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HomeMy WebLinkAboutAgenda Packet City Council - 12/18/200711:45 A.M. - Commendation honoring Central Catholic Elementary Kindergarten Chess Team Recognition ognition of Anti - Graffiti Program Coordination efforts 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 DECEMBER 18, 2007 10 :00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR HON S AND SOUND CTIVA T ED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS RS [ ING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the 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 que su ingl s es limitado, habra urn int rprete in / s- espafol en Codas las juntas del Concilio Para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to e given by Father Stenos N. Sitaras, St. Nicholas Greek Orthodox 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 Tem Melody Cooper Council Members: Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal Michael McCutchon John E. Marez Nelda Martinez E. MINUTES: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa 1. Approval of Regular Meeting of December 11, 2007. (Attachment # 1) Agenda Regular Council Meeting December 18, 2007 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: TS: Attachment # 2) 2. City Council's Youth Advisory Committee Marina Advisory Committee * Park and Recreation Advisory Committee Weed and Seed Steering Committee G. EXPLANATION of COUNCIL ACTION. For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CITY MANAGER'S GEF 'S l EPOF T ' Upcoming Items I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a council Member or a citizen, in 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: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Agenda Regular Council Meeting December 18, 2007 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving the lease-purchase of mowing equipment from John Deere Company, of Cary, North Carolina, for the total amount of $207 :838.05. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H-GAC). The equipment will be used to maintain the fairways and putting greens at the Gabe Lozano and Oso Golf Courses. All items are replacements to the fleet. Funds for the lease purchase of the equipment will be provided through the City's lease - purchase financing program. (Attachment # 3) 4. Motion approving the purchase of two hundred (too) portable radios from Dailey -Wells Communications, Inc., of San Antonio, Texas in the amount of $150,IOOE The award is based on sole source. Funds are available from the FY 2007 Port Security Grant 1061 Police Grants Fund. (Attachment ## 4) 5. Motion approving the lease - purchase of approximately 4,270 curbside collection containers from Schaefer Systems International, of Charlotte, North Carolina, for the total amount of $221,442.20. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H-GAC). The containers will be used in the City's automated collection program. Funds for the lease-purchase of the curbside collection containers will be provided through the City's lease purchase financing program. (Attachment ## 5) 6. Motion authorizing the City Manager or his designee to grant a permit to Sabco Operating Company, of Houston, Texas, to drill an oil or gas well approximately three and one half miles east of the Corpus Christi Marina in Corpus Christi Bay being State Tract 55 Well No. 7. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute a construction contract with Austin Engineering Company, Inc., of Austin, Texas, in the amount of $695,824.50 for Holly Road Pump Station Tank Inlet Piping. (Attachment ## 7) 8. Motion authorizing the City Manager or his designee to execute Amendment No. 6 for Project Management Services in the amount of $948,800 for a restated total fee of $2,737,820 with Anderson Group Construction Management (ALCM, Inc., of 1 Agenda Regular Council Meeting December 18, 2007 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Corpus Christi, Texas, for various Capital Improvement Projects associated with the 2008 Capital Improvement t Program and 2004 Bond Program. (Attachment ## 8) 9. Motion authorizing the City Manager or his designee to execute a Real Estate Sales contract with William H. Shireman, Jr., et al in the amount of $295,000 plus $3,500 in closing costs for Parcel 1 described as 29.018 acres out of Lot 11 and the Southeast one -half of Lot 12, Section 31, Flour Bluff and Encinal Farm and Garden Tracts located on Paul Jones Avenue necessary for the South Guth Park Bali Field Relocation Project. (Attachment # 9) 10. Motion authorizing the City Manager to execute a Development Agreement with James Lee (Developer) to provide for the filing of a replat of portions of Lots 21 and 22, Block "H", Flour Bluff Estates, contemporaneous with the construction of improvements on said property and waiving fees associated with the replat of the property. (Attachment # 10) 11. Motion authorizing the City Manager to execute a Deferment Agreement with lJ Stor of CC IV, LLC, (Developer) in the amount of $97,491,68 for deferral of construction of public water and wastewater improvements for Holly Park, Block 1, Lots 2, 3, and 4# located north of Holly Road and east of Kostoryz Road, in accordance with Section ..3.b of the Platting Ordinance and waiving Section V. . .b 2 of the Platting Ordinance subject to receipt of an approved letter of credit. (Attachment # 11) 12. Second Reading Ordinance - Abandoning and vacating a 2.975 acre tract of undeveloped and unsurfaced, dedicated public right - of -way (Del Oso Road), out of Lots 6-7, Section 16, and Lots 1 -3, Section 1, Flour Bluff and Encinal Farm and Garden Tracts, located west of the Ennis Joslin Road public right -of -way, and south of the South Alameda Street public right -of -way; subject to compliance with the specified conditions. (First Reading 12/11/07) (Attachment# 12) 13. Second Reading Ordinance - Authorizing the City of Corpus Christi to tax tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 1 1.253. (First Reading 12/11/07) (Attachment ## 13) Agenda Regular Council Meeting December 18, 2007 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) (RECESS REGULAR COUNCIL MEETING) J. MEETING OF CITY CORPORATION: 14. CORPUS CHRISTI HOUSING FI ANCE QQjPORAJ1ON MEETING: (Attachment # 14) Date: Tuesday, December 18, 2007 Time: During the meeting of the City Council beginning at 10:00 a.m. Location: City Council Chambers, City of Corpus Christi 1 201 Leopard Street, Corpus Christi, Texas 78401 1. President Bill Kelly calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of DLqtors Officers Billy Kelly, President • George K. Noe, General Manager John Marez, Vice-Pres. Armando Chapa, Secretary Melody Cooper Mary Juarez, Asst. Secretary Larry Elizondo, Sr. Cindy O'Brien, Treasurer Henry Garrett Constance P. Sanchez, Asst. Treasurer Mike Hummell Priscilla Leal Michael McCutchon Nelda Martinez 3. Approval of minutes July 24, 2007 meeting. 4. Financial Report. 5. Consider approval of a Memorandum of Understanding concerning participation in the development of The Villas at Costa Tarragona II# a multifamily housing development near the interchange of North Padre Island Drive and Interstate Highway 37. 6. Public Comment. 7. Adjournment. Agenda Regular Council Meeting December 18, 2007 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) (RECONVENE REGULAR LAI COUNCIL MEETING) K. PUBLIC HEARINGS: ZONING ISSUE. 16. Waiver Ba west: Kenneth Brown (Timber . ate WWal-Mart Inc. ! e) — Public hearing and ordinance to consider waiving the 12 month waiting period to reapply for a change of zoning on property described as 33.6 acres out of Lots 17, 16, 19, and 20, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast intersection of South staples Street and Timbergate Drive. Attachment # 15) MASTER SANITARY SEWER PLAN AMENDMENT: 16. Public hearing and Ordinance amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan (Wastewater Collection System Master Plan for the Allison Wastewater Treatment Plant Service Area and the 1963 Master Sanitary Sewer Plan for Areas Annexed in 1960 and 1961 except Flour Bluff for the City of Corpus Christi) by extending the boundary of Master Plan Basin 25 in the Allison Wastewater Treatment Plant Service Area to include 63 acres currently shown as part of the Greenwood Wastewater Treatment Plant service Area in the 1 963 Master Sanitary Sewer Plan for Areas Annexed in 1960 and 1 961 except Flour Bluff for the City of Corpus Christi. (Attachment # 16) CONSOLIDATED AN UAL ACTION PLAN: 17.a. Public hearing regarding an amendment to the FY 2006 and FY 2007 Consolidated Annual Action Plans regarding the use of Community Development Block Grants (CDBG) Program funds for the Nueces Lofts LP. project. (Attachment # 17) 17.b. Motion authorizing the City Manager or his designee to amend the FY 2006 and FY 2007 Consolidated Annual Action Plan regarding the use of CDBG Program funds for the Nueces Lofts L.P. project. (Attachment # 17) Agenda Regular Council Meeting December 18, 2007 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 17.c. Motion authorizing the City Manager or his designee to execute a sales contract for property to be acquired by the City of Corpus Christi from Beach Center Corporation located at 501/513 Chaparral Street a.k.a. Lots 1-4, Block 11, Beach Portion, Corpus Christi, Texas (approximately 24,990 square feet). (Attachment# 17) L. REGULAR AGENDA CONSIDERATION ATION of MOTIONS, RESOLUTIONS LUTIONS. AND ORDINANCES: 18.a. Motion adopting the timetable for the FY 2008 Consolidated Plan/Annual Action Plan that is the planning and application process for the Community Development Block Grant C BG , HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. (Attachment # 18) 18.b. Motion reaffirming Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program objectives and guidelines as previously approved and amended by City Council Policy No. 9. (Attachment # 18) 19. Resolution declaring intent to establish a Storm Water Utility System for implementation in FY 2008 -2009; and approving the design concepts for new Water and Storm Water rates. (Attachment# 19) 20. Second Reading Ordinance — Approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,909. (First Reading 12/11/07) (Attachment # 20) 21. Briefing on the Garwood Water Supply Status. (Attachment # 21) 22. Motion authorizing the City Manager or his designee to execute Amendment No. 2 to an Engineering Services Contract with Freese and Nichols, Inc., of Fort Worth, Texas, in the amount not to exceed $91 1,997 for the Garwood Water Supply Pipeline Routing Plan Phase 2A Services. (Attachment # 22) Agenda Regular Council Meeting December 18, 2007 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 23. Motion authorizing the City Manager to execute a Development Agreement with Turner industries, LLC, (Developer), to establish development requirements for a pipe fabrication facility located at the intersection of IH 37 and Clarkwood Road. (Attachment # 23) 24.a. Resolution approving a performance based agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and APAC Customer Services, Inc., granting $400,000 in business incentives for the capital investment of $625,000 and the retention ofa minimum of485 permanent jobs (418 full -time and 67 part-time). (Attachment # 24) 24.b. Resolution authorizing the City Manager or his designee to execute a project agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives to APAC Customer Services, Inc., for a capital investment of $625,000 and the retention of a minimum of 485 permanent jobs (418 full -time and 67 part-time). (Attachment # 24) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 25. WorkSource Quarterly Report (Attachment # 25) 26. Downtown Tax Increment Financing (TIF) Zone (Attachment # 26) 27. Packery Channel Development Plan (Attachment # 27) 28. FY 2006 -2007 Neighborhood Initiative Program (NIP) Progress Report, Model Block Program Update, and FY 2008 Recommended NIP Project Sites (Attachment # 28) N. PUBLIC COMMENT T LROMfl!E AUDIENCE ON MATTERS NOT SCHEDULED ON THE_AGENDA WILL BE HEARD AT APPROXIMATELY IMATEL 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS T TIONS To THREE MINUTES Agenda Regular Council Meeting December 18, 2007 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) IF YOU PLAN TO ADDRESS THE COUNCIL DURING ING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE EA OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. if you have a petition or other information pertaining to your subject, please present it to the City Secretary.) si usted se dirige a la junta y cree que su ingl s es limitado, habra un intrprete �ngls- esparol en la reunin de /a junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE CE SHALL BERATE, EMBARRASS, A C C SE, OR SHOW ANY Y PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY 15 NOT MEANT TO RESTRAIN A CITIZENS FIRST AMENDMENT RIGHTS. O. 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. P. 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. 29. MAYORS UPDATE 30. COUNCIL AID OTHER REPORTS Agenda Regular Council Meeting December 18, 2007 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Q. ADJOURNMENT: MENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance o City Hall, 1201 Leopard Street, at , 2007. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7 :00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2007 -2009 A U,,,..1W i .e 1 - '-<<' V.))1947 SC C Develop Street Plan Texas A &M University — Corpus Christi Expansion Neighborhood improvement Program (NIP) and Model Block Expansion Development Process improvement Bond 2408 Coliseum Phan Master Plan Updates Improve Code Enforcement 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 11, 2007 -- 10:00 .m. PRESENT Mayor Henry Garrett Mayor Pro Tem Melody Cooper Council Members: Larry Elizondo, Sr. Mike Hummell 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 Council Member Nelda Martinez and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. Mayor Garrett called for approval of the minutes of the regular Council meeting of November 20, 2007. A motion was made and passed to approve the minutes as presented. Mayor Garrett referred to Item 2 and the following board appointments were made: Corpus Christi Aquifer Storage and Recover Conservation District Airport Director Fred Segundo (Appointed) Interim Assistance City Manager Angel Escobar (Appointed) Assistant City Manager Margie Rose (Appointed) Corpus Christi Regional Economic Development Corporation Gene Guernsey (Reappointed) North Padre Island Development Corporation (Replaced current NP1D members with the following Council Members) Henry Garrett (Appointed) John Marez (Appointed) Melody Cooper (Appointed) Larry Elizondo (Appointed) Mike Hummell (Appointed) Priscilla Leal (Appointed) Mike McCutchon (Appointed) Nelda Martinez (Appointed) Mayor Garrett opened discussion on Item 24 regarding the Watershore and Beach Advisory Committee. City Secretary Chapa stated that Item 24 clarifies the membership of the Corpus Christi Convention and Visitors Bureau (CVB) member as either a board member or an employee of the CVB. Council Member Leal asked questions regarding the reasons for the membership including a Minutes — Regular Council Meeting December 11, 2007 — Page 2 hotel owner and CVB representative and the duties of the Watershore and Beach Advisory Committee. Director of Parks and Recreation Salty Gavlik said the membership of the committee was created to provide equal representation to include property owners on North Padre and Mustang Island and the CVB because of their work with tourists and events for the beach area. Ms. Gaviik also provided the duties of the committee. City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 027523 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, regarding membership f the Watershore and Beach Advisory Committee; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCut h n, Mar , and Martinez, voting "Aye"; Cooper was absent. * * * * * * * * * * * * Mayor Garrett returned to Item 2 and the following board appointments were made: Watershore and Beach Advisory Committee Joanna Mott (Appointed) Neil McQueen (Appointed) Robert Thomas (Appointed) Jake Herring (Appointed) Jim Needham (Appointed) JoAnn Gilbertson (Appointed) Linda Walsh (Appointed) Kimberly Lemley (Appointed) Kyle Garrison (Appointed) * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe announced that the Council would start receiving their agenda packets on Wednesdays starting in January and explained the impacts created by that change. Mr. Noe asked Council to advise him of their availability on either January 14th or January 21st from 8 :30 to 3 :00 p.m. for a midyear retreat to review or modify the Council goals and priorities. Mr. Noe said staff is providing an engineering report regarding repairs need at the Watergarden. Mr. Noe said the Environment Projects Office is operational and working on reviewing compliance issues at the Wastewater Department and the certification of the O.N. Stevens Water Treatment Lab. Mr. Noe congratulated the Human Resources Department, Municipal Information Department, and other departments for receiving recognition from the local chapter of the American Society for Training and Development (ASTD) as one of the "Best Places to Learn.'} * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3 - 23 ). Mr. Bill Kopecky requested that Item 22 be pulled for individual consideration. Mr. John Kelley requested that Item 23 be pulled for individual consideration. Council members requested that Items 3, 4, 14, and 18 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes -- Regular Council Meeting December 11, 2007 — Page 5.a. ORDINANCE NO. 027506 Ordinance appropriating $162,000 subject to receipt of funds from the sale of used golf carts in the Golf Center Fund No. 4690 for procurement of 140 golf carts; changing the FY 2 7- 2008 Operating Budget adopted by Ordinance No. 027352 by increasing estimated revenues and appropriations by $162,000 each. 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. 5.b. MOTION NO. 2007 -305 Motion approving the purchase of 30 golf carts from E -Z -Go Te tron /Southwest, of Hurst, Texas based on only bid for the total amount of $99960. Funding is available in the Golf Center Fund. 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. 5.c. MOTION N . 2007 -306 Motion approving the lease purchase of 110 golf carts from E- -Go Textron /Southwest, of Hurst, Texas based on only bid for the total amount of $366,520. Funding will be provided by the City's lease purchase financing contractor. Grand Total (B) & (C): $466,480 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. 6.a. MOTION NO. 2007 -307 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $14,999.61 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department with a City match of $5,957.09 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 "; Cooper was absent, 6.b. OFRDINANCE NO. 027507 Ordinance appropriating $14,999.61 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Policy Department in No. 1061 Police Grants Fund. An emergency wa declared, and the foregoing ordinance wa 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 December 11, 2007 — Page 7.a. MOTION NO. 2007 -308 Motion authorizing the City Manager or his designee to accept a grant in the amount of $92,921.14 from the State of Texas, Criminal Justice Division to continue the Violence Against Women Act (VAWA) grant within the Police Department for Year 8 with a city cash match of $42,741, in -kind match of $10,560 for a total project cost of $146,222.14 and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Are "; Cooper wa absent. 7.b. ORQ1NANCE NO. 0275Q8 Ordinance appropriating $92,921.14 from the State of Texas, Criminal Justice Division in the No. 1 061 Police Grants Fund for funding available under the Violence Against Women Act (VAWA) Fund, transferring $27,611 from the No, 1020 General Fund and appropriating in the No. 1061 Police Grants Fund as grant matching funds. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye"; Cooper was absent. 8.a. MOTION NO. 2007 -309 Motion authorizing the City Manager or his designee to accept a grant in the amount of $65,91 from the State of Texas, Criminal Justice Division ion for first year funding of a Sex Offender Investigative Unit grant in the Police Department with a City match of $21,564, for a total grant application of $87,478, and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel', ll, Kelly, Leal, McCutchon, Mar # and Martinez, voting "Aye"; Cooper was absent. 8.b. ORDINANCE NO. 027509 Ordinance appropriating $65,914 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for first year funding for the Sex Offender Investigative Unit, transferring $9,758 from the No. 1020 General Fund and appropriating in the No. 1061 Police Grants Fund as grant matching funds. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye"; Cooper was absent. 9.a. RESOLUTION i . 027510 Resolution authorizing the City Manager r his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $25,000 for recycling and anti - litter education. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye"; Cooperwas absent. Minutes — Regular Council Meeting December 11, 2007 — Page 9.b. RESOLUTION NO. 027511 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $6,120 for carts to carry Household Hazardous Waste (HHW) and for non - corrosive shelving for the HHW Storage Building located at the Citizens Collection Center. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting `;Aye}'; Cooper w s _ absent. 9.c. aESOLUTION NO. 027512 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $3,000 for training and educational supplies for the new Clean City Programs Coordinator. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Are "; Cooperwas absent. 10. RESOLUTION N . 027513 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $45,000 for the FY 2008-2009 Regional Solid Waste Grants Program to provide funding for a technical study focusing on tire reclamation and recycling for parks materials. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, M re , and Martinez, voting "Aye "; Cooperwas absent. 11. RESOLUTION NO. 027514 Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount $11,298.50 for Litter and Illegal Dumping Cleanup and Community Collection Events. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kell, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Cooperwas absent. 12, ORDINANCE NO. 027515 Ordinance appropriating $51,633.19 in developer contributions and $45,507.12 in interest earnings for a sum of $97,140.31 in the No. 4720 Community Enrichment Fund for park improvements; changing Ordinance No. 026908 which adopted the FY 2007 -2008 Operating Budget to increase appropriations by $97,140.31. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, M r , and Martinez, voting "Aye "; Cooper was absent. Minutes — Regular Council Meeting December 11, 2007 — Page 13. ORDINANCE NO. 02751 Ordinance appropriating $39,338 from the Coastal Bend Council of Governments, amending the FY 2007-2008 budget, adopted by Ordinance No. 027352 to increase appr priati ns by $39 #333 in the No. 1320 General Fund Police Department budget to pay for equipment for the MetroCom Computer Training Center. An emergency wa declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Ayes,; Cooper was absent. 15. P_1 1ANCE NO. 027518 Ordinance appropriating $12,273.06 from abandoned /unclaimed monies from the Police Property Room, amending the FY 2007-2008 budget, adopted by Ordinance No. 027352 to increase appropriations by $12,273.06 in the No. 1020 General Fund Police Department budget to pay for unbudgeted building maintenance projects. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, tare , and Martinez, voting "Ayes,; Cooper was absent. 16.a. MOTION N . 2007-310 Motion authorizing City Manager or his designee to authorize the purchase of an Oracle Database Enterprise Edition license and first year maintenance support for $36,600; and consulting services for an amount not to exceed $95052.30 from Mythics, of Virginia Beach, Virginia to assist in the tasks to upgrade the Enterprise Oracle Database to version IOg. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Cooper was absent. 16.b. MOTION I . 2007-311 Motion authorizing the City Manager or his designee to approve the purchase of continued annual maintenance costs from Oracle USA, Inc., of Reston, Virginia for software updates and product support of the Oracle Database Enterprise Edition software subject to annual appropriation of funds based on sole source. 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. 17. ORDINANCE NO. 027519 Ordinance authorizing the resale of five (5) properties for $29,577.71 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $2,758.30, plus $8,665.65 for partial payment of City paving and demolition liens. 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 December 11, 2007 — Page 19.a. MOTION NQL_2007-312 Motion authorizing the City Manager or his designee to execute a construction contract with Epoxy Design Systems, Inc., of Houston, Texas in the amount of $162,000 for the O.N. Stevens Water Treatment Plant Clearwell No. 2 Repair for the Total Base Bid No. 1. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel', ll, Kelly, Leal, McCutchon, Mar k and Martinez, voting "Aye"; Cooper was absent. 19.b. M TI N NO. 2007 -313 Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction, of Ingleside, Texas in the amount of $100,153.20 for the O.N. Stevens Water Treatment Plant Clearwell No. 2 Repair for the Total Base Bid No. 2. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Are "; Cooper was absent. 20. MOTION NO._ 2007 -314 Motion authorizing the City Manager or his designee to execute Change Order N. 9 to the construction contract with SLC Construction L.P., of Conroe, Texas in the amount of $1 92,1 73.86 as part of the Lindal /Ch n w th Subdivision Area Drainage Improvements, Phase 1, Part B for the Lifecycle replacement of a waterline associated with this project. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel!, ll, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye "; Cooper wa absent. 21. MOTION NO. 2007-315 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Engineering Management Services Contract with GGE Consulting Engineers, Inc., of San Antonio, Texas in an amount not to exceed $60,000 for a restated total fee of $106,000 for Water Department Operations and Management Services. 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 3 regarding the purchase of trucks for various departments. Council Member Leal asked questions regarding the difference between the unit prices for bid items nine (9) and ten (10). Assistant Director of Financial Services Michael Barrera said the specifications for the trucks are different based an the needs of the Wastewater and Parks departments. Ms. Leal requested a list of the different specifications for each truck. City Secretary Chaps polled the Council for their votes as follows: 3. M TI N N . 2007 -303 Motion approving the purchase of seven (7) heavy trucks and lease- purchase of ten (10) heavy trucks from the following companies for the following amounts based on low bid in accordance with Bid Invitation No. BI-0025-08 fora total amount of $1,300,656. The vehicles will be used by Gas, Park Maintenance, Street, Solid Waste, Wastewater, and Water Departments. All seventeen units are replacements to the fleet. Funding is available in the Minutes — Regular Council Meeting December 11, 2007 — Page Capital Outlay Budget of the Maintenance Services Fund and the respective department operational budgets. Grande Truck Center Corpus Christi Freightliner San Antonio, TX Corpus Christi TX 12 Units 5 Units Bid Items: 1-3, 5-7 Bid Items: 8-10 $881,448 $419,208 Grand Total: $1,300,656 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. Mayor Garrett opened discussion on Item 4 regarding the purchase of two vector trucks and the lease purchase of one refuse truck. Council Member Leal asked questions regarding the sources of funding. Assistant Director of Budget Eddie Houlihan said the funding is listed as contractual services in the budget. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION N . 2007 -304 Motion approving the purchase of two (2) vector trucks and the lease - purchase of one (1) refuse truck from Grande Truck Center, of San Antonio, Texas in the amount of $708,964. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are replacements to the fleet and will be used by the Storm Water, Wastewater and Solid Waste Departments. Funding is available from the FY 2007 -2008 Capital Outlay Budget in the Maintenance Services Fund and the Operations Budget of the Solid Waste Department. Financing for the refuse truck will be provided through the City's lease- purchase financing program. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting `Aye "; Cooper and Marez were absent. Mayor Garrett opened discussion on item 14 regarding E911 wireless services. In response to Council Member Leal, Police Chief Bryan Smith said this item was not related to the WiFi project. Ms. Leal requested a presentation on the WiFi program. City Manager Noe said the update on the WiFi implementation is scheduled for the December 18th meeting. City Secretary Chapa polled the Council for their votes as follows: 14. ORDINANCE f ._ 027517 Ordinance appropriating $107,106 from Reserve for Commitment; amending the FY 2007- 2 8 budget, adopted by Ordinance No. 027352 to increase appropriations by $107,106 in the No, 1020 General Fund Police Department budget to pay for E -911 wireless services prior to the City negotiating a Wireless Service Agreement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez Mar were absent. Minutes — Regular Council Meeting December 11, 2007 — Page 9 Mayor Garrett opened discussion on Item 18 regarding the City's Investment Policy. Council Member Leal asked questions regarding the impact of removing the Student Loan Marketing Association; the deletion of the Corpus Christi Health Facilities Development Corporation; and responsibilities of the Corpus Christi Digital Community Development Corporation. Director of Financial Services Cindy O'Brien explained that the Student Loan Marketing Association was privatized and the City can not invest in that type of security. Ms. O'Brien added that the Corpus Christi Health Facilities is no longer an existing corporation and the Corpus Christi Digital Community Development Corporation manages the WiFi program. City Secretary Chapa polled the Council for their votes as follows: 18. F ES L T! N N . 027520 Resolution approving amendments to the City Investment Policy which includes the addition ofthe Security Lending Program, the removal ofthe Student Loan Marketing Association as authorized investments for city funds, and other administrative changes. 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. Mayor Garrett opened discussion on Item 22 regarding the South Guth Park Ball Field Relocation Project. Bill Kopecky, 3609 Topeka, asked why the Corpus Christi independent School District (CCISD) land was not being considered for this project. City Manager Noe said staff considered the property and would like to acquire this site for future additional recreation facilities. Mr. Kopecky also spoke regarding the Naval Air Station Ground Electronics land; traffic on Paul Jones Avenue; and eminent domain. Council Member Hummell asked whether the resolution authorizes the City to take this property by eminent domain and if there was a way to negotiate the purchase of this property instead of eminent domain. Interim Director of Engineering Services Kevin Stowers said the resolution is to establish the declaration of necessity for the land allowing the acquisition by means of negotiations or the use of eminent domain and explained the process. Mr. Stowers said staff will advise the Council should negotiations not be reached prior to taking steps of eminent domain. City Secretary Chapa polled the Council for their votes as follows: 22. JOLUTION NO. 027521 Resolution determining a public necessity to acquire fee simple title to the surface estate only to three parcels of land for a ball field relocation project known as the South Guth Park Ball Field Relocation Project { #3337 }, from the owners William H. Shireman, et al (Parcel 1), Vickers Family Trust (Parcel 2), and Noy Shockley, et tax (Parcel 3), for the public purpose and use as a ball field park and for other related park purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez Mar was absent. Mayor Garrett opened discussion on Item 23 regarding the abandoning and vacating request by MG Building Materials. John Kelley, 413 Waco, spoke regarding the City vacating property and the use of property for pedestrian paths. Council Member Rummell asked questions regarding the payment of fair market value being waived. Deputy Director of Development Services Johnny Perales said staffs recommended is to waive the fair market value because the City does not have a vested right to the property as it is platted. Mr. Perales added that the City needs to abandon and Minutes — Regular Council Meeting December 11, 2007 -- Page 10 vacate the easement so that the owner can replat the property. In response to Council Member McCutchon, Mr. Perales said the easement splits property lines. City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 027522 Ordinance abandoning and vacating an 8,145.72- square foot portion of a 7.5-foot wide electrical and communications easement (Tract 1) and a 26,353.80-square foot portion of an electrical and communications easement (Tract 2), out of Lot 8, Block A, Jo Iin Tract, located north of and adjacent to the South Padre Island Drive (SH 358) public right-of-way; and east of the Rodd Field Road street right-of-way; requiring the owner, MG Building Materials, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, ll, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. ** * ****** * err* * Mayor Garrett referred to Item 42, a presentation on the 19th Annual "Feast of Sharing." Assistant to the Mayor Linda Lewis and representatives of the "Feast of Sharing" Committee provided an overview of the activities for the "Feast of Sharing" event which will be held at the American Bank Center on Monday, December 24th from 11 :00 a.m. to 3:00 p.m. . Mayor Garrett referred to Item 43 regarding a presentation on Oso Creek/ o Bay Greenbelt, Parks and Trail System Master Plan. Director of Parks and Recreation Sally Gavlik referred to a powerpoint presentation including background of the plan; goals to be accomplished; steering committee development priorities; design concepts; current projects; and conclusion. Council members asked questions regarding the Coastal Bend Land Trust; property acquired and owned; expansion of the plan to the northwest; easement rights in front of Oso Creek; public green belt along waterways; how much frontage along Oso Creekiprivate; funding sources; timeframe for construction; cost breakdown and estimates; and scheduling updates. * * * * * * * * * * * * * Mayor Garrett referred to Item 25, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1007 -03, Gary D. Gray: A change of zoning from an `i1 -2" Light Industrial District to an {`1 -" Heavy Industrial District, resulting in a change of Ind use from vacant to heavy industrial for Whelan Tract Unit 2, Block 1, Lot 4, located on High Starr Drive, approximately 475 feet north of Leopard Street. City Secretary Chapa stated that the Planning Commission and staff recommended denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of an "1 -2" Light Industrial Districtwith a Special Permit allowing for the installation and operation of three (3) cryogenic vessels, one 1 CO2 tank, a propane vessel, a propylene vessel, and the 2,400 square foot cylinder filling facility and operations building, subject to a site plan, and approval by the Fire Marshal and Zoning Board of Adjustment. No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes Minutes -- Regular Council Meeting December 11, 2007 — Page 11 as follows: 25. ORDINANCE NO. 027524 Amending the zoning ordinance, upon application by Gary D. Gray, by changing the zoning map in reference to Whelan Tract Unit 2, Block 1, Lot 4, from ;`I -2'} Light Industrial District to "I-2/SP" Light Industrial District with a special permit to allow for the installation and operation of three (3) cryogenic vessels, one (1) 002 tank, a propane vessel, a propylene vessel, and the 2,400 square foot cylinder filling facility and operations building, subject to a site plan and approval by the Fire Marshal and Zoning Board of Adjustment; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing for 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, Cooper, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Elizondo and Marez were absent. Mayor Garrett referred to Item 26, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1107- 1 t Turner Industries, LLB: A change of zoning from a "R-1B" One - family Dwelling District to a "B^4" General Business District on Tract 1 (3.726 acres) and "1 -3" Heavy Industrial District on Tract 2 (31.926 acres) on property described as 3.726 acres of land (Tract 1 ) and 31.925 acres of land (Tract 2) both out of the Consolidated El Paso Irrigation & Manufacturing Company State Survey 500, Abstract 582, located at the intersection of 1H -37 and Clarkwood Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B-4" General Business District on Tract 1 and denial of the "1 -3" Heavy Industrial District on Tract 2, and in lieu thereof, an "I-2/SP" Light Industrial District with a Special Permit on Tract 2 and subject to five (5) conditions. No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 26. ORDINANCE NO. 027525 Amending the zoning ordinance, upon application by Turner Industries, LLD, by changing the zoning map in reference to Consolidated El Paso Irrigation & Manufacturing Company State Survey 500, Abstract 582, from "F -1 B" One - family Dwelling District to "B-4" General Business District on Tract 1 (3.726 acres) and "I-2/SP" Light Industrial District with a Special Permit to allow for the development of a pipe fabrication facility on Tract 2 (31.926 acres); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty, providing for publication. Are emergency wa declared, and the foregoing ordinance wa passed and approved with the following vote: Garrett, Cooper, Eli undo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett referred to Item 27, and a motion was made, seconded and passed to open the following public hearing: Minute — Regular Council Meeting December 11, 2007 — Page 12 Public hearing and First Reading Ordinance to consider abandoning and vacating a 2.975 acre tract of undeveloped and unsurfaced, dedicated public right-of-way (Del Oso Road), out of Lots -, Section 16, and Lots 1-3, Section 17, Flour Bluff and Encinal Farm and Garden Tracts, located west of the Ennis Joslin Road public right -of -way, and south of the South Alameda Street public right -of -way, subject to compliance with the specified conditions. John Kelley, 3621 Austin, asked the Council to consider rejecting staffs recommendation and make this area a pedestrian pathway. City Manager Noe said this item is related to the transaction with Texas A & M University — Corpus Christi. Interim Assistant City Manager Angel Escobar stated that this portion of the property will be retained by the City as part of the Oso Golf Course cart paths. Council Member Hummell asked questions regarding the location of the platted area. Staff responded. Ms. Martinez made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 27. FIRST READING ORDINANCE Ordinance to consider abandoning and vacating a 2.975 acre tract of undeveloped and unsurfaced, dedicated public right -of -way (Del Oso Road), out of Lots 6-7, Section 16, and Lots 1-3, Section 17, Flour Bluff and Encinal Farm and Garden Tracts, located west of the Ennis Joslin Road public right -of -way, and south of the South Alameda Street public right -of- way; subject to compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett called a brief recess to present proclamations and listen to public comment, Mayor Garrett called for petitions from the audience. Nita Smith, 13518 King Phillip Court, spoke regarding attempts to have the Building Inspections Department enforce building and construction codes at o home in her neighborhood. Wendell Williams, 1408 Stillman Avenue, spoke regarding street sweeping in the Hillcre t area. John Kelley, 3621 Austin, spoke regarding the police firing range. Joan Veith, 5701 Cain Drive, invited the Council to attend the Corpus Christi Barrios Association Christmas Breakfast at La Siesta Restaurant taurant on December 15th at 9:00 a.m. John Watson, Managing Director of the Arts Center, thanked the Council for increa ing funding for the Arts center. Rosemary Reed spoke regarding drainage problems at Northwest Estates due to the removal of dirt to create a retention pond. Phil Rosenstein spoke regarding the condition of Lindale Senior Center and including improvements in the 2008 Capital Improvement Program. J.E. O'Brien, 4130 Pompano, spoke regarding the use of eminent domain and City appointments. Ram Chavez, 1 642 Sandalwood Drive, thanked the City for their partnership with locating sites for a veteran's cemetery. Pat Suter, 1002 Chamberlain, spoke regarding recycling efforts. Susie Luna Saldana, 4710 Hakel# spoke regarding input on agenda items not being allowed during the public comment section. Dan Vera, 818 Savage Lane, spoke regarding increased utility rates. City Secretary Chapa announced that Item 28 has been rescheduled for the January 8, 2008 meeting. Minute — Regular council Meeting December 11, 2007 -- Page 13 28. RESCHEDULED FOR 1/08/08 Mayor Garrett opened discussion on Item 30 regarding the debt management policy. Director of Financial Services Cindy_ O'Brien introduced Financial Advisor Mark Seal with M.E. Allison and Bond Counsel Jeff Leuschel with McCall, Parkhurst & Horton, L.L.P. M. O'Brien referred to a powerpoint presentation including the purpose of the policy; objectives; responsibilities, debt instruments; debt limits; coverage requirements; fund balance requirement; methods of sale; debt financing tools; and other topics included in the policy. J.E. O'Brien, 4130 Pompano, spoke regarding revenue bonds and asked the Council to adopt a policy to not issue revenue bonds in excess of the amount paid off the preceding year. City Secretary Chapa polled the Council for their votes as follows: 30. RESOLUTION NO. 027526 Resolution approving a Debt Management Policy for the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Mare z, and Martinez, voting "Aye "; EIi ortdo was absent. Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 44. Executive session under Texas Government Code Section-551.071 regarding Cause No. C - G-7-4- - , Ruben n Galy n vs. City of Corpus Christi et al, in the United States District Court, 45. Executive session under Texas Government Code Section 551.071 regarding legal services agreement with Paul Gosselink of Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C. for assisting the City of Corpus Christi with litigation regarding the Gulley Hurst Landfill, at an hourly rate of $250, subject to certification of funds, with possible discussion and action related thereto in open session. 46. Executive session under Texas Government code Section 551 .071 regarding legal services agreement with Martin Rochelle of Lloyd, Gosselinki Blevins, Rochelle helle & Townsend, P.C. for assisting the City of Corpus Christi with litigation regarding the Greenwood Wastewater Treatment Plant, at an hourly rate of $250, subject to certification of funds, with possible discussion and action related thereto in open session. 47. Executive session under Texas Government Code Section 551.071 regarding Texas Commission on Environmental Quality RN101610327 and RN101610400, Docket No. 2007 -_ 1436 -MV --E; Enforcement Case No. 34626, with possible discussion and action related thereto in open session. Minutes — Regular Council Meeting December 11, 2007 — Page 14 The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: 45. MOTION NO. 2007-318 Motion t execute a professional legal services agreement with Paul Gosselink of Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C. for assisting the City of Corpus Christi with litigation regarding the Gulley Hurst Landfill, at are hourly rate of $250, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye" 46. MOTION NO. 2007-319 Motion to execute a professional legal services agreement with Martin Rochelle of Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C. for a si ting the City of Corpus Christi with litigation regarding the Greenwood Wastewater Treatment Plant, at an hourly rate of $250, subject to certifications of funds The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye ". 47. MOTION NO. 2007 -320 Motion authorizing the City Manager to execute the proposed agreed order with Texas Commission on Environmental Quality (TCEQ) Enforcement Case No. 34626 and to take further action required thereby. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Are" Mayor Garrett referred to Item 29 regarding House Bill 621. Director of Financial Services Cindy O'Brien referred to a powerpoint presentation including the purpose of the presentation; background of HB 621; the impacts of HB 621; options to "opt -out" of exemption; option to not"opt- out"; and staffs recommendation. Council Members asked questions regarding requests from the Port Authority for opting out or exempting the property; option of reversal; the current Freeport exemption; and if opting out keeps the Freeport exemption in place. A motion was made, seconded and passed to open the following public hearing: Public hearing and First Reading Ordinance authorizing the City of Corpus Christi to tax tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. No one appeared in opposition. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting December 11, 2007 — Page 15 29. EJflST READING ORDINANCE Ordinance authorizing the City of Corpus Christi to fax tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, ll, Kelly, Leal, McCutchon, Mara , and Martinez, voting ,Aye " Mayor Garrett opened discussion on Item 31 regarding the FY2008 Capital Budget and Capital Improvement Planning Guide. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the FY2008 Capital Budget revenues and expenditures; three- year revenues by category and program expenditures; CIP planning guide major sections; utility project financing cycle; and proposed cost of service rates for water, wastewater, and gas. Council members asked questions regarding the flexibility of commercial paper; consistency of the use of commercial paper; percentage increase for largo volume users; the reason the revenue for grants is projected to decrease by 2010; outside city limits customer information; the average size of a water line for a residential home; the determination for the level of priority of capital budget expenditures; percentage of funding already accounted for by prior activity; consolidation and refinancing of bonds; refinancing of Tax Increment Financing Zone No. 2, identification of additional streets; estimated project-to-date expenditures for the Doddridge Street improvements; problems created by storm water projects; impact fees; the elevated water storage tank on Padre Island; increase for street projects; certificates of obligation funding projects; shortage of materials for street repair; the possible inclusion of streets (Kostoryz Road from Staples Street to McArdle Road; Ayers Street at Gollihar Road and South Padre Island Drive; Rodd Field Road and Williams Drive; and Yorktown Boulevard). There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 31. FIRST READING ORDINANCE Approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye", Mayor Garrett opened discussion on Item 32 regarding an amendment to the platting ordinance. City Manager Noe said this item was the second reading of the proposed changes related to park fees. Council Members asked questions regarding council recommended changes incorporated in the ordinance and the current and proposed amount of land dedicated to parks in a single family area. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting December 11, 2007 — Page 16 32. ORDINANCE NO. 027527 Amending the City of Corpus Christi Platting Ordinance by repealing Section IV. G. `Parks and Playgrounds," and adopting a new Section IV. G. "Public Open Space, " to provide for the dedication of park and public open space on the platting of property, the creation of a community enrichment fund and payments thereto, payment of fees in lieu of and dedication, payment of a park development fee, providing for park development improvements, providing for dedication of land or payment of fees after filing of the plat for the property and upon the replat of property, and providing for review of dedication requirements; providing a repealer clause; providing a penalty clause; providing for publication; and providing for an effective date. (First Reading 11/13/07) The foregoing ordinance wa passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, M Cut hon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 33 regarding consideration of an appeal by Rolando Garza regarding the Corpus Christi Cable Communications Commission. Mayor Garrett explained the procedures of the appeal process. Assistant City Attorney Lisa Aguilar referred to a powerpoint presentation including the rules and procedures for Public Access Cablecasting; requirement for program identification; Public Access Users Group (PAUG) violation notice; and the appeal process to the City Council. Roland Garza provided a background of his public access program and said the notice of violation was sent incorrectly; he stated that there was no evidence of the alleged violation; and that he did not attend the Cable Communications meeting because he was not aware the violation was directed for him. Connie Gutierrez, Chairman of the Cable Communications Commission, ion, said Mr. Garza was provided with notification by mail and failed to attend the two meetings of the Cable Communications Commission sion to discuss his violation. Holly Houghton, E- Government Services, said she resent Mr. Garza the notice of violation from August 2rd and contacted Mr. Garza by phone regarding the meetings of the Cable Communications Commission. ion. Jack Gordy, PAUL, said he hand delivered the violation IetterofAugust 2nd to Mr. Garza. Council members asked questions regarding whether Mr. Garza's show has aired since the violation; the penalty or options had Mr. Garza attended the Cable Commission meeting; documentation of additional letters sent to Mr. Garza; whether the Cable Commission had another address; conversations between Ms. Gutierrez and Mr. Garza; if Mr. Garza received the August 2nd and/or August 21st letter addressed to him; the possibility that Mr, Garza's show did not have the appropriate tag; who contacted Mr. Garza after he did not appear at the first Cable Commission meeting; if Mr. Gordy had a conversation with Mr. Garza after the August 13th Cable Commission meeting; when Mr. Gordy hand delivered the violation letter; if Mr. Garza was aware he was obligated to appear before the Cable Commission; ion; the different versions of the August 21st letter; Mr. Garza's correct address; verification that Mr. Garza received the letters; violation of rules; if Mr. Garza informed staff that he received an incorrectly addressed letter; the 60 day automatic removal of the show; and the severity of the consequences for not attending the Cable Communications Commission meeting. Ms. Martinez made a motion to refer the alleged violation by Rolando Garza to the Cable Communication Commission for their review and consideration. Mr. Elizondo seconded the motion. City Secretary Chapa polled the Council for their votes as follows: Minutes -- Regular Council Meeting December 11, 2007 — Page 17 33. MOTION NO._ 2007-316 Motion to refer the alleged violation by Rolando Garza to the Cable Communications Commission for their review and consideration. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, and Martinez, voting ,Aye "; Hummell, Leal, McCutchon, and Marez, voting "No" Mayor Garrett opened discussion on Item 34 regarding the Corpus Christi Business and Job Development Corporation (4A Board) and Turner Industries. Director of Economic Development Irma Caballero said staff is recommending the approval of a performance based agreement between the 4A Board and Turner Industries and a project agreement with the 4A Board to implement and administer the agreement with Turner Industries. Ms. Caballero provided a background of the project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 34.a. RESOLUTION NO. 027528 Resolution approving a Performance Based Agreement between the Corpus Christi Business and Job Development Corporation (LIA Board) and Turner Industries Group, L.L.C. granting $1850000 in business incentives for the capital investment ent of $10,000,000 and the creation and retention of 185 full - time jobs. The foregoing resolution was passed and approved with the following vote: Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Garrett and Leal were absent. 34.b. RESOLUTION N . 027529 Resolution authorizing the City Manager or his designee to execute a Project Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives to Turner Industries Group, L.L.C., for the capital investment of $10000000 and the creation and retention of 185 full time jobs. The foregoing resolution was passed and approved with the following vote: Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye": Garrett and Leal were absent. Mayor Garrett opened discussion on Item 35 regarding the Corpus Christi Business and Job Development pment Corporation (4A Board) and Texas A M University — Corpus Christi TAM -CC . Director of Economic Development Irma Caballero said this program is collaboration between the City, TAM -CC, Del Mar College, and WorkSource to provide an internship for small business programs. Emily Martinez, Economic Development, stated that staff is requesting approval of a performance based agreement between the 4A Board and TAMU -CC and a project agreement with the 4A Board to implement and administer the agreement with Texas A M University Corpus Christi. Ms. Martinez provided information on the services, program outcome; performance requirements; and payment requirements. