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HomeMy WebLinkAboutAgenda Packet City Council - 08/25/2009=Mir IMO► itri".•"%rie • : : 11:45 A.M. - Proclamation declaring Saturday, September 12, 2009 as "Keeping Every Youth in School Day" Presentation of Goodwill Ambassador Certificate to Pepe Serna, Cancer Survivor Swearing-in Ceremony of newly appointed Municipal Court Judges 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 ST. CORPUS CHRISTI, TEXAS 78401 AUGUST 25, 2009 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. 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 Usted desea dirigirse al Concllio y cree que su ingles es limitedo, habra un interprete ingles- espanol en todas 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 Joe Adame to calf the meeting to order. B. Invocation to be given by Pastor Pamela D. Dykehouse, St. Luke's United Methodist 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 Joe Adame Mayor Pro Tem John Marez Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney City Attorney Mary Kay Fischer Larry Elizondo, Sr. City Secretary Armando Chapa Kevin Kieschnick Priscilla Leal Nelda Martinez Mark Scott Agenda Regular Council Meeting August 25, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of August 18, 2009. (Attachment # 1) F. 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. G. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL Agenda Regular Council Meeting August 25, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY 1S NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. H. BOARDS & COMMITTEE APPOINTMENTS: (NONE) I. 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. J. 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.) 2. Motion approving a service agreement with Tex - American Recycling, of Forth Worth, Texas for used tire disposal service in accordance with Bid Invitation No. BI- 0183 -09 based on low bid for an estimated annual expenditure of $83,160. The term of the service agreement will be for 12 months with an option to extend for up to two additional 12 -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Solid Waste and Maintenance Services departments for FY 2009 -2010. (Attachment # 2) Agenda Regular Council Meeting August 25, 2009 Page 4 3. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Ordinance appropriating an amount of $63,123 from the Maintenance Services Fund Balance No. 5110 for the purchase of one (1) Trail King Low Boy Trailer; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures by $63,123. (Attachment # 3) b. Motion approving the purchase of one (1) Trail King Low Boy Trailer from Rush Equipment Center, of Houston, Texas in the amount of $63,123. The award is based on the Cooperative Purchasing Agreement with the Houston - Galveston Area Council of Governments (H -GAC). This unit is a replacement to the Fleet and will be used by the Street Department. Funds are available in the Fleet Maintenance Fund. (Attachment # 3) 4. Motion authorizing the City Manager or his designee to execute Change Order No. 13 to the construction contract with SLC Construction, LP, of Aransas Pass, Texas in the amount of $882,326.62 for a total restated fee of $8,660,546.85 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive to reroute the 24" force main diversion line and for drainage improvements to Schanen Ditch. (BOND ISSUE 2004) (Attachment # 4) 5. Motion authorizing the City Manager, or his designee, to execute a construction contract with Javeler Construction Company of New Iberia, Louisiana in the amount of $399,540 for the Packery Channel Boat Ramp Maintenance Dredging for the Total Base Bid and Additive Alternate No. 1. (Attachment # 5) 6. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Govind Nadkarni, P.E., d.b.a. Govind Development, LLC, of Corpus Christi, Texas, in the amount of $247,500 for a total restated fee of $296,250 for Bond 2008 Design Coordination and Project Management Services. The term of the contract will be for 12 months with an option to extend for up to two additional 12 -month periods. (BOND ISSUE 2008) (Attachment # 6) Agenda Regular Council Meeting August 25, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Motion authorizing the City Manager or his designee to execute a construction contract with Leoncitos, Inc. of Corpus Christi, Texas in the amount of $997,573,62 for the Broadmoor Senior Center Improvements 2008 for the Total Base Bid, Additive Alternate Bid No. 1, and Additive Alternate Bid No. 2. (BOND ISSUE 2008) (Attachment # 7) 8. a. Resolution authorizing City Manager or designee to execute an Interlocal Cooperation Agreement with West Oso Independent School District regarding implementation of a Latchkey Program. (Attachment # 8) b. Ordinance appropriating $110,000 in the General Fund No. 1020 from revenue received from Latchkey program in the West Oso Independent School District; changing FY 2009 -2010 Operating Budget adopted by Ordinance 028252 to increase estimated revenues and appropriations by $110,000 each. (Attachment # 8) 9. Second Reading Ordinance - Revising Section 12 -7, Code of Ordinances, City of Corpus Christi, to allow swimming in the Corpus Christi Marina during special events approved by the Marina Superintendent; providing for penalties; and providing for publication. (First Reading — 08/18/09) (Attachment # 9) 10. Second Reading Ordinance - Revising Section 16-4, Code of Ordinances, City-of Corpus Christi, to authorize the presiding officer to waive or reduce the Technical Construction Codes Fees after a declaration of a local state of disaster; providing for publication. (First Reading — 08/18/09) (Attachment # 10) 11. Second Reading Ordinance - Abandoning and vacating a 26,971 - square foot portion of undeveloped and unsurfaced, dedicated public right -of -way (Nile Drive), located west of Ennis Joslin Road public right -of -way; subject to compliance with the specified conditions. (First Reading — 08/18/09) (Attachment #11) Agenda Regular Council Meeting August 25, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. PUBLIC HEARINGS: AD VALOREM TAX RATE: 12. Second Public Hearing on proposed ad valorem tax rate increase. (Attachment # 12) PLATTING ORDINANCE AMENDMENT 13. Public Hearing to consider and Ordinance exempting Ainsworth Industrial Park, a subdivision located north of County Road 48 and west of U. S. Highway 77, approximately one -half mile outside of the City limits, from payment of wastewater lot or acreage fees pursuant to Section V.B.6.I) of the Platting Ordinance; requiring owner /developer to comply with the specified conditions. (Attachment # 13) 14. ANNEXATION: a. Public Hearing to consider and a Resolution granting the petition of the Port of Corpus Christi Authority for annexation of approximately five tracts, totaling approximately 6.635 acres, of submerged land, owned by the Port of Corpus Christi Authority, abutting the southern shoreline of Nueces Bay into the City of Corpus Christi, Texas. (Attachment # 14) b. Ordinance annexing approximately five tracts, with approximately 6.635 acres, of submerged land owned by the Port of Corpus Christi Authority adjacent to the City limits along the southern shoreline of Nueces Bay that He between the current City limit line and the Nueces Bay shoreline; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the Official Maps of the City of Corpus Christi; providing an effective date; providing for publication. (Attachment # 14) Agenda Regular Council Meeting August 25, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) c. Ordinance disannexing approximately four tracts, with approximately 187.76 acres, of uplands owned by the Port of Corpus Christi Authority adjacent to the City limits along the southern shoreline of Nueces Bay that lie between the current City limit line and the Nueces Bay shoreline; providing for amendment of the Official Maps of the City of Corpus Christi; providing an effective date. (Attachment # 14) d. Ordinance disannexing approximately 37.37 acres of submerged lands owned by Nueces Bay WLE, LP, and Centex Cement Corporation north of the southern shoreline of Nueces Bay; providing for amendment of the Official Maps of the City of Corpus Christi; providing an effective date. (Attachment # 14) L. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 15. a. Second Reading Ordinance - Amending the Code of Ordinances, Chapter 2 "Administration," to establish the Advisory Committee on Community Pride; providing for publication. (First Reading — 08/18/09) (Attachment # 15) b. Consideration and appointment of members to the Advisory Committee on Community Pride. (Attachment # 15) 16. Consideration of a motion directing staff to continue working towards implementation of a Storm Water Utility Rate no earlier than January 2010. (Attachment # 16) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 17. Crime Control and Prevention District Quarterly Report (Attachment # 17) 18. Update of Regional Health Awareness Board (Attachment # 18) 19. Corpus Christi Regional Transportation Authority (RTA) Annual Report (Attachment # 19) Agenda Regular Council Meeting August 25, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) N. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ('-I %0 p.m., on August 20, 2009. Armando Chapa City Secretary NOTE: The-City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2009 -2011 itt WATER Chu n1 ennuis Ch[ISII 4 Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy 1 PRESENT Mayor Joe Adame Mayor Pro Tem John Marez Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal Nelda Martinez Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 18, 2009 -12:00 p.m. City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Eutimio "Tim" Gonzales, Jr. with Kelsey Memorial United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Chris Adler. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of July 28, 2009. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adarne called for petitions from the audience. Gerald Sensing, 5426 Chevy Chase, requested that the Council consider listening to a presentation by local physicians regarding the Las Brisas plant. Brandi Williams, 2518 Scabbard, thanked the Council for restoring the Sister City budget. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas plant. Jack Gordy, 4118 Bray Drive, spoke regarding the makeup of the Cable Commission and removal of a member. Rene Saenz spoke regarding the Human Relations Commission Scholarship program. Assistant City Manager Margie Rose informed the Council that an update on the program would be provided in the City Manager's packet. John Gonsalves, 1514 Oak Harbor Drive, spoke regarding the use of gray water in lieu of potable water for testing the water pressure and fire hydrants. Council Member Mark Scott asked staff to distribute to the Council a copy of the two water projects including the use of effluent water in city parks and the improvements at the O.N. Stevens Water Treatment Plant. Buddy Murphrey, 6306 Wimbledon, spoke regarding a complaint filed against police officer Ron Zirbes and reinstating Bryan Smith as Police Chief. Carole Murphrey, 6306 Wimbledon, spoke in support of Bryan Smith as Police Chief and asked the City to reopen the internal affairs investigation on Bryan Smith. Council Member Leal requested that staff provide a copy of the City's policy on recording to Ms. Murphrey. Carolyn Moon, 4902 Calvin, spoke in opposition to the City receiving a loan from the State of Texas to build a pipeline. Trian Serbu, 14310 Playa del Rey, asked the Council to consider a project that would keep the Bayfront open. Mr. Serbu stated that it would be a disservice to the future of the City to build on the Bayfront. Council Member Leal directed staff to provide Mr. Serbu with a copy of the Bayfront Master Plan. Cheryl Martinez, 5403 Everhart, spoke regarding the budget cuts to Animal Control and the good job being performed by the Animal Control department. Maria Gonzales, 1813 Amazon, requested that that the financial policies be —1— Minutes — Regular Council Meeting August 18, 2009 — Page 2 amended to provide raises for employees living below poverty level. Peggy Duran, 4022 Congressional, asked the Council to reconsider the Las Brisas plant. Ann E. Smith, 1005 Meadowbrook, stated that it was not a clean economy decision to bring Las Brisas to the area. Kostas Livaditis, 3735 Alameda, suggested bringing NASCAR racing to the City to bring in new revenue. Cliff Harris, 1017 Antelope, spoke regarding the assistance of the police department to resolve the homeless issue on the Leopard Street Corridor and former police Chief Bryan Smith. Gilbert Cortinas, 1826 Leopard, spoke in support of police officer Ron Zirbes and his work in the community. Rudy Medina, 5413 Cain Drive, spoke regarding code enforcement violations on a property located on Holly Road. Council Member Chesney announced that he would abstain from any discussion or action regarding this property. Abel Alonzo, 1701 Thames, asked the public to keep an open mind and trust that the Council will do what is in the best interest of the community. Doug Hoffman, 5402 Hoffman, spoke regarding the group "In the Interest of Justice" and encouraged the Council to take the time to research important issues. Wayne Hodge, 3626 Redwood, spoke on behalf of police officer Ron Zirbes and in support of the Las Brisas plant. Carrie Robertson, 4401 Gulf Breeze Boulevard, spoke regarding the improvements on North Beach and expressed concern regarding the effect of the Las Brisas plant on tourism and the water supply. J.E. O'Brien, 4130 Pompano, spoke regarding accountability of the elected officials and city staff. * * * * * * * * * * * ** MayorAdame opened discussion on item 30 regarding an appeal by Ronald A. Voss, Sr., of the Building Standards Board's decision to require demolition of the west wing of the structure located at Lot 2, Copps Addition, commonly known as 1502 Tarlton Street. Assistant City Manager Margie Rose explained that on March 26, 2009, the Building Standards Board found the building or structure to be substandard and ordered the owner to demolish the west wing of the subject property with the exception to the concrete slab; obtain any and all permits within 30 days; provide complete security from the slab and/or walls existing between the east and west wing; remove debris within 30 days from date of notice; and if demolition and security is not started and completed as required, then the City is authorized to demolish. Ms. Rose added that staff has met with Mr. Voss and his attorney regarding the violations on the property and have come up with a resolution to those issues. Arnold Gonzales, Jr., representative for Ronald Voss, requested that Council approve the compromise agreement between the City and Mr. Voss. Mr. Gonzales stated that the owner is going to comply with the issues addressed in the agreement. Mr. Scott made a motion to sustain, in part, the appeal filed by Ronald A. Voss, Sr., of the order issued by the Building Standards Board on March 26, 2009, in effect the Council is upholding the demolition action that has been ordered, however it is modifying the Board's order to recognize the agreement of the parties, and the deadlines set out therein, and incorporate the terms of the agreement into the Board's order. The motion was seconded by Mr. Kieschnick. In response to Council Member Chesney, Assistant City Manager Elizabeth Hundley stated that Mr. Voss has assured the City that he is going to be compliant with the order and in the event that any other issues arise, the City will provide proper notice to the owner. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting August 18, 2009 -- Page 3 30. MOTION NO. 2009 -235 Motion to sustain, in part, the appeal filed by Ronald A. Voss, Sr., of the order issued by the Building Standards Board on March 26, 2009, in effect the Council is upholding the demolition action that has been ordered, however it is modifying the Board's order to recognize the agreement of the parties, and the deadlines set out therein, and incorporate the terms of the agreement into the Board's order. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * ** Mayor Adame announced the executive session, which was listed on the agenda as follows: 2. Executive session pursuant to the Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges including the appointment of a Presiding Municipal Court Judge with possible related discussion and action in open session. The Council returned from executive session. * * * * * * * * * * * ** Mayor Adame referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following annexation: 20.a. Public Hearing to consider granting the Petition of the Veterans' Land Board of the State of Texas for annexation of 54.837 acres of land, located at the intersection of Carbon Plant Road and the eastern Interstate Highway 37 service road, into the City of Corpus Christi, Texas. Senior City Planner Bob Payne stated that this item is a request for annexation by petition of the property owner, The Texas Veterans Land Board of the State of Texas. Mr. Payne referred to a powerpoint presentation including area location map; a background; the aerial photograph and the oblique aerial photograph; the existing land use map; and staffs recommendation. Mayor Adame called for comments from the audience. Jack Slaton, Director of the Texas State Veterans Cemetery Program, stated that the purpose of the annexation was to protect the dignity of the veterans' cemetery site. Ms. Martinez made a motion to close the public hearing, seconded by Ms. Leal, and passed, Mr. Chapa polled the Council for their votes as follows: 20.a. RESOLUTION NO. 028267 Resolution granting the Petition of the Veterans' Land Board of the State of Texas for annexation of 54.837 acres of land, located at the intersection of Carbon Plant Road and the eastern Interstate Highway 37 service road, into the City of Corpus Christi, Texas. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting August 18, 2009 — Page 4 20.b. ORDINANCE NO. 028268 Ordinance annexing 54.837 acres of land owned by the Veterans' Land Board of the State of Texas, located at the intersection of Carbon Plant Road and the eastern Interstate Highway 37 service road, providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the official maps of the City of Corpus Christi; providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. C0609 -02, City of Corpus Christi: Zoning newly annexed land to a "F -R" Farm Rural District resulting in a change of land use from vacant to agricultural land use on property described as 54.837 acres of land, more or less out of the following tracts: 1) A 2.158 acre tract recorded In Document No. 2004035681, Official Public Records of Nueces County, Texas; 2) A 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas; 3) A 54.91 acre Tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas; and 4) A 40 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A -850. City Secretary Chapa stated that the Planning Commission and staff recommended approval to zone newly annexed land to a "F -R" Farm Rural Zoning District. Senior City Planner Bob Payne referred to a powerpoint presentation including the area location map; the subject case area; the 2007 aerial photograph; "F -R" Farm -Rural uses; photos of the subject property; the existing land use map; the future land use map; and staff's recommendation. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 028269 Ordinance amending the Zoning Map of the City of Corpus Christi in reference to newly annexed property owned by the Veterans' Land Board of the State of Texas, located at the intersection of Carbon Plant Road and the Interstate Highway 37 East Service Road, as a "F -R" Farm -Rural District; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances, providing for penalties; providing for publication. Minutes — Regular Council Meeting August 18, 2009 — Page 5 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * * * Mayor Adame opened discussion on Item 26 regarding the Code of Ethics. Jim Cramer, Chairman of the Ethics Commission, introduced the presentation team including Vice Chair Linda Figueroa; Robert Corrigan; Joe Guzman; Harlan Heitkamp; and Rick Marcantonio. Mr. Cramer stated that the Ethics Commission was not influenced by this City Council or any previous Council. Mr. Cramer reported that the Commission reviewed and considered ordinances from six (6) cities. Mr. Cramer added that the Commission believes that the City Council should have the right to do business with the City but should not benefit financially or take advantage of their office and when voting, make every effort be taken to avoid a real or potential conflict of interest. Mr. Cramer provided an overview of the changes to the ordinance including the preamble; gifts; conflict of interest; provisions for council members and employees; the definition of economic benefit and substantial interest; adding provision in the duties of the Ethics Commission; revising the content of reports; and disclosure of interest by contractors. The following topics pertaining to the item were discussed: how the changes to the definition of conflict of interest are different from the provisions the Council is currently doing; council members not being held responsible if they have no knowledge of their business having a contract with the City; the provision that requires a council member to disclose, prior to voting on the matter before the City Council, if there may be an economic interest in the matter to a party of entity that had contributed $1,000 or greater to his /her campaign in the preceding 24 months; re- disclosing information previously provided in campaign finance reports; whether the ordinance addresses the length of time a council member can go to work with an entity that does business with the City; nepotism; previous language in the ordinance prior to the amendment on May 12th that as a council member, you shall not have a substantial interest in any contract with the city; and including language to Section 2- 342(i) that states that a list of all contracts between the City and any business or entity in which the council member has substantial interest, including the date, term, type of good or services provided and the amount of the contract. Mr. Elizondo made a motion to amend the ordinance to delete Section 2- 311(15) regarding the disclosure of $1,000 donations. The motion was seconded by Mr. Kieschnick. Ms. Martinez made an amendment to the motion to replace the following language as Section 2- 311(15), "as a council member, you shall not have a substantial interest in any contract with the city ". Mr. Elizondo declined the amendment. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Ms. Martinez made a motion to include the following language to Section 2 -342, "a list of all contracts between the City of Corpus Christi and any business or other entity in which the council member has substantial interest, including the date, term, type of good or services provided and the amount of the contract. A brief discussion ensued regarding the intent of the language. City Attorney Fischer clarified that the intent was to disclose any type of contract where the council member might benefit as a result of contracting with the City. Ms. Martinez withdrew her motion. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting August 18, 2009 -- Page 6 26. ORDINANCE NO. 028271 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Article V, Code of Ethics, regarding conflicts of interest, gifts, financial disclosure reports, ethics commission duties, and disclosure of interests; providing for publication; and providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". MayorAdame opened discussion on Item 29 regarding the Firefighters' Retirement System. Interim Director of Financial Services Constance Sanchez explained that this issue arose in July 2007 when the plan document for the Fire Fighters Retirement System was amended in reference to calculating the service retirement benefits. Ms. Sanchez added that in the course of figuring out the new calculation, it was determined that the firefighters uniform allowance was not included in the base upon which the City and the firefighter contributions are being computed and it was also discovered that drag up pay was being included that shouldn't have. Ms. Sanchez reported that this item is approving the recommendation to correct this issue. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 29.a. ORDINANCE NO. 028273 Ordinance appropriating $112,844.68 of the Unreserved Fund Balance in the General Fund No. 1020 for payment to the Corpus Christi Firefighters' Retirement System for past uniform allowance contributions; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures by $112,844.68. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. 29.b. MOTION NO. 2009 -234 Motion authorizing payment to the Corpus Christi Firefighters' Retirement System in the amount of $112,844.68 for past uniform allowance contributions - contingent upon a written resolution from the Board of Trustees for the Corpus Christi Fire Fighters' Retirement System that the Board will take all reasonable efforts to secure approval from the active firefighters for their contributions. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. * * * * * * * * * * ** MayorAdame called for consideration of the consent agenda (Items 4 - 19). There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting August 18, 2009 — Page 7 4. MOTION NO. 2009 -222 Motion authorizing the purchase of specialized equipment for Nueces County for a total amount of $110,500 under the Community Preparedness SectionfBioterrorism Discretionary Fund Projects Phase I! Grant awarded to the Corpus Christi - Nueces County Public Health District and available in the Health Grant Fund 9100. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5. MOTION NO. 2009 -223 Motion approving a supply agreement with Ergon Asphalt & Emulsions, inc., of Austin, Texas for emulsified polymerized asphalt (HFRS -2) in accordance with Bid Invitation No. BI- 0123- 09 based on only bid for an estimated semi - annual expenditure of $289,450. The term of the agreement shall be for six months with options to extend for up to five additional six -month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Street Department for FY 2009 -2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". MOTION NO. 2009 -224 Motion approving a supply agreement with IDEXX Distribution Inc., of Westbrook, Maine for the laboratory testing reagent "Colilert" in accordance with Bid invitation No. BI- 0172 -09 based on sole source for an estimated annual expenditure of $52,577.50. The term of the supply agreement shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Health and Water Departments for FY 2009- 2010, The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 7.a. MOTION NO. 2009 -225 Motion authorizing the City Manager or his designee to accept a grant in the amount of $1 ,132,124 from the U.S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2009 Recovery Act Edward Byrne Justice Assistance Grant, funds to be distributed to Nueces County, City of Robstown, and City of Port Aransas under the established Interlocal Agreements, and to execute all related documents. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 7.b. ORDINANCE NO. 028262 Ordinance appropriating $1,132,124 from the U.S. Department of Justice, Bureau of Justice Assistance in the No. 1061 Police Grant Fund to be distributed to City of Corpus Christi, Nueces County, City of Robstown, and City of Port Aransas for the purchase of law enforcement equipment. -7- Minutes — Regular Council Meeting August 18, 2009 — Page 8 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8. RESOLUTION NO. 028263 Resolution authorizing the City Manager, or his designee, to execute a second amendment to the Interlocal Agreement on the Integrated Alert Notifications and Information System between the City of Corpus Christi, Nueces County and Kleberg County. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9. ORDINANCE NO. 028264 Ordinance authorizing sale of sixty -seven (67) properties shown on the attached and incorporated Exhibit A at a tax resale auction with opening bids of 30% of the most recent tax appraisal value as described on the attached Exhibit A. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney abstained. 10. MOTION NO. 2009 -226 Motion authorizing the City Manager or his designee to execute an annual joint funding agreement with the United States Geological Society (USGS), U.S. Department of the Interior, to gather and maintain accurate records of all inflows and releases in the reservoir system as per Texas Water Rights Permit No. 3358 and for the continuation of surface water quality data collection by the USGS. The City will contribute an amount of $320,455 out of a total project cost of $379,230 during the federal fiscal year October 1, 2009 through September 30, 2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 11. MOTION NO.2009 -227 Motion authorizing the City Manager, or his designee, to execute a construction contract for the Base Bid, and Additive Alternate 1 with Haeber Roofing Company, of Corpus Christi, Texas in an amount not to exceed $170,985.00 for the Corpus Christi International Airport for the Terminal Re- Roofing Project, Old Wing - 2008. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 12. MOTION NO. 2009 -228 Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the Contract for Professional Services with HDR Engineering Inc., of Corpus Christi, Texas, in the amount of $269,131.94 for a revised fee not to exceed $961,863.18 for Greenwood Drive, Phase 1 from Gollihar to SPID for additional construction administration and construction observation services. (BOND ISSUE 2004) -8- Minutes — Regular Council Meeting August 18, 2009 — Page 9 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 13. MOTION NO. 2009 -229 Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of $195,060, fora total restated fee of $8,241,388,91, for North Port Avenue from IH 37 to US 181 for the box culvert crossing under North Port Avenue. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14. MOTION NO. 2009 -230 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $82,500 for a total restated fee of $1,339,000 for design of the revised offsite drainage improvements for Flour Bluff Drive, Phase 1 from South Padre Island Drive to Graham Road. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 15. ORDINANCE NO. 028265 Ordinance authorizing the City Manager or his designee to execute a three (3) year Temporary Parking Lease Agreement of 1.10 acres of vacant land from St. John Baptist Church at the rate of $350 per use plus $70 for mowing, if needed, for use as accessory parking needed for the periodic auctions of the New Vehicle Impound Lot located at Greenwood Drive. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 16.a. MOTION NO. 2009 -231 Motion authorizing the City Manager or his designee to execute a Participation Agreement with Grace United Methodist Church, Developer of Nueces River irrigation Park, Block 2, Lot 2A, located south of Northwest Boulevard (FM 624) and east of River Hills Drive, for the extension of River Hills Drive. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 16.b. ORDINANCE NO. 028266 Ordinance appropriating $150,488.43 from the Bond 2008, Streets Developer Participation Funds to reimburse Grace United Methodist Church for the City's portion of the cost for the extension of River Hills Drive, as specified in the Participation Agreement. Minutes — Regular Council Meeting August 18, 2009 — Page 10 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 17. FIRST READING ORDINANCE Revising Section 12 -7, Code of Ordinances, City of Corpus Christi, to allow swimming in the Corpus Christi Marina during special events approved by the Marina Superintendent; providing for penalties; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 18. