1 Title 1,2 _ Purpose 1.3.2 THRU 1.7 Authority, it s Jun diction, Conflicting Provisions, Effective Date, Minimum .uirements 1 _ . 1.3 _F Sever ability 1.9 Rules of Statutory Construction 1 _ 1.10.1 THRU 1.10.3 Transitional Provisions 1.1 0.4 84_1.10.5 Transitional Provisions 1CC= = 1.10.6 Transitional Provisions =� Article 2 Development Review Bodies General MIMI 2.2 i Council 2.3 Planning Commission II 2 .4 Board of Adjustment 2.5 Buildin. Code Board of + .. -als i 2.6 Historic Preservation Commission MIM� Development Review Committee Director of Develont Services Buildin. Official 2.10 Flood slain Administrator vi 2.1 1 - Summary of Review Authority Article 3 _ Development Review Procedures 31 THRU 3.1.6 Common Review Procedures Review Procedures NO MO REVIEW Oil 3.1.7 THRU 3.1.11 Common 3.2 THRU 3.3.3 B Text Amendment, Zoning Map Amendment (Rezoning) . Zoning Map Amendment (Rezoning), Historic Overlay District or Landmark Designation~ NO REVIEW** 3.5 Planned Unit Deela • agent C - - 3.6 Conditional Use Permit NO REVIEIIV** 3. TIC U 3+1 Master Plat, Minor /Amending Review, Replant Subdivision Plat Review, or Vacation Plat 1I ithout Vacation C 3.1 1 THRU 3.16 Special Exception, Permit, Beachfront Certificate, Appropriateness, Appropriateness Dune Protection Construction Certificate of Certificate of for Demolition, Site Plan Review NO REVIEW* 3.17 Master Si.n Plan = ME 1111111111. - - - - 3.18 3_19 __ -- __- - -- Building Permit, Certificate of Occupancy and Compliance i REVIE1** 3.20 Sign Perm t 1 1 f —1-----L- 3.21 & 3.22 Temporary Use Permit, - - _- Floorplain Permit l O REVIE1 "* 3.23 Written Interpretation 3.24 & 3.25 Administrative Adjustment, Variance A 3.28 Flooplain Variance NO REVIEW** 3.27 & 3.28 Appeal of Administrative Decision, Vested Ri. hts Appeal 9/11/2007 H:1PLf - DIRISHARED1shannon\tJDC \UDC Matrix Extended Group Progress Comparison 1 Article 4 4.1 4.2.3 THRU 4.2.6 4.2.7 4.2.8 & 4.2.9 4.3.3 4.4 4.5 4.6 Article 5.1&5.2 5.2.6 THRU 52.10 H 5.3 5.3.2 D. E &F 5.4 Base Zoning Districts General Measurements and Exce . tions Measurements and_Exceptions _Measurements_ Measurements and Exceptions Sin! le -Famil Residential Districts C C c 1111 C C C Multifamily Residential Districts Commercial Districts Industrial Districts Use Regulations Use Categories, Specific Use Standards S • - cific Use Standards IN Ell 1 INNEN = =MI 5.5 Article Access° Uses and Structures Temporary Use Standards - Wireless Telecommunication NO REVIEW** lf"* Facilities Special Zoning Districts MUM 6.1.1 A THRU 6.1.1 C2 5.1.1 E1 &E2 6.1.1 E4 THRU 6.1.2 B 6.1.2 Doe THRU 6.1.2 D8 6.2 & 6.3 6.3.7 THRU 6.3.10 6.4 THRU 6.4.5 6.4.6 THR U 6.4.8 B 6.4.8 C THRU 6.4.13 S ' ecial Pu * o'se Districts S. - cial Pu . ose Districts S . ecial Pu • ose Districts S . ecial Pu • ose Districts S. cial Pu • ose Districts NA == -PUD, Planned Unit Development Overlay. -H. Historic Overla -H Historic Overla -I1 island Overlay -10, Island Overlay -10, Island Overlay NA MillE=== ---K- Article 7.1 7.1.4 C THRU 7.1.7 General Development Standards 7.2.1 & 7.2.3 7.2.4 A THRU 7.2.4 E 7.2.5 THRU 7.2.6A 7.2.6 B THRU 7,3 7.4.1 THRU 7.4.3 7.4.4 7.4,4 A 7.4.5 7.5_4 7.6 7.7_THRU 7.9 Access and Circulation Access and Circulation Off-Street Parking, Loadi ! and Stackin! Off- Street Parking, Loading and Stacking Off - Street Parking, Loading and Stacking Off- Street Parking, Loading and Stacking; Landscaping, Buffering and Screening Outside Display, Sales and Storage Outside Dis • Ia , Sales and Stora ! e Outside Dis•la Sales and tora!e NA - - = - - -- =MI NA NA NO REVIEW** ** Article 8 8.1 8.2.1 J3 THRU 8.2.1 J6 8.3 8.4 8.5 Desi• n Standards Public O. -n S •ace Im rovement Gurantees • NM= = == HAPLN-DIR\SHARED‘shannonIUDOUDC Matrix Extended Group Progress Comparison 9/11/2007 2 Article 9 M MI M� 9.1 9.2 - - Nonconforming Uses Nonco= irg signs 9. ,.. 9.4 Nonconforming Improvements or _ tructures 9. toncofrir}g Lots ol` record -- 9. EIirr ination o - onconforming status Article 1 n `or rn n - 10.1 - Autlorit ��� =� 10. _ Violations 10.3 Penalties D f niti r Article 11 11." 11.E - - - -- MIIIINIMIIIIIIII1 MEM T --- - =MI p. 11 -3 TH U p. 11- • MBE Ram p. 11 -11 ISO FEIE1''* I 1 ' =NM_ 11 p.11 -'1 MEM =M MI 1 NO REVIEW** -- p, ENE -- II. . 11-22 IIIIIIIMI 8. 11-23 THRU p. 11- -- �ME 1 MIMI 8. 11-26 - -- -- 11-27 -- —M 1 MOB IIIII — p. 11-28 — p. 11-29 p. 11-30 * Landscape committee reviewed specified UDC sections and concluded it would be in the best interest of the city to not adopt UDC landscaping text but rather modify the current Landscaping Ordinance and adopt it as an appendix to the UDC. ** No proposed change from current regulations, NOTE: Articles 1, 2 & 10 are being reviewed in their entirety by the Administrative Group, Articles 4 & 9 are being reviewed in their entirety by the Base Zoning Group. Article 8 is being reviewed in its entirety by the Infrastructure Group. "" indicates that section has been completely reviewed by the specified commmittee. "U" indicates that the section is under review by the specified committee. "y" indicates that the section will be reviewed by the specified committee. HAPLN-DIR\SHARED\shannon‘UDC\UDC Matrix Extended Group Progress Comparison 9/11/2007 ■ January 2005 - City entered into a contract with Duncan Associates to prepare the Unified Development Code (UDC) • Blue Ribbon Committee (BRC) was appointed • Consultant team conducted extensive interviews with the BRC members, engineers, architects, developers, builders, and other special interest groups 1 • June 5, 2006, a 45 -day public review period began • Staff met with approximately twenty-four (24) groups and received over forty (40) online comments consisting of over five - hundred (500) different line items • Focus groups were established with members from the Blue Ribbon Committee and additional members representing a cross section of the community to address the topics that received the most public comments ttAVAn v • Seven focus groups were established: • Signs • Park Development • Landscaping • Base Zoning • infrastructure • Shared Access • Administrative Procedures 2 ■ Three focus groups have completed review of their respective portions of the UDC • Signs • Parks • Landscaping ■ These group recommendations will be incorporated into current ordinances ■ Due to the interrelated nature of the UDC sections for administrative procedures, base zoning, and infrastructure will not be brought forward to City Council until after the last focus group has completed its review • Sign Focus Group was initially formed as an Ad -Hoc Sign Committee in mid-2006 to address the unlimited sign allowances in the existing sign ordinance • December 2006 -Ad -Hoc Sign Committee was asked to reconvene as the UDC Sign Focus Group to address the remaining miscellaneous UDC sign provisions • Group has completed review and their proposed recommendations will be prepared as a text amendment to Article 33 of the current Zoning Ordinance • City Council presentation is scheduled for September 25, 2007 3 Ems•; --- ,�^ • Parks Focus Group met once a month from January through July 2007 to review the portions of the UDC that address parkland dedication • Parks Group has completed their review • Parks revisions will be prepared as a text amendment to Section N.G. of the Platting Ordinance. • Significant changes include: • Tying park dedication requirements to housing density • Funding for Community and Regional Park needs • Collection of Park Dedication land or fees after platting has occurred } • Landscape Focus Group opted to strengthen our current landscape code in lieu of reviewing the proposed landscaping section in the UDC • Group saw it as an opportunity to update the plant list, close loopholes, and place more emphasis on Xeriscape • Group has completed their review • Landscape revisions will be prepared as a text amendment to Article 27B of the current Zoning Ordinance • Presentation scheduled for City Council in December 2007 4 Unified Development Code 2007 Tentative Timeline for Signs, Parks, and Landscaping Articles 1 PRAC PRA J Planning Commission J City Council Signs Presentation August 8, 2007 Sept. 25, 2007 Public Hearing August 2, 2007 1 Oct. , Oct. 2 , 2007 Parks Presentation September 12, 2007 September 19, 2007 October 23, 2007 Public Hearing October 3, 2007 Nov. 13, Dec. 11, 2007 Landscaping Presentation November 14, 2007 ; December 18, 2007 Public Hearing November 28, 2007 Jan. 15, Jan. 22, 2007 , Note: Each committee chair wilt be invited to sit with staff et the presentations and pubdc hearings. ■ Base Zoning • Infrastructure • Shared Access reS 5 • Base Zoning Group meets twice a month • Base Zoning Group is currently reviewing the commercial districts and the proposed uses that will be permitted in each • Group is approximately 40% complete with their review • • Infrastructure Group meets twice a month • Currently reviewing subdivision design and improvements • Group has organized a subcommittee to review street sections, with the opportunity of smaller street sections and reduced setbacks, as well as allowing parking on one side of the street • Group is approximately 70% complete with their review 6 Mrigtalz _... r <.'. . -:7: ^s„.„, • Shared Access Group meets once a month • UDC proposes standards for driveway corner clearance, distance between driveways, and minimum driveway widths • City's Engineering Department hired HDR Engineering to review the existing driveway ordinance. • Group postponed future meetings until HOR completed their review • Group reconvened in July and is currently reviewing HDR's recommendations • Group is approximately 40% complete with their review • Administrative Group has not begun review of the UDC • Group will convene after the base zoning, infrastructure, and shared access groups have completed • Infrastructure group members will become the administrative group members • In addition, the chairs from the other groups will also be invited to join the administrative group • Group will be tasked with reviewing all of the administrative procedures within the UDC 7 8 19 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION City Council Action Date: September 18, 2007 AGENDA ITEM: Water and Gas Rate Study Update STAFF PRESENTER(S): Name 1. Ronald F. Massey 2. Debbie Marroquin 3. Cindy O'Brien Title /Position Assistant City Manager Director Director De •artment ACM- Public Works Gas Dept Finance Dept OUTSIDE PRESENTER(S): Name Title /Position _Organization 1. Tony Bagwell Consultant HDR ISSUE: Council needs to be presented project status and findings prior to proceeding. BACKGROUND: Council directed staff to proceed with a Utility Rate Analysis to ensure water and gas rates are properly and fairly structured. The initial update on the study was presented to Council on January 23, 2007. Subsequent to that, meetings have been held on the water rate part of the study with two stakeholder groups and the Water Resources Advisory Committee. In addition to providing the City with assistance in updating the rate structure for water and gas rates, the study will provide the City with a financial model for rate setting and debt service. REQUIRED COUNCIL ACTION: None Powerpoint x Ronald F. Massey Assistant City Manager Utilities Financial Planning Model and Water & Gas Utilities Rate Studies City of Corpus Christi City Council Briefing September 18, 2007 1:-ER HDR Scope and Status • Develop a utilities financial pl nnin model for Water, Wastewater, Gas Utilities and Stormwater. • Conduct rate studies for water and gas utilities. • Certain gas issues to be addressed in separate marketing study. * Efforts delayed by City software conversion & data issues. � Model is nearing completion; awaiting CIP information. * This briefing is to coordinate various policy issues before proceeding with further rate structure recommendations and water stakeholder groups coordination. J 1 The Water Utility Water Utility Water Use Patterns & Desirable Rate Design * Customer class distinctions and rate structures should be cost of service based, affected by: ▪ Differing Patterns of Water Use ▪ Differing Facilities Used * HDR study addressed the following questions: ▪ Are the current classes well defined? ▪ Is the class' water use characteristics fairly homogeneous? Do they peak on the system? ▪ Are use patterns useful for determining rate design? ▪ Do certain customers use unique facilities? I-ER 2 Water Utility Characterization of Customer Classes c, * Peaking/Homogeneous • Residential • Multi-family (divide by # units to make homogeneous) • Irrigation (divide by # acres to make homogeneous) Peaking /Non - Homogeneous • Master meters for typical wholesale customers * Mild Peak/Non- Homogeneous • Commercial (hard to make homogeneous) * Relatively flat Use /Non - Homogeneous • Industrial * Also, certain customers use or benefit from certain facilities and should have their own class. Water Utility Existing City Customer Classes Raw Water - Wholesale • Composite Rate • Beeville • Mathis • Alice • Contract (Nonratepayer) Rate • San Patrnio MWD • Koch/Flint Hills • Celanese Ratepayer Rate • Diversion to Stevens Treatment Plant • City Raw Water Use Treated Water — Wholesale Public Agency for Resale • San Patriao MWD • STWA • I CWCID # (Port A) 3 Water Utility Existing City Customer Classes Treated Water - Retail (includes both inside & outside city distinctions) • Residential and duplex • Commercial (also includes Multifamily, city Enterprise Funds and Violet WSC) • Large Volume Customers • Unbilled City Use Water Utility Residential Use Patterns Rate D011.000 f Use elpck (gaislmojnsk a City outside Citv First 2,000 Minimum Minimum Next 13,000 $ 2.485 5.208 Next 15,000 3.507 5.208 Next 20.000 $ 4.292 $ 5.208 Next 50,000 $ 5.208 5.208 Thousand Gallons per Month 12 10 8 6 4 2 MONTHLY PATTERNS WATER USE PER CONNECTION SINGi.E.FAMILY RESIDENTIAL I ■ ■ ■ . . . . T -' -. • — • • .! r r 1 7%. 117 2 2 9. c'? 9 112 < 0 4 ol3 16 • • < Pg st: 811- 1 —4—Mg Use per onnectlon —My Water Use per Fiscal Year —Avg Winter Water Use Above Avg. Peak Use Modem's Irrigation Use Minor Irrigation U$. Indoor Use Water Utility Multifamily Use Patterns 7 6.0 I 5.0 0 a 4.0 i� 3 ■0 2.0 1.0 0.0 H °NTNLY PATTERNS WATER USE PER WELLING UNIT H ULT[ -FAH ILY r � 1.11 Y? I 1,1 IL7 Y7 +Arg Use per Connection —Mg water use per Fiscal Year —Mg Winter water use I The consumption "band" is so narrow, pricing blocks aren't realistic. }ER Water Utility Commercial Use Patterns Rate per 1,000 gallons Use Block (gals/ma) Inside il,_ _ 01.itside City First 2,000 Minimum Minimum Next 13,000 $ 2.485 $ 5.420 Next 85,000 $ 2.211 $ 4.867 Next 000,000 1.080 $ 3.781 Over 1,000,000 $ 1.316 $ 2.063 0 0 7 0 MONTHLY PATTERNS WATER USE PER CONFECTION COMMERCIAL 10 1;11 —4--Avg Use per CO rrectian —Mg Water Use per Fiscal Year —Mg Miter Water Use 1 There is some seasonality (about 1.5X peaking factor), but not as high as for residential (about 2X). FER 5 Water Utility Large Volume Customer Use Patterns ;,r Large Volume Rate per, 1.000 salons use Block (aakslmo) Inside City ry outside wit First 10,000,000 13,482.528 22,498.945 Over 10,000,000 0.872 1.275 Thousand Gallons per Month 50,000 45,000 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 MONTHLY PATTERNS WATER USE PER CONNECTION LARGE VOLUME p u I 11 -Avg Use per Cornecticn Ag Wailer Use per Fiscal Year -Avg Winter Water Use The annual cycle of water use is mostly I keyed to plant j production needs. not the weather. Water Utility Adequacy of Existing Customer Classes (I) * Considerations: • Wholesale 1 • Consider distinct wholesale rates for entities using the City's transmission network (Violet WSC and NCWCID #4). • Consider new class for potential raw water customers at the Port of Corpus Christi, • Retail • Multi - family (typical peaking customers) was evaluated for its own class status, but it did not seem viable. • Instead, cl y should consider spedal customer classes (and rates) for apartment common areas and for irrigation, as well as re- evaluate its meter policy so that city - owned, separate irrigation meters are promoted or required. 1-ER 6 Water Utility Exist. Monthly Min. Charge & Meter Ratios 'IT Monthly Muiimums Equivalent Meter Ratio Meter Size in0r,le City outside City Inside Cs outside Ci Standard 5/8" x 3/4" Rest denii al $7.189 $15,265 1.00 1.00 1.00 5/8" x 3/4" Commerdal $10.376 $21,659 1.00 1.00 1.00 1" Commercial $16.560 $33.982 1.60 1.67 2,50 1 1/2" Commefdal $27.821 $56.523 2.68 2.61 5.00 2" Canmerdal $43.287 $87.437 4.17 4.04 8.00 3` Cornmerdal $156.321 $311.506 14.97 14.38 16.00 4' Commercial $177.204 $355.295 17.08 16.40 25.00 6' Canmerdal $266.249 $533.408 25.66 24.63 50.00 8" or larger Commercial $399.916 $800.733 38,54 36.97 160.00 I-ER Water Utility Adequacy of Existing Rate Structures Considerations for restructuring: ▪ Wholesale • When feasible, consider minimum charges based on an objective capacity reservations measure. ▪ Retail iI • Scale monthly minimum charge by AWWA meter size ratios. • Revise residential block pricing tiers to reflect patterns of use. • Move to uniform rates for Commercial, Industrial, and Public Agency for Resale rates as declining block rates are: • hard to justify on a cost- of-service basis and can cause the city regulatory and funding difficulties with the State. ▪ not very relevant since many customers stay in top tier. • OCL retail rates should reflect a more moderate mark -up. FER Water Utility Cost of Service Issues ...... ........ �..� There are also a number of cost issues facing the Water Utility Two General Themes T Costs are increasing Irk • Costs are shifting � Water Utility Cost Reallocation Issues ii i■ Costs for municipal stormw ter: • are significant, currently over $18 million annually. • are currently included • in the treated water rate. • in many cities, is funded by its own stormwater revenue source. • if supported by water rates, should be assigned to ICL water customers only, • This would result in about $7.7 million in annual stormwater expenses shifting to in -city customers. • Stormwater costs in the ICL water rates would comprise about $1.58 per 1,000 gallons of water use. 8 Water Utility Cost Reallocation Issues Facilities Used and Useful and how they are used) • Some wholesale customers only use the raw water system. • Some wholesale customers only use raw water and treatment systems. • Some wholesale customers only use raw water, treatment, & network. • Some customers use the entire system. ICL/OCL Status of the Customer From Psinciples of Water Rates, Fees . no • - r • es (AWWA M-1 Manual - fifth edit), "When a government-owned utility provides service to customefs outside its geographical limits, the situation is similar to the relattonshr' of an investor-owned utility to its customers, bade the owner (political subdivision) provides service to nonowner- customers (customers outside its geographical limits). In this situation, tome government-owned utility is entit%d to a reasonable rate of return based on the value of its plant required to serve those customers.' Water Utility Facilities Used and Useful 4- Cn;i&t. Extent of City Facilities Used and Useful li Raw weft $vstem Beeeille Mathis Moo Contract Customers San Patricia M O Celanese Kochfpnt F s Raw Ccrosyed Customers FWise Customer 1 Future Customer 2 Ratepayer Customers ICL Retail OCL Rea Other OCL Lg. Volume OCL W olrsa� #ICWCIDI4 Violet W8C SPtAWD STWA Use Shwa* Raw Dlels on ygl rn Raw Conveyed Customers Future Customer i Future Custorner 2 Ratepayer Customers ICL Fill OCL Wen Other OCL Lg. Volume OCL V%twoleseb NCWCIDM4 Violet W3 C SPIA Y4D ST WA Inside City Limits OCL) Outside City Limits (OCL) Use Slovene Raw P vsriJon & New Pbohni New Flaw Water Pipelns Fuhrre Customer 1 Future Customer 2 Use Raw Diversion I. Ratepayer Customers ICL ibtall OCL Mb. met OCL Lg. Volume OCL Y pole ais NCWCID S# Violet W9C SPIIIWD $TWA Row, Troths,* 1 Ratepayer Customises ICL Lg. Volume ICI. Other Rohl OCt. RAN Mist OcL LS. Volunss OCL V4hoissals NCVICID d4. Violet YID I-ER 7 Water Utility Cost of Service Issues Basis for Revenue Requirements (the annual revenue need that rates are based on): • Current "Cash" Method for OCL Wholesale. • Recovers debt service costs explicitly • But yields no rate of return ▪ Suggest "Modified" Method with Rate of Return for OCL Wholesale Customers. • Would also recover debt service costs explicitly • Would also include a rate of return Water Utility Summary of Cost Reallocations OCL Customers - Stormwater Costs Common Costs Unbi {led City Water + Pay for System Facilities Used * + Return on Equity + Interim Financing/Fiscal Costs ICS Customers + Stormwater Costs + Common Costs + Unbilled City Water - Pay for System Facilities Used - Return on Equity - Interim Financing/Fiscal Costs + increases allocated cost of service. - Reduces allocated cost of service. Change applies to only some OCL customers. 