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting December 11, 2007 -- Page 18 35.a. RESOLUTION NO, 027530 Resolution approving a Performance Based Agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and Texas A &MUniversity- Corpus Christi granting $125,929 in business incentives for the operation of an Intern Program to assist small businesses in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, ll, I lly, Leal, McCutchon, M r z, and Martinez, voting "Are" 35.b. RESOLUTION NO. 027531 Resolution authorizing the City Manager or his designee to execute a Project Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives to Texas A &M University- Corpus Christi for an Intern Program to assist small businesses in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 36 regarding the Corpus Christi Business and Job Development Corporation (4A Board) and Del Mar College. Ms. Martinez said the item is a request for approval of a performance based agreement between the 4A Board and Del Mar College for operation of an interns program to assist small businesses and a project agreement with the 4A Board to implement and administer the agreement with Del Mar College. Ms. Martinez provided information on the program outcome and payment requirements. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 36.a. RESOLUTION NO. 027532 Resolution approving a Performance Based Agreement between the Corpus Christi Business and Job Development Corporation {4A Board) and Del Mar College granting $130,927 in business incentives for the operation of an Intern Program to assist small businesses in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye"; Cooperwas absent. 36.b. F ES LUTI N NO. 027533 Resolution authorizing the City Manager or his designee to execute a Project Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives to Del Mar College for an Intern Program to assist small businesses in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marren, and Martinez, voting "Aye"; Cooperwas absent. Minutes — Regular Council Meeting December 11, 2007 — Page 19 Mayor Garrett opened discussion on Item 37 regarding the Corpus Christi Business and Job Development Corporation (4A Board) and WorkSource. Ms. Martinez said the item is a request for approval of a performance based agreement between the 4A Board and WorkSource for operation of an interns program to assist small businesses and a project agreement with the 4A Board to implement and administer the agreementwith WorkSource. Ms. Martinez provided information on the services, program outcome, performance requirements; and payment requirements. There were no comments from the audience. City Secretary Chapa polled the Council fortheirvotes as follows: 37.a. RESOLUTION NO. 027534 Resolution approving a Performance Based Agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and WorkSource of the Coastal Bend granting $22740 in business incentives for the operation of an Intern Program to assist small businesses in Corpus Christi. The foregoing resolution was passed and approved with the } following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, tar , and Martinez, voting "Aye"; Cooperwas absent. 37.b. RESOLUTION NO. 027535 Resolution authorizing the City Manager or his designee to execute a Project Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives to WorkSource of the Coastal Bend for a Program to assist small businesses in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal} McCutchon, Mar , and Martinez, voting `Aye "; Cooperwas absent. Mayor Garrett opened discussion on Item 38 regarding the Corpus Christi Business and Job Development Corporation (4A Board) and Service Corps of Retired Executives (SCORE). Emily Martinez, Economic Development, explained this item is a request for approval of a performance based agreement between the 4A Board and SCORE to assist small and start -up businesses in Corpus Christi and a project agreement with the 4A Board to implement and administer the agreementwith SCORE. Ms. Martinez provided information on the services, program outcome, and performance requirements. Gaston West, SCORE Program, said small businesses are the engine that drives the economy. y. City Secretary Chapa polled the Council for their votes as follows: 38.a. RESOLUTION NO. 027536 Resolution approving a Performance Based Agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and Score Chapter 221 granting $29,167 in business incentives for the operation of a Program to assist small and startup businesses in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye" Minute — Regular Council Meeting December 11, 2007 — Page 20 38.b. F ESOLUTiON NO. 027537 Resolution authorizing the City Manager or his designee to execute a Project Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives to Score Chapter 221 for a Program to assist small and startup businesses in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 30 regarding affordable housing projects. Director of Neighborhood Services vonne Haag provided information on the proposed amendments between the 4A Board and the Nueces County Community Action Agency and John Mikulencak, . b.a. Extreme Homes of Texas. Council Member Kelly asked questions regarding the pricing of homes in the area. Rudy Cantu, Nueces County Community Action Agency, said the homes in the Carver Subdivision are priced at $63,000. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 39.a. RESOLUTION No. 027538 Resolution authorizing the City Manager or his designee to execute the second amendment to the contract between the Corpus Christi Business and Job Development Corporation and Nueces County Community Action Agency for a pilot infill housing project, to extend the term of the program agreement until November 19, 2008, and to expand the area boundaries of the project. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye" 39.b. RESOLUTION No. 027 Resolution authorizing the City Manager or hi designee to execute the first amendment to the contract between the Corpus Christi Business and Job Development Corporation and John Mikulencak, d.b.a. Extreme Homes of Texas for new construction homebuyers assistance project, to extend the term of the program agreement and to adjust the amount of the loan of funds to a maximum m of $20,000, and the terms of the loan to a deferred forgivable loan and amortized for a term provided by other HUD supported programs. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye" Mayor Garrett opened discussion on item 40 regarding a letter of intent to the Texas General Land Office. City Manager Noe said the resolution is requesting that the State allocated funding for erosion related project. Council Member McCutchon stated that this program is to achieve funding for beach erosion and sargassam. City Secretary Chapa polled the Council for their votes as follows: Minute — Regular Council Meeting December 11, 2007 -- Page 21 40. RESOLUTION N . 027540 Resolution requesting Mayor Henry Garrett to send a Letter of Intent to the Texas General Land Office for the funding of the importance of beach maintenance; directing the City Secretary to send a certified copy of the resolution to the Texas General Land Office; providing for findings of fact and providing for an effective date. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, M Cut h n, Mare z, and Martinez, voting "Aye'}. Mayor Garrett opened discussion on Item 41 regarding the appointment of Mike Carrell to the Port of Corpus Christi Authority of Nueces County, Texas. Council Member Hummell stated that the legal issues that need to be addressed include the facts; the law; and how the Council can resolve the situation. Mr. Rummell provided a legal opinion by Attorney Hal George. Mr. Rummell said he agreed with the findings by City Attorney Mary Kay Fischer that there is not a Texas case on this subject. Mr. Rummell said the City should reference secondary sources to make an evaluation on the propriety of the appointment based on the fact that if the appointment was not valid, the actions of the Port Authority could be void. Mr. Rummell provided a review of the analysis by Ms. Fischer and Mr. George. Council Member Cooper asked Mr. George who retained him to provide the report. Mr. George said Mr. Rummell retained his services to provide the report. Ms. Cooper said there is no Texas law indicating that the appointment could or could not be made. Ms. Cooper expressed her support of Mike Carrell and his service as a Port Commissioner. Council Member Elizondo said the conversations on this item are primarily driven by the fact that the current Council was denied the opportunity to appoint an individual to the Port. Mr. Elizondo added that the discussions today will provide options to either establish appointment policies or challenge the actions of a previous Council. Council Member Kelly asked Mr. George if there was any question that council has the authority to make appointments to the Port Authority. Mr, George responded as long as there is a vacancy. Mr. Kelly asked Mr. George if there was a federal, Texas State case, or statute that says the position has to be vacant. Mr. George said he did not find such research. Mr. Kelly spoke regarding the finality of the appointment. Council Member Leal said she believed that the Port appointment was done to take away the current Council's right to vote. Council Member Martinez asked City Attorney Fischer if in her opinion, the appointment made by the prior City Council was legal. City Attorney Fischer answered yes because there is no Texas case law that dictates that the appointment was invalid. Ms. Martinez commented that Mr. George's brief was based on predictive interpretation. Ms. Martinez said the Council should move forward and have a policy in place regarding future appointments to City boards, commission and committees. Ms. Martinez stated that she would rely on Ms. Fischer's opinion and thanked Mike Carrell for his service. A motion was made by Ms. Martinez directing staff to bring back a policy for council consideration regarding future appointments to boards, commissions and committees, seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows: 41. MOTION i . 2007 -317 Motion directing staff to develop a policy for council consideration regarding future appointments to boards, commissions and committees. Minutes -- Regular Council Meeting December 11, 2007 — Page 22 The foregoing motion was passed and approved by the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez voting "No", Council Member Marez said he was glad that the Council would have a policy. Mr. Marez stated that there was no attempt to circumvent the new Council. Mr. Marez added that his vote in March was for the best person possible and believed that Mike Carrell would have Council support. Council Member McCutchon said the most important appointment is to the Port Authority. Dr. McCutchon added that the Council should have had the opportunity to assess the actions of the Port and the City's appointees which reflect the community. Dr. McCutchon questioned the legality of the appointment. City Attorney Fischer said her opinion is that the appointment is valid until a court rules in the State of Texas that this appointment is invalid. Ms. Fischer added that she can't predict what a court will do. Dr. McCutchon felt there the Council should have redone the appointment and had no doubt that Mr. Carrell would not be appointed. Council Member Hummell asked City Attorney Fischer if it was still her opinion that the Council can't take action. City Attorney Fischer stated that in her opinion, the appointment is valid until a court rules that it is invalid and because the Council does not have the authority to remove. John n Kelley, 3621 Austin, spoke regarding the accountability for the previous actions taken by Council. Carolyn Moon, 4902 Calvin, spoke in support of the appointment policy. Mike Carrell said he appreciated the confidence of the previous Council and asked for a vote of confidence from the current Council. Butch Escobedo, #3 Great Lakes, said the actions taken by the previous Council should not be overlooked. Roland Garza spoke regarding ethical decisions and constitutional rights of the media. Robert Cagle, Repco, said the Port moving in right direction and there is a need to keep current team in place Mayor Garrett called for Council concerns and reports. Council Member Leal made an announcement about her grandson, Dennis Michael Chavez, has joined the military. M. Leal thanked all City employees for their hard work. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 6:08 p.m. on December 11, 2007. 2 a. CITY COUNCIL'S YOUTH ADVISORY COMMITTEE TEE — Seventeen (17) vacancies with terms to 11-08-09 representing the following categories: 2 — District 1, 2 -- District 2, 2 — District 3, 2 — District 4, -- District 5, and 7 — At Large. DUTIES: To assist and advise the City Council on city youth issues; conduct surveys and determine the concerns and interest of the youth of Corpus Christi; encourage youth leadership and responsibility through volunteerism and community involvement; create opportunities for public discussion of youth issues through meetings, workshops ps nd conferences; look for ways to promote understanding, respect and community involvement among youth groups of all cultures and backgrounds and assist in planning, recommending and implementing youth activities. COMPOSITION: Seventeen (17) members recommended by the Youth Committee and appointed by the City Council. The members shall be composed of students in grades 9 through 12 that are City residents with representatives as follows: at least two (2) members from each of the five (5) City Council districts and seven (7) members at large. Each member must be enrolled in a public, private, parochial, or home school, located in one of the following Texas Counties: Nueces, San Patricio, Kl berg or Aransas. Each member's term automatically expires three months after high school graduation. An annual meeting will be held in May for the election of officers. MEMBERS +Erica Longoria (District 1) +Jonathan Flack (District 1) ** *Adan Zamora (District 2), Chair * *Jamie Lee Villanueva (District 2) +Page Morris (District 3) *Maranda Roschetcky (District 3) **Jennifer Gordon (District 4) **Joseph Trevino (District 4) *Ryan Ashley Chapa (District 5) *Carolyn Bethelot (District 5) *Analicia Banales (At Large) *William Crocker (At Large) +Jordan Eiben (At Large) **Olivia Michelle Dowling (At Large) **Lauren Lee (At Large) *Horacio Villarreal (At Large) * lecklin Ragan (At Large) L end: *Seeking reappointment **Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance +Not eligible per ordinance TERM 11 -8 -7 11 -08-07 11 -8 -7 11 -08-07 11-08-07 11-08-07 11-08-07 11-08-07 11 -08-07 11-08-07 11-08-07 11-08-07 11 -8 -7 11-08-07 11-08-07 11 -8 -7 11 -8 -7 ORIGINAL AI'ETD, DATE 12-20-05 10-10-06 12-20-05 10-10-06 10-10-06 12-20-05 10-10-06 10-10-06 12-20-05 12-20-05 1-16-07 12-20-05 12-20-05 1-16-07 10-10-06 1-16-07 10-10-06 (Note; The City Council's Youth Advisory Committee is recommending the reappointments of Maranda Roschetcky (District 3), Ryan Ashler Chapa (District 5), Carolyn Berthelot (District 5), Analicia Banales (At Large), William Crocker (At Large), Horacio Villarreal (At Large), and Mecklin Ragan (At Large) and the new appointments of Marcos Bustamante me (District Adriana Rios (District 2), lntonie Bassett (District 4), Amy Legamaro (District 4), and James Ragan (At Large). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT O. OF MTGS. NAME THIS TERM Maranda Roschetcky Distict 3) 4 Ryan Ashley Chapa (District 5) 4 Carolyn Berthelot (District 5) Analicia Banales (At Large) 4 William Crocker (At Large) 4 Horacio Villarreal (At Large) 4 Mecklin Ragan (At Large) 4 NO. % OF ATTENDANCE PRESENT LAST TERM YEAR 4 100% 50% 100% 3 75% 100 % 3 75% 4 100% OTHER INDIVIDUALS EXPRESSING INTEREST DISTRICT 1 Marcos Daniel Bustamante Junior, Tuloso Mid ra r High School. Activities include: Varsity Band — Marching and Jazz, Youth Group and Praise and Worship Band at Church, Driscoll Children's Hospital Volunteer, and J..T'.S. Team. (11-6-07) Tori A. Thomas DISTRICT 2 Liana Blanco Adriana De Los Rios Senior, Roy Miller High School. Activities include: Basketball, Bay Fest and City of Corpus Christi Recreation Department Volunteer for Halloween Carnival and Church Activities. (349-07) Senior, W. B. Ray High School. Activities include: Whataburger Field Volunteering, Walk for Autism, Blood Donor, Plant a Tree, and Bab sitting. (11- (11- 21-07) Junior, W. B. Ray High School. Activities include: NJROTC and Lindale Recreation Center. (11-21- 07 DISTRICT William T. Tortorello Alfredo Andrew Zamora HI DISTRICT Sophomore, West Oso High School. Activities include: Basketball, Football, College for Kids — Texas A&M Program. (11-1-07) Senior, Mary Carroll High School. Activities include: Football, Boxing and S iinming. (11-7- 07) Jessica Barker Senior, Flour Bluff High School Activities include: Adoption Awareness, Trick or Treat So Kids Can Eat Food Drive, Ryla Youth leadership Counselor, and Hands to Honduras. (12-6-07 Antonie Bassett Freshman, Flour Bluff High School. Activities include: Student Council, Basketball, University Preapatory High School, and St. John Baptist youth Ministry. (11-13-07 Amy Legamaro Senior, Flour Bluff High School. Activities include: Soccer, Beach Clean Up, Prepares Food Baskets and Other Activities at Church. (11-6-07 DISTRICT_5 Brandon Del Nano Senior, Richard King High School. Activities include: King Tennis Varsity Team, Church Youth Mission, Band UM and Volunteer at Church Vacation Bible School. (11-6-07 Miles Kane Senior, Richard King High School. Activities include: NCCT Youth Council, Nueces County Teen Leadership, Mu Alpha Theta Club, and junior varsity tennis. (9-10-07 Neerav Mangipudi Senior, Mary Carroll High School. Activities include: Driscoll Children's Hospital Volunteer, Boy Scouts Troop 232 Member — Eagle Scout, Coastal Bend Youth Association Member, Tennis, National Honor Society, and Chemistry Club Vice- President. (4-3-07) Sabas "Peter" Perez Senior, Richard King High School. Activities include: King Tennis Booster Club and team, Key Club, The National Hispanic Institute and former student council member. (11-747) James A. Ragan Freshman, Mary Carroll High School. Activities include: Fundraiser and Lobbyist for M. D. Anderson and Driscoll Children's Hospital for Pediatric Cancer, Golf, and Junior Statesmen of America. 49 -7 Andrew A. Riley Senior, Mary Carroll High School, Activities include: Express Soccer Club, Carroll Soccer Team, People to People World Leadership Forum, alter server, and volunteer for Salvation Army Christmas Toys, Books and Food Distribution. (11- 1-07) Ryan Rios James Roperes Senior, Mary Carroll High School. Activities include: HEB Feast of Sharing, Bayfest Volunteer, and organize Breast Cancer Awareness activiti b. MARINA ADVISORY COMMITTEE — Nine (9) vacancies with terms to 124 8-09 representing the following categories: 1 — scientist, i.e. marine biologist, 1 — engineer, 1 — environmentalist, 1 — representative of a restaurant located within the boundaries of the marina, and 5 — citizens. (Note: The ordinance states that members who served on the previous WaterShore Advisory Committee shall be appointed to the initial two-year term of f the Marina Advisory Committee, subject to City Council approval, along with such other persons appointed by City Council as necessary to total nine members for the committee.) DUTIES: To advise and make recommendations regarding development, use, or preservation of the marina, including the following: (1) assist the City Council in providing for the orderly, planned development and use of the marina; review the annual and capital improvement budgets regarding the improvement and maintenance of the facilities upon the marina; and review and recommend to the City Council the feasibility of development, improvements, maintenance or proposed uses for the marina. COMPOSITION: Nine (9) members appointed by the City Council for two-year terms. The membership shall include one (1) Scientist, Le. Marine Biologist, one (1) and one (1) Environmentalist; one (1) shall be a representative of a restaurant located within the boundaries of the marina. The Chairperson of the Marina Advisory Committee shall act as an advisor to the Park and Recreation Advisory Committee and vice versa. INDIVIDUALS EXPRESSING INTEREST SCIENTIST (One Vacancy) John Adams Research Specialist, Blucher Institute — Texas A &M University- Corpus Christi. Received BS in Biology from Corpus Christi State University and MS in Biology from Texas A &M University- Corpus Christi. Activities include: Vice-chair of Surfrider Coastal Bend Chapter. (8-28-07 Johnny French Retired Senior Fish and Wildlife Biologist, United States Fish and Wildlife Service. Received MS in Fisheries from Texas A &M University. Activities include: Tending Butterfly Garden at Hans and Pat Suter Refuge, attend Coastal Bend Regional Water Planning Group meetings, and manage e -mail group on activities affecting water supplies for South Texas. Received Coastal Bend Bays Foundation 2005 Conservation and Environmental Stewardship Award. (11-6-07 Jay Gardner Gilbert Landin Jerry Lipstreu Robert Vega Environmental Scientist, Naismith Engineering, Inc. Received Bachelor of Science from Texas A&M- Corpus Christi. Previously a Teaching Assistant at Texas A &M- Corpus Christi. Activities include: Executive Board Member of the Coastal Conservation Association (CCM- Corpus Christi Chapter and Marine Debris Committee. (11-6-07) CEO, Mindgames Computer Services. Received BS in Biology from Corpus Christi State Universi ENVIRONMENTALIST (One Vacancy) John Adams Hal Suter Research Specialist, Blucher Institute — Texas A&M University- Corpus Christi. Received BS in Biology from Corpus Christi State University and MS in Biology from Texas A &M University-Corpus Christi. Activities include: Vice-chair of Surfrider Coastal Bend Chapter. (8-28-07) Self-Employed. Received B.A. in Political Science. Activities include: Coastal Bend Sierra Club, Representative for State Executive Committee, and Chair of Beach Access Coalition. Recipient of Toastmaster Awards. (9-20-07) REPRESENTATIVE OF A RESTAURANT (One Vacancy) Nils St l lechner General Manager, Omni Hotels. B.A., Business. Consultant to the Wind & Water Games. Former Member of Downtown District Improvement, Los Angeles, California; Swiss Hoteliers Association, Switzerland; Lu erne/Kriens Convention & Visitors, Switzerland. - 28-07) CITIZENS - (FIVE VACANCIES - NOTE: ALL OF THE APPLICANTS FOR THE SPECIFIC CATEGORIES ALSO QUALIFY FOR THE CITIZEN SLOTS) Marie Adams Richard Bell Senior Land manager, Esenjay Petroleum Corporation. Received BA from University of Texas, Austin. Activities include: President of Corpus Christi Concert Ballet and Advisory Board for Coastal Bend Alcohol and Drug Rehab Center "Charlies Place ". Past President of Corpus Christi Association of Professional Landmen. (8-10-07) Owner /Senior Captain, Coastal Bend Yacht Services. Retired United States Navy. Received Bachelors Degree in Management from Excelsior College. Currently a Graduate Student at Texas A &M University in Accounting. Licensed Merchant Marine Master. Activities include: Member of Sunrise Rotary Club and Serves on Building and Grounds Committee for YWCA. Recipient of Numerous Military Awards and Decorations. (3-20-07) Dr. Phillip Davis Professor, Del Mar College. Received a BS, MS, Phd in Computer Science from Texas A &M University- Corpus Christi. Activities include: Member and Former President of Downtown Optimist Club and Marina Tenant. (12-11- 07 Dr. George H. Fisher Partner /Surgeon, Ear, Nose and Throat Associates. Received B.S. from Uni Roy Pell Leo Rios Woodrow Mac Sanders Michael Shooshan Mike Singleterry Greg Turman President, South Side Automotive Spec. Inc. Received AAS Applied Science from Northern Virginia Community College. Activities include: and Chairman, Board Vice Chair for WorkSource, and Division Captain, United States Coast Guard Auxiliary. (10-8-07) Realtor, Remax Metro Properties. Activities include: Knights of Columbus, Hispanic Chamber of Commerce, Board of Directors of Coastal Bend Immigration Counsel, and Texas Political Action Committee. (9-25-07 Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science - Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (12-10-07) Self - employed. Received an Associate's degree and currently pursuing a Bachelor's in Engineering. President of Oak Park Neighborhood Association and Neighborhood Watch Program. Participant in Citizen's Police Academy. (9-14-07) Self - Employed, Professional Fishing Guide. Activities include: Coastal Bend Guides Association. Licensed United States Coast Guard Merchant Marine Officer. 7-07) Attorney Partner, Snapka, Turman & Waterhouse, L.L.P. Received B.S. in Criminal Justice from Texas Christian University and J.D. from University of Houston Law Center. Activities include: Weekend Regatta Chairman for Corpus Christi Midget Ocean Racing Fleet (MORE'), Life Fellow in The Texas Bar Foundation, Texas Trial Lawyers Association, and State Bar of Texas. (11-7-07) c. PARK AND RECREATION ADVISORY COMMITTEE — Two (2) vacancies with terms to 8- 23 -09. DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven 11 members appointed by the City Council, who are residents of the City and serve without compensation for a two-year term beginning August 23, or until their successor i Antonie Bassett Freshman, Flour Bluff High School. Activities include: Student Council, Basketball, University Preapatory High School, and St. John Baptist youth Ministry. (11-13-07) Elisha R. Dickerson HI Chairman, Tropical Isles Investment Club. Currently attends Texas A&M- Corpus Christi. Activities include: National Youth Crime Watch of America Member and The Rising Scholar — Texas A &M- Corpus Christi. Past Vice - President of South Texas Hispanic Baptist Youth Encampment. (4-5-07) Loretta Graham Self Employed, Graham Legal Services. Received B.A. in Chemistry and J.D. from Texas Southern University. Activities include: NAACP and Black Chamber of Commerce. Graduate of Corpus Christi Citizen Leadership Academy and Leadership Corpus Christi. Received the 2004 Consortium of Doctors Induction. (9-25-07) Melissa Hofstetter Owner, Secretarial Solutions. Currently attending Texas A &M University — Kingsville pursuing a degree in social work.. Activities include: Oso Park Neighborhood Association, Court Appointed Special Advocates (CASA), National Honor Society of Social Workers, and Spaulding for Children. (9-14-07) Nick Horak IS Manager, Nueces County Appraisal District. Received a AAS, BBA, and MBA. Activities include: Coastal Bend Chapter of The American Society of Public Administrators, Texas Association of Appraisal Districts, National Society of Hispanic MBA's. Awarded Who's Who Among Students in American Junior Colleges and Phi Teheta Kappa. (12-12-07) Kendal L. Keyes Coastal Ecologist, Texas Parks and Wildlife Department. Received a B.S. in Biology and M.S. Environmental Science from Texas A & M University — Corpus Christi. Activities include: Current member of the Animal Control Advisory Committee, Coastal Bend Bays Foundation, Sierra Club Lone Star Chapter, and Tarpon Tomorrow. (10-12-07) Billy L. Leddon Retired. Received Bachelor of Art from Wichita State University. (9-5-07 Gerald Lerma Jerry Lipstreu Jimmy Mitchell Leslie Ory Technical Services, Hagemeyer North America. Currently enrolled at Del Mar College. Member of Corpus Christi Citizens' University. (3-19-07) Area Manager, Kleinfelder. Received BA in Botany from University of Texas, Austin. Activities include: Associated Builders and Contractors Board Member, West Corpus Christi Rotary Member, and Port Aransas Boatmen member. (9-19-07) Retired Naval Officer Captain, United States Navy. Received Bachelor of Science in Biology from University of Central Oklahoma and Associate of Applied Science from Del Mar College. Activities include: Navy League. (9-21-07) Air Conditioning Repairer, Corpus Christi Army Depot. Activities include: Past Little League President for National Little League and Little League District 23 Director. (6-18-07) Cheryl Capagcs Peebles Currently working as Freelance Writer. Received degrees from University of Tulsa College of Law, J.D. and University of Missouri School of Journalism, B.J. Activities include: Artist Harpist for Art Center and Unitarian Universalist Church Choir and Worship Committee. (1-15-07) Lisa B. Polla is Restaurant Management Instructor, Del Mar College. B.S. in. Hotel, Restaurant & Institutional Management, The Pennsylvania State University. Served as the Nutrition Coordinator for Senior Community Services with the City of Corpus Christi for ten years. Activities include: Coastal Bend Restaurant Association -2nd Vice President and Club Estates Elementary PDM Committee.— (9-28-07 Carrie Robertson Owner /Operator, Third Coast Photo & Web. Received a Bachelors of Art in Photojournalism from University of Texas- Austin. Activities include: Newsletter Editor /Member of Corpus Christi Beach Association, Webmaster Member of Corpus Christi Windsurfing Association, and Adopt A Spot. (10-9-07) Don Rucker, Jr. Owner, Storecraft, Inc. Attended College. 12-10-07) Reagan Sahadi Enrique M. Salinas Sylvia Samaniego Patrick Smith Hal Suter Associate Attorney, Donnell, Abernethy & Kieschnick. Undergraduate in Business from St. Edward's Uni d. WEED AND SEED STEERING COMMITTEE — Four vacancies with terms to 11- 01- representing the following categories: 1— Site 2 and 3 — Flour Bluff Site. DUTIES: Provide program oversight and make recommendations to City Council. COMPOSITION: A total of eleven core voting members. The Department of Justice (DOJ) requires that 25% of the Steering Committee be made up of residents. The City Council shall appoint the required amount of residents to insure the program is in compliance: 2 - from Site 2 (west) and 3 — from Site 3 (Flour Bluff). One core representative shall be appointed by each of the following entities: The United States's Attorney's Office, Corpus Christi Police Department, Flour Bluff ISD, Corpus Christi ISD, Housing Authority, County Attorney's office, District Attorney's Office, Drug Enforcement Administration (DEA), a faith based person, a business person and a youth representative. A Weed and Seed Program staff member and the Park and Recreation Department Program Director shall serve as ex- officio, non- voting members. The U.S. Attorney representative will serve as Chairperson of the Committee. The Chairperson votes only in the event of a tie and becomes the tiebreaker. This committee will expire on September 30, 2008, unless funds for the program end sooner. ORIGINAL MEMBERS TERM APP'S'. DATE Debra Hohle (U.S Atty.), Chairperson Ex- officio, voting Juan Meave Jr. (Site 2) 11 -01 -0 11 -12 -02 *Frances E. Garza (Site 2) 11 -01 -07 2-14-06 Vacant (Site 3, Flour Bluff) Vacant (Site 3, Flour Bluff) Vacant (Site 3, Flour Bluff) Cmdr. Mike Walsh (CCPD) Ex- officio, voting William Grant (DEA) Ex- officio, voting Georg Johnson (CCISD) Ex-officio, voting Richard Franco (Housing Authority) Ex-officio, voting Laura Garza Jimenez (County Atty.) Ex-officio, voting Julie Carbajal (Flour Bluff ISD) Ex- officio, voting Gail Gleimer (District Attorney's Office) Ex-officio, io, voting Mike Lohman (Faith Based) Ex- officio, voting Dr. Maurice fortis (Business Member) Ex- officio, voting Vacant (Youth Member) Ex- officio, voting Harold Smith (Weed and Seed) Ex- officio, nonvoting Sally Gavlik (Park and Recreation) Ex- officio, nonvoting Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (Note: Site 2 representation will end March 8, 2408.) ATTENDANCE DANCE RECOR OF MEMBER SEEKING REAPPOINTMENT NAME Frances E. Garza (Site 2) NO. OF MTGS. NO. % OF ATTENDANCE THIS TERM PRESENT LAST TERM YEAR 10 90% OTHER INDIVIDUALS EXPRESSING INTEREST Gerald Lenna Irene Martinez Technical Services, Hagemeyer North America. Currently attends Del Mar College. Activities include: Corpus Christi Citizen's University. (Site 2) Disability Program Navigator, Work Source. Received Associate in Mental Health from. Del Mar College and BAAS Degree from University of Incarnate Word. Activities include: Volunteers and Attends Meetings Regarding Individuals with Disabiliti 3 Requested Council Date: 12/18/07 Alternate Date: 01/8/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease /purchase of mowing equipment from John Deere Company, Cary, NC for the total amount of $207,838.05. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H-GAC). The equipment will be used to maintain the fairways and putting greens at the Gabe Lozano and Oso Golf Courses. All items are replacements to the fleet. Funds for the lease purchase of the equipment will be provided through the City's lease /purchase financing program. Purpose: Basis of Award: Funding: The mowing equipment will be used to mow the fairways and putting greens at Gabe Lozano and Oso Golf Courses. All units are replacements to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions andor electronic auctions. The mowing equipment will be purchased through the cooperative purchasing agreement with HGAC. HGAC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statues regarding competitive bidding requirements. Austin Turf and Tractor, Marble Falls, Texas will be the delivering, servicing and warranty provider for this equipment. Funding is provided through the City's l ease/purchase financing agreement for a sixty -month period. The estimated interest rate is 3.6 %, The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment is $45,483.02. Total estimated cost over the sixty -month period, including principal of $207,838,05 and interest of $19,577.05, is $227,415.1O. Parks and Recreation Department 530190 - 4690 -35200 (7 months) 530190-4690-35210 (7 months) Mic a'�1 Assistant arrera 'rector of Financial Services $15,962.83 10,568.93 TOTAL: $26,53136 CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION! BI-0079-08 BUYER - Maria Garza - TRACTOR & MOWERS December 18, 2007 JOHN DEERE COMPANY GARY, NC UNIT EXTENDED ITEM DESCRIPTION CITY. UNIT PRICE PRICE 'I,--- JD 2509E Triplex Greens Mower, 11 Blade Reels, 2 each $22,144.80 $44,289.60 2" Graved Front Roller, Smooth Flotation Tires, HOC Bar Kit, Light Kit 2. JD 3225C Fairway Mower, 38.5 hp Yanmar Diesel 2 each 36,620.80 73,241.60 Engine, ESP Heavy Duty Cutting Units, 8 Blade Reels, 3" Grooved Front Roller, Service Kit, Roller Adjuster and Supports 3. JD2653B Utility Mower -19.9 p Yanmar Liquid 2 each 24,036.30 48,073.60 Cooled Diesel Engine, 3WD, 30" ESP Heavy Duty Cutting Units, 3BIade Reels, 3" Spiral Grooved Front Roller, Standard Seat, 30" Lift Arms, 30" Uokees, Light Bracket, Lights and HOC Bar Kit 4. JD 5203 Utility Tractor # 56hp Turbo Diesel Engine, 1 each 42,233.25 42,233.25 3 Cylinder, 4WD, Turf Tires, Syn Rever er Transmission, -1OO1b weights and weight bracket. TOTAL: ,. 4 Requested Council Date: 12/18/07 Alternate Date: 1/08/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of two hundred (200) portable radios from Dailey-Wells Communi CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BI-0085-08 DATE: 12118107 PORTABLE RADIOS BUYER: GABRIEL MALDONADO DAILEY -WELLS COMMUNICATIONS, INC., SAN ANTONIO, TEXAS ITEM I DESCRIPTION QTY UNIT UNIT PRICE 1 Portable radios GE EDACS 800 MHZ, Scan -Basic including: 1200 mAh NiCd, 800 MHz whip antenna, 128 Groups, Wide Area Scan, Belt clip, Desk Charger 200 EACH $750.50 TOTAL PRIDE, 150,100.00 GRAND TOTAL $150,100.00 5 Requested Council Date: 12118/07 Alternate Date: 01/08/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of approximately 4,270 curbside collection containers from Schaefer Systems International, Charlotte, North Carolina for the total amount of $221,442.20. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council -GAC . The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. Purpose: Basis of Award: The containers will be used in the City's automated collection program. These containers will be distri CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BUYER: MARIA GARZA December 18, 2007 BID INVITATION NO: BI-0073-08 Containers for Automated Collection Program Schaffer Systems International Charlotte, NC Item Description City. 1 95 Gallon Container 4,270 Unit each Unit Extended Price Price $81.86 $221,442.20 6 AGENDA MEMORANDUM DATE: December er 18, 2007 SUBJECT: Application to Drill State Tract 55 Well No. 7 AGENDA ITEM: Motion authorizing the City Manager or his designee to grant a permit to Sabco Operating Company of Houston, Texas, to drill an oil or gas well approximately three and one half miles east of the Corpus Christi Marina in Corpus Christi Bay being State Tract 55 Well No. 7. ISSUE: An application has been submitted on behalf of Sabco Operating Company for a permit to drill State Tract 55 Well No 7. which will be located in the marine recreation area of Corpus Christi Bay. The location of the proposed well is outside the established cluster area, and the applicant has requested an exception based on an affirmative showing that the exception is necessary to prevent confiscation of property. REQUIRED COUNCIL ACTION: The City Code of Ordinances, 35-56, requires City Council approval of drilling permit applications for well locations drilled outside the established cluster area in Corpus Christi Bay. RECOMMENDATION: Approval of the motion as presented. Debbie A. Marro uin, P. Director of Gas Services Additional SUDDOIt Material 1. Exhibit ► — Background Information 2. Exhibit B — Site Map 3. Exhibit C — Letter of Request 3. Exhibit D — Permit Application BACKGROUND INFORMATION Prior Council Action* On May 16, 2006 City Council granted three permits to Sabco Operating Company to drill oil or gas wells at locations outside the establi Staff Recommendation: Staff recommends the permit to drill State Tract 55 Well No. 7 at the requested location be approved based on the fact that it is affirmatively established by the lessee that use of a surface location in the established cluster area renders it physically impossible to make a satisfactory bottom -hole completion within the applicable state lease tract as necessary to prevent a confiscation of property. Exhibit "A" 2of 0 4J . a cL 2 1- r N (N u� CNJ CO r. GRAPHIC SCA 4 u) f 0 0 0 (0 . 1 .... . i > . z r L n- - i g N 10 dt o Z in LO N. P8WCNIN (} C 0 10 (0 � #I1 gu irj gg r N. Lei co 0) N LD 0 A Lo a. • N c �A C : PERATING COMPANY 1360 POST OAK BLVD., SUITE 2300 HOUSTON, TEXAS 71056 -3023 PROPOSED PIPELINE FROM PLATFORM IN STATE TRACT 62 TO WELL #7 IN STATE TRACT 55 CORPUS CHRISTI-BAY, NLIECES. CUNT, TEXAS R Y E , JqC. n g - S u n w A r r g P O.$= i ,.. Corpus el ,,ti, 71403 120 Milo St., exir C xos lQ4Bt - - _ pflorlf:3gt.7.115St fOx: • --nil: rrvs —C. mint EXHIBIT "B 1 OF 3 0 0. STATE TRACT 55 (640 ACRE LEASE) PROPOSED S.L. AND B.H. LOCATION SABCO OPERATING COMPANY TSL 32973 TR 55 /. WELL NO. 7 X = 2,377.900 Y 771.750 LAT =2 47'07.27" LNG 97' 1 9'53.57" 55 1517' CP N 770138 E 2377376 749' PROPOSED 2 7/" PIPELINE 62 1 GRAPHIP SCALE: 1"=16001 1000' 2000' .3000' PLATFORM M X = 2,377,173 Y = 769,514 NOTES: 1. COORDINATES ARE . BASED ON PS DATA WITH AN ACCURACY OE ± ONE METER. 2. ALL BEARINGS G AND COORDINATES SHOWN ARE BASED ON THE TEXAS STATE - PLANE COORDINATE SYSTEM OF 1927. TEXAS SOUTH ZONE. 3. ALL SURVEY LINES ARE APPROXIMATE. 4. APPROXIMATELY 5 MILES E OF DOWNTOWN CORPUS CHRISTI. SABCO OPERATING COMPANY 1360 POST .OAK BLVD., SUITE 2300 HOUSTON, , TEXAS 71056 -3050 54 63 I HEREBY DER11P 1 THAT TH15 PLAT WAS PREPAREO BY SURVEYS MADE ON THE GROUND AND IS CORRECT TO THE BEST OF MY KNOYLEDGE, THIS THE 31st DA's OF OCTOBER, 2007.. } 4 - • • • • ry • i r. its � ��• }+_ #+� ;70 N 7° 7 • ALBERT E. FRANCO, JR. REGISTERED PROFESSIONAL LANG SURVEYOR NO. 4471 PROPOSED -PLAT OF TSL 32973 / TR 55 / WELL NO. CORPUS CHRISTI BAY NUECESCOUNTY, TEXAS S.; Cactiss ''1 phew 30 1. • • TOPER 2007 881 - 070.30 -4 4 1 OF i EXHIBIT "B" 2 OF 3 STATE TRACT 56 SOUTHWESTERLY CORNER OF STATE TRACT 55 i ESTABLISHED CLUSTER AREA (500'x500') x STATE TRACT 55 c7dpit., •� f STATE TRACT � 46 PROPOSED WELL NO. PROPOSED 2 7/8" PRODUCTION PIPELINE EXISTING PRODUCTION STATE TRACT PLATFORM NO. 62 / STATE TRACT \ / 63 �j. i STATE TRACT 54 EXHIBIT: 13' 3 OF SUBJECT: PROPOSED WELL ST.55 NO. 7 - SITE PLAN - GAS DEPARTMENT Ofteleireaf edstoiektio December 7,'2007 Mr. Ricardo Guzman Petroleum Superintendent City of Corpus Christi 4225 South Port Street Corpus Christi, TX 78415 RE: State Tract 55, Well No. Corpus Christi Bay Dear Mr. Gran: Sabco Operating Company has applied for a permit to drill the captioned well in Corpus Christi Bay outside the cluster area. The request was discussed in a public hearing and meeting of the City of Corpus Christi Oil and Gas Advisory Committee on November er 2 8, 2007. Sabco Operating Company "Sabco" was represented by Max Jameson. As we established in our presentation to the Committee members, an exception i CORPUS CHRISTI, TEXAS OIL AND GAS REGULATION APPLICATION , ( P __ I TO: The City of Corpus Christi, Texas FROM: SacDertInComDamy 1360 Post Oak Blvd. Suite 2300 Houston, Texas 77056 -3050 (hereinafter called "Applicant") Pursuant to the Corpus Christi Oil and Gas Ordinance, and particularly that part appearing as City Code Oil and Gas Chapter 35, and the rules and regulations pursuant thereto, Applicant respectfully requests that it be granted a permit to drill and operate a well for production of oil, gas and other minerals within the City limits of said City at the location and i Re larimional �' p Permit: This Application does request an exception to any requirements of oil and Gas Chapter 35 of the City Code. (NOTE: If the permit requested exceptional, state the reasons therefor in detail, using attachments and supporting data to the degree deemed necessary.) Applicant's W_granties and w em t : Applicant warrants that all things stated or represented as factual in thi prepared by a licensed public surveyor and include the metes and bounds description of the Drilling block(s) to be unitized.) Attached hereto is the casing program for the well. For land wells: Attached hereto are the names and addresses of the owners of all surface property within 400 feet of the well bore. Applicant hereby agrees that the City of Corpus Christi is authorized to take over and expend funds to retain control of the well as provided in Corpus Christi City Code Section 35404, Submitted this 7 h day of November , Sabco Operating company Max Jameson The State of Texas Harris County Subscribed and sworn to before me, the undersigned authority, this 07 day of November ,0, Notary Public in and for Harris County. Received and filed this day of _�., 2006 pplicant City Petroleum Superintendent F:1Sabco operating Compan egu1a y Agencies‘ City of Corpus C1risti\E.0 ssorAsT 55#7 CCC Application.doc 7 AGENDA MEMORANDUM PATj December 18, 2007 SUBJECT: Holly Road Pump Station Tank Inlet Piping AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Austin Engineering Company, Inc. from Austin. Texas in the amount of $895,824.50 for the Holly Road Pump Station Tank Inlet Piping. ISSUE: The ground storage tanks at the Holly Road Pump Station do not operate as flow through tanks due to the configuration of the existing yard piping. The yard piping, including the poor mixing conditions in the tanks, contributes to the formation of "dead zones" in the areas furthest from the inlet/outlet piping. This leads to a reduction in water quality and operation issues. This project addresses TCEQ violation #7 and completion of the work will eliminate the problem and put the City back in compliance. FUNDING:. Funding Is available from the FY 2007 Water Capital Improvement Plan (CIP) Budget. R C + MENDAT ir_FAr: .4— _....irAdiitifiii ustav i Gonzale • . wv Interim ON: Staff recommends approval of the Motion as presented. irector of ater Department 4dIUonaI Support P lat ri l: Exhibit *A" Background Information Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit MD" Location Map _ o U #fu ac+LaCAL -1 %retreiAGENDA MEMO dog _ _ _ /13/e-7_ Kevin St6wers, Interim Director of Engineering Services VW BACKGROUND INFORMATION SUBJECT: Holly Road Pump Station Tank Inlet Piping (Project No. 8596) PROJECT DESCRIPTION: This project will provide separate inlet and outlet piping for the ground storage tanks at the Holly Road Pump Station to prevent short circuiting or stagnation of water in the tanks. This will resolve the TCEQ iolation #7 noted in their August 14, 2007, investigation. This project consists of removing existing 4" and 48" piping associated with existing inlet valves, providing and installing 971 linear feet of 20" and 24" ductile iron pipe and fittings, installing 20" and 24" butterfly valves, installing a 24 -inch tank fill control valve and associated electrical and communication appurtenances. BID INFORMATION: MATION: This project consisted of a sole base bid and proposals were received and opened from four (4) bidders on Wednesday, November 28, 2007. The bids ranged from $695,824.50 to $798,232.00. The Engineers estimate of probable construction cost was $788,000. The low bid was submitted by Austin Engineering Company, Inc. from Austin, Texas. The bid package received from Austin Engineering Company, Inc. was considered an irregular bid at the bid opening. Each contractor was required to submit a response to Special Provisions A -28, A -29 and A -30 as part of their bid package. This requirement was included in Addendum No. 2 for this project. Austin Engineering Company, Inc. failed to include Special Provisions A -28, A -20 and A -30 with their bid proposal, requiring the legal department to declare their bid irregular. After review of the bid proposal by the City's NE consultant, LNV Engineering, Inc., and City staff, it was determined that the contractor would be able to satisfactorily complete the job requirements as described in the project plans and specifications. As a result, staff is requesting that the City Council waive the irregularity of the bid. Under the City's Special Provisions B-2-13 Irregular Proposals it states, "Proposals will be considered irregular if they show any omissions, failure to properly account for duly issued addenda, alterations of form, additions, conditions not called for, unauthorized alternate bids or irregularities or qualifications of any kind. However, the City reserves the right to waive any irregularities and to make the award in the best interest of the City." Therefore, City staff and LNV Engineering, Inc is recommending that a construction contract be awarded to Austin Engineering Company, Inc. in the amount of $695,824.50 for the holly Road Pump Station Tank Inlet Piping project so work may begin immediately and the TCEQ violation brought into compliance. HAHOMEILYNDA IGENI ATER18586 - Holly Road InIeIs1AGENDA BA KGROUND.dac TIME OF COMPLETION: The contract provides for the work to be complete within 90 calendar days of notice to proceed. It is estimated this project will be complete by the end of April 2008. H:IHOMEILYNDASI ENIWATER1.8596 - Holly Road [n1 ls1A ENDA BA K R UND.doc PROJECT BUDGET Holly Road Pump Station Tank Inlet Piping Project No. 8596 December 11, 2007 FUNDS AVAILABLE: Water... $846,75OE50 FUNDS REQUIRED: Construction (Austin Construction Company, Inc.) $695 824.50 Contingencies (10%) 69 582.00 Consultant (LNV Engineering, Inc ) 46 ,000.00 Inspection 27 ,850.00 Engineering Reimbursements r ents ,000.00 Misc. (Printing, Advertising, etc.) 2, 00.00 Total.... , . $846,756.50 EXHIBIT "B" Page 1 of 1 H :\HOMEILY 1D \ E V 1 TER\ 5 6 - Holly Road inI tsIPF OJE T BUDGET TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI Estimate $750,000 Tabulated by: Kevin Stowers, Interim Director of Engineering Services CO RI V 0 c sl} 8 8 C 0 Z. E 0 0 a) E 1- D c. c J o cm L. 2 E W 0 J 6 co 0 Jhabores Construction Co., Inc. P. O. Box 60089 Corpus Christi, TX 78466 c a o N #f# 0 a O 100'001-48S 00'00g`$ $1 8,500.00 a o in , Co $18,873.00! 0 0 a I- #f3 00.000,6 ES 0 a a LC3 E # a O O a Eft 0 O o o 0 O O CD o o a o a 0 co O O 0 co fie o a 0 iao•ooE.s$ O a o a Ea Unit Price f - 00.0 00.00£$ $8,500.00 O in tri co C') co CSI 69 a to co y to a .3" to a O tC? fig ai co to 00.00019S 0 LO 0 F of 100'00CIES oo'oss$ [O a . [D I 0 O 17 l' Austin Engineering Company, Inc. P. O. Box 342349 Austin, TX 78734 - Amount- - J 0 tafr 0 0 GPI o O a • • T- -- 0 - ■ 0 o r s- 0 o r‘f C 0 O O cis r a 0 6 a CD 00'000`99$ a! 0 : 6 iti: O o Cv7 E o a 0 0 C i 0 o 0 0 05 # 0 o d : E # a o O ## o C. 0 r E# oo•000'ozS 1 Unit Price I 0 + a xi O di a ibo + di a • + di o O 0 CP r 69 a fi 0 o 40, ' 00'000'99$ 0 i a ' d I c a o N a d • $1,000.00 0 # O O 6 HOLLY ROAD PUMP STATION TANK INLET PIPING PROJECT NO. 859 6 6 6 < , Quantity 1 • # # CV CD C'7 1- CV CI N CV c 0 • .5 w 0 Demo 48" piping & fittings, complete in place per linear foot. Demo 36" piping & fittings, complete in place per linear foot. Demo 14" piping & fittings, complete in place per linear foot. Demo existing thrust block, complete in place per lump sum. 48" X 24" reducer ductile iron pipe, complete in place per each. 24" ductile iron pipe, complete in place per linear foot. .20" ductile iron pipe, complete in place per linear foot. 4" WYE ductile iron pipe, complete in place per each. 24" - 45" bend ductile iron pipe, complete in place per each. - '24' butterfly valve (manual operator, complete in place per each. 24" Tank fill control valve, complete in place per each. 24" X 20" Tee ductile iron pipe, complete in place per each. 24" X 20" Reducer ductile iron pipe, complete in place per each. 20" - 450 Bend ductile iron pipe, complete in place per each. 20" - 900 Bend ductile iron pipe, complete in place per each. T 20" Welded steel pipe, complete in place per linear foot. 20" - 90" Bend welded steel, complete in place per each. 20" - 450 Bend welded steel, complete in place per each. 20" Butterfly valve with bonnet extension and indicating hand wheel operator, complete in place per each. { 0 OD + +i J co ,-- TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVI ES - CITY OF CORPUS PU CHRISTI Estimate $750,000 Tabulated by: Kevin Stowers, Interim Director of Engineering Services O CU iird 8 0 a) C 0 E 0 0 C) a) E 1,- 0 0 C { C4 1- CD E 00> z t� W co Ci Jhabores Construction Co., Inc. P. O. Box 60089 Corpus Christi, TIC 78466 Amount I00LIS$ o CJ v 0 6 Lc) $2,811.00 o 0 6 t 1 CN 3 0 o o C*) O 0 a o LO [p - o a o o is, 0 a O CO #6# o o 6 CO bP 00•00G‘ES o 0 oi. #f o 0 6 o T-- o 0 6 LO 6 o a 6 o c 6� O 0 C1 - I- 6, Unit Price 0 d C3 F. F E 8 CD 6 0 0 6 0 1 69 o 01 a 69. a a 6 0 '1) C 69 o a 6 r 6�? o o S 4[ Crt) 617 o o O 0 I-. c a o 0 65 0 o g c0 a 0 a o o LC) $326.00 0 a 6 01 O 0 o o tf) 41). 0 O o 0 LC! Citi- 69. C $1,000.00 S o O U o # O 0 //c� $1,862.00 00 00 'G o o o # a Li') oaooc$ C CD O # O - o o 69 $695,824.50 Austin En ineerir P. 0. Bo, Austin, 1 8 .c O F c 0 0 C 0 tri a 6 6 143. 6 ! a o C 16 a ; 1 o tri a o } '- a 6 o _ 00100SICS LS 00'0ES 0 0 0 69` 00.001 0 0 LO CA -- -- - -- - - - - - - -- - - - - - - -- - - - -- - - -- - - - - -- -- - -- - - - - -- - -- -- - - - -- - _ HOLLY ROAD PUMP STATION TANK INLET PIPING PROJECT NO. 8596 LL CO ( ,__I L- CO ( =J U -1 J CI) J < LLJ < Ll) < LLJ LL J LLI LLJ L LJ Quantity 1 to CO e- LCD 14,055 - c O) r - 0) CV C 0 N Blind flange, complete in place per each. Pavement repair, complete in place per square foot. Concrete pad with concrete piling, complete in place per lump sum. Seeding, complete in place per square foot. SCADA integration and electrical for 24" tank fill control valve, complete in place per hump sum. Trench safety, complete in place per linear foot. Mobilization (5%), complete in place per Lump sum. Utility allowance, as directed by the Engineer, complete in place per lump sum. Exploratory excavation, as directed by the Engineer, for a 20' X 10' excavation, complete in place per each. 24" X 6" DIP Tee, complete in place per each. 6" X 6" DIP Tee, complete in place per each. 6" PVC Pipe, complete in place per linear foot. 6" Gate valve, complete in place per each. 6" Blind valve, complete in place per each. Disinfection of tanks in accordance with AWWA C652-02, complete in place per each. TOTAL BASE BID (Bid Items 1-34) '- � 7 CNI C J C. � / I LC) Cl co 04 C%1 111 CO O) 01 a rm C r) el Pl [ TABULATION OF BIDS DEPARTMENT OF ENGINEERING IN SERVICES - CITY OF CORPUS CHRISTI Estimate $750,000 Tabulated by: Kevin Stowers, Interim Director of Engineering Services 0 C N C1 G) .0 E G z 0 co Holloman Corporation 13730 1H 10 E Converse, TX 78109 7-Amount 0 a 6 if CD OD r # 0 a 6 a V. CO I 6+r# 0 Ca a c*) {'1 Cr; r c 0 a a 1 0) . r $14,320.00 a a a oi ( r L $14,337.00 a a a co C - 6 L $12,540.00 ' C. a O a 0) CQ 7 C. Q 6 C. (o t 0 0 a 6+r a a 6 CD CCJ *- 6 a a Ca CI CD co, $4,2$0.00 a a 6 CO CO C r- to a a O CO C}) # 0 a 6 CO C') C 1 } CD 0 O CD C''] C 1 r• 6, IDO'059$ -- - - L C o 6 O ta o C ie 61# 10,.( $14,320.00 Ca CaD #f3 C r a o C N {C 6+9 C ,1 fin. a o a r) a 69. Ca a C cr CO a o ( c # 3 a C a O ,- 601. a al. -- VI a Ci C r or CO a a s- - E a a 6 69. a a a ,- r= # C a C CD #., C ; C. a a C CI Q a C ri #g3 0 C.a C a Lr, V} o C } r. VI r- r a CD 1i? } $1 5,390.00 O a C a CO C0 O a a a CO [ Ca o Ca a e-• re N 0 a a a c6 Iii 0 a 6 o to- VW a a C a C") ar a o C a . 6 a a C I C 603. a a a a CD ai N a o C CO ogi VI a a a of #} Ca a 6 a C _ Lakemont Conti 831 Cro: Spring, T a C o O Ca $380.00 0 a * a a 0 Ca 6 C 6., C. C a ,- C. 6 oil a C C a) 0 C a a 6, a O a 0 0 a a te 00'000`99$ C a a a 4, $4,300.00 C6 a I Ca C a ? o O a 6, a C6 Ca 69 O a a a C a a a 69. HOLLY ROAD PUMP STATION TANK INLET PIPING PROJECT NO. 8596 I J ,.J LJ.! LL1 W W W to CU er C i CO r '- 0) C 1 CD C''} r r .- ' N 0 C'1 C r fi Demo 48" piping & fittings, complete in place per linear foot. Demo 36" piping & fittings, complete in place per linear foot. Demo 14" piping & fittings, complete in place per linear foot. Demo existing thrust block, complete in place per lump sum. 48" X 24" reducer ductile iron pipe, complete in place per each. 4" ductile iron pipe, complete in place per linear foot. 20" ductile iron pipe, complete in place per linear foot. -g CO 0 } C. 0. .0 • i C. E 8 0 a .0. C 0 0 o 7 lo W s 4 N 24" - 45" bend ductile iron pipe, complete in place per each. 24" butterfly valve (manual operator), complete in place per each. 24" Tank fill control valve, complete in place per each. 24" X 20" Tee ductile iron pipe, complete in place per each. 24" X 20" Reducer ductile iron pipe, complete in place per each. 20" - 45" Bend ductile iron pipe, complete in place per each. 20" - 90" Bend ductile iron pipe, complete in place per each. 20" Welded steel pipe, complete in place per linear foot. 20" - 90" Bend welded steel, complete in place per each. 20 - 45" Bend welded steel, complete in place per each. :20" Butterfly valve with bonnet extension and indicating hand wheel operator, complete in place per each. 10 ( r CaD O) TABULATION F BIDS cn re 0 a. 0 0 u_ 0 u) LLt 0 5 LLI 0 z Fe LU W z z w L_ 0 1- z 2 1- 4 LLB Estimate $750,000 co rta -D 0 0) c 0 0. E 3 E ( OD c1 hi .0 E z ;orporation fI 10 E TX 78109 4unowtf $4,580.00 Q- 0 I 0 0 L6 $2,8i'f.00 0 $10,247.00 0 I 0 °o 0 6 0 Q °o u o 0 ccoo co c 0 a 0 0 I 0 a s a ce 0 0 — 0 Q coo $42.240Afl1 C. c o ao 1-Unit Prig 0 0 0 2 a $25,340.00 0 car 0 .9 0 0 0 ....: 6$ a 0 ,- 0 0 0 d 3 0 0 0 , L 6, $1,520.00 0 0 . 