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 2 "Administration," to establish the Advisory Committee on Community Pride; providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 19. FIRST READING ORDINANCE Revising Section 16-4, Code of Ordinances, City of Corpus Christi, to authorize the presiding officer to waive or reduce the Technical Construction Codes Fees after a declaration of a local state of disaster; providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". * * * * * * * * * * * ** Mayor Adame referred to Item 2 and the following board appointments were made: Animal Control Advisory Committee William R. Schroeder (Reappointed) Helen Sterback (Appointed) Cheryl Martinez (Appointed) Building Standards Board Ted Stephens (Reappointed) Frank Hastings (Reappointed) Shane Torno (Appointed) Community Youth Development (78415) Program Steering Committee. Rosa "Linda" Rincon (Reappointed) Xiao Bohannon (Reappointed) Rosa E. Pizzi (Appointed) Intergovernmental Commission on Drug and Alcohol Abuse Jesus S. Molina (Reappointed) Jean Newberry (Reappointed) Jim Lago (Reappointed) Minutes — Regular Council Meeting August 18, 2009 — Page 11 Park and Recreation Advisory Committee Hunter Young (Reappointed) Lisa Ann Torres (Reappointed) Dr. Jinsum Kim (Reappointed) Sylvia Samaniego (Reappointed) * * * * * * * * * * * * * Mayor Adame referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0609 -01, Scott Ellison /Carl Howard: A change of zoning from a "F -R" Farm Rural District to a "B -2A" Barrier Island Business District resulting in a change of land use from vacant farm land to commercial on property described as 12.25 acres out of a 12.95 acre tract of land out of the William Bryan Survey, A-46, recorded in Volume 1854, Page 421 of the Deed of Records of Nueces County, Texas, on the west side of State Highway 361 located between Mustang Island State Park and Packery Channel. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B -2A" Barrier Island Business District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 028270 Ordinance amending the Zoning Ordinance, upon application by Scott Ellison and Carl Howard, by changing the Zoning Map in reference to 12.25 acres out of 12.95 acre tract of land out of the William Bryan Survey, A-46, from "F -R" Farm Rural District to "B -2A" Barrier Island Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * ** Mayor Adame opened discussion on Item 27 regarding the creation of the Coastal Bend Cultural Education Facilities Finance Corporation. Director of Intergovernmental Relations Rudy Garza explained that the last legislative session passed Senate Bill 1035 which allowed the City to create the Coastal Bend Cultural Education Facilities Finance Corporation which would eventually replace the Coastal Bend Health Facilities Development Corporation. Mr. Garza reported that this new entity will allow for the corporation to assist non - profit organizations and serve the entire region. John Bell, Attorney, stated that the legislation allows the City to sponsor financing of cultural or education projects through this financing. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting August 18, 2009 — Page 12 27. RESOLUTION NO. 028272 Resolution approving creation of the Coastal Bend Cultural Education Facilities Finance Corporation; approving the Articles of Incorporation and Bylaws; appointing the Initial Directors; and containing other provisions relating to the subject. The foregoing resolution was passed and approved with the following vote: Adame, Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Elizondo were absent. Mayor Adame opened discussion on Item 28 regarding state and federal governmental relations services. Director of Intergovernmental Relations Rudy Garza stated that the last legislation was very successful and that staff is recommending renewing the contracts with HiIICo Partners and Meyers & Associates. The following topics pertaining to this item were discussed: whether there was a need for a Request for Proposal (RFP) process; keeping legislative delegates informed; involving other lobbyist on specific issues; and the consultants the City works with at HiIICo Partners. Council Member Scott requested that staff provide the Council with information on what the City wants the lobbyist to be working on within the next ten (10) months. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 28.a. MOTION NO. 2009 -232 Motion authorizing the City Manager or his designee to execute a renewal agreement between the City of Corpus Christi and HiIICo Partners for state governmental relations services in the amount of $63,000. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 28.b. MOTION NO. 2009-233 Motion authorizing the City Manager or his designee to execute a renewal agreement between the City of Corpus Christi and Meyers & Associates for federal governmental relations services in the amount of $90,000. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame referred to item 23, and a motion was made, seconded and passed to open the public hearing on the following street closure: 23. Public Hearing to consider and First Reading Ordinance abandoning and vacating a 26,971 - square foot portion of undeveloped and unsurfaced, dedicated public right -of -way (Nile Drive), located west of Ennis Joslin Road public right -of -way; subject to compliance with the specified conditions. Minutes — Regular Council Meeting August 18, 2009 — Page 13 Interim Assistant City Manager of Development Services Johnny Peraies explained that this item is the public hearing and first reading on the closure of a section of the Nile Drive right -of -way as part of the declaration of gift and agreement between the City and Texas A & M University (TAMU) System for the expansion of TAMU -CC. Mr. Peraies stated that the fair market value will not be assessed. No one appeared in opposition to the street closure. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as fol lows: 23. FIRST READING ORDINANCE Abandoning and vacating a 26,971- square foot portion of undeveloped and unsurfaced, dedicated public right -of -way (Nile Drive), located west of Ennis Joslin Road 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: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. Item 24 was withdrawn by staff. 24. WITHDRAWN BY STAFF public right of way; subject to compliance with the specified mss- Mayor Adame referred to Item 25, and a motion was made, seconded and passed to open the public hearing on the ad valorem tax rate: 25. First Public Hearing on proposed Ad Valorem Tax Rate increase. Interim Director of Financial Services Constance Sanchez stated that the state property tax code requires that two public hearing be held when a taxing unit proposes to impose an amount of property taxes that exceeds the preceding year's property taxes, Ms. Sanchez added that the proposed property tax rate is the same as last year however the effective tax rate is slightly higher. Ms. Sanchez referred to a powerpoint presentation including definitions of the effective and rollback tax rates; history of assessed valuation and ad valorem tax rates; and the 2009 tax rates per $100 valuation. Council Member Chesney applauded the current and previous Council for maintaining the tax rate. In response to Council Member Leal, Ms. Sanchez stated that the tax rate is staying the same however the effective tax rate is higher. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Martinez, and passed. Mayor Adame stated that during the September 8, 2009 City Council meeting beginning at 12:00 p.m. at City Hall, the City Council will vote on the proposed tax rate. * * * * * * * * * * * * * -13- Minutes — Regular Council Meeting August 18, 2009 — Page 14 Mayor Adame referred to Item 31 regarding Water Conservation and Drought Management Plan. Director of Water Operations Gustavo Gonzalez referred to a powerpoint presentation including the sources of the regional water supply; a map of communities relying on regional surface water system; safe yield; reservoir levels; Lake Texana; the drought contingency plan; the four stages of the drought plan and response measures; TCEQ agreed order; option to develop water conservation rate; water conservation programs; and long term supply strategies. Mr. Gonzalez introduced Choke Canyon Reservoir Coordinator Norm Kuenstler, Public Relations and Marketing Coordinator Yolanda Marruffo, and Lake Texana Work Coordinator Rene Marroquin who were available to respond to questions. The following topics pertaining to this item were discussed: the soft water conservation; the last time the City had a community -wide mandatory conservation; the drought management plan and moving from the firm yield to safe yield. Mayor Adame encouraged the Council Member to take a tour of the Water Department. * * * * * * * * * * * * * Council Member Martinez clarified that when Ethics Commission Member Marcantonio was discussing the previous language in Section 2 -311 (15), he was referring to the ordinance approved in May 2009 and stated that she was recommending amending the ordinance to include the previous language in Section 2 -311 (15) that had been in effect for 20 years. Ms. Martinez stated that she was addressing language that the as a council member, individually, you shall not have a substantial interest in any contract with the City. * * * * * * * * * * * * * Mayor Adame announced that the Council would return to executive session, which was listed on the agenda as follows: 2. Executive session pursuant to the Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges including the appointment of a Presiding Municipal Court Judge with possible related discussion and action in open session. The Council went into executive session. The Council returned from executive session and the following ordinance was passed with the following vote: 2. ORDINANCE NO. 028274 Ordinance appointing Margie Silva Flores as Presiding Judge of the Municipal Court of Record in the City of Corpus Christi; determining salary; and providing a term of office. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * * * Council Member Chesney requested that the Council reconsider Item 26 regarding the Code of Ethics ordinance. Mr. Chesney made a motion to amend the ordinance to add Section 2 -311 (15) to read that "as a council member, individually, you shall not have a substantial interest in any —14— Minutes — Regular Council Meeting August 18, 2009 — Page 15 contract with the City of Corpus Christi. The motion was seconded by Ms. Martinez. Mr. Chesney stated that the intent of this amendment is applied individually to council members and not to council members businesses or council member's family members. A brief discussion ensued regarding the difference between an individual and the Council Member owning a business. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick voting "No ". City Secretary Chapa called for the vote on Item 26 as follows: 26. ORDINANCE NO. 028271 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Article V, Code of Ethics, regarding conflicts of interest, gifts, financial disclosure reports, ethics commission duties, and disclosure of interests; providing for publication; and providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * ** * * * * * * * There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 6:45 p.m. on August 18, 2009. * * * * ** * * * * * * * 2 Request Council Date: 08/25/09 Alternate Date: 09/08/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a service agreement with Tex - American Recycling, Forth Worth, Texas for used tire disposal service in accordance with Bid Invitation No. B1- 0183 -09 based on low bid for an estimated annual expenditure of $83,160. The term of the service agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Solid Waste and Maintenance Services for FY 09 /10. ****************** * * * * * * * * * * * * * * * * * * * * * * * * * * ** * ** * ** ** * * * * *** * * * * * * * * * * * * * * ** Purpose: This service is used by Maintenance Services and Solid Waste to dispose of whole waste tires. The vendor is required to supply empty trailers at the Service Center, Elliott Landfill and Cefe Landfill, remove the loaded trailers and dispose of the tires in accordance with all applicable Federal, State and local regulations and requirements. Current Contract: All options to extend the current contract have been exercised, requiring the City to issue new bid invitations. Bid Invitation Issued: Five Bids Received: Pricing Analysis: Three When compared to the current contract, pricing has remained stable. Award Basis: Low Bid. Funding: Organization Name Solid Waste Maintenance Services Micha �: arrera Assistant Director of Financial Services 826 -3169 m ikeb @cctexas.com FY09 -10 Amount 530000 -1020 -12520 $32,760 530000 - 1020 -12506 32,760 530000- 5110 -40140 17,640 Total: $83,160 a))o a) r- 0. a 7)0 1ST E3. m 0 CU CD m c -I. N N A 0) 0) (D CD @ CD CO W 0 0 C) 0 C) 3 7' 7• --1 m N011dIt3S3O fJ c Z H -I. } 19 IV "na Iv o 0 0 O 0 O Cs - w 0) W V 1,..1 N 0) . 0 0) 0 0 0 O b O 0 11 al Ca) 0'.4 i 0 0 0 ER 0) -. 03 0) 0 CD al 01 V N V -1 CA 01 01 CT 0 0 0 0 0 0 0 O 0 a 0 0 0 0 . 0 0 0 0 0 69 4/5 N to 00) 0 0 0 0 0 0 0 o 0 00 00 0 00 60/4Z/8 :31b'O CO 'o C) cc- zDO g Co O XI 0 >oc 0CCr) >5_ NZN 3 Request Council Date: 08/25/09 Alternate Date: 09/08/09 COUNCIL MEMORANDUM A. APPROPRIATING $63,123.00 FROM THE MAINTENANCE SERVICES FUND BALANCE NO. 5110 FOR THE PURCHASE OF ONE (1) TRAIL KING LOW BOY TRAILER, CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES BY $63,123.00; AND DECLARING AN EMERGENCY. B. RECOMMENDATION: Motion approving the purchase of one (1) trail king low boy trailer from Rush Equipment Center, Houston, Texas in the amount of $63,123.00. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). This unit is a replacement to the fleet and will be used by the Street Department. Funds are available in the Fleet Maintenance Fund. *********************************************** * * *: * * * * * * * * * * * *** * * * * * ** * * * * ** Purpose: The trailer will be used by the Street Department to transport large, heavy equipment from job site to job site. Basis of Award: Maintenance Services has determined that the cost to repair this 15 year old heavy equipment trailer is excessive and the trailer should be replaced. The trailer is primarily used by the Street Department, but is also used to haul heavy equipment on a regular basis by the Solid Waste, Water, Storm Water, Wastewater and Gas Departments. For the past three years, the Maintenance Services Fund has been contributing to a vehicle /equipment reserve for unanticipated needs. This is the first time this reserve has been used and is an appropriate use of these funds. The Trail King low boy trailer will be purchased through the cooperative purchasing agreement with H -GAC. H -GAC acts as a purchasing agent for participating members through the Inter -local Cooperative Act and abides by all Texas statutes regarding competitive bidding requirements. Funding: Fleet Maintenance FY09 -10 550020 - 5110 -40120 Total: $63,123.00 Mic� Barrera Assistant Director of Financial Services 826 -3169 mikeb @cctexas.com CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BI -0008 -10 BUYER - MARIA GARZA TRAIL KING LOW BOY TRAILER DATE AUGUST 25, 2009 ITEM DESCRIPTION QTY. UNIT RUSH EQUIPMENT CENTER HOUSTON, TEXAS 1. Trail King TK 110 Hydraulic detachable gooseneck Low Boy Trailer, 70,000 Ib. capacity 1 each Unit Price $63,123.00 Extended Price $63,123.00 Award Total $63,123.00 Page 1 of 2 ORDINANCE APPROPRIATING AN AMOUNT OF $63,123.00 FROM THE MAINTENANCE SERVICES FUND BALANCE NO. 5110 FOR THE PURCHASE OF ONE (1) TRAIL KING LOW BOY TRAILER; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES BY $63,123.00; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $63,123.00 is appropriated from the Maintenance Services Fund Balance No. 5110 for the purchase of one (1) Trail King low boy trailer. SECTION 2. That the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 is changed to increase expenditures by $63,123.00. 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 of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: August 14, 2009 By: t..■rri -r Lisa Ag Assistan City Attorney For City Attorney H:ILEG- DIR \Lisa12009 Ord ina nce\ORD- Approp - Trailer.doc —25— CITY OF CORPUS CHRISTI Joe Adame Mayor Page 2 of 2 Carpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H:1LEG- DIR \Lisa12009 Ordinance10RD- Approp- Trailer.doc —2 6— 4 AGENDA MEMORANDUM City Council Action Date: August 25, 2009 SUBJECT: Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive Project No. 62631 CIP No. ST 06 & SW 25 (BOND ISSUE 2004) CHANGE ORDER NO. 13 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Change Order No. 13 to the construction contract with SLC Construction, LP, of Aransas Pass, Texas in the amount of $882,326.62 for a total restated fee of $8,660,546.85 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive to reroute the 24" force main diversion line and for drainage improvements to Schanen Ditch. (BOND ISSUE 2004) ISSUE: The proposed change order provides for the reroute of the 24" wastewater force main along the Schanen Ditch and implements critically needed improvements to increase drainage capacity and restore failing sections of the ditch. The force main is part of the future Oso Wastewater Treatment Plant (WWTP) diversion line to transfer flows to the Greenwood WWTP. The original plan called for the diversion Tine to extend south along Everhart from Saratoga to Cedar Pass across the Oso Creek to the Greenwood WWTP. Per City Council direction, the route was revised to run south from Saratoga only to Schanen Ditch, then along the ditch and to the Greenwood WWTP. The section of Schanen Ditch from Cedar Pass Drive to Yorktown Boulevard is the downstream section of the ditch and is experiencing critical side slope failures. A Storm Water CIP project was programmed to increase drainage, reduce maintenance, and restore failing side slopes that are potentially encroaching on private property. The proposed change order also provides for quantities adjustments as part of the completion of the street and utility construction. The work was combined under this project to take advantage of available crews and equipment. This work will not delay completion of Everhart Road work, which is scheduled to be completed three months ahead of the contract completion date. FUNDING: Funding is available from the Street, Storm Water, Wastewater, and Water Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services 361/826-3781 peteanacctexas. com H:IHOME RachellelGENISt eets‘b263- Everhart Ph. 11,C0 No. 131Agends Memo.doe— 29— Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Change Order Summary Exhibit "D" Location Map AGENDA BACKGROUND INFORMATION SUBJECT: Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive Project No. 62631 CIP No. ST 06 & SW 25 (BOND ISSUE 2004) CHANGE ORDER NO. 13 CHANGE ORDER NO. 13 DESCRIPTION: The proposed Change Order No. 13 provides for construction of the 24" wastewater force main along Schanen Ditch from Cedar Pass to Yorktown Boulevard, in lieu of continuing along Everhart from Schanen Ditch to Cedar Pass. The work includes major ditch improvements with excavation /backfill to widen and create 3:1 side slopes with stabilization matting, new culvert and outfalls, riprap and ditch bottom improvements, seeding, irrigation adjustments, traffic controls, dewatering and miscellaneous items according to the plans and specifications. This change order also provides for quantity adjustments including increased full width pavement for the Everhart Road section north of Saratoga Boulevard. The full width pavement rehabilitation was required to eliminate excessive patching and pavement failures. The work includes all material, labor and equipment to perform the work. PROJECT DESCRIPTION: Everhart Road is a major arterial within the city and is part of the Bond 2004 program. The improvements include complete reconstruction of the 4 -lane roadway with new curb and gutter, sidewalks, and ADA curb ramps. The project also includes underground storm water, water and wastewater improvements, new traffic signals, and new street lighting. The wastewater work includes a section of the future diversion line from Saratoga to Cedar Pass from the Oso Wastewater Treatment Plant to the Greenwood Wastewater Treatment Plant. CONTRACT TERMS: The construction contract is increased by $882,326.62. All other provisions of the contract remain unchanged. PROJECT BACKGROUND: The Everhart Road Phase 1 street improvements project is part of the Bond Issue 2004. The engineering and design were completed in 2007 with the award of the construction contract to SLC Construction, LP, in January 2008. The Oso VWIITP Diversion Plan was presented, revised and approved by City Council in August 2008. The design and engineering of the Schanen Ditch Drainage Improvements (Project No. 2308) was awarded as a separate contract to Freese and Nichols, Inc., and completed in June 2009. —30— EXHIBIT "A" I I Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive Project No. 62631 CIP No. ST 06 (BOND ISSUE 2004) CHANGE ORDER NO. 13 PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects. (Resolution No. 026015) 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) 3. June 14, 2005 — Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering of Corpus Christi, Texas in the amount of $631,714 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive. (Motion No. 2005 -183) 4. January 22, 2008 — Motion authorizing the City Manager, or his designee, to execute a construction contract with SLC Construction, LP, of Aransas Pass, Texas in the amount of $7,454,229.87 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive for the Total Base Bid and Additive Alternate Nos. 1, 2, 3, and 4. (BOND ISSUE 2004) (Motion No. 2008 -013) 5. January 22, 2008 —Motion authorizing the City Manager, or his designee, to execute an Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Rock Engineering & Testing Laboratory of Corpus Christi, Texas in the amount of $51,452 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive for the Total Base Bid and Additive Alternate Nos. 1, 2, 3, and 4. (BOND ISSUE 2004) (Motion No. 2008 -014) 6. August 26, 2008 — Motion authorizing the City Manager or his designee to proceed with the actions necessary to transfer the flows from the Oso Water Reclamation Plant Service Area to the Greenwood Wastewater Treatment Plant as proposed by the Wastewater Master Plan. (Motion No. 2008 -232) 7. December 16, 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) 8. December 16, 2008 -- Motion authorizing the City Manager or his designee to execute Change Order No. 6 to the construction contract with SLC Construction, LP, of Aransas Pass, Texas, in the amount of $139,909.04 for the Whataburger Way drainage improvements project. (Motion No. 2008 -333) PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). H AHOMElRechellelGENlStmets46263- Everhart Ph. 11CO No. 131Pnor Project Actions.da 1 — 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 4. September 28, 2005 — Administrative approval of Agreement for Geotechnical Testing Services with Rock Engineering & Testing Laboratory of Corpus Christi, Texas in the amount of $7,505 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive. 5. April 9, 2007 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering of Corpus Christi, Texas in the amount of $13,940 for a restated fee of $645,654 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive. 6. November 2, 2007 - Administrative approval of Amendment No. 2 to the Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering of Corpus Christi, Texas in the amount of $10,990 for a restated fee of $656,644 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive. 7. February 27, 2008 — Administrative approval of Amendment No. 3 to the Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering of Corpus Christi, Texas in the amount of $22,250 for a restated fee of $678,894 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive. 8. April 1, 2008 — Administrative approval of Amendment No. 4 to the Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering of Corpus Christi, Texas in the amount of $45,047 for a restated fee of $723,941 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive. 9. June 25, 2008 —Administrative approval of Change Order No. 1 to the construction contract with SLC Construction, LP of Aransas Pass, Texas in the amount of $23,780.51 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive for a constructability review initiated by the contractor which provided cost savings for the City, the unanticipated removal of an existing drop connection encased in concrete, and the execution of Additive Alternate No. 3. 10. August 48, 2008 — Administrative approval of Change Order No. 2 to the construction contract with SLC Construction, LP of Aransas Pass, Texas in the amount of $1,889.40 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive for setup charges for additional work requested by City Wastewater Department, additional work required to complete CIPP efforts and an unknown service connection from existing apartments which required replacing. 11. September 18, 2008 Administrative approval of Change Order No. 3 to the construction contract with SLC Construction, LP of Aransas Pass, Texas in the amount of $6,628 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive for an emergency point repair at Beat Lane and Junior Beck. 12. December 1, 2008 —Administrative approval of Change Order No. 4 to the construction contract with SLC Construction, LP of Aransas Pass, Texas in the amount of $21,545.75 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive due to future expansion of a TXDOT project. 13. December 4, 2008 —Administrative approval of Change Order No. 5 to the construction contract with SLC Construction, LP of Aransas Pass, Texas in the amount of $24,200 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive for critical repairs needed to be completed as a result of the National Guard driveway failure. 14. January 15, 2009 Administrative approval of Change Order No. 7 to the construction HAFIOMEIRachelleSGEN SStreets16263- Everhart Ph. 11CO No. 131Prior Project Actione4 2 — contract with SLC Construction, LP of Aransas Pass, Texas in the amount of $14,827.32 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive for additional work required for installing the traffic signals at Cedar Pass and Snowgoose, and additional work required to adequately repair a street section after construction of deep sanitary sewer line north of Saratoga Boulevard. 15. February 10, 2009 — Administrative approval of Change Order No. 8 to the construction contract with SLC Construction, LP of Aransas Pass, Texas in the amount of $23,096.50 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive for work remaining to complete the necessary modifications for the National Guard ditch and guard rail, correction made to Change Order No. 3 in which the previous unit rates and contract bid items were incorrect and revised plan to install the 24" force main. 16. February 12, 2009 — Administrative approval of Change Order No. 9 to the construction contract with SLC Construction, LP of Aransas Pass, Texas in the amount of $16,286.30 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive Project for additional work required to adequately repair street section after construction of deep sanitary sewer line north of Saratoga Boulevard and the deduction for two course surface treatment which was no longer required due to modified street section. 17. March 3, 2009 —Administrative approval of Change Order No. 10 to the construction contract with SLC Construction, LP of Aransas Pass, Texas in the amount of $24,638.24 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive Project for a typographical error in plan quantity for 36" RCP Storm Sewer in which the proposed quantity reflects Tess than the plan requires; additional work required to adequately repair street section after construction of deep sanitary sewer line north of Saratoga Boulevard, deduction of the sanitary sewer utility allowance and the two course surface treatment. 18. July 23, 2009 — Administrative approval of Change Order No. 11 to the construction contract with SLC Construction, LP of Aransas Pass, Texas in the amount of $2,970.50 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive Project for an existing sidewalk on the southside of Whataburger Way that did not meet ADA requirements, and was not included in the Freese and Nichols study. 19. August 14, 2009 —Administrative approval of Change Order No. 12 to the construction contract with SLC Construction, LP of Aransas Pass, Texas in the amount of $24,218.80 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive Project for traffic control measures and for correction in plan quantity for 36" RCP storm sewer. H: IHOME1RachellelGENSStreets16263- Everhart Ph, 1LCO No. 131Prior Project Actions,di3 3— Department of Engineering Services Change Order Summary Sheet August 25, 2009 PROJECT: Everhart Road, Phase 1 - Saratoga to Cedar Pass Drive Project No. 6263 APPROVED: City Council on 1/22/08 - Motion No. 2008 -013 CONTRACTOR: SLC Construction 1165 Rodeo Drive Aransas Pass, TX 78336 TOTAL CONTRACT AMOUNT 25% Limit Amount Change Order No. 1 (6/25/08) Change Order No. 2 (8/4/08) Change Order No. 3 (9/18/08) Change Order No. 4 (12/1/08) Change Order No. 5 (12/4/09) Change Order No. 6 (M2008 -333, 12/16/08) Change Order No. 7 (1/15/09) Change Order No. 8 (2/10/09) Change Order No. 9 (2/12/09) Change Order No. 10 (3/3/09) Change Order No. 11(7/23/09) Change Order No. 12(8/14/09) Change Order No. 13 (Council 8/25/09) Total HA HOME1RacheflelGENlSireets16263- Everhart Ph. 11CO Na. 131Change Order Somme $7,454,229.87 1,863,557.47 23,780.51 1,889.40 6,628.00 21,545.75 24,200.00 139,909.04 14,827.32 23,096.50 16, 286.30 24,638.24 2,970.50 24,218.80 882, 326.62 $1,206,316.98 = 16.18% < 25% File : \ Mproject\ councilexhibits \exh8263C013.dwg LOCATION MAP NOT TO SCALE FUTURE 24" DIVERSION FORCE MAIN ROUTE S 1M 1' �wSH / \NF / ti �515L % //J/l.� / 1 /r %4R /�' . PROPOSED 24' DIVERSION FORCE MAIN / , (CHANGE ORDER #13) j ' / / /J CHANGN DITCH`' / DRAINAGE / IMPROVEMENTS PROJECT # 6263 SS 410 "R- 4=1' • N COMPLETED 24" DNERS!ON FORCE MAIN I • r . `1`j lJ 7-17-LC ORIGINAL 24" DIVERSION FORCE MAIN ROUTE - -.._ %-` / -_ \ i / / / / \i/ ; ' / , , / i �� ,. ; i o A VICINITY MAP NOT TO SCALE FS EXHIBIT "D" Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive CHANGE ORDER NO. 1;5_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08-13— 2009 5 AGENDA MEMORANDUM City Council Action Date: August 25, 2009 SUBJECT: Packery Channel Boat Ramp Maintenance Dredging Project No. 5270 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Javeler Construction Company of New Iberia, Louisiana, in the amount of $399,540 for the Packery Channel Boat Ramp Maintenance Dredging for the Total Base Bid and Additive Alternate No. 1. ISSUE: The Packery Channel Boat Ramp was built with grant monies from the State of Texas' Parks and Wildlife Department. Due to water flow in Packery Channel and winds associated with wave action, a shoal has formed in front of the boat ramp that impedes use of the boat ramp for some larger boat during low water conditions. The sand deposit has reached to the point where landing of the boats at the ramp has become difficult. The proposed maintenance dredging is necessary for safe use of the ramp and proper landing of the boats in the Packery Channel. FUNDING: Funding is available from the Packery Channel Operational fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Additional Support Material: Exhibit "A" Background Information Exhibit "B Prior Project Actions Exhibit "C" Tabulation of Bids Exhibit "D" Project Budget Exhibit "E" Location Map -39- _zief Pete Anaya, P.E., Director of Engineering Services 826 -3781 petean@cctexas.corn U•ILIl1\i1C,,I...,rnA_C1.R0 AP VC PV ruANNFI 1S77/1 wrAT DAMP NIAINTFNANCE DREDGING-S.2 AGENDA MEMO.do BACKGROUND INFORMATION SUBJECT: Packery Channel Boat Ramp Maintenance Dredging Project No. 5270 PROJECT DESCRIPTION: The project consists of dredging (approximately 17,800 cy) of the Packery Channel Boat Ramp and adjacent area. The work will include environmental control measures to prevent erosion and allow for discharge of water from the dredging operation to discharge into the surf of the Gulf of Mexico meeting a discharge limit of 300 mg /L of total suspended solids (TTS). Minor amount of stone will be installed at the boat ramp to enhance the shoreline protection. All elements of the project shall be provided complete in place and ready to use. All work to be performed direct and/or incidental must be in accordance with the plans, specifications, and contract documents. The additive alternate bid provides for payment for the additional distance required to use alternate placement area further south. See the Site Location Map - Exhibit E. The actual placement of dredge material will be managed in the field to achieve the optimal use of the material. The payment of the use of the alternate placement area will be based on the actual cubic yards of material placed in the alternate placement area. The material being dredged is windblown beach quality sand suitable for beach placement. BID INFORMATION: On August 5, 2009, the City received proposals from four (4) bidders (see Exhibit "C" Tabulation of Bids). The Base Bids range from $390,640 to $572,500. The estimated cost of construction is $307,560. Javeler Construction Company of New Iberia, Louisiana is the low bidder on the project. The city's consultant, URS Corporation, has verified references of Javeler Construction Company; and all references have been complimentary. The City's consultant, URS Corporation, and City staff recommend a contract be awarded to Javeler Construction Company in the amount of $399,540 for Packery Channel Boat Ramp Maintenance Dredging for the Total Base- Bid and Additive Alternate No. 1. CONTRACT TERMS: The project is estimated to require 60 calendar days, with completion anticipated in November 2009. FUNDING: Funding is available from the FY2009 -2010 Packery Channel Adopted Budget. The present alignment of funding within the Packery Channel Fund requires a transfer within the fund to cover this project. This may require a future appropriation of additional funds as contracts are awarded for subsequent Packery Channel projects later in the fiscal year. —40— EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Packery Channel Boat Ramp Maintenance Dredging Project No. 5270 PRIOR COUNCIL ACTION: City Council actions have been numerous concerning the Packery Channel Project; however, several of the major actions are as follows: 1. March 2000 — The City becomes local sponsor. 