10 C. 7 The Gas Utility Gas Utility Issues qi 11 Gas Utility Characterization of Financial Performance (1, ---------------- * Problems building over past several years. E * Interim adjustment recently implemented. * Contributing factors to financial problems: • City costs (non -PGA) have noticeably increased. • City- related cost increases not met by similar rate adjustments. • Internalized CIP is funded by cash. • These factors have depleted finandal reserves... both seasonal reserves and longer -term reserves. Utility revenue is significantly exposed to weather influences but City has no finandal reserves to buffer this volatility. Time lag between increases in the PGA and passing it on. R Gas Utility Existing Customer Classes • Retail Rates (with ICL and OCL distinctions) • Residential (One and Two Family) • December — April Rate months) • May — November Rate months) • Seasonal • Customers who have requested a gas cutoff and reconnection at the same address. • General (Commerda1) • Large Volume Discount • 2.05% Tess for Purchased Gas Adjustment (PGA) rate than for General Rate Customers • Incentive Air Cooling & Conditioning • Unbilled (City and Park) -T I 12 kb. City Cadisnsra Residential Use Patterns Rat r.« bss 'rt HspA 7 IOC F }y . . I. ......................., .- .- .-- ... -.. -_. N 6 MC F k Over M DierAga 1 Mr1rr. Chr's Fni1LICEprrm.orI. 1 N.1 7 mac# MONTHLY THLY PATTERNS MCF PER OAS COIII 0110 1 I JDDmAL Gas Utility General Use Patterns i,,.ld. Cry O:t.w. City Mew Charge $ 9 -130 - 5 1c.1e0 Ft-St 1 ft&CF permonth or Isse 4 63,57 $ 10-$06 Next MCA $ 4.013 $ 5.bO8 Next 7 MCP $ 4.540 $ 6 -172 Next 40MCF $ 4-415 $ 4.072 Next 50 MCF S 1.005 $ 2555 Next 100 mop $ 1.5•8 $ 1 -705 !►text 100 MCF 1.357 $ 1,497 Ns>trt 700 MCF 4 1.327 $ 1.405 Neil 1,000 MCF 5 1.147 5 1.147 Next 13.000 MCF 5 1.031 5 1.091 Over 15.000 MCF 5 0,068 6 0 -666 Largo Va... 011,. rat O5% leas kir P ee d Gas Adyuatr ent Mere Genera, Rale Schadr/s MCF per Month 100 90 00 70 60 50 MONTHLY PATTERNS AICF PER ( 5 ONNECT10M GENERAL 40 T 20 — 10 0 err .r +*+ i* 1ew�er��vi�c9aC}a�aeaoaeaprw�e�s�*r;v;;;;41'au��n�a +p,�+nurrrA�wlrs�as+voaoaa M92 �7 till tgig#O4# .7 12atej3 11t6 --Avg Use per Correction -Alg Gas Um per Fiscal Year -ANg Wirier Gas Ilse] } The average con mercial customer uses between 50 to 70 mcf monthly. 13 Gas Utility Adequacy of Existing Rate Structures • certain rate designs should be considered for } restructuring: ▪ Gas revenue stability is significantly exposed to Breather changes that affect volume revenues. • Current minimum charges are low... consider higher minimum charges to produce more stable revenue. ▪ Tiered pricing blocks of the volume rates are not consistent and do not adequately reflect use patterns. • Make use blocks more consistent • Then use block pricing to promote consumer behavior. • Consider more Residential tiers between 0 to 10 mci. • Consider more General tiers between 50 to 150 mci. Gas Utility Consumption Blocks Residential Summer Example Winter Example 38 gel 7-10 1430 31-50 >50 0 -1 2 -3 4-10 11 -15 16-50 > 50 4-6 7 -10 10-30 31-50 >50 General Existing 0 -1 2 -3 4 -10 11-50 51 -100 101 -200 200 -300 301 -1,000 1,001 -2,000 2,001 - 15,000 15,000 Example 4-6 7-10 11-50 Make use blocks more consistent and address promotional issues through pricing of these more uniform blocks. Gas Utility Adequacy of Existing Customer Classes � Seasonal Rate Class • For periodic gas customers to be classed as "seasonal" (more expensive pricing), they must discontinue only gas service, whereby the City continues to collect water & wastewater min. charges. ▪ If they periodically disconnect all utilities, they are classified as residential (less expensive pricing), even though the City gets no utility minimum charges at all. ▪ Patterns of cut -ons /cut -offs indicate customers may be manipulating this to their advantage. • City should examine the class definitions or re-style the reconnect charge. HR Gas Utility Adequacy of Existing Customer Classes • Large Volume Discount Class • Customers who use over 15 MCF receive a 2.05% discount on the PGA. • Naval Air Station slowly losing discount class status, while Sam Kane Packing gaining discount class status. • Incentive Cooling Class • Customer must have a gas-operated air cooling unit and have avg. summer gas use exceeding avg. winter. ▪ A marketing study should examine whether relaxing the summer/winter ratio criteria might increase new gas customers and its net effect on gas revenues. 15 Gas Utility Adequacy of Existing Rate Structures r Rates should be set sufficiently high to provide for: } targeted reserves during a normal weather year. rate stabilization fund to address non- normal weather years. * With automated meter reading (AMR ), the time lag between increases in the PGA and passing it on to the customer will be greatly reduced or eliminated. ha Gas Utility Funding Level of Rate Stabilization Reserve? "Normal" Winter *nn" Winter Sales Fvenue -6.QOr ■ - 10 -00 b - %SOD c - 20 -GO d The City can decide what level of resentes to fund based on its desired risk exposure FER 16 Gas Utility Cost of Service Issues * Review O &M Costs for Efficiencies * Consider debt funding of capita! improvements. Budget dollars to fund both operating and rate stabilization reserves. I-ER (Fri Gas Utility Financial Stability Consider shifting greater revenue recovery to monthly minimum. Set adequate rates based on "normal" weather conditions (after establishing a desired operating reserve). ftE Use a rate stabilization fund to manage multi -year weather patterns. How to enable the rate stabilization fund • Gather needed transfers to the fund through: • Issuing debt for capital- related activities for several years. • Reduce other costs. • Temporarily increase rates to allow for installment payments to build the reserve. 17 Overall issues City should invest in the utilities based on need. * Rate "caps" can have undesirable effects: • Insurance, energy, construction, and other costs have been increasing at much more than S%-6% annually. • The resulting financial "squeeze" that this produces: . Impacts needed reserves and bond coverage performance, . Produces a growing backlog of capital improvements that are ever more difficult to deal with In the future. Affordability - Special "affordable" rate classes increase cost of administration. • Current water rates provide for 2,000 gals in the monthly minimum charge. • Gas utility customers have access to Operation HEAT Help. Next Steps � Incorporate Pending CIP Numbers � Show quantitative Results at the Next Council Briefing Further Stakeholder Coordination � Present Rate Recommendations +13 Council Deliberations � Implementation FL 11 18 20 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Water Trust Fund Update: Development Outside City Limits STAFF PRESENTER(S): Name _. Title/Position Department 1. Juan Perales, Jr. Deputy Director Development Svcs. OUTSIDE PRESENTER(S): Name TitlelPosition Qj,qanization 1. none ISSUE: The combined amount of current requests for reimbursement from the WaterArterial Transmission and Grid Main Trust Fund and those anticipated within the near future is expected to exceed the fund's current balance. REQUIRED COUNCIL ACTION: None. e \. Robert Nix ACM of Development Services PowerPoint presentation X Supplements! information ❑ Water Trust Fund Update: Development Outside the City Limits 1 Platting Ordinance Definitions • Transmission Mains: Mains of Tare diameter used to transport water from treatment facilities to distribution areas. (Typically and lamer diameter.) • Arterial Transmission Main: That portion of a transmission main, or its branches, lyin9 within a distribution area used to supply the grid system within that particular area. (Typically 1" and larger diameter.) p g • Grid Mains: Mains of 12 inches inside diameter, or larger, that serve as distribution supply mains, and are not to exceed 6,000 feet in length between cross connection mains. • Grid Loop: That portion of the grid system where the grid main is completely closed around an approximate square mite area, or as permitted by the Distribution System Standards up to a maximum of an approximate square mile area. • Distribution Mains: Mains of 12 inches inside diameter, or smaller, connected to the supply mains that provide fire protection and domestic service. 911312007 2 1 Platting Ordinance Basis • Section , . .a. states: 'Where an approved treated water supply main of sufficient capacity as determined by the Water Superintendent is available within one (1) mile of the property being platted, irrespective_of location within or without_ he _pity limits, each lot within the subdivided area shall be provided with access to such water supply. The water system shall be designed in accordance with the Distribution System Standards published by the Water Division, Corpus Christi, Texas, in effect at the time of commencement of water system construction." 9/1 312007 3 Platting Ordinance Basis • Section . .5.f 1 Arterial Transmission and Grid Main Extensions: In the event of the arterial transmission main or grid system is not in place when required for development, the developer may install that portion of arterial transmission main or grid main necessary to meet the Distribution System Standards, Water Transmission Master Plan, and Fire Suppression Rating Schedule, provided, however, the grid system shall be developed as approximate one mile grids beyond the existing grid to ensure that sufficient service is available. 911312007 4 2 Platting Ordinance Basis • Section . . .f 1 II. Reimbursement: f the developer costs for installation of such arterial transmission main or grid main are greater than the lotlarea a fee, the developer shall toe reimbursed (less any lotiacreage fee credits) from funds available from the Grid and Arterial Transmission Mains Trust Fund for that portion of the arterial transmission main or grid main installed by the developer up to a maximum that which is required by the Distribution System Standards 9/13/2007 5 Platting Ordinance Basis Conditions to be let prior to reirr burserrxent: a Developer must submit application for reimbursement, including all cost supporting documentation. ▪ Proposed waterline improvements must be consistent with the City's Water Transmission Master Plan, Distribution System Standards, and Fire Suppression Rating Schedule, or consistent with an approved amendment to these requirements. • Reimbursement agreements must be approved by City Council prior to beginning any construction. • Adequate funds must be available in the applicable trust fund, and appropriated by the City Council. • The order of reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council. 9)1 3/2007 3 Water Grid and Arterial Transmission Mains Trust Fund Status • As of August 23, 2007, the fund balance is reported to be $654,879. 9/13/2007 7 Anticipated Trust Fund Impact Project Acreage /Lots Est. Waterline Reimbursement Project Status London Club Estates 136 A . /110 Lots $300,000 Plat Approved Plans Submitted London Court Estates 80 A . /00 Lots $400,000 Plat Approved No Plans Royal Oaks 177 A . 1 32 Lots $1,100,000 Plat Rejected No Plans Totals 393 Ac./302 Lots ' $1,800,000 nla 9/13/2007 9 Other Anticipated Impacts • Continued activity will promote development beyond the city limit boundaries. • Continued activity will result in proliferation of residential developments with on site wastewater disposal (aerobic units). • The resulting large tract residential development (lot size of one half acre or more) will not be desirable for annexation i.e. lacking adequate master drainage facilities, etc.) • "Stretching" of the water distribution system can result in increased difficulty of system operation and maintenance, such as creation of possible "dead ends ", or other supply or fire protection issues. 9/13/2007 10 5 Other Considerations • Chapter 245, Local Government Code, provides that the regulations that will apply to a project are the regulations in effect at the time the application for the permit is filed. • Generally, a City may only require that a developer install public improvements that are "roughly proportional" to the impact that the development has on the City s systems. If the City requires the developer to install a larger waterline than the proposed development requires, then the City is responsible for providing the cost of the over-sizing f the line. Corpus Christi has used the trust funds to provide for such over- sizing. 9/13)2007 11 6 Water Trust Fund Update: Development Outside the City Limits 911312007 1 Platting Ordinance Definitions • Transmission Mains: Mains of large diameter used to transport water from treatment facilities to distribution areas. (Typically 24" and larger diameter.) • Arterial Transmission Main: That portion of a transmission main, or its branches, lyin9 within a distribution area used to supply the grid system within that particular area. (Typically 1 and larger diameter.) • Grid Mains: Mains of 12 inches inside diameter, or larger, that serve as distribution supply mains, and are not to exceed 6,000 feet in length between cross connection mains. g • Grid Loop: That portion of the grid system where the grid main is completely closed around an approximate square mile area* or as permitted by the Distribution System Standards up to a maximum of an approximate square mile area. • Distribution Mains: Mains of 12 inches inside diameter, or smaller, connected to the supply mains that provide fire protection and domestic service. 9/13/2007 2 1 Platting Ordinance Basis Section .B.b.a. states: 'Where an approved treated water supply main of sufficient capacity as determined by the Water Superintendent is available within one (1) mile of the property being platted, irrespective of location whin or without the ci limits, each lot within the subdivided area shall be provided with access to such water supply. The water system shall be designed in accordance with the Distribution System Standards published by the Water Division, Corpus Christi, Texas, in effect at the time of commencement of water system construction." 911312007 3 Platting Ordinance Basis • Section V. 13.5.f)(1) Arterial TransmIsQrLand Grid Main Extensions: in the event of the arterial transmission main or grid system is not in place when required for development, the developer may install that portion of arterial transmission main or grid main necessary to meet the Distribution System Standards, Water Transmission Master Plan, and Fire Suppression Rating Schedule, provided, however, the grid system shall be developed as approximate one mile grids beyond the existing grid to ensure that sufficient service is available. 9/13/2007 2 Platting Ordinance Basis r Section . .5.f 1 ii. Reimbursement: If the developer costs for installation of such arterial transmission main or grid main are greater than the lot/acreage fee, the developer shall lope reimbursed (less any to acreage fee credits) from funds available from the Grid and Arterial Transmission Mains Trust Fund for that portion of the arterial transmission main or grid main installed by the developer up to a maximum of that which is required by the Distribution System Standards 9/13/2007 5 Platting Ordinance Basis Conditions to be met prior to reimbursement: • Developer must submit application for reimbursement, including all cost supporting documentation. • Proposed waterline improvements must be consistent with the City's Water Transmission Master Plan, Distribution System Standards, and Fire Suppression Rating Schedule, or consistent with an approved amendment to these requirements. • Reimbursement agreements must be approved by City Council prior to beginning any construction. • Adequate funds must be available in the applicable trust fund, and appropriated by the City Council. • The order of reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council. 9/1 312007 6 3 Water Grid and Arterial Transmission Mains Trust Fund Status • As of August 23, 2007, the fund balance is reported to be $654,879. 9/1312001 7 4 Anticipated Trust Fund Impact Project Acreage /Lots Est. Waterline burser ent Reimbursement Project Status London Club Estates 136 Ac. /11 Lots $300,000 Plat Approved Plans Submitted London Court Estates 80 Ac160 Lots $400,000 Plat Approved No Plans Royal Oaks 1 7 Ac. /132 Lots $1,100,000 Plat Rejected No Plans Totals 393 Ac./ 302 Lots $1,800,000 n a 9/13/2007 9 Other Anticipated Impacts • Continued activity will promote development beyond the city limit boundaries. • Continued activity will result in proliferation of residential developments with on site wastewater disposal (aerobic units). II The resulting large tract residential development (lot size of one half acre or more) will not be desirable for annexation (i.e. lacking adequate master drainage facilities, etc.) • ;`Stretching" of the water distribution system can result in increased difficulty of system operation and maintenance, such as creation of possible "dead ends ", or other supply or fire protection issues. 