0 o q u a- 0 69 0 0 o in 69 0 0 0 N 0 0 0 6F 0 0 69. 0 0 0 0 LC) L[} 0 69 i 0 0 ; 0 � N 0 r $35,000,00 0 0 0 0 r to 0 0 0 0 ,- fie $4,000.00 $1,400.00 0 0 0 6, oWooLs 0 0 0 ' to 00-000‘gtPS 0 ' r Co r- Lakemont Consti 831 Oro; rin,1 Unit Price C. 0 0 F. 6 0 t eni. 0 6'# 0 0 t 81 0 - 6' 0 0 t 10 0 0 0 F 1 0 0 C. 0 0 0 r 00'00LS 0 6 Lo a to 69 HOLLY ROAD PUMP STATION TANK INLET PIPING PROJECT NO. 8596 CI) J C/ J J J ,J LLi L1 J LL! J W j Quantity ] r co to r H14,055 ,- O) rR e- 0 — — (%J c O Blind flange, complete in place per each. Pavement repair, complete in place per square foot. Concrete pad with concrete piling, complete in place per Iump sure, Seeding, complete in place per square foot. SCADA integration and electrical for 24" tank fill control valve, complete in place per lump sum. Trench safety, complete in place per linear foot. Mobilization (5%), complete in place per lump sum. Utility allowance, as directed by the Engineer, complete in place per Iump sum. Exploratory excavation, as directed by the. Engineer, for a 0' X 10' excavation, complete in place per each. '24" X 6" DIP Tee, complete in place per each. 6" X 6" DIP Tee, complete in place per each. 6" PVC Pipe, complete in place per linear foot. 6" Gate valve complete in place per each. R P P 6" Blind valve, complete in place per each. Disinfection of tanks in accordance with AWWA C652-02, complete in place per each. TOTAL BASE BID (Bid Items 1 -34) 0 C 1 - C ! c C N 0 CN 0 (1 C ,! ( J 0 ( C) c *] C+ co \Mproject\Bondissueproject\exh8596dw HOLLY ROAD PUMP STATION TANK INLET PIPING CITY OF CORPUS CHRISTI cITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 oft DATE: 1 1/X/2007 il UMW IMO vastateowtroo 8 AGENDA MEMORANDUM DATE: December 18, 2007 SUBJECT: Project Management Services AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 6 for project management services in the amount of $948,800.00 for a restated total fee of $2,737,820.00 with Anderson Group Construction Management, Inc., of Corpus Christi, Texas for various Capital Improvement Projects associated with the 2008 Capital Improvement Program and 2004 Bond Program. ISSUE: Project management services are necessary to develop project descriptions, scopes, and cost estimates for the 2004 Bond and Capital Improvement Programs. FUNDING: Funds are available from the Capital Improvement Budget. RECOMMENDATION: ENDATION: Staff recommends approval of the motion as presented. evin R. Stowers Interim Director of Engineering Services 3/07 Additional $ rt Ma er al Exhibit "A" Background Information Exhibit "B" Contract Summary I~ AH MEIKEI IN \ EN IPIProjeotAdminist tion'A MAmd 11 n .do AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Project Management Services for 2008 Bond Election Projects. FUTURE COUNCIL ACTION: Award of engineering design, materials testing and construction contracts necessary to complete various GIP projects. PROJECT BACKGROUND: Anderson Group Construction Management (AGCM) was selected in 2003 and 2004 to provide general construction management services. This was expanded to supplement the Engineering Department's construction inspection services. ALCM was the resident on site manager for major projects such as the CC1A Terminal Building, the American Bank Convention Center Expansion, American Bank Center Arena and Whatburger Field. Their function now includes project management assistance with negotiation professional service contracts, assisting with the development of the Capital Improvement Program and the 2004 Bond projects. The City has recently spent up to $150,000,000 per year on capital improvement projects. This workload requires additional enhanced management capacity. Engineering Services examined methods to ensure the Council's initiatives are completed in an expeditious manner with the available resources. Externally contracting management services has proven able to have the City to realize efficient management during the project implementation. FUNDING: Funding is being prorated among the 2007 -2008 CIP Funds. TERM: The contract term is for approximately twelve (12) months subject to cancellation. CONTRACT SUMMARY /FEE: A contract and fee summary is attached as Exhibit "B ". FINAL PRODUCT: This contract will result in additional project management resources allowing better management of projects actually under construction. HAHOMEVEVINS\GEMCIPIProjeciAdministation\AGCMAmdt6BkgExhA.doc EXHIBIT "A" Page 1 of 1 Section IV. Fee is amended to read: IV. CONTRACT ACT SUMMA Y FEE A. Fee for Basic Services Authorized, The City will pay the Consultant a lump sum fee not to exceed $948,800.00 for Amendment No. 6 for a restated contract fee not to exceed $2,737,820,00 for providing the services as outlined below. The fee will be full and total compensation for services and for all expenses incurred in performing these services. Consultant will submit monthly statements for basic services rendered. For services provided in Section II.A the statement will be based upon the Consultant's record of total services actually completed at the time of billing. The basis of the billing will be the rates as set forth in Exhibit C-2. City will make prompt monthly payments ents in response to Consultant's monthly statements. Sumac of Authorized Fees. Task No Description Total Fee Original Contract — June 28, 2005 (Motion No. 2005-209) II.A Project Phase services $1 ,158,000 Amendment No. 1 — February 27, 2007 Motion No. 2007-062) II.A Project Phase Services $582,020 Amendment No. 2 — April 17, 2007 (Administrative Approval) II.A Project Phase Services $25,000 Amendment No. 3 — August 8, 2007 (Administrative Approval) II.A I Project Phase Services $24,500 Amendment No. 4 — October 12, 2007 (Administrative Approval) II.A 1 Project Phase Services $49,500 Amendment No. 6 (Administrative Approval) II.A 1 Project Phase Services $48,500 Amendment No. 6 ILA Project Phase Services $948}800 Total Fee $2786320 H:I.1QME1KEVIN 1 EN\ IP1ProjectAdmtnistationlA MAmd6SumExhB.doc Project Contract Administrat n Provide three full -time personnel including one program manager P.E. , one senior project manager (P.E.), one senior project manager (non-P.E.), one part time senior project manager (non-P.E.) and two job order contract managers for approximately duration of the amendment. The personnel will provide assistance to the City Engineer through the management of City capital projects. This will include the development of project scopes, project budgets, schedules, and architectural/engineer proposals. The Consultant will conduct proposal evaluations, contract negotiations, review of project plans and specifications per City standards, assist with contract bidding, evaluation and award. The Consultant will coordinate with City Departments, consultants, and contractors. Typical services will include: Attend design review meetings and pre - construction conferences with the City staff, City Engineer, City's design consultants and construction contractor's key personnel. Establish communication procedures with City sta f, City Engineer, City's design consultants and Contractor. a. Attend design review meetings and pre - construction conferences with the City staff, City Engineer, City's design consultants and construction contractor's key personnel. Establish communication procedures with City staff, City Engineer, City's design consultants and Contractor. b. Submit monthly reports of project progress. Reports will describe project progress in general terms and include a summary of project costs, cash flow, construction schedule and pending and approved contract modifications. Reports will be incorporated into the Management Information System. c. Maintain a document control system designed to track the processing of project submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all project communications. Send contractor's submittals, including requests for information, modification requests, shop drawings, schedules, and other submittals to the City's design consultants for review in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor and City's design consultants in sending and processing submittals to see that documentation is being processed in accordance with schedules. d. Review architect's, engineer's, and contractor's application for payment and recommend payment in accordance with the procedures in the construction contract documents. e. Establish and maintain a project documentation system consistent with the requirements of contract documents, including reports and tracking corrective actions. f. Provide three full time personnel to serve assist with program, project and technical management of Capital Improvement Projects. g. Assist the City in obtaining legal releases, permits, and other documents required as a result of the projects. h. Consultant will review and familiarize itself with the detailed schedule of the project implementation. i. Contract Administration, Construction Phase Procedures, and Scope of Services - Consultant will assist with coordination and communication among facility managers, Consultant, City, design professional(s), and contractor(s) and other appropriate parties in accordance with the City's objectives of time, quality, and costs. j. Coordination of Other Independent Consultants - Consultant will assist the City Engineer with coordination of technical inspection and testing, including field testing, provided by design professional(s), or other third parties retained by City. k. Removal of Asbestos or any other Hazardous Material - The Consultant will only provide assistance in coordinating removal work, if any, with other ongoing activities. The Consultant will not be responsible for performing any asbestos or hazardous material administration, abatement, monitoring, management, removal, encapsulation, mitigation, or disposal activities. The Consultant will not be responsible for any failure of contractor(s), sub - contractors, design professionals, asbestos /hazardous material firms, or other third parties to adhere to any regulatory requirements. I. Change Order Control - Consultant will assist the City Engineer with change order(s). m. Claims - When requested, Consultant will assist the City Engineer with review the contents of any construction claim submitted. n. Assume the duties of temporary Assistant Director of Engineering Services for a period not less than three months nor more than six months. o. Increased Job Order Contract project coordination, estimating, and contract administration and construction. H :1- IOMEIF EVINS1 EN1 IP1ProjectAdministation%AG Amd SumExh6.doc 9 CITVCOUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: December 18, 2007 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with William H. Shireman, an, r., et al in the amount of $295,000 plus $3,500 in closing costs for Parcel 1 described as 29.018 acres out of Lot 11 and the Southeast one -half of Lot 12, Section 31, Flour Bluff & Encinal Farm & Garden Tracts located on Paul Jones Avenue necessary for the South Guth Park Ball Field Relocation Project (#3337). ISSUE: On October 16, 2007 the City Council approved an ordinance to gift 140 acres of land in the vicinity of Ennis Joslin Road to Texas A1- Corpus Christi for the future expansion of their campus. This conveyance requires the replacement of City land currently used for ball fields at South Guth Park. City staff identified three parcels of vacant land on Paul Jones Avenue totaling 36.22 acres for the new ball field site. A resolution was passed by City Council on December ember 11, 2007 authorizing the acquisition of these parcels. Offers to purchase have been made by the City to the owners of all three parcels. City land acquisition staff has received an executed sales contract from the owners of Parcel 1 in the amount of $295,000 for 29.018 acres of land. Authorization is required to approve the purchase price and for authorization of the City Manager or designee to execute the Real Estate Sales Contract. FUNDING: General Fund (Park Operations) 550005-1020-12910 RECOMMENDATION: Approval of the motion as presented. I Ye2e-7 Kevin Stowers Interim Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Parcel Location Map Contract Summary H:IHOMEIEUSEBIo 1 EI AA ends Item ls. Guth Ballfield Relocation Project. Shlreman,et allAgenda Memorandum.do BACKGROUND INFORMATION SUBJECT: South Guth Park Bali Field Relocation Project (##3337) Acquisition of Parcel 1, 29.018 acres (Shireman, et al) OVERVIEW: With the approval of the conveyance of land to Texas A &M Corpus Christi on October 16, 2007, the City will need to acquire new land to replace and construct the ball fields currently in use at South Guth Park. in February 2007, the City initiated a search for replacement lands in close proximity of the present South Guth ball fields on Ennis Joslin, Eight various areas were evaluated based on size, price, location and other amenities. One of the sites was located on Paul Jones Avenue, south of South Padre Island Drive. At that site, three individual parcels were identified by City staff as being of sufficient size for the new ball fields. Preliminary studies were begun on this site to address ownership of the parcels, the presence of any jurisdictional wetlands, the presence of any endangered species, environmental site analysis, and other due diligence issues. Engineering and Park & Recreation staff also met with representatives of the three baseball leagues presently using S. Guth Park to present the site and obtain their feedback. In May 2007, City staff received information that the largest parcel containing 29.018 acres was presently on the market for $295,000. City staff proceeded to acquire appraisals for all three parcels for budgeting purposes and for proposed acquisition pending City Council approval. On July 17, 2007, a presentation was made by the City Manager and Dr. Flavius D. Killebrew of Texas A&11 -Corpus Christi to City Council indicating the City's selection of this alternative park site on Paul Jones Avenue. Funding has been allocated to proceed with acquisition of all three sites. The subject Parcel 1 consists of a vacant parcel of land on Paul Jones Avenue, south of South Padre Island Drive, as shown on the attached Exhibit B. This L- shaped parcel of land is currently zoned F- R, or Farm Rural. The tract is comprised of approximately 9.018 acres of developable uplands and a former borrow pit area containing approximately 20 acres, which will require fill dirt. These low areas will be filled using surplus dirt from future street and drainage projects. The land is owned by ten separate owners, each with undivided interest. William H. Shireman, Jr. is one of the owners and the managing partner. The owners are represented by Cobb, Lundquist, and Atnip, Inc. of Corpus Christi,Texas. The subject 29 acre property was appraised by Corpus Christi Appraisal Service, Inc. in the amount of $275,000 based on $19,500 per acre for the developable land and $4,875 per acre for the 20 acres requiring fill dirt. A second appraisal was simultaneously prepared and submitted by Terrence F. Wood, MAI in the amount of $845,000 or an average $11 ,889 per acre. After considering both appraisals, City staff proceeded with a formal purchase offer to the landowners in the amount of $275,000. The land owners subsequently countered through their broker with their original list price of $295,000. City land acquisition staff requests the acceptance of this counter -offer by City Council after consideration of several factors including: 1 the current availability of this land and its EXHIBITA 1 oft potential sale to other competing buyers, 2) its proximity to SPID access and to the proposed Oso Parkway extension from Holly Road, and 3) the price comparison of the subject parcel to other developable residential land values on the City's south side currently ranging from $22,000 to $40,000 per acre. The sale price is also situated between the two appraised values obtained by the City and is considered reasonable for that area. A Real Estate Sales Contract executed by the owners in the amount of $295,000 was received by the City whi h is summarized ed on the attached Exhibit C. At the request of the landowners, the contract is to be escrowed at San Jacinto Title Company. PRIOR COUNCIL ACTION: 1. terror 2Q07_-- Public hearing regarding South Guth Park land transfer to Texas Al University- Corpus Christi for university expansion. 2. 5ep_torrIberai?5,, 2007 - Resolution determining that there is no feasible and prudent alternative to the using of South Guth Park by the Texas A&M University System for the expansion of Texas A&M University- Corpus Christi campus and further determining that all reasonable planning has occurred to minimize harm to South Guth Park resulting from such use or taking. (Resolution No. 027432) 3. October 16 2007 - Ordinance authorizing the City Manager to execute a Declaration of Gift and Agreement between the City of Corpus Christi, Texas and the Board of Regents of the Texas A&M-University System for the Benefit of Texas A&M University- Corpus Christi relating to the conveyance of 140.39 acres of land in the vicinity of Ennis Joan Road and Nile Drive, including South Guth park; and authorizing the City Manager to take all further actions to effect the gift and conveyance. (ordinance No. 027 451) 4. Dprril?9I1j,2QQL- Resolution determining a public necessi My, 111121.. c _ L.I. UI Iteila. # IMP LO 1,14.0.1 r . W LOCATION MAP NOT TO SCALE � No. 3337 SOUTH GOTH BALL FIELD VICINITY MAP NOT TO SCALE EXHIBIT B RELOCATION PROJECT cITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of DATE: 11-- 5 -2007 Real Estate Sales Contract Summary This Contract is entered into by William H. Shiremari, Jr., Jean Russo, Larry N. Parks, Executor, Mayfair Cooper, Marsha Bioxsom, Diane Kruger, Stephen Richardson, Lorne Parks, Marjorie Deli Cox, and Larry Parks of 16622 Chalmette Park Street, Cypress, Harris County, Texas 77429 (Collectively called "seller" ) and the City ofCorpus 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: All of Lot Eleven 1 and the South or Southeast one -half of Lot Twelve (12), in Section No. Thirty -one (31), of the Flour Bluff & Encinal Farm Garden Tracts, as shown by the Map or Plat thereof on file in the office of the County Clerk of Nueces County, Texas; save and except that portion of said Lot Twelve 12 fronting 100 feet on Jones Avenue and extending back there from a distance of 210 feet, which said excepted portion is fully described in deed from Oscar Koemel, et ux, to F. A. Walton, et al, Trustees for the Corpus Christi Baptist Association, which deed is dated October 30, 1950, and is recorded in Vol. 500, Page 561 of the Deed Records of Nueces County, Texas. (Premises) 2. Purchase Price - $295,000 cash. 3. Seller to provide a title insurance policy at Buyer's expense. 4. seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed. Buyer will pay all closing costs except costs to cure title, which must be paid by Seller. 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 $2,500 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 EXHIBIT C approved by the City Council and signed by the City Manager or 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. Buyer shall have sixty days from the effective date of the contract to perform due diligence studies on the property. Buyer can cancel the contract and receive back the Earnest Money in the event Buyer finds the property to be unacceptable for any reason. 11. Seiler is responsible for payment of any and all broker's fees and commissions incurred in connection with the sale of the property. 12. At closing, the property will be conveyed free of the rights of possession of any third parties. 13. seller makes the following representations and warranties: a. Seller has the absolute and unrestricted right, power, and authority to execute and deliver this contract and the documents to be executed and delivered by Seller in connection with the closing of the transaction. b. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the property. c. seller has no knowledge that the property contains Hazardous Materials, contains any underground storage tanks, or is not in full compliance with all Environmental Laws. d. seller has full and complete fee simple title to the property, subject only to liens and encumbrances, if any, disclosed on the title commitment or survey to be furnished to Buyer. e. No person, corporation, or other entity has or, on the date of closing, shall have any right or option to acquire the property. f. seller has not received notice from any governmental agency regarding the Seller's or Property's non - compliance with applicable laws, ordinances, regulations, statutes, rules, and restrictions relating to the property. 14. The sale of the property is without minerals. 15. Time if of the essence in closing this transaction. 16. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 17. This Real Estate Sales Contract may be executed in counterparts and each shall have the effect of the original. EXHIBIT C 10 AGENDA MEMORANDUM AGENDA ITEM: December 18, 2007 Motion authorizing the City Manager to execute a Development Agreement with James Lee (Developer) to provide for the filing of a replat of portions of Lots 21 and 22, Block "H,» Flour Bluff Estates, contemporaneous with the construction of improvements on said property and waiving fees associated with the replat of the property. ISSUE: James Lee, owner and developer of Tracts "B" and "G" of Lot 22 of Block "H" of FLOUR BLUFF ESTATES, being the east 100 feet of the west 150 feet of said Lot 22 save and except the north 12. 5 feet thereof which has been heretofore reserved for street purposes, and the east 100 feet of the west 150 feet of the north one -half of Lot 21 of Block "H" of FLOUR BLUFF ESTATES, save and except the south 12.5 feet thereof which has been heretofore reserved for street purposes, a recorded subdivision in Corpus Christi, Texas, according to the map or plat thereof recorded in Vol. 8, Pages 1 and 2, Map Records of Nueces County, Texas, desires to construct a residence on the property. Mr. Lee has agreed to replat the property into a single lot and has requested that the fees related to the replatting process be waived. The proposed development agreement will allow Mr. Lee to proceed with the construction of the improvements while the property is going through the replat process. The motion will waive any fees associated with the replat. REQUIRED UII E COUNCIL ACTION: Council authorization for the City Manager to enter into a Development Agreement with James Lee (Developer). RECOMMENDATION: ATION: Staff recommends approval of the motion as presented. tri-1-4.tri/c/c. Robert Nix Development Services Assistant City Manager Attachments: Exhibit A Exhibit B Exhibit C Background Information Development Agreement Site Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: James Lee owns three tracts that have previously been divided from Lots 21 and 22, Block "H" Flour Bluff Estates. Mr. Lee desires to improve the property by the construction of a single family residence. When Mr. Lee purchased the property, it was described as Tracts "B" and "C" of Lot 22 of Block "H" of FLOUR BLUFF ESTATES a recorded subdivision in Corpus Christi, Texas, according to the map or plat thereof recorded in Vol. 8, Pages 1 and 2, Map Records of Nueces County, Texas and the east 100 feet of the west 150 feet of the north one -half of Block "H" of FLOUR BLUFF ESTATES a recorded subdivision in Corpus Christi, Texas, according to the map or plat thereof recorded in Vol. 8, Pages 1 and 2, Map Records of Nueces County, Texas. This description, without further research, appears to describe legally platted lots for tracts B and C. A more accurate description is Tracts "B" and "C" of Lot 22 of Block "H" of FLOUR BLUFF ESTATES, being the east 100 feet of the west 150 feet of said Lot 22 save and except the north 12.5 feet thereof which has been heretofore reserved for street purposes, and the east 100 feet of the west 150 feet of the north one -half of Lot 21 of Block "H" of FLOUR BLUFF ESTATES, save and except the south 12.5 feet thereof which has been heretofore reserved for street purposes, a recorded subdivision in Corpus Christi, Texas, according to the map or plat thereof recorded in Vol. 8, Pages 1 and 2, Map Records of Nueces County, Texas. It appears that Lots 21 and 22 were divided by metes and bounds, and not by replat, into up to four lots. This occurred on many of the lots within the subdivision. Melody Street was dedicated by the unrecorded subdivision. The property has changed hands many times. The City has provided utility service to the property. It appears that the property has been subject to foreclosure using the informal description. The property has been previously used for residential purposes. Mr. Lee now desires to use the property for a single residence. Mr. Lee applied for a building permit and was denied. He then, through his counsel, Allen Lee, presented a history of the use of the tract descriptions, without formal replat of the property. In an effort to resolve the dispute, Mr. Lee and staff have proposed a development agreement that will allow Mr. Lee to obtain the building permits for the construction of the improvements. At the same time, Mr. Lee will submit the necessary documents for 1 of 2 [Exhibit the replat of the property into a single platted lot. The development agreement requires completion of the replotting prior to the issuance of a certificate of occupancy for the structure to be constructed. The proposal provides each party with its primary objective. Mr. Lee gets approval to proceed with construction. The City gets the property platted. Due to unusual history of this property, Mr. Lee has requested that the agreement include waiver of the fees associated with the replat. Staff supports this request. 2 of 2 Eh i b it Dec 13 07 12:23p Law Office of Aden Lee 361-225-0002 DEVELOPMENT AGREEMENT p.1 STATE TEXAS COUNTY OF NUECES This Development Agreement (Agreement) is made and entered into by and between the City of municipality, and James E. Lee (Developer), 524 i Texas (City). a Texas home rule t corpus �hr�st , + l referred to the "Parties", • Christi, Texas 7841 , hereinafter collective Lakeside, Corpus � i effective a ta# � this upon the remises and for the purposes set out herein; are Agreement. INTRODUCTION A. 'n interests in real property in Nueces County, Developer is the holder and developer o f er�a� � � ;� BLUFF "B" "C" dot 22 o floc f F�,[� � etas. which areal property and the Texas, west 150 feet of s Lot 22 save and except � ESTATES, being the east 100 feet the ire the east heretofore reserved for street purposes, and t nrt�h 1 �. feet thereof which has been *� �� BLUFF north one -half of Lot 21 o Block off` 100 feet a west 150 feet of the heretofore reserved the south 12.5 feet thereof which has been hereto ��r'��� save and except t, as� accord to map or for street purposes, a recorded subdivision in Corpus Christi, T Records o due County, Texas) is plat thereof recorded in Vol. 8, Pages 1 2, Map pia further described and depicted on it A attached hereto and made a part hereof. The subject property has been conveyed without a formal replatting and is served by all city services. intends property the eonstructi of a single family B. The Developer to develop the real p � residence (Project). City f the real property contributes to the economic C. The�i� l�ct�t development of the City. faith to provide for the concurrent construction of D. The Parties desire to work together in good p residential improvement and the replatting of the real property. the p mutual assurances set forth herein and good and valuable NOW, THEREFORE, for the mutually acknowledged, the consideration, sufficiency of which are hereby pledged t h the receipt and s�xiiic Parties agree as follows: Section Ll. ARTICLE 1 CITY'S RESPONSIBILITIES Perrnit issu e. p ou the submission of a complete application for the required permits for the construction of the residential improvements and payment of appropriate fees, the City will issue the necessary permits for the construction, Page ] of Dec 13 12:23p Law Office of Allen Lee 361- 225-0002 p2 Section 1.. Certiatc of Occupancy. The City wilt issue a Certificate of Occupancy for the residential improvements upon the completion of the improvements in accordance with the technical codes of the City and upon the recordation of the final plat of the replat of the real property contemplated herein_ Section 2.1. ARTICLE DEVELOPER'S RESP NSI ILITI S Replotting. The Developer agrees, at the Developer's expense, submit all necessary paperwork, applications, information required for the replatting of the property in accordance with the City's Platting Ordinance and otherwise comply with the City's Platting Ordinance, concurrent with the application for the requisite permits for the residential construction. City agrees to waive the fees for replotting the property, as well as any fees, if applicable, should the City's ordinance on portionality be applicable to the facts of this case. The development contemplated is changing a lot size from three lots to one 101 of approximately 100 feet by 150 feet Section 2.2 Compliance. Notwithstanding any provisions in the City's ordinances, rules and regulations to the contrary, the Developer agrees to comply with all applicable codes, ordinances, rules and regulations that are in effect as of the date of this Agreement, or as amended or supplemented as a result of this Agreement. Section 3.1. ARTICLE ICL Ill TERM, ASSIGNMENT AND AMENDMENT Term. The term of this Agreement will commence on the Effective Date (as defined below) and continue until completion of the objectives of this Agreement:. Mess terminated on an earlier date under other provisions of this Agreement or by written agreement of the City and the Developer. The Effective Date of this Agreement will be the date of full execution by the Parties. This Agreement will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. Section 3.2. Amendment by Agreement. ent. This Agyeement may be amended at any time by mutual written consent of the City and Developer, or its successors or permitted assigns. Section 3.3. A.sizninn. This Agreement and the rights of the Developer may be assigned to any subsequent owner of the real property, subject to the prior written consent of the City, which consent will not be unreasonably withheld. Any assignment Page 2 of Dec 13 07 12:23p Law Office of Allen Lee 361-225-0002 p3 will be in writing, wilE specifically set forth the assigned rights and obligations and will be executed by the posed assignee. Section 3.4. Coo lion. The Parties will cooperate with each other as reasonable and necessary to carry out the intent of this Agreement, including but not limited to the execution of such further documents as may be reasonably required. Section 4.1. ARTICLE IV MISCELLANEOUS PROVISIONS Notice. Any notice given under this Agreement must be in writing and may be given: (1) by depositing it in the United States nail, certified, with return receipt requested, addressed to the party to be notified and with all charges prepaid; (ii) by depositing it with Federal Express or another service guaranteeing "next day delivery', addressed to the party to be notified and with all charges prepaid; (iii) by personally delivering it to the party, or any agent of the party listed in this Agreement; or (iv) by facsimile with confirming copy sent by one of the other described methods of notice set forth. Notice by United States mail will be effective on the earlier of the date of receipt or three days after the date of mailing. Notice given in any other manner will be effective only when received. For purposes of notice, the addresses of the Parties will, until changed as provided below, be as follows: City: City of Corpus Christi Attn: City Manager 1201 Leopard Street PO Box 9277 Corpus Christi TX 78469 -9277 Wi Dec 13 07 12:23p Law Office of Alien Lee 361 -225 -0002 p.4 Section 4.2. $cverabiljaivcr. If an provision of thi Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the Parties that the remainder of this Agreement not be affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or enforceable provision as is possible. Each of the rights and obligations of the Parties hereto are separate covenants. Any failure by a party to insist upon strict performance by the other party of any provision of this Agreement will not be deemed a waiver of such provision or of any other provision, and such party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agrreement. Section 4.3. tAp livable -and Venue. The laws of the State of Texas govern the interpretation, performance, enforcement and validity of this Agreement. Venue will be in a court of appropriate jurisdiction in Nu,eces County, Texas. Section 4.4. BAire eery ent. This Agreement contains the entire agreement of the Parties and there are no other agreements or promises, oral or written between the Parties regarding the subject matter of this Agreement. This Agreement can be amended only by wri Dec 13 0/ 12:23p Law Once of Allen Lee Section 4.8. 361 -225-000 P.5 employees or agents of either party may not be, nor be constnied to be, the employees or agents of the other party for any purpose. survivaiQf:.tep. AB representations, warranties, covenants and agreements of the Parties, as well as any rights and benefits ofthe Parties pertaining to the transaction contemplated hereby, will survive the original execution date of this agreement. Section 4.9. Proportionality. Developer agrees that the public improvements contemplated to be made by or at the expense of Developer are roughly proportional to the Development under Section 212.904, Texas Local Government Code. ARTICLE EXHIBITS The following exhibits are attached to this Agreement, and made a part hereof for all purposes: Exhibit A Depiction of the real property. The undersigned Parties have executed this Agreement on the dates indicated below. CITY CFI CORPUS CHRISTI a Texans municipal corporation James E. Lee 524 Lakeside Corpus Christi, Texas 78418 Page 5 of Dec 13 12:24p Law Oboe of Allen Lee 361- 225 -0002 p,6 Lot 1: Tract "B" of Lot 22 of-Block "H" of FLOUR BLUFF ESTATES, a subdivision of the city_of Corpus Christi, Nueces County, Texas, as shown b the map or plat thereof, recorded in Volume 8, Pages 1 & 2, Map Records, Nueces County, Texas, Lot 2: Tract "C" of Lot 22 of Block "H" of FLOUR BLUFF. ESTATES, a subdivision of the ei o Corpus Christi, Nueces County, Texas, as shown t map or plat thereof, recorded Pages 1 Map Records, Nueces County ,Texas, in Volume 8, 1'a 2, p Lot 3: The East 100' x 63' of the West 150' of the North half of Lot 21 of Block 1-1" of FLOUR BLUFF ` ESTATES, a subdivision of the city of Corpus Christi, Nueces County, 'Texas, as shown by the map or plat thereof, recorded in Volume 8, Pages 1& 2, Map Records, Nueces County, Texas, EXHIBIT " 23 -E 9-A 0 Q y'3.4 O /s RFis y 3��HO40R��F EXHIBIT C 11 AGENDA MEMORANDUM M AGENDA DA ITEM: December 18, 2007 Motion authorizing the City Manager to execute a Deferment Agreement with tJ Stor of CC My, LLC, (Developer), in the amount of $97491 .68 to defer construction of public water and wastewater improvements for Holly Park, Block 1, Lots 2, 3, and 4, located north of Holly Road and east of Kostoryz Road, in accordance with Section \a/.A.3.W of the Platting Ordinance and waiving Section V.A.3.b)(2) of the Platting Ordinance subject to receipt of an approved letter of credit. ISSUE: Mr. Murray Hudson, P. E. , with Urban Engineering, representing the property owner, U Stor of CC #I V, LLC, submitted a Deferment Agreement that waives Section .A.3.b of the Platting Ordinance requiring the Developer to provide operable water and sewer service as approved in the plat for each lot in the subdivision prior to submission of a deferment agreement to Planning Commission and City Council. The Deferment Agreement will waive the requirement for construction of water and wastewater public improvements to be seventy -five percent (75%) complete before the final plat of Holly Park, Block 1, Lot 2, 3, and 4 Subdivision is signed and recorded. The developer requested the deferment of public improvements to expedite the recordation of the plat so that he can close on the property and develop it as an over -all plan of development. The Developer will construct the public improvements as Building Permits are issued and construction of the development takes place. The City will not issue Certificate(s) of Occupancy until the deferred improvements are installed and accepted by the Director of Engineering Services. REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a deferment agreement with lJ Stor of CC #IV, LLC, (Developer). CONDITION: Developer must deposit a cash bond or equally liquid negotiable security with the City in the amount of 110% of the cost of the deferred improvements, and comply with all other requirements of the deferment agreement. RECOMMENDATION: 1TIOl : Staff recommends approval of the motion as presented. TU Bob Nix, AICP ACM of Development Services Attachments: Exhibit A Background Information Exhibit B Plat Exhibit C Wastewater and Water Schematic (2 pages) Exhibit D Letter of credit Exhibit E Cost Estimate Exhibit F Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Holly Park, Block 1, Lot 2, 3, and 4 plat was approved by the Planning Commission on September 19, 2007. Holly Park, Block 1, Lot 2, 3, and 4 is a 7.865 acre tract platted for the purpose of developing a commercial subdivision located north of Holly Road and east of Kostoryz Road (Exhibit B). Staff recommendations for platting this property include the requirement for water and wastewater construction plans and construction. Mr. Murray Hudson, P.E., with Urban Engineering, representing the property owner, U Stor of CC #i v, LLC, submitted a Deferment Agreement that waives Section V.A.3.b 2 of the Platting Ordinance, which requires the Developer to provide operable water and sewer service as approved in the plat for each lot in the subdivision prior to submission of a deferment agreement to Planning Commission and City Council. The Deferment Agreement will waive the requirement for construction of water and wastewater public improvements to be seventy- -five percent (75%) complete before the final plat of Holly Park, Block 1, Lot 2, 3, and 4 Subdivision is signed and recorded. The developer requested the deferment of public improvements to expedite the recordation of the plat so he can close on the property and develop it as an over -ail plan of development. The Developer will construct the public improvements as Building Permits are issued and construction of the development takes place. The public improvement construction deferred includes 733 linear feet of 8 -inch PVC water distribution main and 844 linear feet of 12-inch sanitary sewer collection line (Exhibit C). Construction plans for the public improvements have been submitted and are pending approval by the Development Services Department. The Developer agreed to deposit $97,491.68 in the form of a letter of credit (Exhibit D), which is 110% of the estimated cost (Exhibit E) of constructing the required improvements. A deferment agreement, (Exhibit F) between the City of Corpus Christi and U Stor of CC IV, LLC will allow the Developer to defer the construction of the required improvements for a period of up to one (1) year from the date of the deferment agreement. The City will not issue Certificate(s) of Occupancy until the deferred improvements are installed and accepted by the Director of Engineering Services. LExhibit A� pooh:; JagaM Z • 0 Exhibit Page 1 of 1 j$I1%TRUSTBank N.A. IRREVOCABLE STANDBY LETTER OF CREDIT wing Bank: NTRUST BANK, N.A. nternational Banking Dept. 105 N. NUN ICHITA KS 67202 ate of Issue: 12/07/07 pplleant: ST OR OF CC#LV, LLC 100 E � 22ND ST ., BLDG 1900 !CHIT A, KS 6 72226-2319 Ur L/C No: O7 BL 0 x f i ate/Place: 12/07/08 / WICHITA, KS nelkiary: ITY OF CORPUS CHRISTI .. BOX 9277 • ORPUS CHRISTI, TEXAS 78469 -9277 T FN: ASST DIR OF DEVELOPMENT SERV. redit Available with Nominated Bank,: NTRUST B NK, NA nternational Banking Dept • 15 N. MAIN ICITA, KS 67202 8 : PAYMENT Tenor: S ' t d isln Bank: mount: USD 97,491.68 gainst the documents detailed herein and Beneficiary's draft (s) drawn n INTRUST•Bank N.A. Wichita, Kansas e hereby establish our irrevocable letter of credit ("Irrevocable Lehr of Credit") in favor ofthe City of Corpus Christi C' Beneficiary") for the account of U tor of CC #IV, LLC, acting by and through it's officer Marie Sheets "Customer"), authorizing Beneficiary to draw on INTRUST Bank, N.A. 105 N. Main t, Wichita, KS 67202 "Issuer") the amount of $97,491.68 (Ninety Seven Thousand Four Hundred Ninety One and 68/100 US Dollars), under Beneficiary's raft bearing the clause "Drawn under INTRUST Bank .A. Irrevocable Leiter of Credit No. 07SBLC0 06 dated Dec rn er 7, 200r and accompanied by all of the following documents ("Documents"): 1) The original of this Letter of Credit; and 2) The sworn affidavit of the City of Corpus Christi's City Manager, or his designee, stating the authority of the affiant to make the affidavit or behalf of eneficiary and further stating as follows: "That U Stor ofCC #I , LIZ has not installed the required improvements or vacated the plat ofdevelopment as required by its.Dcfcrral Agreement with City of. Corpus Christi within the time period allowed." his Irrevocable Letter of Credit guarantees the obligations of the Customer to the Beneficiary as provided in the Deferral Agreement artial drawings are not permitted under this Irrevocable Letter of Credit. his irrevocable Letter of Credit is not transferable. Issuer hereby agrees with Beneficiary that upon presentation on or before 5 o'clock p.m.., CST not later than Decenber 7, 2008, that drafts drawn under and n compliance with the terms of this Irrevocable Latter of Credit, Issuer will duly honor this Irrevocable Letter of credit. his Irrevocable Letter of Credit is guaranteed for one year from the date of issuance however it is a provision of this credit that it be automatically extended r additional periods of one year unless, at least 90 days prior to the current expiration date, Issuer informs Beneficiary, Attu: City Manager in writing by 'fled Mail or Overnight Courier at the above address that Issuer has elected not to extend this credit. In the event of non-extension notice failure of pplicant to provide a substitute Irrevocable Letter of Credit 30 days prior to expiration of the then current ttwocabte letter of Credit will constitute a efault upon which the then current irrevocable Letter of Credit may be called in its entirety, even though not stated above as a specific event of default. is irrevocable Letter of Credit sets forth in full the terms of our undertaking and such undertaking must not in any way be modified, amended, or amplified ► reference to any document, instrument or agreement referred to herein or to which this irrevocable Letter ofCrcdit• is referred to or to which this rrevocable Letter of Credit relates, and any such reference is not deemed to incorporate herein by reference any docum a 1, instrument, or agreement Issuer is not a party to, or bound by the terms of any agreement between Beneficiary and Customer.. Further ore, Issuer shall honor this Letter of Credit without inquiring into the truth of the statements made in the sworn affidavit of Beneficiary which statements will be considered by issuer to be determinative, conclusive and final. This irrevocable Letter of Credit will be governed by the provisions ()film Unifbn n Customs and Practice for Documentary Credits, 1994 Revision, International Chamber of Corr merce Publication No. 500 DCP OO to the extent not inconsistent with the laws of the State of Texas and more particularly with theprovisiont ter 5 of the Texas Business and Commerce Code currently in erect. :17rely, Sarah Braden nternational Bankin Officer FORM 13210-57B Rev. 10/95 Exhibit D J D Store CC ##IV, LLC Letter of Credit No. 0780006 Approved as to form: December 12, 2007 i 0 mit Assistant City Attorney for the City Attorney Cindy O'Bri Director of Finance Eng: Murf Hudson, P.E. B: DDR DEVELOPMENT AGREEMENT ESTIMATE FOR PUBLIC IMPROVEMENTS HOLLY PARK, BLOCK 1, LOTS 2,3, AND December 4, 2007 Job No. 41177.00.00 [ITEM I -- - DESCRIPTION oN r IJAN. UNIT UNIT TOTAL PRICE Cost` A. WATER IMPROVEMENTS: 1 " PVC (C-900) 733 LF $22.00: $16,126.00 8" Gate Valve and Box 1 LF • $855.00 $855.00 Fire Hydrant Assembly Complete In -Place 2 LF $2,400.00 $4,800.00 8" X 45 degree Bend - - LF $340.00 $680.00 Tie to Existing 8" waterline 2 EA $900.00 $1,800.00 WATER SUB- TOTAL: $24,261.00 B. SANITARY SEWER IMPROVEMENTS: TS: 1 12" PVC 5' -8' Cut) 844 LF $36,292.0 2 Embedment 844 LF $6.20 $5,232.80 3 OHSA Trench Protection 844 LF $1.00 $844.00 4 4' Diam. MH 5' -8' deep) 3 EA $2,940.00 $8,820.00 4' Diam. Drop MH (5g-8' deep) 1 EA $3,100.00 $3,100.00 Tie to Existing sewer line 1 EA $900.00 $900.00 { SANITARY SEWER SUB-TOTAL: $55,188.80 C. ENGINEERING/SURVEYING FEES: 1 Topography Survey 1 LS $1,300.00 $1,300.00 2 Infrastructure Design 1 LS $5,279.00 $5,279.00 3 Construction Testing 1 LS $1,300.00 $1,300.00 4 Construction Staking 1 LS $1,300.00 $1,300.00 ENGINEERING /SURVEYING SUB-TOTAL: $9,179.00 - " 4 TOTAL ESTIMATED IMPROVEMENTS COSTS. $88,628.80 TOTAL ESTIMATED IMPROVEMENTS 1 COSTS GRAND at 110%: TOTAL: ; $97,491.68 $97,491.68 DEVELOPMENT AGREEMENT T Urban Engineering E 2725 Swantner Corpus Christi, TX 78404 1- 361 - 854 -8101 1 of 1 DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § 1,i S14-or of L\4-. CC This Agreement is entered into between the City of CorpufChristi, Texas, a Texas �� -07 home rule municipality, (hereinafter "City") and , a foreign limited liability corporation authorized to do business in Texas, {hereinafter "Developer' }, and pertains to deferral of the required completion of certain improvements required prior to filing the final plat of Holy Park, Block 1, Lots 2, 3, and 4 (the "plat " }, which was approved by the Planning Commission on September 19, 2007. A copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is obligated under Section 111, Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy-five percent (75 %) of the required improvements, before the final plat is endorsed by the City's Development Services Engineer. Detail construction drawings must be provided by the Developer and approved by the City's Department of Development Services prior to the start of construction; WHEREAS, the Developer is seeking to defer, for a period up to one year, the construction of the water and wastewater improvements (hereinafter the "deferred improvements"), as shown in Exhibit 2, as required by the City's Platting Ordinance; WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy-five percent (75 %) of the required improvements as required by Section 111, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, the Developer will deposit, with the City of Corpus Christi, a letter of credit in the amount of Ninety -Seven Thousand Four Hundred Ninety-One and 68/100 Dollars {$97,491.68 }, representing 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; WHEREAS, the City Attorney and Director of Finance have approved this transaction; WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, panic dedication deferment agreements, and maintenance agreements and all special covenants have been completed; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as foliows: 1. The City shall waive the requirement that the Developer provide operable water and sewer service as approved in the plat for each lot in the subdivision prior to submission of a deferment agreement to Council. The City shall waive the Page 1 of Exhibit F requirement that construction of the water and wastewater public improvements be completed before the final plat is endorsed by the City's Development Services Engineer and filed for record with the County Clerk of Nueces County and further agrees to allow the Developer to defer construction of the water and wastewater public improvements as shown in Exhibit 2, for up to one (1) year from the date of this Development Agreement. 2. The Developer shall deposit, with the City of Corpus Christi, a letter of credit in the amount of Ninety-Seven Thousand Four Hundred NinetyOne and 68/100 Dollars ($97,491 .68) as shown in Exhibit 4, before the Agreement is approved by Council, for 110% of the estimated cost of constructing the deferred improvements. 3. The Developer shall construct the deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. 4. Upon completion of the deferred improvements within one (1) year from the date of this Agreement, or later time as may be mutually agreed upon, in writing, by both parties, and upon acceptance of the deferred improvements by the City Engineer and upon compliance by the Developer with the remaining terms of the Development Agreement, the Development Services Engineer shall: a. Immediately release Developer from the obligations to construct the deferred improvements by mailing �+ a Release Letter tor:' u .�i�+P' UT CC. �L * I �..t.. 4 r f�liriT 11-3 "'L7 Grzrld-Stor7Lic.6-. 8100 E. 22"d St. N., Bldg. 1900 Wichita, Kansas 67226-2319 b. Retum to the Developer within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, any balance remaining of all monies received by the City from the Developer, including any interest earned. 5. If the deferred improvements have not been completed within one (1) year from the date of this Agreement, or if the Developer fails to deposit any increased security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 8 below, the City will transfer the money received, including any interest earned, to the appropriate City fund and the City may begin completion of the construction of the deferred improvements with any monies received from the Developer, both principal and interest, remaining after completion of construction being refunded by the City to the Developer. If City constructs all or any part of the required improvements, the Developer shall reimburse the City for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate to complete deferred improvements Page 2 of 6 within thirty (30) days after City completes the required improvements and bills the Developer. 6. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the deferred improvements, any money received by the City from the Developer remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. 7. If Developer defaults in any of its covenants or obligations under this Development Agreement, the City Engineer will send the Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after receipt of the notice and opportunity to cure, the Development Services Engineer may transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to the Developer, within sixty days of the completion of construction of the water and wastewater public improvements and settlement of construction contracts. 8. The City will not issue Certificate(s) of Occupancy for this development until the deferred improvements are installed and accepted by the Director of Engineering Services Department. a The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. 10. The Developer covenants to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 11. The City's Development Services Engineer, at Developer's expense, shall file of record this Development Agreement in the Real Property records of Nueces County. 12. No party may assign this Development Agreement or any rights under this Agreement without the prior written approval of the other party. 13. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted Page 3 of above the signature of the party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 14. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 15. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 5. 16. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. Page 4 of EXECUTED in triplicate this i day of , 2007. 11 stor ciF 10% 12-3 -CI 4G-61--Ster-,-66E. 8100 E. 22nd St. N., Bldg. 1900 Wichita, Kansas 67226-2319 L Daniel M. Ca THE STATE OF KANSAS § COUNTY O § ell, Manager 7 This instrument was on me acknowledged before Z , -- -- - - - - -- - # , 2007, by Daniel . Carney, Manager of CCU Stor, L.L.C. Notary Public, State of Kansas Page 5 of 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 1!4 174' day of 'Decernhe,r , 2007. Gary mith, Assistant City Attorney For the City Attorney 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 6 of 1,0Z,BS.9ZN 0 2 .1442 aoalwaig rbz 2trisivf Obi e ,o/g 12 Page 1 of 2 AN ORDINANCE ABANDONING AND VACATING A 2.975 ACRE TRACT OF UNDEVELOPED ELOPED AND UNSURFACED, DEDICATED PUBLIC RIGHT- OF-WAY (DEL 050 ROAD), OUT OF LOTS 6-7, SECTION 16, AND LOTS 14, SECTION 17, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, LOCATED WEST OF THE ENNIS JOSLIN ROAD PUBLIC RIGHT-OF-WAY, AND SOUTH OF THE SOUTH ALAMEDA STREET PUBLIC RIGHT-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, the City of Corpus Christi (owner), is requesting the abandonment and vacating of a 2.975 acre tract of undeveloped and unsurfaced, dedicated public right-of- way (Del Oso Road), out of Lots 6-7, Section 16, and Lots 1 -3, Section 17, of the Flour Bluff & En inal Farm & Garden Tracts, located west of the Ennis Joslin Road public right-of-way, and south of the South Alameda Street public right -of -way; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, December 11, 2007, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the public right-of-way, 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 2.975 acres tract of undeveloped and unsurfaced, dedicated public right- of-way (Del Oso Road), out of Lots -7, section 16, and Lots 1 -3, Section 17, of the Flour Bluff & En final Farm & Garden Tracts, located west of the Ennis Joslin Road public right-of-way, and south of the South Alameda Street public right-of-way, as recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: 1) The entire 50-foot wide right-of-way is retained as a utility easement. 