2. April 7, 2001 - City Council places tax - incremental financing issue on the ballot and the voters approve creation of a tax - incremental financing district. 3. February 14, 2003 — City Council and the Texas General Land Office approve a Project Cooperation Agreement that provides a grant of $1,275,000 to the City for the project. 4. April 13, 2004 — Resolution of the City Council of the City of Corpus Christi authorizing an application to the Texas Parks and Wildlife Department for assistance in funding a boat launching facility on Packery Channel, declaring the City eligible for such assistance, authorizing the City to be the local sponsor of the project, and directing and authorizing the City Manager to file the application and to execute all documents pertaining thereto. (Resolution No. 025701) 5. July 20, 2004 - Motion authorizing the City Manager, or his designee, to execute Ratification of Amendment No. 1 to the Contract for Professional Services with URS Corporation of Houston, Texas in the amount of $15,239.20, for a total restated fee of $40,161.64, for the Packery Channel Boat Ramp Project. (Motion No. 2004 -267) 6. March 8, 2005: A. Motion authorizing the City Manager or his designee to accept a Texas Parks and Wildlife Department Grant in the amount of $500,000 for the Packery Channel Boat Ramp and execute grant acceptance documents. (Motion No. 2005 -082) B. Ordinance appropriating $500,000 from a Texas Parks and Wildlife Department grant into the Marina Grant Fund No. 1058 for the Packery Channel Boat Ramp; amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $500,000. (Ordinance Nb. 026165) C. Motion authorizing the City Manager, or his designee, to increase the escrow with the U.S. Army Corps of Engineers in the amount of $508,000 for the Packery Channel Project for the construction of the Packery Channel Boat Ramp. (Motion No. 2005 -083) 7. March 25, 2008: A. Resolution authorizing the City Manager, or his designee, to accept a grant from the U. S. Fish and Wildlife Service in the amount of $500,000 for the Packery Channel Boat Ramp Parking and Access Road Improvements in the No. 3277 Packery Channel Capital Improvement Program (CIP) Fund. (Resolution No. 027621) B. Ordinance appropriating $500,000 from the U. S. Fish and Wildlife Service in the No. 3277 Packery Channel Capital Improvement Program (CIP) Fund for —41— u.sun„cni.s.....osn_cwnonrvcov ruaunim ss-17n RnAT RAMP MALNTFNANCE DREDGINGI4 PRIOR PROJECT ACTIONS.doc EXHIBIT "B" Page 1 of 4 the Packery Channel Boat Ramp Parking and Access Road Improvements; changing the FY 2007 -2008 Capital Budget adopted by Ordinance No. 027456 by increasing appropriations by $500,000. (Ordinance No. 027622) C. Ordinance appropriating $350,000 from the Unappropriated Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for the U. S. Fish and Wildlife Service Grant Match and related project expenses for the Packery Channel Boat Ramp Parking and Access Road Improvements; changing the FY 2007- 2008 Operating Budget adopted by Ordinance No. 027352 by increasing appropriations by $350,000. (Ordinance No. 027623) D. Motion authorizing the City Manager, or his designee, to execute a construction contract with Garrett Construction of Ingleside, Texas in the amount of $732,872.03 for the Packery Channel Boat Ramp Parking Lot and Access Road FY 2007 -2008. (Motion No. 2008 -079) 8. February 10, 2009 — Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $152,806 for the Packery Channel Phase 2 Project for design, bid, and construction phase services for the parking and overlooks at the Channel. (Motion No. 2009 -029) PRIOR ADMINISTRATIVE ACTION: Several administrative contracts have been awarded to address: • Pre - Project Issues • Partnering Meetings • Technical Reviews • Consultations with the U.S. Corps of Engineers • Develop materials that the City was responsible for providing Those contracts include: 1. June 23, 2000 -- Award of Engineering Services Contract in an amount of $14,940 to Felix Ocanas, P.E. for the North Padre Island Storm Damage Reduction and Environmental Restoration Project (No. 2123) FY2000 -2001. 2. June 25, 2001 -Award of Engineering Services Contract in an amount of $14,800 to Shiner, Moseley & Associates, Inc. for the Packery Channel Restoration Project. 3. September 6, 2001 - Award of Engineering Services Contract in an amount of $22,240 to Felix Ocanas for the North Padre Island Storm Damage Reduction and Environmental Restoration Project (No. 2123) FY2001 -2002. 4. October 16, 2001 - Award of Amendment No. 1 to Engineering Services Contract in an amount of $10,200 to Shiner, Moseley & Associates, Inc. for the Packery Channel Restoration Project - Partnering, Technical Review and U. S. Corps of Engineers Consultation. 5. October 31, 2001 - Award of Architectural Services Contract in an amount of $15,000 to Randall - Porterfield Architects, Inc. for the North Padre Island Storm Damage Reduction and Environmental Restoration Project FY2000 -2001. 6. December 14, 2001 — Award of Surveying Services Contract in the amount of $17,620 to Pyle & Associates, Inc. for the Packery Channel Restoration Project. —42— EXHIBIT "B" Page 2of4 7. January 28, 2002 -- Award of Engineering Services Contract in the amount $19,376.32 to URS Corporation for design services to prepare construction documents, plans and specifications for use by the U. S. Corps of Engineers to install utility casings to cross Packery Channel. 8. May 6, 2002 — Award of Amendment No. 1 to Surveying Services Contract in the amount of $5,005 to Pyle & Associates, Inc. for the Packery Channel Restoration Project. 9. August 28, 2002 - Award of Amendment No, 3 to Engineering Services Contract in the amount of $15,000 to Shiner, Moseley & Associates, Inc. for the Packery Channel Restoration Project. 10. September 24, 2002 — Award of Agreement for Construction Materials Engineering Laboratory's Inspection and Material Testing Services in the amount of $6,100 to Rock Engineering & Testing Laboratory, Inc. for the Packery Channel Mitigation / Coyote Island and Laguna Madre (Preliminary Subsurface Investigation and Geotechnical Analysis). 11. December 19, 2002 - Award of Engineering Services Contract in the amount $8,107.22 to URS Corporation for Packery Channel Restoration Project. 12. January 20, 2003 — Award of Ratification of Engineering Services Contract in the amount of $25,000 for the Packery Channel Restoration Project -- Shamrock Island Mitigation Site. 13. January 20, 2003 — Award of Ratification of Engineering Services Contract in the amount of $18,000 for the Packery Channel Restoration Project — Mollie Beatty Habitat Monitoring Plan. 14. January 20, 2003 -- Award of Ratification of Engineering Services Contract in the amount of $22,000 for the Packery Channel Restoration Project — Coyote Island Mitigation Site. 15. February 23, 2003 — Award of Amendment No. 2 to Engineering Services Contract in the amount of $22,240 to Felix Ocanas, P.E. forthe Packery Channel Restoration Project. 16. July 8, 2003 — Award of Amendment No. 4 to Engineering Services Contract in the amount of $5,000 to Shiner, Moseley & Associates, Inc. for the Packery Channel Restoration Project. 17. August 14, 2003 — Award of Engineering Services Contract in the amount of $25,000 to Shiner, Moseley & AssociateS, Inc. forthe Packery Channel Restoration Project — Mollie Beatty Coastal Habitat Community. 18. September 26, 2003 - Executed Ratification of Small AIE Agreement with Olivarri & Associates of Corpus Christi, Texas in the amount of $400 for the Packery Channel. 19. October 28, 2003 — Executed Small AIE Agreement with URS Corporation of Houston, Texas in the amount of $24,922.44 for the Packery Channel Boat Ramp Project. 20. September 20, 2004 - Executed Ratification of Amendment No. 2 to the Small NE Agreement with URS Corporation of Houston, Texas in the amount of $11,253.72 for a total restated fee of $51,415.36 for the Packery Channel Boat Ramp Project. 21. April 21, 2005 - Executed Amendment No. 3 to the Small AIE Agreement with URS Corporation of Houston, Texas in the amount of $16,276.69 for a total restated fee of $67,692.05 for the Packery Channel Boat Ramp Project. —43— u•lunluclwa.n rAnc,.noarirFwv rua NNCI sc17.R HnaT RAMP NIAINTFNA,ar. OAF r)(111.1064 PRIOR PROJECTACTInNC nnr EXHIBIT "B" Page 3 of 4 22. May 26, 2006 - Executed Amendment No. 4 to the Small A/E Agreement with URS Corporation of Houston, Texas in the amount of $24,869.20 for a total restated fee of $92,561.25 for the Packery Channel Boat Ramp Project. 23. December 19, 2007 - Executed Small AIE Agreement with Gignac Landscape Architecture of Corpus Christi, Texas in the amount of $3,600 for the Packery Channel Boat Ramp Parking Lot and Access Road — Landscape Improvements. 24. March 14, 2008 - Executed Small AIE Agreement with Engineering & Construction Management Services of Corpus Christi, Texas in the amount of $15,200 for the Packery Channel Boat Ramp Parking Lot and Access Road -- Construction Inspection. 25. March 27, 2008 — Executed a Ratification of Construction Repairs with King -isles Inc. of Corpus Christi, Texas, in the amount of $20,692.77 for the Packery Channel Boat Ramp. 26. April 21, 2009 — Executed Small AIE Agreement with URS Corporation of Corpus Christi, Texas in the amount of $24,115.40 for the Packery Channel Boat Ramp Maintenance Dredging. 27. August 4, 2009 — Executed Small A/E Agreement with Engineering & Construction Management Services of Corpus Christi, Texas in the amount of $7,500 for the Packery Channel Boat Ramp Maintenance Dredging — Construction Management Services. —44— EXHIBIT "B" Page 4 of 4 w (A w w z z w Rimrock Enterprises, Inc. P. O. Box 158 Justin, TX 76247 BID ITEM EXTENSION IJ 0 6 0 O 0 co 64 0 0 0 0 0 (0 47 c•-) a N N 64 0 0 O 0 (0 69 0 0 O 0 1 69 0 0 a (In N ti - 0 0 a ID (0 o 64 0 0 a 0 0 o r 69 0 0 0 ID N h 69 0 0 0) N 0) 6'4 UNIT PRICE 0 0 O O o co 64 0 0 N 64 0 IO N 69 0 0 (O (0 vi 0 O o 6, 0 0 64 0 tea" 0 0 (D N (+1 W. ap (- ) 6CO 9 Derrick Construction Company 250 Cover Harbor So. Rockport, TX 78381 BID ITEM EXTENSION 0 0 0 V r 69 0 0 (O co r` 4 649 0 0 0 co V 0 0 0 0 4 (9 0 0 o 4 M 69 0 0 CO n-) co r+ 0 0 (6 N 4 n 649 $373,266.00 UNIT PRICE 0 0 0 r 69 r• a) 6 64 0 0 06 i9 0 0 a a00 0 0 0 m 469 n 0) 6 69 JND Thomas Company, Inc. 22052 W. Everett Riverdale, CA 93656 BID ITEM EXTENSION 0 0 (0 (0 ni O _ 69 0 o N N 69 0 0 0 0 0 69 0 0 0 0 N 64 0 0 0 o N 69 0 0 4 4 r-- [f 69 0 0 O N UI N 64 0 0 O_ N N 69 $476,933.00 $734,143.01 UNIT PRICE 0 0 6 m (o N o 69 (a r M 69 0 0 0 0 0 f9 0 0 0 0 0 O N FA 0 0 0 0 0 6 N 69 (n v `i 64 Javeler Construction Company P. O. Box 13370 New Iberia, LA 70562 BID ITEM EXTENSION 0 0 0 0 co yr 0 0 o n 69 0 0 0 0 N N 69 0 0 0 (0n_ 664 0 0 0 uoi_ 69 0 0 o m 0) 69 0 0 0 001rn 69 0 0 0 00) 69 0 0 0 0 l0e}t 0 (o 0) 0) 644 644 UNIT PRICE 0 0 0 Ct. CO vs CO o 0) 63 $222.00 0 0 0 69 0 a 0 69 100 0 69 PACKERY CHANNEL BOAT RAMP MAINTENANCE DREDGING Project No.5270 CO 0 J J 0 0 0 r 0 r r 0 0 CO w TOTAL BASE BID + ADDITIVE ALTERNATE NO. 1 DESCRIPTION (Base Bid Mobilization /Demobilization which includes but is not limited to bonds, insurance, construction fencing, removal of temporary ramps, and all other items required to complete the work described in the plans and specifications, complete and in place, per Lump Sum Dredging, complete in place to Base Bid location, per Cubic Yard Stone Enhancement, complete in place, per Ton. Stormwater Pollution Prevention Plan (SW3P) and Best Management Practices (BMP), complete in place, per Lump Sum Traffic Control Plan, Complete in place, per Lump Sum. 1TOTAL BASE BID (ITEM Al THROUGH A5) — 'Additive Alternate Bid No. 1 Dredging, complete in place, additional distance from Base Bid location to Alternative 1 locatio per Cubic Yard TAL ADDITIVE ALTERANTE 1 (ITEM 81) 'BID SUMMARY TOTAL BASE BID a ¢ ¢ 1.11 Q d5Q r co Bid Proposal Form submitted by Contractor contains errors. Numbers shown in bold type are correct. Cvu(Q(r 6l/V� PROJECT BUDGET PACKERY CHANNEL BOAT RAMP MAINTENANCE DREDGING Project No. 5270 August 25, 2009 FUNDS AVAILABLE: Packery Channel $473,109.40 FUNDS REQUIRED: Construction Waverer Construction Company) $399,540.00 Contingencies (10 %) 39,954.00 Consultant (URS Corporation) 24,115.40 Consultant (Engineering & Construction Management Services) 7,500.00 Reimbursements 1,500.00 Misc. (Printing, Advertising, etc.) 500.00 Total $473,109.40 Funds Remaining $0.00 —46— EXHIBIT "D" Page 1 of 1 File : \ Mproject \councilexhibits \exh5270b.dwg G`CY MEXICO 0 TO CORPUS CHRJS1I LOCATION MAP NOT TO SCALE PROJECT SITES VICINITY MAP NOT TO SCALE PROJECT # 5270 EXHIBIT "E" PACKERY CHANNEL BOAT RAMP MAINTENANCE DREDGING -47- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08/04/2009 -- MOW rw"■ 6 AGENDA MEMORANDUM City Council Action Date: August 25, 2009 SUBJECT: Bond 2008 Design Coordination and Project Management Services Project No. 90090 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Govind Nadkarni, P.E., dba Govind Development, LLC, of Corpus Christi, Texas, in the amount of $247,500 for a total restated fee of $296,250 for Bond 2008 Design Coordination and Project Management Services. The term of the contract will be for 12 months with an option to extend for up to two (2) additional 12 -month periods. (Bond Issue 2008) ISSUE: The Bond Issue 2008 package includes 5153 million in projects to be funded from ad valorem property taxes in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. Govind Nadkarni, P.E., will provide the necessary services for engineering design coordination and project management as needed during preliminary design, final design, design document and constructability review phase with the City's selected consultants. FUNDING: Funding is available through the FY 2009 Capital Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Zk/alerie H. Gray, '.'E. Director of Storm Water & Street Operations 361/826-1875 or 361/826 -1872 valerieq(c7cctexas.com Foster Crowell Director of Wastewater Services 361/826-1801 fosterc @cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary —� Pete Anaya, P.E. Director of Engineering Services 3611826 -3781 -p eteanAcctexas.com Gustavo Gonzalez, PrE: Director of Water Services 361/826 -1874 qustavogoacctexas.com NomEARacr.onre5GEN5fSOnd 2CO3'GO,,rc Nacl,OrnoArnc Na 1 inc: AGENDA BACKGROUND INFORMATION SUBJECT: Bond 2008 Design Coordination and Project Management Services Project No. 90090 CONSULTANT SELECTION: The consultant was originally selected along with several other firms to perform preliminary 2008 Bond and CIP work on September 12, 2007. This work included the development of project scopes and cost estimating services. Govind Development, LLC, has been elected to continue assistance with the Bond 2008 CIP program as his firm does not participate in municipal engineering design. DESCRIPTION OF AMENDMENT NO. 1: The consultant, Govind Nadkarni, P.E., will perform the following tasks: Preliminary Design & Constructability Review Phase: $127,500 • Work with City's Design Consultant to help coordinate necessary soils investigation and testing from geotechnical consultant for needed soils investigation, borings and laboratory testing. • Help coordinate and set up design parameters of the project with operating department and act as a liaison between Design Consultant and Operating Department and act as City's Engineering Department representative as Project Coordinator. • Review and comment on Preliminary Engineering Letter Report and work with City's Design Consultants to obtain opinion of probable cost to ensure that the project stays within budget on behalf of City's Engineering Services department representative. • Attend necessary design workshops with Design Consultants and Operating Department and participate in discussion during workshops, assist getting clarifications, necessary data and material to identify design and construction methods. • Assist in presentation of pertinent factors, sketches, cross sections and parameters which may affect and impact engineering design basis, preliminary details of construction of critical elements, identification of necessary permits, etc. • Work with Design Consultants and Operating Department assisting in coordination with governmental agencies such as Port of Corpus Christi, Texas Commission on Environmental Quality, Texas Department of Licensing and Regulation, U.S. Army Corps of Engineers etc. and any other governmental authority having jurisdiction to approve design of the project and permitting. H:IHDME1Rarha11e1GENlBond 20081Govind NadkamllAmd. No. 11Agenda Backgroumd5D2 — EXHIBIT "A" Page 1 of 3 • Work with City's Operating Department and Design Consultants to produce a cohesive, well- defined proposed scope of design, probable cost estimates and design alternatives. • Work with City's Engineering Services staff and Operating Department to coordinate providing necessary in -house information that Design Consultant needs, including preliminary budget, funds available for construction, existing studies, plans, aerial photographs, etc. • Assist Design Consultant in coordination with public relations matters such as community involvement and neighborhood input and help make presentation whenever necessary to community groups and City Council. Design Phase: $95,000 • Work with City's Design Consultant to implement Preliminary Engineering Letter Report recommendations to get proper design drawings, construction sequencing, and connections to existing facilities. • Work with City's Operating Department to ensure that Design Consultant is providing necessary information regarding construction document preparation and information for various Bond 2008 projects. • Review the interim documents at 60% and pre -final submittal and provide comments back to Design Consultant in a timely manner so project schedule is kept as intended. • Attend all necessary meetings and assist on QA / QC of project execution plans during design phase of the project. • Provide Design Consultant with City's standard detail sheets, standards and special provisions and terms required for bid documents. Bidding Phasec $25,000 • Work with Design Consultant to help perform a bidder's pre - qualifying evaluation and develop a bidders listing and encourage them to get on bidders list. • Help coordinate pre -bid meetings and communicate with bidders and get their questions answered through Design Consultant. • Work with Design Consultant to prepare addenda as necessary and ensure that bidders get necessary information in a timely mariner. • Work with Design Consultant to ensure that bidders have sufficient time to submit their bid. Provide additional time to bidders if necessary so bidders get a proper amount of time to prepare bids for the City. H:SHOMEIRachelle \GEN \Bond 20081Govind Nadkami4Amd. No 1lAgenda Backgrou?l!S 3 — EXHIBIT "A" Page 2 of 3 • Assist City's Engineering Department and Design Consultant in reviewing and evaluating contractor's proposal and provide the recommendation in selection of contractor to City Council for approval. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. HAHDME1RaehelleIGENNBond 20081Govind NadkamilAmd, No, 1\Agonde 8aakgrodlltl5o4 EXHIBIT "A" Page 3 of 3 PRIOR PROJECT ACTIONS SUBJECT: Bond 2008 Design Coordination and Project Management Services Project No. 90090 PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. FUTURE COUNCIL ACTION: Approval of various construction contracts to complete the project as required. PRIOR COUNCIL ACTION: 1. November 13, 2008 -- Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. September 12, 2007 — Administrative approval of a Small AIE Agreement for Architect/Engineer Consultant Services with Govind Nadkarni, P.E., dba Govind Development, LLC, in the amount of $48,750 for CIP and Bond Issue 2008 Preliminary Work. 2. September 19, 2008 - Distribution of Request for Qualifications No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non-local). 3. October 14, 2008 — Addendum No. 1 to the Request for Qualifications No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 4. October 20, 2008 — Addendum No. 2 to the Request for Qualifications No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - Iocal). —55— H. lHCIRARRorholloMM OI:tuvI'NYVttRnuinrl NsNfirornil n.., kJ,, 111Pri..r Prniart Arfinna ring CONTRACT SUMMARY 1. SUBJECT: Bond 2008 Design Coordination and Project Management Services Project No. 90090 Govind Development, LLC, (AIE) will provide the necessary services for engineering design coordination and project management services as needed during preliminary design, final design, deign document and constructability review phases with City's selected consultants. 2. SCHEDULE Start June 2009 With Notice To Proceed (NTP) End June 2010 The term of the contract will be for 12 months with an option to extend for up to two (2) additional 12- month periods. 3. FEES Original Contract 1. Original contract $48,750.00 TOTAL FEE: Original Contract $48,750.00 Amendment No. 1 1. Final Design Services $247,500.00 TOTAL FEE: Amendment No. 1 $247,500.00 TOTAL RESTATED FEE $296,250.00 H:IHOME\Raohelle ;GEN'Bond 20081Govind Nadkami Amd. ND. 11Conkracl summarrr5 6 — 7 AGENDA MEMORANDUM City Council Action Date: August 25, 2009 SUBJECT: Broadmoor Senior Center Improvements 2008 (Project No. 3361) BOND ISSUE 2008 NO. 50 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Leoncitos, Inc. of Corpus Christi, Texas, in the amount of $997,573.62 for the Broadmoor Senior Center Improvements 2008 for the Total Base Bid, Additive Alternate Bid No. 1, and Additive Alternate Bid No. 2. (BOND ISSUE 2008) ISSUE: The Broadmoor Senior Center, located at 1651 Tarlton Street, has been in operation since 1990. It was originally constructed with monies from the Community Development Block Grant Program. It is basically a one -room facility and, as such, is limited on the amount and types of programs that can currently be offered there. This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 6 Parks and Recreation. A construction contract is required to complete the project; and requires City Council approval. FUNDING: Funding is available from the Bond Issue 2008 (Parks and Recreation) Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. 44.44;. A. 4,14,--14 Sally Gavlik, Director of Parks and Recreation 826 -3464 sallvgrcctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B Prior Project Actions Exhibit "C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Map —59— Pete Anaya, P.E., Director of Engineering Services 826 -3781 petean@cctexas.com nrkine AAtLAh d.... BACKGROUND INFORMATION SUBJECT: Broadmoor Senior Center Improvements 2008 (Project No. 3361) BOND ISSUE 2008 NO. 50 PROJECT DESCRIPTION: Base Bid - The project consists of all work for an addition and remodel of existing facility including demolition of existing interior walls and roofing. The addition shall include site clearing and stripping; termite control; insulated concrete forms; cast -in -place concrete; suspended structural concrete slab on void forms and drilled piers; metal fabrications;. rough carpentry; finish carpentry and architectural wood casework; liquid applied vapor barrier; blanket insulation and foamed -in -place insulation; cement board soffit; EIFS; Portland cement plaster; gutters and downspouts; single ply roofing and composition shingle roofing; fire stopping; joint sealants; standard steel doors and frames; flush wood doors; aluminum store front; door hardware; glazing; gypsum board assemblies; ceramic tile; VCT flooring and rubber flooring; paint and coatings; mechanical systems; plumbing system and fixtures; electrical power system and lighting fixtures; final site clean -up and proper disposal of debris /waste; complete in accordance with the plans, specifications, and contract documents. Additive Alternate Bid No. 1 — consists of work to provide irrigation for landscaping. Additive Alternate Bid No. 2 — consists of work to remove five (5) existing windows and replace with five (5) new impact resistant aluminum storefront windows. BID INFORMATION: On June 24, 2009, the City received proposals from eight (8) bidders (see Exhibit "C" Bid Tabulation). The bids range from $961,439.62 to $1,193,000 for the Base Bid. The estimated cost of construction is $973,535. The low bid was submitted by Leoncitos, Inc., in the amount of $961,439.62. City staff and the consultant, Chuck Anastos Associates, LLC, recommend that the contract be awarded to Leoncitos, Inc. of Corpus Christi, Texas, in the amount of $997,573.62 for the Total Base Bid, Additive alternate Bid No. 1, and Additive Alternate Bid No. 2. CONTRACT TERMS: The project is estimated to require 270 calendar days, with completion anticipated in May 2010. PROJECT BACKGROUND: On September 2, 2008, the City distributed RFQ No. 2008 -03 for the Wards Building Rehabilitation and Parking Lot to 83 local consultants. On September 3, 2008, the City distributed Addendum No. 1 to RFQ No. 2008 -03 to add the Broadmoor Senior Center Improvements for engineering work to include preparation of plans, specifications, bid, and contract documents. The construction costs of the project were included as part of Proposition 6 Park and Recreation Projects of the 2008 City of Corpus Christi Bond Election, which was approved by voters on November 4, 2008. ADDITIONAL INFORMATION: A walking trail situated within the site will be completed by Parks and Recreation Department Force Account. —60— EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Broadmoor Senior Center Improvements 2008 (Project No. 3361) BOND ISSUE 2008 NO. 50 PRIOR COUNCIL ACTION: 1. Apri1l5, 2008 - Resolution adopting the FY 2008 -FY 2012 Consolidated Plan, which includes the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs; authorizing the City Manager or his designee to submit the FY 2008 -FY 2012 Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes in the FY 2008 -FY 2012 Consolidated Plan if required by HUD. (Resolution No. 027663) 2. April 15, 2008 - Resolution adopting the FY 2008 Consolidated Annual Action Plan, which includes the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) Programs; authorizing the City Manager or his designee to submit the FY 2008 Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes in the FY 2008 Consolidated Annual Action Plan if required by HUD. (Resolution No. 027664) 3. November 18, 2008 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Chuck Anastos Associates, LLC, of Corpus Christi, Texas in the amount of $112,782 for the Broadmoor Senior Center improvements Project. (Motion No. M2008 -303) 4. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. - September 2, 2008 - Distributed RFQ No. 2008 -03 Wards Building Rehabilitation and Parking Lot to 83 local consultants. 2. September 3, 2008 - Distributed Addendum No. 1 to RFQ No. 2008 -03 Wards Building Rehabilitation and Parking Lot and Broadmoor Senior Center Improvements to 83 local consultants. 3. September 8, 2008 - Distributed Addendum No. 2 to RFQ No. 2008 -03 Wards Building Rehabilitation and Parking Lot and Broadmoor Senior Center Improvements to 83 local consultants. 4. September 9, 2008 - Distributed Addendum No. 3 to RFQ No. 2008 -03 Wards Building Rehabilitation and Parking Lot and Broadmoor Senior Center Improvements to 83 local consultants. -61- EXHIBIT "B" Page 1 of 1 w N w En CC w w Z_ Z w Winship Construction 5117 Ambassador Row Corpus Christi, TX 78416 AMOUNT II O o ai N 0 O 0 r-, 69 C•1 )l7 6 N 0 0 N o 00 '7 N 0 6 0 O h m 0 Y UNIT PRICE J °O O a-- N 0 49 f7 0 N 14 69 Progressive Structures 6133 Ayers Corpus Christi, TX 78415 AMOUNT $1,000,022.0 0 o (00 0 o ppt(7 0) 0 0 N 0 0 0. isr 0 0 (D 00 a 0 0 N o i9 UNIT PRICE I $1,000,022.0 I o O O 0 (o 0 0 0 0) In Teal Construction 5110BIH37 Corpus Christi, TX 78407 AMOUNT 0 O o O 01 E19 0 0 co X co. 6R 0 r 6~4 $994,000.00 O S 05 69 0 OI 00 r (A W U CL CL H Z D O O o o. 0) 69 X 0 r 64 tos, Inc. licole Ct. sti, TX 78415 AMOUNT 1 (No 469 (0 CI C) a) oo N 00 () N 49. 0 O 0 O .1- Go (0 C (0 0) (00, LL_7 (0 69 (NO. an 0)) 0) UNIT PRICE 1 BROADMOOR SENIOR CENTER IMPROVEMENTS 2008 Project No. 3361 BONO ISSUE 2008 H J -1 0 nn 3ESCRIPTION 3ase Bid __ 1 Consisting of all work for the renovation of the existing building and addition, as shown and in accordance with the plans, specifications and contract documents; complete and in place per lump sum. litive Alternate Bid No. 1 Consisting of all work to provide Irrigation for th landscaping. as shown and in accordance with the plans, specifications and contract documents; complete and in place per lump sum. Ijtive Alternate Bid No. 2 Consisting of all work to remove 5 existing windows and replace with 5 new impact resistant aluminum storefront windows as shown and in accordance with the plans, specifications and contract documents; complete and in place per lump sum. i TAL BASE BID TOTAL BASE BID + ADDITIVE ALTERNATE NO. 1 TAL BASE BID + T ADDITIVE ALTERNATE NO. 1 + ADDITIVE ALTERNATE NO. 2 T I"' T F 0 0 rn 0 1'- 0) 64 0 X W 1- 1- cn cn 2 U 0 CE 0 0 CO LL ❑ O1 O CJ Z 0 D N 03 LIJ Q UJ {- Z O C7 w z J W D- w p O C.) 1- L4 z o W W Q 0 0 Group R. 26 5ti,TX78415 ~ Z 7 O M^ o 00 rn r yq o o, 00 v� ,c- 64 o 00 o 64 00 0 0) w 69 o 00 in 0 N • o 0 u7 r N r 63 W U II D. Z m "_. 0 o o 64 0 0 rn ID lta 6y 0 0 0 to - v4 0 0 r N '4 0 0 °o o ti egr 0 o n ao at 69 0 0 rn I r -61 0 v v_ ti .- T 69 0 0 0) tai 0) r 64 0 coo U L0 U_ 0 N X N Z - Q = m t w Q V <0 a EL `0 U W U d 1- Z o rn to ri 69 0 '4 0 n m p? '4 Salinas Construction 3734 FM 3006 Pleasanton, TX 78064 Z ❑ 0 2 Q o o m p) r+ o y3 o o Ft. co 64 o O ao ° ~ 44 V 0) 0 6fy o co O u4 1 $1.094,570.0( W 0 re d 1... Z ❑ 0 o0 to W 0) o 69 u_ 0I o 0 h 6R , � KJM Commercial 1814 Holly Road Corpus Christi, TX 78417 Z ❑ O 2 Q 0 0 o 0 o co o 64 0 0 e- V4 0 0 0 � (0 64 0. 0 0 0 o 1/} 0 11) h o 69 $1,078,585.0( UNIT PRICE I 0 0 to o 0 0 '4 0 o 0) '.- 0 o 0 ti co Jn r C. %MO is A ", a.,.,� BROADMOOR SENIOR CENTER IMPROVEMENTS 2008 Project No. 3361 BOND ISSUE 2008 IMIJ 0 J cri r n} f )ESCRIPTION 'p N O C v Z-0 C a ,— = m a) 0 Ng C C c j 0 3 6° > 0 v act 0 d 0 a) L N N to N d �0 10 10 40 0 40 E `p C a1 W cc m 4.. Ti 0 co C 'p E o ). 7 N icC 'O M N O 0 V N t Z 0 0 .pr Q z w p R fl" w a) E c U 3 0 c ro a w r vuu d ',2 0 N O > C 'a o n. c Ia V .0 C C p 0 O R.' 3 a n 0 C o .N,_ C •p. N C fa a) N .y y a 7 U 6 Y N Z v 0 m _ Q N C C Q) '% 'O 5 a) a) 'w E u c y N a) N c pc . "x o' e in E N w c j 0 0 t6 E c N H aBI 010 b N R" $ C a) V a 4 0 U C .N. 3 a° m Opi C N U o C N E c �_ E H C i U N ?{ •N ,� ••E p R Q S f U 3 LQ w Q to Q + w Eii W Q Q F- r z W 1- Z H J Q _ ❑ <r } w W Q co (0 Q H b r z W 1" Z 1- J Q H a ADDITIVE ALTERNATE NO. 2 r — I ( I OF- 1- PROJECT BUDGET BROADMOOR SENIOR CENTER IMPROVEMENTS 2008 PROJECT NO. 3361 August 25, 2009 FUNDS AVAILABLE: Bond Issue 2008 C1P No. 50 ............................. ............................... $1,400,000.00 Total .. ............................... $1,400,000.00 FUNDS REQUIRED: Construction (Leoncitos, Inc.) $997,573.62 Contingencies ( 10%) ....................................... ............................... 99,760.00 Consultant (Chuck Anastos Associates, LLC) ....... ............................... 112,782.00 Reimbursements......... ......... ....... ..... ....... ...... .......... ...... ..... 5,000.00 Misc. (Printing, Advertising, etc.). 2,500.00 Total. ....... ......................... ........ ............. ........ .................... ....... $1,217,615.62 Funds Remaining...... ............................... ............................... $182,384.38 -64- EXHIBIT "D" Page 1 of 1 \ Mproject \ councilexhibits \ exh3361 C. d wg J y ROAD CORPUS o-(Rfsr' BAN PROJECT LOCATION 1651 TARLTON ST CORPUS CHRISTI, TX F.M. 43 1 PROJECT No, 3361 EXHIBIT "E" BROADMOOR SENIOR CENTER IMPROVEMENTS -65- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS it DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 25, 2009 AGENDA ITEM: A. Resolution authorizing City Manager or designee to execute an interlocal cooperation agreement with West Oso Independent School District regarding implementation of a Latchkey Program. B. Ordinance appropriating $110,000 in the General Fund No. 1020 from revenue received from Latchkey program in the West Oso Independent School District; changing FY 2009 -2010 Operating Budget adopted by Ordinance 028252 to increase estimated revenues and appropriations by $110,000 each; and declaring an emergency. ISSUE: The West Oso Independent School District has requested that Parks and Recreation provide a Latchkey program during the 2009 -2010 school year on West Oso Independent School District school grounds. REQUIRED COUNCIL ACTION: Council approval required for appropriation of funds provided for this interlocal agreement with West Oso ISO. PREVIOUS COUNCIL ACTION: none CONCLUSION AND RECOMMENDATION: Staff recommends approval of ordinance and resolution. Sally Gavlik, Director Parks and Recreation Department 826 -3464 sallyQCa�cctexas. com Attachments: Background Information BACKGROUND INFORMATION In July 2009, West Oso Independent School District administrators requested that the Parks and Recreation Latchkey program provide an after school program. The Latchkey program plans to run one site with approximately 170 children beginning September 1, 2009 through June 2, 2010. It is unsure at this time if Latchkey will provide summer programming. The West Oso I.S.D. Interlocal agreement is contingent upon West Oso I.S.D. school board approval. The Interlocal agreement has been reviewed by school personnel and will be signed by the West Oso I.S.D. Superintendent and President of the School Board at the August, 25, 2009 school board meeting. Dr. Garza, West Oso, 1.S.D., Assistant Superintendent has given verbal confirmation that The City of Corpus Christi Parks and Recreation Department will be the sole provider of the After School Latchkey Program for the West Oso I.S.D. 2009 -2010 school year. The City of Corpus Christi Parks and Recreation Department currently operates the Latchkey After School Program at 30 Corpus Christi Independent School District elementary schools and 3 sites in the Flour Bluff Independent School District. This program serves over 2,000 children. The Latchkey Program also operates 5 sites during the summer months with approximately 600 children. The Latchkey Program has been in operation since 1985. The City of Corpus Christi is responsible for the administration of the program, including fee collection, providing and monitoring rules and regulations, hiring and training of staff, lesson plans, provision of supplies and equipment, and the coordination of inspections to determine compliance with health and safety codes. The Corpus Christi, Flour Bluff, and Calallen Independent School Districts provide the building and playground facilities for the Latchkey Program operated during Latchkey's full hours of operation sufficient to meet Latchkey program guidelines. This includes building utilities such as water, gas, electricity and access to telephones for emergency calls. The district agrees to conduct site inspections to determine compliance with applicable safety codes to include fire and gas lines and alarm systems. Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH WEST OSO INDEPENDENT SCHOOL DISTRICT REGARDING IMPLEMENTATION OF A LATCHKEY PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute are Interiocal Cooperation Agreement with West Oso Independent School District regarding implementation of a Latchkey program. The agreement is on file with the City Secretary's office. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 11, 2009 Lisa Aguilar Assistant City Attorney For City Attorney Joe Adame Mayor 1-1:1LEG- DlR1Lisa12009 Resolutions\West Oso latchkey ResolcrhUnictoc Page 2 of 2 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Eiizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott h:ILEG- DERILisa12009 ResolutionslWest Oso latchkey Resoltitradec Page 1 of 1 ORDINANCE APPROPRIATING $110,000 IN THE GENERAL FUND NO. 1020 FROM REVENUE RECEIVED FROM LATCHKEY PROGRAM IN THE WEST OSO INDEPENDENT SCHOOL DISTRICT; CHANGING THE FY 2009- 2010 OPERATING BUDGET ADOPTED BY ORDINANCE 028252 TO INCREASE ESTIMATED REVENUES AND APPROPRIATIONS BY $110,000 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $110,000 in revenue received from Latchkey program in the West Oso Independent School district in the General Fund No. 1020; and changing the FY 2009 -2010 Operating Budget adopted by Ordinance 028252 to increase estimated revenues and appropriations by $110,000 each. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the of August, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: August 11, 2009 By: '-- x1,- — Lisa Agui* Assistant City Attorney for the City Attorney Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott INTERLOCAL AGREEMENT BETWEEN THE WEST OSO INDEPENDENT SCHOOL DISTRICT AND THE CITY OF CORPUS CHRISTI THE LATCHKEY PROGRAM THIS INTERLOCAL AGREEMENT, hereinafter referred to as "the Agreement ", is made by and between the West Oso Independent School District (hereinafter referred to by name or as the "District "), a political subdivision of the State of Texas, and the City of Corpus Christi, a Texas municipal corporation (hereinafter referred to by name or as the "City "), pursuant to chapter 791 of the Texas Government Code, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a child -care and activities program for those elementary students who meet Latchkey's participant guidelines and who attend schools with Latchkey sites ( "Latchkey Program "). WHEREAS, the District agrees to provide funding, building, playground facilities, utilities, and janitorial services for the Latchkey Program; and WHEREAS, both parties endeavor to provide a safe environment for District students; NOW, THEREFORE, the City and District, in consideration of the mutual covenants contained herein, agree as follows: ARTICLE 1..CONTRACT TERM This Agreement begins September 1, 2009, and ends June 2, 2010, subject to the rights of both parties to terminate this Agreement as stated below. Unless terminated in accordance with this Agreement, this Agreement shall automatically continue for an additional term concurrent with the West Oso ISD school year for school year 2010- 2011. ARTICLE 2. DISTRICT RESPONSIBILITIES The District shall have the following obligations and responsibilities pursuant to this Agreement: a. The District agrees to provide building and playground facilities for the Latchkey Program operated by the City during Latchkey's full hours of operation sufficient to meet Latchkey program guidelines. This includes building utilities such as water, gas, electricity, and access to telephones for emergency calls; use of tables, chairs, televisions, and DVD players; and access to restrooms and playground facilities; b. The District agrees to conduct site inspections to determine compliance with applicable safety codes. This includes yearly fire and gas line inspections and continual monitoring and repair of alarm systems and safety equipment; c. The District agrees to provide health care supplies, including lined trashcans, paper towels, and toilet paper for each site; d. The District agrees to provide after - program custodial maintenance, including the emptying of trash containers, the sweeping and mopping of floors, and spray waxing of furniture as needed; and e. The District agrees to provide at least 48 hours advance notice to the City if Latchkey is to be moved to a different area of the building. Space will be in compliance with State licensing regulations. f. The District agrees to provide $85,000 to the City for Latchkey operations under this Agreement. g. The District agrees to only allow City to provide after school care at the District location during the term of this Agreement. ARTICLE 3..CITY RESPONSIBILITIES The City shall have the following obligations and responsibilities pursuant to this Agreement: a. The Latchkey staff is responsible for administration of the entire Latchkey Program, including: (I) Setting and collecting fees, not to exceed $20 per month; (2) providing and monitoring rules and regulations related to student discipline; replacing items that are damaged during the Latchkey Program; (3)Other administrative responsibilities such as hiring and training of staff and coordinating assignments; and (4)Compliance with established Latchkey program guidelines. b. The City will be responsible for the repair or replacement of the facility or equipment that is damaged or lost during the Latchkey Program. The decision as to repair or replacement of a damaged or lost item shall be mutually agreed upon by the City and District. The City will reimburse the District for the damage or Toss at current market value. The District will provide proof of —76— 2 value of damaged or lost items by providing the City with any or all of the following: fixed asset records, purchase order, or copies of invoice; c. The City shall coordinate its site inspections to determine compliance with health and safety codes. Latchkey staff will cooperate with school site personnel to monitor the site for a determination of and response to health and safety hazards; d. The City shall be responsible for all Latchkey Program activities including arts and crafts and structured recreational play. This includes storing such materials at the sites where space allows; e. During the Latchkey Program, the City shall provide the following: cleaning the tops of tables and placing trash in trashcans; cleaning chairs; placing chairs under tables; and returning furniture and fixtures to their original arrangements. For safety purposes, Latchkey personnel will be instructed to not place chairs on top of tables. f. The City shall operate the Latchkey Program each school day at the designated location until 6:00 p.m. The City shall also operate the Latchkey Program for the following additional school holidays: Thanksgiving Holiday: November 23, 2009 through November 25, 2009; Winter Break: December 21, 2009 through December 24, 2009; Winter Break, 2009 through December 31, 2009 Spring Break: March 15, 2010 through March 19, 2010 g. The City will provide Latchkey Program services for District at one school location, with maximum number of participants of 170 participants. ARTICLE 4..USES OF DISTRICT INFORMATION AND RECORDS BY THE CITY The City may, from time to time, have access to, and use of, confidential student information obtained from the District for the sole purpose of the assistance of District students participating in the Latchkey Program. For students with special education requirements, the District will share information and records with the City regarding said students to ensure that the City's Latchkey Program employees are aware of any individual education plans or special needs for such students, so that appropriate accommodations may be made for such students. The City shall not release or disclose to the public or any third party student information or records without the prior written consent of the parent(s) of the minor in question, except as required by state or federal law. Each party shall take all steps necessary to ensure that the student information and records are viewed only by authorized representatives of the City for the permissible uses stated herein. Said information is considered confidential, and shall not be used by the City or any of its employees or agents for private purposes. The City acknowledges and understands that the unauthorized release of student information or records may subject the individual or entity to criminal and civil penalties. Accordingly, the City will educate and inform its staff regarding the District's "Acceptable Use Guidelines for Technology ", permissible uses of the student information and records obtained from District databases (or other sources), and the Family Educational Rights and Privacy Act (see 20 U.S. C., Section 1232g and 34 C.F.R., Section 90, a seq.). The City further agrees that the information or records disclosed or obtained pursuant to this Agreement will be destroyed by the City after the need for such information ceases to exist. ARTICLE 5..TERMINATION This Agreement may be terminated by any of the following occurrences: A. By mutual agreement and consent in writing by both parties; B. By either party upon thirty (30) days written notice to the other party; C. By either party upon the failure of the other party to fulfill its obligations as set forth in this Agreement. ARTICLE 6..AMENDMENTS Any and all changes to this Agreement may be enacted by written amendment or addendum properly executed by the appropriate representative of each party. ARTICLE 7..ASSIGNMENT Neither party shall assign, sublet or transfer its interests in this Agreement without the prior written consent of the other party. ARTICLE 8..CONSIDERATION Expenses incurred through Latchkey Program activities are the City's responsibility. Facility and site expenses are the District's responsibility. ARTICLE 9. _LICENSING The City will maintain all licenses as may be required by the State of Texas. Monitors for Latchkey sites may make random visits to determine compliance with State guidelines. ARTICLE 1 0..SITES Site selection is based on need for services as determined by community survey(s) and by availability of required space and fixtures. Selection is also based on access to restrooms, janitorial service availability, and other criteria as determined by the District and the City's Park & Recreation Department. Current space requirements are a minimum of 30 square feet of indoor play space per child. If the City is cited for —78— 4 licensing violations that are due to facility non - compliance issues, the City reserves the right to cease operating the Latchkey Program at that site based upon the compliance date established in the citation unless the District chooses to remedy the non- compliance at its cost or allows the City the right to implement non - structural remedies at its cost. ARTICLE 11..LIMITATION ON LOCATION Notwithstanding Section 10 above, all activities conducted in accordance with this Agreement must be conducted exclusively on a school campus of the West Oso Independent School District pursuant to this Interlocal Agreement. ARTICLE 12..CONTROL OF FACILITIES AND ANNOUNCEMENTS The District does not give up ultimate control of the facilities and retains the right to enforce all necessary laws, rules and regulations, as well as the right to make announcements as the District may deem necessary in the interest of public safety. The City will cooperate and cause its agents and employees to cooperate with the delivery of such announcements. ARTICLE 13. - LIABILITY To the extent permitted by law, neither party shall be responsible to the other for personal injuries, losses, claims, damages, or demands caused by the acts or omissions, if any, of such party or its agents, employees, contractors, patrons, guests, licensees, or invitees related to the City conducting the Latchkey Program at District sites. Liability, if any, of either party shall be that prescribed by the laws of the State of Texas. ARTICLE 14. - PUBLIC HEARINGS Pursuant to the Texas Education Code, Section 33.902, the District is required to annually consider, during at least two (2) public hearings, the need for, and availability of, child care before, after, or both before and after, the school day, and during school holidays and vacations for the District's school -age students. The public is notified of the hearings through advertisements in the Corpus Christi Caller -Times and press releases distributed to the media. ARTICLE 15.- PROGRAMMATIC CHANGES If the City and District determine that programmatic changes are necessary that modify the responsibilities of either party as set forth in this Agreement, the City Manager and the District's Superintendent of Schools must mutually agree to the change(s) before they are implemented. ARTICLE 16. - NOTICES —79— 5 All notices from either party to the other required under this Agreement shall be personally delivered or mailed to such party at the following address: For the City: For West Oso J.S.D.: Ms. Sally Gavlik, Director City of Corpus Christi Parks & Recreation Department P.O. Drawer 9277 Corpus Christi, Texas 78469 -9277 West Oso T.S.D. P. 0. Drawer 110 Corpus Christi, Texas 78403 ARTICLE 17. - APPROPRIATION OF FUNDS The City and District agree that the performance of each is subject to the ability of the parties to provide or pay for the services required under this Agreement. The City and District acknowledge that this Agreement between them is entered into in accordance with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In accordance with said Act, the parties hereto acknowledge that any payments made pursuant to the terms of this Agreement shall be made from current revenues available to the paying party, and any future payments are subject to appropriations. ARTICLE 18. - EQUAL OPPORTUNITY The parties shall provide all services associated with the subject matter of this Agreement in compliance with the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 (34 C.F.R., Section 106, et seq.), and all other applicable federal and state nondiscrimination sfatutes or laws. ARTICLE 19. - LAW GOVERNING AND VENUE The parties agree that the law governing this Agreement shall be that of the State of Texas, and that any disputes arising under this Agreement shall have venue in a State District Court of Nueces County, Texas. ARTICLE 20. - MEDIATION The parties agree that any dispute that may arise under this Agreement shall be first submitted to mediation in an attempt to resolve any such dispute before litigation is filed. The parties may seek injunctive relief from a Nueces County District Court prior to —80— 6 mediation if there is an imminent risk of loss or damages. ARTICLE 21. - FORCE MAJEURE Each party hereto shall be excused from performance hereunder for any period and to the extent that it is prevented from performing any act, in whole or in part, as a result of delays caused by the other party, or an act of God, war, civil disturbance, court order, labor disputes, third party non - performance, or other cause beyond its reasonable control, including, but not limited to, failures or fluctuations in electrical power, heat, Tight, air conditioning, or telecommunications equipment. Such non - performance shall not be a default or a ground for termination under this Agreement. WHEREAS, the City of Corpus Christi and the West Oso Independent School District agree to the terms as set forth above, this Agreement shall be effective upon full execution of the Agreement by the proper authorities of each entity, after approval by the governing bodies of such entities, if required by law. SIGNED: THE CITY OF CORPUS CHRIST I WEST OSO INDEPENDENT SCHOOL DISTRICT `Angel R. Escobar, City Manager Date: Armando Chapa, City Secretary President Board of Trustees Date: Superintendent Date: Reviewed and Approved by City's Reviewed and Approved by District's Legal Counsel Legal Counsel Lisa Aguilar, Assistant City Attorney For City Attorney Counsel Date: Date: 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 18, 2009 AGENDA ITEM: An ordinance revising section 12 -7, Code of Ordinances, City of Corpus Christi, To allow swimming in the Corpus Christi Marina during special events approved by the Marina Superintendent; providing for penalties; providing for severance; and providing for publication. ISSUE: Council is requested to approve the amendment to revise section 12 -7, Code of Ordinances, City of Corpus Christi, to allow swimming in the Corpus Christi Marina during special events approved by the Marina Superintendent; providing for penalties; for severance; and providing for publication. REQUIRED COUNCIL ACTION: City Council's action is required for ordinance amendments. PREVIOUS COUNCIL ACTION: Section 12 -7 was last amended in Ord. No. 027499 on November 20, 2007. CONCLUSION AND RECOMMENDATION: Staff recommends approval of this ordinance. Peter M. bavidson Marina Superintendent peterd(a?cctexas.com 361.826.3983 Attachment - Background BACKGROUND INFORMATION The first annual "Corpus Christi Open Water Festival" will be held September 26 -27, 2009 at the Corpus Christi Marina, Lawrence Street T -Head. The event is sponsored by American Bank, the Convention and Visitors Bureau and many other prominent businesses. Individuals between the ages of 8 and 98 can participate in the Festival. Several Olympic swimmers participating in this event collectively bring approximately twenty Olympic medals of which 13 are gold. Premier Management Group together with USA Swimming are the organizations that will bring this event to the City of Corpus Christi. Page 1 of 3 AN ORDINANCE REVISING SECTION 12 -7, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO ALLOW SWIMMING IN THE CORPUS CHRISTI MARINA DURING SPECIAL EVENTS APPROVED BY THE MARINA SUPERINTENDENT; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 12 -7, Code of Ordinances, is revised to read as follows: Sec. 12 -7. Bathing, swimming and wading prohibited in certain waters. (a) It shall be unlawful for any person to go into any of the following described waters for the purpose of bathing, swimming., or wading: (1) Except during special events that have been approved, with conditions, by the city's marina superintendent, all Al-kthe water within the rock breakwater extending from eastern terminus of Market Street to the point on Shoreline Drive where the southernmost portion of such breakwater ends, such point being near to and immediately south of the eastern terminus of Broadway Court. (2) Ali the waters within the Corpus Christi ship channel and turning basins appurtenant thereto. (3) All of the waters of the Nueces River from the Calallen plant or reservoir and for one -half ( 112) mile upstream from the intake. (4) From the public docks or from boats within the harbor. (5) Any private swimming pool without the consent of the owner thereof. (6) The navigable waterway of Packery Channel from the east side of the John F. Kennedy Causeway to the end of the jetties in the Gulf of Mexico. 11 It shall be unlawful for any parent or guardian of a minor, or any person standing in loco parentis to a minor, to knowingly permit such minor to violate this section. SECTION 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the MARINA SWIMMING ORD 08102009 —87— Page 2 of 3 definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. MARINA SWIMMING ORD 08102009 —88— Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the _ day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. _ Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: 10th day of August, 2009: R. J etfiing Firs Assistant ity Attorney For City Attorney MARINA SWIMMING ORD 08102009 —89— 10 AGENDA MEMORANDUM AGENDA ITEM: August 18, 2009 Ordinance revising Section 16 -4, Code of Ordinances, City of Corpus Christi, to authorize the presiding officer to waive or reduce the technical construction codes fees after a declaration of a local state of disaster; providing for severance; and providing for publication. ISSUE: In discussion during Presentation Item No. 26 of the City Council meeting of May 26, 2009, staff received direction to investigate the possibility of reducing or waiving building permit fees in the aftermath of a catastrophic event such as a hurricane. An ordinance providing the code amendments necessary to allow for these fee reductions has been developed by staff. RECOMMENDATION: Staff recommends - pproval of the ordinance as presented. tfatt Juan Perales Jr., P.E. Interim Assistant City Manager for Development Services ATTACHMENTS: Exhibit A. Background Information Exhibit B Proposed Ordinance Amendment, Chapter 16, Emergency Management AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City's Code of Ordinances, Chapter 14, Development Services, Section 14 -1301, requires that the published fees be assessed for all building construction, improvements, or repairs that fall under the applicable technical construction codes. In the event of a disaster such as a significant hurricane event, there will be an urgent need to expedite a large number of permits for all types of building repairs. In addition, financial resources available to the various residents of the City could become an issue in this situation, and could interfere with the timely issuance of permits and execution of emergency repairs. The City's Code of Ordinances, Chapter 16, Emergency Management, Section 16 -4, "Authority to issue orders in the interest of public safety and welfare ", allows the presiding officer (Mayor or authorized representative) to enact various administrative measures in the public's interest. The authorities specifically listed in this code section do not currently include the reduction or waiver of fees such as those associated with building repairs. The agenda for the May 26, 2009 City Council meeting included Presentation Item No. 26, "Department of Development Services Progress Update ". Discussion during this presentation included permit fees and processes associated with emergency situations. During this discussion, staff was asked to investigate the possibility of reducing or waiving building permit fees in the aftermath of a catastrophic event such as a hurricane. Staff has developed the code amendments to provide for these fee reductions and waivers, and the ordinance necessary to enact them is attached. Exhibit A Page 1 of 1 Page 1 of 3 AN ORDINANCE REVISING SECTION 16 -4, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO AUTHORIZE THE PRESIDING OFFICER TO WAIVE OR REDUCE THE TECHNICAL CONSTRUCTION CODES FEES AFTER A DECLARATION OF A LOCAL STATE OF DISASTER; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 16 -4, Code of Ordinances, is revised to read as follows: "Sec. 16-4. Authority to issue orders in the interest of public safety and welfare. "(a) After the declaration of a local state of disaster, the presiding officer may in the interest of public health, safety, and welfare, subject to confirmation or revocation by the city council, issue proclamations, orders, or regulations, which shall have the force and effect of law, to: "(1) Evacuate all or part of the population of an area of the city that has been stricken or is threatened, if necessary for the preservation of life or other disaster mitigation, response, or recovery effort. "(2) Prescribe routes, modes of transportation, and destinations in connection with an evacuation. "(3) Control ingress and egress to and from a disaster area and any areas that may be adversely effected by riot, unlawful assembly, threat of violence, or an imminent natural or man -made disaster, and may control the movement of persons and the occupancy of premises in those areas. "(4) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles, including fuel for vehicles "(5) Establish general or limited curfews and blockades, regulating or prohibiting any person from being, remaining, loitering, or congregating on any street, alley, park, public property, or any other place that may be specified. "(6) Suspend or limit the use of utilities. "(7) Implement other security measures necessary to protect life and secure property. "(8) Protect life and property by such means as are imminently necessary and authorized under law. DISASTER FEE WAIVER ORDINANCE 06172009.DOC —95— Page 2 of 2 "(9) Suspend or modify the formal bidding requirements for purchase of goods and services, as authorized by state law. "(10) Suspend or modify the requirements for an itinerant vendor's permit, electrician license, and similar regulations so as to give due consideration to the license, certificate, or other permit issued to a person by any state or any political subdivision of any state evidencing qualifications for professional, mechanical, or other skills, so that the person may render aid involving the skill to meet the emergency or disaster. "(11) Establish temporary emergency housing, for persons needing shelter, notwithstanding any limitations in the zoning ordinance, or deed restrictions. "(12) Establish temporary wage, price, and rent controls and other economic stabilization methods. "(13) Implement all or portions of the city's emergency management plan. "(14) Waive or reduce the technical construction codes fees in Section 14 -1313. "(b) The mayor may delegate the authority to issue additional implementing orders, which are necessary to carry out the mayor's orders and to protect the public health and welfare, to the city manager or another official designated by the city manager. "(c) The city council may continue, renew, enact, or terminate any of the measures enumerated in subsection (b) (a) of this section." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. DISASTER FEE WAIVER ORDINANCE 06172009.DOC —96— Page 3 of 3 That the foregoing ordin nce was r ad for the first time and passed to its second i+� i,LSk , 2009, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott reading on this the day of Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: z day of4 v� , 2009: R. JR ing First Assistant City Attorney For City Attorney DISASTER FEE WAIVER ORDINANCE 06172009.DOC —97— 11 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: August 18, 2009 Public hearing and first reading of the ordinance to consider abandoning and vacating a 26,971 - square foot portion of undeveloped and unsurfaced, dedicated public right -of -way (Nile Drive), located west of the Ennis Joslin Road public right -of -way; subject to compliance with the specified conditions. ISSUE: The Texas A &M University System (TAMUS) is requesting the abandoning and vacating of the 26,971- square foot portion of undeveloped and unsurfaced (Nile Drive) dedicated public right -of- way, located west of Ennis Joslin Road, as part of the Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A &M University System. REQUIRED 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. PRIOR COUNCIL ACTION: October 16, 2007, Ordinance # 027451 - Council approved and granted 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 Joslin Road and Nile Drive, including the South Guth Park; and authorizing the City Manager to take all further actions to effect the Gift and Conveyance. RECOMMENDATION: Staff recommends approval of the ordinance as pre ented. Attachments: Exhibit A - Exhibit B - Exhibit C Exhibit D Background Information Ordinance - Site Location Map — Ordinance No. 027451 j(ak Juan Perales, Jr, P.E. Interim ACM of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Texas A &M University System (TAMUS) is requesting the abandoning and vacating of the 26,971- square foot portion of undeveloped and unsurfaced (Nile Drive) dedicated public right -of- way, located west of Ennis Joslin Road. The dedicated ROW to be abandoned and vacated is located in an "R-1A" One - Family Dwelling District. The cessation of use of this portion of dedicated public right -of -way (Nile Drive) as a public street resulted from the Nile Drive realignment at the Ennis Joslin Road intersection (Spur 3). This portion of Nile Drive right of way and surrounding lands were given to Texas A &M University - Corpus Christi under a Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A &M University System, on October 16, 2007, under Ordinance # 027451. All public and franchised utilities were contacted regarding this closure request. City Water Department has two water mains (12" & 16 ") within the proposed street closure and is requiring that the owner retain a minimum 20 -foot wide utility easement for the water mains or relocate the water main at owner's expense. City Wastewater Department has a 42 -inch RCP sewer line within the undeveloped and unsurfaced public right -of -way and required that a utility easement be retained or that the sewer main be relocated at the owner's expense. The City Wastewater Department is requesting a 50' ingress/ egress easement connecting the Oso Treatment Plant main entrance with Ennis Joslin Road (Spur3). The Storm Water Department has an existing 36" RCP storm sewer line within the right -of -way and is requiring that a utility easement be retained within the right -of -way. AEP has overhead electrical facilities within the undeveloped and unsurfaced public right -of -way and required that a utility easement be retained or that their facilities be relocated at owner's expense. Grande Communications has aerial cable on AEP poles located within the undeveloped and unsurfaced public right -of -way and required that a utility easement be retained or that their facilities be relocated at owner's expense. Payment of the fair market value will be postponed until a later date, based on the Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A &M University System. Under the provisions of the agreement, at such time a third party sale occurs, fair market value will be established and due. EXHIBIT A Papa 1 of 1 ORDINANCE ABANDONING AND VACATING A 26,971 - SQUARE FOOT PORTION OF UNDEVELOPED AND UNSURFACED, DEDICATED PUBLIC RIGHT -OF- WAY (NILE DRIVE), LOCATED WEST OF THE ENNIS JOSLIN ROAD PUBLIC RIGHT -OF -WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, The Texas A &M University System (TAMUS) is requesting the abandoning and vacating of a 26,971- square foot portion of undeveloped and unsurfaced, dedicated public right -of -way (Nile Drive), which is located west of the Ennis Joslin Road public right -of -way, as part of the Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A &M University System, in order to allow for the realignment to the Nile Drive public right -of -way at the Ennis Joslin Road intersection; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, August 18, 2009, 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 utility easement, subject to the provisions below. (Exhibit A, Location Map and Exhibit B, Map of proposed R.O.W. closure, attached) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 26,971 - square foot portion of a undeveloped and unsurfaced, dedicated public right -of -way (Nile Drive), as recorded in Volume A, Pages 41 -43, of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: A) Staff recommends that payment of the fair market value be postponed until a later date, based on the Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A &M University System, at which time a third party sale occurs the fair market value will be established and due. B) City Water Department has two water mains (12" & 16 ") within the proposed street closure and is requiring that the owner retain a minimum 20 -foot wide utility easement for the water mains or relocate the water main at owner's expense. ht \ LEG- DIR\Shared \LEGAL- DEV.SVCS12009 Agenda18- 1810-4-91 ndon- vacate ROW - Nile- Ennisjoslin.doc Pag32of3 C) City Wastewater Department has a 42 -inch RCP sewer line within the undeveloped and unsurfaced public right -of -way and required that a utility easement be retained or that their sewer line be relocated at owner's expense. D) Storm Water Department has an existing 35" RCP storm sewer line within the right -of -way and is requiring that a utility easement be retained within the right -of -way. E) AEP has overhead electrical facilities within the undeveloped and unsurfaced public right -of -way and required that a utility easement be retained or that their facilities be relocated at owner's expense. F) Grande Communications has aerial cable on AEP poles located within the undeveloped and unsurfaced public right -of -way and required that utility easement be retained or that their facilities be relocated at owner's expense. G) City will be retaining a 50 -foot wide utility easement within a portion of the undeveloped and unsurfaced public right -of -way for maintenance of existing utilities. H) City will be retaining a 50' ingress /egress easement connecting the Oso Treatment Plant main entrance and Ennis Joslin Road (Spur 3). 1) Upon approval by Council and issuance of the ordinance, all grants of street closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services. H:1 LEG- DIR1Shared \LEGAL- DEV.SVCS12009 Agenda18- 181O-4- Qbaridon- vacate ROW - Nile- EnnisJoslin.doc Page 3 of 3 That the foregoing ordina ce was read or the first time and passed to its second reading on this the l day of ,LArti(s , 2009, by the following vote: Joe Adame 5'`C Priscilla Leal Chris N. Adler Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Avy John E. Marez 4' Armando Chapa City Secretary APPROVED as to form: August 12, 2009 By eborah Walther Br Assistant City Attorney For City Attorney Joe Adame Mayor H:ILEG- D1R1Shared \LEGAL- DEV.SVCS12009 Agenda18- 1 810 7 4 -415 don- vacate ROW - Nile - EnnisJoslin.doc Oso Beach Golf os Pharaoh Valley LOCATION MAP Exhibit A f CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division 361- 826 -3500 Dote: 04 -30 -2008 File; C:\PROJECTS\OSO AND NILE EASEMENT Drawn By: M. ANDR4DE EXNIBRS \DWC\LOCATION MAP.DWC Checked Byr. 0. NESMITH —1 06— Pminr!• .T31R corm 1 !Sr 1 5- � 0 0 i�� � N n� CC 0 I- U O I ▪ VI I L- V) 0 F- Z ri �;'S I • am n0 '`'oa I ") °o no w v. cm S ri ao M fi = ,.1„ .r On ,p�0�0 m VI CS '''D 0I- -1-F--¢ M 0_ `ti • av'Ma p¢►�Q� 11 X N 1 az ���� cxJUC) z z 0 Q_ 0 r� • ainac.D of Lai CD I- 1.61 I- SF.i; ON .: 0 Lai Lai Uo re e» 0 CI • Ult co a.CZ 0 0 0 0 u in ti • g u � C#1 PROPOSED R.O.W. CLOSURE -107 - vhihit R Oso Beach Golf 4- Pharaoh Valley LOCATION MAP EXHIBIT C CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division 361-826-3500 Date: 04 -30 -2008 Drawn By: M. ANDRADE Checked By: 0. NESMITH —1 08 — Project: 3316 File: C:\PROJECTS\OSO AND NILE EASEMENT EXHIBITS\OWG\LOCATION MAP.DWG iJC1T TC] SrM F SHEET 1 OF 1 Page 1 of 3 AN 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 JOSUN ROAD AND NILE DRIVE, INCLUDING SOUTH GUTH PARK; AND AUTHORIZING THE CITY MANAGER TO TAKE ALL FURTHER ACTIONS TO EFFECT THE GIFT AND CONVEYANCE WHEREAS, Texas A&M University- Corpus Christi (TAMU -CC) represents a significant asset to Corpus Christi and the region providing education and research that benefits the State of Texas and TAMU -CC has established itself as a world -class institution attracting students locally, regionally, nationally, and internationally; and WHEREAS, TAMU -CC has become home to institutes such as the Conrad Blucher Institute and the Harte Research institute for Gulf of Mexico Studies and because the benefits of resew initiaatives including the Early Childhood Education Center and the PULSE! Project distinguish this area and support the foundations for sustainable economic growth; and WHEREAS, TAMU -CC has a significant economic impact on our community vwth an estimated direct impact of $23 million annually for every 1000 students, and WHEREAS, growth in enrollment and facilities at TAMU -CC will soon use up all the available space on the current Ward Island Campus site precluding additional growth and because the majority of adjacent areas have developed and are impractical for consideration for expansion, and WHEREAS, officials at TAMU -CC may have io cap enrollment if •a site for campus expansion cannot be identified and secured, and WHEREAS, after extensive review of areas for potential campus expansion, the Texas A &M University System has expressed interest in acquiring certain city - owned property along Ennis Joslin Drive, in the vicinity of Nile Drive, including the property designated and used as South Guth Park, and WHEREAS, research, education, and urban planning employed by TAMU -CC supports sound ecological principles as demonstrated by the beauty and design of the campus; and 027451 NaECI- aia►sr,. .eyMeganda12oan10-i 5104- TAMU- CC-orrt DS$d.doc —109— Page 2 of 3 WHEREAS, the City Council desires to further consider assisting the expansion of the TAMU -CC campus; and WHEREAS, pursuant to Chapter 28 of the Parks & Wildlife Code, the City Council on September 25, 2007, held a public hearing to receive clearly enunciated local preferences conceming the conveyance of South Guth Park to the Texas A&M University System for the expansion of the Texas A&M University- Corpus Christi campus and determined that no feasible and prudent alternative existed prior to taking or using a public park for a non -park purpose, such public hearing held after three weekly notices of the public hearing first published not less than 30 days prior to the public hearing, particularly on Thursday, August 30, 2007, Thursday, September 6, 2007, and Thursday, September 13, 2007, in The Corpus Christi Ca1Jer- Times. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute the 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 related to the conveyance of 140.39 acres of land, in the vicinity of Ennis Joslin Road and Nile Drive, including South Guth Park, upon delivery of the metes and bounds descriptions of the property and desired easements, and authorizing the City Manager, or his designee, to take all further actions to effect the gift and conveyance. A copy of the Dedaration of Gift and Agreement is attached. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Coundl finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 18th day of October, 2007. ATTEST: Armando Chaps City Secretary APPROVED as to form: October 10, 2007 ryNV. Smith Assistant City Attorney For the City Attorney CITY ' - CORPUS CHRISTI Henry Garrett Mayor KILEc- nIa+sn.,salOwyS∎agena.►xoon )- 1810re.raMu -cc-01n Osed.aoo Page 3 of 3 Corps Christi, Texas day of ,th, 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, - Respectfully, H = ny Garre Mayor, City of Corpus Christi Council Members The above ordinance was passed by the fol • ng vote: Henry Garrett Melody Cooper Larry. Eiiz_ondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 027451 H:► G-011na+unu .ndiarAso-1610rd- TAIAtrcFOM Deed Ace AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Background and Purpose of Resolution Texas A&M University - Corpus Christi has experienced growth that has occupied virtually all of the developable land on Ward island. The projections indicate that the University will continue to grow. In order to accommodate the current and future needs of the University, additional land is required for the expansion of facilities and the relocation of non- academic facilities to allow the highest and best use of the limited land on Ward Island. The University is a significant economic engine in the community. It is estimated that every 1,000 students at the University has a direct impact of $23 million annually. The University has conducted an extensive review of areas for potential campus expansion and founa that the majority of the adjacent areas have developed and are impractical for consideration for expansion. As a result, the University desires to expand to and that is close to the present campus on Ward Island. City and University staff have identified land that belongs to the City near the intersection of Ennis Joslin Drive and Nile Drive. The land includes land currently used for a drainage way, a buffer zone for the Oso•WastewaterTreatrnent- Plant, and -South Guth Park. The City has been in discussions with the University over the land required for the expansion of the University and staff believes that a conveyance of the land can be negotiated with the University, while providing for the continued drainage of the watershed that utilizes the drainage way, preserving the required buffer zone for the wastewater treatment plant, and providing new and alternate athletic fields for the leagues that currently use the facilities at South Guth Park. On August 21, 2007, City Council directed staff to provide notice of and schedule a public hearing on the change in use of the parkland, pursuant to Texas Parks and Wildlife Code, Chapter 26. Notice of the public hearing was published in The Corpus Christi Caller-Times on Thursday, August 30, 2007, Thursday, September 6, 2007, and Thursday, September 13, 2007. The public hearing was conducted during the City Council meeting on September 25, 2007. At that time, City Council adopted Resolution No. 027432, in compliance with Section 26.001 of the Parks and Wildlife Code. After considering clearly enunciated local preferences, City Council found that there is no feasible and prudent alternative to the use of such land and that the program or project (the conversion from park to college campus) and found that the plan includes all reasonable planning to minimize harm to the land, as a park, resulting from the use-of the property as a college campus. Plans have been made to relocate the recreational activities to other suitable sites with new facilities. A new neighborhood park for the area is planned. The proposed ordinance authorizes the City Manager to execute the 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 and further authorizes the City Manager to take all further actions to effect the conveyance and transfer. The City Manager will not execute the Declaration of Gift and Agreement until the meters and bounds of the property and the desired easements are received. The Declaration of Gift and Agreement provides for the "gifting" of the property to the Texas A&M University System for use of the property for a public purpose related to higher education. The System will have used the property when funds have been appropriated for the construction of improvements, when actual construction of improvements occurs, or when the property is used for conducting research or educational activities in support of the educational mission and activities of the System. H :LegDir /Sharedlgwslagende/2067t 10- 161ResA &MGMagentlememo k _ AGENDA MEMORANDUM AGENDA ITEM: October 16, 2007 An 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 Joslin Road and Nile Drive, including South Guth Park; and authorizing the City Manager to take all further actions to effect the gift and conveyance. ISSUE: The Ward Island campus of Texas A&M University- Corpus Christi is not sufficient for the future needs of the University. City -owned property near the intersection of Ennis Joslin Drive and Nile Drive, including South Guth Park, is well situated to provide additional campus space for the expansion of the University. The proposed ordinance authorizes the City Manager, or his designee, to execute the 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 the 140.39 acres of land and authorizing the City Manager or his designee to take further actions to effect the gift and conveyance. REQUIRED COUNCIL ACTION: Adoption of the proposed ordinance authorizing the City Manager, or his designee, to execute the 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 Joslin Road and Nile Drive, including South Guth Park, and authorizing the City Manager to take all further actions to effect the gift and conveyance. RECOMMENDATION: Staff recommends approval of the proposed resolution. Mary 2142, Fisc City ey Attachment: Exhibit Diagram of property proposed for conveyance to Texas A&M H- ILEG-DIRl5heredlGaryMagenda12007110- 161AgeMem A&M Gitt.doc The Declaration of Gift and Agreement provides that if the System determines that it will no longer use the property for a public purpose related to higher education, or if they decide to sell all or a portion of the property, the City will have a right of first refusal to repurchase that portion of the property no longer to be used for higher education purposes for the value of the improvements that the System has constructed on that portion of the property. A method of valuation is established in the Declaration of Gift and Agreement. The necessary easements for the continuation of utility service and for the operation of the Oso Wastewater Treatment Plant are reserved. The Declaration of Gift and Agreement provides for relocation of such easements at the System's expense, upon approval of the City. The Declaration of Gift and Agreement provides that the City will abandon and vacate that portion of Nile Drive that divides the property upon the request of the System. The Declaration of Gift and Agreement allows the leagues to continue to use of the park facilities for up to five years until the new facilities are completed and ready for league play. ThP Svctam will ppv It eXPeneoe of that r!oeir ,f the gft H:LegpuI Shared /gwaleger W2OO7llO-161ResA &MGIhegendamemq 4: Page 1 of 3 AN 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 ANM UNIVERSITY- CORPUS CHRISTI RELATING TO THE CONVEYANCE OF 140.39 ACRES OF LAND IN THE VICINITY OF ENNIS JOSLIN ROAD AND NILE DRIVE, INCLUDING SOUTH GUTH PARK; AND AUTHORIZING THE CITY MANAGER TO TAKE ALL FURTHER ACTIONS TO EFFECT THE GIFT AND CONVEYANCE WHEREAS, Texas A&M University- Corpus Christi (TAMU -CC) represents a cirtnifrant aafiA* to [`nrni re r.hristi aryl *pa raninn nrnviriinn orii rrafinn anri research that benefits the State of Texas and TAMU -CC has established itself as a world -class institution attracting students locally, regionally, nationally, and internationally; and WHEREAS, TAMU -CC has become home to institutes such as the Conrad Blucher Institute and the Harte Research Institute for Gulf of Mexico Studies and because the benefits of research initiatives including the Early Childhood Education Center and the PULSE! Project distinguish this area and support the foundations for sustainable economic growth; and WHEREAS, TAMU -CC has a significant economic impact on our community with an estimated direct impact of $23 million annually for every 1000 students, and WHEREAS, growth in enrollment and facilities at TAMU -CC will soon use up all the available space on the current Ward Island Campus site precluding additional growth and because the majority of adjacent areas have developed and are impractical for consideration for expansion, and WHEREAS, officials at TAMU -CC may have to cap enrollment if a site for campus expansion cannot be identified and secured, and WHEREAS, after extensive review of areas for potential campus expansion, the Texas A&M University System has expressed interest in acquiring certain city - owned property along Ennis Joslin Drive, in the vicinity of Nile Drive, including the property designated and used as South Guth Park, and WHEREAS, research, education, and urban planning employed by TAMU -CC supports sound ecological principles as demonstrated by the beauty and design of the campus; and H:1LEG- DIR1SharedlGarySligenda 12 0 0 711 0- 1 610rd !( ift Deed .doc Page 2 of 3 WHEREAS, the City Council desires to further consider assisting the expansion of the TAMU -CC campus; and WHEREAS, pursuant to Chapter 26 of the Parks & Wildlife Code, the City Council on September 25, 2007, held a public hearing to receive clearly enunciated local preferences concerning the conveyance of South Guth Park to the Texas A &M University System for the expansion of the Texas A&M University- Corpus Christi campus and determined that no feasible and prudent altemative existed prior to taking or using a public park for a non -park purpose, such public hearing held after three weekly notices of the public hearing first published not less than 30 days prior to the public hearing, particularly on Thursday, August 30, 2007, Thursday, September 6, 2007, and Thursday, September 13, 2007, in The Corpus Christi Caller- Times. NOW, THEREFORE, RE IT ORnet_NFn RV TNR (ITV r•nl tur*1I nF TN= r►ITV OF CORPUS CHRISTI, TEXAS: �^ SECTION 1. That the City Manager, or his designee, is authorized to execute the 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 related to the conveyance of 140.39 acres of land, in the vicinity of Ennis Joslin Road and Nile Drive, including South Guth Park, upon delivery of the metes and bounds descriptions of the property and desired easements, and authorizing the City Manager, or his designee, to take all further actions to effect the gift and conveyance. A copy of the Declaration of Gift and Agreement is attached. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 16th day of October, 2007. ATTEST: Armando Chapa City Secretary APPROVED as to form: October 10, 2007 r1 ry UV. Smith Assistant City Attomey For the City Attomey CITY OF CORPUS CHRISTI Henry Garrett Mayor K: 1LEG- DIMShared1Garyslagenda12007110 -1 S1ord - Grft Deed.doc � r 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. Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon K:1LEG- DIMShared1GaryS1agenda 12007110- 1810rd- 111 -9GGitt Deed.doc 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 The CITY OF CORPUS CHRISTI, TEXAS ( "CORPUS CHRISTI') by this instrument (this "Agreement ") expressly declares its intent to give a gift of real property to the BOARD OF REGENTS OF THE TEXAS A &M UNIVERSITY SYSTEM ( "TAMUS ") for the use and benefit of Texas A &M University- Corpus Christi. CORPUS CHRISTI declares that this Agreement supersedes any other oral or written declarations, manifestations of donative intent, or limitations or conditions of gift whether written or oral made by CORPUS CHRISTI at any time regarding the subject of this gift. NOTICE ACCEPTANCE OF THE GIFT DESCRIBED LN THIS AGREEMENT 15 EXPRESSLY CONDITIONED UPON ACCEPTANCE BY ACTION OF THE BOARD OF REGENTS OF THE TEXAS A &M UNIVERSITY SYSTEM AND THE ADOPTION OF AN ORDINANCE BY THE CITY COUNCIL OF CORPUS CHRISTI, AUTHORIZING CONVEYANCE OF THE GIFT PROPERTY. IF THE GIFT IS NOT ACCEPTED BY THE BOARD OF REGENTS ON OR BEFORE JANUARY 1, 2008, THIS AGREEMENT SHALL AUTOMATICALLY TERMINATE AND NEITHER PARTY SHALL HAVE ANY FURTHER RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT TO THE CONTRARY, TAMUS SHALL HAVE THE UNQUALIFIED RIGHT TO TERMINATE THIS AGREEMENT AT ANY TIME PRIOR TO CLOSING BY GIVING NOTICE TO CORPUS CHRISTI. It is CORPUS CHRISTI's specific intent to make a gift to TAMUS for the use and benefit of Texas A&M University - Corpus Christi and to vest all incidents of absolute ownership of the property in TAMUS. CORPUS CHRISTI acknowledges the Board of Regents, in its sole discretion, shall have total control over the use of the Gift Property and the timing of such use. For purposes of this Agreement, the term "use" is defined as a public purpose related to higher education. CORPUS CHRISTI acknowledges that appropriation of funds for construction of improvements, actual construction of such improvements, and intermittent conducting of research or educational activities on the Gift Property, or ary portion thereof, in support of the educational mission and activities of TAMUS constitutes complete compliance by TAMUS with all conditions of conveyance for the Gift Property. Prepared by mime Geseral Camel LIZA Fig 1007.a614741 1. Sale of Gift Property. Should the Board of Regents, at any point in the future and in its sole discretion, determine that all, or a portion, of the Gift Property will no longer be used by TAMUS for a public purpose related to higher education, or the Board of Regents determines that it is in the best interest of TAMUS and the State of Texas to sell all or a portion of the Gift Property, then CORPUS CHRISTI shall have a right -of -first refusal to purchase that portion of the Gift Property no longer being used by TAMUS for a public purpose related to higher education or that will be made available for sale, under terms and conditions as provided in this section. CORPUS CHRISTI shall have sixty (60) days after receipt of written notice of such decision to no longer use the land for a public purpose related to higher education or such sale from TAMUS, to accept the sale or purchase offer and shall notify TAMUS of its exercise to purchase in wriiiug w thin such sixty (50) dey period ,•!: ,•!: CnRPiTS CHRISTI shall be deemed � to not have exercised its right to purchase. If CORPUS CHRISTI exercises its right to purchase, it shall pay as the purchase price, the value of the TAMUS improvements on the property that is no longer being used for a public purpose related to higher education or being sold. The value of the improvements at the time of the sale shall be determined by the procedure below. If CORPUS CHRISTI does not exercise its right to purchase as provided above, then if TAMUS sells all or a portion of the Gift Property to a third party, TAMUS agrees to pay CORPUS CHRISTI the fair market value of the land at the time of the sale, as determined by the procedure below. To establish the fair market value of the Gift Property, the following procedure shall be implemented: A. TAMUS will notify CORPUS CHRISTI in writing of its choice of a Member of the Appraisal Institute to conduct an appraisal of the fair market value of the land and the improvements to be sold (referred to as the "Sale Assets"). B. Within ten (10) days after receipt of the written notice, CORPUS CHRISTI shall notify TAMUS in writing of its choice of a Member of the Appraisal Institute to conduct an appraisal of the Sale Assets. C. Each party will use its best efforts to maintain confidentiality in the appraisal process. The appraisals must be completed and delivered by the appraisers with thirty (30) calendar days after CORPUS CHRISTI's written notice is delivered to TAMUS pursuant to this section. Upon completion of each written appraisal, each appraiser must submit a written opinion of the fair market value of the Sale Assets, together with all back -up documentation requested by either party, to the party which ordered the appraisal. Each party shall pay all costs incident to its appraisal. The appraisals must be submitted by each party to the other. H;i Ditl wWMRlsouthr rkiGihApCCO?O 2O D. If the two (2) written opinions of the fair market value of the Sale Assets differ by more than 10 %, and TAMUS and CORPUS CHRISTI cannot agree upon a sale price supported by the appraisals, then the two (2) appraisers shall agree upon the selection of a third Member of the Appraisal Institute, who will review the two appraisal reports and render an opinion of value. The right of CORPUS CHRISTI to reacquire the Gift Property, or any portion thereof, and all terms and conditions set forth herein related thereto shall survive the Closing of the transaction contemplated herein. This gift of real property consists of three tracts containing a total of 140.39 acres of land, more or less (collectively the "Gift Property") known municipally as South Guth Park (41.91 acres), Nile Drive (2.11 acres) and the land surrounding the Oso Wastewater Treatment Plant (96.37 acres). The Gift Property is identified by metes and bounds and shown on the map attached to this Agreement as Exhibit "A." The gift will be subject to those matters of record listed in a title commitment approved by TAMUS. CORPUS CHRISTI and TAMUS recognize that condemnation powers exist for the acquisition of this Gift Property. The parties have agreed that the Gift Property is necessary to promote a paramount public purpose related to higher and there is no need to resort to litigation in respect to affecting the purposes of this Agreement. After the CORPUS CHRISTI City Council adopts an Ordinance authorizing conveyance of the Gift Property, CORPUS CHRISTI will execute and deliver to TAMUS a Gift Deed in the form of Exhibit "B," attached to this Agreement, for 138.28 acres, more or less, consisting of South Guth Parlc and that land surrounding the Oso Wastewater Treatment Plant, The Nile Drive gift will be made in accordance with Section 4.6 of this Agreement. TAMUS and CORPUS CHRISTI agree that easements shall be established for existing utility lines, existing drainage and an access easement to the waste water treatment plant, as described in Exhibit "C" attached shall be retained in perpetuity by CORPUS CHRISTI for its exclusive use in the Gift Deed conveyance document If CORPUS CHRISTI determines that it no longer has need of one or more of these easements, CORPUS CHRISTI will promptly notify TAMUS of its intent to abandon such easement(s) and will release, by an appropriate written release, such easement(s) to TAMUS without any action or payment being required by or made on behalf of TAMUS. TAMUS and CORPUS CHRISTI further agree that TAMUS may, at its sole expense, relocate existing utility lines and easements, the drainage easement and access to the waste water treatment plant, subject to the approval of CORPUS CHRISTI, which will not be unreasonably withheld. 2. Inspections and Site Assessment At any time during the period beginning on the effective date of this Agreement and continuing through the Closing Date ( "Feasibility Period "), TAMUS may conduct any feasibility studies, tests, inspections, and examinations of and on the Gift Property, which TAMUS considers necessary, including but not limited to: (a) studies of subsurface soil conditions and test borings, (b) environmental studies, which can include testing for asbestos and the presence of any toxic or other hazardous substance in, on, or under the Gift Property, (c) historical investigations, and (d) archeological investigations. TAMUS also has the right to conduct wetland studies, and any other studies, title searches, and surveys, which at TAMUS' sole discretion it deems necessary. TAMUS, its agents and representatives may enter the Gift Property at any reasonable time prior to the Closing Date for the purpose of conducting the above noted tests and examinations. If TAMUS, in its sole and absolute discretion, determines for any reason not to accept the Gift Property, TAMUS may, upon written notice to CORPUS CHRISTI, terminate this Agreement. CORPUS CHRISTI agrees to disclose and deliver to TAMUS all written agreements, commitments, reports, and obligations, if any, which CORPUS CHRISTI has in its control or possession which affect the Gift Property, including prior condition and environmental reports, and to disclose any contingent liabilities associated with the Gift Property. Copies of any such documents must be delivered to TAMUS within ten (10) business days after the Effective Date of this Agreement. 3. Title Commitment and Survey. 3.1 Title Commitment. Within twenty (20) calendar days following the effective date of this Agreement, TAMUS will, at its expense, have a standard form Title Commitment as promulgated by the Texas Department of Insurance ( "Commitment ") covering the Gift Property, issued by a title company acceptable to TAMUS (the "Title Company"), and underwritten by a company acceptable to TAMUS, together with copies of all instruments, if any, referred to in the Commitment as exceptions to title. A copy of the Commitment will be provided to the City Manager of CORPUS CHRISTI. 3.2 Survey. TAMUS will, at its expense, have a current boundary survey of the Gift Property (the "Survey ") prepared by a Registered Professional Land Surveyor licensed by the State of Texas. A copy of the Survey will be provided to the City Manager of CORPUS CHRISTI. 3.3 Review of Title Commitment and Survey. TAMUS shall have a period of fifteen (15) days (the "Title Review Period ") after its receipt of the Commitment in which to review the Commitment and the Survey, and to give written notice to CORPUS CHRISTLspecifying TAMUS' objections (the "Objections "), if any, to the Commitment and the Survey. 3.4 CORPUS CHRISTI's Obligation to Cure; TAMUS' Right to Terminate. If TAMUS shall have timely notified CORPUS CHRISTI in writing of Objections to the Commitment or the Survey, then CORPUS CHRISTI may, but shall not be obligated to, cure the Objections to the reasonable satisfaction of TAMUS within fifteen (15) days following CORPUS CHRISTI's receipt of TAMUS' written Objections (the "Cure Period "). If the Objections are not cured to TAMUS' satisfaction within the Cure Period, then TAMUS shall give written notice to CORPUS CHRISTI and this Agreement shall terminate. 4. Representations and Warranties of CORPUS CHRISTI. CORPUS CHRISTI represents and warrants as of the date hereof and as of the Closing Date (as —2444 —121— r : aiIII.,,raxrscuthP WO' AFcco1O92O hereafter defined) that: 4.1 There is no action, suit, proceeding or claim affecting the Gift Property or any portion thereof nor relating to the ownership, operation, use or occupancy of the Gift Property pending or threatened by or before any authority or governmental instrumentality. 4.2 To its best knowledge and belief, no portion of the Gift Property is the subject of any actual or proposed condemnation or eminent domain proceeding, or any other litigation or proceeding. 4.3 To its best knowledge and belief, no hazardous material has been installed, used, stored or disposed of, in, on or under the Gift Property. 4.4 CORPUS CHRISTI is not prohibited from consummating the transactions contemplated in this Agreement, by any law, regulation, agreement, instrument, restriction, order or judgment. -4.5 CORPUS CHRISTI has full right, title and authority to enter into this Agreement and no other party has any right, option, interest, or claim to all or any part of the Gift Property. 4.6 CORPUS CHRISTI agrees that it will vacate and close that portion of Nile Drive from Ennis Joslin Road to Pharaoh Drive, as more particularly described in Exhibit "A" attached to this Agreement, no later than 60 days after requested by TAMUS and the vacated and abandoned road right -of -way will be conveyed at that time to TAMUS. All of the foregoing warranties and representations shall survive the Closing of the transaction contemplated herein. 