9/13/2007 10 5 Other Considerations • Chapter 245, Local Government Code, provides that the regulations that will apply to a project are the regulations in effect at the time the application for the permit is filed. ✓ Generally, a City may only require that a developer install public improvements that are "roughly proportional" to the impact that the development has on the City's systems. If the City requires the developer to install a larger waterline than the proposed development requires, then the City is responsible for providing the cost of the over-sizing of the line. Corpus Christi has used the trust funds to provide for such over - sizing. L9/1 312007 11 6 21 AGENDA MEMORANDUM AGENDA ITEM: September 18, 2007 a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Billy W. Sanders and Robbie Sanders, owner and developer of London Club Estates located north of FM 43 and east of the FM 43 and FM 763 intersection for the installation of 4,951 linear feet of 16-inch PVC water arterial transmission main; and b. Ordinance appropriating $295,268.97 from the Arterial Transmission & Grid Main Trust Fund No. 540450 -21805 -4030 to reimburse Billy W. Sanders and Robbie Sanders for the installation of 4,951 linear feet of 16-inch PVC water arterial transmission; and declaring an emergency. ISSUE: Billy W. Sanders and Robbie Sanders, owner and Developer of London Club Estates, will start the installation of 4,951 linear feet of 16-inch PVC water arterial transmission 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. RECOMMENDATION: Staff recommends ends approval of the motion and ordinance as presented. Bob Nix Assistant City Manager of Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Background Information Location Map Schematic Proposed 16" Waterline Application for Waterline Reimbursement Application for Waterline Credit Cost Estimate and Bid Tabulation Fire Flow Analysis Arterial Transmission and Grid Main Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The plat for London Club Estates was approved by the Planning Commission on November 15, 2006.The development and platting of London Club Estates (Exhibit B) requires a total extension of 4,961 linear feet of 16 -inch PVC water arterial transmission main along the north side of FM 43. The proposed 16- inch water arterial transmission main begins at the existing 16 -inch water line previously installed by the London Independent School District and extends west, along FM 43 approximately 4,961 linear feet terminating at the London Club Estates west property line (Exhibit C). The proposed 16 -inch water arterial transmission main is not identified on the City's 1997 Water Distribution System Master Plan. The City's Consultant, LNV Engineering, conducted a hydraulic modeling analysis on the 16 -inch arterial transmission main and based on the analysis, the resulting flows attained approximately 896.11 gpm at 20 psi residual pressure at the end of the water line. The City Water Distribution Standards require a minimum of 750 gpm at 20 psi residual pressure for this land use. The developer submitted an Arterial Transmission and Grid Main Construction and Reimbursement Agreement (Exhibit G) and supporting documentation entation in compliance with provisions of the Platting Ordinance. The Application for the Water Line Reimbursement and supporting cost documentation is attached (Exhibit D). The Developer's engineer received three bids on the project (Exhibit F, pg 2). The total construction cost submitted by the low bidder for the installation of 4,961 linear feet of 16 -inch PVC arterial transmission main is $ 378 287.85 (Exhibit F, pg 1). The developer submitted an Application for Water Line Credit (see Exhibit E), which allows the Developer to deduct the water acreage fee from the reimbursement and receive a credit for the water acreage fee that is applied to the water acreage fees during final plat recordation. The water acreage fee is subtracted from the construction cost. Reimbursement to the Developer is $295,268.97. Actual reimbursement is the construction cost less the acreage fee credit ($378,287.85-$83,018.88=$295,268.97). Reimbursement would be payable upon completion and acceptance of the water grid main work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $295,268.97. Exhibit Page 1 of 1 FM 763 CR 51 Pawpaw/ by Base et Welsh Engineering 3054 So. Alameda St_ Corpus Christi. Tx. 78404 (3 61) 882 -5521 (phone) (3 61) 882 -1265 (fax) WV \ \ AL 11■I_ Nab- - i [ExhibitB w ' - J Page 1 of 1 Job N' 06057 Scales: 1 "ia00' Dates 8/1 7/07 Ororwi No 6057(A Plated•• Sheet 1 of 1 I 1 i■ ■ ■ii..iii f ii..fi1usi■iiui J Li IRIUI■UUiU nUR U■ ■uiiii.■ ill ■I■■I#IIIU■U ••I■BBIUUIIU■UUU Exhibit C Iv Bass at ash Engineering 3054 So. Alameda St Corpus Christi, Tx. 78404 (361) 882 -5521 (phone) (361) 882 -1 265 (fax) APPLICATION FOR WATERLINE REIMBURSEMENT 1, _Mr Ms. Billy & Robbie Sanders - - -, owner and developer proposed jgdonCIubEstates Subdivision, hereby request reimbursement of }997L_for the installation of the water arterial transmission main in conjunction with London Mg? Estates Subdivision, as provided for by City Ordinance No. 17092. Said 2952 8.97 is the construction cost, in lading 7.5% Engineering, in excess of the lot/acreage fee, as shown by the cost - uppo f' g docu = attached herewith. 11,/ , - Developer THE STATE OF TEXAS COUNTY OF NUECES Date Date This instrument was acknowledged before me on � -r?1 4_ ] L7 .200 7 by (3+ � i V` `!'�.�_ ` Texas Corporation, on behalf of the said corporation. Notary Public in and for Nueces County, Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined 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, Development Services Engineer 9//3A Date C CE hi i D - - -- Page 1 of 1 APPLICATION FOR WATER LINE CREDIT I'We, Mr. & Ms. Billy & Robbie Sanders, owner and developer of proposed London Club Estates Subdivision, hereby apply for $83,018.88 towards the water lot acreage fee for the arterial main extension installed in conjunction with London Club Estates Subdivision as provided for by City Ordinance No. 17092. $378,287.85 is the construction cost, including 7V2% Engineering, as shown by the cost of supporting documents attached herewith. q-J'7 -07 07 Mr. Bil riZe Ms. Robbie Sanders STATE OF TEXAS COUNTY OF N TEC S 4 This instrument was acknowledged before me on Date / 2006, by 54.frieirs, 11,. ---sa-tvt, n officer of a Texas Political Subdivision on behalf of the said political subdivision.. CERTIFICATION Notary Public in and for the State of Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement of $ is herewith pP roved. \, t/A-14-1/4-L Development S rvices Engineer 06057 Appl Water Line Credit 9_1i3_,A7 Date ITEMr _ DESCRIPTION WATER IMPROVEMENTS COST ESTIMATE WATER ARTERIAL TRANSMISSION MAIN LONDON LU ESTATES QUANTITY UNIT UNIT PRICE AMOUNT 16" WATERLINE 12" WATERLINE 1 "12" TEE 16"X16" TEE 5. 17 BUTTERFLY VALVE 6. 12" GATE VALVE 16" PLUG AND RISER 12 " PLUG and RISER 36" STEEL CASING FIRE HYDRANT ASSEMBLY 3" CONNECTION LF LF EA EA EA EA EA EA LF EA EA $43.00 $ $42.00 $2,000.00 $2,500.00 $2,800.00 $2,200.00 $500.00 $400.00 $450.00 $3,500.00 $0.00 237,648.00 1050.00 12,000.00 2,500.00 22,400.00 13,200.00 1,500.00 2,400.00 45,000.00 3,500.00 0.00 -� 341,198.00 25, 589.85 1,500.00 10,000.00 SUB-TOTAL 7.6% ENGII EEf IN OFF -SITE TOPOGRAPHY LAND (EASEMENT) ACQUISITION TOTAL CONSTRUCTION COSTS 378,287.85 LESS LOTIARAE FEE CREDIT $83,018.88 TOTAL REIMBURSEMENT $ 298,288.87 --e- Pace 2 1 rr 0 Pr C 0 e 11, t 0 3 ttru es. ego E) pm; I 03 A c'S E 1.c.! in c o GIN o d` g I 0 8 12" PLUG AND RISER 0 0 o 0 E 0. E 0) o UJ W a ill C eL f0 nix W 0 ca E 03 0 1- Co 0 c D c fot 2 di o I (A 3 1 # I c C TOTAL PRICE 0 0 co- g S 0 0 11:1 c„ EINEM E1113 61E1E1E1 MEM 8 0 co S r, 8 co C) 8 O S co m 6, 8 8 6, d w V 1- z TOTAL PRICE S m 8 0D � 1 la 8 8 co 8 8 0 8 co 8 0 Nr- 8 4 � fa 0 0 8 8 8 S 8 8 8 co f# 8 8 8 111 LIME MEMEMBEIMEI6 Ef UNIT PRICE TOTAL PRICE 1- 0 uj 0 a. 1— z DESCRIPTION 8 06 f 8 1) 4 c1 are 1 co 8 V, 16" WATERLIN 0 8 S N 12" WATERLINE S 8 ceT co S w 1- x 8 8 (4. S 0 c i 8 8 8 fa cl 8 8 0 OD O 41 6, 8 8 6, 8 6, 8 a fa 0 8 r. 6, tri co 6, 0 6, 0 0 0 O 0 0 1 I co ac of Eft 8 6, 6, fa 0 • S 0 O 8 4 � LEIE.IEJEMIEEW 0 c' a g 8 8 8 tri i 8 cO S 16" BUTTERFLY VALVE 8 8 g c 0 CO O S d 0 S 0 0 S Lu co z 1 0 co 36" STEEL CASING z 0 uJ z z 0 s co 6, ENGINEERING COSTS 8 6, } 0 W H li 0 0 V 6, LAND BASEMENT ACQUISITION co aD O� ti O EA TOTAL CONSTRUCTION COSTS Exhibit F Page 2 of 2 PROJECT TITLE: ENGINEER: CONTACT: DATE: FIRE FLOW ANALYSIS Assumptions and Criteria London Club Estates Fire Flow Anal sis LNV Engineering Logan Burton September 5, 2007 1. The fire flow analysis was performed using the City of Corpus Christi's calibrated water distribution model. The software used is produced by MWH Soft and is called H20Map Water. 2. The calculations were performed during a peak time period a.m. under updated and revised 2005 maximum day demands (MDD). 3. Static demands at the proposed development = 100 • al ers n /da 4. Households densities at proposed development = .3.5 persons /house 5. Proposed lots at London Club Estates = 116 lots 6. Required Residual Pressure for fire fighting = 20 psi, 7. The The proposed 16 inch waterline ties into the existing 16 inch waterline at the London School and extends approximately 4,950 LF to the west along FM 43. The waterline crosses under FM 43 in two locations requiring 136 LF of 12 inch waterline each, resulting in approximately 1,060 LF of 16 inch south of FM 43 and 3,620 LF of 16 inch north of FM 43. RESULTS The proposed 16 inch waterline with two (2) 12 inch FM 43 crossings is sufficient to supply the proposed 116 lots at London Club Estates with the expected maximum daily demands and a fire flow of 750 gpm at 27.19 psi. The attached table also shows that the system's maximum fire fighting capacity while maintaining at least 20 psi is approximately 900 gpm. All of the subdivisions developing south of Oso Creek along Weber Road (FM 43) are fed by an 8 inch PVC waterline running along Chapman Ranch Road (SI-I 286). It should be noted that this waterline is the bottleneck in the system and will soon reach its maximum capacity. Eixhibit Date: Wednesday, September 05, 2007 • V617 P3 Mum NI ? , m F pu_ t .tr Peol ApinoD �.- ...... _- , 98Z iMHeleIS v0 RI Al Un00 fjf f / f G] f� f eToJdI1unoou'sPeodiry e - 0 7 C i C - C CO m LO-SO-60 931V193 BfllO NONO1 i 96ed ` f * I : ill 1 'SO Joquierides UP M :DWG 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 Billy W. Sanders and Robbie Sanders, 1 337 County Road 18, Corpus Christi, Texas 78415 (hereinafter "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, fled a plat to develop a tract of land of approximately 136.32 acres called London Club Estates, located on the north side of FM 43 and east of the intersection of FM 43 and FM 763, as shown in the attached Exhibit 1; WHEREAS, E S, under the Platting Ordinance, the Developer is responsible for construction of a 16 inch PVC arterial transmission main; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a 16-inch PVC arterial transmission main; WHEREAS, S, it is essential that the 16-inch PVC arterial transmission main be constructed along FM 43, in connection with London Club Estates for it will provide future service connections to the north, south, east, and west; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 16-inch PVC arterial transmission main needed for London Club 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 16 -inch PVC arterial transmission main, as shown in Exhibit 2, with the following basic design: (1) Install 4,951 linear feet of 16 -inch PVC Arterial Transmission Main. (2) Install 25 linear feet of 12 -inch PVC Arterial Transmission Main. 1 of Exhibit H rrpri (3) Install 6 {six} 16 -inch X 92 -inch Tees. (4) Install 1 (one) 16 -inch X 16 -inch Tees. {5} Install 8 (eight) 16 -inch Butterfly Valves. (6) Install 6 (six) 12 -inch Gate Valves. (7) Install 3 (three) 16 -inch Plug and Riser. (8) Install 6 (six) 12 -inch Plug and Riser. (9) Install 100 linear feet of 36-inch Steel Casing. (10) Install 1 (one) Fire Hydrant Assembly. The 16-inch PVC arterial transmission main will be constructed along the north side of FM 43 beginning at the existing 16 -inch water line previously installed by the London independent School District and extends west, along FM 43 for approximately 4,951 linear feet terminating at the London Club Estates west 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 Prior to construction of the 16 -inch PVC arterial transmission main, the Developer shall acquire and dedicate to the City the required utility easement or right-of-way for the installation of the 16-inch PVC arterial transmission 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 D C NTRACT FOR IMPROVEMENTS. Developer shall award a contract and include within the contract that the 16 -inch arterial transmission main shall be constructed in accordance with the approved plans and specifications and completed by September 30, 2008. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 2 of 6 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 10 calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the construction l lans and specifications to the City's Development Services Engineer Y 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 lot 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 September 30, 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 l� � any structure to be served by the project. 8. THIRD-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. g. PERFORMANCE II ANCE 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 erforman . performance bond 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 du ty of this agreement, t, the City shall give notice to Developer, at the address stated above, of the need to p erform such obligation or duty, and should Developer fail to perform the required obligation ton or duty 3 of within 1 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 Mali, 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 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 16-inch PVC arterial transmission 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. Said warranty will be assigned and transferred to the City upon completion of this project. 12. REIMBURSEMENT. SE11 ENT. a. The City will reimburse the Developer 100% of the cost of the 16-inch PVC arterial transmission main, upon satisfactory completion and testing in compliance with approved plans and specifications, and final acceptance not to exceed $295,268.97. See Cost Estimate attached hereto as Exhibit 3. b. After appropriation of funding by the City Council, the city agrees to reimburse the Developer on a monthly basis and upon invoicing for work performed. Such reimbursement shall be made no later than 3O days from the date of the invoice. Developer is to submit all required performance bonds and proof of required insurance in accordance with applicable laws. The city agrees to conduct periodic inspections and approve the progress of the work at key points during construction. 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 limitation workers compensation, personal injury or death, arising from or incident to this 16-inch PVC arterial transmission main construction. 14. This agreement is a covenant running with the land, London Club Estates, a subdivision in Nueces County, Texas, and shall be recorded in the official Public Records of Nueces County, Texas. 15. DISCLOSURE E 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. 4 of 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. EXECUTED IN DUPLICATE originals, this day of , 2007. ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa, City Secretary George K. Noe, City Manager APPROVED: ii-eL day of ,, ;. 2007 By: C t GryW Smith As sistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument ent vas acknowledged before me on , 2007, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas hone -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas 5 of DEVELOPER. Billy W. Sanders and Robbie Sanders 1 337 County Road 18 Corpus Christi, Texas 78415 By: THE STATE OF TEXAS COUNTY OF NUECES By: Robbie Sanders This instrument was acknowledged before me on 0 , 2007, by Billy W. Sanders. Notary Publi , State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Robbie Sanders. 'THY ANN CASSELS MY COMISSION COMMISSION EXPIRES April 3, 2011 04€2)/Je, Notary Pub , State of Texas 6 of 6 ;�,� b 2007, by FM 763 CR 51 Prwpaml by Bass & Welsh Engineering 3054 So. Alameda St. Carpus Christi, Tx. 78404 ( 1 ) 882882-5521 (phone) (361) 682-1265 (fax) age 1 Jab No: . ► 1.01400' Dater 5/17/07 Dras N 6OS7EXA scafa Sheet t of 1 CO. . 49 (11111111111•11111111111 0111111111111111111111101 IIMEINEIMINNONAI ' U Ii o U U U a U• i n U R U m• I l U I• a U• I I2xhibit Prepared ir: Welsh Engineanng 3054 So. Alameda St Corpus Christi, Tx. 78404 (3 61) 882-5521 (phone) 3$1 882 -1 265 (fax) i COST ESTIMATE WATER Eli ARTERIAL TRANSMISSION MAIN LONDON CLUB ESTATES ITEM DESCRIPTION WATER IMPROVEMENTS 16" WATERLINE 2. 12" WATERLINE 3. 4. 5. 6. • 9. 10. 16"X12" TEE 16"X16" TEE 16" BUTTERFLY VALVE 12" GATE VALVE 16" PLUG AND RISER 12" PLUG and RISER 36" STEEL CASING FIRE HYDRANT ASSEMBLY 3" CONNECTION QUAN 1 1TV MEM MIN 4,951 LF MEM LF 6 EA 1 EA 8 6 EA EA 3 EA 6 EA 100 1 0 ME= EA EA UNIT PRICE AMOUNT $48.00 $42.00 $2,000.00 $2,500.00 $2,800.00 $2,200.00 $500.00 $400.00 237 648.00 1,050.00 1 2,000.00 2,500.00 22, 400.00 13,200.00 1,500.00 2,400.00 $450.00 45,000.00 $3,500.00 3,500.00 $0.00 SUB -TOTAL 7.5% ENGINEERING OFF -SITE TOPOGRAPHY LAND EASEMEN ACQUISITION TOTAL CONSTRUCTION STRUCTION COSTS LESS LOT /ACRE FEE CREDIT TOTAL REIMBURSEMENT T 0.00 341,198.00 25, 889.85 1,500.00 10,000.00 378,287.85 $83,018.88 295, 268.97 Exhibit Pase 1 of 1 CITY OF CORPUS CHRISTI I 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: Billy & Robbie, Sanders STREET: 1337 County Road 18, CITY: Corpus Christi ZIP: 7841 FIRM IS: 01. Corporation 02. Partnership 03. Sole Owner D4. Association 08. 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 Of known) NONE NONE 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Title NONE NONE 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee NONE NONE 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 NONE Consultant NONE CERTIFICATE 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: Billy & Robbie, Sanders (Type or Print Signature of Certifying Person: Title: Developers/Owners Date: Exhibit 4 Page 1 of 2 AN ORDINANCE APPROPRIATING $295.268.97 FROM THE ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND NO. 540450-21$05 -4030 TO REIMBURSE BILLY W. SANDERS AND ROBBIE SANDERS FOR THE INSTALLATION OF 4,951 LINEAR FEET OF 16-INCH PVC WATER ARTERIAL TRANSMISSION MAIN; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $295,268.97 is appropriated from the Arterial Transmission and Grid Main Trust Fund No. 540450 -21805 -4030 to reimburse Billy W. Sanders and Robbie Sanders, owners and developers of London Club Estates, for the installation of 4,951 linear feet of 16 -inch PVC water arterial transmission rain related to London club Estates, located north of FM 3 and east of the FM 43 and FM 763 intersection. 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 1 8th of September, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: September 12, 2007 r- r By: ., f ` r , 1111-L. a ` W. Smith Assistant City Attorney For City Attorney Henry Garrett Mayor H:ILE -DI 1shared‘ arySlagenda1 00719 -1 \O D- AppropLondonClubE tat s- ArtTrans ridMain.