2) A vehicular turn - around (12,657-square feet) dedicated and established approximately 300-feet west of the Ennis Joslin public right-of-way. 3) That portion of the abandoned right-of-way adjacent to Oso Beach Golf Course is retained for cart paths. H:1LE - DIRlShar d\ ary \agenda\ OO7\12 -11\ D- abandon- vacateRO -DelO of oad.do Page 2 of That the foregoing ordin ne was read for the first time and passed to its second reading n this the It-41 day of a_i , 2007, 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 That the foregoing ordinance was read for the second time and passed finally on this the day of _, 2007, by the following vote: Henry Garrett Priscilla 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: December 5, 2007 By: G =r 1 '. Smith Assistant City Attorney For City Attorney Henry Garrett Mayor H:\LEG -DIRl hared' ary \agendal2 O 112 -1 I \ FAD- abandon -va ateR0 - DelOsoRoad.doc CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: December 11, 2007 Public hearing and first reading of the ordinance to consider abandoning and vacating a 2.975 acre tract of undeveloped and unsurfaced, dedicated public right-of-way (Del Oso Road), out of Lots 6-7, Section 16, and Lots 1 -3, Section 17, Flour Bluff & Encinal Farm & Garden Tracts, located west of the Ennis Joslin Road public right -of -way, and south of the South Alameda Street public right-of- way; subject to compliance with the specified conditions. ISSUE: The City is requesting the abandoning and vacating of the public street right-of-way, but retaining ownership to protect the Golf Course cart paths and other Improvements within said right - of -way. PRIOR COUNCIL ACTION: October 16, 2007 (Ord. No. 027451)- Council had previously approved and executed a declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A&M University System for the Benefit of Texas A &M University- Corpus Christi relating to the conveyance of 140.39 acres of land in the vicinity of Ennis Joan Rd. and Nile Drive. REQUIRED IF ED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights -of -way, City Code requires a public hearing prior to the vacating and abandonment of any street rights -of -way. RECOMMENDATION: M NDATION: Staff recommends approval of the ordinance as presented. Bob Nix, AI CP ACM of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map Exhibit D — Metes and Bounds of Proposed Street Closure Exhibit E — Metes and Bounds of Proposed Turn - Around Dedication AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: City of Corpus Christi is requesting the abandoning and vacating of the 2.975 acres of undeveloped and unsurfaced portion of the Del Oso Road dedicated public right-of-way, located west of the Ennis Joslin Road public right -of -way. The City will be retaining ownership of the entire 2.975 acre tract of Del Oso Road as part of the Oso Beach Golf Course, and designating the tract as a utility easement. The dedicated ROW to be abandoned and vacated is located in an "R-1A" One Family Dwelling District. The abandoning and vacating of the dedicated public right -of -way must occur prior to the execution of the declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A&M University, or according to state law, Texas A &M University would receive half of the right -of -way. All public and franchised utilities were contacted regarding this closure request. City Water Department has a water main within the proposed street closure and is requiring that the owner retain a minimum 15-foot utility easement for the water main or relocate the water main at owner's expense. Wastewater Department has a 10-inch VCP and a 24-inch VCP sanitary sewer line within the proposed street closure and is requiring that the Owner retain some utility easements for both the sanitary sewer lines or relocate the existing lines at owner's expense. Traffic Engineering is requiring that a vehicular turn - around (12657-square feet) be dedicated and constructed approximately 300 -feet west of the Ennis Joan Road public right -of -way, as part of the conditions of the abandonment and vacation of the public right -of -way. The Planning Department alon with the Park and Recreation Department are requiring that the owner retain some cart paths within the proposed street closure for the No. 2 and No. 3 fairways, located at the Oso Beach Golf Course. None of the other public and franchised utilities had any objections to the closure. Staff recommends that payment of the fair market etvalue be waived because City Code, Sec. 49-12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case and when the closure is initiated by the City. EXHIBIT A Page 1 of 2 AN O DI IANCE ABANDONING ING Al D VACATING A 2.975 ACRE TRACT OF UNDEVELOPED AND UNSURFACED, DEDICATED PUBLIC € IGHT- oF -WAY (DEL 050 ROAD), , O T OF LOTS 6-7, SECTION 16, AND LOTS 1-3, SECTION 17, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, LOCATED WEST OF THE EN IS JOSLIN ROAD PUBLIC RIGHT -OF -WAY, AND SOUTH OF THE SOUTH ALAMEDA STREET PUBLIC RIGHT -OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, the City of Corpus Christi (Owner), is requesting the abandonment and vacating of a 2.975 acre tract of undeveloped and unsurfa ed, dedicated public right-of- way (Del Oso Road), out of Lots 6-7, Section 16, and Lots 1-3, Section 17, of the Flour Bluff & Encinal Farm & Garden Tracts, located west of the Ennis Joslin Road public right-of-way, and south of the South Alameda Street public right -of -way; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, December 11, 2007, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the public right -of -way, subject to the provisions below. (Exhibit) NOW, THEREFORE, E, BE IT ORDAINED ED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That 2.975 acres tract of undeveloped and unsurfaced, dedicated public right-of-way (Del Oso Road), out of Lots 6-7, Section 16, and Lots 1-3, Section 17, of the Flour Bluff & Encinal Farm & Garden Tracts, located west of the Ennis Jos lin Road public right-of-way, and south of the South Alameda Street public right -of -way, as recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, is abandoned and Vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right-of-way is conditioned as follows: 1 The entire 50-foot wide right -of -way is retained as a utility easement. 2) A vehicular turn - around (12,657-square feet) dedicated and established approximately 300 -feet west of the Ennis Joslin public right -of -way. 3) That portion of the abandoned right -of -way adjacent to Oso Beach Golf Course is retained for cart paths. H: \LEG -01Rl hared\ ry \agenda\ 00 11 -1 lIORD-abandon-vacateROW-DelOsoRoad.doc Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day f �_ -- , 2007, by the following vote: Henry Garrett -- Priscilla G. Leal Melody Cooper John E. Marez Larry Bizondo, Sr. -- Nelda Martinez Mike Hummel! Michael McCutchon -- 13111 Kelly - That the foregoing ordinance was read for the second time and passed finally on this the day of , 2007, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez_- - Mike Hummel' ell IIIi hael McCutchon tohon _ Bill Kelly PASSED AND APPROVED, this the day of - -_, 2007. ATTEST: Armando Chapa a Henry Garrett City Secretary Mayor APPROVED as to form: December 5, 2007 By: r . Smith Assistant City Attorney For City Attorney H:\ LEG -DIF \ hared\ ary la nda12007 \12 -11 \OF D- abandon -va to 1I -D losoRoad.do >-- L.LJ Lt. CD [-I2 co cD d C 0 o C 05- 0 u ct 0 1.1.1 UJ 0 CO V) 0 0 -Li on LE- UJ UJ o1— W ro 0 CC CC o : ro • • w C ' 0 0 0 1- z O ce D 0 1— 1--1 ce 270'00'00' D q rl Lai 0 0) N) 0 c3 CC CC oCi 1-1 r 0 :2 c Lil u (c) z El vi 0 CD 0 w A v)0 Ix h-1 WO CL v) o LL 0 v) I- 0 0 o cc co IC) Ct o N Z�c�o Q zWQdW Li Q Ct�Z L1C- -?4 8 -1 Ri g ov—o°c 8 O o O °c( 4-1 ezK p Q= Q ^m ti to cc cr) � W co C N °tw 13 ORDINANCE AUTHORIZING THE CITY OF CORPUS CHRISTI TO TAX TANGIBLE PERSONAL PROPERTY IN TRANSIT WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 1'1.253. WHEREAS, the 80th Texas Legislature in Regular Session has enacted House Bill 621 to take effect on January 1, 2008, which added Tex. Tax Code §11.253 to exempt from taxation certain tangible personal property held temporarily at a location in this state for assembling, storing, manufacturing, processing or fabricating purposes (goods -in- transit) which property has been subject to taxation in the past; and WHEREAS, Tex. Tax Code §11.253(j) as amended allows the governing body of a taxing unit, after conducting a public hearing, to provide for the continued taxation of such goods -in- transit; and WHEREAS, the City Council of the City of Corpus Christi, having conducted a public hearing as required by Section 1 -n(d), Article VIII, Texas Constitution, is of the opinion that it is in the best interests of the city to continue to tax such goods -in- transit; NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: The goods -in- transit, as defined Tex. Tax Code 1 '! .253(a) (2), as amended by House Bill 621, enacted by the 80th Texas Legislature in Regular Session, shall remain subject to taxation by the City of Corpus Christi, Texas. Dated this day of _, 2007. Henry Garrett, Mayor Attested: Armando Chapa, City Secretary That the foregoing orginance was read for the first time and passed to its second reading on this the day of heetlifiet , 200 , 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 the foregoing ordinance was read for the second time and passed finally on this That t the day of , 200 7, by the following �n vote: Henry Garrett Priscilla G. Leal _- Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell meli Michael McCutchon ..� Bill Kelly APPROVED AND PASSED on this day of , 2007. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED AS TO LEGAL FORM: !, 2007. Benja in V. Lugg Assistant City Attorney for the City Attorney CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 11, 2007 AGENDA ITEM: Public hearing and first reading of ordinance authorizing the City of Corpus Christi to tax tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. ISSUE: Beginning January 1, 2008, goods that reside temporarily in warehouses within a city while awaiting shipment to other locations within or outside of Texas will be exempted from ad valorem taxation. Cities may continue to tax these goods if they choose to exclude the exemption by December 31, 2007. If the City of Corpus Christi does not take action to exclude the exemption, there may be a potential value loss of an estimated $35,381,000. The potential revenue loss could be approximately $200,000. REQUIRED COUNCIL ACTION: Hold a public hearing to enable taxpayers to express their views on the proposed exemption of certain goods from ad valorem taxation. Additionally, approve the Ordinance to tax tangible personal property in transit which would otherwi BACKGROUND INFORMATION The 80th Texas Legislature recently passed House Bill 621 (HB 621) which allows for the exemption of certain goods in transit from ad valorem taxation. Taxing units have the option under the hill to continue to tax these goods. The bill stipulates that should a taxing unit desire to continue to tax those goods, a public hearing on the matter must be held, and official action must be taken to continue taxation on those goods. HB 621 exempts goods, principally inventory, that are stored in a location that is not owned by the owner of the goods, and are transferred from that location to another location within 15 days. The goods may be in the location for the purpose of assembling, storing, manufacturing, processing, or fabricating purposes by the person who acquired or imported the property. Being a new exemption, it is difficult to estimate what the fiscal impact will be on the City of Corpus Christi. It is possible that there will be little impact on the City initially, because most goods are kept in facilities that are owned by the owners of the goods themselves. However, this may change, once property owners determine that they can take advantage of the new exemption if they transfer ownership of either the goods or the facilities in which the goods are stored, manufactured, processed, etc. to legal entities with different ownership. This type of change could make the property exempt from taxation. As this exemption is similar to the Freeport exemption, if the value associated with the Freeport exemption is used as a beginning basis to estimate the impact of SIB 621, it is estimated that the City of Corpus Christi could have a potential ad valorem property value loss of $35,381,000. The potential revenue loss would then be approximately $200,000 per year. In order for the City of Corpus Christi to continue taxing these goods, the City must pass an ordinance by December 31, 2007 electing to exclude the exemption so that there will not be any potential loss in ad valorem property valuation and revenue loss. The goods -in- transit will then remain subject to taxation by the City until the City Council rescinds or repeals the ordinance which approved the taxation of the goods -in- transit. H. B. No. 621 1 AN ACT 2 relating to the exemption from ad valorem taxation of tangible 3 personal property held temporarily at a location in this state for 4 assembling, storing, manufacturing, processing, or fabricating 5 purposes. 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS 7 SECTION 1. Subchapter 8, Chapter 11, Tax Code, is amended by 8 adding Section 11.253 to read as follows 9 Sec. 11.253. TANGIBLE PERSONAL PROPERTY I _TRANSIT. (a) In 10 this section: 11 12 vessel and outboard_ _ motor ir►ventory -, " __'"dealer' - heavt_nuipment 13 inventor " and "retail manufactured hosn# inventor ' have the 14 meanings , ss.nc. _ ubhat er _ R r -hat er 21. 15 16 rarty -that : 17 18 be forwarded to another location in this state or outside this 19 state; 1) "Dealer's motor vehicle inventor , " "dealer's -2) _- "Goods -in- transit" cars -- ce personaa (A) - s acw.14Fe4 Apr iia orted into this state to 20 21 which the owner of the ! ro • ert does not have a direct or indirect 22 ownershi interest for 23 rocessin • or fabricatin 24 Map9!d th pipstF__e_d_tilitss_stfslyi ( is _ffietained at _a► location in this state in assemblin stox in manuactrin ur•o es b the •erson who ac! iced or 1 11.B. No. 621 1 ) is trans . orted to another location in this 2 state or outside this state not later than 175 days after the date 3 the per son _acquired the km ext ire or i or _ the property into 4 this state and does not i clt de oil natural as e r leum 6 voducts aircraft dealer's motor vehicle inventory, - dealer's 7 vessel and outboard motor inventory, dealer's heav - egmipment 8 inventory_ or retail manufactured ho sin inventor . 9 DJ_ "T►ocat n' means a phylical address. 10 "Petroleum product" 'means a liquid or gaseous 11 material that is an immediate derivative of the refinin of oil or 12 natural gas., 13 - A person is entitled to an exemption -from taxation of 14 the apraised vat of that potion of the reon'e property that 15 consists of ago - i -t ra► si . 16 'h ex ion pr ovide d b sub =e t i n (b) is subtracted 17 from the „market =use_ of thit_property determined under section 18 23.01 or 23.12 as a • lica le to determine the taxable value of the 19 property. 20 Isn___Zxcept aa_ zoyi�ded bae tiona f) and the chief. 21 appraiser shall determine the appraised value of goods-in-transit 22 under this subsection. on.. The chief aspraiser shall determine the 23 pei centa e of the market value_ of tang l pe);p_on#1.imertwned 24 b the • ro ! ert owner and used for the roduction of income in the 25 recedin 1arr ear that was contribute( by goods -in- sip, 26 For _the first year in which the _ ee�nti- applies to a tax in ' unit 27 the chief a • raiser shall determine that • er centa • e as if the 2 1 eern•tion a 2 3 4 5 6 7 8 9 exclude the cost of e ent machiner or materials that entered 10 into and became com onent 11 not themselves odds-in-transit or that were not trans orted to 12 another location in this state or outside this state before the 13 ex • iration of 175 da 24 state b the • ro • ert 15 this state. Por con! onent ±arts held in bulk the chief a 16 ma use the avera * e len • th of time a com • onent • art was .held b the 17 owner of the com 18 in this state that 19 of the com • orient 20 were trans ored to another location in this state or outside this 21 . state before the ex lion of 175 days. 22 23 goods-in-transit to _another location in this state or outside this 24 state for the entire preceding year, the chief appraiser shall 25 calculate the excenta * e of the market value described in 26 ube on (dL for- -the portion_of the year in which the property, 27 owner was en•a #ed in trans•ortin* •cods-in-transit to another • i H. B. No. 621 lied in the • recedin ' ear . The chief a. i raiser shall apl3aercentae the mares l xe owner ± s tan i 1e • er sonai to + ert used for the roduction of income for the current ear to determine the a raised value of go odB in trans ,t fox the current veal* e In Bete minin the market value of ds-in-transit that in the *recedin* ear were assembled stored manufactured rcessed or fabricated in this state the chief a . raiser shall arta of th e .00da- in- transit but were s after the date the were brou ht into this owner or ac s ed b the r ert owner in raiser onent arts dux in the recedin ear at a location was not owned b or under the control of the owner arts in determinin whether the com onent arts f if the .ro ert owner was not en a ed in trans o i in 3 H. B. No. 621 1 location in this state or outside this state. If the - _Eioerty owner or the chief aaiser 3 demonstrates that the method provided by Subsection - - ( jnificantiy- understates or overstates the a ket value_ of the 5 o e c _qualified for an i n _ un_ Subsection b in -tie 6 current year( the chief a1?pra sear shall d to mile the market value 7 of h ood -in -raps to be exe_pipby determinin• actor i • to t e__ X p rt owner's records and an other available information,, the market value of those * oods- in- transit owned b the • ro • ezt der on anuar t]n -..- current year ex lulin• the cost of plUipitenta. achine r n a►te iais that enter ed into and became com # onent • arts of the • oods-in-transit but were not themselves o de -7in- transit or that were -snot transported e--another location in this state or outside this state before the - x iration of 175 dais after the date the were brous t_ -into this state b_y the property owner or a,ui red by the property owner in this state. p9 The chief araiser written notice delivered to a o et owner who claims an exec►* tion under this section ma 8 9 10 11 12 13 14 15 16 17 18 19 re # uie the • ro et owner to 20 the chief appraiser can _determine the amount and _value of 21 . oods -in -t a sit and that the location in this state where the 22 goods-in-transit were detained for aasemb1in , storinc 23 manufacturing, processing, of a ricat ■n tsar Dees v as not owed ] 24 or under the control of the owner of the - oods-in-transit. If the 25 Dety owner fails to deliver- the information requested in the 26 notice before the 31st da after the date the notice is delivered to 27 the prop_e_rty owner t the o ewner forfeits the right to claim rovide co * ies of # ro ' ert records so 4 1 RiLlmiej,ve the exemR, on for 2 3 constitutes • oods -in" transit re ■ aidless of whether the exson who 4 own$ the • ro • ei on Januar 1 is the • exs n who trans i oats the 5 ! o * ert to another location in this state or outside this state. 6 The vernir g body of taxing nit , in the manner 7 mg_ired for official action b c ern .ng boy raa provide for 8 the at .ox ds- i r transit e e t under er ubse t on pa) and 9 not exem # t under other law. The official action to tax the 10 _o e - n- transit must_ be taken_ before anuar r -- - -o the first _tax 11 ear n which the • overnin • bod ' o s ores to tax • oode -in- transit . 12 Before actin • to tax the exam # t • # er t 13 14 15 a taxing utn .t rovidea for_ he taxation _of_ the oo a- inn -trap it as 16 provided by th . _ ub ectiont the_ a em t on_ prescribed by ubs ction 17 b does not a • ]. to that unit. The • oods- in- transit remain 18 _ to taxation b the taxinQunit until the go err ira body of 19 the toxin # unit in the manner re • ired for official action 20 rescinds or re' eals its •previous action to tax ¶oods -in- transit or 21 22 23 24 taxation • rovided b Subsection b) is not eii • ible to receive the 25 exe 26 27 H.B. No. 621 111__Eumnx_Ipat meets the requirements of this section XO the ' overnin # bod of the toxin unit must conduct a •ublic hear n• as re•uired b Section 1 -n d Article VIII Texas Constitution* If the • overnin bod of otherwise determines that the exam (b)* will apply_ to that t ►x inc un .t . ( A property__ owner who tion rescribed b Subsection receives the exemption from +1 tion from taxation rovided b Section 11.251 for the same roe. SECTION 2. Section 26.012(15), Tax Code, is amended to read 5 H. B. No. 621 3. as follows: 2 (15) "Lost property levy" means the amount of taxes 3 levied in the preceding year on property value that was taxable in 4 the preceding year but is not taxable in the current year because 5 the property is exempt in the current year under a provision of this 6 code other than Section 11.253. or 11.253, the property has 7 qualified for speial appraisal under Chapter 23 : in 8 the current year, or the property is located in territory that has 9 ceased to be a part of the unit since the preceding year. 10 SECTION 3. Section 403.302C6), Government Code, is amended 11 to read as follows: 12 (6) For the purposes of this section, "taxable value" means 13 the market value of all taxable property less: 14 (1) the total dollar amount of any residence homestead 15 exemptions lawfully granted under Section 11.13(b) or (c), Tax 16 Code, in the year that is the subject of the study for each school 17 district; 18 (2) one -half of the total dollar amount of any 19 residence homestead exemptions granted under Section 11.13(n) , Tax 20 Code, in the year that is the subject of the study for each school 21 district; 22 (3) the total dollar amount of any exemptions granted 23 before May 31, 1993, within a reinvestment zone under agreements 24 authorized by Chapter 312, Tax Code; 25 (4) subject to Subsection (e) , the total dollar amount 26 of any captured appraised value of property that: 27 (A) is within a reinvestment zone created on or 6 H• . No. 621 1 before Nay 31, 1999, or is proposed to be included within the 2 boundaries of a reinvestment zone as the boundaries of the zone and 3 the proposed portion of tax increment paid into the tax increment 4 fund by a school district are described in a written notification 5 provided by the municipality or the board of directors of the zone 6 to the governing bodies of the other taxing units in the manner 7 provided by Section 311 . D3 e , Tax Code, before May 31, 1999, and 8 within the boundaries of the zone as those boundaries existed on 9 September 1, 1999, including subsequent improvements to the to property regardless of when made; 11 (B) generates taxes paid into a tax increment 12 fund created under Chapter 311, Tax Code, under a reinvestment zone 13 financing plan approved under Section 311.011( ) , Tax Code, on or 14 before September 1, 1999; and 15 (C) is eligible for tax increment financing under 1 6 Chapter 311, Tax Code; .7 for a school district for which a deduction from 18 taxable value is made under Subdivision (4), an amount equal to the 19 taxable value required to generate revenue when taxed at the school 20 district's current tax rate in an amount that, when added to the 21 taxes of the district paid into a tax increment fund as described by 22 Subdivision ( ) (B) , is equal to the total. amount of taxes the 23 district would have paid into the tax increment fund if the district 24 levied taxes at the rate the district levied in 2005; 25 the total dollar amount of any exemptions granted 26 under Section 11.251 or 11.253, Tax Code; 27 (7) the difference between the comptroller's estimate 7 H.B. No. 621 1 of the market value and the productivity value of land that 2 qualifies for appraisal on the basis of its productive capacity, 3 except that the productivity value estimated by the comptroller may 4 not exceed the fair market value of the land; 5 (8) the portion of the appraised value of residence 6 homesteads of individuals who receive a tax limitation under 7 Section 11.26, Tax Code, on which school district taxes are not 8 imposed in the year that is the subject of the study, calculated as 9 if the residence homesteads were appraised at the full value 10 required by law 11 (9) a portion of the market value of property not 12 otherwise fully taxable by the district at market value because o: 13 (A) action required by statute or the 14 constitution of this state that, if the tax rate adopted by the 15 district is applied to it, produces an amount equal to the 16 difference between the tax that the district would have imposed on 17 the property if the property were fully taxable at market value and 18 the tax that the district is actually authorized to impose on the 19 property, if this subsection does not otherwise require that 20 portion to be deducted; or 21 (13) action taken by the district under Subchapter 22 13 or C, Chapter 313, Tax Code; 23 (10) the market value of all tangible personal 24 property, other than manufactured homes, owned by a family or 25 individual and not held or used for the production of income 26 (11) the appraised value of property the collection of 27 delinquent taxes on which is deferred under Section 33. 06, Tax 8 H.B. No. 621 1 Code; 2 (12) the portion of the appraised value of property 3 the collection of delinquent •taxes on which is deferred under 4 Section 33.065, Tax Code; and 5 (13) the amount by which the market value of a 6 residence homestead to which Section 23.23, Tax Code, applies 7 exceeds the appraised value of that property as calculated under 8 that section. 9 SECTION 4. This Act applies only to taxes imposed for a tax 10 year beginning on or after the effective date of this Act. 11 SECTION 5. This Act takes effect January 1, 2008. 9 Texas House Bill 621 80t" Session of the Texas Legislature Department of Financial Services December 11, 2007 Purpose ❑ Review House Bill 621 (HB 621) that was passed during the 80t" Session of the Texas Legislature. ❑ Provide information on the impact of HB 621 on the the City of Corpus Christi. ❑ Recommend City Council action based on available options. 2 Background on HB 621 ❑ HB 621 was signed into law during the 801h Session of the Texas Legislature. ❑ Known as the "Super Freeport" bill, the legislation exempts goods that reside temporarily in warehouses (goods in transit) within a city while awaiting shipment to other locations within or outside of Texas. • This is different from the current Freeport exemption which exempts goods in transit for shipment outside of the State within 175 days. ❑ Exempt goods, principally inventory, may be in the location for assembling, storing, manufacturing, processing, or fabricating purposes and will be exempt if stored in a location that is not owned by owner of goods for 175 days or less. 3 Background on HB 621- Continued ❑ Goods presently excluded from exemption include oil, natural gas, petroleum products, aircraft, dealer's motor vehicle inventory, dealer's vessel and outboard motor inventory, dealer's heavy equipment inventory, and retail manufactured housing inventory. ❑ Petroleum products defined as the immediate derivatives of oil and natural gas, so some goods thought to be petroleum products may end up being exempt from taxation by this new law. ❑ The in- state exemption is scheduled to begin on January 1, 2008. ▪ The legislation allows Cities to "opt out" of the exemption and continue to tax goods in transit within Texas. LI The Nueces County Appraisal District has provided information to assist taxing entities in addressing this legislation, but makes no recommendations for or against the continued taxation of goods exempted by HB 621. 4 Impacts of HB 621 D No action taken results in potential lost value of $35,389,000 (based on estimates from the Nueces County Appraisal District using value associated with the current Freeport exemption as the beginning basis ). ❑ Revenue loss would be effective for the FY08 -09 Budget. D Revenue loss estimated to be approximately $200,000 using the current ad valorem tax rate of $0.563846 per $100 valuation. Options — "Opt -Out" of Exemption El HB 621 requires cities choosing to "opt out" must: ❑ HoId a public hearing; and ❑ Pass an ordinance no later than December 31, 2007 designating the continuation of the tax. L:J The City Council can reverse this action in the future. 6 Options — Do No "Opt -Out" D Take no action by December 31, 2007. O This will automatically provide the tax exemption for goods that reside temporarily in warehouses within the city while awaiting shipment to other locations within or outside of Texas. O Loss of approximately $200,000 in revenue for the FY 08 -09 City of Corpus Christi Budget. ❑ If determine to wait to impose the exemption, may repeal or rescind tax and re- impose the exemption in the future. 7 Recommendation u "Opt out" of the in -state exemption on goods in transit residing temporarily in warehouses by: UConducting a public hearing, and UApproving an ordinance to continue to tax the goods UBefore December 31, 2007. 8 Questions? 14 DATE: TIME: PLACE: AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING Tuesday, December 18, 2007 During the meeting of the City Council beginning at 10:00 a.m. City Council Chambers, 1201 Leopard St., Corpus Christi, TX 78401 President Mark Scott calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Bill Kelly, President John E. Marez, Vice President Melody Cooper Larry Elizondo, Sr. Henry Garrett Mike H u m e 1 I Priscilla G. Leal Nelda Martinez Michael M Cut hon Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer a. Approve Minutes of July 24, 2007 meeting. 4. Financial Report 5. Consider Approval Of A Memorandum m of Understanding concerning participation in the development of The Villas at Costa Tarragona 11, a multifamily housing development near the interchange of North Padre Island Drive and Interstate Highway 37 6. Public Comment. 7. Adjournment. MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING July 24, 2007 2:42 p.m. PRESENT Board of Directors Bill Kelly, President John Mare z, Vice President Melody Cooper Larry Elizondo, Sr. Henry Garrett Mike Hummell Priscilla Leal Michael McCutchon Nelda Martinez Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Bri Minutes — CCHFC Annual Meeting July 24, 2007 — Page President Kelly called for public comment. There was none. There being no further business to come before the corporation, President Kelly adjourned the meeting at 2 :46 p.m. on July 24, 2007. Corpus Christi Housing Finance corporation Summary of Transactions For Three Months Ended October 31, 2007 Fund balance at August 1, 2007 $ 368,888 Revenues: Interest 3,687 Application fees 975 Replacement fee 50 Issuance fee 2,625 Miscellaneous revenue 75 Total revenues 7,412 Expenditures: Administrative costs 5,892 Legal fees 1,355 Total expenditures ditures 7,247 Fund balance at October 31, 2007 385,7.53_ Corpus Christi Housing Fin n e Corporation Balance Sheet October 31, 2007 Assets Current assets: Cash in bank $ 107,337 Investments 258,416 Total assets 1 36L753 Liabilities and Fund Balance Liabilities: Accounts Payable Total Liabilities _ Fund balance: Undesignated 365,753 Total fund balance 365,753 Total liabilities and fund balance ,753_ MEMORANDUM TO: President Kelly and Members of the Board of the CCHFC FROM: George K. Noe, General Manager DATE: December 14, 2007 SUBJECT: Request for Meeting of the Corpus Christi Housing Finance Corporation 1 am requesting that a meeting of the Corpus Christi Housing Finance Corporation (CCHFC) Board of Directors (the "Board" ) be held during the City Council meeting of December 18, 200 7, to consider an item as follows: 1. Consider approval of a Memorandum of Understanding concerning participation in the development ent of The Villas at Costa Tarragona 11, a multifamily housing development near the interchange of North Padre island Drive and Interstate Highway 37. In 200 5, the CCHFC was involved in the development of a 250-unit apartment project named The Villas at Costa Tarragona. At that time, a Texas limited partnership was formed named Costa Tarragona 1, Ltd, in order to develop the property and operate it. The project was financed with $10,50000O of multi- family revenue bonds issued by the CCHFC and equity investments raised by the NRP Group in Cleveland, Ohio. The project is designed to serve low to moderate income tenants and conforms to the various legal requirements in connection with the use of tax exempt bonds, HOME partnership funds, and funds received from the Texas Department of Housing and Community nity Affairs. The project was designed to meet an acute need for new affordable housing in this area north of Leopard Street. The project includes a variety of community facilities and programs designed to a sist children, and the nearby CCISD elementary s hool has been underutilized due to population shifts. The Leopard Street Corridor Association has been involved in providing children's programming at the project. In order to make the project financially feasible, the property was acquired by the CCHFC and provided to Costa Tarragona 1, Ltd. under a long- term Ground Lease. The initial lease payment under the Ground Lease was sufficient to pay the purchase price for the land. The CCHFC formed a Texas limited liability company to serve as general partner of the partnership, and NRP Group raised equity funds through the placement of limited partnership interests with institutional investors. Based upon the ownership structure, the property is exempt from property taxes, and the construction of the project was exempt from the payment of sales taxes. As part of the initial land acquisition in 200 5, NRP Group obtained additional land to be used for expansion of the project. Phase 1 of the project is now completed and all but 39 units have been leased at this point. Leasing activity has been strong ever since the initial units became available, and NRP Group anticipates that the project will be fully occupied soon. Sufficient land is available to construct 96 additional units to complete the project. N FOP Group has determined that the most feasible way of constructing the additional units is through the use of 9% low income housing tax credits which are allocated by the Texas Department of Community Affairs each year. In order to submit an application for these tax credits, an applicant must provide a pre - application notice on January 7, 2008. Since the project will be financed through the use of low income housing tax credits, no tax exempt bonds would be sold by the CCHFC to provide financing. The only additional financing would come from a possible HOME grant of $400,000 and other short -term interim financing during the construction period. In order to proceed with preparing a tax credit application in 2008, NJ P Group proposes entering into a Memorandum of Understanding with the CCHFC on similar terms to what was done in 2005 for Phase!. The key difference is in replacing the financing with tax exempt bonds with obtaining the low income housing tax credits. Otherwise, the ownership structure is the same. The attached Memorandum of Understanding does not create any binding obligation on the part of the CCHFC or the City Council. It is solely designed to express the CCHFC 's interest in determining the feasibility of completing Phase 11 on this basis, and the parties agree to work together to determine whether the project can be completed as planned. Everything will be subject to the ability to obtain an allocation of the low income housing tax credits from the State, and it also will be subject to obtaining an allocation of HOME funds in the 2008 -09 allocation process. If for any reason the final terms are not acceptable to either party, nothing obligates either the CCHFC or the NRP Group to move for ward. Staff and a representative of the NRP Group will be available at the meeting to answer any questions. Costa Tarragona — A Community On the Bay by Debra Guerrero, Vice President —Texas The NRP Group LLC Corpus Christi's newest affordable community, Costa Tarragona, is creative both in its financing and ownership structure. The development is a joint venture between the NRP Group and the Corpus Christi Housing Finance Corporation (CCHFC), an affiliate of the City of Corpus Christi. The transaction was financed through a local issuance of Private Activity Bonds, Low Income Housing Tax Credits through TI CA, in addi- tion to a HOME allocation and Housing Trust Funds. The equity provider in the financing was Centerline Capital Group. an opportunity for the city to provide much needed qual- ity affordable housing, and at the same tine, have Costa Tarragona serve as an anchor for the redevelopment of an older deteriorating corridor of the city. Located at 1H37 South and South Padre (land Drive, the $20 million investment in this 250 unit community was strongly supported by community and neighborhood organizations throughout the city. This development was Management will manage Costa Tarragona but the city shares in developer fees and cash flow. Those mon- ies are then reinvested into whatever priorities the city designates. The Costa Tarragona community, designed by Alamo Architects, provides all of the comforts of a residential community including a fully furnished clubhouse with a computer center, health dub and swimming pool. The development includes 1, 2, 3 and 4 bedroom units with central air, individual washer /dryer hookups, and a full kitchen appliance package, including a microwave and dishwasher. CCFI C had riot issued bonds in over 15 years because of the financial challenges in making a proposal economically feasible. Low area median incomes, rising utility costs, high taxes and a lack of secondary "soft" money were all challenges faced by the devel- opment community and served to deter significant investment in affordable housing within the City of Corpus Christi. NIA' approached the city to serve as a partner to neutralize some of these issues. Finally, the development is a revenue generator for the city. NRP developed, NRP Contractors built, and NRP The Leopard Street Corridor Association, a local com- munity non-profit organization, will operate the resident services program that will provide an after- school "Homework First" curriculum for the children of the residents. Jimmy Rodriguez, President, Leopard Street Corridor Association said, "It is our hope that this public- private partnership will spur even greater investment in the older business corridors leading to the downtown area." The development is approximately 75% complete, with final completion anticipated by September of 2007. The units are currently being leased as quickly as they are being turned over to management. 12/14/07 MEMORANDUM OF UNDERSTANDING BETWEEN THE CORPUS CHRISTI HOUSING FINANCE CORPORATION AND NRP HOLDINGS LLC COSTA TARRAGONA II This Memorandum of Understanding (the "M U" ) is between The Corpus Christi Housing Finance Corporation ("CCHFC"), a Texas housing finance corporation, and NRP Holdings LLC ("Developer"), an Ohio limited liability company, and is dated effective as of December , 2007. Developer is a developer of affordable housing in the State of Texas. CCHFC is a Texas housing finance corporation whose mission is to provide safe, decent and sanitary housing for low -to- moderate- income persons. Developer and CCHFC already have completed Costa Tarragona 1 and hereby agree to work cooperatively to develop additional affordable housing at the following location, in accordance with the terms of this MU: The Costa Tarragona II, being a 96-unit multifamily development to be located adjacent to Costa Tarragona 1 at the southeast corner of the intersection of North Padre Island Drive and Interstate Highway 37 in Corpus Christi, Texas (the "Project"). In order to accomplish this purpose, the parties agree as follows: AGREEMENTS: A. Liability and Hold Harm1 A t 1. All parties agree that there shall be absolutely nothing in this MOU or any other agreement concerning this property that will give rise to a charge against the general credit or taxing powers of the City of Corpus Christi nor shall this MOU be anything other than a limited obligation of the CCHFC, limited solely to the CCHFC's interest in the project. 2. The Developer intends to apply for HOME funds from the City of Corpus Christi and it is anticipated that the City's standard HOME funds contract will be executed by the Developer. The contract shall become a covenant running with the land. The parties acknowledge that the approval of any HOME funds for the Project is subject to compliance with all terms of the request for proposals solicited by the City of Corpus Christi and the award of funds by the City Council. Nothing herein shall create an obligation of the City to award any HOME funds for the Project. 1 1 2/14/07 3. The Developer will put in place or cause to be put in place guarantees, sureties or other agreements acceptable to the CCHFC to hold the CCHFC and/or its affiliate harmless with regard to any liability arising from the project in any amount in excess of the interests the CCHFC or its affiliate has in the project. B. Ownership Structure, 1. • Costa Tarragona 11, Ltd. (the "Partnership ") will be formed for the purpose of owning the Project. A single - purpose entity that is an affiliate of CCHFC wilt be admitted into the Partnership as the sole general partner (the "General Partner"). 2. Developer may designate an affiliate to serve as a special limited partner of'the Partnership (the "Class B LP"), with certain oversight and approval rights. 3. The duties and oversight and approval rights of the General Partner and the Class B LP shall be set forth in a limited partnership agreement (the "Partnership Agreement ") to be entered into among the General Partner, the Class B LP, and an equity investor, as the limited partner. The General Partner shall have the right to approve the Partnership Agreement at its sole discretion. 4. Title to the land for the Project shall be taken in CCHFC, and CCHFC shall then enter into a long -term Ground Lease for a period of two years longer than the term of the mortgage loan, with the Partnership as tenant with an interest in the improvements that constitute the Project. Funding for the acquisition of the land will come from the financing of the Project, and shall be paid to CCHFC in the form of an up- front Ground Lease payment. Upon termination of the Ground Lease, ownership of the improvements constituting the Project shall revert to CCHFC. The terms and provisions of the Ground Lease will be negotiated between the Developer and the CCHFC. C. ue As a condition to CCHFC's participation with the Project, CCHFC requires Developer to provide due diligence information on the Project and its proposed financing and operations. Developer shall deliver the due diligence to the CCHFC as needed for its evaluation of the Project. I. Financing. I. The Partnership will apply for $8,275,345 in low income housing credits ( "Tax Credits") from the Texas Department of Housing and Community Affairs ("TDHCA"). The parties anticipate that an affiliate of a to be determined equity provider (the 'Investor LP") will provide equity financing for the Project (the "Equity") in return for an allocation of the Tax Credits. CCHFC shall have the right to review and approve the financing arrangements and the terms and conditions of any Equity financing documents. The Equity financing documents are expected to include the Partnership 2 12/14/07 Agreement. The Class B LP shall prepare, and CCHFC shall review, each draw request submitted to the Investor LP for Equity. 2. Additional funding of $400,000 wilt be applied from the it of Corpus Christi HOME Fund Program. CCHFC shall have the right to review and approve all financing arrangements and the terms and conditions of any Loan documents in its sole discretion. The loan documents shall be amended to accommodate the Ground Lease described above and any other revisions requested by CCHFC or as may be appropriate to implement the terms of this M1. Developer shall be responsible for applying for all interim and permanent financing for the Partnership. CCHFC shall have the right to review and approve the identity of the permanent lender and the terms of all financing arrangements in its sole discretion. A commitment for permanent financing acceptable to CCHFC shall be in place prior to Closing (as hereinafter defined). 3, One or more affiliates of Developer shall provide any guarantees of construction completion, operating expenses, Tax Credit delivery, and the like that may be required in conjunction with any loan financing, the Equity financing, or the recitals in A above. E. Design and Construction. 1. Developer shall provide comprehensive development services to the Partnership pursuant to a Development Agreement to be entered into by the Partnership and Developer. General Partner shalt have the right of approval of the Development Agreement in its sole discretion. 2. Developer has provided CCHFC a draft development budget for the Project and shall provide a detailed final development budget that is in conformance with the MU. 3. Developer shall be responsible for obtaining the services of design professionals for the design of the site plan and design of the project. CCHFC will be provided copies of the final plans and specifications for the Project, including all construction contracts. 4. In order to secure an exemption from state sales tax for the acquisition of building materials, CCHFC shall serve as the general contractor and enter into a master subcontractor agreement with the Partnership. The master subcontractor will be an affiliate of Developer and shall provide such guarantees, sureties or agreements acceptable to the CCHFC to hold the CCHFC and its affiliate harmless from any cause of action during construction. Notwithstanding anything herein to the contrary, the Developer has the sole responsibility for securing such sales tax exemption, however, the CCHFC will make a good faith effort to satisfy reasonable requests from the Developer in connection with securing such sales tax exemption. 5. Developer shall be responsible for obtaining all governmental approvals and permits needed in order to construct and operate the Project. 3 12/14/07 6. Developer shall guarantee to the Partnership, the Investor LP and any lender, delivery of the Project on time and within the approved budget (as it may e amended or revised from time to time with appropriate approvals). CCHFC or its affiliate shall have the right to review and approve any material change orders or any material changes in the scope of work or plans and specifications during construction. 7. The Project shall be constructed so as to comply with AA and Section 504 requirements, as applicable under federal and state law. F. Management and Operation. So long as an affiliate of Developer is providing guaranties related to the Project, NRP Management, LLC or such other Developer designated affiliate shall serve as the property manager ("Manager") for the Project. G. Social Services. So long as Manager is the property manager for the Project, Manager shall be responsible for coordinating, providing and monitoring social services for the residents of the Project during the Tax Credit compliance period within the budget available in the operating budget for the Project. CCHFC shalt have the right to review and approve the social services plan. H. cfmami_m_itx_tkppQrt NRP Holdings shall be responsible for interfacing with the local governmental officials in connection with support for the Project. The parties will consult with each other and coordinate the response to any media inquiries and/or public opposition to the Project that may arise. 1. Tax Exemption. The ownership structure contemplated herein is expected to generate ad valorem tax exemption for the Project. CCHFC, on behalf of the Partnership, shall work with the applicable appraisal district to obtain confirmation of the availability of such exemption. Nevertheless, the Partnership shall agree to make payments in lieu of taxes to the appropriate taxing jurisdictions at a level negotiated by the CCHFC and the Developer based upon the availability of funds in the final operating budget for the Project. J. Fees and Expenses. 1. Developer shall be entitled to receive a portion of the Development Fee for its services in developing the Project. The amount of the Development Fee shall be equal to $1,347,000 (or such higher amount as may be approved by the lender, limited partners or applicable governmental authority as such increase may require up to the maximum amount permitted by T CA . All payments of the Development Fee shall be made pro -rata with 70% going to Developer and 30% going to CCHFC. 12/14/07 2. The General Partner and the Class B LP each shall be entitled to a Partnership Management Fee in the amount of not less than $5,000 per year, payable from the Partnership's net cash flow, as provided in the Partnership Agreement. The General Partner may be entitled to receive other fees or priority distributions for its services in such capacity. Such amounts shall be payable from the Partnership's net cash flow, solely after payment of Development Fee in full. The General Partner shall share 50% of any amount so received with the Class B LP. 4. - After payment of the Development Fee, the General Partner's fee, if any, and any other priority net cash flow payments established in the Partnership Agreement, the General Partner and the Class B LP shall split any remaining net cash flow distribution to them on a 50/50 basis. 5. Neither party shall enter into any contractual relationship or agreement relating to the Project that would cause either financial or legal liability to the other, without the other party's prior written consent. K. leoq Term owners] At the end of the 15 -year Tax Credit compliance period, the General Partner, or its designated affiliate shalt have a right of first refusal to acquire the Project. In addition, at the end of the 15 -year Tax Credit compliance period, the General Partner shall have an option to acquire the interests of the Investor LP and the Class B LP. The purchase price for the right of first refusal or the option shall be fair market value, based on an appraisal performed by an appraiser mutually agreed to by the General and Class B LP Partners. The parties agree that any sale or refinancing proceeds shall be split between CCIFC and the Class B LP on a 50/50 basis. L. Miscellaneous. 1. This MOU reflects the entire understanding between the parties and may only be amended by CCHFC or the Developer in writing, signed by both parties. 2. Each party hereto is prohibited from assigning any of its interests, benefits or responsibilities hereunder to any third party or related third party, without the prior written consent of the other party, such consent not to be unreasonably withheld. 3. CCHFC's execution of this MOU is subject to approval by CCHFC's Board of Directors. 4. The parties agree to execute such documents and do such things as may be necessary or appropriate to facilitate the development of the Project and the consummation of their agreement herein. 5. This MOU may be executed in several counterparts, each of which shall be deemed to be an original copy and all of which together shall constitute one agreement 5 12/14/07 binding on all parties hereto, notwithstanding that all the parties shall not have signed the same counterpart. 6. THIS MOU SHALL BE GOVERNED AND CONSTRUED III ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS, EXCLUSIVE OF CONFLICT OF LAWS PRINCIPLES. 7. In case any one or more of the provisions contained in this MOU for any reason are held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision hereof, and this MOU will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 8. The parties hereto submit exclusively to the jurisdiction of the state and federal courts of Nus County, Texas, and venue for any cause of action arising hereunder shall lie exclusively in the state and federal courts of Nueces County, Texas. 9. Should any party employ an attorney or attorneys to enforce any of the provisions hereof, to protect its interest in any manner arising under this MOU, or to recover damages for the breach of this MOU, the non - prevailing party in any action pursued in courts of competent jurisdiction (the finality of which is not legally contested) agrees to pay to the prevailing party all reasonable costs, damages and expenses, including specifically, but without implied limitation, attorneys' fees, expended or incurred by the prevailing party in connection therewith. The liability of the CCHFC andor its designated affiliate is strictly limited to its interests in the project under the terms of this MOU. 10. The subject headings contained in this MOU are for reference purposes only and do not affect in any way the meaning or interpretation hereof. 11. This MOU shall continue until terminated upon the occurrence of one of the following conditions: (1) CCHFC and Developer sign a mutual consent to terminate this Agreement; (11) The transactions contemplated hereby are not closed by November 20, 2005, the end of the private activity bond reservation period; (iii) The terms of the Equity financing and any loan financing for the Project are unacceptable to CCHFC, in its sole discretion, and CCHFC provides Developer notice of such fact and a 30-day opportunity to provide financing terms that are acceptable to CCHFC and Developer; (iv) Unless otherwise waived, Developer fails to deliver checklist items as required herein; (v) Either party breaches its obligations under this MOU, the non- 6 12/14/07 binding party provides the breaching party notice of such fact and a 15-day opportunity to cure, and the breaching party fails to do so; or (vi) Either party files for bankruptcy protection, makes an assignment for the benefit of creditors, has a receiver appointed as to its assets or generally becomes insolvent. Upon termination of this MOU for any of the reason cited above, neither party shall have any ongoing obligation to the other with respect to this MOU and the Project. In addition, the provisions of this MOU with respect to the Project will be terminated and suspended when the General Partner is admitted to the Partnership Agreement and CCHFC and Developer and their affiliates, as applicable, enter into definitive agreements with respect to the governance of the Partnership and the development, construction, financing, and operation of the Project as contemplated herein. All parties acknowledge that the various terms and provisions in this MOU shall be incorporated into the Partnership Agreement and the other definitive agreements concerning the Project. 