5. Closing Date. The closing of the conveyance of the Gift Property (the "Closing ") will be held in the offices of the Title Company on a date (the "Closing Date ") mutually acceptable to TAMUS and CORPUS CHRISTI, but in no event will the Closing be later than thirty (30) days after all approvals have been obtained. 6. Events of Closing. At the Closing: 6.1 CORPUS CHRISTI shall deliver to TAMUS the following: 6.1.1 The Gift Deed in the form of Exhibit `B ". The Gift Deed will retain a ten (10) foot maintenance easement surrounding the Oso Wastewater Treatment Plant, any utility easements CORPUS CHRISTI wants to retain, an access easement to the Oso Wastewater Treatment Plant, and a drainage easement for the creek located north of the Oso Wastewater Treatment Plant. 6J.2 Ta_x certificate or showing chit no ad valorem taxes are due and owing a7a_inst the Gift Property; 6.1.3 Sole and exclusive possession of the Gif Property, subject to Section 4.6 and the lease protiisicri in Section 6.3 below. 6.1.4 Such evidence of the authority and capacity of the person(s) executing the closing documents on behalf of CORPUS CHRISTI as TAWS or its counsel may reasonably require, 6.2 TAMUS shall deliver to CORPUS CHRISTI such evidence of the authority and capacity of TAMUS and its representatives as CORPUS CHRISTI or its ..., c ei WI y r?a cnn aiti1 y r curare. ►.v w.saw vw ..J _ - 6.3 TAMUS will lease to CORPUS CHRISTI the baseball fields in Soutl! Guth Park. The tern: of the lease will be for five (5) years, with consideration being One Dollar ($ 1.00) per year. Either CORPUS CHRISTI or TAMUS may terminate the Lease by giving a one (I) year written notice to the other party. CORPUS CHRISTI will be responsible for all costs to operate these facilities and will indemnify to the extent allowed by the Constitution and laws of the State of Texas and without waiving any exemption from liability or limitations of liability or will require all sports leagues using the fields to provide an insurance policy with TAMUS being a nursed insured for any liability resulting from use of the Gift Property for this purpose. CORPUS CHRISTI may remove any improvements from the site; however, any improvements that remain on the site upon the expiration of the lease will be the property of TAMUS. 7. gxpenses. TAMUS shall pay or cause to be paid all closing costs. 8. Notices. Any notice required or permitted under this Agreement must be in writing, and shall be deemed to be delivered (whether actually received or not) when. deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address set out below. Notice may also -be giver by regular mail, personal delivery, courier delivery, facsimile transmission, email or other commercially reasonably means and will be effective when actually received. TAMUS and CORPUS CHRISTI can change their respective notice address by sending to the other party a notice of the new address. Notices should be addressed as follows: If to CORPUS CHRISTI: George K. Noe City Manager P.O. Box 9,77 Corpus Christi, TX 78469-9177 Tel_ 3661- SS0-3?2O Fax.. 361 -88O -3534 Ii to TAMUS: Dr. Fla i,s C. Killebrew With a copy to: 9. Miscellaneous. President Texas A &M University- Corpus Christi 6300 Ocean Drive Corpus Christi, TX 78412 Tel. 361 -825 -2621 Fax. 361 -825 -5810 Associate Vice Chancellor for Real Estate System Real Estate Office The Texas A &M University System A &M System Building, Suite 1281 200 Technology Way College Station, Texas 77845 -3424 Tel. 979- 458 -6350 Fax. 979 - 458 -6359 9.1 Governing Law and Venue: The validity of this Agreement and all matters pertaining to this Agreement, including but not limited to, matters of performance, non - performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed and determined by the Constitution and the laws of the State of Texas. This Agreement is performable in Nueces County, Texas. Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against TAMUS shall be in the county in which the primary office of the chief executive officer of TAMUS is located. 9.2 Grammatical. Whenever the singular number is used, it includes the plural, and the masculine gender includes the feminine and neuter gender. 9.3 Headings. Headings are for reference only and will not be construed to — limit or alter the meaning of the provisions of this Agreement. 9.4 Entire Agreement. This Agreement constitutes the entire agreement between and among the parties and will not be explained, modified, or contradicted by any prior or contemporaneous negotiations, representations, or agreements, either written or oral. This Agreement can be amended only by a subsequent, mutually agreed to, written instrument. 9.5 Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following Closing will survive Closing and will not be merged. 9.6 Parties Bound. This Agreement is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors in interest or office, and assigns (but this Section does not constitute permission for an assignment). 9.7 Saving Clause. If any one or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, shall be held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such provision shall not be affected thereby. 9.8 party signs. Effective Date. The Effective Date of this Agreement is the date the last 9.9 Counterpart Execution. This Agreement may be executed in several counterparts, each of which shall be fully effective as an onginai and aii of which together shall constitute one and the same instrument. 9.10 Further Acts. In addition to the acts recited in this Agreement to be performed by each party, each party agrees to perform or cause to be performed at the Closing or after the Closing any and all such further acts as may be reasonably necessary to consummate the transactions contemplated hereby. 9.11 Time. Time is of the essence in this Agreement. EXECUTED this the day of , 2007 by CORPUS CHRISTI. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: y Mary Kaf City Attorney "CORPUS CHRISTI" CITY OF CORPUS CHRISTI, TEXAS By GEORGE K. NOE City Manager The gift described in this Agreement is acknowledged by TAMUS, subject to acceptance of this gift by the Board of Regents and compliance with the policies, regulations, and procedures of TAMUS. FLI.gD'eprdradarSCAnkP rrrcinApccAT0920 EXECUTED this day of , 2007 by TAMUS. "TAMUS" BOARD OF REGENTS OF THE TEXAS A &M UNIVERSITY SYSTEM for the use and benefit of Texas A &M University - Corpus Christi By: RECOMMEND ACCEPTANCE: JAY KIMBROUGH Deputy Chancellor and General Counsel The Texas A &M University System FLAVIUS C. KILLEBREW President Texas A &M University - Corpus Christi DAN K. BUCHLY Associate Vice Chancellor for Real Estate System Real Estate Office The Texas A &M University System APPROVED AS TO FORM: EDDIE D. GOSE, J.D. MICHAEL D. MCIONNEY, M.D. Chancellor The Texas A &M University System Assistant General Counsel Office of General Counsel The Texas A &M University System EXHIBIT "A" FIELD NOTE DESCRIPTION OF THE GIFT PROPERTY [TO BE INSERTED LATER] EXHIBIT "B" FORM OF GIFT DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GIFT DEED STATE OF TEXAS COUNTY OF NUECES The CITY OF CORPUS CHRISTI, TEXAS ( "CORPUS CHRISTI "), in support and furtherance of Texas A &M University - Corpus Christi, GIVES, GRANTS, and CONFIRMS unto the BOARD OF REGENTS OF THE TEXAS A &M UNIVERSITY SYSTEM ( "TAMUS "), for the use and benefit of Texas A &M University - Corpus Christi, the following described real property in Nueces County, Texas (the "Gift Property") and being described on Exhibit "A" attached to this Gift Deed and made a part for all purposes. Further, this gift is made by CORPUS CHRISTI and accepted by TAMUS subject to the following reservations and covenants: 1. This conveyance is made subject to all reservations, covenants, restrictions, easements, rights -of -way, and other matters affecting the Gift Property of record in the Real Property Records of Nueces County, Texas, or apparent on the ground. 2. This conveyance does not cover or include any oil, gas and other minerals in and under the Gift Property (except water, rock, stone, sand and gravel and any mineral content of such materials); provided, however, CORPUS CHRISTI, its representatives, assigns, lessees, and successors in title will have no right to and will never enter, explore, drill or engage in any operations of any kind upon the —25 1 ii- ItlAiDiqrodPWUSG APairiGiAApGC010920 surface of the Gift Property for discovery, development or recovery of such oil, gas or other minerals. 3. CORPUS CHRISTI and TAMUS agree it is the intent of TAMUS to use the Gift Property to support the educational mission and activities of Texas A &M University - Corpus Christi. CORPUS CHRISTI acknowledges appropriation of funds for construction of improvements, actual construction, and intermittent conducting of research or educational activities on the Gift Property, or any portion thereof, constitutes compliance by TAMUS with all conditions of Wl1VGrallVG 1V► the Gift L ropc t . 4. TAMUS and CORPUS CHRISTI agree that easements for the existing utilities and a drainage easement, as described in Exhibit "B" attached to this Gift Deed, shall be retained in perpetuity by CORPUS CHRISTI for its exclusive use. If CORPUS CHRISTI determines that it no longer has need of one or more of these easements, CORPUS CHRISTI will promptly notify TAMUS of its intent to abandon such easements) and will release, by an appropriate written release, such easement(s) to TAMUS without any action or payment being required by or made on behalf of TAMUS. S. If TAMUS determines that it no longer intends to use the Gift Property, or any portion, thereof for a public purpose related to higher education or it elects to sell all or a portion of the Gift Property, then TAMUS grants to CORPUS CHRISTI a right -of -first refusal to purchase that portion of the Gift Property that will be made available for sale. If CORPUS CHRISTI exercises its right to purchase, it shall pay as the purchase price, the value of the TAMUS improvements on the property subject to such sale. The value of the improvements at the time of the sale shall be determined in the appraisal procedure established on page 2 of the 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, a copy of which is attached to this H :LgailrwdneRISWITirt/Ge6Ap0:070920 Gift Deed as Exhibit "C" attached to this Gift Deed and made a part for all purposes. 6. In the event CORPUS CHRISTI elects not to purchase such property, and TAMUS sells the property, TAMUS agrees to pay to CORPUS CHRISTI the fair market value of the land at the time of the sale as determined in the appraisal procedure established on page 2 of the 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 e which attach" to fi,iy (lift De& AC university- Corpus C.iuisii, a �vpy G, wi,i�u is u.�.....,........._ — -- -- Exhibit "C" attached to this Gift Deed and made a part for all purposes. TO HAVE AND TO HOLD the above described Gift Property, together with all and singular the rights and appurtenances therein and anywise belonging to TAMUS, its successors and assigns forever, and CORPUS CHRISTI hereby binds itself, its successors and assigns, to warrant and forever defend all and singular the Gift Property to TAMUS, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part of the Gift Property. EXECUTED this the day of , 20_ by CORPUS CHRISTI. ATTEST: "CORPUS CHRISTI" CITY OF CORPUS CHRISTI, TEXAS Armando Chapa City Secretary APPROVED AS TO FORM: Mary Kay Fischer City Attorney By: GEORGE K. NOE City Manager The gift described in this Agreement is acknowledged by TAMUS, subject to acceptance of this gift by the Board of Regents and the gift's compliance with the policies, regulations, and procedures of TAMUS. 25/4 1— s4 pegoWP& vSOuthP IGiMvc 7 9zo EXECUTED this day of , 2007 by TAMUS. "TAMUS" BOARD OF REGENTS OF THE TEXAS A &M UNIVERSITY SYSTEM for the use and benefit of Texas A &M University - Corpus Christi By: MICHAEL D. MCKINNEY, M.D. Chancellor The Texas A &M University System RECOMMEND ACCEPTANCE: JAY KIMBROUGH Deputy Chancellor and General Counsel The Texas A &M University System FLAVIUS C. KILLEBREW President Texas A&M University - Corpus Christi DAN K BUCHLY Associate Vice Chancellor for Real Estate System Real Estate Office The Texas A &M University System APPROVED AS TO FORM: EDDIE D. GOSE, J.D. Assistant General Counsel Office of General Counsel The Texas A &M University System ziHts H: LagD' er jwdPBRrSGuthPv5/CIRnpcCO7O920 STATE OF TEXAS COUNTY OF NUECES ACKNOWLEDGEMENTS § BEFORE ME, the undersigned authority, a Notary Public in and for the City of Corpus Christi, State of Texas, an this day personally appeared GEORGE K. NOE, City Manager for the City of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF UrriCE this uay , 2007. Notary Public, State of Texas My Commission Expires: STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared MICHAEL D. MCKINNEY, M.D., Chancellor for The Texas A &M University System, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it as the act and deed of the Board of Regents of The Texas A &M University System, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this clay of , 2007. Notary Public, State of Texas My Commission Expires: _25 6 3— nsiDeipaft I SGuthPuWGiltAi CC07092p GRANTEE'S ADDRESS: Associate Vice Chancellor for Real Estate A &M System Building 200 Technology Way, Suite 1281 College Station, Texas 77845 -3424 EXHIBIT "B" F i ' N • E ESCRJP ONS OF TH S SE EASEMENTS BEN RET ' + BY u OSING PROPERTY BY TAMUS. TO BE MORE CITY OF CO LY DETERMINED IN THE SU'.VEY OF US CHRIS VATC [TO BE INSERTED LATER) • -1- NOT • TO SCALE ti Como Ocrirli MY 5I TE EMIT MP E 8 t TESAS Al - CORPUS CHRISTI PROJIONARY TRACT ACREAGES TRACT 1 41.51 ACRES TRACT 2 2.11 ACRES TRACT 3 11.37 ACHES TOTAL 14030 AISES 'COO 11AS1ENATEP TRUMPET PLMT n TRACT 4 30.21 ACRES SURVEYOR NOTES LRtlO — pommy . S/S' em NCO SET sir 4011 ROO 11TH cONRAO ✓ CAP NO 1L> O IRA= CAP 4. T7 WOO 100 KEAilg1C SASE O STATE PIMC COORDINATES NA04.1 DAS MUTN P01; 4705 ontiniono imtri leS OPUS CR Oft 30, 1007. U W0IRRA UNITY UNZS AS 01004 F11001 DMA IETINDiD FROJ THE CITY or CORPUS 041131 05 YAP 1T& FEY.A 701JE A 13 NOSES E WA ZONE A 15 (EL 0} SCAM FNMA moo MUNN= RATE M.AP E 111! NA1101A1 FtoC� OTT CF corn 000>1T. DA1 HUMS ANO KERENG COATES PNL. 304 O' 403 CC NUITT -PNEL WNW 455454 0104 C YAP RENOED OW 114 1581 PANEL 303 CF 405 CO RINITY -PNlL mum 403411 0303 C LAP MOM AULY 11. 1154, - 26J37- 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 25, 2009 AGENDA ITEM: Public hearing on proposed ad valorem tax rate increase. ISSUE: The State Property Tax code requires that two public hearings be held when a taxing unit proposes to impose an amount of property taxes that exceeds the preceding year's property taxes. The fiscal year 2009 -2010 adopted budget approved by the City Council on July 29, 2009, includes a proposed tax rate of $0.563846 per $100 valuation, which is the same tax rate used for fiscal year 2008 -2009. Although this rate does not exceed the rollback rate of $0.581837 per $100 valuation, it does exceed the effective tax rate of $0.554865 per $100 valuation, which means it produces more property tax revenues than the preceding year because of increased property values. As a result of this increase in revenues, two public hearings must be held. The first public hearing was held on Tuesday, August 18, 2009, and this is the second public hearing. REQUIRED COUNCIL ACTION: Hold a public hearing to enable taxpayers to express their views on the proposed tax increase. PREVIOUS COUNCIL ACTION: July 29, 2009 — July 29, 2009 — August 18, 2009 — FUTURE COUNCIL September 8, 2009 — City Council adopted the City budget for fiscal year 2009 -2010 based on the proposed tax rate of $0.563846 per $100 valuation. City Council voted to schedule September 8, 2009 for adoption of the ad valorem tax rate of $0.563846 per $100 valuation and voted to schedule two public hearings on the proposed ad valorem tax rate for August 18, 2009 and August 25, 2009. City Council held a public hearing to enable taxpayers to express their views on the proposed tax increase. ACTION: City Council to vote to adopt the ad valorem tax rate of $0.563846 per $100 valuation. September 29, 2009 or October 13, 2009 — Certification of tax levy (subject to receipt fronNueces County Tax Office) CONCLUSION AND RECOMMENDATION: No formal City Council action is required. However at the end of each public hearing, the Mayor must announce that during the September 8, 2009 Council meeting beginning at 12:00 PM at City Hall, the City Council will vote on the proposed tax rate. Constance P. Sanchez Interim Director of Financial Services constancep@cctexas.com (361) 826 -3227 Attachments: Background Information August 9, 2009 publication in Caller -Times — Notice of Public Hearing on Tax Increase August 2, 2009 publication in Caller -Times — 2009 Property Tax Rates —141— BACKGROUND INFORMATION The State Property Tax Code (Code) requires that a taxing unit hold two public hearings when the taxing unit proposes to impose a tax rate that exceeds the lower of the rollback tax rate or the effective tax rate. The effective tax rate is a calculated rate that would provide the taxing unit with about the same amount of revenue it received in the prior year, on properties taxed in both years. It is generally equal to the prior year's taxes divided by the current year's taxable values of properties that were also on the tax roll in the prior year. The rollback tax rate is a calculated maximum rate allowed by law without voter approval. The rollback rate provides the taxing unit with about the same amount of tax revenue it spent the previous year for day -to -day operations plus an extra 8% increase for those operations, in addition to sufficient funds to pay debts in the coming year. This rate divides the overall property taxes into two categories — maintenance and operations (M &O) taxes and debt service (I &S) taxes. The M &O portion of the tax rate is the rate that would be needed to raise eight percent more operating funds than the unit levied in the preceding year. This calculation is similar to the effective tax rate calculation. The I &S portion is the tax rate that will be needed to pay the entity's debt payments in the coming year. This part of the calculation does not depend on the prior year's debt taxes. It only considers what the entity will need for the current year. The portion of the overall rate used to retire debt may rise as high as necessary without triggering a potential rollback. The M &O portion, however, may rise only eight percent. The Certification of 2009 Appraisal Roll received from the Nueces County Appraisal District reports a total certified net taxable value, including 70 % of properties under protest, of $14,440,609,740. This compared to the 2008 certified values of $13,813,335,014 reflects a 4.54% increase in property values. Of this amount, $314,049,537 is attributed to new growth, or 2.17 %. The fiscal year 2009 -20I0 budget approved by the City Council on July 29, 2009, includes a proposed tax rate of $0.563 846 per $100 valuation. The proposed allocation between the General Fund (M &O) and the Debt Service Fund (I &S) for fiscal year 2009 -2010 is $0.364671 and $0.199175 per $100 valuation, respectively, which is the same allocation as in the prior year. In compliance with the financial policies adopted by the City Council on May 19, 2009, the fiscal year 2009 -2010 budget was prepared with the assumption that the City will adopt a tax rate necessary to provide that the General Fund operating revenues equal or exceed the current budgeted expenditures. Although the rate of $0.563846 per $100 valuation does not exceed the rollback rate of $0.581837 per $100 valuation, it does exceed the effective tax rate of $0.554865 per $100 valuation; thus requiring two public hearings. As required by the Code, a "Notice of Tax Revenue Increase" will be published on August 30, 2009 in the Corpus Christi Caller- Times. Public Hearing Notice Published in the Corpus Christi Caller -Times on Sunday, August 9, 2009 Notice of Public Hearing an Tax Increase The City of Corpus Christi will hold two public hearings on a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 1.62 percent (percentage by which proposed tax -rate exceeds lower of rollback tax rate or effective tax rate calculated under Chapter 26, Tax Code). Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. The first public hearing will be held on August 18, 2009, during the City Council Meeting beginning at 12:00 PM at Council. Chambers, City Hall, 1201 Leopard St., Corpus Christi, Texas 78401. The second public hearing will be held on August 25, 2009, during the City Council Meeting beginning at 12:00 PM at Council Chambers, City Hall, 1201 Leopard St., Corpus Christi, Texas 78401. The members of the governing body voted on the proposal to consider the tax increase as follows: FOR: Mayor Joe Adame Council Member Brent Chesney Council Member Larry Eiizondo, Sr. Council Member Priscilla Leal Council Member John Marez Council Member Nelda Martinez AGAINST: PRESENT and not voting: ABSENT: Council Member Mark Scott (none) (none) Council Member Chris N. Adler Council Member Kevin Kieschnick The average taxable value of a residence homestead in City of Corpus Christi last year was $111,339. Based on last year's tax rate of $0.563846 per $100 of taxable value, the amount of taxes imposed last year on the average home was $627.78. The average taxable value of a residence homestead in City of Corpus Christi this year is $113,873. If the governing body adopts the effective tax rate for this year of $0.554865 per $100 of taxable value, the amount of taxes imposed this year on the average home would be $631.84. If the governing body adopts the proposed tax rate of $0.563846 per $100 of taxable value, the amount of taxes imposed this year on the average home would be $642.07. Members of the public are encouraged to attend the hearings and express their views. —143— Tax Rate Information Published in the Corpus Christi Caller -Times on Sunday, August 2, 2009 2N, Property Tax Lltsta In City of Corpas Cbrisd This none cancans 2009 property as rates fir City of Capes Cnist1. It presents illfonsstion shout nee ant zaes. Last yest's talc rate is the ssttul ran the taping unit need to debnuina property tmoes htat yea. This yen's effective tax rate would ienpbtie the same total taxes es test year if you caws properties taxed in both years. This yaws rollback tax sue is the highest mt me.. ale taxing unit can set before tamers can start tax rollback procedures. In each case these rotes are found by dividing the total amours of texas by the tart brae Ohe _ trial value of taxable property) with as required by sg�te °haw. The rates are given per 1100 of WPM value. Inn yeer"s en rain Last yaw's operating notes Last years debt is Lan year's total taroea Last yarns not base Last yads toad tax tote This year's aka lve tea rote: tan years attested texts (after =hooding taxes on lost property) + This yea's adjusted In blue (suer sate( ain►g value of new property) - This yarns etfetaive tax rate Weems rote gluiest !wit pm6lithes notices and hold: Tkb year's replan sea rater Leg yens .dusted operating truces (after =hooting tams on lost property and mbusting far pry transferred fiddler, tax increment fin ain& state criminal justice mandate, and/or enhanced indigent health care expenditures) This yaw's a4jtated tax bus = This yen's effective operating sate s 1.09 — this yam's amino= operating rate + This yen's debt rase = This yesi's total tailback rate 546,924.633 525,629.167 572,553,100 512,167,662,447 0363846 /9100 570.532,332 512,720.630,113 0.55486515100 hearings.) 545,071,413 512,720,630,113 0.354317 /5100 0.382662 /5140 0.199175 1$900 0.581837 /$100 Statement stInaemsfaserease if City of Carpus Christi Moms a 2009 tax rate equal to the effective tax tale of $0.554865 per 5100 dream, taxa would cleanse compared to 2008 teases by 9228,921. Schedule A - Ueeeenmbered Fared Salences The following estimated balances will be left in the unit's property tax accounbr at the end of the fiscal year. These balances are not encumbered by a.conssponding debt obligation. Type of Property Tax Feed italarae Gieseal Fled 524,403,415 Debt Service Fetid 59.314.110 -144- Schedule B - 2009 Debt Service The unit plans to pay the following amounts for long -term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). Prieeipal or latest to be Contract Payment Paid from 011tier Desslpaioa to be Paid from Property Amow is Total of Debt Properly Ta a Tap to be Paid Payaseat 1996 Certificates of 1250,000 512,875 5557 5263,432 Obligation 2000 Certificates of 5680,000 566,978 5775 5747,753 Obligation 2001 General $3,210,000 11,089,631 50 S4,299,631 Obligation 2001A General 5120,000 519,000 5398 5I39,398 Obligation 2002 Certificates of 51,285,000 51,206,773 51,100 52,492,873 Obligation 2002 Sate 51,250,000 556,250 50 51,306,250 Infrastructure Note 2003 General 5905,000 5115,875 5800 51,021,675 Obligation 2004 Certificates of 5275,000 5254,821 51,350 5531,171 Obligation 2004 General 51,565,000 5169,500 5750 51,735,250 Obligation 2005 General 52,330,000 53,966,763 5750 56,297,513 Obligation 2005 Certificates of 5270,000 1637,979 51,450 5909,429 Obligation 2006 Certificates of 5365,000 5840,944 51,450 51,207,394 Obligation 2007 Certificates of SO 5100,873 5859 5101,732 Obligation 2007 General 50 5159,938 52,508 5162,446 Obligation 2007A General 51,150,000 51,303,013 5750 52,453,763 Obligation 2008 Tax Notes 5965,000 5220,352 $376 51,185,728 2008 Certificates of 5220,000 5588,800 5376 5809,176 Obiigeion 2009 General 53, 910,000 53,356,282 5376 57,266,658 Obligation 2009 Certificates of 5735,000 5217,113 5376 5952,489 Obligation Total Required for 2009 Debt Service 533,883,760 - Amount (Warty) paid from funds listed in Schedule A $398,335 - Amount (if any) paid from other resources 58,302,455 - Excess collections last year So = Total to be paid from taxes in 2009 525,182,970 + Amount added in anticipation that the unit will $778,855 collect only 97.00% of its taxes in 2009 = Total Debt Levy 525,961,825 This notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at 901 Leopard, Suite 301, Corpus Christi, Texas 78401. Name of person preparing this notice: Ramiro "R" Canales, CTA Title: Nueoes County Tax Assessor - Collector Date Prepared: July 25, 2009 -145- 13 CITY COUNCIL AGENDA MEMORANDUM August 25. 2009 AGENDA ITEM: Public hearing to consider and Ordinance exempting Ainsworth Industrial Park, a subdivision located north of County Road 48 and west of U.S. Hwy. 77, approximately one -half mile outside of City limits, from payment of wastewater lot or acreage fees under Section V.B.6.1) of the Platting Ordinance; requiring owner/developer to comply with the specified conditions. ISSUE: The City Council, with the recommendation of the Planning Commission, may exempt an area from payment of lot or acreage fees if such area is determined by the Council to not likely be served by City water or wastewater services within the next fifteen (15) years. RECOMMENDATION: Planning Commission and Staff Recommendations (July 8, 2009): Approval of the request for wastewater acreage fee exemption for Ainsworth Industrial Park, subject to a Sanitary Sewer Connection Agreement which will include payment of wastewater acreage /lot, pro -rata and tap. REQUIRED COUNCIL ACTION: Approval and passage of an ordinance exempting Ainsworth Industrial Park from payment of wastewater acreage fees and requiring the owner/developer to comply with the specified conditions. Attachments: Exhibit A — Exhibit B — Exhibit C Exhibit D Exhibit E — Exhibit F — Exhibit G ca,at /‘, Juan Perales, Jr, P.E. Interim Assistant City Manager Department of Development Services Background Information Planning Commission Minutes — Ordinance — Letter from Developer Location Map Allison Master Plan Map — Sanitary Sewer Connection Agreement H:1PLN- DIRISPECIAL SERVICES PLATSI£XEMPTIONWINSWORTH INDUSTRIAL TRACTSWINSWORTH INDUSTRIAL PARK.CCAGENDAMEMO.DOC -1 49— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Section V.B.6.I.) of the Platting Ordinance states the following: "No lot or acreage fee must be paid if such land for which the fees are paid lies within an area exempted by the City Council from the payment of such fees. Such exempted areas shall be those determined by the City Council to not likely be served by City wastewater services within the next fifteen (15) years." In accordance with Section V.B.6.I), the developer, Ainsworth Industrial Park, L.L.C., is requesting exemption from wastewater acreage fees for a tract of land known as Ainsworth Industrial Park. The property is located outside the City of Corpus Christi's city limits, north of County Road 48 and west of U.S. Highway 77. The proposed subdivision will contain 10 lots in an area containing 27.99 acres, which will allow the use of on -site wastewater disposal in accordance with City /County Health Department guidelines. The subject property is subject to the Wastewater Collection System Master Plan for the Allison Plant adopted by the City Council in September 2004. The Master Plan designates the area to be served by gravity lines which will flow into a lift station on County Road 52 to the north. The flow will then continue to the Allison Wastewater Treatment Plant. The planned lift station on County Road 52 would serve the subject property and surrounding properties. However, there are no current plans or monies to construct the lift station. It is Staffs determination that wastewater services will not be available to the Ainsworth Industrial Park area within the 15 -year timeframe. However, to protect the City should wastewater services become available to the property, a Sanitary Sewer Connection Agreement will be executed that would require the development to connect to the public wastewater line within twelve (12) months of the line becoming available and pay wastewater acreage /lot, pro -rata and tap fees in effect at that time. For reference, the amount of the Wastewater Acreage fees are $40,389.57, based on the rate of $1,443.00 per acre, which was the rate applicable at the time the plat was approved. EXHIBIT A City Council Agenda Background Ainsworth Industrial Park Wastewater Acreage Fee Exemption Page 2 Planning Commission Recommendation (07/08/09): Approval to exempt Ainsworth Industrial Park from the wastewater acreage fees, subject to a Sanitary Sewer Connection Agreement to include payment of the wastewater acreage /lot, pro -rata and tap fees. EXHIBIT A H:IPLN- DIRISPECIAL SERVICES IPLATSIEXEMPTIONIAINSWORTH INDUSTRIAL TRACTSAINSWORTH INDUSTRIAL PAR K. C CAG E N DA B A C KG R D. D OC —161— Excerpt from July 8, 2009 Planning Commission Minutes III. PUBLIC HEARING AGENDA ITEMS A. PLATS 2. Wastewater Acreage Fee Exemption a. 0409014 -NP014 (09- 21000005) Ainsworth Industrial Park, Block 1, Lots 1 -5 & Block 2, Lots 1 -5, OCL (Final - 27.994 Acres) Located north of County Road 48 and west of U.S. Highway 77. A description of the exact location was given by Miguel Saldai a. The property is within the Ellison Wastewater Treatment Plant Master Plan which shows this area using a gravity line that would go to the north to a lift station on County Road 52, which is approximately 4,700 feet north of the property. The existing system connects to the River Ridge subdivision and it would be very difficult for this tract of land to reach that system. The County Road 52 Lift Station is not built and there are no construction plans or monies currently available to construct that Lift Station; therefore, this property would not be able to obtain wastewater services within a reasonable time -frame and that Lift Station would not be built within the next fifteen (15) years. Based on the ordinance, these are some of the criteria that the waiver has to meet; therefore, Staff is recommending that the waiver be granted in order for the applicant to be exempt from paying wastewater acreage fees. The approval would be subject to a sanitary sewer connection agreement that would require the applicant to connect to wastewater within twelve (12) months of its availability. Another requirement would be that the applicant pays the tap fees and pro -rata fees that are applicable at that time. Staff recommends approval of the waiver subject to the recording of the Sanitary Sewer Connection Agreement. At this time, Vice Chairman Huerta asked what this property would be required to do if a Lift Station was not constructed within approximately fifteen (15) years. Mr. Saldana stated having an on -site wastewater treatment facility in compliance with city, county, and health department guidelines would be necessary. The location consists of 27 acres and will have ten (10) lots built out of it. Public hearing was opened. Chuck Urban, 2725 Swantner, Corpus Christi, Texas came forward to answer any questions Commissioners have. Johnny Perales, Interim Assistant City Manager Development Services, explained that the basic infrastructure requirements will have to be met and there are options. Waste water service to the properties will be provided via on -site disposal systems which also meet state, city, and county requirements. Issues on upcoming storm water regulations were also briefly discussed. EXH' B Planning Commission Minutes Excerpt July 8, 2009 Page 2 Chairman Garza asked if anyone would like to come forward in favor or opposition. No one came forward in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed unanimously. EXHIBIT B H.1PLN- DIRISPECIAL SERVICESYPLATSIEXEMPT1ON1AWNSWORTH INDUSTRIAL TRl LA 9�NNING COMMISSION 070E2009 EXCERPT.DOC ORDINANCE EXEMPTING AINSWORTH INDUSTRIAL PARK SUBDIVISION, LOCATED NORTH OF COUNTY ROAD 48 AND WEST OF U.S. HIGHWAY 77, APPROXIMATELY ONE -HALF MILE OUTSIDE OF THE CITY LIMITS, FROM THE PAYMENT OF WASTEWATER LOT OR ACREAGE FEES PURSUANT TO SECTION V.B.6.1) OF THE PLATTING ORDINANCE; REQUIRING THE OWNER/ DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: WHEREAS, Ainsworth Industrial Park Subdivision (Subdivision) is located North of County Road 48 and West of U.S. Highway 77, approximately one -half mile outside of the city limits of the City of Corpus Christi and is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot and acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section V.B.6.I) of the Platting Ordinance of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot and acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that the Ainsworth industrial Park Subdivision, located North of County Road 48 and West of U.S. Highway 77, approximately one -half mile outside of the city limits of the City of Corpus Christi, is not likely to be served by city wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot and acreage fees at this time, pursuant to Section V.B.6.I) of the Platting Ordinance of the City of Corpus Christi, SECTION 2. The exemption from the payment of wastewater lot and acreage fees, pursuant to Section V.B.6.1) of the Platting Ordinance of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: Page 1 of 4 —154— !'s.i.nr■f'•I 1RAC_.d l... L......... L.11 nnA nor, c...,..,..r.... 1AIoerFauroFar nonnInnn ..1 1) That the owner /developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of completed Agreement attached as Exhibit "A "). 