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: 1/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 Melody Cooper Larry Elizondo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon ILEG-DIFAShared‘GarySiagenda‘2007%-18\ORD-AppropLondonClubEstates-ArtTransGridMain.doc da 22. CITY COUNCIL AGENDA MEMORANDUM September 18, 2007 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to authorize the purchase, implementation, and first year maintenance of $37,71 o from SunGard H.T.E Inc. of Lake Mary, Florida for the Planning and Zoning modules and G.I.S. Looking Glass modules in an amount not to exceed $207,665.00 based on sole source. These modules will provide automated tracking and management of planning, zoning, and special services projects by the Development Services Center. B. Motion authorizing the City Manager or his designee to authorize the purchase of licenses, consulting services, and first year maintenance of $1,499.25 from Vista Solutions Group Inc. of Round Rock, Texas to implement integration of the Visiflow Imaging system to the SunGard H.T.E Planning and Zoning module in an amount not to exceed $67,895.00 based on sole source. This will allow Development Services Center to capture and store images related to planning, zoning, and special services projects. ISSUE: This project addresses the Development Services Department's key business area for Planning, Zoning, and Special Ser rices. It provides technology tools to better serve our customers. As one ofthe top directives from the IT Steering Committee in achieving key customer expectations, the solution expands upon existing systems by adding another module in the suite ofHTE Systems. As a sole source acquisition, this solution avoids more costly custom interfacing services. BACKGROUND: Development Services contracted with consulting firm Horizon Centre, Inc. to conduct a performance improvement study for the Development Review System in June, 2006. This project is the result of the consultant's recommendations to achieve improvements in Development Services process workflow. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: On June 2006, City Council approved improvement study for Development Services. FUNDING: The total cost of$ 1 4,769.25 will be funded from the MIS Department Fiscal Year 2007- 2008 budget. Continued annual maintenance will be requested during the budget process. CONCLUSION AND RECOMMENDATION: ENDATION: Staffrecontnends approval ofthe motion as presented. Ogilvie P. Gericke Director of MIS S Attachments: Exhibit A: Supplement to I.T.E. Inc. Software License and Service Agreement Exhibit B: Vista Solutions Group Agreement for Software & Services SUNGARDPUBLIC SECTOR HTE SUPPLEMENT TO Q.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN SUNGARD ATE INC AND CITY OF CORPUS CHRISTI, TX SCHEDULE A- PRICING AND PAYMENT SCHEDULE CONTRACT N. CORP-071063 This Supplement is to the H.T.E., Inc. Software License and Services Agreement dated March 26, 2002 (Agreement), between Sun Gard HTE Inc. T and Cfty of Corpus Christi, TX (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. Designated Mane Use of ,the Licensed Program(s) i prodded this Supplant on platforms other specified below, without written passion from HTE, may be subject to an upgrade charge. T pe Model: Serial Number operating System: 'Sun and HTE Licensed Programs Plannin & Engineering PZ QRc CataloL P -CJ Click2 Gov PZ Module - K7 No. Days of License Fees Training 66 950.00 10 1=a0M11 Commur ityDev 1rna ins Interface - IL Recovei Testing Service - RTS Additional Training Da C2G Test Server Licenses 11 975.00 C2G Cope Module Embedded (2 - K1 C2G CIS Module - K2 C2G BP Module - IC3 C2G OL Module - I C2G Wireless Build rt inspectio ns - KB 1 075 . PZ Module K7 2,857.00 1,703.00 2,1 50.00 3 15.00 Tape Drive: Training Fees 12 000.00 Installation Recovery Annual Fees Testis Fes Su F art $ 13 390.00 a _ 300.00 - 1 800.00 11.1. 4 580.00 30_00 1,200.00 c2a CE Module - KO OnePoint Core -KL Discount Additional 3rd coaxer - ecover I cou at Gard HTE Licensed Pro ram Totals 105 65.00 16 19 200.00 3 000.00 $ 610.00 - 1,286.00 681.011 286.00 430.00 138.00 16 19,200.00 $ 3 000.00 3,000.00 25 20.00 No. Days of Training Annual Third_ arty AApiications License Trainin Fee. Su , . , rt LGviewerQ9 woticstations 5 27,300.00 6 7,200.00 $ 5,740.00 L addtcss for Land (3 workstations) - L,C 19 800.00 O 7,200_x00 160.00 I Comm n ty Maintenance - LL 000.00 - - 1 1 1 890.00 iyblyd Party 1aellrations Total - *_ -- $ 56,100.00 16 $ 19,280 $ 11 790.00 'Payment Schedule* /License Fees Traininjcos Installation Fees Pro Management Annual 5uE Third Part c nse Fees Third Part Trainin Fr s - 19,200.00 Third Par A►nncal Support 11,790.00 Due Upon Total Contract Contract Exeution $ 105,365.00 $ 105 65.00 100 Due As Incurred/ Delivered 5 19,200.00 3,000.00 3 000.00 4 800.00 4.800.00 25 920.00 Due As Otherwise Noted 56,100.00 56,100.00 'Grand Total 19,200.00 25 920.00 11,790.00 s 245 75.00 5 166,265.00 41,400.00 1 37 710.00 Sun Gard HIE Schedule A Vcr 03/23/05 Exhibit A CORP-071063 un rd HTE Sch A.doc 1 of 3 9/6/2007 APPLICABLE 'TAMES ARE NOT INCLUDED IN THIS SCHEDULE, AND, I ' APPLICABLE, WILL BE ADDED TO THE AMOUNT IN PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER. *Paynn: THE AMOUNTS NOTED ABOVE SHALL BE PAYABLE AS FOLLOW": Upon execution of this Supplement. On invoice, as incurred. On invoice; upon completion. Upon execution of this Supplement. Prior to the commencement of the initial term of support. Support fees for subsequent terms of support will be due prior to the start of that term at the then pulling rate. Rates for subsequent years of support service are subject to change. Upon execution of this Supplement On invoice, as incurred. Prior to the commencement of the initial term of support. Support fees for subsequent terms of support will be due prior to the start of that teen at the then prevailing rate. Rates for subsequent years of support service are subject to cage. Travel and living expenses are in additi Scheduled Resource Changes Customs acknowledges that HTE makes every effort to schedule training and project management sessions sufficiently in advance to make effective use of HT 's personnel and to obtain favorable prices for travel and living. Accordingly, the following cancellation charges apply to training and on -site project management sessions canceled at the request of Customer: Cancellation within seven (7) days of start date, Customer pays fifty percent (50%) of the total price for the traini EXHIBIT A Looking Glass /GIS questions The City of Corpus Christi is currently using the H.T.E system for community development. We are evaluating the Looking Glass product for use with the H.T.E Community development suite. 1 1. Will LG provide the ability to view the following H.T.E data spatially: Land atibutes Planning and zoning projects, Building pests, and Code enforcement cases? Yes- LO viewer will create GIS layers _ of these modules and will give end -users the ability to search for these layers by spatial selections 2. If yes to 1: is their any time delay in viewing the data added or modified in H.T.E via LG? Not if the client is leveraging the data in an SDE environment. If the data resides in a .shp file format then new locations will be added to the shape file automatically once a day. If the information about a successfully geocoded existing H.T.E. location changes and the LG application is configured to use a relate to a logical view, then the LG users will see the change the next time they query that layer. 3. Can the end user create adhoc queries from the H.T.E and view the tabular data and spatially? Also, can standard queries be setup for an end user to run entering defined parameters, then view the data spatially and in a tabular form? The LGadmin portion of the application is where the queries are built. We refer to these queries as pre defined searches, the administrator can build these queries very easily for the end users. Once the search is completed by the en -user- the data shows up in the interface both spatially and in tabular format. The end -user also has the ability to run user defined spatial queries against any layer loaded in the application. 4. Can a map for a selected area be created and saved to a jpeg or pdf format? The map view can be exported into the following formats which could then be incorporated into a PDF format- jpg, png, gif, bmp, tiff, wmf 5. Can the end user access the various GIS layers in ESRI (water lines, sewer, gas etc) via LG Viewer and LG WEB, without having to switch to another GIS tool? Yes LG fewer and LG web can load GIS layers independently of other GIS tools Yes, all of the GIS layers available through ESRI can be accessed through the LG Web and LG Viewer, and the access is seamless. 6. Can the projects in the planning and zoning module be linked to a specific site address? For example, if there are 5 buildings on a parcel (each with an assigned site address and location ID), the project must be linked to a specific address or location ID and the building or symbol be viewable on the map. Yes, as long as there is a link between the map locations and the PZ locations then they can be linked to a specific GIS layer 7. If there is no address listed for a project can the project be linked to a parcel number (Tax ID)? Yes, LG can link by Address, LocID or PINT number (Tax ID) if both the project and the GIS layer have the corresponding numbers to make the link. 8. Is it possible to display multiple project types and project status in a color code or similar fashion? Can this be displayed for a certain geographic area, location or parcel? Yes, LO can use value rendering found in ArcGIS. In the ArcGIS Server platform, you can leverage all of he functionality of the .mxd files for map generation 9. is i area on a map • Select areas to locate Planning & Engineering projects • Inspect Toed evaluations with the map and re- assign inspections as needed • LG Address and Geo Manager About LCaddrese LGaddress is perhaps the most powerful LG product on the market. LGaddress is a Bi- directional Geographic Information System (CIS) software application that allows spatial management and update of SunGard I-ITE's LX database through an easy to use GIS Interface. LGaddress allows the user to maintain a one-to -one relationship between the LX database and an address point GIS layer. This in turn allows a user to display accurately all data maintained inside all of the HTE databases. Users can manage their address point file with ease. Geomanager- please see the attached doa rent • LG Viewer About LGviewer LGviewer is a powerful GIS viewer that allows an organization to easily query and analyze GIS data in conjunction with HTE land based data. L.Gvie per was developed over time with insight gained from visiting over 400 local governments and utilities nationwide. These organizations needed a tool set that was focused on their specific needs that was able to leverage their existing iT investments HTE. The tool had to be easy -to -use yet powerful. Many organizations had GIS tools that had too much functionality and thus the end user never used the tools. LGviewer is perfectly scaled and designed for the end user. Leviewer provides a set of GIS tools in a simple to use desktop application_ These tools include: • Direct relates to HTE LM/LX database • Scale printing to multiple page sizes • Customizable queries and map tips • Multiple map interfaces • Smart intersection finder • View save and load functions • Centralized administration and control • Multiple ortho-image layer support • Select features spatially or by a stored query • LG web About LGweb Online mapping is becoming more and more popular. LG web is a dynamic Active X Intranet application that distributes IS data to users In an easy -to -use, yet powerful web interface. This web interface gives the users the ability to quickly query both spatial (map) and attribute data with a few simple clicks. Along with the standard CIS functionality, LGweb also contains a sophisticated toolset which includes: • Advanced querying capabilities (spatial selection tools, map tips. custom queries, relational queries) ▪ Scale printing • Reporting capabilities using Crystal Reports • Navigational is • Spatial analysis - buffering LGweb also contains a robust administration tool which offers extensive functionality including, but not limited to: • Map tip and query creation • Report creation and customization • Defining related datasets 11. What is difference between Looking Glass Web vs. Looking Glass Viewer? In the ArcGIS Server environment there is no difference, they are the same product. In the Map Objects environment there are some differences. it is understood that this implementation would be in the ArcGIS server environment. LGWeb • LGweb is designed to enable more than 30 users with Looking Glass capability. • LGweb uses concurrent licensing model controlled by the LGweb admix' machines. • LOweb does not perform bi- directional updates to Sun Gard HTE databases. Lviwer • The L xvi 1 , When a parcel number (Tax ID) or address is inactivated (retired), is it possible to list the history in Looking Glass/GIS? Cut rently, users ate unable to view any location history changes in GIS. Only active location records are being displayed in GIS. Area Selection on map 19. when selecting an area to generate project letters; Is it possible to "select or cut" a portion of a parcel resulting in an area feature in which a buffer can be created around the selected or cut piece? The application can only select a feature or features to run a buffer from, not portions of the features 20. Can Land Parcel/Management statistics for each portion of a parcel that lies within the buffer be generated' Not currently Condominiums 21. If there is multiple property owners listed for a parcel (Example: ten story condominium within buffer), will the system include all the condo owners for the project? The search will show the attribute information of locations in the search, if the property owner data is in the GIB layer, then the result will reflect those attributes. 22. Currently for condominiums the tax ids are assigned to the parcel, there is a delay in assigning to the individual condos. How does LG handle project letter mail outs to each condo owner? The information for the condo owner must first be accessible by LG- once this information is available, LG can be configured to use a report to generate letter mail outs or the LGviewer Community unity Maintenance module can be used for mass mail outs. 23. Can the LX attributes data be exported to Microsoft Excel from LO products? Yes- LG can export our to MSexcel or MSaccess ep uo u r rp v 1 Sitabla 1 eebi itsue v sTA TI RO GRE MENT vvrw & SERUMS This faster Agreement, effective as of Via Sion Group '1i and t - �� , 2007, � entered into by and between e City of Corpus Chas (the "Customer) with the address vpard Street,Corpus Christi, Tee 78681. 1st �� and Customer hereby of agree as follows: This "rerrxsrft" consists of the General Terms and designated sues initials Conditions, hose tchent feted below which all itial the "Attachmen " , all schedules referenced herein or attachments aced hereto. or beta. All references to " therein, and page, ��l Terms an Conditions and all rrrnent" a�� include t signature indicated below. t future such Attachments, schedules and o�ctbits which ere orders from Customer or any of its Affiliates to Vi t SG shall governed by terms and conditions referenced herein, shelf become eece upon acceptance by an authorized t plo and shll upon acceptance be deemed part of this Agreement. Attachments General Terms and Conditions Software Support Attachment Software Sublicense Agreement Project Scope Coat Proposal Customer's Initials This Agreement constitutes the entire agreement between the parties on the subject hereof and uperdes all prior or ion ternporaneous egrcerr ents, notations, representations and proposals, written or aril. This Agreement does not operate as an p �, conditions and shall prevail o� any conflicting � acceptance of conflicting term of Customer. This A ct provision of any purchase order other instrument writing gre r ent may only be emended, modified, supplemented, or deviated executed by en authorized VistaSG employee and Custo from e by a Customer acknowledges that has reviewed � F + Customer. � e�cct�ttr� this Agreement, mowed the terra amid conditions incorporated into this Agreement and agrees to be legally bound by the ate. Accepted and Approved by: CITY OF CORPUS CHRISTI 8igned: Printed Name: This: Dale: • Approved .� .off as LOA- Lisa Ague ar Assistant City Attrney For City Attorney 1 Accepted and Approved by: VISTA SOLUTIONS GROUP, INC. Title: President Date: Exhibit General Terrns and Conditions t General. These General Terms and Conditions are intended to provide for terms that are common to the Software Support Attachment, the Professional Services Attachment, and any other attachments and schedules which incorporate these terms and conditions. Accordingly, i The DISCLAIMER F WARRANTIES ANTIES and LIMITATION OF LIABILITY set forth above produce specific legal rights. Customer may have other rights which vary from state to state. Some states have laws which require warranty and liability rights different from those set forth in this Agreement. 5. Payment Terms. Unless otherwise expressly set forth in an Attachment executed by both parties, all amounts shall be paid within thirty (30) days of receipt of invoice. VistaSG may charge interest on overdue accounts and any other fees and expenses not paid as provided hereunder at the rate of TWO PERCENT (2%) per month, commenced the date payment was due, or maximum allowed by Texas law against municipalities, whichever is less. 6. Termination. Notwithstanding any other term or condition of this Agreement, VistaSG shall have the right to terminate this Agreement upon the occurrence of any of the following events, and any such events are not remedied to the reasonable satisfaction of VistaSG within twenty (20) days after VistaSG has sent written notice to Customer thereof: (A) Customer fails to perform or observe any of its obligations to VistaSG under this Agreement, including, but not limited to, the timely payment of any sums due VistaSG, (B) Customer admits in writing its inability to pay its debts generally as they become due, or executes an assignment or similar document for the benefit of creditors, (C) the appointment of a receiver, trustee in bankruptcy or similar officer for the equity or assets of Customer, and (0) there is an assignment of this Agreement without the prior written consent of VistaSG; (E) Customer informs VistaSG of its intent not to comply with the terms of this Agreement. Notwithstanding any other term or condition of this Agreement, Customer shall have the right to terminate this Agreement upon the occurrence of any of the following events, and any such events are not remedied to the reasonable satisfaction of Customer within twenty (20) days after Customer has sent notice to VistaSG thereof: (A) VistaSG fails to perform or observe any of its obligations to Customer under this Agreement; (B) VistaSG admits in writing its inability to perform its obligations under this Agreement as they become due; (C) the appointment of a receiver, trustee in bankruptcy or similar officer for the equity or assets of VistaSG; (D) there is an assignment of this Agreement without the prior written consent of Customer; and (E) VistaSG informs Customer of its intent not to comply with the terms of this Agreement. Customer shall have the right to terminate this Agreement with or without cause upon 30 days prior written notice to VIstaSG. 