12. The parties acknowledge that the CCHFC and the General Partner will be represented in this transaction by Wood, Boykin & Wolter, P.C. ("CCHFC Counsel" and the Partnership will be represented in this transaction by separate counsel agreed upon by the parties ("Partnership Counsel"). Alt costs of CCHFC Counsel and Partnership Counsel will be considered costs of the Project and paid as provided herein. Developer, the Class B LP, and their affiliates wilt be represented by separate counsel and will not be entitled to rely on Partnership Counsel for representation in this matter. EXECUTED to be effective as of the date above shown. CORPUS CHRISTI HOUSING FINANCE CORPORATION By: George "Skip" Noe, General Manager NRP HOLDINGS LLC By: F:\27 \ 4 Costa IRMOU 07-344-11-15DOC '7 Name: Title: 15 AGENDA MEMORANDUM PUBLIC HEARING —WAIVER REQUEST (City Council Action Date: December 18, 2007) Waiver Request (Ken Brown): Applicant is seeking a waiver of the 12 month waiting period to resubmit a zoning application on property described as 316 acres out of Lots 17, 18, 19 and 20, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast intersection of South Staples Street and Timbergate Drive. Background: Planning Commission public hearing on the waiver request was heard on November 28, 2007. Public comment was received from citizens and the attorney for Wal -Mart presented findings to the Planning Commission for consideration for a waiver approval. Findings presented were: 1. Updated zoning request: from a "R-1B" " One - family Dwelling District to a "PUD" Planned Unit Development 2. Removal of Tire and Dube Express component of the original request 3. Lighting restrictions as part of the PUD 4. Sound barrier wall in rear of store as part of the PUD 5. Traffic Impact Study — share information from the Wal -Mart study with the City of Corpus Christi Planning Commi Agenda Memorandum Wal -Mart Waiver Request Page 2 30-7.03 Upon filing a waiver request and a payment of a seventy -five dollar ($75,00) fee, the applicant may request the City Council to waive the waiting period upon a finding of changed conditions or significant new information. The City Manager, or his designee, may submit the request for waiver to the Planning Commission for a recommendation to the City Council. City- initiated application is not limited by this waiting period. 30-7.04 If the requested wai Subject Parcels 1::= zoning subject parcel Creation Date: 11/14/2007 Printing Date: 11/1412007 File: H:1PLN- DIR\SI-fARED\ I Project l ases12007 ning10307 1k 0307 -01 Courtesy ICIotice c _ mxd Prepared By: MikeN Source: City of Corpus Cnristi Department of Development Services KENNETH aROWN, MCP DANIEL. . O tz PATRICK W. CHRisTENSEN CONNEH L. SQL 112 E. Par,AN 5-riturr SutiTS 1490 SAN ANTQMIo6 Timm 18205 TELEPHONE: 21 0.295.3704 FAX: 2 10.266..4731 October 25, 2007 Mr. Daniel McGinn City Planner City of Corpus Christi Department of Development Services 2406 Leopard Street, 1 Floor Corpus Christi, Texas 78408 PAUL M. JUAREZ OF COUNSZL Via Federal Express Re: Waiver Request for +1- 33.6 acres out of Lots 17, 18, 19 and 20, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, generally located at the southeast intersection of South Staples Street and Timbergate Drive; Corpus Christi, Nueces County, Texas; Our File 9020.024 Dear Mr. McGinn: The purpose of this correspondence is to formally request a waiver of the required zoning application waiting period referenced in Article 30, Section 30-7.01 of the Corpus Christi Zoning Ordinance for the above referenced property. This waiver request is made pursuant to changed conditions and significant new information, which will be outlined in our proposed zoning request for a change from an "R 4D" (One- Family Dwelling g District) to a "P 1, ' fined Unit Development). We respectfully request that this issue be placed on the next avai.labl Also, enclosed is the $75.00 fee for the waiver request required under Article 30 Section 30 -7.03. If you have any questions or if additional documentation is needed to process this request, please do not hesitate to contact me. Sincerely, cc: George Noe, City Manager Saratoga Palms Properties, Ltd. En: As Stated KEMNEh W. DROWN, AICP DANIELL oRrlZ PATRICK W. CNNiSTENS1 N CoNNlff L. BAsmL BF _ 1 P. C. 112 E. Per.AN Hq1 15-u 4TS 1490 SAN ANTONPO, TexAs 78203 TgkRP*10N2: 210-289.3704 FAx: 210.2s6.4731 PAuu M. JuAR O COUN8BL MEMORANDUM TO: Daniel McGuinn, City Planner FROM: Kenneth W. Brown, AICP DATE: October 26, 2007 RE: Timbergate Wal -Mart, 41- 33.6 acres out of Lots 17, 18, 19 and 20, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, generally located at the southeast intersection of South Staples Street and Timbergate Drive; Corpus Christi, Nueces County, Texas; Our File 9020.024 The purpose of this correspondence is to identify the changes in the conditions and significant new information associated with the above referenced property. It is this Firm's opinion that the changes to the zoning request meet the requirements of the waiver request listed i 1VIDIUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — November 28, 2007 5 :30 P.M. COMMISSIONERS: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman James Skrobarczyk Atilano J. Huerta David Loeb John C. Tamez Evon J. Kelly Johnny Martinez Govind Nadkarni ABSENCES: None STAFF: Johnny Perales, PE, Deputy Director Of Development Services/ Special Services Faryce Goode- Macon, Interi m Assistant Director of Development ServiceslPlanning Miguel S. Saldafia, AMP, Senior City Planner Shannon Murphy, AICP, City Planner Wes Vardeman, City Planner Dan McGinn, Project Manager Yvette Aguilar, 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 espanol a ingl s en la ,junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5 :34 p.m. v. PUBLIC HEARING: WAIVER OF THE 12 -MONTH WAITING PERIOD TO REAPPLY FOR A CHANGE OF ZONING ON TEE BELOW REFERENCED PROPERTY Dan McGinn presented the case, initially stating that this item is a waiver request for a zoning submission and not a zoning change request. Mr. McGinn stated that if the applicant is successful with the waiver at City Council, they are then eligible to submit a new application for the rezoning of this piece of property. Previously Case No. 0307-01, the applicant at that time was Johnson and Pace, representing Wal- Mart, Incorporated. The tract is a 316 acre lot located on the southeast corner of the intersection of South Staples and Timbergate Drive. The new applicant is Ken Brown, requesting a waiver to the twelve -month waiting period before reapplying for a rezoning. Any property that goes before the Planning Commission and action is taken, or goes all the way to City Council and is denied is subject to a twelve -month waiting period before becoming eligible to request another rezoning. The applicant is seeking a waiver to that twelve -month waiting period. A waiver is provided for in the Ordinance if the property owner presents new information or conditions change in their new submittal. In this particular case, the property did go before the Planning Commission as Case No. 0307 -01 and action was taken. The case was withdrawn before City Council. In response to Commissioner Skrobarczyk, Mr. McGinn stated that the applicant does have some new information which will be presented shortly. Planning Commission Minutes November 28, 2007 Page 2 In review, Mr. McGinn stated the history of the property as having gone before the Planning Commission on March 7, 2007, requesting a change from a' "R-1B" One -famil y Dwelling District to a "B-4" General Business District. The action taken on March 7, 2007, was a recommendation for approval of the "B-4" and placed on the June 19, 2007, agenda of the City Council, but was withdrawn before that meeting. Mr. McGinn stated that if the applicant is successful with the waiver request, they do plan on submitting a new application for rezoning for a "B-1" Neighborhood Business District with a Planned Unit Development (PUD) Overlay. The "13-1"/PUD will have more restrictive uses than the "B-4" request and also requires a plat which will ensure any road improvements have proper right-of-way dedications. Mr. McGinn stated there is also a development plan associated with the PUD, proposing improvements such as a sound barrier wall, additional landscaping, and lighting, all to be addressed in the PUD Development plan. The applicant has removed the auto repair portion from their plan, which is the item that kicked them into requesting the original "B-4" General Business District. The applicant also has new traffic information which was not available on March 7, 2007. In response to Commissioner Loeb, Mr. McGinn stated the twelve -month waiting period began on the day the Planning Commission took action, which was March 7, 2007. In response to Commissioner Loeb, Ms. Goode -Macon stated that the "PUD" designation is permanent unless the property is never developed at all, and in the future, if a developer has plans for the property, a change in zoning would need to be requested. In response to Commissioner S robarc yl , Mr. McGinn stated an exception to Ms. Goode-Macon's statement would be if the new developer developed within the guidelines of the PUD. In response to Commissioner Loeb, Mr. McGinn stated that if the waiver request is unsuccessful at City Council, then the applicant will have to wait until after March 7, 2008, to resubmit a new application, starting the process from the beginning. In response to Commissioner Nadkarni, i, Ms. Goode -Macon stated that there is a time limit imposed on PUDs, but the Planning Commission could extend that time limit. In response to Commissioner Huerta, Mr. McGinn stated that a site plan will be submitted with the PUD. Mr. Ken Brown, Wal -Mart representative, 112 East Pecan, Suite 1490, San Antonio, Texas, came forward stating that they have requested the waiver because there are changed conditions and new information. Mr. Brown stated that Wal -Mart withdrew their previous case before it went to City Council because they had made certain commitments that were not enforceable by the City by a simple rezoning to a "13-4" 1 - " General Business District without a lengthy covenant restriction. Mr. Brown stated Wal -Mart wanted to find the best mechanism whereby the super center could be developed and have the commitments made enforceable by the City. Mr. Brown stated they have also changed their plans in that they removed the tire and lube center. Therefore, a "B-1" Neighborhood Business District will be requested, and the PUD provides flexibility on both sides as to the commitments made, how to enforce them and for how long. Discussions concerning a sound barrier wall, the lighting and the construction of the roadway improvements in the area are appropriate conditions to include in the PUD agreement. Mr. Brown stated that staff has already detailed exactly what the application is and it is complete with a preliminary plat, site plan, landscaping plans and essentially a development agreement. Mr. Brown stated that upon reapplying, it will come back with all the notice requirements and same public hearing requirements. Mr. Brown stated that even if Wal -Mart does not receive the waiver, they will resubmit the application on March 8, 2008, and that this waiver request is a minimum departure from the requirements, only waiving the requirement from now to March 7, 2008. Mr. Brown stated they believe they have Planning Commission Minutes November 28, 2007 Page 3 detailed the changed conditions and the new information from a subsequent traffic impact analysis which was received after this body took action. In response to Commissioner Martinez, Mr. Brown stated the reason Wal -Mart withdrew the case before was because the City could not enforce commitments made by Wal -Mart. Mr. Brown stated the traffic impact analysis shows that with the improvements proposed, traffic will not be negatively impacted. Public hearing was opened. The three - minute rule was implemented. Mr. Michael Perez, 6001 Oriental Avenue, Corpus Christi, Texas, came forward in opposition stating he is part of a large network opposed to this project. Mr. Perez stated that by allowing this project, the community on the south side will be degraded. Mr. Perez stated upscale areas and neighborhoods if this city is to grow to its potential. Mr. Perez stated the group has been told that Wall -Mart wants the Timbergate location so badly it is an all or nothing proposition stating that if they do not get the Timbergate location, they will not build Parkdale Plaza. Mr. Perez requested the Planning Commission to not be held hostage by Wal -Mart and to deny this request. Mr. Peter Munson, 5518 Crossgate South, Corpus Christi, Texas, came forward stating he would like to see the waiver granted so that everyone can get on with it and see what will be done or what will not be done. Carla Frank, 6661 Bent Trail, Corpus Christi, Texas, came forward in opposition, stating she has nothing against Wal -Mart, but she does have a problem with Wal -Mart at this location, citing the various large businesses within a one block area. Ms. Frank stated the City's Master Plan never considered this type of development on the Staples Corridor. Ms. Frank stated there are plenty of Wal-Mart stores in the area within a short distance. Ms. Frank stated she does not believe very many jobs will be created because Wal-Mart will simply move employees around. Ms. Frank stated this area is an already established residential community, and there are other suitable sites within the city for this development, including land on the south side that does not even need to be rezoned. Mr. Tim Dowling, 817 Villefranche Drive, Corpus Christi, Texas, came forward stating he agreed with Commissioner Martinez's concern with Wal -Mart suddenly withdrawing the first rezoning request. Mr. Dowling stated his concern with the Parkdale Plaza project and stated that if indeed Wal -Mart is holding the City hostage, they deserve no slack or additional time. Mr. Dowling described the `flow of least resistance" in which traffic tends to take shortcuts through neighborhoods to avoid grid -lock at busy intersections and stated that one of those shortcuts will put traffic within feet of an elementary school. Mr. Dowling suggested the Club Estates Elementary School principal should pursue questioning of this scenario and how it will be dealt with. Mr. Grant Jones, 5826 Beauvais Drive, Corpus Christi, Texas, came forward in opposition to the waiver, stating staff needs to get their facts together. Mr. Jones described the difficulty in making certain turns onto Staples Street from other side streets, stating the sweet is already strangled. Mr. Jones said this will hurt small businesses in the area because people will consciously avoid the area unless absolutely necessary. Mr. Jones also pointed out that the major color shown in the photographs is yellow, which indicates residential. Mr. Jones said that area is a bedroom district of Corpus Christi and a major business does not belong in the middle of it. Mr. Brian Puskas, 6038 Oriental Avenue, Corpus Christi, Texas, came forward in opposition stating he does not see the required differences in the new proposal and the old one to justify a waiver. They haven't addressed the traffic issue; they simply took away the lute shop and are requesting a different zoning. All the problems still exist. Mr. Puskas stated that by denying the waiver request, it will give people more time to hear about this. Mr. Puskas stated he did not see the rezoning signs because they are posted on the Staples Street border and he avoids Staples Street. Planning Commission Minutes November 28, 2007 Page 4 Mr. Sean Robertson, 7005 Spanishwood Drive, Corpus Christi, Texas, came forward in opposition stating there has been no outreach to the local community by Wal -Mart, even though they said there would be. Mr. Robertson stated there was one open -house held and then a telephone call -in situation that Wal- Mart called a town hall meeting at which all the questions were being screened. Ms. Barbara Estes, 5802 Commonwealth, Corpus Christi, Texas, came forward in opposition requesting the Commissioners to consider how many people are present who are against Wal -Mart when the vote is taken. Mr. Hal Burgess, 2801 Chapel View, Corpus Christi, Texas, came forward in opposition, stating he understands that PUD needs a governing body and questions how this will work. Ms. Goode -Macon stated that because it is a commercial I', no residential input is required. Mr. James Fritz, 6001 Baltic Court, Corpus Christi, Texas, came forward in opposition, stating that Wal -Mart withdrew their original case due to opposition and questions why the City should allow them to repeat the process. Mr. Brown came forward to address these concerns, stating that when the original application was withdrawn, the intent was to get back to the legitimate concerns that were voiced in public hearings and forums and try to put them into a vehicle that would be enforceable by the City. Mr. Brown stated that they will not win a public relations battle with some people because some people just don't want it. But this is not a public relations issue, this is a land use issue and Wal -Mart has listened to those land use issues and believes those concerns have been addressed and therefore request this waiver. In response to Commissioner Huerta, Mr. Brown stated he cannot answer whether other locations were looked at before requesting this waiver or whether the public outreach requested from the first public hearing was accomplished, but perhaps Sally Aiello can. In response to Commissioner Skrobarczyk, Mr. Brown stated he is not involved in the demographics of store location. Mr. Bev Estes, 5802 Commonwealth, Corpus Christi, Texas, came forward in opposition, stating Wal -Mart does not care about the people and requested the Commissioners to side with the people against the "big bully" trying to come in. Mr. Estes stated that Wal -Mart could go in at other nearby locations that would not affect so many people. Mr. Jerry Lopez, 7005 Token Court, Corpus Christi, Texas, came forward in opposition, stating that he never received a phone call or pamphlets, but relatives on the north side of town received phone calls and pamphlets and he questions the motive behind this. Mr. Curtis Lee, 6021 Timbergate, Corpus Christi, Texas, came forward in opposition, stating that he could hit the subject property with a rock from his property, and never received any contact from Wal- Mart. Mr. Lee stated his opinion was that this area is ground zero and would be hit the hardest, therefore, Wal -Mart went beyond this area in their public outreach, seeking more positive comments. Mr. Lee stated this project is too aggressive for this area considering traffic concerns, and based on how other Wal -Marts are handled, Mr. Lee does not want the carnivals and other things that Wal -Mart brings with them. Ms. Stephanie Diesen, 7121 Spanishwood, Corpus Christi, Texas, came forward in opposition, asking the Planning Commission that if this big giant were to come through and the zoning is changed, is it possible to end Timbergate at that point so that Wal- Mart's traffic cannot come into their neighborhood and schools? Planning Commission Minutes November 28, 2007 Page 5 Ms. Frank came forward again, stating that she attended an outreach meeting with Wal -Mart where there were five residents and the Wal-Mart representatives. Ms. Frank stated the meeting consisted of Wal- Mart telling them about the wonderful store to be built. Ms. Frank stated Wal-Mart's answer was to put in a few more palm trees, but the issue is traffic, which Wal -Mart can't solve. Public hearing was closed. Commissioner Tamez stated he leans towards supporting the request in order to get on with it and find out what will or will not be done and the time table involved. In response to Commissioner Loeb, Ms. Goode -Macon stated the ordinance requires a 200 foot notification which was what was originally sent out prior to Planning Commission. Those present tonight can be added to the notification list. Ms. Goode -Macon stated that a public notification was not required for this waiver request, however, staff did send out a courtesy notice to the newspaper and over 1,300 courtesy notices were sent to an expanded area around the subject property, which were sent on Wednesday a week ago. In response to Commissioner Nadkarni, Ms. Goode -Macon stated that staff will use the expanded mailing list for future mail outs, however, the only ones that will account for the 20% rule will be the ones within the 200 foot radius. In response to Commissioner Huerta, Ms. Goode-Macon stated there i Page 1 of 3 AN ORDINANCE ANCE WAIVING THE TWELVE MONTH WAITING PERIOD TO REAPPLY FOR A CHANGE OF ZONING ON PROPERTY T DESCRIBED AS 33.6 ACRES OUT OF LOTS 17, 18, 19, AND 20, SECTION 11, FLOUR BLUFF AND E iCINAL FARM AND GARDEN TRACTS, LOCATED ON THE SOUTHEAST INTERSECTION SECTIOI OF SOUTH STAPLES STREET AND TIMBERGATE ATE DRIVE; AND DECLARING AN EMERGENCY WHEREAS, Johnson & Pace filed an application for rezoning on a 33.6 acre tract out of Lots 17, 18, 19, and 20, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast intersection of South Staples Street and Timbergate Drive and Kenneth Brown withdrew the application after the Planning Commission held a public hearing on said application on March 7, 2007; WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning Kenneth Brown's application for waiver of the twelve month waiting period to reapply for a change of zoning on the said 33.6 acre tract; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 28, 2007, during a meeting of the Planning Commission, and on Tuesday, December 18, 2007, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed � � p to appear and be heard; and WHEREAS, the City Council has determined that this adoption would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED ED THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Kenneth Brown's application to waive the twelve month waiting period to reapply_for a change of zoning on property.. described as 33. a 6 re out of Lots 17, 18, 19, and 20, Section 11, Flour Bluff and Encinal Farm and Garden �Tracts, located on the southeast intersection of South Staples Street and Timbergate Drive is granted. SECTION 2. Upon filing an application for rezoning of said 33.6 acre tract prior to March 7, 2008, any applicant shall pay an application fee of 150% of the applicable application fee published in the Development Services fee schedule. 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 of December, 2007. H: \LEG -DIR Shared\ aryS\a enda1200 11 - 1810rd- Waiverweitingperigid -1 aI- Mart.da ATTEST: Armando Chapa City Secretary APPROVED as to form: December 12, 2007 B . adt-) Akca a W, Smith Assistant City Attorney For City Attorney Page 2 of 3 CITY OF CORPUS CHRISTI Henry Garrett Mayor H:1 LEG -DIF \ h r dl ary lagendal 07\1 -181 Ord- WaiVerW i ingperiad -WaI- lart.do 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: 1we, 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, Respecff u f ly, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Deily Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1LE -DIF \ hared1Gary lagenda1 O 11 - l I rd -Wai er itingperiod- 1IaI -M It,dO 16 AGENDA MEMORANDUM AGENDA ITEM: December 18, 2007 Public hearing and Ordinance approving the amendment to the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan Wastewater Colle ti n System Master Plan for the Allison Waste Water Treatment Plant Service Area and the 1963 Master Sanitary Sewer Plan for Areas Annexed in 1960 and 1961 except Flour Bluff for the City of Corpus Christi) by extending the boundary of Master Plan Basin 25 in the Allison Wastewater Treatment Plant Service Area to include 63 acres currently shown as part of the Greenwood Wastewater Treatment Plant Service Area in the 1 968 Master Sanitary Sewer Plan for Areas Annexed in 1960 and 1961 except Flour Bluff for the City of Corpus Christi. ISSUE: Rhew industrial Tracts Unit 1 is a proposed industrial subdivision located on the east side of Rhew rr Road approximately 500 -feet south of Leopard Street. It is subject to the 1963 Master Plan for Sanitary Sewers and must obtain wastewater service within the Greenwood W.T.P. Service Area. This requires a wastewater extension of approximately 1.10 miles. The cost of infrastructure for a 1.10 mile wastewater extension is an undue hardship for the Developer. The Developer proposes to construct a 1, 400 linear foot wastewater extension to the west into the Allison IJ.W.T. P. Service Area, which is subject to the Allison Master Plan. The proposed wastewater extension crosses the master plan boundary separating the Allison and Greenwood WWTP. Service Areas and therefore a master plan amendment is required by Section V.116.0(2)(0(1) of the Platting Ordinance. RECOMMENDATION: Staff` recommends approval of the ordinance as presented. gig Nit Bob Nix, AICP ACM of Development Services Attachments: Exhibit A Background Information Exhibit B Plat pages 1 and 2 Exhibit C Proposed Wastewater Service Extension Exhibit D Existing Master Plan Exhibit E Amended Master Plan Exhibit F Ordinance AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: D: F he w Industrial Tracts Unit 1 is 20.892 acres of land, zoned I -2, located on the east side of Rhew Road approximately 500 feet south of the intersection of Rhew v Road and Leopard Street. The Planning Commission approved the Rhew Industrial Tracts Unit 1 plat at its July 25, 2007 regularly scheduled meeting (Exhibit B). Rhew Industrial Tracts Unit 1 is subject to the 1963 Master Sanitary Sewer Plan for Areas Annexed in 1960 and 1961 Except Flour Bluff for the City of Corpus Christi and must obtain wastewater service within the Greenwood Wastewater Treatment Plant (WVVTP) Service Area. It does not have immediate access to City wastewater service and based on lot size, Rhew Industrial Tracts is eligible to use on site wastewater disposal. The construction of a lift station and approximately 1.10 miles of force main is required for Rhew Industrial Tracts to connect to City wastewater service within the Greenwood VWVTP Service Area. The majority of the force main would extend along Leopard Street requiring the Developer to obtain utility easements across approximately 20 different properties along the proposed route of the force main. Wastewater service by gravity is not possible because the nearest manhole is not deep enough. The Developer proposes to obtain City wastewater service by extending approximately 1,400 linear feet of 2 -inch gravity sanitary sewer off -site from Rhew Industrial Tracts to a 10-inch gravity sanitary sewer located at the intersection of Erne Street and Main Drive in the Hudson Acres Subdivision (Exhibit C). The 12 -inch off -site sanitary sewer extension crosses the master plan boundary separating the Allison and Greenwood WINTP Service Areas and therefore a master plan amendment is required by Section . .6.f 2 ii 1 of the Platting Ordinance. The master plan before amendment is shown in Exhibit D. The Developer proposes to increase the size of Basin 25 in the Allison Master Plan Service Area, from 488 acres to 551 acres, a total of 63 acres (Exhibit E). The 63 acre addition to Basin 25 includes 20.9 developable acres from Rhew Industrial Tracts Unit 1 and 42.1 acres of undeveloped land currently zoned F -F. The City's adopted Future Land use map shows the 42.1 acres will be zoned light industrial in the future. The Developer's engineer performed all wastewater flow calculations per the design parameters in the Allison Master Plan and determined peak flow from the 63 acre addition to Basin 25 to be 34,640 gallons per day or 24 gallons per minute. This figure includes a 1 of 2 Exhibit A peak factor of 2.0 and Inflow and Infiltration of 400 gallons per acre per day. The master plan description of Basin 25 states that the 10-inch gravity sanitary sewer the Developer proposes to connect to flows at 90 percent capacity during peak conditions, therefore no additional flows should be added to this line and it should be considered for upgrading. The Developer will clean, televise and evaluate the condition of the 10-inch gravity sanitary sewer. The developer proposes to upgrade the existing line by installing a fiberglass liner in the manhole the 12 -inch off -site sanitary sewer extension will connect to and by sealing any small holes or gaps in 550 linear feet of the 10-inch gravity sanitary sewer using the Cast In Place Pipe (CIPP) pipe repair system. These efforts will significantly reduce the amount of inflow and infiltration currently experienced by the 10- inch gravity sanitary sewer. All of the off -site sanitary sewer improvements will qualify for reimbursement from the Sanitary Sewer Collection Line Trust Fund. Staff recommends approval of the master plan amendment because it will allow the development access to city wastewater service instead of on site wastewater disposal and improvements will be made by the Developer to the existing wastewater system. 2 of 2 -Exhibit A 17 N/ Ll W w rg flL LJ C/1 r z 0 g • - o a 1 Z 2 .." °•E .§... ril i41•7.- )i < 1E ge-i.kt $§8 ...)< E'llia- i- ! IcZitgd 1-1.41g1 .. E,,,r. ---- I .-g : (1) i 1 i% —, -- - g,--, C.) < 7 1 #1,if: l•--) Ct,t, 6 I.1 ce LJ- I— R- 44 Li-I 6 x 0 -` wi 0 z <1=i 1 . 1- *C gL'Ir'lg =2 1,-5-z) x sr,21- z ii.ilr5f-L1 I 'Lli il<II ..- . F7- Ci ldE i'L/ r.k•UI z 4. 3, C.,::' — 1,P9E i 1.-?' L-r: . o 10 Ut tr) X P2 cc tritT, D I--- r-- 1 i:8 0 1 2Yi c..., 'h I i . i 1 a 2=6 u 11 - :L.; 2 t i t:11 I ligX g. ,i;4 K V. .41i; Eggvi iwig - g, 0 .,B 9' 6 itil 8g S i sy,i2 . i; g 8 • .. y vi 36,4. .. , q P 27 ii? 1 il c..=4• , vi., Vo 3- ri 5F1 L.2 l'i§ ; . t, 3,3,48 I {:iii 2j e. 1 Exhibit B :..g r-Yi ,3 Page 1 of 2 f fu ru 0 Ic z 147 ■■• 1!. - ; w SS* 2,..7S-12.6eS ; ▪ • . ▪ 4? :z d, • - .111 ; . ; ; - .Lf I 1 1 .41 '1]; aE Er, 1 1 !. 116 ;A, 1:21;;; 9v ▪ 3.,.4.0 1Y! 1:71,2 1„ii; Cu " 21 I !le) ‘7, ! 11; 14:14 _:!7? s„ • 'if • '6.19'•:• - fl 4 3.1'. 111 1111 ARMS "IL ,E0.$ LI", 3v 2., 11 --f $4O 9' I 2 I I:1 i i ill tt tr., it rt R .g. .0.'n;r t.1= 71 4WD/. ... ---- ----,...- 1 1 co:; rJ2.6g3 O •510s oreLsor -etc Awirs T.o.nas u , 'Sa2Sm3aIN r ...T.ract OrAt -Pi 01,4414 -2s410, '20S0(.4 N ZICI ON, 15S A3A:difiS7 ag*, -3 m4.441. Kifit.04 OSS, {-Exhibit B Page 2 of 2 LJNTIDE RD. STILLWELL LEI. ERNE DR. L - J' 0 200' ' 800' trAciori=i SCALE: 1'= 400' 'SITE' BASS AND WELSH ENGINEERING CHRISTI, CORPUS HRH, T COMP, NO. EXB -LM JOB NO. 97139 r- 4s PLOT SCALE: SAME PLOT DATE: 7/13/07 SHEET OF Exhibit C . 1 SHE if 24 .1._....... 0a j :- ! Igr4: I i i I 1 CLARKWOO RD -.., .........._ t gar =: „ . . ' r ._ "'. `111... - 501 "iaG r G1.,1! a 1; ate'. ;14 ' if • - .��. - '- • t raI as Ave V - a # CLARKWOOD • al P1 i k e► a J fr ., a L = • MSS o WELSH ENGINEERCHG L . .' Ma. 73t9 : t * # Boa• �11 26/07 - rinx 1 1 ig• •1 [ rF 1 *rim zsz t 1 j mist $t4 t 1 I firmirma 1 t Iv 1 1� t 1 I$iil f. • • . 'a.srr- ........... .- _itc17, -- -. -- ,,.. ._ a. . �., .o ,._, 4 . 0....E._ ` Myatt s`Iwl4 • - ' i JEirR1104 �� � a � _ ,. �. ##M 'ilorgl0.L11 e .04 R - _s . fit•_. -: I - a G a MEW RD MEM-- Z Stine ca m ! bill{ • co a 1 TExhibit D 11 Existing Master Plan i 0(1018.1 A114 M1` &LARKWOOD _ •_•I 2 a a 1 a ! a 1 1 + . 1 1 1 1 ! , El - i i 1 a it I iiI1TI7 17-------:7. �. -.77,1'.71:_-. , :,,- .---- r -.t.ti. . 7 .-- .' .i Mi'i4 rf.y ... - 7214 ' . t. : ;Ii-' I a V ir!!r -..-- - _. -..._- rt, 4 ,, . i .,,, 9 .1 a ZC 3 r r BASS AND WELSH ENGINEERING COMP. NO. E B— MP SH2BR.DWG JOB N. 97319 SCALE: t " = 1053' PLOT SCALE: 111 - 1063' PLOT DATE: 11/26/07 a ti • • • 025% 1-0. ,,CJP 01 WAIN DR , 10 Mr v} . 41.014 am, ft. MP :, 0.20, UP '' • , }0.T ., .:024...7... -. .r....G *IV! . • 0...P ;..,, ., .. . ' 214 -`,` -. ;EMIR A $ 9 254 ., . MINH Z!',1 -X . Y t ithi M3llif1a3S a 4 IY 3- - 4 • a a ce, ; s t 8 • z -� Writ o29 Amended Master Plan Page 1 of 3 AID ORDINANCE AMENDING THE CITY'S COMPREHENSIVE PLAN BY AMENDING THE MASTER SANITARY SEWER PLAN (WASTEWATER COLLECTION SYSTEM MASTER PLAN FOR THE ALLISON W.W.T.P. SERVICE AREA AND THE 1963 MASTER SANITARY SEINER PLAN FOR AREAS ANNEXED IN 1960 AND 1961 EXCEPT FLOUR BLUFF FOR THE CITY OF CORPUS CHRISTI) BY EXTENDING THE BOUNDARY OF MASTER PLAN BASIN 25 IN THE ALLISON W.W.T.P. SERVICE AREA TO INCLUDE 63 ACRES CURRENTLY SHOWN AS PART OF THE GREENWOOD W.W.T.P. SERVICE AREA IN THE 1963 MASTER SANITARY SEWER PLAN FOR AREAS ANNEXED IN 1960 AND 1961 EXCEPT FLOUR BLUFF FOR THE CITY OF CORPUS CHRISTI; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Wastewater Collection System Master Plan for the Allison W.W.T.P. service area and the 1963 Master Sanitary Sewer Plan for areas annexed in 1960 and 1961 except Flour Bluff for the City of Corpus Christi by extending the boundary of Master Plan Basin 25 in the Allison W.W.T.P. service area to include 63 acres currently shown as part of the Greenwood W.W.T.P. service area in the 1963 Master Sanitary Sewer Plan for areas annexed in 1960 and 1961, except Hour Bluff for the City of Corpus Christi. WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 12, 2007, during a meeting of the Planning Commission, and on Tuesday, December 18, 2007, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this adoption would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City's Comprehensive Plan is amended by amending the Master Sanitary Sewer Plan (Wastewater Collection System Master Plan for the Allison W.W.T.P. service area and the 1963 Master Sanitary Sewer Plan for areas annexed in 1 960 and 1961 except Flour Bluff for the City of Corpus Christi) by extending the boundary of Master Plan Basin 25 in the Allison W.T.P. service area to include 63 acres currently shown as part of the Greenwood W.T.P. service area in the 1 963 Master Sanitary Sewer Plan for areas annexed in 1 960 and 1961, except Flour Bluff for the City of Corpus Christi. SECTION 2. 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. Exhibit F C 1D CUM E -1 \ use r‘LOCALS-I Vre m 00 rd-AuthAme nd ompPIan- a nSewerPlan.doc Page 2 of 3 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 1 8th of December, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: December er 12, 2007 By: Gary W. Smith Assistant City Attorney For City Attorney :TIO UME -11u r1L L —11T mpl rd- AuthAm ns ompPlan- an rPla[ .do Page 3 of 3 Corpus Christi, Texas - Day of _ 1 2007 TO THE MEMBERS F 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, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Eli ondo# Sr. -- — - Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon C:IDOCUME-1‘user\LOCALS-lgemplOrd-AuthArnendeompPlan-SanSewerPlan.doc 17 CITY COUNCIL AGENDA MEMORANDUM December 18, 2007 AGENDA ITEM: A. Public Hearing to receive public m ents regarding an amendment t the FY2006 and FY2007 Consolidated Annual Action Plans regarding the use of Community unity Development Block Grant CMG Program funds for the Nueces Lofts L.P. project. B. Motion to authorize the City Manager or designee to amend the FY2006 and FY2007 Consolidated Annual Action Plan regarding the use of CDBG Program funds for the Nueces Lofts L.P. project. C. Motion to authorize the City Manager or designee to execute a sales contract for property to be acquired by the City of Corpus Christi from Beach Center Corporation located at 501/513 Chaparral Street aka Lots 1-4, Block 11, Beach Portion, Corpus Christi, TX (approximately 24,990 SF). ISSUE: A "Substantial Change" is defined by the City of Corpus Christi to be "an activity that is proposed to be altered in terms of its purpose, scope, location, or beneficiaries to such an extent that can no longer reasonably be construed as the activity reviewed by the public and approved by the Corpus Christi City Council." As such, staff is proposing a public hearing and consideration of adoption amendments to the FY2006 and FY2007 Consolidated Annual Action Plans for the Nueces Lofts L.P. project, and subsequently the execution of a sales contract for property to be acquired by the City of Corpus Christi from Beach Center Corporation. REQUIRED C UNCIL ACTION: The City Council must hold a public hearing, take action on a possible amendment to the FY2006 and FY2007 Consolidated Annual Action Plans for the Nueces Lofts L.P. project and publish the proposed amendments in the local newspaper for a 30-day citizens comment period. Thereafter, a sales contract for property to be acquired by the City of Corpus Christi from Beach Center Corporation will be executed. PREVIOUS COUNCIL ACTION: : The City Council adopted the FY2006 Consolidated Annual Action Plan on April 18, 2006 (M2006 -12 and the FY2007 Consolidated Annual Action Plan on April 17, 2007 (M2007-106). FUNDING: All of the staff recommendations are consistent with the total funding from the Department of Housing and Urban Development. CONCLUSION AND RECOMMENDATION: Due to the project change, Staff recommends the proposed amendment ent to the FY2006 and the FY2007 Consolidated Annual Action Plan for the Nueces Lofts L.P. project and solicits Council approval and authorization of a sales contract for property located at 501/513 Chaparral Street aka Lots 1-4, Block 11, Beach Portion, Corpus Christi, TX to be acquired by the City of Corpus Christi from Beach Center Corporation. QP!T!ONAL SUPPORT MATERIAL Background Information Proposed Site Maps Danie'GaIIe. os J +. CD Administrator BACKGROUND INFORMATION The original Nueces Lofts LP. proposal indicated 14 of the 66 lofts were going to be set aside for low-to-moderate income households in the downtown area. As the Nueces Lofts LP, further examined the viability of their initial proposed housing development, they have concluded it would be cost prohibited to maintain 14 housing units with the imposed affordable rent structure. As such, the Nueces es Lofts L.P. is proposing that the City of Corpus Christi acquire the property located at 501/513 Chaparral Street aka Lots 1-4, Block 11, Beach Portion, Corpus Christi, TX (approximately 24,990 SF) at the Seller's original acquisition cost of $320,000. The major portion of the property is owned in fee simple; however, the portion occupied by the Ward Building is a leasehold estate with 10 years' remaining on the initial term, plus three 22 -year extensions (76 years total). The lease is held by Beach Center Corporation, a Texas corporation, and the current monthly rent is $1,000 per month. No commissions would be due by any party, and the title policy would be paid by the purchaser and closing costs paid as customary. See the attached map for the location of the Ward Building and overall site map of the property. The following is the proposed budget and pro forma: Description Amount Land $320,000 Construction Cost (KM Commercial estimate) $434, 108 asbestos abatement &J insulationCen�olNtion -$29,500 Air Monitoring for Abatement (Envirotest bid) $9,865 Engineering Survey *$2,000 Environmental Phase 1 *$1,850 Closing/Title Policy *$2, 00 Total Bud! et $799,318 - -- $48,2401 Annual Revenue 67 spaces month- - - - -- Less Vacancy © 7% $8,877 Gross Potential Revenue $44,863 Management @ $2 o /month $2,400 Maintenance @ $200 /month $2 400 Utilities @ $333/month $4,000 Annual Lease Payments $12,000 Projected Net Operating Inc *$24,863 * Estimated costs/income The total proposed budget wilt be off set by FY2006 ($340K) and FY2007 ($500,000) CDBG program funding. This City-owned parking development will increase the stock of reserved secure parking for current and future downtown residents which will allow for more rapid absorption of the existing and future apartments in the Downtown Management District, and in turn this will lead to a more rapid increase in the full- time population of downtown. As has been demonstrated in other revitalized downtown cores, an increase in the full -time downtown population leads to increased office occupancies and further accelerates creation of additional commercial /retail users in downtown n areas as a result of the improvement in the perception of the neighborhood by the community and its visitors. Ultimately, the improved desirability of Downtown Corpus Christi's neighborhood will lead to increased property tax valuations by way of increased occupancies and increased rates. This will directly increase tax revenues from Downtown for the entire City's benefit. Since the financing source is identified as the money set aside from the City's FY2006 and FY2007 CDBG program for the Nueces Lofts L.P. project, the cost of the project relative to the City's general budget should be zero. The cash flow the project (approximately $2 will generate will be another source of program income to fund future CDBG projects. As the need for parking or other downtown space increases, the City will also have the ability to use to property to construct a higher density parking structure or provide for other uses on the property so long as a least 67 spaces are maintained for residential parking use. Conclusion and Recommendation: Due to the project change, Staff recommends the proposed amendment to the FY2006 and the FY2007 Consolidated Annual Action Plan for the Nueces Lofts LP. project and solicits Council approval and authorization of a sales contract for property located at 501/513 Chaparral Street aka Lots 1-4, Block 11, Beach Portion, Corpus Christi, TX to be acquired by the City of Corpus Christi from Beach Center Corporation. • HAF'rL ST?ST Witt e. *nig oseNsioNs SHOWN ARE FOR THE ME OF IV EDIREK dM /4ff ME COL • HAVE CONSUCP wAERGEINgytiAtuddlielr AgENCYPI.Oup NiWiwace Rfcre mut comulirrftitmedi ditata—. MI6- NUMBER I DAM Miata_iii3fcitstiolHATME PROPrrt 10 D4 WM 11-111 WIC YMCA suRvEY . * • * O S 1 A 1/411"I 1 •� ConFogn .11EXAS MAP naoor:os f DATE Z vd may �.ry� : MIAMI& ON TIE WOUND Mate( UNDER WV biRecTiott laxamoini I VOW Mute' OR 46T AS REFLECTED °HUE mime? NATI 11ATTHEHEARe PLAT, coick7 �— eying sc. ski`.. (Cumin s sil; 7641 351-ettioost Wool-9034 N3QAtlI-t • taw 1 OF 1 +C: c' t DM �� VEGGIS6T9C : 0 9�/9?/90 18 CITY COUNCIL AGENDA MEMORANDUM December 18, 2007 AGENDA ITEM: (A) Motion adopting the timetable for the FY2008 Consolidated Plan /Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG)programs. (B) Motion reaffirming Community Development Block Grant and HOME Investment Partnerships Program objectives and guidelines as previously approved and amended by City Council Policy No. 9. REQUIRED COUNCIL ACTION: Adopting the timetable for the FY2008 Consolidated PIanlAnnual Action Plan (CP /AAP) and reaffirming the CDBG /HOME Program objectives and guidelines as adopted by City Council. RECOMMENDATION: Staff recommends adoption of the timetable for the FY2008 CP AAP process and reaffirmation of the CDBG /HOME program objectives and guidelines. IMPLEMENTATION SCHEDULE: FY2008 CP AAP Timetable ADDITIONAL SUPPORT MATERIAL Background Information Pt FY2008 Schedule CDBG/HOME Guidelines Darn Gallegos CD Administrator AGENDA MEMORANDUM BACKGROUND INFORMATION a. Each year the City Council approves the upcoming Community Planning and Development (CPD)Grant Programs planning and an implementation calendar. The F 08 CP/AAP is the application for funding under the CPD formula grant programs administered through the U.S. Housing and Urban Development (HUD) that include the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESC). The FYO8 CP/AAP will initiate a new five -year Consolidated Plan covering years 2008-2012 and the first Annual Action Plan concurrently. The proposed schedule enclosed as Attachment "A" provides a comprehensive list of activities. Key dates are: January 2, 2008 Release Pre- Application forms for the C , ESG and HOME Programs January 25, 2008 Deadline to submit Pre - Application forms for the CDBG, ESG and HOME Programs (Prerequisite for submitting Full Application) February 1, 2008 Release Full Application (Request for Proposals} for the CDBG, ESG and HOME Programs February 29, 2008 Deadline to submit Full Application (Request for Proposals) for the CDBG, ESG and HOME Programs April 8, 2008 City Council Public Hearing - Proposed FY20 8 CP/AAP April 15, 2008 City Council Adoption - FY2008 CP /AAP June 12, 2008 Submit CP /AAP to HUD As in the past, neighborhood, nonprofit and focus group meetings will be conducted in January and February. Meeting notices and requests for proposals will be published and mailed to interested organizations. Technical assistance workshops will also be held and mandatory for nonprofit and for profit (in the area of e onomi development) organizations to attend should they be submitting a request for proposal to the CDBG, HOME and ESG programs. Information will be forwarded to the local media to increase citizen participation. The adopted schedule will be also be added to the City's website. b. Over the 32 years of the CDBG Program, the City Council has gradually developed concise set of City Council policies for the CDBG G l" r gram . In March 1 994, these policies were formally codified into the policies and general rules and procedures of the City Council. Each year at the beginning of the CDBG Program staff brings these policies back to the City Council for reaffirmation for their continued use. Staff believes that these policies require updating while allowing for fle ibility for programs that have served the Council and the City extremely well over the numerous years. Staff recommends that the Council reaffirm the CDBG/HOME Program objectives and guidelines as enclosed in Attachment "B." ATTACHMENT "A" COMMUNITY DEVELOPMENNT DEPARTMENT COMMUNITY PLANNING & DEVELOPMENT (CPD) PROGRAMMING FY2008 CONSOLIDATED PLAN/ANNUAL ACTION PLAN (CP/AAP) SCHEDULE December 30 Publish Technical Assistance Workshops /Neighborhood Meeting(s)/Public Hearings /Deadlines for Pre - Applications & Full Applications (Request for Proposals) January & February Preliminary Planning/ Technical Assistance Workshops/Neighborhood Meeting(s)/Public Hearing Presentation January 2 Release Pre - Application form (CDBG, HOME and ESG Programs) January 25 Deadline to submit Pre - Application form (Mandatory for CDBG, HOME and ESG programs) February 1 Release Full Application (Request for Proposal) for the CDBG, ROME and ESG Programs February 29 Deadline to submit Full Application (Request for Proposal) March 28 Forward to City Council FY2008 CP/AAP books March 30 Publication of City Council Public Hearing on the Proposed FY2008 CP/AAP April 8 City Council Public Hearing - Proposed FY2008 CP/AAP with Staff Recommendations for Full Applications submitted April 16 City Council Adoption - FY2008 CP/AAP April 23 Submit Final FY2008 CP/AAP Summary & Proposed Use to Caller - Times April 27 Publication of Final FY2008 CP/AAP Summary April 28 30 day Citizen's Comment Period begins May 6 Notify Council of Governments (COG) of FY2008 CDBG Projects (Executive Order 12372 Requirement) May 28 End of Citizen's Comment Period for the FY2008 CP/AAP June 12 Submit FY2008 CP /AAP to HUD (Due by June 16) July 11 HUD 15 day comment period - Notice of Finding of No Significant Impact and Notice of Intent to Request a Release of Funds ATTACHMENT "B" RESOLUTION - MARCH 22, 1994 021901* Reaffirmed on December 19, 2006 COMMUNITY DEVELOPMENT BLOCK GRANT & HOME PROGRAMS Through the Community Development Block Grant Program, the city Council provides for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: a. No Community Development Block Grant Funds be authorized to applicant agencies for the support of operating expenses with the exception of economic development projects which create jobs. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. d. Dousing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. e. CDBG funded project will be eligible for future CDBG funding at a minimum of two years from the date of its last funding, excludes City projects. f. Program Income generated from the CDBG Housing Program is a revolving fund and will be applied towards the Single Family Rehabilitation and Reconstruction Loan Program. Program Income generated from the HOME Program will be applied towards maintaining or creating affordable housing in our community. * Adopting Policies and General Rules and Procedures of the city Council 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: /18/07 AGENDA ITEM: Resolution declaring intent to establish a storm water utility system for implementation in Fiscal Year 200-20; and approving the design concepts for new water and storm water rates. ISSUE: City staff has worked for several months on the development of various rate models for a Storm Water Utility r which would allow the Storm Water Department and its operations to be independently financed. Staff is at the stage where certain direction from City Council must be provided in order to move forward with finalization of a storm water rate design concept and the processes necessary to implement the utility on August 1, 2008. Additionally, a Cost of Service based rate model for water has been developed which removes Storm Water from the Water rate. Because the Storm Water rates and the Water rates are tied, Council direction is needed on both rate design concepts in order to finalize for implementation on August 1, 2008. REQUIRED COUNCIL ACTION: Approval of the resolution is required in order to establish a storm water utility system for implementation in Fiscal Year 2008-2009 and to finalize the design concepts for new water and storm water rates. PREVIOUS COUNCIL ACTION: At the October 30, 2007 Workshop shop with City Council regarding the new Water Utility rate model, staff was directed to come forward with rates for the establishment of a Storm Water Utility. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approval of the Resolution as presented. Cindy 'B • Director of Financial Services vg-AA;,., Attachments: Background Information Resolution Powrpoint Presentation al rie H. Gr. PE D r - etor of Storm rater Operations BACKGROUND INFORMATION In 1987, State legislation under the Texas Municipal Drainage Utility Systems Act allowed municipalities to form and finance drainage utilities under Local Government Code Chapter 402. In 1995, the City of Corpus Christi received its Municipal Separate Sto n Sewer System ("MS 4") National Pollution Discharge Elimination System ("NPDES") permit from the Environmental Protection Agency to allow the discharge of storm water into the receiving waters of the area. Over the years, the City has investigated the development of a drainage utility multiple times, but no such utility has been created. Storm Water operations is and has been funded out of the Water Utilities Fund and is paid as part of a customer's water bills. The City has contracted with HDR to perform an analysis of the existing Water rate structure. HDR's recommendation regarding the Water rates was to move to a Cost of Service based model and to modify the block structure for both Residential and Commercial customers, HDR has also looked at the model with Storm Water both incorporated and removed from the water rate. Additionally, South Texas Water Authority and San Patricio Municipal Water District has sent the City letters requesting that storm water be removed from the OCL water rates. At stakeholder meetings, large volume water customers (such as refineries) made the same request. On October 30, 2007, HDR and staff held a workshop for Council members on the progress and current status of the Water Utilities Rate study. During the course of that workshop, Council inquired as to whether the City had looked into developing a drainage utility before and was informed that they had. Council then directed staff to do so again and was informed that staff had already been researching a drainage utility and had been developing some rate models. Council requested that staff present that information in the near future. In particular, Council asked staff to present rate designs that would, in some fashion, address impervious surface. Subsequent to the October 30th workshop, City staff has been evaluating five rate model options for charging of storm water and has determined that two models (Options 4 and 5) are the most equitable of the approaches considered. At the same time, work has progressed on the Water Utility study and the Water rates model. Staffhas reached a point in the progress of both efforts where direction from City Council is required in order to move forward with final rate designs for approval and implementation with the Fiscal Year 2008 --2009 Budget. RESOLUTION I DECLARING INTENT TO ESTABLISH A STORM WATER UTILITY SYSTEM FOR IMPLEMENTATION IN FY 08 -09; AND APPROVING THE DESIGN CONCEPTS FOR NEW WATER AND STORM WATER RATES. WHEREAS, AS, the City Council, when it adopted the Fiscal Year 2007-2008 Budget, designated the City's storm water operations as a part of the City's combined utility system; and WHEREAS, the City's storm water services have been funded in large part through the water rates, which do not reflect the cost of providing drainage services to properties solely within the City; and WHEREAS, there is competition for funding within the City's combined utilities system; and WHEREAS, an extensive list of storm water capital improvements are needed to reduce the threat of flooding throughout the City and to open areas of the City to economic development, which require funding; and WHEREAS, Subchapter C of Chapter 402, Texas Local Government Code authorizes municipalities to establish municipal ipal drainage utility systems and levy drainage charges to fund drainage services and storm water capital improvements; and WHEREAS, there is a need to update the City's water rates to better reflect the cost of service and recent regulatory initiatives, BE IT RESOLVED El Y THE CITY COUNCIL of THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Actions will be taken during Fiscal Year 2008 to establish a storm water utility as an enterprise fund and associated policies, with an effective date of August 1, 2008. SECTION 2. The design concepts for a pending new water rate structure (presented this December 18, 2007) are approved. SECTION 3. The design concepts for a pending new storm water rate structure (presented this December ember 1 , 2007) are approved. SECTION . As prescribed by Tex. Lo c. Gov't Code § 402045(b), the City Council hereby finds that: 121807 RESO storm water utility FINAL_2 Page 1 of 3 A. The City will establish a schedule of drainage charges against all real property in the proposed service area subject to charges prescribed by Subchapter C of Chapter 402, Texas Local Government Code. B. The City will provide drainage for all real property in the proposed service area on payment of drainage charges, except real property exempted under Subchapter C of Chapter 402, Texas Local Government Code. C. The City will offer drainage service on nondiscriminatory, reasonable, and equitable terms. SECTION 6. That this resolution shall take effect immediately from and after its passage. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 12-D -07 1 ) AL Ad& Veronica Ocanas Assistant City Attorney for City Attorney THE CITY OF CORPUS S CHRISTI Henry Garrett Mayor 121807 RESO storm water utility FINAL2 Page 2 of Corpus Christi, Texas of 1 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Eli on o, Sr. Mike Rummell Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Michael M Cut hon 121807 RESO storm wat Storm Water Utility Rate Establishment City of Corpus Christi City Council Presentation December 18, 2007 f = 1 fiEF Get Council direction ors a Storm Water funding approach, - Water r & Storm Water rate structure designs, and i Implementation Plan. Purpose of Today's Presentation * Review key recommendations from prior briefings. Storm Water Management -- Quantity and Quality }: System Operations Flood/Flow /'Control j Pump Station Operation Surge Levee Gate Installation Infrastructure Maintenance Ditches Inlets Underground Pipe Curb & Gutter Replacement Concrete Work Bridges Pump Stations f P D E P ES Permit Administration Storm Water Quality Monitoring/Sampling Ordinance Enforcement Inspections Public Education/Outreach • Capital Improvements Planning 3 4 Storm Water R — National Pollutant Discharge Elimination System (NPDES) Permit Corpus Christi is an NPDES Phase I City In 1995, City received P ES permit from EPA to discharge sstorm water to our receiving water bodies Permit is a management plan to control the introduction of pollutants into storm water runoff Several pollution prevention inspection, monitoring, enforcement & educational programs were initiated Storm Water Funding —Why? It's an Inside -City Expense The City's Storm Water Program currently totals $18.6 million annually and is currently funded through the treated water rates paid by inside- and outside City customers. • This accounts for approximately $0.84 per 1,000 gallons in the existing treated water rate. • If storm water were only paid by inside -city water customers, the portion of the water rate attributable to storm water would increase to approximately $1.49 +$0.65) per 1,000 gallons. • The City should seriously consider a separate source of funding for storm water to mitigate these effects on the OCL and ICL treated water rates. 5 6 • Storm Water Funding — How? How Many Cities Have Approached the Issue • Texas Municipal Drainage Utility Systems Act • Local Government Code - Chapter 402 • Empowered municipalities to form and finance drainage utilities * Provides independent, stable funding for storm water • Not susceptible to weather related funding losses • Establishes more equitable process for allocating storm water service costs • Basis for fees must be related to drainage • Property value is not an equit bie approach Storm Water Utility Funding Recommendations from Prior Duncan Report Storm Water Utility Rate • • Monthly charge on utility bilk • Can be used broadly for storm water capital improvements and operations &maintenance iv Drainage Impact Fee • One -time fee charged to New Development • Can be used to fund storm water capital improvements related to new growth only Storm mater Utulity Funding — Adequacy of New Funding Mechanisms • In many cities, politically-feasible storm water rates will not cover all storm water expenses. • Typically, other funding or regulatory mechanisms must be brought to bear: • Drainage impact fees • Pro-rata a rg s • Higher on -site retention /detention requirements • Support from other City Funds /Revenues • other sources Storm Water utility Funding Local Government Code Funding Considerations Eo Chapter 402.047(a) The governing body of the municipality may charge a lot or tract of benefitted property for drainage sen.fice on any basis other than the value of the property, but the basis must be directly related to drainage and the terms of the levy. Chapter 402.047(b) The governing body may also consider the land use made of the benefitted property. The governing body may consider the size, in area, the number of water meters, and topography of a parcel of benefitted property, in assessing the drainage charge to the property. 9 Storm Water Utility Rates — Other Texas Cities' Charge Methods E cirir RESIDENTIAL COMMERCIAL • Abilene 3 tiers — fee /bldg SF 2 tiers -- fee /bldg +parking SF ▪ Arlington flat fee/ERU IA -SF /ERR x flat fee • Austin flat fee/ERU fee x IA -F/ #tenants • Dallas 5 tiers — flat fee /lot SF and use coefficient R i Ft. Worth 4 tiers — fee/ERW4garage sp. Lot SF/ERU x fee Garland 3 tiers — fee /lot SF fee/IA -SF Irving 2 tiers — fee /unit 4 tiers — flat fee /parcel SF • Laredo flat fee /unit 5 tiers — flat fee/lot SF • Lubbock flat fee /meter flat fee /meter • Mesquite flat fee /unit fee/IA-SF fil Plano flat fee/IA-SF fee /IA -5F . San Antonio 2 tiers — flat fee /lot SF 5 tiers — flat fee/lot SF ' Note: I`RU — Equivalent Residential Unit I — Impervious Acreage F — Square Foot 10 Storm Water Utility Rates — Designs Considered * Option 1 - Rate per Active Water Meter * Option 2 - Rate per Parcel /Lot Size (SF) � Option 3 - Rate per Occupiable Unit Option 4 - Tiered Rate & per SF Large Commercial ** • Option - Rate Per Equivalent Residential Unit E U ** * Impervious cover is considered to be the most equitable basis, but is costly to develop and maintain and is not considered here. ** Options 4 & 5 are the most equitable approaches considered. Storm Water Utility Rates — Option - Tiered Rate & per SF Large Commercial • Similar to City of Irving's structure of a flat fee per tiered Residential & Commercial class based on lot size • Residential tiers) - 4.50/mo. for <= 5,445 sq ft } s $ 6.63/mo. for > 5,445 <= 10,890 sq ft r 10.00 mo, for > 10,890 sq ft • Commercial tiers) - 13,39/mo. for <= 10,890 sq ft . mo, for > 10,890 = 21,780 sq ft $ 0.17 mo. for > 21,780 <= 32,670 sq ft 0.0148 per sq ft/yr* for > 32,670 sq ft • Pro: Billing is a combination method Some relationship to runoff acknowledged in tiered approach Easy to bill Con: No cap on large parcels Gross lot size is not a good indicator of impervious cover `4:1 *calculated per year, billed per month, applied to total S.F. Storm Water Utility Rates — Option 5 —Rate per Equivalent Residential Unit (ERU) • Land use runoff factor* applied to lot size to develop estimate or proxy value for impervious cover for each parcel Median amount of impervious cover (3,958 sq ft = 1 ERU) calculated from mid -sized residential lots between 5,446 & 10,890 sq ft Flat fee monthly ERU rate is defined for typical residential lot • Charges for other residential lot sizes and commercial properties are proportional to base ERU rate * Runoff factors per council - adapted Drainage Technical Criteria Guide. 13 Storm Water Utility Rates — Option 5 — Rate per Equivalent Residential Unit (ERL) Residential (3 tiers) - $ 4.75 mo. if lot <= 5,445 sq ft (= 0.73 ERU) .50 mo. if lot > 5,446 to 10,890 sq ft (= 1 ERU) 10.08/mo. if lot > 10,890 sq ft (= 1.55 ERU) Commercial [(runoff coefficient) x (lot size) ERU sq ft] x 6.50 e.g. [(.825 x 10,890)/3,958) x 6.50 = $14,75 per mo. [(.825 x 32,576)13,958] x 6.50 = $44.14 per mo. [(.70 x 9,785)/3,958] x 6.50 = $11.25 per mo. [(.70 x 21,780)13,958] x 6.50 = $25.04 per mo. • Pro: Closest to impervious cover basis Con: Somewhat more complex. Method may require some HTE programming modification 14 Storm Water Utility Rates — Example Billing - Options 4 and 5 !, 04g 15 Storm Water Utility Rates — Caveats and Other Considerations Options were developed using lot size and other information obtained from the County Appraisal District files, which are assumed correct • Calculations applied to parcels with value of improvement > $10,000 Options currently have no "caps" • Multi- family housing must be more closely reviewed • Effects of possible exemptions and credits need more examination * Implementation in the HTE billing system is based on HTE availability 16 Residential ommerclei/Industrial Example I Example 2 Ei*rnple 3 Example 1 6,000 Example 21E1 21,780T $ .0.71:11 *mple 3 32,670 $ 40.17 (Example 4 130,680 [T16117 Lot Size (S.F.): 2,500 _10,890 13,500 Lot Size ($.F.): Option 4: $ 4.50 8 6.63 10 -00 Option 4: 5 13.39: Option 5: 4.75 $ 6.50 $ 10 -08 Op- tion 5: 8.13 29.51 I $ 44 -26 1$ 177.05 04g 15 Storm Water Utility Rates — Caveats and Other Considerations Options were developed using lot size and other information obtained from the County Appraisal District files, which are assumed correct • Calculations applied to parcels with value of improvement > $10,000 Options currently have no "caps" • Multi- family housing must be more closely reviewed • Effects of possible exemptions and credits need more examination * Implementation in the HTE billing system is based on HTE availability 16 Storm Water Utility Policy Exemption Considerations Exemptions mandated by Chapter 402 - Local Government Code: pe (1) property with proper construction and maintenance of a wholly sufficient and privately- owned drainage system; property held and maintained in its natural state, until such time that the property is developed and all of the public Infrastructure constructed has been accepted by the municipality in which the property is located for maintenance; a subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the municipality in which the property is located; and (4) state agency, or a public or private institution of higher education. . Exemptions to be determined: Co-Permittees -TAMUCC, Del Mar, TXDOT & Port of CC Authority Government & non - profit organizations with tax exempt status 17 18 Storm Water Utility Policy -- Credit Considerations * Credit should be considered for on -site improvements "above and beyond" that required by regulation • Possible considerations • Detention or Retention Ponds • Privately owned • Properly maintained • Water Quality Ponds • On-site Infiltration (e.g. permeable parking lots) • Other II Must be applied for and meet eligibility criteria 19 Storm Water Utility Policy — Other Considerations ri Establishment f Enterprise Fund • Appeals Process Sufficient Revenues to Support CIP $ Inclusion /Exclusion of Curd & Gutter and Bridges • Other Water Utility Rate Establishment Water Utility Factors Affecting Class and Rate Distinctions * Customer class distinctions and rate structures should be generally cost of service based, affected by: • Differing Patterns of Water Use • Differing Facilities Used • Differing Jurisdictions 21 Water Utility Facilities Used and Useful Extent of City Facilities Used and Useful Compasll* Customers Beeville Mathis Alice Contract Customers San Pstrlcio JAW Celanese l(ochlFlint Raw Convoyed Customers Future Cu #old 1 Future Customer 2 Ratepayer C ustomers ICI_ Retail OCL Retail Other OCL Lg. Volume OCL Wholesale SPMWD STWA NCWCIDil4 Violet WSC inside City Limits (1CL) Outside City Limits (OCL) Use Stevens Raw fl ysrliyn Sy.tam Raw Conveyed Customers Future Customer 1 Future Customer 2 Ratepayer Customs ICI_ Retail OCL Ratan Other OCL L9. Volume OCL Wholesale SPMWD STWA NCWC IO Violet WSC Use Stevens Raw Diversion R Nsw Fioeline Ne►w law Water Pipeline Future Customer 1 Future Customer 2 Use Raw Diversion & Tint Svstsms Ratepayer Customers ICI_ Retail OCL Retail Other OCL Lg. Volume OCL Wholesale SFMWO STWA NCWCID 1111 Violet WSC Water Utility Exist. Monthly Min. Charge & Meter Ratios l ... : Customer Clafs ' s::' Meter Sire Rados ' 3 , I I . , i } } i . Difference from.:.,'' .. AWWA to+ City - : AWYVII CCutrent. • :. ICL L ; ' OCL 518' & 3J4" Meter I Residential 1.00 100 1.00 ...:.�.ICL - - 518" & 314# Meter I Commercial 1.00 1,00 1 -00 - - 1' Meter ! 1.50 1.60 1,66 (0.10) X0.06) 1.112" Meter ; 2,50 2,88 2.80 (0.18) (0.10) 2' Meter 5.00 4.17 4.02 0.83 0,98 3" Meter • 8.00 14.97 14,33 (6,97) (6.33) 4' Meter , 16.00 17.08 18.34 (1.08) (0.34) 6" Meter 25.00 25,86 24.53 (am 0.47 8" Meter 50.00 38,54 36.83 11.46 13.17 10' Meter 75.00 38.54 36.83 36.48 38.17 16" Meter 150.00 38.54 36.83 111.48 113.17 An increase in meter size represents a larger potential capacity demand on the system. 23 The differences between approaches grow more significant. ,, Water Utr Recommended Minimum Charges 3 , I I . , i } } i Ely 1 i l - .... """ •,,••:•.:..•..•...,.:„..:•,.,•:.• .. r ■ %orrr�y��� S .: ..,:: , :�R *!��Ii kf° urrarrt .�i�y,�/�yy��. ' >< prllen% �y �/,�,�.W�yy.,,,,,yy ��e�ryy # ��I Current . E]��ers �■ �[yy rlN yy ad k sir & 304' Meter 518' & 314' Meter r Meter 1.11" Meter 2" Meter 3' Meter 4" Meter 6- Meter r meter* 10'' Meter' 1r Meter' Residential . Corrrneroiel ' 1 ' • , ; 7 -60 $ 10 -97 9 16.46 9 27 -43 1 54,86 1 S 87.78 ; 8 175,55 8 274.'301 $ 548.601 $ 548,80 ; 5 648.60 ; S 780 3 10.97 5 17.51 9 29 -42 $ 45 -79 S 104 -25 $ 187,39 $ 281,56 S 422 -91 $ 422.91 S 422.91 1 5 - $ (1 -05) 5 (1.99)1 $ 9.08 � 9 (76.48) S (11 -84)' $ (7.26) 5 125 -69 • $ 125.69 8 125 -89 5 9.12 , 1 13 -17 ; 8 19 -75' ;t 32,92 1 65.83 $ 105.33 $ 210.00 $ 329 -10 $ 658.32 $ 658.32 $ 668 -32 $ 16,14 ' $ 22,99 $ 35,94 S 59-73 $ 92 -46 $ 329.42 8 375.72 8 564.08 9 848.78 9 848.78 $ 846,78 $ (7 -02) S (9 -83) $ (16.19) $ (26 -88) 9 (26 -03) 9 (224 -09) . $ (165,08) . $ (234.92) 5 (185 -46) , 3 (18&46) $ (188,46) OCL minimum charges reflect 1,2 limes mark -up over in-city reles, " Ratio for largest meters capped E1 OW 8 ` meter ratio. 24 then scaled by AWWA meter Are ratios, 4 0, 0 2 { Water Utility Residential Use Patterns 12 C 2 10 a $ o ,a 4 0 - —T' -7 -- '7 7 -> > 1 , I c4 010.1. V A .) ] J, , o a 0 c 0 4 a o 0 9 0 9 0 9 0 G _ MONTHLY PATTERNS WATER USE PER CONNECTION SINGLE- FAMILY RESIDENTIAL Avg Use per Connection --Avg Water Use per Fiscal Year —kg Winer Water Use Above Avg. Peek Use Moderate Irrigation Use Minor Irrigation Use Indoor Use --7 - 25 26 Water Utility Suggested Volume Rate Block Restructuring Current: Class :.::..: G*llonu Use Block RESIDENTIAL { COMMERCIAL Suggested: 0 -2,000 pals 0 2.000, 2,001 to 6,000* 2,001 15, 6,001 to 10,000* 15.001 30,000 10,001 to 1500 30,001 50.000 15,001 to 30,000 50,001 100,000 30,001 to 50,000 100,001 99,999,999 50,001 to 100,000 Over 100,000 0 20001 2,001 15,000 15.001 100,000 100.001 1,000,000 1,000.001 99,999,999 PUBLIC AGENCY FOR RESALE 0 2,000 2,001 15,000 15,001 100,000 100,001 1,000,000 1.000,001 10,000.000 10,000,001 999,999,999 LARGE VOLUME USERS 0 10.000,000 10,000,001 99.999, 999 Uniform per 1,000 Oats Uniform per 1,000 gals Leave same 04‘ 27 Water Utility Considerations for Rate Restructuring Ail classes • Charge based on facilities used /useful and jurisdiction. OCL classes • Remove storm water and unbilled City water expenses from these classes' cost allocations. • Add cost recovery for interim construction funding. • Where contracts will allow, add a return on equity. ICL and Oft~ Retail • Scale monthly minimum charge by AWWA meter size ratios. Revise residential block pricing tiers to better reflect patterns of use. • Move to uniform (single block) rates for Commercial, Industrial, and Public Agency for Resale rates. OCL retail rates should be more cost of service based. OCL Wholesale i When feasible, consider minimum charges based on an objective capacity reservation measure. 28 Water UtiIity Summary of Recommended Cosh Reallocations; OCL Customers. - Storm Water Costs -- Unbilled City Water + Pay for System Facilities Used + Return on Equity + Interim Financing /Fiscal Costs ICL Customers + Storm Water Costs + Unbilled City Water - Pay for System Facilities Used -- Return on Equity - Interim Financing /Fiscal Costs 4. Increases allocated cost of service. - Reduces allocated cost of service. Change applies to only some OCL customers. 29 Water Utility — Recommended Raw Water Volume Rate per 1,000 gallons Raw Water Contract * SPMWD Raw Water Contract *'* Celanese Koch /Flint Hills Raw Water Ratepayer * ` IL Retail Raw Water Ratepayer * ** S'TWA NCWCID #4 Violet WSC OCL Retail * Contract does not provide for RoE, ** Inside-city residents not charged RoE. * ** Includes RoE, Current Revised Rate Rate $0,986 $0.948 $0.986 $1.066 $0,935 $0.901 $0.935 $1.018 30 Water Utility — Recommended Treated Water Volume Rate per 1,000 gallons Current Current Revised Revised Use Rate Use Rate i_k2 MI iiikaii a91 Treated ICL Retail Residential 0 to 2,000 Minimum 0 to 2,000 Minimum 2,001 to 15,000 $2.627 2,001 to 6,000 $1.032 15,001 to 30,000 $3.708 6,001 to 10,000 $1,147 30,001 to 50,000 $4.538 10,001 to 15,000 $1.262 50,000 gals /mo $5.507 15,001 to 30,000 $1.376 30,001 to 50,000 $1.491 50,001 to 100,000 $1.606 100,000 gals /mo $1.721 Commercial 0 to 2,000 Minimum 0 to 2,000 gals Minimum 2,001 to 15,000 $2.627 > 2,000 gals $1,147 15,001 to 100,000 $2.338 100,001 to 1,000,000 $1.776 1,000,000 gailmo $1.301 6,6 'el* Water Utility — Recommended Treated Water Volume Rate per 1,000 gallons Current Current Rased Revised Use Rate Use Rate z EMI i Treated OCL Retail I Residential 0 to 2,000 Minimum 0 to 2,000 Minimum 2,000 $5.507 2,001 to 6,000 $1.346 6,001 to 10,000 $1.495 10,001 to 15,000 $1.645 15,001 to 30,000 $1.794 30,001 to 50,000 $1.944 50,001 to 100,000 $2.093 100,000 gals/ma $2.243 Commercial 0 to 2,000 Minimum 0 to 2,000 gals Minimum 2,001 to 15,000 $5.731 > 2,000 Oats $1.495 15,001 to 100,000 $5.146 100,001 to 1,000,000 $3.998 1,000,000 gals/nip $2,181 444 04t 31 1 Water Utility — Recommended Treated Watr E { Volume Rate per 1,000 gallons Current Revised Rate Rate * PO Treated Water OCL Wholesale $0.876 $0,655 PMWD STWA f Treated Network OCL NCWCID #4 Violet WC Lg. Vol. Treated Network lL Retail Lg. Vol. Reflects pricing at the highest consumption rate tier. 32 $0.876 $1,217 $2.181 $1.348 $0,922 $0.650 Water Utility - Sample Bilis : Cdstorner gees & l xar+r~ple .Use •Ourrerit. :,Water Raise.. • Storm Water .:Revlr . sisr Rates ' w StarnVaber ‘._ . Ind tailed ._± :1 J}Fergnce . .. From Current - Rsvised Water Retie . v Storm YV� Wrf. `Idudrng Se tr-Sukorti rtfi nc FroM Current rCL Residential , 13.47 11.60 7+000 9aJ /mo weier use 9 29.83 3,000 gaIshno water use $ 13 -03 13.11 '$ 0.07 $ 1 1.34 $ (1,70) 7,000 gaisinio wader use $ 27.28 ; 5 28 -19 '5 0.91 $ 19.19 $ (8.10) 15,000 galslmo + aber use $ 55.18 i $ 81.45 '$ 5.67 $ 36.14 $ (19.64) ICL Commercial 1 20,000.000 gals/trio water use $ 56.243 -95 39.097.75 10,000 gelslmo water use $ 41.34 $ 42.39 '$ 1.05 ; 29.16 $ (12.18) 25,000 palsirrlo water use $ 91.88 $ 97.92 r5 6.04: $ 59.88 $ (32.00) 100.000 gaisirro water use $ 355.80 $ 392 -03 '$ 36.23 $ 229.94 $ (125.87) IL Large Volume 20.000.000 gaitima %Star use $ 42.600.68 5 55.091.13 'S 12,490.44 ; $ 38,551.13 $ (4.049.58) OCL Large Volume 20,000,000 gals/mov tar use $ 56.817.29 $ 56,172 -15 ] 5 (845.14) $ 56,172.15 $ (645.14) 33 04, Water Utility - Sample Bills - ! m.r as sip &t s Y - 1a.11a . Reviesd Wailer Reims rr /Storni Water, flncludsd .. :,Self-Su Revles Wail Rate' wiStorm WANT ;,..rti • I CL. Reai de ntia l 3,000 galslmo meter use 13.47 11.60 7+000 9aJ /mo weier use 9 29.83 20.13 15.000 gaisirno water use $ 65.36 , $ 38.67 1CL Comrrcial 10,000 galalmo water use 44.65 j $ 30 -60 25.000 galshno water use $ 104.12 ' $ 64.30 100.000 Imo water use $ 419,22 15 248.54 1CL. Large Volume 1 20,000.000 gals/trio water use $ 56.243 -95 39.097.75 0CL Large Volume 20,000.000 galsimo water use $ 56,783.08 i $ 56,783.06 34 Water & Storm Water Rates Summary 34 Overall Utility Funding Issues • The City should invest in the utilities based on its capital needs. • Rate "caps" can have undesirable effects: Insurance, energy, construction, and other costs have been increasing at much more than 5%-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. Utility Fu Comparison of New Water and Storm Water Rates 2 * Next Slides compare Current Water Bill to (Revised Water Bill + Revised Storm Water Bill) The hypothetical FY08 Revised Scenario reflects: Removing Storm Water totally from Water Fund and establishing it as a separate utility; Assumes $18.6 million in Storm Water revenue needed; Assumes existing current exemptions in NTE and Nueces County Appraisal District (NCAD) records; Utilizing the revised water rate designs that: • Embody new cost of service structure • Remove the declining block rates; and Needed Water and Storm Water revenue requirements are met. 37 Utility Funding - Comparison of New Water and Storm Water Option 4 Rates - Residential 30 Lot She Current ("Old ") Water 8111 New Maid %Veter Bin _ - _ ' Dieter she $.1;'. Weiler Use Minimum Use 1101 Total Old 8111 Minimum' Use B8I Tots1 Water S 11#11 (Option 4) Tots1 Mil BUJ Diff. Storm Water Fier 54' 2500 + F { 5 7.60 S 117 S 9.47 3 7.60 S 1.30 3 9 -40 5 430 $ 1190 $ 4.43 Mt 1 2500 3000 S 7.60 f! 5.43 $ 13 S 7.60 5 3.74 S 11,34 5 4 -50 5 13 14 S 2 -110 2500 4004 1 7.40 S 8.99 5 1610 S 7,60 $ 5.67 1 1317 5 4.50 S 17 -77 S 1.17 2500 5000 1 7.60 $ 12,51E 5 28.16 S 710 0 7.64 $ IS.20 S 4.20 S 19.7.3 S (4.10) 2500 - + + { S 7-60 1 16,12 S 23.72 2 7.60 S 9,54 S 17 -14 1 4.50 , $ 21 -64 5 11 -01, 2500 70010 1 7 -60 1 19 -68 1 2721 1 7 -60 3 11.58 S 19,19 2 4.50 5 23.69 S 3.60 . ' + 4000 S 7 -00 5 8.99 5 16.60 .S 7.60 $ 5 -67 5 1317 $ 6.63 S 19.90 1 330 T1 er 2 10190 5000 S 7.60 .2 12,56 2 20.16 1 7.60 $ 7,60 S 15-20 S 6.63 S 21.13 1 1.00 10090 6000 0 1.00 5 16.12 0 23.72 1 1.60 S 9.54 S 14.1 , S 6 23.37 S 0.05 10090 700.3 0 710 5 1961 0 2730 1 7.60 0 11 -51 $ 19.19 ' 1 6.63 S 25.12 3 1.47, 101190 8000 EMEIEI=M11 0 30 -84 S 7.010 EMMINFBEEIMEIENEEC 13500 6000 $ 760 1 16 -12 3 23.72 0 7.60 $ 9.54 5 17,14 S 1090 S 27.14 1 3.42 filer 3 13500 19.41 0 27,21 S 7,60 0 11,58 1 19 -19 5 10.00 S 29.19 1 1.90 13500 DOW 0 7.60 5 73.23 3 3044 S 7.60 S 13.43 3 21.23 S 1014 _ $ 31.E .. 13000 9004 5 7.60 0 26.10 5 74.41 S 7.60 S 15.61 S 2321 5 1090 5 33.20 + + 10000 EIMILEKRINEMI 5 37 -07 5 760 S 2533 , 5 1090 S 39.33 Effalr, 13500 150000 5 7.60 5 41 -10 5 55 -70 5 7.90 5 21 -51 9 36.14 . 5 10.0 5 46.14 5 -(9.64 30 Utility Funding - Comparison of New Water and Storm Water c, Option 4 Rates - Commercial 39 40 Utility Funding - Comparison of New Water and Storm Water Option 5 Rates - Residential Lot Site C 0 utro4 • • Sill New Model Wat*r Bill ' Meter ' S.F. W Water UK M PON Lot $ita WM*, Var��+ Minlosna Use Total BW SW BM • • Total W 9Wter E 1M. n 4 T 11 Flew Oirtennea Storm Weber Tier 0 ' _'.'.` "_' i dla .B�I-IrI,� lii 'J 3 940 S S 4 -7 $ �y�y Minn $ 4,68 M Mee 1 HIM] Milli MEM c 1!? & s 400 10000 Mini IMMEI ®EMEMa S 4 , 7 5 $ iMia i :I EMIE: i M ® 4000 S S 760 $ 5000 71000 5` Y =' . ` ' l S 5,67 S S 13-27 5 5 4.75 S 1 IMM-Ell MMEEEM I MVIM EM X1111 r�y�� 3000 5 5 7.60 5 5 12.56 5 4000 * IM1111 MEECI EWECI $ 11.93 5 EMME21 1 EMEEI 2340 6 IM=. $ 7.60 1 1 I6-12 $ $ 23 -72 $ - 111i -- MOM ®� WWI MI 311 -MI= - - _ 2 - -NM= S 7.60 S S 19,60 S � cEr m 217•0- 2OOYY S 4.73 S 5 (3,35 t %i I I I1 Emmi- limo mama n� 1 40100 S S 7.60 1 1 0,99 1 1 16.60 1 =moil immormi $ 5.67 S ¥,r ` mina nom] t m rmimi Ewan 10090 5 y��!�. mum l mu-n S 20.14 5 217 + 2300minim= S 15.20 1 1 6-30 $ $ 21.70 $ a i .MA/ el ',i FBI= E 'I FM= MIER L IWO 25000 Eli.. =MI IMMnT1 MI 7. 1 20000 MEMO 111=1 MilEll DIEM nom mum F111:311 MIMI FREES =El= iYWY MBA IWiiiJ Eii EM3MI EN=1 IMITEI- ==I ncoo MIMI nIEFEra� narlin713 MVO FI fil Mall MUM IMMO MINIM e 1'111i 1iA�Li1� MEE= M EEI Ifa EMMELI MIA soma ®[NEM Es= Emoal IN1� 7 MI= 125Q00 EMIR En= $ 423.50 MEMIEWIEEI IMMIEI EXUMA Mani fME1311� 150500 Isom FM= IMMEEIIIIMMTI MIMIMEMfM121 =1=21 175O00 rOMEEi ES=10121=IMEZEIZEI TIMM MEM ME11611 MEM fl Z' - 200040 I1 s 02R-0D EI LI EI LA 0=1 EN,IL i 39 40 Utility Funding - Comparison of New Water and Storm Water Option 5 Rates - Residential 10196 : 6101_ i _ MO 1 16.12 3 23.72 3 7,60 , $ 9,54 .5 /7.14 S 66.50 5 23.61 '] - 10090 7400 S 7,60 1 19.66 1 27.20 1 7,60 1 11.58 5 1919 $ - 6 -50 1 25,69 S (1.60) 14090 60110 S 7.605 23,24 3 30.E+1 3 7,60 1 13.63 S 21.23 S 6 -50 1 27.73 5 (3.11 1)500 _ 6000. $ 7.60 S 16 -12 1 2172 S 7 -64 S 9.54 1 17.11 S 14 -0$ S 27_22 3 3-50 Mir 3 13544 74410 S 7.60 $ 19.63 1 2728 3 7,60 1 11.5E S 19.14 S 10.01 r 1 2927 3 1.96 13500 69016 $ 7.44 S 23.24 $ 3114 $ 7.61 3 1343 1 21.23 3 19.01 3 3131 S 0.47 13300 9000 3 _ 7.60 $ 26.$0 $ 34 -41; i $ 7 -60 S 15 -68 1 2326 S 10-06 $ 33.36 ( 1.04 _ - 13500 _ 10404 S 7x60 S 30.37 1 37.97' 1 7 -60 _ .3.- + 17 -73 S 2333 $ LOAF $ 55.41 3 (2.56 13500 15000 1 7.60 5 46,1E 3 55.7E 1 7,60 S 28.54 $ 36 -14 5 10.08 S 46.72 1 (9.561 04‘ Lot Site C C rre11t {"DId"} Water E19 N New M Model Wier BHI ' ' Meter ' S.F. W Water UK M Minim.. U Use Hill M 'Total OId T Minlosna Use Bill W Total S SW BM • • Total W Diff. T Mem SA` _ _ _ 2500 _ _ 20050 $ $ 7 -40 $ $ 147 5 5 9 -47 $ $$ 7.60 $ $ 1.80 3 3 940 S S 4 -7 $ $ _1515 $ $ 4,68 M Mee 1 2500 3 3000 S S 7.60 5 5 5.43 S S 13.03 3 3 760 S S 3,74 - 5 _ 1134 S S 4 , 7 5 $ $ 1 6 , 5 9 5 5 3.45 2500 4 4000 S S 760 $ $ 5.99 3 3 16-60 S S 7.60 S S 5,67 S S 13-27 5 5 4.75 S S 1102 3 3 1,42 2500 3 3000 5 5 7.60 5 5 12.56 5 5 ]71.16. $ $ 7 S S 7.69 S S I5Y20 S 4.75 $ $ 11.93 5 5 0.#B! 1 1 2340 6 6000 $ $ 7.60 1 1 I6-12 $ $ 23 -72 $ $ - 7.60 S S 9.54 S S 17.14 S S 4.75 $ $ 21_19 $ $ 043 _ _ - - - _ 2 2504 - - 70100 S S 7.60 S S 19,60 S S 17.20 S S 76+0 S S 11-53 i $ $ 1919 S S 4.73 S S- 2394 5 5 (3,35 14890 4 40100 S S 7.60 1 1 0,99 1 1 16.60 1 1 7.60 $ $ 5.67 S S 13-27 5 5 630 S S 19.77 5 5 3,17 T Tler 2 10090 5 5000'4 S S 7.60 1 1 12 -56 S 20.14 5 5 7.60 S S 7.60 S S 15.20 1 1 6-30 $ $ 21.70 $ $ 1.55 04‘ Utility Funding Comparison of New Water and Storm Wafter Option 5 Rates - Commercial -M Mater 81.0 Lot Site Water Elie Minimum PRIM 0 tionl1 liall OIIferenci 6040 sxm MIMI IMHZI ®MEM EMDE21 9 20.07 17=lig s 2+e -2o MIMI u000 7004 MEM F Mail MOM IM3E1 Magi F 0040 10000 MEM MEM ME= flea MMIII MEMIIMIIEI MEM Mani MMEI IEWMIIMEIIIMENZI MIER MTKIIMEMI 24400 MIA _I x000 MIMI FMS IMUTI FMI MEM MEM MEM MEM E=E1201 - MIMI =NM MMM - -- .. 32000® MIMI OEM rum EME3 MEI IMITI MEM rWri MI MI I MINIM r : MEM + FIK12111111;273 MEM MEM M .4` R ]R" * ' IMMO 111121E1 FIE cif 34000 FMEM Main E Minn MEM EMIEI 328770 35000MIMI MIMI r ' _ "'-= 9+9000 MIMI ism E F3kri niwau mom r a 50000 ® a''a �� " MI= MIME MEM= IIIII MIME LJ : mow EXE=11 I [Mini EN= F FM= IX= E 1O=MI MI= :1=7A EMMEEI EXMBIEll rwaxii mini rimin morn r=3 MIMI F 41 42 Water & Storm Water Rates — Next Steps . December 18 - Council Approval of Resolution to: • Identify source of funding for storm water • Specify conceptual rate design approach for water & storm water. . January 8 - Council Approval of Resolution to: • Adopt a Resolution authorizing staff to proceed with the steps necessary to establish a storm water utility • To establish rates and charges for storm water; • And to establish a new water rate structure • Coordinate with water stakeholders . Staff refines rate design and revenue estimates based on implementation date of August 1, 2008 • Notice and Conduct Public Hearings • Ordinance Consideration • Storm Water Utility Creation (early Spring) • Water Rate (on or about adoption of FYO9 budget) • Storm Water Rate an or about adoption of P(09 budget) 20 CITY COUNCIL AGENDA MEMORANDUM December er 18, 2007 AGENDA ITEM: Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. ISSUE: The City Charter requires the City Council to act on the Capital Budget as part of the Comprehensive Plan. BACKGROUND: A public hearing and approval of the Proposed FY 2008 Capital Budget and Capital Improvement Planning Guide was made by the Planning Commission on November 14, 2007. A Council public hearing was held on the Proposed FY 2008 Capital Budget and Capital Improvement Planning Guide on November 20, 2007 in the amount of $127,425,900. Subsequent to the Council pubilc hearing, it was determined that the South Guth Park Relocation project (located in the Parks and Recreation Program Section, page 89) could be reduced from $9O0000 to $750,000, The project reduction lowered the overall Proposed FY 2008 Capital Budget and Capital Improvement Planning Guide from $127,425,900 to $127,275,900. In addition, a listing of 21 street projects, identified by the Planning Department as needing improvements ents (these projects still need to be scoped and estimated), was added to the end of the Streets Long -Range CIP section (this will replace page 86). Public input may also be received at the first and second readings of the adoption ordinance on December 11 th and 18th. First reading of Ordinance approving the Proposed FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900 was made by Council on December 11, 2007. REQUIRED COUNCIL ACTION: Second reading of the Ordinance approving the Proposed FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. Eddie Houlihan Assistant Director of Management and Budget ORDINANCE APPROVING THE FY 2008 CAPITAL BUDGET AND CAPITAL IMPROVEMENT EMENT PLAN ZING GUIDE IN THE AMOUNT OF $127,275,900. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2008 Capital Budget and Capital Improvement runt Planning Guide in the amount of $127,275,900 is hereby roved. A copy of the FY 2008 Capital Budget is on file in the Office of the City Secretary. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor That the fore ping ordinance was read for the first time and passed to its second reading on this the it'?day of �� , 2007, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez A vt Michael McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of , 2007, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Huinmell Michael McCutchon Bill Kelly APPROVED AND PASSED on this day of , 2007. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED AS TO LEGAL FORM: Zeji. - ( , 2007. Benj in V Lugg Assistant City Attorney for the City Attorney FY 2008 Capital Budget Revenues $127,275,900 3 FY 2008 Capita! Budget Expenditures $127,275,900 Storm Water 4 2 NH Mons $150 $100 $50 0 Revenues by Category (3 Years) FY 2008 FY 2009: FY 20th Et nMr rcial raper/Revenue Bow ▪ GO. Bonk ■ Other 0 Certificates of Obligation I Grants Hole: The shorl*tsrm (3y r) part of this Planning Guide reflects funds wady approved or scheduled The funding *One la due to 2004 Bond Proceeds being spent on approved projects. Future Bond projects and potential CMG Grant praiscts ane Wed in long range CUP until funding is formally approved. J Program Expenditures (3 Years) weAvwzm FY 2008 FY 2009 FY2010 ▪ Wastewater ■ Wider Supply 11 Storm Water MrPed Hots: The short -term (3-year) part of this Planning Guide isliscla planned expenditures. The decline reflected above is due to tip completion of 2004 Bend projects. 3 CIP Planning Guide - Major Sections Term Years 4+ Years 28,3 Year 1 Long- Range aP Short -Range CIP Annual Capital Budget Description Planned Funding Programmed Funding i st Year of Short- Range CIP — Fully Funded 7 Utility Project Financing Cycle From Commercial Paper to Revenue Bonds to Debt Service Sept Jan July Sept Jan July Sept 2008 2007 2007 2007 2008 2008 - 2008 Capita . Commercial LAIlit : Capital Revenue Bonds Utility Capital _ Budget Raper Issued Rates Budget Replenish Rates Budget Adopted Adopted Adapted Commercial Adopted Adopted Paper & First Payment on Revenue Bonds B 4 zoos P4.i4 C,# 4 sevAa Riau 04 Cootodsa Gosose44 Zrge4 044510w. w Sample Rates- Full Cost of Service wATM RYOFO018,u3MOM 41 CrGTY ... " .4... ." .;k1,rl,r .1 -. t . i" 11.000 hJmo # 1784 44.71! -19% $. � 1523 ?J6 %''$ 15OO ; 1!d4% $ • fb.∎$s } , D�A�YIMITYJIl,l3JK;E # 23.01! # 111.17 -17%.4:-. _ 14i .' 4514: #. :# t # #1i',# #+0.72. t... , 10Ao0. h�6s0 , $ 3125 $ 2631 -14% $. • 2f.OT : 3 -4 % :•# O]:T! 1 . 4.1%L, 11 l7.4S { • " 16p00,`Mimi= f $ 4423 $ 30.10 -20% # ..38.6-!..:. A•T% 5 ,.4040 a 4,#% 1 :.4D-iP r • �20A00.;'"1 _ : $ 113.02 5 47,47 -30% $ • _. 510 1 + A ' 7.5* 6 -- ... 4~t.' . 64%3 ' 144i I - • r. • - -. • I62OO :pYM.o ..� $ 114.&5 5 7021 -39% $ _ -78.0.0: - 44' . $: . 0041 OQ% _ .. ... /.r8S r • • ' . 50AOO;pikt.. , . . - $ 22320 $ 12883 -44% $• . 137"74 S 3.0'%. $• :.445;Ii., 5.1%.. .. • i..io ; . -- ----- - - - - -- 98�,. ficomorin 1? i { F'. 2008 209# 2004% w8131or#rY1or tfribllldrmi W Mar • • • (.o4lnMlolil j - #6.000188.410 - 100pA te8 km 1: 3221 $ 20.13 -10% $ 30Q' .v. G.G% # 3i.7i ; #3 i aim1 1338 T # 6431 -13% $ " NA-, 7.1%'. :STAG: 62+ 1 :._"": .,. 12841 $ i 10,42 -8% $ 170.40 {. i 7.T% $ 13#961 Fililkit .. 13316 24734 1 22904 •7% 1 241E403 ' -0.444 # 24823 , : i►7 %` $ -?":0 874.71 $ 1875D7 23%.$ 1.181112 :` 13,7% $ 1 4085:: _ 82% ;$ 1267.O1 .'lam V . 1 1MO.04D gals/trio • i i 1 23.895.00 $ ]0.51133 0% 1 10800,14. 0.0% $ 31437.82 : . 2.1%:: $ 31.728.7S ' 25JODtcoo - IA/To ` 37,03584 # 4627E "13 32% 17,714196 197E p70,00 L 2.7% $ 40975.09 IGFicn ; . ., 15800.000 lits•fi+o 1 40 3M,00 1 4.414-55 10% $ 4178.41 014 $ 45 320 ' ' 1911; $.4.1,11:F0 ; 25824840 ;4alakno $ 62 24880 $ 07233.15 20% i 9!.13#24: 12% $ E4,637 ' ...21.1.1, # ?o: 10 , 5 WASTEWATER RAM a !oF CORPUS maim Sample Rates - Full Cost of Service Wastewater Rates __ -- leaned* 1'- -F, 1 Cast al genic, gMsi -'' _ " 4y�: _ -, = 2E4 - .i' ##/ -• - !{)'1 - • !0 ' • - - - 71.- -A"- k . 3 `p&shn0 ; '$ 21.02 $ 23,89 I 14.6 %} .$ 321 6 :74%16; $ ' 32893:74#6 1 f 3.04% = 8.000 `galshno 'C INITYAVER#GE { 10.000 Oalsh o { $ 47,13 ' .$ 62.x? " D *: , . i s50D0:.•-1 :7.6%, s 67.E! ' 3.021 Assoc* ;Wls*no . -' : , $ 95.24 , $ 72,O ,. .10,5%; _$ TT.4V '_T, % $ .70 = 31011? 1200 s nv , $ 03A1 3 02.1T ' 10.6% $ .7. 5C $. :_102.06 ? 3.0%: .: __ . 5 Pi k!°,._ . $ ... 101.60 t $ 11220 ' 10.6%; 1 120A? : 7$ %t'$ 124.30 3.011;. ;fCLonriirfl�elil _ IoDOD :gaisitno ` % ' $ 47.84 ; $ 6232 1O�6%, 1 5924 7,5%s $ -67.03 y' 3.0%?.. ' 25.000 +Oa1s 75o ; - $ 88.14 $ 07A1 IO.5%' 1 104.70 715 %-. $ -10T.610' 3D%' 50.000 i!a[a+1no .'. , $ 156.14 $ 172.68 1O.5% i 155.4 , 7.5% .$ 101.05 - tQ% ' 1001]00 •,g&Sknv : - ; $ 202.14. $ 32280 10.6% $ 947.03 TAW'. $ . ' 357.45 ' 3A %,, - 504 s9llll+lrro ` ' 1 1300.14 i $ 1.312$20 '. 10., 5 %' 1 1 L43 - '7.6%`.'$ 1Z li :. 3.0%' 11 Sample Rates - Full Cost of Service G Retpo. locks RAM! " . ;Ka c�oat� s.n+lo.1�1�= iC�YQF [>I]kPtlB CI4v'$11 a - . i _ ..i .. - i . _ \raids Qtytkials peg : ;Residential -Swirlier ; 1'MCF • ` $ 18,20: $ • 10,70 = 2.75%=$ . • _ 104$ > $.34%' 1 to z4 • 'S.3+A'J a 3 :aoli MN1TY11v RAGE . '1 . .44.05 '. $ 40.00: 4.15%!$ 47.83: _ 341%' '$ . 4027 _ • 314416: 6' ' $ 6+8.88: $ 88.02 ; 3.40%: $ 7'IAO ..9.514 $ • ' -• i . z 3.02%; • : 157 : _ 1 153.03 ' . E , 180.40 ' 3.1i451-' $ • .170.30 :.. 4A4 $_ : 103.E . .400!6,' = - 1 , Residential - WIn� . ' $ 1825: $ 10.70 2.76% ` $ 10Si = 3$4f $ 10A4 t - 3.36%:, . . 8 ! COMPAJPITY AlERIVGE ' $ 44.65: $ 40.08 ` 3.15%.,!$ 47.73. 3J4%�'$` -4946 9. 411] i 5 , $ 08 } $ 68.02 , 3.40%x'8 .71,66.; 73:81`,‘.-•-t- ' - .7432 7, _3.86%= 1 _ .31 . i 80.0 . 3,75%! ....6. � ; -- 174 1 1.25 � 4�p% '196.00} 4:iii6,# - r ' ' . 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Kevin Stowers Interim Director Engineering Services OUTSIDE PRESENTERS }: Name Title /Position _ Organization 1. John Wolf-hope, P.E. Project Engineer Freese & Nichols ISSUE: City needs to proceed with permitting, routing and development of partnership agreements to protect the City's rights to use the water. BACKGROUND: In September 1992, the City of Corpus Christi entered into an option agreement for the purchase of up to 35,000 acre-feet/year from the Garwood Irrigation Company. The Garwood Irrigation Company (Garwood) held the most significant senior water right in the Lower Colorado River Basin, with a priority date of November 1, 1900. This water right authorized the diversion of 168,000 acre-feet/year from the Colorado River at a maximum rate of 750 cfs, or 1,488 acre -feet per day. Most of Garwood's service area lies outside the Colorado River Basin, and currently uses a Large part of its right for irrigation of land that is located in the Lavaca - Navidad River Basin. In 1993, the Texas Natural Resource Conservation Commission (TNRCC) authorized an amendment to Garw od's water right that allows for the use of 35,000 acre -feet of its right to be used for municipal and industrial purposes. On October 7, 1998, the TNRCC approved the City of corpus Christi's purchase of the 35,000 acre- feet/year from the Garwood Irrigation Company, herein referred to as the Gar rood Purchase. The amendment of the certificate of adjudication authorizes the City of Corpus Christi to divert 35,000 acre-feet/year from the Colorado River for irrigation, municipal and industrial purpose at a rate not to exceed 150 cfs. The certificate also subordinates the 35,000 acre-feet/year to the remaining portion of the original Garwood Irrigation water right by giving it a priority date of November 2, 1900. REQUIRED COUNCIL ACTION: Approval of motion for the related action item to proceed with engineering services for Garwood Phase 2A services. FF.P � 1-7/07 Kevin R. 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Final 'RopoR,:..:?•:•:,........,•'•.:•::•:••••:,...,..„...,.:••;;•,,;.,.„.:..,:.,.,.......„....,....:.:...........:.. •• N ..:.:..::•••••'Novveember• 22 2009 ,..,.:.....,:...-:.,..,,,,,,.,,....,:,•••:,...:::..., -....ct Management • :—. . .....•... • ••••••: -••••••••.....- . • ,.... .. • . . -' '' ••••-: . - -•-. • • Proje:-:....:::'... •-•••-••••••••• •• ......• • ••• • • t-,.. . . . ... ... . . .. • .• . .. . . . . • . • .. • . :......... .... ••• . . , , ....... . ......... .... • . . ................ :,...., . . , . ...... ... . ....:......................•_:•:,.::......:.:.... .... . • . . . 22 AGENDA MEMORANDUM SUBJECT: Garwood Water Supply Routing Plan — Phase 2A December 18, 2007 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the engineering services contract with Freese and Nichols, Inc., of Fort Worth, Texas in an amount not to exceed $911,997 for Garwood Water Supply Pipeline Routing Plan, Phase 2A services. ISSUE: The most advantageous delivery option was identified and analyzed during Phase 2. Field studies, partnering agreements, permitting, conceptual design and analysis of the Mary Rhodes Pipeline is necessary to perfect the City's water rights. FUNDING: Funding is available from the Water CIP Fund (Commercial Paper). RECOMMENDATION: Approval of the motion as presented. Gus Inter' onzalez, RE - Director of t.- l 67 Kevin Stowers ervices Interim Director - Engineering Services Attachments: Exhibit A: Background Exhibit B: Summary of Contract Exhibit C: Location Map H:1H ME1KEVIN \ EN W TE l ar ood\Pha AAAWard EAMD Memo.d0 BACKGROUND INFORMATION SUBJECT: Garwood Water Supply Pipeline Routing (Project No. 8424) ADDITIONAL INFORMATION: The City must continue permitting and routing activity to further protect its Garwood water rights from the Colorado River. Failure to take any action to develop the rights would subject the rights to legal or political challenge in the event of a major drought or severe water shortage in major cities. The development of a routing plan involves a number of complex tasks prior to the design and construction of the pipeline. Phase 1 services consisted of a screening study of delivery options. The screening study explored eight options. Phase 2 provided a detailed study the three options deemed most advantageous. The three options studied were: Garwood Town Canal to Mustang Creek; • Combined Facilities with LCRA/SAWS; and • Gulf Coast I.D. Furbor Canal to Mary Rhodes Pipeline. It was determined the Garwood Town Canal to Mustang Creek was the least costly of the three options. It was also determined that not environmental or permitting issues would preclude the use of the Canal. All of the three options required partnering agreements with other entities. The Garwood Town Canal requires partnering agreements with the Lower Colorado River Authority (LCRA) and Lavaca Navidad River Authority (LNRA). The Garwood Town Canal was considered by LCRA to be the most acceptable of the three options. LIRA has indicated that they are willing to develop the necessary agreement to allow the City to withdra w additional water from Lake Texana. Such withdrawal would be subject to an acceptable agreement to replace the water through the Garwood Town Canal and Mustang Creek. GARWOOD WATER RIGHTS: In September 1992, the City of Corpus Christi entered into an option agreement for the purchase of up to 35,000 acre-feet/year from the Garwood Irrigation Company. The Garwood Irrigation Company (Garwood) held the most significant senior water right in the Lower Colorado River Basin, with a priority date of November 1, 1900. This water right authorized the diversion of 168,000 acre-feet/year from the Colorado River at a maximum imum rate of 750 cfs, or 1 ,488 acre -feet per day. Most of Gar good's service area lies outside the Colorado River Basin, and currently uses a large part of its right for irrigation of land that is located in the Lavaca - Navidad River Basin. In 1993, the Exhibit A Page 1 of 2 H:1H ME\ EVI S\ \ TER Ga oOd \I ha e2A\AWardAE MD Bk EXh ,do Texas Natural Resource Conservation Commission (TNRCC) authorized an amendment to Garwood's water right that allows for the use of 35,000 acre -feet of its right to be used for municipal and industrial purposes. On October 7, 1998, the TNRCC approved the City of Corpus Christi's purchase of the 35,000 acre- feetlyear from the Garwood Irrigation Company, herein referred to as the Garwood Purchase. The amendment of the certificate of adjudication authorizes the Ci ty Corpus Cor us Christi to divert 35,000 acre - feet/year from the Colorado River for irrigation, municipal and industrial purpose at a rate not to exceed 150 cfs. The certificate also subordinates the 35,000 acre-feet/year to the remaining portion of the original Garwood Irrigation water right by giving it a priority date of November 2, 1900. PRIOR COUNCIL ACTIONS: October 28 2003 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Freese and Nichols, Inc., of Fort Worth, Texas in an amount not to exceed $116,100 for Garwood Water Supply Pipeline Routing Plan, Phase 1 services (M2003.394). October 29, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment dment 1 o. 1 to the engineering services contract with Freese and Nichols, Inc., of Fort Worth, Texas in an amount not to exceed $285,490 for Garwood Water Supply Pipeline Routing Plan, Phase 2 services (M2004-387). CONTRACT DESCRIPTION: A contract summary is attached. See Exhibit B. EExhibItTT]A Page 2 of 2 H: \H IEI EVIN \ EMI ATER1 ar OOd \Pha a A' WardAEAI MD BkgE hA d0 CONTRACT SUMMARY Section 2. Scope of Services is amended by the addition of a paragraph to read: The Consultant Engineer hereby agrees, at its own expense, to provide contract administration services, as described to complete the Project. TASK 1: Field Studies Purpose: The purpose of this task is to conduct field studies and gather background information related to easement, permitting, and regulatory requirements associated with the proposed water rights amendment. A. Ownership Man. B. Risk C. Field Survey of West Mustang Creek. D. West Mustang Creek Habitat Assessment. E. Coordinate Re-Calibration of Ganad =u ng Station. F. Task 1 Summary Findings: Prepare summary of Task 1 results for incorporation into final report. TASK 2: Agreement with Lower Colorado River Authority (LCRA) for use of Garwood Irrigation Company Facilities purpose,: The purpose of this task is to develop an agreement between the City of Corpus Christi (City) and LCRA for upgrades, operation, and maintenance of the Garwood Irrigation Company Facilities including the proposed West Mustang Creek Diversion. TASK 3: Agreement with Lavaca-Navidad River Authority (LNRA) for conveyance through Lake Texana. Purpose: The purpose of this task is to develop an agreement between the City and LNRA for upgrades, operation, and maintenance of LNRA facilities associated with the proposed Garwood Diversion. TASK 4: Regulatory Agency Coordination Purpose: The purpose of this task is to coordinate with regulatory agencies and regional water planning groups regarding regulatory agency concerns, required permits, and consistency with current State of Texas water resources planning requirements. TASK 5: Permitting Activities Purpose: The purpose of this task is to prepare and submit permit applications and other materials required for the delivery of Garwood Water to Corpus Christi. A. Bed and Banks Authorization. B. Prepare Amendment to TPWD/LNRA Inflow and Release rerrnn. C. Water Right Amendment Application. D. Monitor Permit Applications Status. E. Regulatory Agency Coordination duringEermit Application Processing: Coordinate with TCEQ, TPWD, LCRA, LNRA, COE, South Texas Nuclear Project (STN P), , and GLO and respond to comments related to work performed in preparing the permit applications. F. Develpp Supporting Information for Amendment of Region N Regional Water Plan. G. Coordinate Amendment of Region N Regional Wafer Plan. H. Amend Water Conservation and Drought Management Plan. Exhibit Page 1 of 1. Easement Acquisitions. J. Gravel, Sand, and Mari Permit Application. K. Section 404 Permits. L. TPDES Permit itipplicatiori. M. TCEQ Public Hearings. N. In-Stream Flow Analyr e . O. Iask5summarv. TASK 6: Conceptual Facilities Design Purpose: The purpose of this task is to develop conceptual diversion facilities designs to assist with development of agreements with LC RA and LNRA, and to assist in permit identification and coordination with regulatory agencies. A. Garwood IrLi ati n Canal _pp Facility F e uirements_V pry sh p B. C n flaI_ Design of GIC Canal System Improvement C. Qgflceptual Design of West Mustang l'eek Diversion Structure D. GIC Facilities C n tc l_ e I n F ri er Workshop E. West Mustang_CreekGauging Stations Facilities I equirrerr ent W rl shop F. QoneptuaI Design of West t M u ta_np Creek Gauging Stations G. West M tan Cree_ 'r,, ng Stations Conceptual Design Wort sh_ H. Task 6 Summary: Prepare summary of Task 6 results for incorporation in final report. TASK 7: Mary Rhodes Pipeline Facilities Assessment Purpose: Diversion of the Garwood water will increase the City's reliance on the Mary Rhodes Pipeline (MRP). There is a need to identify alternatives for increasing the M P's operational flexibility and reliability in order to best integrate the Garwood water into the City's existing treatment and distribution system operations. The purpose of this task is to evaluate the existing MRP system, identify and evaluate alternatives to enhance the MRP system's operational flexibility and reliability, and to develop a prioritized list of improvements to the MRP to enhance its operational flexibility and reliability. A. Data Collection and Review B. Facilities Site Visit C. Task Kickoff o#f Word shop D. Pump Station Assessment E. SCADA Sate= ssessment F. Operational Integration of Garwood Water G. Alternatives Identification and Screening H. Alternative Control Strategies 1. Recommended MRP improvement J. Task 7 Summary: Prepare summary of Task 7 results for incorporation into final report. TASK : Phase 2A Report ,Purpose: The purpose of this task is to consolidate the Task Summaries into a final report. A. Prepare Draft Report B. Prepare presentation summarizing Draft Report C. Draft Report 1orlshop D. praftt Report Comments . rvieefin E. Prepare Final Report F. Final Report Presentation: Prepare a Power Point Presentation of the final report findings. Task 9: Project Management Purpose: The purpose of this task is to coordinate Engineer's efforts, monitor schedule and Exhibit B Page2of3 budget, and provide monthly status reports to City. Schedule The tasks and subtasks will be completed according to the fllowin timetable, Task Days to Com . lete Completion Date Notice to Proceed $116,100 September 12, 2007 Task 1 - Field Studies - - 209 April 8, 2008 Task 2 - LCRA reernen - 113 January 3, 2008_ _April 11, 2008 Task 3 - Li RA Agreement 212 Task 4: Permiftin9 and Agency Coordination 153 February 12, 2008 Task 5 - Permittin • Activities 604 Ma 8, 2009 Task 6 - Conceptual Facilities Design , - 162 February 21, 2008 i - Task 7 - Mary Rhodes Pipeline Assessment 482 Janua 6, 2009 Task 8 - Phase 2A Report 733 September 14, 2009 Task 9_- Project Management 761 - October 12, 2009 TAT Description Fee Original Contract Fee $116,100 Amendment ent I o.1 - Phase 2 $285,490 Amendment No. 2 — Phase 2A 2A -0001 Field Studies $138,411 2A-0002 LCRA Agreement $69,268 2A -0003 LIRA Agreement $81,250 2A-0004 Permitting and Agency Coordination $121,216 2A-0006 Permitting Activities $142,870 2A -0006 Conceptual Facility Design $57,164 2A -0007 Mary Rhodes Pipeline Assessment $142}686, $97,388 2A-0008 Task 8 - Phase 2A Report 2A-0009 Project Management $61,744 Amendment No. 2 Fee $911,997 Total Fee $1,313,587 Exhibit B Page 3 of 3 File : ADAVILA /CE /2007/4#- CARL /EXHI IT, dwg WEST MUSTANG CREEK OPTION 5 GAR''+ri� COLORADO INTAKE PS RIVER E�l:A�A MRP MEM MARY .-..RHODES KRUM W v. WEST DELIVERY rYSIII4 (WDS) CITY PROJECT No. 8424 VICINITYMAP NOT TO SCALE EXHIBIT "c" D WATER SUPPLY ROUTING PLANGARW04 QF ENGINEERING SERVICES PHASE 2A - PROJECT NO. 8424 PAGE: 7 of T CITY OF CORPUS CHRISTI, TEXAS iDEPARTMENT DATE: 12-13-2007 -MOB - - 23 AG ENDA MEMO RANDUM AGENDA ITEM: December 11, 2007 Motion authorizing the City Manager to execute a Development Agreement with Turner Industries, LLC, (Developer), to establish development requirements for a pipe fabrication facility located at the intersection offE137 and Clark wood Road. ISSUE: Turner Industries, LLC, developer of Turner Industries pipe fabrication facility, expects to complete the initial phase of the project by November, of 2008. The Development Agreement will allow for the recordation of the plat and the temporary use of the property for pipe assembly. The recordation of the plat will enable the applicant to construct both the on -site improvements and required off-site infrastructure improvements simultaneously. The simultaneous construction of both the on -site and off -site improvements will be required for the applicant to meet the operational deadline of November, 2008. The recordation ofthe plat will occur once the applicant posts the required security and meets all ofthe conditions for approval ofthe final plat. Alt improvements within the project will conform to the Platting and Zoning Ordinances except as specifically modified in the agreement. REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a Development Agreement with Turner Industries Group, LLC, (Developer). RECOMMENDATION: Staff recommends approval of the motion as presented. ____re41.771/:1 Robert Nix Assistant City Manager, Director of Development Services Attachments: Exhibit A Exhibit Background Information Development Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Turner Industries Group, LLC, Developer, is developing approximately 35 acres of land located on the southeast corner of the intersection at Interstate Highway 35 and Clarkwood Road. Turner Inustries Group, LLC is proposing to expand their operations here in Corpus Christi and develop a pipe fabrication facility that will primarily serve the petrochemical industry. The Development Agreement will allow for the recordation of the plat and the temporary use of the property for pipe assembly. The agreement will allow the developer to complete both the on-site and off -site infrastructure improvements in time for the November, 2008 opening. AGREEMENT T SUMMA Y: A. The Developer is pursuing the development of property it owns located at the intersection of Interstate Highway 37 and Clarkwood Road as a pipe fabrication and assembly facility to include a new administrative office building, fabrication facility, lay -down yards, and material storage area. B. The Developer desires to begin improvement of the property for use for temporary outdoor assembly work prior to plat recordation or issuance of permits for construction of the permanent improvements; C. The City's Platting Ordinance prohibits the issuance of building permits prior to the construction of water and wastewater facilities to serve the development; I. Construction of the water and wastewater facilities required to serve the development will significantly delay the recording of the approved plat and issuance of the required permits; E. The Developer proposes to construct the required water, wastewater, and storm water facilities simultaneous with the construction of the permanent improvements for the facility, providing an alternate means of water and wastewater service until the required water and wastewater improvements are designed, constructed, approved and accepted by the City, and to post an adequate security to assure the construction of the water, wastewater, and storm water improvements; Exhibit A. F. The Developer desires the City to record the plat and issue permits for the construction of the permanent improvements, upon Developer's posting of sufficient security for construction of the required water, wastewater, and storm water improvements with the City, Developer's provision of a sufficient potable water supply, provision of alternate wastewater disposal, and provision of temporary storm water management measures until the water, wastewater, and storm water facilities are approved and accepted by the City, and that the City will not issue a permanent Certificate of Occupancy for any facility constructed on the property prior to completion and acceptance of the water, wastewater, and storm water improvements; and G. All other ordinances, rules and regulations concerning the development shall apply. Exhibit A. TURNER INDUSTRIES GROUP DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES This Turner Industries Group Development Agreement (Agreement) is made and entered into by and between the City of Corpus Christi, Texas (City), a Texas home rule municipality, and Turner Industries Group, L.L.C. (Developer), a limited liability company authorized to do business in Texas, hereinafter collectively referred to as the "Parti G. All other ordinances, rules and regulations concerning the development shall apply. NOW, THEREFORE, for the mutual assurances set forth herein and good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties agree as follows: Section 1. Developer's obli • ations. 1.1. The Developer will pay 100% of the total cost (including engineering, permits, testing and construction) of the amendment of the wastewater master plan, wastewater improvements, the water improvements, and storm water improvements subject to applicable reimbursement from the appropriate water and/or wastewater trust funds. 1.2. Developer shall temporarily provide a sufficient potable water supply and provision of alternate wastewater disposal, acceptable to the City - County Health Department, (as described in Exhibit "B I" attached), provide temporary storm water management measures acceptable to the City, until the water, wastewater, and storm water facilities are approved and accepted by the City. 1., Developer shall provide a site plan for the temporary use of the property during the construction phase. Such site plan shall include provisions for access, screening, security, and work areas (as described in Exhibit "B2" attached). 1.. Construction of the infrastructure improvements shall begin prior to April 1, 2008, and shall be diligently pursued to completion, with completion on or before November 1, 2008. 1.. Construction of the infrastructure improvements shall not begin until the City has reviewed and approved the plans for construction of such improvements. 1.6. The Developer shall deposit with the City security equal to 110% of the estimated cost of constructing the infrastructure improvements. The estimated cost is set forth on Exhibit "C" attached. The security may be a letter of credit issued by a bank in Corpus Christi, Nueces County, Texas, in a form and content acceptable to the Finance Director and the City Attorney of the City. The security may be cash or other security approved and accepted by the Finance Director and City Attorney of the City. 1.7. Developer shall construct the permanent improvements for the facility substantially as depicted on the site plan (Exhibit "A"). 