2) That the Sanitary Sewer Connection Agreement require payment of the wastewater lot and acreage fees, pro -rata and tap fees at the rate in effect at the time of connection to City wastewater. 3) That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. 4) That the Sanitary Sewer Connection Agreement and covenants contained therein, are covenants running with the land. 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 25th day of August, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: August 20, 2009. Deborah Walther Brown Assistant City Attorney For City Attorney Page 2 of 4 —155 - C:IDOCUME- 11rebeccab \LOCALS-- 11Temp1ORD- Exempting Wastewater Acreage Fees 08202009.doc Corpus Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler — Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Page 3 of 4 —156 - P`,5r bn(I IAAF...11rnhcrrnhll rV A3 C_.45T..«...lflDil CvarnnFnn lAlonfcurnfwr Arreor.c Coon na7nrnnn a..., Ainsworth Industrial Park, L.L.C. 711 N. Cara.ncahua, Ste. 1400 Corpus Christi, TX 78475 June 9, 2009 Mr. Miguel Saldana, AICP City of Corpus Christi Development Services 2406 Leopard St. Corpus Christi, TX 78408 Re: Case No. 0409014 -NP014 (09. 21000005) Ainsworth Industrial Park, Block 1, Lots 1 -5 & Block 2, Lots 1 -5 (Final - 27.994 Acres) Dear Mr. Saldana: As the owner of property currently being platted known as Ainsworth Industrial Park, Block 1, Lots 1 -5 and Block 2, Lots 1 -5, O. C. L., we are requesting a determination of exemption from wastewater lot and acreage fees pursuant to Article V.B.6.1 of the City of Corpus Christi Code of Ordinances. Our Engineer previously submitted information via e-mail regarding wastewater service extension requirements that would be necessary to serve the subject tract. We are hopeful that upon review of that information the City of Corpus Christi will determine that the area being platted will not likely be served by City wastewater service within the next fifteen. (15) years and therefore allow the exemption of the property from wastewater lot and acreage fees in accordance with above ordinance reference. We have enclosed the required application fee in the amount of $60,00 and will be available to answer any questions or provide additional information as needed. The property currently has water service provided by the Nueces County Water Control and Improvement District No. 3 and drainage plans for the development have been approved by the Texas Department of Transportation and City 6f Corpus Christi. Thank you for consideration of this request and please contact Murray F. Hudson with Urban Engineering if you have any questions. Cc: Urban Engineering Very truly yours, Ainsworth Industrial Park, L.L.C. David Ainsworth Sole Member —157— ! '. r- --- . f V- , .` 4. v,1 it I....•...... t.� NORTHWEST BLVD / Fr. k °� 4 � .up .RIVER RD 5 0 V Q�� O EO � V -9,p 44 •s— Miles 0 0.4 0.8 1.6 San Parrirto County Legend PLANNING.CITYLIMITS Crearion Dare: O6 2912009 Printing Date: 06'30/2009 Fife: H:IPLN_DIRSHAREDIGtS Projecrsi4Migve!ICR69_US77 Prepared By: KAB aurae: City of Carpus Christi Depaamenr of Devefopmenr Services IS Nur es Bey 138 1 • ;CA g DiCit 51.13,B • ■•■ •■■• - - 11 • • „ — —; ■• • -.pcocsz.:' =Re 3: ..xr.171,nrd 4CD CO RD 52 prd d2a14 .-_'• •,•• — — ‘ -,7•‘,77, \\N - . • • .6 ; ; 4:: 4,, \ \\.‘„ - - - - CC-RC4 •< ••); .• • • ••••■ ••••• ..■■•• •••••• aim mow •••n= ass. as.= mow •i•nac mew •Nber da..= •••••• 7.7.3 WN E. -159- SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This agreement is entered into between the City of Corpus Christi ( "City "), a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469 -9277, and Ainsworth Industrial Park, L.L.C. ( "Developer /Owner "), 711 N. Carancahua Street, Suite 1400, Corpus Christi, Texas 78475. WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for Ainsworth Industrial Park, referred to in this agreement as the "Development" (Exhibit 1 -A and 1 -B); WHEREAS, wastewater construction plans and construction are normally a requirement of the plat; WHEREAS, wastewater construction is not economically feasible due to the unavailability of existing wastewater facilities within reasonable proximity to the site, and WHEREAS, wastewater construction plans and construction would impose an undue financial hardship on the Developer /Owner; NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. The owner of each individual lot agrees for itself, its successors, transferees, and assigns, to do the following: a. To connect to City sewer within 12 months of the installation of a wastewater manhole at the frontage of the property or the installation of a collection line along the frontage of the property. b. To pay wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection to City wastewater; c. To pay applicable pro -rata and tap fees at the rate in effect at the time of connection to City wastewater; d. To not subdivide the Development or any lots shown on the Plat of Ainsworth Industrial Park, Block 1, Lots 1 through 5 and Block 2 Lots 1 through 5, attached as Exhibit 1 -A and 1 -B. The further subdivision of the Development or any lots voids this agreement. Page 1 of 3 Ainsworth Sanitary Sewer Connection Agreement 081720081160— 2. City agrees; a. To allow the property to use wastewater treatment as approved by the City /County Health Department. b. To allow the Owner to record plat without constructing any wastewater collection or trunk lines. 3. INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRIST!, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER/OWNER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WASTEWATER SERVICE TO THE AINSWORTH INDUSTRIAL PARK, INCLUDING INJURY, LOSS, OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. 4. The agreement and covenant in this agreement are covenants running with the land, must be filed in the Office of the Nueces County Clerk Office, and are binding on Developer /Owner, its successors and assigns, and inures to the benefit of the parties to this agreement and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Page 2 of 3 Ainsworth Sanitary Sewer Connection Agreement 08172009_r 1 61 — 5. This agreement and terms of this agreement terminate upon connection to City wastewater and payment of appropriate fees. EXECUTED IN DUPLICATE originals, this day of , 2009. DEVELOPER /OWNER: Ainsworth Industrial Park, L.L.C. 711 N. Carancahua Street, Suite 1400 Corpus Christi, TX 78475 David Ainsworth Sole Member STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2009, David Ainsworth, Sole Member, Ainsworth Industrial Park, L.L.C., on behalf of the limited liability company. Notary Public, State of Texas CITY OF CORPUS CHRISTI By: Juan Perales, Jr., P.E., Development Services Engineer Approved as to form: August 17th, 2009 By: R. Jay Reining First Assistant City Attorney For City Attorney Page3of3 Ainsworth Sanitary Sewer Connection Agreement 06172008_ Y 16 2— F 22 62 F1444■ 5° 666662 II.' 45 3 1 WA 1 I ( \ SANITARY SEWER CONNECTION AGREEMENT EXHIBIT 1 -A ief j .39.4 444444 Noe orm44.1 Ps111 Y. ,m ,144-44.44, (C"' 44,..,..,--57.--N, ) �v�vc, �if0 7'E_ti'"27.p4•_'- _`_.`_ ._a____'"_'_' —'1 -- _ _ _ - -f— — �Is,SE ----- '..7, ` St I A' 391 4 e ,x ab0 .b7 k A aaMS y 2 H' [SwnrY lwl I�R Ip SANITARY SEWER CONNECTION AGREEMENT EXHIBIT 1 -B —164— 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 25, 2009 AGENDA ITEM: ITEM A: A PUBLIC HEARING TO CONSIDER AND A RESOLUTION GRANTING THE PETITION OF THE PORT OF CORPUS CHRISTI AUTHORITY OF APPROXIMATELY FIVE TRACTS, TOTALING APPROXIMATELY 6.635 ACRES, OF SUBMERGED LAND, OWNED BY THE PORT OF CORPUS CHRISTI AUTHORITY, ABUTTING THE SOUTHERN SHORELINE OF NUECES BAY INTO THE CITY OF CORPUS CHRISTI, TEXAS. ITEM B: AN ORDINANCE ANNEXING APPROXIMATELY FIVE TRACTS, WITH APPROXIMATELY 6.635 ACRES, OF SUBMERGED LAND OWNED BY THE PORT OF CORPUS CHRISTI AUTHORITY ADJACENT TO THE CITY LIMITS ALONG THE SOUTHERN SHORELINE OF NUECES BAY THAT LIE BETWEEN THE CURRENT CITY LIMIT LINE AND THE NUECES BAY SHORELINE; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE. ITEM C: AN ORDINANCE DISANNEXING APPROXIMATELY FOUR TRACTS, WITH APPROXIMATELY 187.76 ACRES, OF UPLANDS OWNED BY THE PORT OF CORPUS CHRISTI AUTHORITY ADJACENT TO THE CITY LIMITS ALONG THE SOUTHERN SHORELINE OF NUECES BAY THAT LIE BETWEEN THE CURRENT CITY LIMIT LINE AND THE NUECES BAY SHORELINE; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE. ITEM D: AN ORDINANCE DISANNEXING APPROXIMATELY 37.37 ACRES, OF SUBMERGED LANDS OWNED BY NUECES BAY WLE LP, AND CENTEX CEMENT CORPORATION NORTH OF THE SOUTHERN SHORELINE OF NUECES BAY; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE. ISSUE: Port of Corpus Christi and City Staff have discovered several boundary issues or corrections that are needed along the south shoreline of Nueces Bay between city limits and Industrial District No. 1. The proposed annexation and disannexation will cause the south Nueces Bay Shoreline to become the city limit line except for Item D which includes the water area abutting the Nueces Bay WLE LP power plant. The 1950 and 1969 annexation ordinances along the south shoreline of Nueces Bay did not account for accretion and erosion of the shoreline. The 1950 annexation ordinance was based hr. .nranc Chnrnlina prone nnf int'Ii iriori in fha 1QAf annexation were annexed in 1969 with an annexation ordinance that specifically annexed the "present" shoreline. Both of these annexation ordinances created fixed boundaries that have since changed over time. Essentially, annexation and disannexation will place water areas or submerged lands inside city limits and land for development in Industrial District No. 1. Several areas along the shoreline have eroded since the 1950 and 1969 annexations. These areas are now submerged lands and are proposed to be annexed for a total submerged land area of 6.635 acres proposed to be annexed. The only area where submerged land is proposed to be disannexed is next to the Nueces Bay WLE LP power plant (formerly the CPL, Central Power and Light Power Plant), a remnant CPL property and the abutting Centex Cement Corporation property. The submerged land area contains a pier, the intake and discharge for the power plant and a number of high power transmission poles. Placing the submerged land area outside city limits will place all of the private property under one set of development rules rather than splitting the properties with an area inside city limits subject to inside city limit rules and an area outside city limits with a different set of development rules. REQUIRED COUNCIL ACTION: Conducting a public hearing on the petition for annexation of water areas, granting a petition for annexation from the Port of Corpus Christi and approval of the attached Disannexation and Annexation Ordinances. PREVIOUS COUNCIL ACTION: Annexation of Nueces Bay by ordinances 2919, October 26, 1950 and Ordinance 9270, March 12, 1969; Establishing Industrial Development Areas by Ordinance 15949, December 24, 1980 CONCLUSION AND RECOMMENDATION: Approval of the annexation and disannexation ordinances will eliminate narrow shoreline land areas inside city limits along the south shoreline of Nueces Bay and enhance efforts for economic development by pla a'ng these land areas outside city limits for incorporation into Industrial District 0. 1. Gla/% t A-- Juan Peral-s Interim Assistant City Manager johnnyp ©cctexas.com 361 -826 -3828 Attachments 1. Background information 2. Excerpt Annexation Ordinance 2919, October 26, 1950 3. Excerpt Annexation Ordinance 9270, March 12, 1969 4. Excerpt Industrial Development Areas Ordinance 15949, December 24, 1980 5. 1999 United State Geologic Survey Aerial Photo with Existing City Limit Boundary 6. Aerial of Annexation Areas — Submerged Lands 7. Aerial of Disannexation Areas — Uplands and Submerged Lands 8. Annexation Petition 9. Annexation Ordinance — Submerged Lands 10. Disannexation Ordinance — Uplands 11. Disannexation Ordinance — Submerged Lands BACKGROUND INFORMATION The purpose of these shoreline boundary items is to assure that land along the Nueces Bay Shoreline is not located inside city limits but located in Industrial District #1. Industrial District #1 properties are subject to industrial district contracts with the city, in lieu of annexation and payment of city property taxes. The Industrial District provides an incentive for businesses to locate in an area with municipal services but without city property taxes, building codes, zoning, etc. Industrial district contracts provide for a payment of a fee to the City which is lower than full property taxes for businesses inside city limits. The annexation Ordinances of 2919, October 26, 1950 and 9270, in 1969 annexed some upland areas and submerged lands in Nueces Bay and along the south Nueces Bay Shoreline. (See Attachments 2 and 3). Both annexations created a static shoreline boundary that does not automatically adjust for natural changes in the shoreline based on erosion and accretion. The 1950 annexation ordinance used a south boundary based on the 1945 State patent of land to the Port of Corpus Christi. This 1950 boundary was based on a legal description with fixed points. The 1969 annexation ordinance described the south boundary of Nueces Bay as the "...present meanders of the south shore of Nueces Bay..." The word "present" in this 1969 ordinance created a static boundary based on the shoreline in 1969. Ordinance 15949 in 1980, established the boundary of Industrial District No. 1. (See Attachment 4) The stated purpose of District 1 in Ordinance 15949 is "the City Council desires to provide for industrial development areas to encourage industrial growth..." Unlike the two annexation ordinances of 1950 and 1969, the ordinance which established the Industrial District No. 1 created a moving boundary along the Nueces Bay Shoreline so long as the land is not located inside the city limits. The north boundary of the district along Nueces Bay specifies that "Lands... outside city limits..." and "...bounded on the north by the south shoreline of Nueces River and Nueces Bay ..." were in the District. This language creates the "living" shoreline boundary, that automatically adjusts to physical changes to the shoreline through natural processes and which automatically adjusts with changes to the city limits. The proposed disannexation also includes one small water area abutting the Nueces Bay WLE LP Power Plant (formerly the Central Power and Light Power Station), a remnant piece of CPL property and the abutting Centex Cement Corporation property. These areas include electric transmission towers, water areas in front of the Nueces Bay WLE Power Plant water intake, water discharge area and a pier. Disannexation is recommended for the water area next to these properties so that any improvements to the water areas are outside city limits and eligible for industrial district agreements. The 1969 USGS aerial photo in Attachment 5 and 2007 aerial photos were used to determine changes in the shoreline since 1969. Due to erosion, there are several water areas that have been created along the shore line which are proposed to be annexed into the City. (See Attachment 6) The disannexation of land areas and annexation of several water areas will establish the shoreline as the logical boundary between the City and Industrial District No.l . Over time with natural erosion or accretion these boundaries will now also move. With the extension of the Joe Fulton Corridor roadway, the area is now accessible and available for development. Disannexation will clarify the boundary and assure that land areas along tilE nes Bay south shoreline are in Industrial District Attachment 2: Annexation Ordinance 2919, October 26, 1950 PORT OF CORPUS CHRESTE INNER HARBOR PATENTS Northern Boundary of Nueces County Navigation District Lands, the city limit line established by Annexation Ordinance 2919, October 26, 1950 —171— ATTACHMENT 2 OF 11. Attachment 3: Excerpt Annexation Ordinance 9270, March 12, 1969 :Th:*. • 1-;' "r: , f. , a., . b. '• - '-,-.7 -'-.2: , 7,.; -'(:.I 7-;-1a1 1 ..7.. :11_ i -.:.') t; :': :.-•::7i ;.!-:::::: NS-4.'1 ,--, TY Li Nl; T5 A'....:' -1...7 s:UTel. .,..: ,,,...T."7.1 L'.:..,,._ Tr.L1.7",-1-7:,7 17,17'..!Et:T PL%NT FE".=:):7:::',',TY, l'(1:2,7, iC'.i.3 ,...f.' -.7::... .: .., ik.% 7.3 ---..---- '.. '-7,113 !FIF' '..,:3:AIT7) ,%%D A'5, ., ALL Or 1"t L,f,N IN NJECCS ff“ SOUTH or IrmL PRENT t.ClAk'!' CT 1-,AC Ci LIM:;,' WHICH P-OIN-: A:=PFOXIIdiATELr noz C.F SHCELINE Ti Z ;-,P.ESENT CC7Y LIMITS IN7-:RSECTS Ti E SOUTH 3HC;RI:L:NE z;7 ..i;zY 70 A POt.:7.7 O;L,.: THE 1g/ST 07 SiA7E No. b>1 ;77.,4R Ig.11,1TH T-71 WI-114 EiT.Y Cr MI BETEEN 71q[SENT CI TY LiM175 AND PP.r.:5:N7 IY,EANE:C;:Ei aa.y, '7' ihTEtroN ANNt.x 11,1,. or 74.1 2.1:::,17R...1Er., or N;J:71::Eri E.& zoJi 7H4T TI F 7;-.t DRrl!IENT CI 'J1 -173- ATTACHMENT 3 OF 11. Attachment 4: Excerpt from Industrial Development Areas Ordinance 15949, December 24, 1980 r DROINIOCE E5TA5115H4NO INAWRIA1 K VELOWiNT AfliAl AI- 'LEMON 1. that thil ffMowing areal U U tity af Cc-1'p.m Christi's extracerritoriat )urlsOtction _aro dosignaied af. fndustHa1 Develcpment Areas: E91122E. Chri$ti Ind.,' trial Devclo _nt Area NO- 1 LOnd5 within Nueces County, Texas, outsie t.h oity of the Crty of Corpus • EhrirAi and gehrratly ofi th.ff smithwest by the existiN rcrcheast right-of-way of InterState 1i9tway 3 3rd bind On the north by thc %Nth shOrt11 r4 Of flutces River and Nueces Bay, on the west by tie east rinht-of-way of Carhtin Plant Romi (County Road 558) from inWitiag Mgt-Nay 31 to Mc-Kinzie Road and the north right-of-way line of McKinzie Re,p4d (Cclunty Road 551 fram Carbon Plant Road to the eatt pro9erty 1 ii gf the CiO°5 Trc4LnIcnt 1.aILt propertY and aim the east property line of the City's Allison Treat. ENIE Plant fre.A Hainrie Road to the Nuee0 River. —1 7 5— ATTACHMENT 4 OF 11. Attachment 5: 1999 United States Geologic Survey Aerial Photo with Existing City Limit Boundary ATTACHMENT 5 OF 11. Attachment 6: Aerial of Annexation Areas — Submerged Lands ATTACHMENT 6 OF 11 Attachment 7. Aerial of Disannexation Areas — Uplands and Submerged Lands —181— ATTACHMENT 7 OF 11 Attachment 8. Annexation Petition &NW PORT CORPUS CHRISTI J r.. Pi:. fazerim Askinit CAy (7) Cr!(InTras P.O. 9277 Cotpir., hi-401 Sa1Pfect: Pruptided R tit L AWAtiOn (1 4): Limiti itilitt 04: rorl Curptiri Chrimei Authority Inner Ii2rhor Area 1)-z:1r Johnny ta' City aff. Ib Port ro:oe,niA::; and Li1 ! til;.`:;lnilt`A,.41r4,:;5', n&i ib:r:cos thr: S.01.11112.-in kir 111.C• i»iui hidc Lit ic Rut' 4 Inr_747 Cofo.itivf Lo- ("i:Irr.is 1-.4! ft!V1W. 111L! I qf:9 :111;ai.:i city lin!AB k pra-oponeti r., j1:4' ;\ aaci, U 1.101, -225 1 and .A.aEcr 1)Ite ra..:;i frox ,ft:rhu iI 1/411 and Lt. ;1E SIA.Kil 117: 11:q: 111;1111iLlIZICV at!rt!k. 4:,11 1 1 1.11^.n 11:w? U11:11 rairy r thi e rol;ir.:11 Ittti r%ti 0.11 :An aficnvicd 7., :1a1: 1 unelerci:11.41 .4i...-Trvrt 1.1r >au r4iUr r.?; inrorrara Fri p.4ri (fl:1, 1.7= - 1•11n4 c r- 171-- Z'rar.k 4- itro!!ar., f. P.,71 I .7:1;04'1 ATTACHMENT 8 OF 11 Cj 14.1 • :4' •• ,,,,,, —183— Page 1 of 4 ORDINANCE ANNEXING APPROXIMATELY FIVE TRACTS, WITH APPROXIMATELY 6.635 ACRES, OF SUBMERGED LAND OWNED BY THE PORT OF CORPUS CHRISTI AUTHORITY ADJACENT TO THE CITY LIMITS ALONG THE SOUTHERN SHORELINE OF NUECES BAY THAT LIE BETWEEN THE CURRENT CITY LIMIT LINE AND THE NUECES BAY SHORELINE; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, with the exception of the area adjacent to the Nueces Bay Power Plant, the City of Corpus Christi desires to set its boundary along the southern shoreline of Nueces Bay, and to ensure that the shoreline shifts with normal accretion and erosion of the shoreline; WHEREAS, portions of the city limit line along the shoreline have remained static and has not shifted with accretion and erosion, which has resulted in some submerged lands not being within the City and some uplands that should be in the City's industrial district being within the City limits; WHEREAS, the Port of Corpus Christi Authority has petitioned the City to adjust its boundaries along the southern shoreline of Nueces Bay by annexing submerged lands between the current city limits and the shoreline within the areas patented to the Port of Corpus Christi Authority by the State of Texas, under the authority of Section 43.028, Texas Local Government Code; WHEREAS, the City of Corpus Christi desires to annex approximately five tracts, totaling approximately 6.635 acres, of submerged land owned by the Port of Corpus Christi Authority, adjacent to the city limits along the southern shoreline of Nueces Bay, that lie between the current city limit line and the Nueces Bay shoreline, to the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; —185— PCCA submerged land annexation 08192009 Page2of4 WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory described in this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That approximately five tracts of submerged land, with approximately 6.635 acres, more or Tess, out of the submerged lands patented to the Port of Corpus Christi Authority, as the successor of the Nueces County Navigation District, No. 1, by the State of Texas, under the following patents issued by the State of Texas: Patent No. 84, issued on May 7, 1 936, recorded in Volume 47A; Patent No. 381, issued on October 22, 1947, recorded in Volume 7 -B; and Patent No. 446, issued on January 9, 1956, are annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tracts of submerged land being annexed are those submerged lands, which are owned by the Port of Corpus Christi Authority, that are between the current City limits and the current low water line along the southern shore of Nueces Bay. The relocated City limits line is described in Exhibit A of this ordinance, which is attached to and incorporated into this ordinance. The approximate location of the tracts of submerged land are shown on the map in Exhibit B of this ordinance, which is attached to and incorporated into this ordinance. SECTION 2. The southern shoreline of Nueces Bay remains the City's corporate limits notwithstanding any changes to the physical location of the shoreline caused by the natural accretion or erosion of the shoreline. SECTION 3. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 4. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 5. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, PC:C:A cuhmcrrrpri land annaxatinn M197009 -1 8 6- Page 3 of 4 paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. This ordinance goes into effect at 12:01 a.rn., September 1, 2009. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of August, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 19th, 2009 R.Jy,l eining First Assistant City Attorney For City Attorney _ PCCA submerged land annexation 08192009 Joe Adame Mayor —187— Page 4 of 4 Corpus Christi, Texas day of August, 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott PCCA submeraed land annexation 08192009 —188— EXHIBIT A Metes and Bounds Description Replacing two portions of the existing city limit line established by annexation Ordinance No. 2919, 10-31-50 and annexation Ordinance No. 9270, 3 -12 -69 with the following city limit lines, to specifically allow for natural accretion, erosion and avulsion, causing the annexation of 6.635 acres of submerged land further described as follows: Line 1 (Tracts 1, 2, 3, and 4): Beginning at the intersection of the west line of State Tract 691 and the low water line along the shoreline of Nueces Bay, the city limit line established by Ordinance No. 6636, September 19, 1962 for the west corner of the area here -in described; Thence easterly along the meanders of the low water line of the Nueces Bay shoreline, to its intersection with the west line of a 63.71 acre tract now or formerly owned by Nueces Bay WLE, L.P., for a corner; and Line 2 (Tract 5): Beginning at a point formed by the intersection of State Submerged Land Survey Tracts 708, 708A and the low water line of the east shoreline of Nueces Bay and generally located on the western edge of Dredge Material Placement Area No.1; Thence continuing in a general north easterly direction, with the low water line along the shoreline of Nueces Bay to its intersection with the northerly extension of the POCCA Herbie A. Maurer Dredge Material Placement Area east dike toe for a corner; Thence in a southerly direction, with the said east dike toe of the POCCA Herbie A. Mourer Dredge Material Placement Area, to its intersection with the afore - mentioned city limit line established by Ordinance No, 2919, October 31, 1950 for the east end point. PCCA submerged land annexation 08192009 =1 9— EXHIBIT B ANNEXATION OF SUBMERGED LANDS ALONG SOUTHERN SHORELINE OF NUECES BAY NUECES BAY SHORELLINE- 2009 ANNEXATION MAP SUBMERGED LANDS------- `1 .� Thera Lc, er 4.141 .:.. -.n/ o., +crier, se..rr.. V IAIECES BAY SHORELINE MtARNEXAfQN MAP St19AfERGEO LANGS 7 ,w•s....utee.x ',1 ‘..CT 2 (0.3914C), TRACT (2.5E ACJ inside City Limits srjE9Annex tmla A�l vr?y Lem L rr HVECES BAY31LORELRR: 70Dt Artl1EYATI WY, .W W A/BYEROED 1-47105 -cm I TRACT /4Y2..T2 AC). JRACT r (495 AC) &den:e;i F;.qp 'a .ow.,ette.we,e �. „..y. tf . r daultrneed ..W;..t.rattn a Legend Annexation History Annexation e ---, ARYI G,i to 3i ,etrx. mi'7e. S,:.xya; tii-^J , PRESENT CITY LIMIT LINE M.s_v i PROPOSED CITY LIMIT LINE C :y it PROPOSO7AI EATIGN SUMOBI.EO LAIRS ID AC(65 0.011 1St 7.31 2.71 11.11 TOTAL ACRFAG$ "33 Anncv hAant f1R1Q9111)0 FilM-11 City UM"' NUECES BAY SHORELINE • 2009 ANNEXATION MAP SUBMERGED LANDS Legend TT 1950 A NNc'7Ck T JON LINE SuBFAERGED LANDS PRESENT CITY LIMIT LONE PROPOSED CITY LIM1T UNE inside City Limits _ ...r •• .M aao..3� TfL4GT I ua000n�•- �.ti .Pwc..- ct city Limit Lase industrial District 1 +r_cn 121. 011.111.7 Feet 0 4 40 20 30 40 Annex Maps 08192009 0 1 0.015 2 0.39 3 256 l 212 5 015 TOTALACHEMOE 6.635 Annex Maps 08192009 NUECES BAY SHORELINE - 2009 ANNEXATION MAP SUBMERGED LANDS Vy !li Inside City Limits Proposed City Lim' ", Line I;iG9 Ar:Pexatior' Legend 1950ANNEX;TION LINE E? ' SUBMERGED LANDS 1 - -, L PRESENTOTY !MIT LINE PROPOSED CITY LIMIT UNE Ann/ay Mane. f1R1Q7f1f Q t 4 MKT 3 2.5 Ai Cif fib. / industrial District 1 ro •1 Tmelmi 1. to:Ir usw»Ma_ a .. ..f. ,, t. n.+74.11.1 .e 0 215 430 b6 9 0 :,2 0 Feet 1.720 -M- - • ?::(09 M- it/ •al® 1 OATS 2 CU a 2.55 232 5 025 TOTAL ACR65II£r 1125 -M- - • ?::(09 M- NUECES BAY SHORELINE- 2009 ANNEXATiON MAP SUBMERGED LANDS TRACTS t. 0,95 AC inside City Limits ID 5, AY,E7,47.e.")t: ne' ./ ..,...15 e, ' SS:, .4::.•,2 K4.77-av .4,....° 0 1 . 0 Proposer? City Limit Line . f ., . f .' ., . ..zz,....... •TRA1t2AtCT4 . u. ... .y.:......... a tra.a au o a a.a-o oa *a °nit `•,4,-. 4 a o 4 /PrE/An1 City Lvnit tine I 1.■ n' n Z / . , I I m n % I '„, ' 1 % • / / .. 1 / 1." 1 i I 1 i r i , i r industrial District 1 I t , . f I II. / / 1 i ',N....a ... i • 1.11. anAmM71101....=..."1; hwraelna ...." t7 lattfk...11 Legend 1930 ANNEXATION LINE SUBMERGEO LANDS ""-• ?RESEW CITY LAVT LINE c ,PROPOSED CITY LIMIT LINE r.7.3nr, row, Di 2;0:3 429 Fee 1,260 1.680 • V: 14424104SZAIN54a4243/20142/031702434 /MEI 1 0.015 2 4.53 5 Z54 4 2.12 E 1255 TOTAL ACRE7GE Z141 - nnw nesnrin. Page 1 of 4 ORDINANCE DISANNEXING APPROXIMATELY FOUR TRACTS, WITH APPROXIMATELY 187,76 ACRES, OF UPLANDS OWNED BY THE PORT OF CORPUS CHRISTI AUTHORITY ADJACENT TO THE CITY LIMITS ALONG THE SOUTHERN SHORELINE OF NUECES BAY THAT LIE BETWEEN THE CURRENT CITY LIMIT LINE AND THE NUECES BAY SHORELINE; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, with the exception of the area adjacent to the Nueces Bay Power Plant, the City of Corpus Christi desires to set its boundary along the southern shoreline of Nueces Bay, and to ensure that the shoreline shifts with normal accretion and erosion of the shoreline; WHEREAS, portions of the city limit line along the shoreline have remained static and has not shifted with accretion and erosion, which has resulted in some submerged lands not being within the City and some uplands that should be in the City's industrial district being within the City limits; WHEREAS, the Port of Corpus Christi Authority has petitioned the City to adjust its boundaries along the southern shoreline of Nueces Bay by disannexing lands between the current city limits and the shoreline within the areas patented to the Port of Corpus Christi Authority by the State of Texas; WHEREAS, the City of Corpus Christi desires to disannex approximately four tracts, totaling approximately 187.76 acres, of uplands owned by the Port of Corpus Christi Authority, adjacent to the city limits along the southern shoreline of Nueces Bay, that lie between the current city limit line and the Nueces Bay shoreline, to the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be disannexed abuts and is contiguous and adjacent to the City of Corpus Christi's Industrial District No. 1, and will become part of the district upon disannexation; WHEREAS, it has been determined by the City,Council that the territory now proposed to be disannexed constitutes lands and territories subject to disannexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to disannex the lands and territory described in this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: PCCA disannexation 48192009 —194— Page 2 of 4 SECTION 1. That approximately four tracts of uplands, with approximately 187.76 acres, more or less, out of the former submerged lands patented to the Port of Corpus Christi Authority, as the successor of the Nueces County Navigation District, No. 1, by the State of Texas, under the following patents issued by the State of Texas: Patent No. 84, issued on May 7, 1936, recorded in Volume 47A; Patent No. 381, issued on October 22, 1947, recorded in Volume 7 -B; and Patent No. 446, issued on January 9, 1956, are disannexed. The tracts of uplands being disannexed are those uplands, which are owned by the Port of Corpus Christi Authority, that are between the current City limits and the current low water line along the southern shoreline of Nueces Bay. The relocated City limits line is described in Exhibit A of this ordinance, which is attached to and incorporated into this ordinance. The approximate location of the tracts of upland are shown on the maps in Exhibit B of this ordinance, which are attached to and incorporated into this ordinance. SECTION 2. The southern shoreline of Nueces Bay remains the City's corporate limits notwithstanding any changes to the physical location of the shoreline caused by the natural accretion or erosion of the shoreline. SECTION 3. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 4. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 5. if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. This ordinance goes into effect at 12:01 a.m., September 1, 2009. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of August, 2009. —195— PCCA disannexation 08192009 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 19, 2009 R/Jay teinin First Assistant City Attorney For City Attorney -196- orre .t' nA tr,nno Page 3 of 4 Joe Adame Mayor Page 4 of 4 Corpus Christi, Texas day of August, 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. — Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott —197— PCCA disannexation 08192009 EXHIBIT A Metes and Bounds Description Replacing two portions of the existing city limit line established by annexation Ordinance No. 2919, 10 -31 -50 and annexation Ordinance No. 9270, 3 -12 -69 with the following city limit lines, to specifically allow for natural accretion, erosion and avulsion, causing the disannexation of 187.76 acres of uplands further described as follows: Line 1 (Tracts 1, 2, and 3): Beginning at the intersection of the west line of State Tract 691 and the low water line along the shoreline of Nueces Bay, the city limit line established by Ordinance No. 6636, September 19, 1 962 for the west corner of the area here -in described; Thence easterly along the meanders of the low water line of the Nueces Bay shoreline, to its intersection with the west line of a 63.71 acre tract now or formerly owned by Nueces Bay WLE, L.P., for a corner; and Line 2 (Tract 4): Beginning at the intersection of the low water line of the east shoreline of Nueces Bay and the east property line of a 44.494 acre tract Tying in the submerged land surveys No. 708 and 708A, partly lying within Nueces Bay, as recorded in Vol. 401, Page 177, Deed Records of Nueces County, Texas, now or formerly owned by Centex Cement Corporation, respectively and further described by metes and bounds as follows; Thence continuing in a general north easterly direction, with the low water line along the shoreline of Nueces Bay to its intersection with the northerly extension of the POCCA Herbie A. Maurer Dredge Material Placement Area east dike toe for a corner; Thence in a southerly direction, with the said east dike toe of the POCCA Herbie A. Mourer Dredge Material Placement Area, to its intersection with the afore - mentioned city limit line established by Ordinance No. 2919, October 31, 1950 for the east end point. EXHIBIT B DISANNEXATION OF SUBMERGED LANDS ALONG SOUTHERN SHORELINE OF NUECES BAY NUECES BAYSHORELINEti2009 DISANNEXATION MAP UPLANDS 8. SUBMERGED LAND M.JECES 94V SHORELYIE -1009 yy DISAMEXATtOHAtAP UPLASID$ it a 1 TRACT' 146743 AG! RUECES BAY SHORELINE -1009 DfSAt/HEXAT7OH MAP UPLANDS 1JUECES BAY SHOVELOJE. 20139 j DtSANNEXATtOt1 MAP UPLANDS res V. 2 J_ 4ya RACT�(<8:31ACI, TRA,C413(3649AG1 .56. Lr ,�T/ Jr TRACT 4 (31.23FYC) Inside City Limits BMLxedMO. Va..... ehsT6M IMlw . ufbTTSarFd 'LT.alh l (',wand C.1y Lim!L:nei Legend I 1 Annexation History Proposed for DISANNEXATION UPLANDS f SUBMERGED LANDS PRESENT CITY LIMIT LINE CM 4 4, Re. by OI?.1flafCC R 0927C\ lJ�eL[ . —ra' f \ 21w : �D1h�eesne..� spa sn' 1969 Mir:gX+3i-VII ft• YJSET,VY , - ..*.'"'_ i /Fraser G'7timr.��.r � �4 n.�wani�l;0 hige :ras•Oq. n C r:�5z..ltr r west. p,T to nN'rsd PROPOSED OSANIEYATIOH L PLAROS dose i crier 1 I. I l��•r --1 §9t Disannex Maps 08192009 TOTAL LFLANI% ACREAGE San PROPOSED OISANNOIATTOR SUWIdR+EO LAND TOTAL SUBMERGED LAND ACREAGE TOTAL ACREAGE 223,13 NUECES BAY SHORELINE - 2009 =ANNEXATION MAP UPLANDS Wusem Lint ol Ftvcsei hAil/W fxaE 7rtreE tar shmee d Moon BoT srenects roe ,wl ine of aro 9,nKy F31 Inside City Limits Legend j 1950 ANNEXATION UNE UPLANDS SUBMMMERED LANDS i I PRESENT CITY LWE ea'J4C{R PROPOSED CITY LIMIT LINE 1g5O Annexation ---1969 7969 Annexation Prarase:: CCp LEVY Lrne • Fresenf Ciy Vaal Lin* Industrial District 1 a..+reciro - - Not aw...nw, PSON w 4141..a.F...C1.Km.^ia..:/ 460 525 kard Cai1.n Feet 1,840 Z760 3,680 ]�Y'Fgo" tQRa,s Disannex Mans 08192009 ILI ACRES 1 57.83 2 4131 3 36,38 4 35.23 T9TALLPLASID ACRIA62, 111774 Disannex Mans 08192009 NUECES BAY SHORELINE • 2009 DISANNEXATION MAP UPLANDS IMPAINW Inside City Limits Proposed C.b iVp: L .'ne'1 7950, Ar...1ex ?.7O1 Afinek;tOr Legend 1950 ANNEXATION LIN= UPLANDS SUBMERGED LANDS PRESENT CITY LtAfITLINE PROPOSED CITY LIMIT LINE [ih nF \Present CtyLim6 Line Industrial District 1 nw.e.em.ren w.s.si.e•,++.•s•_.r�i rire+a Mi r 0 437.5 875 Feet 4,754.1 2,625 3,103 :r..: PA1POf19IXIAf/INATICIWIP Af1i ;=.j.a 16 17.13 2 7 33.77 3557 70TAL LIPL:31721C212..62! 1!7.71 Disannex Maps 08192009 NUECES BAY SHORELINE- 2009 DISANNEXATION MAP UPLANDS inside City Limits Progoset City Lime Line— Legend 1950 NINEX,i770N LINE NZ UPLANDS SUBMERGED LANDS ••—i PRESEl7 Cf7YLIMIT:ME PROPOSED CITY LIMIT LINE iinl)iieA: iMaisar &edge Madera! i'Iam entAnn Present City Linty; Late industrial District 1 Essen UM a Wrpasal CO4anfaxari whet ta:saerini sworn he aordnMy means 0 St east e* ci ire ! kaisA Marra *Oprsuaial Almanac ass ww..ierO a ,. +xrwsw - mcu,vre f'+1.:111' iFee i I i"1,/i..11 0 290 580 1,160 1.740 Z320 ACM 4&]1 34.45 3525 TOTAL %GLA1gAL3F.AGE 11. ._ ..___ nn, nnnnn Page 1 of 3 ORDINANCE DISANNEXING APPROXIMATELY 37,37 ACRES OF SUBMERGED LANDS OWNED BY NUECES BAY WLE, L.P., AND CENTEX CEMENT CORPORATION NORTH OF THE SOUTHERN SHORELINE OF NUECES BAY; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, Nueces Bay WLE, L.P., and Centex Cement Corporation have asked the City to disannex their submerged lands north of the southern shoreline of Nueces Bay; WHEREAS, the City of Corpus Christi desires to disannex approximately 37.37 acres of submerged land owned by Nueces Bay WLE, L.P., and Centex Cement Corporation; WHEREAS, it has been determined by the City Council that the territory now proposed to be disannexed constitutes lands and territories subject to disannexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to disannex the lands and territory described in this ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That approximately 37.37 acres of submerged land owned by Nueces Bay WLE, L.P., and Centex Cement Corporation north of the southern shoreline of Nueces Bay are disannexed. The relocated City limits line is described in Exhibit A and shown on the map in Exhibit B of this ordinance, which are attached to and incorporated into this ordinance. SECTION 2. That the official map and boundaries of the City and its extraterritorial jurisdiction., previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 3. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. Power - cement plant water area disannexation 08192009 r 203— Page 2 of 3 SECTION 5. This ordinance goes into effect at 12:01 a.m., September 1, 2009. SECTION 6. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of August, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 19, 2009 R /JajReinirig First Assistant City Attorney For City Attorney Joe Adame Mayor Power- cement plant water area disannexation 08192009 —204— Page 3 of 3 Corpus Christi, Texas day of August, 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott --205 - Power- cement plant water area disannexation 08192009 EXHIBIT A Metes and Bounds Description for Disannexation of 37.37 Acres of Submerged Land In Nueces Bay Owned by Nueces Bay WLE, L.P., and Centex Cement Corporation Disannexing 37.37 acres of submerged land, more or less, out of a 63.71 acre tract and out of a 44.494 acre tract Tying in the submerged land surveys No. 708 and 708A, partly lying within Nueces Bay, also lying in the Nueces County Navigation District No. 1 Survey, abstract 2677, abstract 2682 and abstract 2689, Nueces County, Texas, the same being portions of Survey No. 3 of the Riparian Property Owners Map as recorded in Vol. 6, page 13, Map Records of Nueces County, Texas, now or formerly owned by Nueces Bay WLE, L.P. and Centex Cement Corporation, respectively and further described by metes and bounds as follows; Beginning at a point, the intersection of the low water line of the Nueces Bay shoreline, the present City Limit Line as established by Ord. No. 9270, dated March 12, 1969, and the west line of said 63.71 acre tract, for a westerly corner of the tract here -in described; Thence N23 12 51E, 580 feet, more or less, to a point on the common line between submerged land Surveys No. 708 and 708A, for a corner of said 63.71 and a westerly corner of this tract; Thence 53 06 58E, 1203.02 feet to the north corner of said 63.71 acre tract and the north corner of this tract; Thence S23 11 58W, 779.75 feet to an inside corner of said 63.71 acre and an inside corner of this tract; Thence N89 31 58E, at 491.32 feet, pass the northwest corner of the afore- mentioned 44.494 acre tract, a distance in all of 820 feet, more or less, to the intersection with the low water line of the Nueces Bay shoreline, the present City Limit Line, for the northeast corner of this tract; Thence in a general westerly direction with meanders of said Nueces Bay shoreline, the present City Limit Line, to the point of beginning. Power- cement plant water area disannexation 08192009 — 2 0 6 EXHIBIT B NUECES BAY/SHORELINE - 2009 D!S- ANNEXATION SUBMERGED LAND MAP / r:. /� Huhie A.Ma�rcr r!: ?JaU .+�fli7E:Xe:+iFVF! L4e dg: :5, Pl aeemenr 17 Area rna! ,- 1069 AW1aXriiiC1 Inside City Limits ��;; t i 4.- .P iCM # 4: Ref, by 3 45r Ordnance # 009270 r I' r� r Vrc • Proposed City Limit iine-"'r`�_ � l ro I c • Present City Limit Line Industrial District 1 Legend 1 1950 ANNEXATION LINE UPLANDS SUBMERGED LANDS — — PRESENT CITY LIMIT LINE ��nnn v a PROPOSED CITY LIMIT LINE �ao,o l:..1 a NUECES BAY WLE LP CPL =31 • kesmir. M.1 1 CENTEX CEMENT aomeM•mii uie vlWrn.,wRtwl[s'„r,.n�.ow..a -awl t 1a n. !MOM." Feel 0 240 480 960 1.440 t920 7rxr TrfrALSIEBIEROISIIAIOACRISIA 37.7r TOTAL ACIEA 125.17 -6 - Power - cement plant water area disannexation 08492009 Page 1 of 3 RESOLUTION GRANTING THE PETITION OF THE PORT OF CORPUS CHRISTI AUTHORITY FOR ANNEXATION OF APPROXIMATELY FIVE TRACTS, TOTALING APPROXIMATELY 6.635 ACRES, OF SUBMERGED LAND, OWNED BY THE PORT OF CORPUS CHRISTI AUTHORITY, ABUTTING THE SOUTHERN SHORELINE OF NUECES BAY INTO THE CITY OF CORPUS CHRISTI, TEXAS WHEREAS, the Port of Corpus Christi Authority filed a petition for annexation of annex approximately five tracts, totaling approximately 6.635 acres, of submerged land owned by the Port of Corpus Christi Authority, adjacent to the city limits along the southern shoreline of Nueces Bay, that lie between the current city limit line and the Nueces Bay shoreline, to the City of Corpus Christi, with the City Secretary on August 14, 2009; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council grants the Petition for Annexation filed with the City Secretary by the Port of Corpus Christi Authority on the 14th day of August, 2009, and presented to the City Council of the City of Corpus Christi on the 25th day of August, 2009, requesting the that the following land be annexed to the City of Corpus Christi, Texas, to -wit: The submerged lands in Nueces Bay between the current city limits and the current southern shoreline by replacing two portions of the existing city limit line established by annexation Ordinance No. 2919, 10 -31 -50 and annexation Ordinance No. 9270, 3 -12- 69 with the following city limit lines, to specifically allow for natural accretion, erosion and avulsion, causing the annexation of 6.635 acres of submerged land further described as follows: Line 1: Beginning at the intersection of the west line of State Tract 691 and the low water line along the shoreline of Nueces Bay, the city limit line established by Ordinance No. 6636, September 19, 1962 for the west corner of the area here -in described; Thence easterly along the meanders of the low water line of the Nueces Bay shoreline, to its intersection with the west line of a 63.71 acre tract now or formerly owned by Nueces Bay WLE, L.P., for a corner; and Line 2: Beginning at a point formed by the intersection of State Submerged Land Survey Tracts 708, 708A and the low water line of the east shoreline of Nueces Bay and generally located on the western edge of Dredge Material Placement Area No.1; PCCA Annexation Resolution 08192009 -208- Page2of3 Thence continuing in a general north easterly direction, with the low water line along the shoreline of Nueces Bay to its intersection with the northerly extension of the POCCA Herbie A. Maurer Dredge Material Placement Area east dike toe for a corner; Thence in a southerly direction, with the said east dike toe of the POCCA Herbie A. Mourer Dredge Material Placement Area, to its intersection with the afore - mentioned city limit line established by Ordinance No. 2919, October 31, 1950 for the east end point. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 19th day of August, 2009. R. J i R6ining First Assistant Cfty Attorney For City Attorney PCCA Annexation Resolution 08192009 —209— Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott PCCA Annexation Resolution 08192009 —210— Page 3 of 3 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 8/18/2009 AGENDA ITEM: ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 2 "ADMINISTRATION," TO ESTABLISH THE ADVISORY COMMITTEE ON COMMUNITY PRIDE ISSUE AND BACKGROUND: As requested by the Mayor and established as a Council Goal by City Council for 2009 - 2010, this Ordinance creates the Advisory Committee on Community Pride. Purpose: The purpose of the committee is to advise the Mayor and City Council on development and implementation of a comprehensive community pride campaign. Activities will include the following: (a) Review existing and proposed goals and strategies related to the City's Pride Campaign aimed at advancing city -wide clean -up and recycling goals, development of beautification programs and enhancement of existing programs such as Adopt -A- Beach, Adopt Downtown, Keep our Beaches Clean, Clean Air Fair, and other related events; (b) Review marketing strategies related to the City's Pride Campaign which promote cleanliness and beautification projects in partnership with local businesses; (c) Review strategies to engage the public to promote community pride and beautification programs at public meetings, community presentations and other City events; (d) Provide input into existing and proposed goals and objectives of current recycling, litter reduction, and solid waste environmental programs; (e) Review new program methodologies related to community pride; (f) Acquaint itself with the pride and cleanliness issues within the community; (g) Cultivate and promote public knowledge, understanding, and acceptance of the need for community pride initiatives; (h) Provide a public forum for discussion of community needs related to a community pride initiative; (i) Endeavor to support and foster the efforts of all local cooperating groups having a focus on community pride and beautification efforts; and (j} Encourage community involvement in pilot programs aimed at increased community pride. -213- Appointments: As drafted, the committee will be appointed by the Mayor and approved by City Council and will include 11 members of the community as well as two ex- oficio committee members of city staff to include the Director of Neighborhood Services and the Director of Public Information. REQUIRED COUNCIL ACTION: Approval of the attached Ordinance. FUNDING: There is no funding requirement. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the attached Ordinance. C Margie ' ose Assistant City Manager mar•ier _• c , exas.com udy D. Ga lntergovern = tal Rel - . Director rudyga @cctexas.com 361 - 826 -3082 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 2 "ADMINISTRATION," TO ESTABLISH THE ADVISORY COMMITTEE ON COMMUNITY PRIDE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The Code of Ordinances, Chapter 2 "Administration," Article IV "Miscella- neous Boards, Commissions and Committees," is amended to add a new Division to read as follows: "DIVISION 28. ADVISORY COMMITTEE ON COMMUNITY PRIDE fi Sec. 2 -280. Created; purpose. "There is hereby created the Advisory Committee on Community Pride. The purpose of the committee is to advise the Mayor and City Council on development and implementation of a comprehensive community pride campaign that will interrelate with the efforts and purpose of the Clean City Advisory Committee. "Sec. 2-281. Duties. "The committee shall act as an advisor to the Mayor and City Council regarding development and implementation of a comprehensive community pride campaign that will interrelate with the efforts of the Clean City Advisory Committee, including but not limited to the following activities: "(a) Review existing and proposed goals and strategies related to the City's Pride Campaign aimed at advancing city -wide clean -up and recycling goals, development of beautification programs and enhancement of existing programs such as Adopt -A- Beach, Adopt Downtown, Keep our Beaches Clean, Clean Air Fair, and other related events; "(b) Review marketing strategies related to the City's Pride Campaign which promote cleanliness and beautification proiects in partnership with local businesses; "(c) Review strategies to engage the public to promote community pride and beautification programs at public meetings, community presentations and other City events; "(d) provide input into existing and proposed goals and objectives of current recycling, litter reduction and solid waste environmental programs; "(e) review new program methodologies related to community pride; "(f) acquaint itself with the pride and cleanliness issues within the community., "(g) cultivate and promote public knowledge, understanding, and acceptance of the need for community pride initiatives., "(h) provide a public forum for discussion of community needs related to a community pride initiative; "(1) endeavor to support and foster the efforts of all local cooperating groups having a focus on community pride and beautification efforts; and "(1) encourage community involvement in pilot programs aimed at increased community pride. "Sec. 2 -282. Membership; terms; filling vacancies; ex- officio members. "(a) The committee shall consist of eleven (11) members appointed by the Mayor with the approval of the City Council. "(b) Of the initial members, six (6) members shall serve a two -year term and five (5) members shall serve a one -year term, as determined by a drawing to be conducted by the City Secretary's office. Thereafter, all terms shall be two (2) Years. "ic) In the event a vacancy occurs during any term, the appointment of a new member shall be to fill the unexpired term. "(d) The Director of Public Information and the Director of Neighborhood Services shall serve as ex- officio members of the committee without vote. "Sec. 2 -283 Quorum; procedures; officers; staff Iiasison, meetings; subcommittees. "(a) The majority of members shall constitute a Quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters before the committee. (b) The committee may adopt its own rules of procedure for the conduct of its business and may amend the same from time to time. A copy of the adopted rules of procedure must be placed on file in the City Secretary's Office. "(c) At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice - chairperson to serve during the initial two -year term. Thereafter, the chairperson and vice - chairperson shall be elected by a majority of the whole committee to serve one -year terms. Following the initial election, subsequent elections for chairperson and vice - chairperson shall be held each year at the first regular meeting after appointments to fill expiring terms. "(d) The Special Assistant to the Assistant City Manager -- Clean City /Community Pride, or designated representative shall serve as the staff liaison and shall assist with its duties. (e) The committee shall meet at least once each month and shall meet on the call of the chairperson or of a majority of its members. (f) The chair of the committee, with the approval of the committee, may establish such subcommittees as may be necessary or appropriate to assist the committee in its studies and in the performance of its duties. Members of such subcommit- tees shall be appointed only from among members of the committee. "Sec. 2-284-2-309. Reserved." Section 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section 3. Publication is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance reading on this the jday of Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick as reed for the first time and passed to its second , 2009, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick APPROVED AND PASSED on this ATTEST: Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Armando Chapa, City Secretary APPROVED as to form: July 30, 2009 Mary w , City Attorney day of , 2009. Joe Adame, Mayor ADVISORY COMMITTEE ON COMMUNITY PRIDE — Eleven (11) vacancies with terms to 8 -25 -10 and 8- 25 -11. (Appointed by the Mayor with approval of the Council) (Of the initial members, six (6) members shall serve a two-year term and five (5) members shall serve a one-year term, as determined by a drawing to be conducted by the City Secretary's Office. Thereafter, all terms shall be two (2) years.) DUTIES: To advise the Mayor and City Council on development and implementation of a comprehensive community pride campaign that will interrelate with the efforts and purpose of the Clean City Advisory Committee. COMPOSITION: The committee shall consist of eleven (11) members appointed by the Mayor with approval of the City Council to serve two -year terms. The Director of Public Information and the Director of Neighborhood Services shall serve as ex- officio without vote. THE FOLLOWING 11 RECOMMENDATIONS: James Chrobocinski J. Kyle Davidson Will Douglas Evonne M. Gottsch INDIVIDUALS ARE THE MAYOR'S Manager of Oncology Department, Christus Spohn Memorial and Realtor, RE/MAX Padre Island. Registered Nurse. Attended Del Mar College and Park University- Healthcare. Recipient of Beautify Corpus Christi - Volunteer of the Year. Activities include: President - Beautify Corpus Christi Association, Flint Hills Resources Community Action Council, College Tech Prep Board of Directors, and Island Foundation School Board Member. (8 -6 -09) Vice President, Davidson Capital Management, Inc. Received BBA in Marketing from Southwest Texas State University. Activities include: Board Member - Beautify Corpus Christi. (7- 27 -09) Broker Associate, Joe Adame & Associates, Inc. Received BA in Business Administration, CCIM, SIOR. (7- 24 -09) Owner, EPIC Sports and Entertainment. Employed at Shutters Management, Ltd. Received BA in English Literature and Arts from St. Edwards University at Austin. Activities include: Board of Directors -KEDT, PATCH, and Founder of CC Under 40. (7- 24 -09) —219— Ryan R. Griffith Mark Minutaglio C. Michelle Peters Rehabilitation Technician, Donna Johnson, PA and Realtor, 361 Realty. Attended Del Mar College and Texas Real Estate Institute. Activities include: Co -Chair Young Professionals Network, Red Cross and Various Volunteer Activities. (7- 24 -09) President, South Texas Provisions. Received BA in Business Management from Penn State University. (8 -18- 09) Communications Director, Corpus Christi Chamber of Commerce. Received AA in Journalism and AA in Liberal Arts from Del Mar College and BA in Communications from Texas A &M University at Kingsville. Activities include: Secretary - YWCA of Corpus Christi Board. Graduate of Leadership Corpus Christi Class 36 and Citizen University Class 2. DMD Mardi Gras Duchess of Water St. 2007. (7- 24 -09) Philip John Ramirez, A.I.A. Principal Architect, Turner and Ramirez Architects. Received a Bachelors of Architecture from University of Texas at Austin. Activities include: CCHCC Board Member, Bold Future Advisory Committee, American Institute of Architects, and Downtown Redevelopment Committee. Recipient of CC 40 Under 40 Award. (8 -4 -09) Stacy Richards Ryan Ridlehuber Occupational Therapist. Received BS in Psychology from Texas A &M University at College Station and BS in Occupational Therapy from Texas Tech School of Allied Health at Lubbock, Texas. Activities include: Board of Directors - Master Kings Crossing Homeowners Association, Vice President - Junior League of Corpus Christi, and Certified Handler and Therapy Dog Volunteer. (7- 24 -09) Sales Manager, South Texas Trench Safety, LLC. Received BBA in Finance from University of Texas at Austin. Activities include: Associated Builders and Contractors. (8- 11 -09) -220-- Monica McLeod Sawyer President, McLeod Creative. Received a Bachelor of Arts in Graphic Design. from University of Florida at Gainesville and Graphic Design Certificate of Study from Royal College of Art, London. Activities include: CC PATCH President. Recipient of CC Under 40 Award, Best Downtown Business and Landmark Commission Award for Leadership for PATCH. (8- 12 -09) —221— 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: _08/25/09_ AGENDA ITEM: Consideration of a motion directing staff to continue working towards implementation of a Storm Water Utility Rate no earlier than January 2010. REQUIRED COUNCIL ACTION: City Council is requested to approve or disapprove a motion directing staff to move forward to continue with development of a storm water utility charge. PREVIOUS COUNCIL ACTION: At the October 30, 2007 Workshop 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. On December 18, 2007 Council directed staffto move forward with an ERU -based rate model and passed a Resolution declaring intent to establish a storm water utility system for implementation in Fiscal Year 2008 -2009; and approving the design concepts for new water and storm water rates. On January 29, 2008, Council approved a Resolution regarding various policy recommendations. On May 13, 2008 Council approved an Ordinance creating a separate Storm Water Utility and directed staffto move forward with an impervious cover -based rate design for implementation in Fiscal 2009 -2010. A Public Hearing was held on June 16, 2009 regarding the storm water utility charge. On July 7, 2009 City Council agreed with stafFs recommendation to delay implementation of the storm water utility charge for a minimum of six months. Recently the Mayor agreed to place an item on the agenda to consider this recommendation by staff. CONCLUSION AND RECOMMENDATION: Staff recommend aTroval of a motion to allow staff to continue with development of a storm water utility chage. I W � J eH.Gra,'E D tor of Storm Wa - r and Street Operations ValerieG( cctexas.co 361.826.1872 or 361.826.1875 Attachments: Background Information —225— BACKGROUND INFORMATION On May 13, 2008, City Council approved the Second Reading establishing a Storm Water Utility. At that time, Council directed staff to move forward with an impervious cover rate design to be implemented August 1, 2009. In June 2008, the City contracted with HDR Engineering, Inc. to perform the impervious cover calculation and develop a rate model. Sanborn Mapping Co. was subcontracted and the digital aerial photography was flown in July and August, 2008. Impervious cover calculations by parcel were delivered to HDR at the end of January 2009. Since that time, HDR has worked on integrating the aerial photography with the City's GIS data base as well as its HTE billing and land file information in order to develop the impervious cover -based rate and billing capabilities. Public Meetings regarding the storm water rate were held on May 20, 2009 and May 26, 2009 at the Del Mar Center for Economic Development. The meetings, which had small numbers of attendees, included a presentation and question & answer sessions. A third presentation was given on June 10, 2009 to the Planning Commission. Before the rate and charges for a storm water utility can be implemented, an ordinance establishing those charges must be approved. Chapter 402, Texas Local Government Code, requires that, before adopting the ordinance establishing storm water utility charges, a Public Hearing must be held. The City must give notice of the hearing in the manner provided by Chapter 402, Subsection (C). The first publication of the notice of the hearing was Monday, May 18, 2009. The subsequent second and third publication dates were June 1, 2009 and June 15, 2009. The public hearing for the proposed ordinance establishing the storm water utility charge was held on June 16, 2009. On July 7, 2009 during the first reading of the Fiscal Year 2009 -2010 Budget, staff requested that implementation of the storm water utility charge be delayed a minimum of six months so that further work could be done. Council agreed with that request and the budget was changed accordingly. Subsequent to that decision, staff was asked to place an action item in front of Council in order to receive guidance on moving forward with development of the storm water utility charge. —226— 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Quarterly report from the Crime Control and Prevention District. STAFF PRESENTER(S): Name Title/Position Department 1. John W. Moseley Acting Chief of Police Police 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Susie Luna - Saldana President Crime Control & Prevention District Board 2. ISSUE: The District presents quarterly presentations to the City Council. REQUIRED COUNCIL ACTION: None required Additional Background 0 Exhibits 0 Joh W. Moseley Acting Chief of Police Quarterly Project Update • Solid Waste Graffiti Removal Team Fiscal Year 2008 -2009 • 1,847 sites • 118,292 square footage 3 • 1 Graffiti Coordinator and 1 Sr. Staff Asst hired March 2008 • Since April 2008 — 254 sites painted by 810 volunteers — 60,147 square footage — 398 Gallons of paint • Two detectives are assigned to investigate and file cases. January — July 2009 = 58 arrests — 62% Juveniles 4 • August 15, 2009: Nueces County Juvenile Probation "Make Amends" program - - Covered 2,355 square feet in one day — 18 different sites — Utilized juvenile offenders sentenced to community service; some were graffiti offenders 5 • January — July 2009 — Total $ value recovered = $208,704 — # of items recovered = 249 — # of cases closed = 76 Since inception in 1999, total $ value recovered = $2,444,919 6 • 12 area pawn shops download data — Also some pawn shops from Aransas Pass, Alice, Beeville, Kingsville, Victoria — Also enter transactions from Gold and Coin buyers in the City • 13 area pawn shops do not download • 12,000 pawn tickets monthly are downloaded or manually entered • New on -line software agreement called Leads On Line allows the detail to locate frequent pawners and local pawners who are pawning outside of our city. • Began using on -line February 2009 — Recoveries using Leads -on -Line = $134,144 — On 06/25/09, Leads -on -line provided a hit on a Rolex watch valued at $6,000 stolen on 05/03/09 8 • 8 detectives work pawn shop cases. • The 4 civilians duties: — Data entry — Pick up pawn tickets twice a week — One clerk runs stolen property serial # on a daily basis through Leads -on -Line 9 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Update of Regional Health Awareness Board OUTSIDE PRESENTER: Name Title /Position 1. James Mobley, MD Chairman PowerPoint Supplemental Information Organization Regional Health Awareness Board Margie C. Rose Assistant City Manager margier at ..cctexas.com 361.826.3232 C) 10 0) N- 19 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION Date: August 25, 2009 AGENDA ITEM: Corpus Christi Regional Transportation Authority (RTA) Annual Report OUTSIDE PRESENTER(S): Name 'I. Eduardo Carrion Title /Position Organization Chief Executive Regional Transportation Officer Authority BACKGROUND: Corpus Christi Regional Transportation Authority will present their annual report on the state of the Authority. This report will cover the Authority's financial status, project partnerships between the City of Corpus Christi and the Authority, and provide an update on current and future initiatives. REQUIRED COUNCIL ACTION: None PowerPoint Supplemental Information 0 g 2 I I •❑I E 0 ❑1 .El' Ed Eg ki g .g a g 2 FD--1 a E= E P Gd g J 1 1 1 ki O 1 1 a r, 0 Sales & Use Tax Passenger Services w 0 Investments Reserves I: Transportation 0 Vehicle Maintenance D Facilities & Capital D Direct Support D Administration D Street Improvements 0 Grants Matching V 70 to Oct} O' s O d d O +C av co r:t o aZ O Y d (6 0 L