7. Confidential Information. Certain information, product development plans, methods, techniques, drawings, processes, or portions thereof supplied by one party (the "Disclosing Party") are trade secrets and Confidential Information "confidential Information") of the Disclosing Party. The Software and the documentation thereof, are the Confidential Information of VistaSG or its suppliers and are furnished solely to assist Customer in the use of the Software. Confidential Information includes any non - public information that is of value to the Disclosing Party or is otherwise treated as confidential and which is disclosed to the other party (the "Receiving Party"). To the extent permitted under the Texas Public Information Act, the Receiving Party agrees to hold the Confidential Information disclosed by the Disclosing Party in strictest confidence and not to, directly or indirectly, copy, distribute, or otherwise disclose the Confidential Information to any third party. The Receiving Party shall not utilize the Confidential Information for any purpose whatsoever other than as expressly contemplated by this Agreement or any Attachment. This obligation shall continue for the term of the applicable Attachment and for a period of three years thereafter or such longer period of time as permitted by law. Should the City of Corpus Christi receive a request for VistaSG information, City of Corpus Christi will notify VistaSG of the request so that VistaSG may present its arguments for nondisclosure to the Office of the Attorney General for the State of Texas in accordance with the Texas Public Information Act, Tex. Gov't Code Chapter 552, as amended. 8. Miscellaneous. 3 • Neither party may assign any of its rights or obligations hereunder except with prior written consent of other party, and any attempted assignment shall be void. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. • All rights and remedies of the parties hereto are separate and cumulative. The waiver or failure of either party to exercise in any respect any right or remedy provided herein shall not be deemed a waiver of any further right or remedy hereunder. • Except for the obligation to make payments, nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the control and not caused by the negligence of the nonperforming party. • This Agreement shall be subject to, governed by, and construed in accordance with the laws of the state of Texas without regard to its rules governing conflicts of law and without regard to the United Nations Convention on Contracts for the International Sale of Goods. Customer consents and submits to the jurisdiction and venue of the County of Nueces in the State of Texas over any action, suit or other legal proceeding that may arise out of or in connection with this Agreement. • Notices hereunder shall be sent to the addressees on the face of this Agreement, or to such other addresses as specified by a notice complying herewith, and shall be deemed received upon actual receipt (or independent confirmation thereof). • Headings contained in this Agreement are for convenience only and are not part of this Agreement and do not in any way interpret, limit or amplify the scope, extent or intent of this Agreement or any of the provisiions hereof. 9. Insurance VistaSG has currently obtained the following insurance coverages. PRIMARY LIABILITY: Comprehensive General Liability insurance with limits not less than $1,000,000 per occurrence and $1,000,000 General Aggregate PROFESSIONAL AL LIABILITY: $1 ,000,000 of Professional Liability to cover errors or omissions. AUTO LIABILITY: Primary Automobile Liability with limits not Tess than $ 500,000 per occurrence covering owned and non -owned vehicles. EXCESS LIABILITY: Excess liability on an umbrella form excess of the primary liability policies, with limits not less than $2,000,000 each occurrence. WORKER'S ER'S C PEI ATI N: The Employers Liability limits are $1,000,000. TORS AND OMISSIONS: $1,000,000.00 limit for professional contractors INDEMNIFICATION: VistaSG must indemnify and hold City, its officers, employees or agents Indemnitee harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the performance of this Agreement; an act or omission, negligence or misconduct on the part of Consultant, or any of its agents, servants, contractors, or employees in performance of this Agreement. 4 Consultant agrees to indemnify and save harmless City, its agents, servants, and employees, "Indernnitees" , from any and all liabilities, losses, damages, or expenses, including attorney's fees resulting from the negligence or acts or omissions of Consultant, its employees, officers, agents or contractors, while in performance of this Agreement. Software Support Attachment This Software Support Attachment (hereinafter "Support Attachment") between VistaSG and Customer is an addendum to the Master Agreement between VistaSG and City of Corpus Christi. Customer agrees to the following terms and conditions which are incorporated in and made part of the Master Agreement. The parties acknowledge that the General Terms and Conditions contain provisions that govern the entire relationship between the parties. Accordingly, in the event of any conflict between the General Terms and Conditions and this Support Attachment, the General Terms and Conditions shall control and govern. Vista SG agrees to provide to Customer the "Support Services" described below for the Official Records software licensed to City of Corpus Christi (the "Covered Software"), in accordance with the following terms and conditions: 1. Software Support Services. A. Hours of Service Availability. Payment of the standard Support Fees (as defined in Section 5.A) entitles Customer to Support Services during the Principal Period of Maintenance (PPM). PPM is 8 hours a day, five days a week while this Support Attachment is in effect B. Scope of Service. VistaSG will provide Support Services during the PPM as long as the Covered Software is at the current or the next most current revision level and operated in accordance with VistaSG's published specifications. Support Services are (1) telephone support to help resolve software issues during the PPM; resolution may be delivered as a Software Maintenance Update (SMU), software bug fix module or workarounds; (2) commercially reasonable efforts to report and test fixes to defects in the Covered Software that materially and adversely affect the efficiency or use of the Covered Software as described in VistaSG's written specifications; software program fixes will be provided for the current release only; and delivery and installation of all software revisions provided by vendors that VistaSG deems necessary with respect to the Covered Software; and VistaSG will use its reasonable efforts to render Support Services within a reasonable time. C. Upgrades to Covered Software. During the PPM, VistaSG agrees to deliver to Customer without charge any upgrades containing error corrections or enhancements of the Covered Software ("Upgrades"). VistaSG may also offer to Customer new versions of the Covered Software which contain additional functionality, subject to an additional license fee. Support Services do include installation or implementation of any Upgrades. This would not include installation and training for newly purchased modules. D. Service Limitations. Support Services are contingent upon the proper use of the Covered Software in accordance with VistaSG's published specifications and do not include any of the following, in the sole discretion or determination of VistaSG: (1) service on Covered Software installed in unsafe or hazardous environments; service required by accident, neglect, alterations, improper use, or misuse of the Covered Software, or as necessitated by service or modifications attempted by non - VistaSG personnel; service to a version other than the current or the next most current version of the Covered Software; (4) efforts to restore the software version and /or data beyond the most recent back -up; (5) service related to software (or components thereof) other than the Covered Software; (6) service related to unqualified products, either hardware or software, that are attached or 5 installed in or to the Covered Software that have not been previously approved by VistaSG; service due to problems that are not directly caused by, or the direct result of the Covered Software, including failure of hardware or failure of Customer's operating system; or service due to problems attributable to third party hardware and /or software. E. Notwithstanding anything to the contrary contained in this Support Attachment, during the PPM, VistaSG shall use commercially reasonable efforts to respond to problems in accordance with the "Priority Codes" set forth below. The Priority Codes below depict the priority level to be assigned by VistaSG to each issue or problem phoned in by Customer. "A Priority' — A Software error renders the Software inoperable. Resources assigned within two (2) hours after notice during PPM. Priority' -- A Software error is detected for a system module which seriously impairs system operations, but does not render it inoperable. Resources assigned within four (4) hours after notice during PPM. "C Priority" — Minor problems which VistaSG does not plan to address in a future software release, to be generally resolved during PPM within 30 days. "D Priority' — Minor problems which VistaSG plans, or will plan to incorporate into a future software release, to be resolved in connection with the general commercial availability of such future software release. 2. Customer's Responsibilities. Customer shall provide reasonable assistance to VistaSG in the performance of Support Services, including without limitation, providing VistaSG copies of all data and other files reasonably required to verify, reproduce, diagnose and resolve reported problems. Customer is responsible for maintenance and installation of any common carrier equipment or communication services related to or used by the Covered Software and not furnished by VistaSO, including without limitation, the necessary modem and remote access software reasonably specified by VistaSG for the purposes of providing remote access to VistaSG. Customer is responsible for charges incurred for communication facilities from Customer's facilities, whether incurred by Customer or by VistaSG's service representatives while performing service on the Covered Software. Customer is responsible for performing all system software backups and restoration of data. Customer is responsible for upgrading Customer's operating environment in the event that failure to do so affects the performance of the Software. Customer shall notify VistaSG of any Covered Software failure and shall allow VistaSG full and free access to the Covered Software for performing Support Services. Customer agrees that VistaSG shall have all rights and licenses of third parties necessary or appropriate for VistaSG to access the hardware and third party software in the performance of the Support Services. VistaSG shall not be responsible for loss of use arising from Customer's failure to fulfill its obligations under this Section. 3. Alterations, Additions or Modifications. VistaSG will not be responsible to Customer for loss of use of the Covered Software or for any other liabilities arising from alterations, additions or modifications which are made to the Covered Software by other than authorized service representatives of VistaSG. If in the opinion of VistaSG, any such alteration, addition or modification adversely affects VistaSG's ability to render Support Services, VistaSG reserves the right to terminate this Support Attachment immediately upon written notice to Customer. 4. Term and Applicability to Other Attachments with VistaSG. If this Support Attachment first goes into effect at any time other than its initial purchase, the initial term shall commence on the date of acceptance of VisIFL 11 Software. The term of service for upgrades and other software added as Covered Software shall be coterminous with the term of service applicable to the Covered Software initially covered. After the initial term, Support Services shall be automatically renewed for successive one 1 year periods unless either party notifies the other on or before ninety days prior to the end of the then existing term. 6 5. Support Fees A. Definition. "Support Fees" are the total annual charges designated as such on Schedule A during the initial term. After the initial term and upon thirty days written notice, VistaSG may change the Support Fees to its standard support fees then in effect. If the Support Fees are increased, Customer may terminate service as of the effective date of such increase, upon thirty (30) days advance written notice to VistaSG. B. If Customer does not terminate service as just stipulated, the new Support Fees shall become effective on the date specified in the notice. C. Invoices. Support Fees shall first come due upon the commencement of the initial term as provided in Section 4 above. Support Fees for renewal terms shall be payable annually in U.S. Dollars, in advance on or before the anniversary of the Software Support Agreement of each year. One -tune charges will be invoiced by VistaSG as incurred. Partial year invoicing will be prorated on the basis of twelve thirty -day (30-day) months. Customer shall pay each Support Fee and all other invoice charges in full within thirty days of the applicable invoice date. D. Default. Customer shall be deemed to have defaulted in payment if it has not paid VistaSG all amounts due within thirty days after receipt of each applicable invoice. Customer's failure to pay any charges when due shall also constitute sufficient cause for VistaSG to suspend or terminate Support Services under this Agreement. 7 Professional Services Attachment This Professional Services Attachment, between VistaSG and Customer is an addendum to the Master Agreement between VistaSG and Customer Customer agrees to the following terms and conditions which are incorporated in and made a part of the Master Agreement. The parties acknowledge that the General Terms and Conditions contain provisions that govern the entire relationship between the parties. Accordingly, in the event of any conflict between the General Terms and Conditions and this Services Attachment, the General Terms and Conditions shall control and govern. f . Services A. Prior to commencing any Services, the Customer and VistaSG must agree to and execute a Statement of Work. Each time Customer desires to engage VistaSG to provide additional Professional Services to Customer, the parties will enter into another mutually agreed upon Statement of Work which is incorporated into the initial Statement of Work. The Statement of Work (as amended or supplemented from time to time) will at a minimum: (1) describe the specific Professional Services that VistaSG is to provide to Customer under that engagement, (ii) set forth the fees that Customer agrees to pay for those Professional Services and the manner in which Customer agrees to pay those fees, (iii) set forth the time frame for performance of those Professional Services, and (iv) incorporate by reference the terms and conditions of this Services Attachment (which terms and conditions are hereby deemed incorporated notwithstanding the parties' failure to do so. B. Hours of Service: The VistaSG consultant will perform Professional Services during the hours of 8:00 am and 5:00 pm., local time, Monday through Friday, excluding VistaSG holidays, or at such other hours as the parties may mutually agree to. C. Should a VistaSG consultant be unable to perform the Professional Services under this Services Attachment because of illness, resignation or other causes beyond VistaSG's control, VistaSG will attempt to replace such consultant within a reasonable time, but VistaSG shall not be liable for failure to replace such consultant within the schedule. D. Customer shall furnish VistaSG, at Customer's expense, all technical data and information as may be determined by VistaSG to be necessary for the performance of the Professional Services. Customer shall grant VistaSG access to any software or hardware at such times and as so configured as may be required for the adequate performance of the Professional Services. Customer agrees that Vista5G shall have all rights and licenses of third parties necessary or appropriate for VistaSG to access any hardware and software in the performance of the Professional Services. Customer further agrees to indemnify VistaSG for any claim by a third party that VistaSG's use of such third party hardware or software infringes upon such third party's proprietary rights. 2. Charges. Customer agrees to pay fees for the Services as provided on the fully executed Statement of Work. The Services are provided on a time and materials basis meaning that Customer shall pay VistaSG for all time spent performing the Services, plus materials, taxes and expenses. Any estimate related to the Services are intended to be an estimate for budgetary and scheduling purposes only and does not include expenses or taxes. Fixed bid services are exempt from the above terms. All charges and rates are exclusive of all sales, use and like taxes. Such taxes are the responsibility of Customer and, if incurred by VistaSG on Customer's behalf, will be billed to Customer as a separate line item on each invoice. 3, Control and Supervision. It is the express intention of the parties that VistaSG including, but not limited to, its employees and representatives) is an independent contractor and not an employee, agent, or partner of Customer. Nothing in this Agreement shall be interpreted as creating the relationship of employer and employee between VistaSG and Customer. 8 4. Ownership of Work Product. VistaSG shall retain all copyrights, patent rights and other intellectual property rights to all material created for Customer under this Services Attachment, including, but not limited to, software and documentation (collectively referred to as "Work Product"). VistaSG, subject to the payment by Customer of all charges related to the Professional Services, grants to Customer a personal, non-exclusive, nn- transferable and royalty free license to use such Work Product furnished to Customer by VistaSG under this Services Attachment. All other software and related documentation furnished to Customer by VistaSG shall be subject to the Agreement. Except and to the extent expressly provided in this Paragraph, no license or other right is hereby transferred or granted to Customer, including any license by implication, estoppels or otherwise, under any patent, trade secret, trademark, and copyright or other intellectual property right. 5. VistaSG Personnel. The parties recognize that VistaSG (and its employees and representatives) may perform services similar to the Professional Services from time to time for other parties. Accordingly, nothing in this Services Attachment (or the Agreement) shall prevent VistaSG from performing such similar services or restrict lstaSO's use of the same employee (s) and representative(s) provided to Customer. VistaSG reserves the sole right to determine each assignment of VistaSG personnel under this Agreement or otherwise. Customer acknowledges and agrees that VistaSG employees are a valuable asset and difficult to replace. Accordingly, Customer agrees that, for a period of one year after the completion of the Services, it will not offer employment to any VistaSG employee involved in the provision of the Services. 