1.. Developer shall provide screening by providing a fence with a minimum height of six feet constituting a visual obstruction along the defined perimeter of the material storage areas and the lay -down yard, and the fabrication/assembly area. Page2of 9 071213 1.9. Developer shall provide for landscaping along the Interstate Highway 37 frontage of the property for a depth of at least one hundred fifty (150) feet which area may include the administrative office building and parking for the facility. In addition all zoning regulations will be applied for the development of the site. 1.10. Landscaping along Clark wood Road will be required to meet the regulations of the Corpus Christi Zoning Ordinance. Section 2. Plat Recordation. Upon submission and approval of the amendment to the wastewater master plan, approval of the preliminary and final plats of the property, delivery to the City of the security required in 1.6 above, upon submission of an approved final plat and upon payment of all applicable fees and charges, the City shall record the final plat, at the sole expense of the Developer, in the Real Property Records of Nueces County, Texas. Section 3. Issuance of Pennits and Certificates of Dceu' anc 3.1 The City will issue a temporary authorization to occupy the outdoor assembly area, lay -down yard, and material storage areas, as depicted on Exhibit "A" upon compliance with 1.2 above. Such temporary authorization shall expire upon the issuance of a certificate of occupancy for the permanent improvements on the property for the conduct of such activity or on November 1, 2008, whichever occurs earlier. The certificate of occupancy for the permanent improvements will not be issued until off site improvements are in operation and serving the subject property. 3.2 Upon the submission of a complete application for construction permit, fully compliant with all applicable ordinances and technical codes, the City will issue permits for the construction of the permanent improvements on the property upon compliance with 1.1, 1.4, 1.5, 1.6, and 1.7. Section 4. The following general terms and conditions shall apply to this Agreement: 4.1 Terri. The term of this Agreement will commence on the Effective Date (as defined below) and continue until completion of the objectives of this Agreement, unless terminated on an earlier date under other provisions of this Agreement or by written agreement of the City and the Developer, as provided for in Section 4.2 below. The Effective Date of this Agreement will be the date of full execution by the Parties. This Agreement will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. Page3of9 071213 4.2. Amendment by Agreement. This Agreement may be amended at any time by mutual written consent of the City and the Developer, or its successors or permitted assigns. 4.3. Assignment. This Agreement and the rights of the Developer may be assigned to any subsequent owner of the property, subject to the prior written consent of the City, which consent will not be unreasonably withheld. Any assignment will be in writing, will specifically set forth the assigned rights and obligations and will be executed by the proposed assignee. 4.4. Cooperation. The Parties will cooperate with each other as reasonable and necessary to carry out the intent of this Agreement, including but not limited to the execution of such further documents as may be reasonably required. 43. Notice. Any notice given under this Agreement must be in writing and may be given: (0 by depositing it in the United States mail, certified, with return receipt requested, addressed to the party to be notified and with all charges prepaid; (ii) by depositing it with Federal Express or another service guaranteeing "next day delivery", addressed to the party to be notified and with all charges prepaid; (iii) by personally delivering it to the party, or any agent of the party listed in this Agreement; or (iv) by facsimile with confirming copy sent by one of the other described methods of notice set forth. Notice by United States mail will be effective on the earlier of the date of receipt or three days after the date of mailing. Notice given in any other manner will be effective only when received. For purposes of notice, the addresses of the Parties will, until changed as provided below, be as follows: City: City of Corpus Christi Attn: City Manager 1201 Leopard Street PO Box 9277 Corpus Christi TX 78469 -9277 With Required Copy to: City of Corpus Christi Attn: City Attorney 1201 Leopard Street PO Box 9277 Corpus Christi TX 78469 -9277 Developer: Turner Industries Group, L.L.C. Attention: John M. Golashesky 3850 Pasadena Blvd. Pasadena, Texas 77503 Page 4 of 9 071213 The Parties may change their respective addresses to any other address within the United States of America by giving at least five days' written notice to the other party. The Developer may, by giving at least five days' written notice to the City, designate additional parties to receive copies of notices under this Agreement. 4.6. Severabili execution of this Agreement is duly authorized and adopted in conformity with the articles of incorporation and bylaws. 4.11. Relationship of Parties. In performing this Agreement, both the City and Developer will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 4.12. Survival of Terms. All representations, warranties, covenants and agreements of the Parties, as well as an y rights and benefits of the Parties pertaining to the � transaction contemplated hereby, will survive the original execution date of this agreement. 4.13. Pro $ ortiona1i . The Developer agrees that the public improvements contemplated to be made by or at the expense of the Developer are roughly proportional to the Development under Section 212.904, Texas Local Government Code. 4.14. Force Ma' eure. In the event of unforeseeable third party delays in the construction of the improvements or force majeure and upon a reasonable showing by the Developer that it has immediately and in good faith commenced and is diligently and continuously pursuing the correction, removal or abatement of such delays by using its best efforts, the City may consent to and excuse such delays, which consent shall not be unreasonably withheld. Force majeure means severe weather such as hurricanes, tornadoes, flooding, wars, riots and the unavailability of necessary and essential equipment and supplies from all sources. 4.15. Consequential Damages, Neither party shall be liable to the other for any alleged damages, consequential es, including but not limited to loss of funds, loss of revenue, � g loss of financing, ardor any other damages that are classified as "special damages ". 4.16. Conflict with provisions of Ci ordinances and codes. Should any term or provision of this Development Agreement conflict with any term, provision, rule, p p � or regulation of any City ordinance or code, then to the extent of such conflict only, the terms of this Development Agreement shall control. In all other respects and applications, the City's ordinances and codes shall apply to this development. 4.17. Other regulato r ' uireents. Developer, as its obligation and at its expense, shall comply with all other regulations and regulatory requirements that apply to py g the project. 4.18. Default. If developer defaults in any of its covenants or obligations under this Agreement, the City Engineer will send the Developer and Project Engineer � � g f--t: it \gws\r vse uDe A 0 Tu 71 1 Page 6 of 9 written notice by certified mail, return receipt requested, advising Developer of the default and giving Developer thirty days from date of receipt of letter to cure the default. if the Developer fails to cure the default relating to public infrastructure construction after receipt of the notice and opportunity to cure, the City Engineer may transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred infrastructure listed in Exhibit "C ". In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the deferred infrastructure in listed in exhibit "C", the excess monies, both principal and interest, shall be refunded to the Developer, within sixty days of the completion of construction and settlement of construction contracts. Notwithstanding the foregoing, any reimbursements available to Developer shall be applied to the public infrastructure construction costs for the benefit cif Developer. The undersigned Parties have executed this Agreement on the dates indicated below. CITY OF CORPUS CHRISTI, TEXAS a Texas municipal corporation TURNER INDUSTRIES GROUP, L. C. a limited liability company LegI i n ws', v r De g'.2UO TTunier -)712 13 Page 7 of 9 ._. +_... ,wr- a.t _._,......,... •.. ,.a:..... /+_.. __ ..�F i } +r.. �.,.i �Y -a a_v.i, �. .._.__v _ __. ._mss__ .. ..,> :. __•••_• . ,,.:.., __ _. _.._. • _ • • ._ - • .,.v ...� �.. rz,,..ti ..�.. -. w,-. �.a �.+-.,.T x..+_......4,:i}_.� -3.. _____. _,. +..- ♦,_+Iri ,....�,.- ...- +,.�___t ..... .........: ......... _'. s. EXHIBIT "A" DRAFT EXHIBIT "Bl. " Temporary Use Plan 1. The number of employees working on site will be no less than 6 and not more thmi 25. 2. Temporary toilet facilities and hand wash stations will be provided through a private vendor, proposed to be Skid -A Can upon the following conditions—cleaning will be dependent upon the number of people using them. 3. Potable water will be provided in sanitized sealed containers. The containers will be sanitized and sealed daily and delivered to the job site. Paper cups will be provided. 4. Access to the temporary facility will be from Clark wood Road as reflected on the general site layout in exhibit "B2" on the next page. H: LegDirlgwslDevSeM Dev g\ 07\Twner 711 EXHIBIT 1" EXHIBIT "B 99 Eng: Murray Hudson, P.E. Preliminary Platting Cost Estimate Client: Turner Industries Group, LLD for By: C.F.I. LOT 1, BLOCK TURNER INDUSTRIES TRACTS Dec. 4, 2007 Job No. 40821.A7.00 ITEW DESCRIPTION QUAN. QUAN. + UNIT 5% UNIT PRICE TOTAL COST A. PAVING IMPROVEMENTS: N6 pavin ! improyements are required for pi ttin • therefore no costs for paving iron • rovements were estimated. B. STORM SEWER IMPROVEMENTS: No storm sewer improvments are required for plan! therefore no costs for storm sewer improvements MIMI= were estimated. C. WATER IMPROVEMENTS: 1 16" PVC C -900 3 4 8" PVC C -900 16" Gate Valve and Box 8" Gate Valve and Box 16 "x8 " Reducer 16" Ductile Iron Cross 16 "x8" Ductile Iron Tee 8" Ductile Iron Tee 2,323 2,997 8 4 2,439 EA $225.00 $548,775.00 $26.50 $1,200.00 $650.00 Fire Hydrant Assembly Complete In -place 10 16 "x8" Tapping Sleeve 18" Tapping Gate Valve 11 Tie to Exis!n9 4" Waterline 12 160' Bore w130" casing Leopard Street Mal 14 2 14 1 Bore Pit 16" Plug 15 8" Plug D. SANITARY SEWER IMPROVEMENTS: 1 15 " PVC 22' -24' Cut) 5 5 .7 8 9 10 11 12 469 15" PVC (20'-22' Cut) 8" PVC 20' -22' Cut) 8'# PVC '18' -20" cut) OSHA Trench Proton Embedment 469 $950.00 $750.00 $700.00 $650.00 $2,500.00 $2,850.00 EA $1,000.00 . $300.00 LS $10,0.0 E $445.00 --- - - - $285,00 EA $83,395.50 $2,400.00 $5,200.00 $3,800.00 $1,500.00 $700.00 $1,300,00 $35,000.00 $2,850.00 $1,425.00 WATER SUB-TOTAL: $748,190.50 well Pointing Directional Bore w/24" Casing Leopard Street Bore Pit 5' Diameter Manhole (22'-24' Deep) . - -- 5' Diameter Manhole 20` -22' Dee 5' Diameter Manhole (18'-20' Deep) 438 =KM 1,830 1,830 1,830 160 1 1 1 492 492 460 477 1,922 1,922 1,922 l 168 1 1 1 LF LF LF LF LF EA EA EA $110.00 $54,1_20 . $100.00 $49,200.00 $95.00 $43,700.00 $85.00 $40,545.00 $1.75 $3,363.50 $6.50 $12,493.00 $43,245.00 $42,000.00 $25,000.00 $6,500.00 $6,250.00 *000.00 $12,000.00 $22.50 $250.00 $25,000.00 $6,500.00 $6,250.00 SANITARY SEWER SUB- TOTAL: $338,416,50 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 1 of 2 EXHIBIT "C" Eng: Murray Hudson, P.E. Preliminary Platting Cost Estimate Dec. 4, 2007 Client Turner Industries Group, LLC for Job No. 40821.A7.0 By: C.R.F. LOT 1, BLOCK TURNER INDUSTRIES TRACTS ITEM DESCRIPTION QUAN. 11121514. + UNIT MEM= TOTAL 5% PRICE COST E. MISCELLANEOUS ITEMS: 1 Bonding and Insurance 2 Construction Entrance Silt Fence 1 LS $50,000.00 1 EA $5,000.00 LS $5,000.00 F. ADMINISTRATIVE IST ATIVE ITEMS: 1 Engineering 8% of construction 2 Top.. raphic Surve for deli • n MISCELLANEOUS SUB - TOTAL: $50,000.00 $5,000.00 $5,000.00 $60,000.00 TOTAL ESTIMATED IMPROVEMENT COST: $1,148,607.00 3 Construction Testing 4 Construction Staking IQ 3% of construction Storm Water Pollution Prevention Plan $91,728.56 2,500.00 $5,000.00 $34,398.21 ,850.00 TOTAL ESTIMATED ADMINISTRATIVE COST: $135,478.77 TOTAL COST: 1 ,282,083.77 ADDITIONAL 10% REQUIRED FOR DEFERMENT: $128,208,38 TOTAL REQUIRED DEFERMENT (710%): $1,410,292.15 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361 - 854 -3101 2 of 2 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 78, 2007 AGENDA ITEM: A. Resolution approving a performance based agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and APAC Customer Services, Inc. (APAC), granting $400,000 in business incentives for the capital investment of $625,000 and the retention of a minimum of 485 permanent jobs (418 full-time and 67 part- time) B. Resolution authorizing the city Manager or his designee to execute a project agreement with the corpus Christi Business and Job Development corporation regarding implementation and administration of the agreement to grant business incentives to APAC Customer Services Inc. (APAC), for a capital investment of $82500O and the retention of a minimum of 485 permanent jobs 8 full -time and part-time). ISSUE: APAC has requested economic development funds to assist in the retention of jobs in corpus Christi to maintain City's economic base. PREVIOUS COUNCIL ACTION: Resolution #023172 approving the assumption of enterprise project designation from APAC Teleservices, Inc., to APAC Teleservices of Texas, L.P. and APAC Teleservices General Partner, Inc., pursuant to the Texas Enterprise Zone Act. CONCLUSION AND RECOMMENDATION: DATIO[ : Staff recommends approval to authorize the 4A Board to grant business incentives to APAC in the amount of $400,000 for a capital investment of $625,000 and the retention of a minimum of 485 permanent jobs (418 full - time and 67 part - time). Irma Caballero Director of Economic Development BACKGROUND INFORMATION Bairn! On August 27, 1996, Council executed an agreement with APAC Teleservices, Inc. (APAC) for temporary tax abatement. APAC received enterprise project designation in October 1996 from the Texas Department of Commerce. At that time, APAC was the 5th largest employer in the city with 1,300 employees. APAC also submitted a proposal for $418,000 in business incentives to the 4A Board for the creation of 150 jobs. This proposal was never finalized. On June 4, 2007, the 4A Board approved a performance -based agreement with APAC in the amount of $400,000 to grant business incentives for the retention of jobs. The amount is to be paid in five equal annual payments of $80,009 beginning September 30, 2008 through September 30, 2012. APAC agreed to begin full operation at its facility on or before June 30, 2007. APAC representatives contacted the Corpus Christi Regional Economic Development Corporation and requested a review of the agreement to modify the original terms. On December 10, 2007, the Corpus Christi Business and Job Development Corporation (4A Board) reviewed and approved the following agreement terms: 1. Begin full operation at the facility by July 30, 2007 2. Renovate and occupy a facility at 802 N. Carancahua with a total capital investment of not Less than $625,000 by June 30, 2008. 3. Maintain full -time operations and retain and continue staffing a minimum of 485 jobs (418 full -time and 67 part-time); Full -time defined as 1 820 hours of work over a 12 month period, 35 hours per week. 4. Pay an average salary of $20,809 with a gross annual payroll of $11,209,000. 5. Provide an annual report certifying compliance through the life of the agreement of retained jobs, new investments and any other relevant information. 6. Allow the Corporation reasonable access to its facilities for verification of construction progress. 7. Allow the Corporation reasonable access to its employment records and books to verify employment. 8. Provide a sworn certificate by its corporate officer in charge of personnel certifying the number of full and part -time jobs as of December 31 of the previous calendar year and the number of full and part - time jobs which were retained and maintained during the previous calendar year, with the hourly wage by the 15th day of the deadline for filing the fourth quarter report with the Texas Workforce commission. 9. Provide the Corporation with a sworn affidavit by its chief financial officer certifying the capital investment ent as stipulated in the agreement and that it has offered a health insurance program to its employees during the term of the agreement by June 30, 2008. 10. Payment of $400,000 in five equal annual payments of $80,000 beginning September 30, 2008, is subject to the performance requirements of APAC as outlined in the agreement. Pagel of 2 A RESOLUTION APPROVING A PERFORMANCE BASED AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION ("4A BOARD") AND APAC CUSTOMER SERVICES, INC. ("APAC") GRANTING $400,000 IN BUSINESS INCENTIVES FOR THE CAPITAL INVESTMENT OF $625,000 AND THE RETENTION OF A MINIMUM OF 485 PERMANENT JOBS (418 FULL- TIME AND 67 PART - TIME). WHEREAS, there is a need for an agreement between the Corpus Christi Business and Job Development Corporation and APAC to grant $400,000 in business incentives to APAC for the capital investment ent f $625000 and the retention of a minimum f 485 permanent jobs (418 full -time and 67 part -time jobs) in Corpus Christi. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the performance based agreement between the Corpus Christi Business and Job Development Corporation and APAC Customer Services, Inc. which is attached hereto, is approved, granting $400,000 in business incentives for the capital investment of $625000 and the retention of a minimum of 485 permanent job (418 full -time and 67 part-time). ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: December 13, 2007 Li Aull Assistant City orney For the City Attorney u• \T _P.(T _,1 T \T .» \ pqnhition 2007\Res-Agmt-4ABd-APACatmroval.doc Corpus Christi, Texas of - --, 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike H u rn e l l Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael M Cutch n Page 2 of 2 AGREEMENT TO GRANT BUSINESS INCENTIVES ES To APAC FOR THE RETENTION TIO I of JOBS This Agreement to Grant Business Incentives for the Retention of Jobs ("Agreement") is entered into by and between the Corpus Christi Business and Job Development Corporation ("Corporation"), a Texas nonprofit corporation organized under .A.C.S. Art. 5190.6, Sec. 4A, with mailing address of 1 201 Leopard Street, Corpus Christi, Texas, 78401, and APAC Customer Services, Inc., ("APAC"), an Illinois corporation authorized to do business in Texas, with a place of business at 802 North Carancahua, Corpus Christi, Texas 78401. 1. BACKGROUND 1.1 Purpose of Agreement. Corporation is a tax-supported non-profit corporation, whose primary income is from sales tax collected within the City of Corpus Christi and dedicated exclusively to economic development. This sales tax supporting Corporation is authorized as a local option under Texas Revised Civil Statutes, Art. 5190.6, Sec. 4A. Corporation exists for the primary purpose of developing, stabilizing, diversifying, and expanding the Corpus Christi economy through the retention, expansion, and recruitment of employment opportunities in order to benefit the citizens of Corpus Christi and the surrounding areas. 1.2 Project. The project and performance requirement to be implemented by means of this agreement are generally described as follows: The relocation of APAC's call center from 4525 Ayers Street to 802 North Carancahua on or before the 30th day of July 2007 retaining minimum staffing of four hundred eighty five (485) permanent employment positions (at least 418 full -time jobs and at least 67 part -time jobs), with an average annual salary of $20,800, and a gross annual payroll of at least $11,200,000, with living wage of at least $8.25 per hour; and with health insurance provided for employees who work at least 33 hours per week; and renovation of the facility "Facility" at 802 North Carancahua and purchase of new furniture, fixtures, and equipment at a total capital investment of not less than $625,000. At least 70% of the goods produced or services provided at the Facility will be sold to customers who are located at least 50 miles from the intersection of Staples Street and Leopard Street, Corpus Christi, Texas. The services produced are in NAILS code 56142. The performance requirements shall be continuously maintained during the entire term of this agreement. 1W, THEREFORE, in consideration of the premises and of the mutual covenants, warranties, and agreements of the parties, it is agreed as follows: 11. ECONOMIC BENEFITS AND INCENTIVES AND PERFORMANCE REQUIREMENTS 2.1 BY THE CORPUS CHRISTI BUSINESS ESS AND JOB DEVELOPMENT T CO POF TION .1 Money Grant: Corporation will convey by grant to APAC a total of Four Hundred Thousand Dollars $400,000.00 in five equal annual payments of Eighty Thousand Dollars ($80,000) each, as set forth in Schedule A, subject to the performance requirements of APAC and the conditions precedent that APAC has timely and fully complied with all applicable terms and conditions contained in this agreement and specifically, but not limited to the renovation, remodeling, and Page 1 of 17 occupation of the Facility at 802 North Cara ahua, in Corpus Christi, Nueces County, Texas, by July 30, 2007, for a total capital investment of at least Six Hundred Twenty - five Thousand Dollars ($625,000EOO), payable as described in Schedule B; and APAC will begin and maintain full --time operations at the Facility with the equipment, and the retained and continued staffing of a minimum of four hundred eighty five (485) permanent employment positions (at least 418 full -time jobs and at least 67 part - time jobs), with average annual salary of $20,800 and a minimum gross annual payroll of $11 ?200,000, with living wage of at least $8,25 per hour; and with health insurance provided for employees wh0 work at least 33 hours per week, at the APAC Facility as of July 30, 2007. in no event shall Corporation be required to convey any grant money prior to any designated performance event according to the following schedule, and in no event shall Corporation's performance date be accelerated by any act of APAC, Further in no event shall Corporation be required to make any partial grant payment for any partial performance by APAC. All Corporation payments are subject to the APAC's successful completion of all of performance- requirements outlined in this Agreement. Such grant funding shall be used to retain the 485 permanent jobs. Failure by Corporation to timely and fully comply with any performance requirement shall be an act of default by Corporation giving APAC, as its sole remedy, the right to the contracted amount to be conveyed and further being limited to the terms and conditions contained in Article Vil, paragraph 7,1, hereof. SCHEDULE A APAC's CONDITIONS PRECEDENT AND PERFORMANCE REQUIREMENTS Leasing, renovation, remodeling, and occupation of the Facility at 802 North Carancahua, in Corpus Christi, Nueces County, Texas, on or before the 30th day of July 2007, with a total capital investment of at least Six Hundred Twenty -five Thousand Dollars ($625,000.00) payable as described in Schedule B; beginning and maintaining full - time operations with the equipment, and the retained and continued staffing of a minimum of four hundred eighty five (485) employment positions (minimum 418 full - time and minimum 67 part- APAC's TIME OF PERFORMANCE CE June 30, 2008 June 30, 2000 June 30, 2010 June 80, 2011 June 30, 2012 H :LegDir /gws /E oDevAPAC /Draftln enti a 4A 070525 Page 2 of 17 CORPORATION'S PERFORMANCE REQUIREMENTS $400,000 payable as follows, and no later than: September 3 , 2008 $80,000 September 30, 2009 $80,000 September 30 , 2010 $80,000 September 30, 2011 $80000 September 30, 2012 $80,000 5 time with average annual salary of $20,606 and a minimum gross annual payroll of $11,200,000; with minimum living wage of $825 per hour; with health insurance provided to employees who work at least 33 hours per week. i BY APAC .1 Investment — Facility: APAC agrees that it shall renovate, remodel and equip a Facility located at 802 North Carancahua in Corpus Christi, Nueces County, Texas, with equipment and furniture on or before June 30, 2008. The capital investment for the renovation, remodeling, furnishing, and equipping of the Facility shall be at least Six Hundred Twenty-five Thousand Dollars ($625,000), payable as described in Schedule B. APAC shall begin full operation at Facility on or before July 30, 2007. Failure by APAC to timely and fully comply and to continue to comply with any performance requirement of this agreement shall be an act of default. SCHEDULE B APAC'a PERFORMANCE REQUIREMENTS AP C' 'ME OF PERFORMANCE MA CE 1. Relocation of APAC's call center from 1. July 30, 2007. 4525 Ayers Street to 802 North Carancahua and commencement of operations. 2. Renovate, remodel and equip a Facility located at 802 North Carancahua in Corpus Christi, Nueces County, Texas, with equipment and furniture, capital investment of at least Six Hundred Twenty -five Thousand Dollars ($625,000), completed as follows: A. Capital Expenditure of $516,026. B. Capital Expenditure of $108,974. 2.A. November 30, 2007 2. B. June 30, 2008. FI:LegDirigwsiEcoDevAPAC/Draftincentive 4A 070525 Page 3 of 17 .2 Employment: APAC agrees that it shall retain and maintain not less than four hundred eighty -five employment ositions (4 18 full -time and 67 part - time) for its Facility in Corpus Christi, Nueces County, Texas, with the average annual salary for each position not less than $20,800, and a gross annual payroll of not less than $11 ,200,000, for the full term of this agreement, with minimum living wage of $8.25 per hour. The jobs shall be primarily engaged in serving a customer base outside a 50-mile radius of the city of Corpus Christi. Failure by APAC to timely and fully comply and to continue to comply with any performance requirement of this agreement shall be an act of default. SCHEDULE C AiAC'sPERFORMANCE MANCE l E UI E ENTS Four hundred eighty -five (485) employment positions (418 full -time and 67 part - time) for its Facility in Corpus Christi, Nueces County, Texas, with the average annual salary for each position not less than $20800, and a gross annual payroll of not less than $11,2 0,000, with minimum living wage of $8.25 per hour; and health insurance benefits provided for employees who work at least 33 hours per week. APAC's TIME OF PERFORMANCE MANCE June 30 2008 June 39, 2009 June 30 2010 June 30 2011 June 30, 2012 ill. REPORTING TING AND MONITORING 3.1 Reports and Monitoring: APAC agrees to the following reporting and monitoring provisions, and failure to fully and timely comply with any one requirement shall constitute an act of default. .1 APAC shall provide an annual report certifying the status of compliance through the life of the agreement of retained jobs, new investments and any other relevant information. Documentation for jobs may be in the form of quarterly IRS 941 returns, APAC employer Quarterly Reports, or employee rosters that show the hours worked and the positions filled, and such other reports as may reasonably be required. .2 APAC, during normal working hours, at its Corpus Christi, Texas, Facility, shall allow Corporation and its designee, Corpus Christi Regional Economic Development Corporation, reasonable access to APAC's Facility to allow Corporation to verify construction progress. .3 APAC, durin g normal working hours, at its Corpus Christi, Texas, Facility, shall allow Corporation and its designee, Corpus Christi Regional Economic Development H:LegDi rig ws/EcoDevAPAC/Draftl ncentive 4A 070525 Page 4 of 17 Corporation, reasonable access to APAC's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this agreement, but the confidentiality of such records and information shall be maintained by Corporation and its designee, Corpus Christi Regional Economic Development Corporation, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. .4 By the 15th day of the deadline for ding the second quarter report with the Texas Workforce Commission during each year of this Agreement, APAC agrees to provide Corporation with a sworn certificate by its corporate officer in charge of personnel records certifying the following 0) the number of full -time and part -time permanent employees at its Facilities as of June 30 of each year of this Agreement; and (li)the number of full -time and part -time permanent jobs which were retained and maintained as of June 30 of each year of this Agreement, with hourly wage. The provided documentation shall be in the form of quarterly Texas Workforce Commission payroll reports or other mutually acceptable employment and payroll report. .5 By June 30, 2008 , APAC agrees to provide the Corporation with a sworn affidavit by its chief financial officer certifying the capital investment required by this Agreement. .6 APAC shall certify that it has offered a health insurance program for its employees during the term of this Agreement. Iv. COVENANTS, WARRANTIES, OBLIGATIONS AID DUTIES 4.1 APAC makes the following covenants and warranties to Corporation, and agrees to timely and fully perform the following obligations and duties. Any false or substantially misleading statement contained herein or failure to timely and fully perform as required in this agreement shall be an act of default by APAC. Failure to comply with any one covenant or warranty shall constitute an act of default by APAC. 'l. APAC is a corporation duly organized, validly existing, and in good standing and authorized to do business in the State of Texas under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. .2 The execution of this agreement has been duly authorized by APAC's board of directors, and the corporate officer signing this agreement is an officer of the corporation, empowered to execute such agreement and bind the corporation, said authorization, signing and binding effect is not in contravention of and I, rule or regulation, or the provisions of APAC's articles of incorporation or by- laws, or of any agreement or instrument to which APAC is a party or by which it may be bound, such authority to be evidenced by a corporate resolution, attached hereto at the time of I:LegDirl gars /EcoDevAPAC /Drafkln centive 4A 070525 Page 5 of 17 execution. APAC has the authority to enter into and perform, and will perform, the terms of this Agreement. .3 APAC has timely filed and will timely file all local, State, and Federal tax reports and returns required by law to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem and employment taxes, have been timely p aid, and will be timely paid, during the term of this Agreement. .4 No litigation or governmental proceeding is pending or, to the knowledge of APAC or APAC's officers, threatened against or affecting APAC that may result in any material adverse change in APAC's business, properties, or operations+ No consent, approval or authorization of or registration or declaration within any governmental authority is required in connection with the execution of this agreement or the transactions contemplated hereby. .5 o certificate, statement or information provided by APAC to Corporation, the Corpus Christi Regional Economic Development Corporation, or the City of Corpus p Christi in connection with any transaction contemplated hereby, contains any untrue statements or fails to state any fact necessary to keep the statements contained therein from being misleading. .6 To the best of its knowledge, APAC has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business operations in Corpus Christi, Texas, and will continue to use its best efforts to maintain all necessary rights, licenses, permits and authority. .7 The funds herein granted shall be utilized solely for the purpose of offsetting the cost of retaining and maintaining a minimum of four hundred eighty five (485) permanent employment positions (at least 418 full - time jobs and at least 67 part - time jobs), with average annual salary of $20,000 and a minimum gross annual payroll of si ,200,000, with living wage of at ieast $8.25 per hour; and with health insurance provided for employees who work at least 33 hours per week at APAD's Corpus p Christi Facility. .8 APAC shall continue its full - time business activities on its property in Corpus Christi, Texas, including maintaining its employment and investment requirements at all times throughout the term of this agreement. .9 APAC shall J ro om lete the project required by this Agreement and shall provide and p p staff the required employment positions, investment, and other economic development considerations described in this Agreement. .10 APAC shall timely and fully omply with all of the terms and conditions of this Agreement. .11 APAC may not sell stock, assets, or any ownership interest in APAC that would be issued than twenty percent of APAC s total authorized and ssued stock, assets or ownership interest, without i riorwritten notice to the Corporation, the Corpus Christi Regional Economic Development Corporation, and City of Corpus Christi. H: LegDir /gws /EcODevAPAD /Draftlnceftive 4A 070525 Page 6 of 17 .12 APAC shall notify Corporation in writing of substantial changes in management within seven days. Substantial changes mean changes in Chairman of the Board, President, C.Q.O. or area management. .13 APAC has received a copy of the Texas Development Corporation Act of 1979, Art. 81 90.6, Vernon's Texas Revised Civil Statutes, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. .14 In the event it is determined by Corporation or City of Corpus Christi that funds provided under this Agreement were not used in accordance with State law, then APAC agrees to repay such funds to the Corporation within 30 days of written notice requesting reimbursement. .15 if an audit determines that the funds were not used for authorized purposes , APAC agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. .16 There are no bankruptcy proceedings currently pending concerning APAC, nor are any such proceedings contemplated by APAC, as of the date of execution of this Agreement by APAC. .17 APAC will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. .18 APAC agrees to provide information, reports, or statements respecting its business operations and financial condition as Corporation may reasonably request from time to time. .19 APAC will timely pay, before delinquency, all its utility billings. 4.2 All representations, warranties, covenants and agreements of the parties, as well as any rights and benefits of the parties pertaining to the transaction contemplated hereby, shall survive the original execution date of this agreement. V. SUSPENSIONS/TERMINATIONS 5.1 Corporation, under the following circumstances, and at its sole discretion, may suspend its obligations under this agreement or terminate this agreement and recapture from APAC any of the money grants or consideration paid by Corporation to APAC, without liability to APAC, upon any one of the following events, which are an act of default. .1 The appointment of a receiver of APAC, or of all or any substantial part of its property, and the failure of such receiver to be discharged within sixty days thereafter. .2 The adjudication of APAC as bankrupt. H:L gDirlgws /EcoDevAPA /Dr ftln entive 4A 070525 Page 7 of 17 .3 The filing by APAC of a petition or an answer seeking bankruptcy, receivership, reorganization, or admitting the material allegations of a petition filed against it in any bankruptcy or reorganization proceeding. VI. DEFAULT 6.1 Events of Default. Should APAC fail to timely, fully and completely comply with any one or more of the requirements, obligations, duties, terms, conditions or warranties of this agreement such failure shall be an act of default by APAC and, if not fully and completely cured and corrected within sixty (60) days after written notice to do so, Corporation may terminate this agreement and pursue all legal remedies as provided by law, provided however that APAC's liability under this agreement shall be limited to the immediate return by APAC to Corporation of all money grants and consideration previously paid to it by Corporation, the maximum imur lawful rate of interest on all money paid to APAC until fully repaid, reasonable attorney fees and cost of court to collect such money, and the termination of all further obligations on behalf of Corporation under this agreement. Corporation shall not be liable to APAC for any alleged consequential damages. Additionally, the following events shall constitute a default of this Agreement: .1 The Corporation or City determines that any representation or warranty on behalf of in r ■ APAC contained in this Agreement or n any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; .2 Any judgmerit is assessed against APAC or any attachment or other levy against the property of APAC with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. .3 If taxes on the Facility become delinquent, and APAC fails to timely and properly follow the legal procedures for protest or contest. .4 APAC changes the general character of business as conducted of the date this Agreement is approved by the Corporation. .5 Foreclosure or sale of the Facility. 6.2 In the event of unforeseeable third party delays in the renovation of the Facility or force majeure and upon a reasonable showing by APAC that it has immediately and in good faith commenced and is diligently and continuously pursuing the correction, removal or abatement of such delays by using its best efforts, Corporation may consent to and excuse such delays, which consent and excuse shall not be unreasonably withheld. Failure by APAC to use its best efforts as required in this paragraph shall be an act of default. Force majeure means severe weather such as tornadoes or flooding, wars, riots, and the unavailability of necessary and essential equipment and supplies from all sources. 6.3 Any delay for any amount of time by Corporation in providing notice of default to APAC shall in no event be deemed or constitute a waiver of such default by Corporation of its rights and remedies available under this agreement, or in law or equity. H: LegDir /gws /EcoDevAPA /Draftlncentive 4A 070525 Page 8 of 17 6,4 Any waiver granted by Corporation to APAC of any covenant or condition, the breach of any covenant or condition of this Agreement, or of an act of default shall not be deemed or constitute a waiver of any other existing or future breach of a covenant or condition, or act of default by APAC or of a subsequent breach of the same covenant or condition or act of default of the same act or event by APAC. 6.5 o waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. Any waiver or indulgence of APAC's default may not be considered an estoppel against the Corporation. 6.7 Results of Uncured Default. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of APAC, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that rem ains uncured after the Cure Period: .1 APAC shall immediately repay all amounts paid by Corporation under this Agreement, with interest at the interest rate paid by the City on its most recently issued general obligation bonds from date of expiration of Cure Period until fully paid. .2 APAC shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. .3 The Corporation shall have no further obligations to APAC under this Agreement. .. Neither the City nor the Corporation may be held liable for any consequential damages. .. The Corporation may pursue all remedies available under law. 6.8 APAC shall give Corporation written notice of any act of default by Corporation, and Corporation shall have thirty (30) days after receipt of the notice to cure the default. Failure by Corporation to timely and fully cure the act of default shall permit APAC to pursue its legal remedies as provided in this agreement. vil. CORPORATION'S LIABILITY LIMITATIONS .1 Payments: APAC specifically agrees that Corporation shall only be liable to APAC for the actual amount of the money grants to be conveyed to APAC and shall not be liable to APAC for any other actual or consequential damages, direct or indirect, interest, attorney fees, or costs of court for any act of default by Corporation under the terms of this agreement. It is further specifically agreed that Corporation shall only be required to pay the grant amounts solely out of its sales tax revenue currently collected, allocated and budgeted and to be allocated, budgeted and collected for APAC during the term of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted and collected solely during the grant term of this agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and H; . egDir lgws /Ec0DevAPAC /Draftlncentiv 4A 070525 Page 9 of 17 agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to APAC for any such deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made to APAC shall also require a written request from APAC to be accompanied by all necessary supporting su ortin documentation. Corporation shall have forty -five days to make a ment after receipt of such payment request. The payment request should be directed to payment p the address provided for Corporation below. VIII. DEFINITIONS As used in this agreement, the following words or phrases shall have the following meanings: 8.1 City of Corpus Christi or City shall mean the governing municipal corporation, the area that is within the city limits of the City of Corpus Christi, Texas, 8.2 Compliance shall mean timely, fully and completely performing or meeting each and eve ry requirement, obligation, duty, condition, or warranty as stated in this agreement. � Compliance shall mean complete compliance and shall not mean substantial compliance. 8.3 Act of Default shall mean failure to timely and fully comply with one or more requirements, obligations, duties, terms, conditions or warranties, as stated in this agreement. Corporation may, in its sole discretion, accept substantial compliance in lieu of g y full compliance by waiving such act of default solely by an instrument in writing. 8.4 Full-time Operation shall mean the operation of the call center Facility for not Tess than eight hours per day, five days a week, for fifty -two (52) weeks every fiscal year. g y 8.5 Full -time Job or Full - time Equivalent Job (FTE) shall mean a job requiring a minimum of One Thousand Eight Hundred Twenty (1 820) hours of work over a twelve (12) month term [thirty-five hours work per week], including allowance for vacation and sick leave, with full company benefits and employed exclusively and on -site in the city of Corpus Christi. Use of a staffing agency is permitted provided all of the conditions here are met. 8.6 Insolvent shall mean failure to timely pay debts in the ordinary course of business or cannot pay debts as they become due, or is insolvent within the meaning of the federal bankruptcy law. 8.7 Force Majeure shall mean severe weather such as tornadoes or flooding, wars, riots and the unavailability of necessary and essential equipment and supplies from all sources. IX. GENERAL TERMS 9.1 Effective Date. The effective date of this Agreement "Effective Date") is the latest date that either party executes this Agreement. 9.2 Term. The term of this Agreement is five (5) years from the Effective Date. H :LegDir/ ws /EcoDevAPAC /Draf#lncentive 4A 070525 Page 10 of 17 9.3 Termination. This Agreement may be terminated by mutual agreement of the parties or b either party, upon the failure of the other party to fulfill an obligation as set forth herein. + i � + i • ■ r r a s • The termination of this Agreement shall extinguish all rights, duties, obligations, and liabilities of the parties under this Agreement, except all rights, duties, liabilities, and obligations accrued prior to such termination shall survive termination. 9.4 Compliance with Laws. This Agreement is subject to all legal requirements in the City Charter and Code of Ordinances of the City of Corpus Christi and all other applicable county, state, and federal laws. APAC shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, County and City governments, as may be amended or enacted. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 9.5 Assignment. This Agreement shall be binding upon the parties hereto and their successors and assigns. However, APAC may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 9.6 Indemnify. APAC covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims, demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with APAC activities conducted under or incidental to this Agreement, includin g any injury, loss or damage caused by the sole or contributory negligence of y any or all of the lndemni ees. APAC must, at its own expense, investigate all those claims and demands, attend to their se tlemen or other disposition, defend all actions based on those claims and demands with counsel satisfactory to lndemn�ees, and pay all charges of attorneys and all other costs and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 9.7 Buy Local Provision. APAC agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. 9.8 Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: H: Leg Dir / ws /EcoDevAPA /Oraftlnc ftive 4A 070525 Page 11 of 17 APAC: APAC Customer Services, Inc. 6 Parkway North Deerfield IL 60015 Attn: General Counsel With a copy to: APAC: APAC Customer Services, Inc, 6 Parkway North Deerfield IL 60015 Attn: Facilities Manager Corporation: City of Corpus Christi Business and Job Development Corporation Attn: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent to the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. Incorporation of other documents. a. The Corpus Christi Business & Job Development Corporation Guidelines & Criteria for Granting Business Incentives ("Corporation Guidelines"), adopted September 18, 2007, are incorporated into this Agreement. b. APAC application submitted to the Corporation for business incentives ("Application") is incorporated into this Agreement. c. if there is any conflict in the terms of these documents, the following order controls: (1) This Agreement, (ii) Corporation Guidelines, llil Application. 9.10 Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 1-1:LegDirigws/EcoDevAPAC/Draftlncentive 4A 070525 Page 12 of 17 9.11 Relationship of Parties. In performing this Agreement, both the Corporation and APAC will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 9.12 Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 9.13 Severability. .1 If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will riot be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. .2 To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 9.14 Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. APAC consents to, and waives any objections to, in personum jurisdiction in Nueces County, Texas. This agreement and the relationship between Corporation and APAC shall be governed and interpreted under the laws of the State of Texas without regard to any conflict of laws or provisions. 9.16 Sole Agreement. This Agreement constitutes the sole agreement between the Corporation and APAC. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. Except as otherwise provided herein, this Agreement cannot be modified or amended without a written agreement of the parties. 9.16 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 9.17 Representation. Corporation - represents that no Corporation board member or employee, City of Corpus Christi officer or employee, has been or will be compensated in any manner with respect to directly or indirectly bringing the parties hereto together, agreement negotiations, or the entering into of this Agreement. in no event will APAC pay a fee to or in any manner compensate any Corporation board member or employee, City of Corpus Christi H :LegDir /gws /E oDevAPA /Draftln entive 4A 070525 Page 13 of 17 officer o r employee, to in connection with the acceptance of this Agreement. A breach of this , provision n 0.1 shall result in automatic and immediate termination of this Agreement, and shall be an act of default by APAC. 9.18 the r Contracts. It is understood by APAC that Corporation has heretofore entered, and may hereafter enter, into contracts with other companies or persons upon terms and conditions different from the terms and conditions of this Agreement, and APAC has no standin g object ob`ect whatsoever to any such contracts or require any modifications or changes to its Agreement due to such other agreements. 9.19 Corporation, its officers and employees, and its agents or contractors retained to perform economic development services for Corporation, shall treat as confidential the financial statements of APAC and shall not release such information to the public, unless � required by law or court order. Corporation shall immediately notify APAC of requests or court orders to release such information. 9.20 A representations, Ali re resentations warranties, covenants and agreements of the parties, as well as and benefits of the parties pertaining to the transaction contemplated hereby, shall any rights a p � � survive the original execution date of this agreement. 9.21 Insurance. APAC shall maintain insurance on the Facility, at APAC's expense, during the ter of this Agreement, insurance of the type and with the amount of coverage shown on the Attachment, which is incorporated in this Agreement by reference. APAC shall use an insurance company or companies acceptable to the Risk Manager of the City of Corpus Christi. Fa l u i re to maintain the insurance during the term of this Agreement, at the limits and requirements irements shown on Attachment constitutes grounds for termination of this Agreement. The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Facility. The Certificate of Insurance must provide that the City will have da s advance written notice of cancellation, intent to not renew, material change, thirty (30) . termination of any coverage required in this Agreement. APAC shall provide, during the or trrn�n y term oft this Lease, copies of all insurance policies to the Risk Manager upon written request City Manager. The Risk Manager shall retain the right to annually review the amount by the y g and types es of insurance maintained by increased to require ncreased coverage limits, if the ' � n he interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, APAC shall receive thirty (30) days increased notice prior to the effective date of the requirement to obtain ncreased coverage. APAC shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior in writing, the Risk Manager that the proposed addition or alteration will not clearance} � � g nece necessitate a change or modification in the existing insurance coverage maintained by Lessee. EXECUTED on the date shown opposite the signature of each party. Corpus Christi Business & Job Development corporation By: Eloy Salazar, Chairperson H :LegDir/ we /EcoDeVAPAC /Draffin entive 4A 070525 Page 14 of 1 Date: Attest By: Armando Chapa, Assistant Secretary H :LegDir/ wsfEeoDevAPAD /Dr ftlncentl a 4A 070525 Page 15 of 17 APAC CUSTOMER SERVICES, INC. By: George H. Hepburn, III, Senior Vice President and Chief Financial Officer Date: Attest: By: Title: Federal Tax ID No.: Corporate Seal: The State of County of Before me, _ _ (Notary's name), on this day personally appeared George H. Hepburn 111, SVP and CFO of APAC Customer Services, Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged ed to me that he executed the same in the capacity stated as the act of APAC Customer services, Inc., an Illinois corporation, for the purposes and consideration expressed in the instrument. Given under m y hand and seat of office this the day of , 2007. Notary Public, State of H :LegDir /gws /Ec0De APAD /Dr ftlncentive 4A 070525 Page 16 of 17 H :L gDirlgl s /EcoDnvAPA /Dr ftlnc ntivc 4A 070525 Page 17 of 1 Page 1 of 2 A RESOLUTION AUTHORIZING I Il G THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROJECT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT iT CO PO ATIO[ REGARDING DING IMPLEMEf TATIO AND ADMINISTRATION ATION of THE AGREEMENT TO GRANT T BUSII ESS INCENTIVES ES To APAC CUSTOMER SERVICES, INC. ("APAC") FOR A CAPITAL INVESTMENT of $625,000 AND THE RETENTION OF A MINIMUM OF 485 PERMANENT E{ T JOBS (418 FULL -TIME AND 67 PART-TIME). r is a need for project agreement between the Corpus Christi Business WHEREAS, there � nd Job Development Corporation and APAC Customer Services, Inc. for the retention of 418 full -time and 67 part -time jobs in Corpus Christi. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL C1L of THE CITY , F OF CORPUS CHRISTI, TEXAS: �l City SECTION . That the Lit Manager or his designee is authorized to execute the agreement between the Corpus Christi Business and Job Development project re � Corporation and APAC Customer Services, Inc. for a capital investment of $625,000 and the retention of a minimum of 485 permanent jobs (418 full- time and 67 P art -time . A copy of the agreement is attached. ATTEST. . CITY OF CORPUS CHRISTI Armando Chap a Henry Garrett City Secretary Mayor APPROVED i to form: December 13, 2007 A 4is. ... 4 t .i Aguila istant City A orney For the City Attorney Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike ke H u r -rell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Page 2 of 2 BUSINESS INCENTIVES P OJECT AGREEMENT EI T This Business Incentives Project Agreement (" Project Agreement" is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, EAR on November 5, 2002, residents of the City of Corpus Christi "City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and p expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years, WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, EAR APAC Customer Services, Inc. has submitted a proposal to the Corporation to request business incentives of approximately $400,000 to be used to its APAC Customer Services, Inc. in ts renovation and remodeling the facility at 802 North Carancahua in Corpus Christi, Nueces County, Texas, ("Facility"), for total APAC Customer Services, Inc. capital investment of Six Hundred Twenty -five Thousand Dollars ($625,000) to allow APAC Customer Services, Inc. to retain 418 full- -time and part - time employment positions at Facility; WHEREAS, the Board has determined that it is in the best interests of the citizens of ' business incentives be offered to APAC Customer Services, Corpus Christi, Texas that buy Inc. I:IL - Ili \4A rpl usin ss Incentives PROJECT A E ENT.do 1 WHEREAS, the Corporation and APAC Customer Services, Inc. have executed an agreement to grant business incentives to APAC Customer Services, Inc. for the retention of jobs (Business Incentives Agreement). In consideration of the covenants, promises, and conditions stated in this Project Agreement, the Corporation and the City agree as follows: 1. Project Agreement to Implement Business Incentives Agreement. This Project Agreement between the City and the Corporation is executed to implement the Agreement to Grant Business Incentives to APAC Customer Services, Inc. for the Retention of Jobs between the Corporation and APAC Customer Services, Inc. 2. Term. The term of this Project Agreement runs concurrently with the term of the Business Incentives Agreement. 