6. Term. This Services Attachment shall become effective on the date of acceptance by VistaSG and shall remain in force until terminated with thirty days prior written notice. Completion of any Services, any ordered Services or the absence of orders for Services shall not terminate this Services Attachment, it being the intent of the parties to keep this Services Attachment in effect in the event of future orders for Services. Summary of Repairs, Mintenane & Support Maintenance — All VisiFLOW software sold comes with a 90-day warranty effective from the customer acceptance date or "go-live" date. A software maintenance program is available that provides for software version updates, software "bug fixes ", and evaluation of VisiFLOW system problems with the existing computing environment of the customer. See the support discussion below for description of response times to prioritization of reported problems. pit, — Submit detailed em ails including information listed below to supp rtei istasg.c m. Examples of the issues will aid in expediting a resolution. The local Austin Helpline is available to accept telephone calls from 8 am to pm (CST), Monday through Friday. The telephone number for the Helpline is 512 - 26 -1821. When contacting the Helpline, please identify the following items: 1. Location and Name 2. Caller Name and Email Address 3. Name/ Department of User Having Problem 4. Telephone Number 5. Category i.e., Scanning, etc.) 6. Priority i.e., High, Routine, Low, FYI) T Description of Problem 8. VisiFLII Version 9. Number of users affected 10. Steps to recreate issue 11. Custom programs used 12. Screen Shots email or file attachments 9 The Austin -based Customer Support Help line normally responds to phone support requests immediately and in the majority of cases resolves the problem reported within 30 minutes. However, if calls are received during hours when the Help line is not manned, the caller is requested to leave a voice mail and a Support Consultant will be paged to retrieve the message. This process can take more than 15 minutes due to variations in pager operating capability and Consultant availability. Our current response /resolution goals for customer service requests are summarized ed in the following table. "Response" means establishing contact with the customer and initiating the process that will lead to "Resolution ". Priority ssired Type of Problem /Request - - - Response Goal Resolution Goal Remarks 'I _ System is down, or major critical functionality is not operating . Immediate Within 15 minutes Within 30 minutes Within 1 hour Within 4 hours -- ' Within 3 days - -� 2 Non- critical but major functionality or - hardware is inoperative System feature or minor hardware is inati r - 3 Minor system feature or hardware is affected, but an effective work around is in place; or new functionality, feature, enhancement or system expansion is desired Within 4 hours Incorporate software changes in next software release, and make hardware changes within 3 months Note: Customers can report problems directly to the Help line via toll free telephone line, toll free fax line, direct web access and reporting, or e-mail. The Support Consultant who receives the call will gather information needed to analyze the problem, utilize troubleshooting measures to further define the cause of the problem and work with the customer to resolve the problem over the phone, if possible. In addition to telephone contact, the Consultant can utilize remote access capability to monitor or execute actions on the customer's system as though he /she were present on -site. If the Consultant does not resolve the problem quickly, he /she will refer the issue to the appropriate subject matter expert who will then either resolve the problem directly, or initiate appropriate actions to elevate the problem to the attention of the responsible manager. Responses to support requests vary from telephone help from a Support Consultant, to remote access assistance by a subject matter expert, to dispatch of a response team to the customer's location. Customer calls are all logged in our support database and distributed to appropriate person via e-mail. to Vista Solutions Grou •, Inc. Project Scope Attachment The implementation and project overview specifies requirements for software necessary to provide a document workflow system to be used by the City Planning and Zoning Departments to capture, convert, and route documents filed within this Department. This Statement of Work shall be a guide for the total project and identify requirements that must be achieved by both parties with an ending result of an enhancement of customer service, a reduction in risk, and an increased operational efficiency. This Statement of Work shall include specifications for software, maintenance, training, and project management necessary for implementation of the Vista Workflow System. VistaSG shall approach the implementation of our document management software product in a manner that shall allow for flexibility and success. The implementation shall be divided into four phases that allow for established deliverables and milestones for tracking progress and ensuring a successful implementation. There are several tasks involved in the successful implementation of the Vista Document Management System. VistaSG utilizes an implementation methodology that addresses each of these tasks. The following sections provide a more detailed explanation regarding the project phases, specific tasks, task dependencies and resource requirements. It is important that VistaSG perform some tasks in order to ensure success. These tasks are clearly identified in this document. You shall notice all tasks in Phases 1 and 11 are mandatory and are related to planning and defining tasks. These tasks allow us to prepare a detailed understanding of what is necessary to ensure a successful implementation. Item #1 Workflow and business analysis Conduct Workflow and Business Analysis The VistaSG Project Manager shall work full -time with key personnel from each of the City's departments during the Workflow Definition Workshops. It is recommended that a minimum of one person, representing each affected department within the City, participate in the workshops. The primary responsibility of the City representatives shall be to provide input into the City's requirements and business processes and make decisions regarding the ability of the Vista application to meet those requirements and adequately support the business process. These responsibilities are sometimes better met with more than one person, but that is at the discretion of the City. These tasks are mandatory. Business Area Definition VistaSG's Project Manager together with the customer have to create a new business process. First the customer has to decide which part of the business process and document flow shall be automated. To help this decision, VistaSG staff needs to clarify the following questions: • What business functions are to be covered with Vista Workflow and what is to remain manual or maintained by other systems? • Which types of documents are to be stored and processed with Vista Workflow and which are to be handled manually? • Who, and how, shall process the incoming documents? • How can the processing of incoming documents be made more efficient? • The difference between those documents that shall be processed with Vista Workflow and those that shall remain un- automated must be clear in the early stages of implementation. To make these decisions, incoming document flow must be examined. Reviewing whether the incoming documents have separate pages or not shall determine the efficiency of document processing and the number of people necessary to do it. For example, additional human resources shall be required if pages of incoming documents are stapled together and their order may not be broken, or if documents must be arranged in a certain order and stapled back together after they are scanned. 11 Vista Solutions Gr u . , Inc. New System Design on Paper When it is clear which documents shall be automated and which part of the business process converted to workflow, the automated ated workflow shall be designed. During this stage, VistaSG's Project Manager shall research that part of the current business process that shall be automated and create the diagram of the automated workflow on paper. The following questions shall help the design process: • What is the current paper flow - is there a flow chart available? • What operations are to be performed? • What other procedures apart from scan, index, and retrieve shall be performed? • What quality assurance must be performed? • What rules are to be invented for automated routing of documents? • What events can assist the business process? • How and by whom shall the workflow be monitored — who shall check workload, reassign tasks, etc? • How the system shall be maintained after it has gone into production? • How the system shall be administrated — who shall assign new users? Data Structure Definition The following questions must be answered during the meeting in order to learn the infrastructure of the city /county, as well as, from other vendors that VistaSG shall be interfacing with: • What documents ents are to be stored and retrieved and how are they called in the current system (i.e. transactions, filings, etc)? • What are the unique values in the current system? • How shall the documents enter the system? • How shall the documents be identified (indexed)? • What staff shall be involved? • What information shall be identified at the folder and document level? • What, if any, folder (cases) should be secured from public view? • What, if any, documents should be secured from public view? • What database server to use? • Where to store the image files? Following this discussion, it is decided how documents are grouped and the corresponding database architecture is chosen. When this is clear the test project shall be created with the appropriate database tables and fields and a test workflow shalt be designed, discussed and modified if necessary. 12 Vista Solutions Gr u •, In . User Security Level and Group Description Users are set up with a Security Level which controls access to Vista Workflow w and how much they shall do within an assigned workflow node. This security includes the ability to: Add, Modify, Delete, Retrieve, Edit and Hide. Additional security shall be identified during this process. Security levels and user group security shall be defined and implemented. Total Estimated Time for Item #1 14 lays Item #2 Interface to HTE Develop the custom interface executables to allow for HTE system functions to call the Document Management system (DMS) for 1. scanning documents, 2. viewing documents, 3. printing documents, and 4. deleting documents. We will utilizing our existing COM object functions available within the DMS API set. Total Estimated Time for Item #2 20 Days Item #3 Capture WORD documents from HTE Modify the existing CH2000 programs designed to capture WORD documents into the DMS that are currently utilized by the City of Corpus Christi Municipal Court. The modifications will allow for the capture of all documents created by the HTE system into the DMS and provide for version management . Provide a viewing grid for display of all documents. Total Estimated Time for Item #3 5 Days 13 Vista Solutions Grou •, In . Item #4 on -site software installation and testing The tasks associated with this activity are related to development of any Vista Workflow system components necessary to meet the City's requirements. These tasks include Analysis and Design, Coding and Unit Testing, and Quality Assurance Testing. VistaSG's Project Manager shall design the initial system. The deliverable from this task is the Vista Workflow software with all necessary and agreed system modules, including but not limited to the following: 1. Vista DMS project — the database for storing all meta -data for the documents 2. Vista Workflow 3. Interfaces to HTE 4. Word import program 5. create new Vista DMS database Total Estimated Time for Item #4 5 Days Item #5 Training classes .Finalize Training Plan During this task, a Trainer from VistaSG shall work with the City departments to finalize the Training Plan. The Training Plan shall detail the overall training needs of the City, the duration of the various training sessions and what individuals shall attend the various training sessions. At least one person from the City, representing the City's training needs, is also required to participate in this task on a full -time basis until complete. The City may wish to assign additional personnel from different areas of the City to help facilitate this task. This is a mandatory task. Develop Training Packages The purpose of this task is to develop the Training Packages to support the various Training Sessions as identified in the Training Plan. The Training Packages should be formulated using the City's business processes and requirements as a basis. VistaSG shall provide templates to be used as a starting point for the City to develop customized Training Packages. We envision using a 'train -the- trainer" approach, since you have fully qualified VisiFLW personnel on your City IT staff. Confirm Training Facilities The purpose of this task is to ensure that the necessary training facilities, as defined in the Training Plan, are available and ready for use in the Training Sessions. The City shall be responsible for ensuring that the necessary facilities are ready for use. Conduct User Training The purpose of this task is to ensure that all of the necessary users of the application have an opportunity to receive training regarding their use of the application. The training in these sessions shall be established as part of the development of the Training Plan. The individual sessions and related Training Packages shall be determined and developed as part of the project. We envision using a "train - the - trainer' approach, since you have fully qualified VisiFLOW personnel on your City IT staff. 14 Vista Solutions Gr u•, Inc. VistaSG suggests that the City's training personnel sit in on all training classes and teach at least one class of each queue type with VistaSG staff present for assistance. Successful completion of User Training shall indicate that the remaining deployment tasks shall proceed and shall be concluded with a Training Acceptance Criteria and sign -off. Total Estimated Time for Item #5 3 Days Item #6 n -site Go live support Develop End -User support Procedures The purpose of this task is to develop End -User Support Procedures to be used by day-to-day users of the application as required. The End -User Support Procedures should be formulated using the City's business processes and requirements as a basis. The City shall be expected to assign personnel with competent knowledge of the City's business processes and requirements to develop the procedures. The VistaSG Project Manager shall facilitate development of these procedures. Finalize "Go Live" Plan The purpose of this task is to ensure that all the necessary components are ready for the production implementation. It is an opportunity to tie up those remaining "loose ends" and make sure everything is ready to proceed. The VistaSG Project Manager shad work with the other project resources to ensure all aspects of the implementation are ready, this shall include finalizing dates and steps to take prepare all workstations with the appropriate software, hardware and settings for a successful Go-Live date. Go -Live This milestone represents the first day of production use of the application. Post-Implementation support This task provides support for the production environment for the initial week of production use. The VistaSG Project Manager shall assist the City with end -user support procedures during this time. Total Estimated Time for Item #6 Days 15 Vista Solutions Group, Inc. City of Corpus Christi - Quote for interface - Planning & Zoning project Implementation Services Daily ## Dau Description Fate Total 14 n- Site Workflow and business analysis for 3 projects 1 ,999 14,000 Custom programming to develop executables for H.T.E. 20 interface} including Scan, View, Print & Delete 1,000 20,000 5 Modify existing CH2000 programs to pull WORD documents into WAS that have been created by H.T.E. system 1,000 5 000 5 On-site Software Installation, Setup and Testing with interface 900 4 500 5 On-Site Live Support 800 4,000 3 Training classes for train the trainer(queues, viewer, scanning) 800 2,400 8 Contingency Project Management Time 1,000 8,000 Total — Imaging Implementation 57,900 Terms: 1) Fixed price contract. This SOW (see attached SOW) is for a fixed price contract, not to exceed amounts shown above, unless a change order is entered into between the City and VistaSG Quote Statement of Work for the City of Corpus Christi, TX 8/28/2007 4 :38 :00 PM Page 8 of 8 VISTASOLUTIONSGROUP 708 South Austin Ave. Ste 201 Georgetown, TX 78626 Phone 512-686-1364 To: Wendy Contreras City of Corpus Christi Corpus Christi, Texas 78469 DESCRIPTION QUOTE DATE: E: Augu t 17, 2007 Quote N 081707HIVLAN For High Volume Scan Software Quantity Unit Price AMOUNT VisIFLO1 - High Volume Scan (4 scan stations) ,Annual Maintenance (Due 90 days after installation) 4 $9,998 $9,995 1 15% $1,499 SUBTOTAL TAX RATE $11,494 so Total $11,494.28 City of Corpus Christi, Texas Development Services Customer Service & Technology Improvements Summary of Request u Approve Purchase and Implementation of: H.T.E. 0 Planning & Zoning Review r and Tracking Module O Customer Online Self- Service Module for Planning O Software to Link H.T.E. Tracking to Spatial Maps (GIS) O Module to Link H.T.E. Tracking to electronic images of new Paper Records ❑ Council Funding Requested: $314,769.25 I.T. Strategic Roadmap Data Gathered from all departments 4)% Gfie 00. 4:94 00. Ocv Roadmap Priorities: City -wide Focus Areas; Service Provision Priorities; Cross - Departmental Priorities; Intra- Departmental Priorities IT. Projects ✓ I.T. Project Prioritization o I.T. Strategy Council o I.T. Steering Committee L:J I.T. Project List 2007 -loos o Development Service — Planning and Zoning o Upgrade Police Phone System o Mobile MAXIMO o Enterprise Backup and Recovery o PeopleSoft Human Resources Upgrade o Network Infrastructure Upgrade o Capital Improvement Project Management Development Services Department Key Business Areas Planning & Zoning Serial Services • Zoning • Special Use Permits Building' Permits -• Subdivisions • Infrastructure Renew • Commercial Buildings • Contractor Trade Permits • Residential Permits . Taps Key Customer E The development review process will be successful if Q Rules are clear enough to know how to design without asking a person • Standard operating procedures are in place that are predictable and consistent "Time is money" so make the process timely • Staff makes decisions and "stick" with them • Performance standards set and met by staff Sufficient resources exist to meet the service demand Technology Tools Needed to Serve Customers gi Technology Acquisitions H.T.E Application Suite Modules currently owned & used by the City. New Modules to be acquired fort-fie project Technology Benefits IechnoiocivTool HTE Planning & Zoning Review and Tracking Module Customer Expectation Met • Standard operating procedures are in place that are predictable and consistent • Performance standards set and met by staff • Consistent operating procedures • Track & measure performance (time) • Document decisions & agreements Customer online Staff makes decisions and stick' with them Self- Service Module Time is money" so make the process timely (ClIck2Gov) • Better access to information & project status • Improved communication of results & quicker decision - making virr- Technology Benefits Technology Tool H.T.E. Bridge to Paper Records & information (Electronic Images Visiflow) w Customer E c e tetion Met • Buf#iient resources exist to meet the ...000, service demand • More accurate & comprehensive information • Better interpretations & quicker decision- making H.T.E Bridge to Sufficient resources exist to meet the Geographic Information 111011111. service demand (Looking Class -C.l. • More accurate & comprehensive information • Better interpretations & quicker decision -makin Technology Funding Requested H.T.E Planning & Zoning Review and Tracking Module Customer Online Self-Service Module for Nanning H.T.E Tracking Link to Spatial Maps O.1. &- Looking Glass) $207,665.00 Annual Support and Maintenance $ 37,710.00 H.T.E Tracking Bridge to Electronic Images of paper records $ 67,895 00 Annual Support and Maintenance $ 1,499.25 Council Approval $314,769.25 Hardware & Microsoft License Annual Costs $ 1 2,476.79 Scanners, Data Cleanup, Training, etc $ 36,558.10 k ! f`r,_. � . , , *4i t hyt \'~ 33' �' [�* {9• , � � � �`q'!' -�• -. _ #.. +. <' fey+ F}'+�7 " „_.-xi, 3.. k .x- ire +� ;' }.'�+' r s;x.. �py� _f<x -, -•,# fr -t'° -.j� • 1 + 1/ ~ }wry r Z:\ }s f+ i�P�4! k L 'i `�+Yl k Yy �kf �f "' 7ff .;o- ''• Y •s,.� :T.. i � }Xr •- F1' ..4 1 �F ` ,2'c TI ( i .` '.Skt.: � �'.�:ib_y ��-` �, =i` - �'� ~ �►: {`t. �} 41 ` s11 f-. ....tea �Y't�14:f ?�i'?�,14... sr�y� --'f. Technology Implementation Schedule H.T.E Planning Zoning Review and Tracking Module Online Customer Self - Service Module for Planning Click2Go ) H.T.E Tracking Bridge to Electronic Images Module to link H.T.E to G.1. (Looking Glass Software) May 1, 2008 May 1, 2008 July 1, 2008 Questions? 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 18, 2007 AGENDA ITEM: Resolution approving an amendment to the Corpus Christi Business and Job Development Corporation's (CCBJDC) Guidelines and Criteria for granting business incentives to expand the NAICS I CS codes included in the definition f t "Primary Employer." ISSUE: In reviewing the 4A Guidelines earlier this year, NAICS codes that represent existing primary employers were inadvertently omitted from the definition of primary employer. This definition affects the eligibility of businesses to receive 4A Funds. In an effort to include all of our existing primary employers, it is desired that the list of eligible NAICS codes be expanded to make the lira employer definition, in Christi primary p definition, found in Section 1, item of the Corpus Christi Business & Job Development Corporation Guidelines & Criteria for Granting Business Incentives, as broad as possible, so as not to exclude any existing primary employers from being eligible to receive 4A Funds. For the recruitment of primary employers, efforts will continue to be focused on recruiting specifically targeted industries. Attached is the section of the State statute which lists the eligible North American Industry Classification System (MAILS) sectors. REQUIRED UII ED C UI IL ACTION: Approval of the amended CCBJDC guidelines. PREVIOUS COUNCIL ACTION: May 13, 2003 - Resolution 025298 approved the CCBJDC's guidelines and criteria for granting business incentives. July 27, 2004 - Resolution 025675 approving amendment ent to CCBJDC's guidelines & criteria to change the definition of "Small Business" from "a primary employer that employs 2 or less full time hours ear application" „ y permanent employees at the time of application to a primary employer that employs r less full time �, p me (2080 hours /year) permanent employees at the time of the application. April 25, 2006 - Resolution 026757 approving amendment to CCBJDC's guidelines & criteria for granting business incentives to provide flexibility in the approval of incentives for capital investment/facilities and to include a definition of enterprise facilitation. April 10, 2007 - Resolution 027214 approving amendments to the CCEMIDC's guidelines and criteria for granting business incentives to provide more flexibility in working with small business, provide funding or business incubator existing p. . g ubator startup, support retention of existing employers, and add additional requirements for primary employers requesting financial incentives. CONCLUSION AND RECOMMENDATION: Approval of the amendment to the CCBJDC's Guidelines and Criteria as approved by the Corpus Christi Business and Job development Corporation Board of Directors on September 10, 2007. Oscar Martinez Assistant City Manager (17) "!Primary job" means: (A) a job that is: (i) available at a company for which a majority of the products or services of that company are ultimately exported to regional, statewide, national, or international markets infusing new dollars into the local economy; and (ii) included in one of the following sectors of the North American Industry Classification System (NAICS): NAICS Sector # 111 112 113 11411 115 211 -213 221 311 -339 42 48 -49 51 excluding512 131 and512132) 523 -525 5413, 5415, 5416, 541'7, and 5419 551 56142 922140 Description Crop Production Animal Production Forestry and Logging Commercial Fishing Support Activities for Agriculture and Forestry Mining Utilities Manufacturing Wholesale Trade Transportation and Tarehousing Information (excluding movie theaters and drive -in theaters) Securities, Commodity Contracts, and Other Financial Investments and Related Activities; Insurance Carriers and Related Activities; Funds, Trusts, and Other Financial Vehicles Scientific Research and Development Services Management of Companies and Enterprises Telephone Call Centers Correctional Institutions; or (B) a job that is included in North American Industry Classification System (NAILS) sector number 928110, NationalSecurity, for the corresponding index entries for Armed Forces, Army, Navy, Air Force, Marine Corps, and Military Bases. (18) !!Corporate headquarters facilities" means buildings proposed for construction or occupancy as the principal office for a business enterprise's administrative and management services. 1 RESOLUTION APPROVING ENDrvIE !T TO THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION'S ATIO I'S CCIEW C GUIDELINES AND CRITERIA FOR GRANTING BUSINESS INCENTIVES TO EXPAND THE NAICS CODES INCLUDED IN THE DEFINITION OF PRIMARY EMPLOYER." in the City Council approved the Corpus Christi WHEREAS, �n Resolution 025298, � Business and Job Development Corporation's Guidelines & Criteria for Granting Business incentives; WHEREAS, on July 8, 2004, e Corpus Christi Business and Job Development Corporation Board of Directors approve d an amendment to its Guidelines & Criteria for �� ;� • • Incentives to change definition of ;Small Business" from "a primary Granting Business Incent�v semployer that employs 20 or less full time 08 hours/year) rs /year) permanent employees at t he time of a pp lication " to "a primary employer that employs 9 or less full time 2: �x. ar permanent employees at the time of application hours/year) p WHEIEAS, in Resolution �, the City Council # p prove d the amendment ent to the Corpus Christi Business and Job Development Corporation's r Guidelines & Criteria for r Granting Business Incentives relating to the definition of "Small Business"; WHEREAS, and Job Development Corporation Board of �ES, the Corpus Christi � Bus #Hess a • recommended a further amendment to the Corporation's Directors approved and taco • Business Incentives to remove the $5,000 per job Guidelines & Criteria for Granting B ... �� • • Incentive for Capital investment/Facilities" nvestment Fa ilit #es to allow limitation for "Maximum Value of 1 � . . .. • i in incentives to attract new and expanded businesses greater flexibility in authorizing through Capital In en�a' #ity Bus iness Incentives and to include a definition of "Enterprise Facilitation "; meat corporation Board of and Job Development WHEREAS, the Corpus Christi Business p • and recommended further amendments to the Directors, on April 2, 2007, approved Corporation Guidelines & Criteria for Granting Business Incentives to include restricting eligible activities, providing for small business primary rimary erp #Dyers, providing for incentive s scaled on potential economic impact; and providing for flexibility to meet f unforeseen opportunities; and . evei meat Corporation Board of The Corpus Christi Business and Job p 1�1�iE D• rectors, on Septembe r 10, 2007, approved and recommended a further amendment is for Granting Business Incentives to include in to the corporation Guidelines & Criteria . . * � � Primary S Codes included in Texas Revised Civil statutes, the definition of Pr�nnry dob all tic Article 5190.6, Section 2 (17), as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CORPUS CHRISTI, TEXAS: H:1 LEG -DI \ hared\ aiy \a enda\2O 71 -181 es amending CCB and Job Deve Corp Guidelines070918.doc 2 SECTION 1. The City Council approves of the amendments to the Corpus Christi Job Development Corporation's Guidelines & Criteria ("Guidelines") as set forth in the revised Guidelines attached hereto. ATTEST: Armando Chapa Assistant Secretary APPROVED: September 12, 2007. k By: - G ryVV. Smith Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H:1LE -D1R\ hared \Garylag nda120071 -1 \ es amending CCB and Job Dave Corp Guidelines070918.doc 3 CITY OF CORPUS CHRISTI, TEXAS BUSINESS & JOB DEVELOPMENT CORP R I TION GUIDELINES 8 CRITERIA FOR RAI T1NG BUSINESS INCENTIVES WHEREAS, the attraction of long-term erm investment and the establishment of new jobs in Corpus Christi would enhance the City's economic base; and, WHEREAS, Corpus Christi must compete with other communities across the nation � currently offering a variety of business incentives to attract new jobs and business; and Section 4A of Article 5190.6, Vernon's Texas Revised WHEREAS, the Texas Legislature in with the . Corporation Act of 1979) has empowered local communities Civil Statutes Development conomi�.r health ability to adopt an Tonal local sales and use tax as a means of improving the and prosperity of their citizens; and, residents of the City of Corpus Christi overwhelmingly WHEREAS, on November 5, 2002, the BUSINESS ENTERPRISES which authorized passed Proposition 2: NEW AND EP expanded p for the promotion and development of new and ep adopt�or� of sales and use tax fo p �, d for 1 business enterprises at the rate of one-eighth of one percent (118 cent) to the impose years;. and, .. WHEREAS, under Proposition 2 and as required by rdinane 024952, funds approved for and expanded business enterprises can only be used for the promotion and development of new p the following Projects and no others: a) • i nt. These funds will be used to make grants to Education/Skills Development. insure the r aniations to provide training} retraining and education to companies and o p led a and skills required for the jobsOf the future are in place. lt�ow b) � Business evelopment lncuba ion. These funds will be used to develop programs and facilities that assist small and start -up companies that have the ability to produce jobs for the future. c) J used to assist companies in the These funds will be e creation of meaningful, u � community) in ' that bring in dollars from outside of the co m ty wealth producing fobs (jobs Corpus Christi. Funds would be available to both existing and new companies. sales tax authorized by passage of Proposition 2 was WHEREAS, the 118th cent s effective the City Council and filed with the State Comptroller of Texas, subsequently enacted by th y April 1, 2003, to be administered by the City's 's Section 4A board of direct ors (Corpus us Christi Business and Job Development Corporation Board); and, n coordinated effort to promote economic development} WHEREAS, to assure a common, Corpus Christi, other ' Criteria have been circulated among the City of these Guidelines and governmental rnrntati e rtities , the Corpus Christi Regional Economic Development Corporation, area chambers of commerce and the Corpus Christi community in genera l for consideration; HALE -DI ‘shared‘ arysl genda \200719 -1 S‘ es amending CCB and Job Dove Corp Guidelines070918.doc 4 NOW, THEREFORE, F E, BE IT RESOLVED LED by the Corpus Christi Business and Job Development Corporation that these Guidelines and Criteria for Granting Business Incentives be adopted: Section 1. Definitions. (a) "Act" means Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) "Agreement" means a contractual agreement between a property owner and/or lessee within the City of Corpus Christi City Limits and the "Corporation " for the purposes of granting business incentives. (c) "Basic Manufacturing or Service Faci!i " means buildings and structures, including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services. (d) "Board" means the Corpus Christi Business and Jobs Development Corporation Board (Section 4A Board) as established by "City" Resolution 024233 and pursuant to the "Act". (e) "Business Incubator means a program established with the primary objective of improving the potential success of emerging primary employers, preferably through the transfer or application of technology, and in doing so, creates jobs, ensures self sufficiency and invigorates the local economy. Through such programs, small business owners typically have access to assistance which might include items such as rental space, administrative support services, on -site business consulting, workshops, enterprise facilitation, and business management seminars. "Capital Investment" means the increase in the assessed value of an eligible property as a result of "expansion" or "modernization" of an "existing facility" or construction of a "new facility." It does not mean or include "deferred maintenance ". (9) "city" means the City of Corpus Christi, Texas. (h) "Corporation" means the City of Corpus Christi Business and Job Development Corporation established by ,City " Resolution 024233. (1) "Deferred Maintenance" enance" means improvements necessary for continued operations which do not improve productivity or are performed to meet regulatory obligations. (j) "Economic Life" means the number of years a property improvement is expected to be in service in a "facility ". "Executive Director" means the chief executive officer for the `;Corporation "" or his /her designated representative. (1) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for the purposes of increasing capacity. (m) "Fg_gAit " means property improvements completed or in the process of construction which together compromise an integral whole, as well as new fixed machinery or equipment. HALED -DIR hared\ ary \agenda\ OO71 - 181Res amending CCB and Job Deve Corp Guidelines070918,doc 5 (n) "Modernization" ation" means the replacement and upgrading of existing "facilities' which increase . .. i of the productive input or output, updates the technology or substantially lowers the unit cost p the p eration and extends the economic life of the "facilities". Modernization may result from the construction, alteration or installation of buildings, structures, fixed machinery or equipment. er t. It shall not be for the purpose of reconditioning, refurbishing, repairing or completion of `{deferred maintenance ". "New Facili " means a property previously undeveloped which is placed into service by means other than or in conjunction with an "expansion" or"modernization". "Owner" means the owner of a "facility" or "program" subject to business incentives, If the "facility" is constructed on a leased property, the owner shall be the party which owns the property subject to the business incentive. The other party to the lease shall join in the subj� eecutior of the "agreement" but shall not be obligated to assure performance of the party receiving business incentive. "Petrochemical FacilY means buildings and structures, including fixed machinery and the primary purpose of which is or will be the manufacture or processing of equipment, p r p � petrochemicals or fuels by physical or chemical change. "Primpry Errs l er " means a business in which at least 70% of its goods and/or services are sold to customers that are located more than 50 miles from the intersection of Staples Street and Leopard Street and whose goods and /or services are in one of the fellowigg-twe-digit NAILS codes amended, listed in Texas Revised Civil Statutes Article 5190.6 Sec. 2 17 as • (s) "Project Agreement" means the agreement made by and between the "City" and the "Corporation" which assigns responsibilities for jointly carrying out each "agreement to assure that funds are used for authorized purposes. city execution of the Project Agreement shall be in the form of an adopted Resolution by the City Council of the City. "Re, Iona! Distribution Center - Facility'{ means buildings and structures, including fixed machine ry equipment, and a ui ment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the Facility operator where a majority of the goods or services are distributed to points beyond a 50-mile radius of Nueces County. (u) "Regional I*cmmicatI9ns/ata Processing Center acilitt ' means buildings and structures used or to be used primarily for the provision of telecommunication or data processing services by the Facility operator where a majority of the services are provided to points beyond a -mile radius of Nueces County. (v) "Research and Development Facility" means buildings and structures used or to be used primarily for the purpose of product developmental engineering, testing and evaluation. (w) "Retention" means to retain existing primary employers so that they continue their business operation within the Corpus Christi city limits and its extraterritorial jurisdiction ETJ. H:1 LEG -DI Ishared \Ga(ySlagenda1 OOT9 -1 \Res amending CCB and Job Cleve Corp Guidelines070918.doc 6 (x) "Small Business" means an employer that employs 49 or less full time (2,080 hours /year) permanent employees at the time of application. (y) means a primary employer that employs 49 or less full time (2,080 hours /year) permanent employees at the time of application and comply with the requirement(s) set forth under "Definitions" letter (r). Section 2. Mission & Goals (a) It shall be the mission of the Board in administration of these Guidelines and Criteria to promote, encourage and enhance the creation of jobs which expand the City tax base and economy through granting business incentives which assist in the retention, expansion and recruitment of Primary Employers. (b) The