3. Services to be Provided by City a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shalt perform contract administration responsibilities outlined in the Business Incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. cations. o amendments or modifications to this Project Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Agreement or the application of this Project Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Agreement be given full force and effect for its purpose. 1-1:\LEG-DIREisaAA CorplBusiness Incentives PROJECT AGREEMENT.doc 2 b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under 1 resent or future law effective during the term of this Project Agreement, then the remainder of this Project Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Agreement automatically. 8. Captions. The captions in this Project Agreement are for convenience only and are not a part of this Project Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Agreement. The City of Corpus Christi Corpus Christi Business Job Development Corporation George K. Noe Eloy Salazar City Manager Chairperson Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form December 13, 2007. Lisa Aguilar Assistant City Attorney for City Attorney H \LE -DI \Lisa 4A Corp \Business Incentives PROJECT AGREEMENT.doc 3 25 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: WorkSource Quarterly Report STAFF PRESENTER(S): Name 1. None 2. 3. OUTSIDE PRESENTER(S): Title/Position De • artment Name Title/Position 1. Mary Ann Rojas CEO 2. 3. PowerPoint Supplemental Information lo 0 0 r anization WorkSource di �` WORKSOURCE orkforce Development Boards A Historical Perspective Purpose Outcomes The Source of Opportunity City Council Quarterly Presentation Texas Boards o 28 boards-geographical regions O Board members are appointed by chief elected officials O Coastal Bend board-34 members o Demographic requirements • Board membership responsibility • Strategic Planning • Advocacy • Policy Makers • Oversight �t WORKSOURC 1 Service Delivery O One stop system • Contracted services co Served 18,096 Jobseekers • Job Prep • Retail Skills Institute O On the Job Training • 2,798 Local Employers served in www.workintexas.com O 1 ,029 Job Seekers Hired Monthly • 926 enrolled in Youth Program • 7,250 children in child care during BCY 2007 for parents working or in training. Performance: From 11th in BCY 2005 to 10th in BCY 2006 to 3rd in BCY 4tifie Jett- WORKSOURCE lnvestment in the Coastal Bend Child Care 14,151,446 55% Resource Agreement 12,900 0 Trade Act Funding 11.906 Program Income 20.000 0% / Disability Vet Services 50.000 0. Program Navigator 55.962 0% Project Rio 112.825 0% TANFl hoi e $3,253,188 Food Stamps ELT 13% 634,48 3% Transportation 285. 1 BRAC 135.000 1% 5 196 111OKS WIA 6,893t539 27% C z Performance Targets `ork o rce oz te Coastal Bend Performance Maximizing Training Investments dolt, Dislocated Worker, Incumbent Worker Program Year 3 A Year in Review ■....i ■...II.i ■...ii■ ME =BM Sunrise Mall Facility vin :Opened for Business in March 2007 $0-7 Meeting Room Capacity - 22 Person Computer Station • Computer Lab • Business Services Unit • High Traffic 4 Characteristics of the Labor Force ▪ Past • Task Oriented/ Labor Intensive • Long Term Employment • Family Dynamic • Present • Older • Technology Driven • Shortage of Skilled Workers so Future • More Mobile • Independent • Project Workers • Various Employers � WORKSOURC: Where Are the Jobs? F1.: . ( #.: I. •,ri_r 0 11I • Industries showing most growth: • Petrochemical: Industrial - technical jobs • Healthcare: Nursing shortage continues o Avg age 49 • Instructor shortage ▪ Waiting list for students • Construction • Business Services: IT support/administrative specialists • Continuous changes in technology. • Service industry Current Unemployment Rate: 4.0% (Coastal Bend) Texas: 3.9% United States 4.4% l woRKSOUacE The Sarre of Ccoorkriv 5 Factors affecting our labor force 0 Maturing labor force: • Baby boomers will begin retiring in 2008 • In 2011 they begin qualifying for Medicare As baby boomers leave no one is ready to replace them: By 2030 some 75 million baby boomers will have retired while only 46 million people in Generation X and Generation Y enter the workplace (18 -30) WORKSOURCE _ - DR Same al ooarhr v Factors affecting our Iaborforce 0 Demographics • Hispanic share of civilian labor force O Fastest growing • Median age of workforce O Older, • Education: 14 of the 15 fastest growing occupations in Texas require post-secondary degree or certification s,�s "WORKSOURCE 6 Challenges and Opportunities: Educational Attainment Challenges /Opportunities Global Perspective • Changing workforce environment • Technology is changing the way we do business. O Outsourcing of business tasks O Increased periodicity • Energy alternatives drive business decisions Local Solutions • Relevant real time data • Program design: leveraging resources • Communication: collaboration with partners and employers • Building local workforce taskforce • Build talent pools WORKSOURCE Tha Scum d_Cooartirtv 7 WorkSource of the Coastal Bend Thank you for serving our community! ''v�ror�cs _____._.__ 8 26 CITYCOUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA STEM: A presentation regarding a Tax Increment Financing Zone for downtown and a motion to place the item on the calendar for action on January 29, 2008. STAFF PRESENTER(S): Name __._ _ Title/Positiori De . artment 1. Irma Caballero Director of Economic development 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Orstanization 1. 2. 3. BACKGROUND: Provide an overview of potential funding and use of a TIF or a 380 agreement for improvements in downtown. REQUIRED COUNCIL ACTION: Request a motion to place downtown TIF on the January 29, 2008 agenda. Irma Caballero Director of Economic Development PowerPoint ❑ Supptemental Information ❑ Downtown Ideas for Today and Tomorrow Recommending a Strategy Economic Development Department December 2007 Agenda . Review recommendations of the Downtown Redevelopment pment m ittee (DRC) . Discuss partnership with the County . Provide overview of potential funding and use of TIF or 380 agreement for improvements ents in Downtown . Discuss Strategies . Request City Council Support Today's Situation Downtown Redevelopment Committee Recommendations • In 2006, a committee of downtown stakeholders and concerned citizens held twenty-two (22) meetings to evaluate Downtown and develop recommendation to revitalize the area. • A report was presented to the City Council and staff was instructed to provide implementation recommendations. Vision Statement "Downtown Corpus Christi is a safe, clean, pedestrian friendly community comprised of a central business district, arts and culture, sports and entertainment areas. This unique vibrant waterfront community will provide Iocal residents, tourists and families' opportunities to enjoy fine restaurants, shops and residential facilities" Designs and Plans Create a downtown residential community: ▪ Improved pedestrian experience . Provide for better vehicular access . Provide public transit for events . Develop parks and green spaces to improve the attractiveness of the area Infrastructu re Improve: . Utilities . Sidewalks . Streets . Intersections and connectivity between and exiting downtown . Improve Wayfinding signage and continue to support marina improvements Policies and Strategies • Work in collaboration with other public entities and the business community; ▪ Increase residential development; • Create and enforce standards for buildings Business Development Recruit more retail and commercial businesses to Downtown: • Loan pools . Rent buy downs • Downtown Merchants Association • Draw more pedestrian traffic . Encourage artists to open locations in downtown Marketing . Brand downtown by creating a visual identity and design standards . Develop a strategic marketing plan . Establish consistent public events and art experiences Organizational Structure A Downtown Task Force (City Staff) was created and met in 2007 to address the recommendations: . Develop a financing plan . Code enforcement . Infrastructure improvements . New vacant building ordinance Critical Need "Financing Plan" Options include: • City Funding such as operational funds, CIP, Bond Programs (2004 & 2008) . Federal and State Grants . Other Public and Private Partnerships . Tax Increment Financing (TIF) or 380 Agreement County Partnership . Presentation soliciting a partnership with the County for DT redevelopment made 12112107 • Comments made regarding redevelopment of Courthouse, smart growth and the interest or support by the City Council to utilize various City (Bonds, CIP, Operational) funding sources for DT • On 12119/07 the County will vote on the proposed TIF partnership. City County TIF Partnership • County involvement in the TIF will add an additional $9.2 Million dollars for DT redevelopment • Development of the TIF and final action by Council will take 3 to 6 months • Without County involvement Staff will recommend use of a 3$4 agreement for DT redevelopment Downtown TIF Boundary and Project Area Estimated Downtown T1F Revenue 2010 -2028 2,500,000 2,000,000 1 ,500,000 1,000,000 500,000 0 estimated Downtown TIC District 2010 2015 2020 2025 2028 D (Sty u Nueces County ■ CgSD o Del Mar College District 2010 2015 2020 2025 2028 Totals City - 368,269 650,001 790,826 962,161 1,082,300 14,901,063 - Nueva County I 229,143 404,638 i 492,304 598,963 973,752 9,275,601 2,500,000 2,000,000 1 ,500,000 1,000,000 500,000 0 estimated Downtown TIC District 2010 2015 2020 2025 2028 D (Sty u Nueces County ■ CgSD o Del Mar College District TIF Process 1. Prepare Preliminary TIF Financing Plan 2. Approval of Intention to create a TIF zone 3. Further discussion of project 4. Publish Notice of Hearing to Create Tax Increment Zone (7 -day advance) 5. Conduct Public Hearing on Creation of Tax Increment Zone TIF Process (cont.) 6. Adoption of Ordinance Creating zone (two meetings) - Describes boundaries of Zone - Creates board of directors for Zone -Takes effect January 1, 2009 - Provides a termination date for Zone -Name is "Reinvestment Zone Number Three, City of Corpus Christi" ▪ Establishes tax increment fund for Zone - Contains findings required by Section 31'x.004 and 311.05 TIF Process (cont.) 7. Meeting of Zone Board of Directors to: • Approve project plan and financing plan • Approve agreements concerning Collection of Tax Increments 8. Creation of a Local Government Corporation (LGC) to implement agreements. 9. Approval of Project Plan by City by Ordinance (two readings) 10. Approval of Project Agreements by Zone Board, City Council. 11. Determination of First Year's Tax Increment 12. Deposit of Taxes into Tax Increment Fund 1. Issuance of Bonds for Zone Projects 380 Agreement • Simplified process which could be taken for Council action within 30 days. . incorporates features of TIF such as the use of the tax increment • County tax increments would not be available Potential Downtown T1F Projects Street Study Sidewalk Improvements Landscaping Streets ape Lighting %lgnage Utility Improvements Security Street Improvements Fiber Optics Irrigation Marina Improvements Kiosks DT Facts • There are approximately 364 businesses in the Downtown area. • 103 businesses provided information in an informal survey. • Respondents created 1465 jobs • DT Businesses include oil and gas, retail, law firms, CPA firms, entertainment, hotels, and restaurants. L_ Strategy • Presentation to County Commissioners 12/12107 • Presentation to City Council 1211$!07 • Response from County 12119107 • With County parflcipation recommend use of TIF process (3 to 6 months implementation) • Without County involvement staff will recommend use of 380 agreement which can betaken for Council approval on or before 01129!0$ The Future THE METROPOLIS LOFTS Action requested from Council Request Council support for the TIF. Motion to place a Downtown TIF on the agenda on January 29, 2008. Thank you for your attention • Questions? 27 Presentation Packery Channel Development Plan Page 1 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION 1 AGENDA ITEM: City Council Presentation Date: December 18 2007 Presentation on the Packery Channel Development Plan. STAFF PRESENTER(S): Name Title/Position De i artrnent 1. Daniel McGinn Project Manager Development Services 2. Mic Raasch, AICP Senior Planner Development Services BACKGROUND: Packery Channel is a historical natural pass separating Padre and Mustang Barrier Islands. This inlet connecting Corpus Christi Bay and the Gulf of Mexico closed in 1912 after the dredging of the original Corpus Christi Ship Channel. The dredging of Packery Channel has now opened the channel from the Intercoastal waterway and bays to the Gulf, provided additional storm protection to the seawall by restoring the beach, and is enhancing the environmental habitat by serving as a direct migratory path for fish, shrimp, and turtles as well as allowing free water exchange. Packery Channel Project The Packery Channel project begins at the Intercoastal waterway through the existing Packery Channel, (leach east to the Highway 361 bridge and then continuing east into the Gulf of Mexico connecting the existing Packery Channel to the Gulf (Reach 1). Boaters will once again be able to move between the Gulf of Mexico and the Laguna Madre. New recreational and environmental areas will be created and existing ones will be unproved. In 1999, the U.S. Congress began the funding process for the Packery Channel project. The total cost of the project is approximately $30,000,000 (final costs will be determined at project closeout). The project has been undertaken by the US Army Corpus of Engineers with federal funding of approximately 65% of the total cost. The City of Corpus Christi and its local partners, Nueces County and Del Mar College District, are providing funding through a tax increment financing district, which dedicates increases in property tax values in the channel area to the project. The General Land Office of the State of Texas has provided grant funding to assist the project through the Coastal Erosion and Planning Response Act EPA and the Texas Parks and Wildlife Department has provided funding for a major boat launch facility on the north side of the basin as well as a paved entrance road and a paved parking lot. The Corps of Engineers anticipates closing out the project within the next six to nine months. Operational control and responsibility for maintenance has now been transferred to the City. Presentation Packery Channel Development Plan Page The attached proposed Packery Channel Development Plan follows in large measure with proposed development plans that were drawn up jointly by the City and the US Army Corps of Engineers in November/December 2001 and January /February 2002 and were discussed in general and laid out in the environmental impact statement prepared by the US Army Corps of Engineers. Summary: The North Padre Island Storm Damage Reduction and Environmental Restoration Project known as Packery Channel is a Federal project under the auspices of the US Army Corp of Engineers with the City of Corpus Christi as local sponsor. The project running from the intercoastal waterway west into the Gulf of Mexico was constructed on state lands under the jurisdiction of the Texas General Land Office and leased to the City. As one of the conditions of the TGLO lease to the city, the City must present a development plan to the TOLD prior to completion of the project by the US Army Corp of Engineers. While the Corp of Engineers has now turned the project over to the City for operation and maintenance, the Corps is in the process of completing the final few elements of the project (such as flexible mat channel protection repair and installation of aids to navigation). City staff anticipates the Corp's completion of all elements of the project and closing out of the project within 180 days. Therefore, it would be timely for the City to adopt a development plan for the Packery Channel lease area (for all practical purposes, this area runs from the Highway 361 bridge east to the end of the jetties and along the beach both north and south of the jetties). City Staff from a number of City departments have developed the attached development plan. We have also incorporated GLO comments into the attached plan. We will continue to work closely with the GLO as we develop the more detailed infrastructure plans for the project area. This presentation will be followed by formal presentations to the City's Water Shore Advisory Committee and Parks and Recreation Advisory Committee. Since this can be considered a part of the comprehensive public planning process, a formal hearing before the Planning Commission would be advisable with a recommendation from the Planning Commission going to the City Council for final approval. REQUIRED COUNCIL ACTION: None DM/mr Faryce Goode acon Interim Assis : nt Director of Development Services Attachments: 1) Attachment A: Development Plan Text 2) Attachment B: Development Plan Map 3) 11 by 17 Color Map attached to Agenda Packet The Packery Channel Development Plan Development Guidelines Corpus Christi, Texas December 7, 2007 Packer)/ Channel Development Plan, December 7, 2007 Table of Contents Packery Channel Project Introduction Page 3 Packery Channel lease area 4 City of Corpus Christi: Packery Channel Development Plan 5 -8 2 Pa k r C iann l Development Plan, December 7, 7 Introduction Packery Channel is a historical natural pass separating Padre and Mustang Barrier Islands. This inlet connecting Corpus Christi Bay and the Gulf of Mexico closed in 1912 after the dredging of the original Corpus Christi Ship Channel. The dredging of Packery Channel has now opened the channel from the Intercoastal waterway and bays to the Gulf, provided additional storm protection to the seawall by restoring the beach, and is enhancing the environmental habitat by serving as a direct migratory path for fish, shrimp, and turtles as well as allowing free water exchange. Packery Channel Project The Packery Channel project begins at the Intercoastal waterway through the existing Packery Channel, (Reach 2) east to the Highway 361 bridge and then continuing east into the Gulf of Mexico connecting the existing Packery Channel to the Gulf (Reach 1). Boaters will once again be able to move between the Gulf of Mexico and the Laguna Madre. New recreational and environmental areas will be created and existing ones will be improved. In 1999, the U.S. Congress began the funding process for the Packery Channel project. The total cost of the project is approximately $30,000,000 (final costs will be determined at project closeout). The project has been undertaken by the US Army Corpus of Engineers with federal funding of approximately 65% of the total cost The City of Corpus Christi and its local partners, Nueces County and Del Mar College District, are providing funding through a tax increment financing cing district, which dedicates increases in , property tax values in the channel area to the project. The General Land Office of the State of Texas has provided grant funding to assist the project through the Coastal Erosion and Planning Response Act (CEPRA) and the Texas Parks and wildlife Department has provided funding for a major boat launch facility on the north side of the basin as well as a paved entrance road and a paved parking lot. The Corps of Engineers anticipates closing out the project within the next six to nine months. Operational control and responsibility for maintenance has now been transferred to the City. The following description of the proposed Packery Channel Development Plan follows in large measure proposed development plans that were drawn up jointly by the City and the Us Army Corps of Engineers in November December 2001 and January /February 2002 and were discussed in general and laid out in the environmental impact statement prepared by the US Army Corps of Engineers. 3 Packery _Channel Develvment Plana December 7 2007 Packers Channel Development Plan Area (GLO land leased by the City of Corpus Christi is broken down into tracts 1-5) Plan area consists of tracts 2-5. PackersyShannel i r l nt Plan, DecembeL7, 200 Packry C Piil Proposed Development Areas Area 1 Possible Prime Commercial _lease area Prime commercial land at the intersection of State Highway 361 and Zahn Road. Potential lessees include convenient stores, fishing supplies, beach accessories, and restaurants. The design and construction of any improvements will be consistent with the '10" Island Overlay District requirements and to present an even higher quality facility due to the high visibility from State Highway 361 and the bridge over Packery Channel. Area 2: _Utility Corridor The proposed utility corridor will parallel TX DOT's State Highway 361 ROW that contains an existing water line and overhead electrical lines. The utility corridor has an existing o inch casing that was installed during the construction of the Packery ery Channel. The casing was designed to accommodate multiple utility crossings for wastewater, gas, fiber optics, and cable. Area 3: Dune Area Most of area 3 on the north side of the channel is located seaward of the 350 foot Nueces County Dune setback line that restricts the construction of habitable structures. Primary dunes have also been identified on area 3 landward of the 350 foot setback line that would inhibit any type of development. The dune area continues to parallel the public beach to the south of the jetty and will have limited opportuni Pale r Channel _Development Plan, December 7, 2001 Area 5: Public access (restrooms/ bath facilities with A A accessity to the jetties. Public facilities will be provided in area 5 on both the north and south side of the channel to include restrooms and showers. The facilities will have potable water and sewer service. These facilities will be designed to have direct public access from the beach and jetties. Possible other public facilities, including picnic areas and shelters, may be provided in the future. Area : Maintenance ROW for channel and possible future sidew lk (1oo feet) This 100 foot strip will allow for public access and future maintenance of the channel. A possible sidewalk could be constructed parallel to the channel from near the sea gate east to the south jetty. Area 7: Former dredge disposal area la3ssibie future development or lease area) Area 7 is a dredge disposal site where dredge material unsuitable for beach reconstruction use was placed. Due to the silty nature of dredge placed in this area, the site is not an excellent development site. This area could potentially be removed from the current lease with the GLO or sub leased for some type of development in the future. Area844 8B, and SC: Futurecommercial & or develonmejt Area 8 is the largest tract for possible future development with future commercial lease opportunities and possible city facilities. This area is adjacent to sensitive wetland areas and dunes that could impact site layout. Area 9: Boat ramp facility with possible Marina administration building and access road. A major boat ramp facility has been constructed at this location with the assistance of the Texas Parks and Wildlife Department. There is currently a sand and caliche road accessing the site from Zahn Road with a sand and caliche parking lot adjacent to the boat ramp. Funding has been acquired from the Texas Parks and Wildlife Department to pave both the entrance road and the parking lot. The entrance road will also serve as a utility easement for water, sewer, and electricity to serve possible future uses in Areas, 9, 12, and 4. Packery Channel Development Plan, December 7, 2007 Area 10: Public beach/ Vendors Area 10 is approximately two and half 2. miles long with one (1) extending to the north of the Packery Channel and one and half 1.5 miles to the south bordering the County operated Padre Balli Park. This beach is open to the public and allows for pedestrian and vehicular traffic for the entire length. Vendors that provide services for beach oriented activities and food and beverage sales will be allowed in area 10. Area 11: Conservation area Area 11 has been identified as an area to avoid in the Environmental Impact Statement (EIS) for the Packery Channel project. This area contains sensitive wetlands and will not be developed. Observation areas for wildlife viewing are possibilities for the future. Area 12: Commercial development for water activitiell This is a strategic location to serve the adjacent public boat ramp with possible boat docking for outfitting with supplies including fuel, bait and tackle, ice, small grocery and restaurant. The design and construction of any i ,PIirhannl Development Pl ,_Dembr* 2007 Area 15: Seawall with ADA access As part of a state statute enacted in 1987 and in agreement with the seawall owners, the City has provided for the public a pedestrian easement along the sidewalk on top of the seawall and across the seawall down to the beach for the enjoyment of the public. The City has constructed an ADA accessible ramp down the seawall to the beach. Area 16: Public access includin ADA access alon i 'etties The north and south jetties extend out into the Gulf of Mexico approxi ,, 1? tl 4,4 28 CITV COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Neighborhood initiative Program "NIP" progress report for FY2006 2007, the Model Block Program, and the recommended NIP project sites for FY2008. STAFF PRESENTER(S): Name 1. Yvonne Morales Haag Director TItjIPos1tion STAFF PANEL: (Available for questions) Name __ TItIeIPositIofl,. 2. Diana Z. Garza Administrator 3. Jesse Garcia Police Commander 4. Lawrence Mikolajczyk Asst. Director 5. Robert Quiroz Administrator De • artment Neighborhood Services Department Neighborhood Services Police/Directed Patrol Solid Waste & Street Services Neighborhood Services /Code ISSUE: This presentation will provide an update on the continued and enhanced efforts of the Neighborhood Initiative and Model Block Programs. The Neighborhood hborhood Initiative Program "NIP" " completed an additional five (5) intensive service/operational projects throughout the city for the Flo -2OO7, bringing the total number of project sites to twenty (20) plus the Pilot project. Working in partnership with the neighborhood residents, the NIP has made significant strides to achieve the City's goal for Livable Neighborhoods. To sustain the progress made during the NIP service /operational projects, a follow up effort, the Neighborhood Pride Program, has been developed and implemented to encourage, educate, and empower residents to continue efforts for enhanced maintenance, safety, improvements, and beautification in their neighborhoods. The neighborhood bounded by Agnes Street, 5. staples Street, Morgan Avenue and the Crosstown Expressway is beginning to realize the benefits of the first Model Block Program. With the designated city staff from the Neighborhood Initiative Program, code Enforcement, Directed Police Patrol, partnerships from both non - profit and for profit organizations and the strong involvem ent of several resident leaders, the groundwork and initiation of the City's first Model Block Program is currently undenmay and outlined in the presentation and attached documentation. And, in an effort to continue to expand and enhance the NIP program, Three new recommended Neighborhood Initiative Program project sites will be presented for the fiscal year 2008. REQUIRED COUNCIL ACTION: Open for City Council discussion. No action necessary. Morales Haag, Di rhood Services De ent Neighborhood initiative Program "Take the initiative and Take Pride in Your Neighborhood!" The Neighborhood Initiative Program (NIP) Is designed to enhance the quality of rife for Corpus Christi neighborhood residents through the concentrated delivery of services and rams provided by the City of Corpus Christi. Working in partnership with the � p neighborhood residents, the City's goal is to raise awareness of code and zoning ordinances provide information on accessing city servces and promoting clean and safe neighborhoods. VIP F 00 - 00 Pro_. ram Overview: The City of Corpus Christi completed an additional five (5) intensive service /operational Neighborhood hborhood Initiative Program (NIP) projects for the FY2 X2007, bringing the total number of project sites to twenty (20) plus the Pilot Project. Working ing in partnership with the neighborhood residents, the NIP continues to make significant strides to achieve the City's goal for "Livable Neighborhoods." The NIP has generated continued support and participation by the City's neighborhood residents. The program has p roduced valuable results over the last four years with the collection of an estimated 3,500 tons of trash, brush, heavy debris and 1,000 tires; the cleaning of 2,500 storm water inlets; replacement of over 2)200 street signs and poles; the maintenance of over 900 city streets blocks; replacement, or upgrade of approximately 500 street lights; the mowing and clearing of over 1,500 vacant or abandoned r rties; the capture of 300 stray animals; the resolution of 1,070 traffic p pe � � obstruction cases; and the creation of Neighbors on Watch groups and Neighborhood Associations. The FY2006-2007 NIP program was conducted in five designated neighborhoods which p proved to be beneficial to over 3,000 households who were left with a cleaner and safer neighborhood. NIPPr9iectjItes FY2006-2007 site # Date of o • erations Nei hborhood Boundaries 09 -11 to 09-29-07 SPID / Kostoryz Holly Rd Ayers Site 17 10-09 to 10 -27-07 Ayers Baldwin Staples Annapolis i Norton /Fannin Site 18 01-07 to 01-25-07 Ayers Home Kostoryz Gollihar Site 19 02-19 to 03 -1 0-07 McLeod Old Robstown Saxet W. Saxet Site 20 -16 to 05-05-07 Ayers Gollihar SPID / Kostolyz Site 16 ■ 1 City Resources: The city of corpus Christi continues to realize the value of this cooperative initiative through the strategic planning and scheduling of our operational services organization wide. The NIP continues to provide new opportunities for various city departments to work more closely together, encouraging productive communications, and developing collaborative and more efficient service schedules. ErticIpatinQ Departments " CTIO T M ": Development services Engineering Fire Gas Healthlninal control Human Relations Neighborhood Services/ Code Enforcement & Housing Park & Recreation Resident Participation: Police /Directed Patrol Senior Community services solid Waste streets storm Water Water Waste Water The NIP has been well received by the participating neighborhoods. Overall, the resident response has been positive with expressed appreciation for this concentrated and specialized program, and the opportunity to become better informed about city services, and establish personal contacts with city representatives. The NIP requires active resident participation in order for the operations to be remotely successful. Many residents took full advantage of the special debris collection service by clearing out their properties and removing abandoned vehicles, addressing premise code violations, building stronger relationships with the Police Directed Patrol Officers and code Enforcement Officials, and making noticeable improvements for beautification. The improved communications between the residents and the city staff members in these participating neighborhoods has helped to establish a better understanding of city services and code regulations. Neighborhood residents that were once intimidated to speak out with concerns regarding gang activity and code issues are now maintaining confident relationships with the police and code enforcement. Parks that were once empty now have children playing safely on new or restored playground equipment. 2 jghbohood PrideProgranN1P$aft1abi!!!Y_Efforts: "Make it Sparkle with Neighborhood Pride" Resident leadership in each NIP neighborhood continues to emerge and we are anticipating active sustainability programs for approximately ately twelve (12) of the established twenty (20) and the pilot areas. The Neighborhood Pride Program has been developed and implemented to provide support for coordination efforts and resources to encourage, educate, and empower the residents of the NIP neighborhoods to better maintain and continuously improve the quality of life in their neighborhoods. Each Neighborhood hborhood Pride Program is being tailored to address the unique issues, priorities, and goals that the neighborhood residents have defined and established for themselves with the guidance and support of the NIP program. The Neighborhood hborhood Pride Program is designed to be implemented over a 12-48 month time span allowing the various participating neighborhoods to work and progress at their own pace. The sustainability activities and projects have ranged from the installation of speed humps for traffic control and neighborhood clean up projects with litter critter trucks, to the initiation of Neighbors on Watch Programs or Neighborhood Associations. Nejahborhood status: (20 NIP Sites) The Neighborhood Pride Program is currently being implemented with scheduled neighborhood meetings in all 20 established NIP sites, plus the pilot neighborhood of Chula Vista/Cunningham. A recent assessment of the on -going issues and conditions, have identified approximately twelve (12) NIP sites that have the potential for functionin g as an "independent" neighborhood and/or have achieved a level of independence. This assessment of "potential independent" or Independent" indicates the following status: 1. Resident leadership has emerged; 2. Neighborhood issues have been clearly identified and prioritized by the residents; 3. Goals to address and resolve these issues have been developed; 4. Resident leadership has established contacts with city representatives and/or city departments to coordinate issue resolution; 5. There has been progress made to resolve issues; and 6. The establishment of Neighbors on Watch Program or neighborhood associations to continue the improvement efforts. The remaining nine (9) sites are assessed as "challenged" neighborhoods requiring the continued and enhanced assistance by the NIP to achieve the status of "independent." The following factors contribute to the assessment of a "challenged" status: 3 1. Lack of resident leadership; 2. Lack of resident interest and/or effort to participate in neighborhood meetings /gatherings to discuss issues; and 3. continued major neighborhood issues involving serious crime and property code violations. Continued SustainabilityEff9rtsi Through the Neighborhood Pride Program and activities, continued efforts will be made by the City to support the accomplishments and development of the twelve 12 VIP sites that are assessed as "potential independent" or "independent," The ultimate goal for these neighborhoods is to get them to a level of independence that they are empowered with the appropriate information, contacts networks and access to various community resources to continue neighborhood improvement efforts on their own. The other nine (9) "challenged" neighborhoods will require continued and enhanced assistance and guidance this next year in order for these sites to realize progress toward their established goals and begin to reach a level of "independence." Leadership training opportunities will be provided to all NIP sites. concentrated efforts to resolve the prevalent crime and code issues will be a continued priority with special detail on prostitution, gang and drug activities and litter and solid waste violations. Model Block Program: The Model Block Program is a new initiative developed by the City of Corpus Christi as an objective to accomplish a city council priority goal of Neighborhood Revitalization. The Model Block Program is a comprehensive plan to provide opportunities and resources for an improved quality of life in a designated neighborhood/target area 15- 20 city block radius) identified for potential revitalization and development. The Model Block Program is designed to identify and address several major issues within a targeted area including: Neighborhood and economic stability; prevention of further housing and neighborhood deterioration; resource availability; land assembly for renovation and redevelopment Onfill housing); affordable housing development; and special needs housing issues. Ultimately, the goal is to build strong neighborhoods, safe communities, and a sound economy. The targeted area was determined based on a neighborhood needs assessment conducted by a consultant, and is located in a Community Development Block Grant eligible area. Neighborhood residents from the target area assist city Staff to develop a comprehensive neighborhood plan based on the needs assessment, and prepare a budget for the implementation of the improvement projects prioritized by the residents. The Neighborhood bounded by Agnes Street, S. Staples Street, Morgan Avenue and the Crosstown Expressway is beginning to realize the benefits of a Model Block Program in their neighborhood. With the designated city staff from the Neighborhood Initiative Program, Code Enforcement, Directed Police Patrol, partnerships from both non-profit and for profit organizations and the strong involvement of several resident leaders, the groundwork and initiation of the City's first Model Block Program is currently underway. Resident L ea dershi A monthly meeting with Neighborhood Leaders is scheduled for the first Tuesday of every month. Issues addressed have included: 1. Police Issues — drug activity, prostitution and nominal amount of graffiti; 2. Code Enforcement Results from January 25, 2007 Building Standards Board (BSB) hearing — 7 structured demolished; 2 — repairs in progress. Results from May 31, 2007 BSB hearing — 2 structures ordered for repair and 3 structures ordered to be demolished; November 29, 2007 BSB hearing — 2 structures ordered for demolition; a new code enforcement officer was assigned in July 2007 — the officer has focused on issues such as illegal dumping, high weeds, junk vehicles and substandard structures; 3. Engineering — lighting and speed humps are concerns brought to our attention on a regular basis; continued monitoring to address these issues is ongoing. Nei thlorinooi Events: Since the August 2006 "Kick Off' and neighborhood celebrati used for Builders and Non-Profit Agencies to help buy down construction costs, such as tap connections and construction permits, for the qualified buyer where permissible. Partnerships; The start of bimonthly meetings with our MBP partners began in 2007. Our partners consist of lending institutions and non-profit organizations, which are collaborating with us for program assistance, and implementing projects for the Model Block neighborhood. An example of an active partner is The Home Depot. During the month of April 2007, The Home Depot selected six homes in the Model Block neighborhood; five were painted and minor repairs were completed, and landscaping improvements, including the planting of trees were addressed with the sixth property. The Home Depot staff members along with other community volunteers participated in this project. During the fall semester in 2006, Texas A&M University --- corpus Christi' Public Administration Masters studies Program partnered with the city of corpus Christi by supplying two interns to work with the Model Block Program; the City of corpus Christi also hired an intern who selected to work in the Neighborhood services Department during the first three months of the internship. All three interns aided in the initial phase of the Model Block Program. This partnership was extended to the 2007 spring semester with an additional intern from the university who assisted with the coordination and facilitation of neighborhood meetings. SpecialProlects/ Neighborhood Pride activities: Another event which has proven to be extremely beneficial to the neighborhood is the "Landlord Workshop." Property owners were briefed on Model Block Program details, potential for their collaboration and support to make the Model Block a success, and information regarding care of premise issues /code enforcement that the city is undertaking that directly affects their property in this neighborhood. special Projects that are currently underway with the active participation of the resident leaders is the selection of a "Yard of the Month," regularly scheduled clean -ups with the Litter Critter, and beautification activities such as the Home Depot project. As a "Neighborhood Pride Building" activity, the resident leaders are considering adopting a new identity with a "special name" for this area that would better represent the rich and proud heritage and strong potential of this established neighborhood. EuiuIjng 1 Resources: Our current funding includes HOME Funds in the amount of $550,000 awarded at the April 18, 2006 city council Meeting, and 4A Board funds in the amount of $200,000 6 awarded at the November ber , 2006 City Council Meeting. Home Buyers Program, Rehabilitation Programs, New construction, etc. are various city Programs that are also available for families who meet established HUD income guidelines. On August 18, 2007, the City Council approved $1 00,000 in Community Development Block Grant (CDBG) funds from "reprogrammed" dollars. Although we have been granted HOME and 4A funds, CDBG dollars designated for improvements will directly benefit the residential occupants and is essential for the revitalization efforts of the program. A large percentage of the structures in the MBP area are over 50 years old. Neighborhood hborhood leaders are currently considering and prior ti l ng projects eligible for CDBG funding to submit to community Development for approval. City of _ Corpus Christi Departments: The teamwork the Model Block Program is developing with various city departments is crucial. Besides the Neighborhood Services Department's Hot Shot Crew, the solid Waste Department's alliance is essential for clean up efforts, especially scheduled projects. The working relationship with our Directive Patrol officer P is also important. The P's support for our Code officers when necessary, rapport with the citizens, and the basic understanding of the program will also aid our efforts for a successful outcome. We are also currently working with the Engineering Department for our land acquisition process and the Parks and Recreation Department for the possibility of developing small parks and/or green space for the Model Block p l neighborhood. NIP F site selection: The City council has identified neighborhood revitalization as a continued priority goal for the City of corpus Christi with the directive to enhance and expand the NIP and Model Block Programs. As a part of that effort, the selection of three additional NIP sites has been conducted for recommendation to be scheduled for the FY2007-2008. A selection committee made up of expert city representatives from the major participating atin departments will present three recommended neighborhood sites at the December 18, 2007 city Council Meeting. Site# Date of 0. : rations Site 21 02-04 to 03-03-08 Site 22 03-24 to 04-21-08 Site 23 06 -02 to 06-30-08 Nei ' hborhood Boundaries Crosstown Expressway-Brownlee Antelope-1H37 Camzo Agnes Princess Leopard McKinzie Kingsbury Kostoryz / Gollihar / Weber / SPED Selection Committee: one re ' resentative from each De • artment • Assistant City Manager, Community Services • Engineering Services • Police Representatives • Solid Waste Representatives • Street Services Representatives • Code Enforcement Representatives • Development Services Representative • Project Manager, Neighborhood Initiative Program The committee selected three geographical residential sites (approximately 10-block radius or smaller within the City of Corpus Christi that merited enhanced city services. The selection process was comprised of both subjective discussions considering all areas of criteria combined with a rating system that determined (by score /rate) the priority and/or need for attention. selection criteria: Public Safety Crime /Public Safety data or statistics considered above operation service average (family violence, gang activity, drug trafficking, traffic issues, auto theft, etc.) A residential area with documented suspected criminal activity (prostitution, gang activity, drug trafficking, etc.) Code Enforcement Code Zoning Violations data or statistics considered above operation service average (High weeds, vacant lots, vacant substandard buildings, care of premise, junk cars, etc.) A residential area with repeat code zoning violations. Solid Waste /Litter Solid Waste data or statistics considered above operation service average (illegal dumping, improper set out, brush collection issues, bulky /debris collection issues, etc.) Infrastructure A residential area with aging/inadequate infrastructure with data to support the following issues: * Street lighting issues * Street signage issues * Street traffic signage issues * StreetlRoad condition issues * Storm Water Issues * Trafficlwallar obstructions S Conclusion: The NIP has received much public attention through the media and from various neighborhood su ort groups throughout the city for its efforts and accomplishments■ support from the private sector is being offered through sponsorships and donations of incentive gifts, , ho e improvement materials, corporate volunteer teams, and a variety of home in-kind and product support that have provided added value to the NIP activities. The NIP P FY2oo -2 is scheduled to begin February 4, 2008. The NIP will continue to s strive to fulfill its to improve the living conditions of our community by furthering � the efforts aimed at neighborhood revitalization while focusing on customer oriented services and resident cooperation. Neighborhood Initiative Program Taking the Initiative and Taking Pride in Our Neighborhoods NIP FY2006 -2007 1 Neighborhood Initiative Program "NIP" • Quality of Life - Designed to enhance the quality of life through the delivery of concentrated services and programs provided by the City of Corpus Christi. NIP FY2006 -2007 2 1 INeighborhood Iniriarive Program • Neighborhoo d Partnership Working in partnership with the neighborhood residents, the City's Goal is to raise awareness of code and zoning ordinances, provide information on accessing City services, and promote clean and safe neighborhoods. NIP FY2006 -2007 3 Presentation Overview • FYO6-07 - Program Overview (NIP 1 -20) • Review of Sustainability Efforts through the "Pride Program" • Model Block Program • Presentation of the 3 New NIP Sites for FY 07 -08 (NIP 21 -23) NIP FY2006 -2007 4 2 NIP Neighborhoods #1 -20 FY2003 — 2007 NIP FY2006 -211107 5 Action Plan • Pre - Assessment • Identify departmental issues in proposed neighborhood • Neighborhood Meeting • Hold meeting within project area • Identify resident issues and concerns • Introduce key contacts and City Staff • Develop customized Action Plan • Established Neighborhood Outreach Center r l5� NIP FY2006 -2007 6 3 Action Plan -Clean Up • Concentrated 3 to 4 Week Clean -Up NIP FY200 -2007 7 City Resources • City departments continue to realize the value of this cooperative initiative by encouraging productive communications, and developing efficient service schedules. NIP FY 0 2007 8 4 1 NIP ACTION TEAM • Development Services • Engineering • Fire • Gas • Health /Animal Care • Human Relations (ADA) • Neighborhood Services/ Code Enforcement • Police • Parks and Recreation • solid Waste • Street • Storm Water NIP FY 06 -2007 9 Action Plan — Progress • Post Assessment and Evaluation • Progress Report Celebration Meeting • Resident feedback • Establish City contacts • Empower residents with the knowledge and resources for continued improvements NIP FY2006 -2007 10 5 PROGRESS REPORT Police 1 Directed Patrol Arrests blade • Traffic Citations Issued . Non - Emergency investigations • Gang Related Issues Addressed • Neighbors on Watch Programs Encouraged Auto Theft Task Force NIP FY2006 -2007 11 PROGRESS RF4PORT Neighborhood Services /Code Enforcement O Lots Mowed and Cleared O Substandard Building Cases O Abandoned/Junk Car Cases O Neighborhood Clean Up Activities O Paint with Pride Projects NIP FY2006 -2007 12 6 PROGRESS REPORT Solid Waste & Neighborhood Services Hot Shot Crew Collections: Trash /Debris /Brush/ Tires /Concrete NIP FY2006 -2007 13 PROGRESS REPORT Streets Services u Potholes ✓ Level Up u Base Failures ❑ Seal Coats ❑ Residential Streets Serviced NIP FY2006-2007 14 7 PROGRESS REPORT Engirieering Services Traffic Vision Obstructions Resolved Street Lights Replaced /Enhanced Traffic Signs Replaced Traffic Studies for Speed Humps NIP FY2006 -2097 15 PROGRESS REPORT Health /Animal Care O Animal Sweeps O Animals Impounded O Citations Issued o Animal Clinics NIP FY2006 -2007 16 8 PROGRESS REPORT Fire Department O Fire Safety Demonstrations O Fire Hydrants Serviced NIP FY2006-2007 17 • Commemorative orative Tree Plantings • Park Improvements 9 PROGRESS REPORT Storm Water 0 Inlets Inspections 1 Cleaned 0 Debris Removed from Inlets NIP FY2006 -2001 19 1 Neighborhood Pride Program Sustainability Efforts for the NIP Make It Sparkle with "Neighborhood Pride" NIP FY2006 -2001 20 10 Neighborhood Pride Program • The Purpose: "Residents Taking the Lead and Taking Pride in their Neighborhoods" To coordinate efforts and provide information and access to city and community resources to encourage, educate and empower the residents of the neighborhoods to better maintain and continuously improve the quality of life in their neighborhoods. N11P FY2006 -2007 21 Neighborhood Pride Program Pride Program Overview Pride Team City Department Representatives &Community Agencies Stages of Development • 1. Coming Together & Providing Information 2. Setting Goals/Priorities 3. Developing Strategies (Resources/Contacts/Action Plan) 4. Implementation entati n EffortslA tivities • Potential Incentives NIP FY2006 -2007 22 11 Neighborhood Pride Program �`.vY p[ GPrPUi �h�i #l�. TrrlS kiig6�4'fiQBC !l.�7�iliw• PrS�r #r� INDEX MAP Nueces 6 #y • Neighborhood Status (NIP 1 -20 + Pilot) LZO ND rap LOCATIONS IncloperAnt Indspendent Chasccing CORPUS CHRISTI BAY NIP FY00G -2007 Neighborhood Pride Program • A recent assessment of the on -going issues and conditions, have identified (42) NIP sites as "potential independent" or "independent": ❑ Resident Leadership emerged; O Issues have been identified and prioritized by residents; ❑ Goals to address and resolve issues have been developed; u Established contact with City representatives; O Progress made to resolve issues; and O Establishment of Neighbors on Watch or Neighborhood Association to continue the improvement efforts. NIP FY2006 -2007 24 12 Neighborhood Pride Program ■ {9} NIP sites are assessed as "Challenged" neighborhoods: a Lack of resident leadership; o Lack of resident interest or effort to participate in neighborhood meetings to discuss issues; and u Continued major neighborhood issues — serious crime and property code violations NIP FY2006 -2007 25 Neighborhood Pride Program • Continued efforts will be made to support the accomplishments and development of the (72) "potential independent" and "independent" neighborhoods • Continued and enhanced assistance and guidance for the (9) "challenged" neighborhoods • Leadership training for all NIP sites ■ Concentrated efforts to resolve prevalent crime & code issues NIP FY2006 -2007 26 13 Model. Block Program • A comprehensive plan to provide opportunities and resources for an improved quality of life in a designated neighborhood /target area ■ Designed to identify and address major issues within a targeted area including: a economic stability; O prevention of housing and neighborhood deterioration; • resource availability; O land assembly for redevelopment infill housing); O affordable housing development; and O special needs housing issues. NIP FY 006 -2007 27 Model Block Program City of Corpus Christi, Texas Model Block Program Aron ���i1555i11i1,4' 1 NIP FY2006 -2007 28 14 1 Model Block Program • Resident Leadership • Neighborhood Events • Land Acquisition 1 InfilI Housing • Partnerships • Special Projects /Pride Activities • Funding 1 Resources NIP FY21)02007 29 Site Selection FY2007 -2008 3 Recommended Neighborhood Sites • N I P 21- Crosstown — Brownlee Antelope —1H 3 Carrizo Agnes (Feb. 4 — March 3, 2008) • NIP 22- Princess /Leopard /McKenzie /Kingsbury (March 24 —April 21, 2008) • NIP 23- Kostoryz 1 Gollihar 1 Weber 1 SPID (June 2 —June 30, 2008) NIP FY2006-2007 30 15 Site Selection Process Selection Committee: • Assistant City Manager, Community Services • NIP Project Manager • Code & Zoning Administrator, Neighborhood Services • Director of Engineering Services • Director of Development Services • Chief of Police & Captain, Directed Patrol • Director of Solid Waste & Street Services NIP FY2006 -2007 31 Site Selection Process Establish Selection Criteria: • High Incidence of Crime & Resident Calls • History of Code Enforcement Infractions • Solid Waste /Debris Issues • Aging Infrastructure (Streets /Lighting /Signage) NIP FY2006 -2007 32 16 NIP Site 21 FYO7-08 Crosstown — Brownlee /Antelope — IH 37 / Carrizo /Agnes ,1j r. L.._._ Ei 1+rvaM rr wear L"- 11 raio V IUD 111111E 811141 FAIR ._ A Lubh 111111 111111. r'1 1111 �I1111 ■ 1 wrrar�um w 1 1 1 I 1I[111 111111 111 i r Mi 1 WTI Ennin i 1111 .ifi IIH a 1111= ".1 • iIuI ° 1111 it 1vt1 WO tit UT20.-----1 �= 111 FF.. ION 1i = =' raw- .4140" tans .1111iiip t1 , min Neighborhood Initiative Program NIP 21 X111 Rig art in I 15 111 .1t1 NIP FY2006 -2007 33 NIP Site 22 FYO7-08 1 Princess / Leopard /McKenzie /Kingsbury Neighborhood Initiative Program -- 'IP 22 NIP FY20O6 -2007 34 17 L NIP Site 23 FY07-08 Kostoryz Gollihar 1 Weber 1 SPID NIP Sites 1 — 23 + Pilot NIP FY2006-2007 ■■• 35 18 Community Partners Special Thanks to... • Resident Leaders • The Volunteers Groups • Corporate Sponsors • Community Agencies • Participating City Departments • City Management and • City Council Members For your support and contributions to the continued success of the NIP NIP FY2006-2007 37 19