goals of the Board in administration of these Guidelines and Criteria are to: • Create jobs; • Expand the City tax base and economy; • Strengthen and diversify Primary Employers within the local economy. The role of the Corporation in carrying out this mission and goals is to review and approve applications for business incentives, recognizing that the Corpus Christi Regional Economic Development Corporation exists for the purpose of organizing, coordinating and leading the City's economic development efforts. Section 3. Business Incentives Authorized. (a) Prima Em lo er and Small Business Prima Em To er Business Incentives Authorized. Incentives granted by Agreement under these guidelines pursuant to Section 4 below may include, but are not limited to the following: • land, facilities, equipment & infrastructure grants; • loan participation /guarantees; • direct low interest loans; • rent subsidies; • relocation and moving expense grants; • job training grants /loans; and, • business incubation activities. (b) Small Business Incentives Authorized. Incentives granted by Agreement for Small Business under these guidelines pursuant to Section 5 below may include, but are not limited to the following: • Small Business start up grants /loans; • Business Incubation grants /loans; and • Business Incubator development. H:1LE -DI \shared\ aryslagenda1200 1 -1 \ es amending CCB and Job Deve Corp Guidelines070918.doc (a) Section 4. Primary Employer Business incentives. Authored Facilities. es . A Capital Investment for a Facility may be eligible for incentives by for a Primary Employer. Incentives may be granted for land or Agreement if it creates jobs ' + for ent related to either New Facilities or improvements to existing Facilitie Capital Investment the purpose of Modern i ation, Expansion, or for Capital Investment necessary for the retention of an existing p rimary employer. The following types of property shall be ineligible for business incentives: inventories; supplies; tools; furnishings and other forms movable personal propert not including capital production equipment); vehicles; vessels; aircraft; deferred maintenance investments; improvements to real property which have an economic with the exception of the City of Corpus Christi, property owned or life of less than 't years; p owned used by the State of Texas or its political subdivisions or by any organization operated or directed by a political subdivision of the State of Texas. (b) AnnuaAnnual Certification. The Business Incentive Agreement shall require annual certification of capital investment as required by the Agreement. Com • letion _of Facility Construction. The completion of Facility construction or installation of ns .., co � Capital Investment shall be deemed to occur upon the earliest of the following events (as determined by the Board): • when a certificate of occupancy is issued for the project; ial production of product or provision of a service is achieved at the • when corr�rr�er p p Facility; • when the architect or engineer supervising construction issues a certificate of substantial su p completion, or some similar instrument; or, • two (2) years after the date of the Agreement. e) Wage }{ eme In order to count as a job under an Agreement, the job shall pay at "living For purposes of this provision, a l- �v�ng wage". p p sion, living wage shall mean that an d by the U.S. Department ent of Health and Human Services for the Corpus amount terrn�r�e y p ch being at the poverty level for a family of three, divided by 2,080 hours per Christi area as g year. In determining if this requirement is met, the Board may also consider other employee benefits that enhance the employee's compensation compensation factors or with the a whole. Accordingly, the Corporation, through its Project Agreement package as living wage target under these Guidelines and Criteria and insert a City, may adjust the g reement to govern the incentive offered. With regard to job specific target in each count as r in a job shall a at least an amount as determined by the Act in order to co tra n � pay fob under an Agreement. in determining an incentive based on new jobs, the following matrix shall be considered. New dross Pa roll <$30,000 per new Job - -_ $3OOOto o , e r n ew job $40OOlto $50,000 _per new job >$50,000 er new 'ob _ Incentive per New ,Job 7o er new job for training _p $751 to $5,000 per new job $5QOlto$1O000perneWJpb jj1OO1+pfljob_ (f) In order to be eligible for business incentives, the planned Creation Qualification. Capltal Investment must create and maintain the minimum number of 50 full -time (2,08 HALEG-DIRIShared‘GaryMagenda\2007‘9-18‘Res amending B and Job Deve orp Guidelines070918,doc (s) (a) V hours ear ) permanent jobs within two (2) years of an effective date as set out in the Agreement. Annual validation of wage rates shall be provided as set forth in Section 10 (b) herein. With regard to job training, an exception to this requirement may be granted by the Board on a case by case basis. Health Insurance. To qualify for incentives, a primary employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. Section 5. Small Business Incentives. Authorized Projects /Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to small Business to create jobs through small Business start up and/or Business Incubation. On an annual basis, the Board shall budget a separate allocation for funding all small business start up and /or business incubation incentives. (b) Wage and Job Creation Requirements. Wage and job creation requirements for Small Business start up and Business Incubation shall be evaluated and determined by the Board on a case by case basis. Section 6. small Business Primary Employer Incentives. Authorized Projects /Dedicated Allocation. For projects which may not meet the requirements is of Section 4 above, business incentives may also be granted to Small Business Primary Employers to create jobs through Small Business start up and/or Business Incubation. On an annual basis, the Board may budget a separate allocation for funding all small business start up, expansion, retention, and /or business incubation incentives. Section 7. Universal Requirements. (a) Project lm•iementation. An authorized project funded by a business incentive under this Section must be implemented within two (2) years from the date of the Agreement. (b) Location or Reside -roc Re uiremet. Facilities or land may be eligible for business incentives only in the event that any associated Capital Investment is located within the City. Property which is covered by an executed industrial district agreement shall be considered to be within the City for purposes of determining if a project meets location requirements. With job re and to training incentives, these may be eligible outside of the City only in the g � are held b event that at least 1 o of the jobs created during the term of the Agreement a by residents of the City. (c) "Buy Local }' Provision. Each recipient of business incentives shall additionally agree to use best efforts to � ive preference and priority to local manufacturers, suppliers, contractors and g labor, except where not reasonably possible to do so without added expense, substantial inconvenience or sacrifice in operating efficiency. For the purposes of this provision, the term "local" as used to describe manufacturers, suppliers, contractors and labor shall include firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. H:\LEG DIF IShared\ arysla nda12OO 1g -1 \Res amending CCB and Job Deve Corp Guidelines070918.doc 9 (d) Insurance Requirements. Each recipient of business incentives shall carry worker's compensation insurance and other appropriate insurance coverage as the Board may determine is appropriate and required in the Business Incentive Agreement. Section 8. Application. (a) Written licati n. Any present or potential Owner or sponsor may request business incentives by filing an authorized and signed application with the Executive Director, or his designated representative. (b) contents _of Ap•licatiori. The application shall consist of a completed application form accompanied (when applicable) by: a general description of proposed Capital Investments to the Facility; a descriptive list of the improvments or program for which business incentives are requested; a list of the kind, number and location of all proposed improvements of the property; a map and property description; and, a time schedule for undertaking and completing x Expansion the ro J roposed improvements or programs. In the case of a Modernization or project, a statement of the assessed value of the Facility, separately stated for real and personal property, shalt be given for the tax year immediately preceding the application. The application form may require such financial and other information as the p pp C or Corporation cow P City deems appropriate for evaluating the financial capacity and other relevant factors of the applicant. (c) Feasibili /Economic Impact,Study. After receipt of a completed application, the Executive Director shall cause to be performed a study of feasibility and economic impact using an independent consultant selected by or agreed to by the Board. This study shall include, but not be limited to, an estimate of the economic effect of incentives, including job creation, employment enhancement and capital investment. Once completed, the study and the application will be forwarded to the Board for review and discussion before consideration of any g reement. The costs and expenses of the feasibility /economic impact study shall be borne by the Economic Development Corporation. (d) No Business Incentives if Construction or Fro ram has Commenced. No business incentive if of a Agreement shall be approved if the application was filed after the commencement o any construction, alteration or installation of improvements related to the proposed Facility Modernization, Expansion ansion or New Facility. Similarly, no business incentive Agreement shall be approved for any program if the application was filed after the program has been establishment or program activity has commenced. (e) Due Diligence Financial_ Review. The applicant shall provide to the Corporation, or the Corporation's appointed agent, the last three years financial statements—company ardor personal financial statements. The financial statements required will be at the discretion of the Corporation. After receipt of the financial statements, the Executive Director shall cause a financial review to be performed using an independent accounting firm selected by or agreed to by the Board. Upon completion, any negative findings from the financial review will be forwarded to the Board for review and discussion before consideration of an Agreement. The applicant will be allowed to address, and explain in writing, any negative findings before the Corporation takes action on an Agreement. The costs or expenses of the financial review shall be borne by the Economic Development corporation. FI:1 LEG -L IF \hared\ ary la fda1 OO 1 -l8 \Fes amending CCB and Job Cleve Corp Guidelines070918,doc 10 Section 9. Approval. Reservation of Rights. The Board reserves the right to determine the eligibility of a project and the terms and conditions of any loan, grant or guarantees based on the mission, goals and objectives in Section 2 above. Nothing herein shall be construed to limit the authority of the Board to examine each application for business incentives before it on a case-by-case basis and determine in its sole and absolute discretion whether or not the proposed project should be granted any business incentive and whether or not it complies with these Guidelines and Criteria, is feasible, and whether or not the proposed business incentives will be to the long -term benefit of the City. (b) Project A• reemerit Fie• aired. Each Agreement shall also include and be accompanied by a separate Project Agreement executed between the Corporation and the City. Section 10. Agreement. • (a) Contents of Business lncentive- Agreement. The Agreement shall include (when applicable): • the estimated value of Capital lnvestrer; • the commencement date and termination date of the business incentive; • the proposed use of the Facility, nature of construction, time schedule, map, property description and improvements list as provided in the application as required; • in the case of programs, the proposed program description, targeted employment market, et, nature and schedule of activities, facilities and equipment used to carry out activities, and complete program budget listing all sources of funding and projected expenditures; • the contractual obligations in the event of default, delinquent taxes, recapture, administration and assignment as provided in these Guidelines or other provisions that may be required for uniformity or by state laws and, • the number of permanent jobs, and wage /salary minimums for jobs created. (b) Time of Execution. The business incentive Agreement shall normally be considered by the Board within 60 days after the applicant has provided all necessary information and documentation. (c) Deadline for Execution. If the incentive proposal is approved by the Corporation Board of Directors, then the Owner wilt have sixty days from the date the final Business Incentive Agreement is received by the Owner to execute the Agreement. Failure to execute the Business Incentive Agreement within sixty (60) days from date of receipt will result in the Agreement being null and void and of no effect. Section 11. Recapture. Failure t Timely Comply and Continue 0 • erations. In the event that the Owner of a Facility or ro ram fails to timely, fully and completely comply with any one or more of the p g Agreement requirements, obligations, duties, terms, conditions or warranties, such failure shall be an act of default and, if not fully and completely cured and corrected, Corporat ion andlor City may terminate the Agreement and pursue all legal remedies as provided by law. If the Owner is not in compliance during any compliance reviews, then the Corporation, in its sole discretion, shall determine the incentives that the Owner shall be required to refund. HALEG-D1R\Shared‘GaiyMagenda\2007\9-18Res amending CCB and Job Deere Corp Guidelines070918.doc 11 (b) n to rr rlt Verification. Owner shall annually provide documentation, in the form of quarterly Texas Workforce Commission payroll reports or other mutually acceptable employment and payroll report, to verify compliance with new job and payroll commitments. The four quarterly reports, required to be filed with the Texas Workforce Commission, shall be due not later than the fifteenth day after the deadline for filing the fourth quarter report with the Texas Workforce Commission, each year. Corporation may request Owner to provide such documentation at any time. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest, the Agreement shall terminate and so shall the business incentives. (d) l.11ity Payments. In the event that the Owner allows its utility billing payments to become delinquent, the Agreement shall terminate and so shall the business incentives. (e) • Notice of Default. Should the Corporation andlor City determine that the Owner be in default according to the terms and conditions of its Agreement, it shall notify the Owner in writing at the address stated in the Agreement that if such is not cured within 60 days from the date of such notice (the "Cure Period"), then the Agreement may be terminated. In the event the Owner fails to cure said default during the Cure Period, the Agreement may be terminated. If default on new construction occurs at the fault of the Owner, then the Owner must provide a written explanation of the reason for the default to the Corporation. This written explanation, and any legitimate reasons for delay, will be taken into consideration as a possible remedy for the default. The Owner shall also notify the Corporation, in writing, explaining any delays in completing any required Agreement milestones as soon as the delays are realized. These Agreement milestones would include deadlines for completion 'of new construction, hiring new employees, or any other required Agreement milestones. Potential _Liabilit . After exhausting good faith attempts to address any perceived default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of the Owner as determined by the Board, potential liability under an Agreement may include the immediate return of all money grants and consideration previously paid, the maximum lawful rate of interest on all money paid until fully repaid, reasonable attorney fees and costs of court to collect such money, and the termination of all further obligations made under Agreement. in addition, City and /or Corporation shall not be liable for any alleged consequential damages. Section 12. Administration. (a) Access to Facj1. The Agreement shall stipulate that employees andor designated representatives of the City will have access to the Facility or program during the term of the Agreement for inspection to determine if the terms and conditions of the Agreement are being met. All inspections will be made only after giving 24 hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and /or operation of the Facility or program. Inspections will be made with one or more representatives of the Owner and in accordance with its safety standards. Annual Reviews., Business incentive Agreement reviews will be conducted annually to ensure that the Owner is in compliance with the provisions of the Agreement. if the Owner is not in compliance or is in default, then the appropriate provision of the Agreement, as outlined in Section 9 herein and the Agreement, will be enforced to recover incentives paid H:1LE -DIR Shared rys\agenda' OO71 -181 es amending CCB and Job Deve Corp Guidelines070918.doc 12 to Owner, unless the Owner remedies the default on or before the conclusion of any Cure Period. Annual Evaluation. The City, acting on behalf of the Corporation, shall annually evaluate compliance with the Agreement and report possible violations of the Agreement. As part of this evaluation, the Owner shall provide information sufficient to ensure compliance. (d) Right to Modify r_Can el. Notwithstanding anything herein or in any agreement to the contrary, the Board may cancel or modify the Agreement if the Owner fads to comply with the Agreement. Section 13. WaiversNariances The Corporation shall have discretion to vary. alter, and/or waive any guideline or criteria set forth herein when such variance, alteration, and/or waiver shall be in the public interest and in furtherance of the purposes and goals of the Corporation as set forth in its Articles of Incorporation, By-laws, Ordinance 024952, and Texas Revised Civil Statutes, Art. 5190.6. Approved: Corpus Christi Business and Job Development Board on September 10, 2007 Corpus Christi City Council on September 2007. H:ILE -D1 1 hared\ ary la enda\ \ -I8 \Res amending CCB and Job Deere Corp Guidelines070918.doc 13 Corpus Christi, Texas of - - -- 72007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill .Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1LE - DIR\Shar dl aryMagondal o 71 -1 1 es amending CCB and Job Dove Corp Guidelines070918.doc