HomeMy WebLinkAboutAgenda Packet City Council - 10/27/2009mow
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October 27, 2009
11:45 A.M. - Proclamation declaring the week of October 25 -31, 2009 as "Pastoral Care Week"
Recognition of the Corpus Christi Marina as recipients of the 2009 Marina Association of
Texas "Marina of the Year" and "Clean Marina of the Year" Awards
"At Your Service" Award, City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
OCTOBER 27, 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 4:00 p.m., or the
end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state
your name and address. Your presentation will be limited to three minutes. If you have a petition or other information
pertaining to your subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, 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 call the meeting to order.
B. Invocation to be given by Reverend Michael Doane, Christus Spohn Health System.
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 Tern John Marez
Council Members:
Chris N. Adler City Manager Angel R. Escobar
Brent Chesney Interim City Attorney Lisa Aguilar
Larry Elizondo, Sr. City Secretary Armando Chapa
Kevin Kieschnick
Priscilla Leal
Nelda Martinez
Mark Scott
Agenda
Regular Council Meeting
October 27, 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 October 20, 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.
2. Executive session under Section 551.071, 551.072 and Section
551.087 of the Texas Government Code for deliberations
regarding the lease of real property and for deliberations
regarding the offer of a financial or other incentive to a business
prospect relating to Memorial Coliseum with possible discussion
and action related in open session.
G. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
H. 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.
Agenda
Regular Council Meeting
October 27, 2009
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
I. CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by
one vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items
not requiring separate discussion have been acted upon. The remaining
items will be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration.)
3.
a. Ordinance appropriating $340,944 from anticipated revenues
received from work performed by the Street Department for
Capital Improvement Projects (CIP) into the General Fund
No. 1020 for the purchase of one (1) asphalt paver;
changing the FY 2009 -2010 Operating Budget adopted by
Ordinance No. 028252 by increasing revenues and
expenditures by $340,944 each. (Attachment # 3)
b. Motion approving the purchase of one (1) asphalt paver from
Holt Cat, Corpus Christi, Texas in the amount of $340,944.
The award is based on the Cooperative Purchasing
Agreement with the Texas Local Government Cooperative.
This unit is a replacement to the fleet and will be used by the
Street Department. Funds are available in the Street
Operations Budget for FY 2009 -2010. (Attachment # 3)
4. Motion approving a service agreement with Apollo Towing, of
Corpus Christi, Texas for wrecker service for City -owned
vehicles in accordance with Bid Invitation No. BI- 0011 -10 based
on best value for an estimated annual expenditure of $66,025 of
which $49,518 is budgeted in FY 2009 -2010. The term of the
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 Maintenance Services and the
Fire Department in FY 2009 -2010. (Attachment # 4)
Agenda
Regular Council Meeting
October 27, 2009
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
5. Motion approving a supply agreement with Martin Marietta
Materials, of Portland, Texas for flexible base caliche and
crushed limestone base in accordance with Bid Invitation No.
BI- 0168 -09, based on low bid, for an estimated annual
expenditure of $190,570, of which $142,927.50 is required for
FY 2009 -2010. The term of the contract shall be for twelve
months with an option to extend for up to two additional twelve
months, subject to the approval of the supplier and the City
Manager or his designee. Funds have been budgeted by the
Gas, Water, Wastewater, Storm Water and Street Departments
in FY 2009 -2010. (Attachment # 5)
6. Motion approving a 24 -month service agreement with Coastal
Sweeping Service, of Corpus Christi, Texas, for street sweeping
services in accordance with Bid Invitation No. BI- 0170 -09,
based on low bid, for an estimated two -year expenditure of
$553,757.80 of which $207,659.25 is budgeted for FY 2009-
2010. The term of the agreement shall be for 24 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. The service will be administered by the Storm
Water Department. (Attachment # 6)
7. Motion approving insurance policies with Texas Municipal
League Intergovernmental Risk Pool for Property & Casualty
Insurance to include: Primary and Excess Aviation Liability,
Excess Gas Utility Liability, Premises General Liability,
Automobile Liability for TB Clinic Van, Auto Physical Damage,
and Fleet Catastrophic and Crime Coverage, in accordance with
Request for Proposal Number BI- 0196 -09 for an estimated one -
year expenditure of $253,479.41 of which $190,109.56 is
required for the remainder of FY 2009 -2010. The term of the
insurance policies will be for one year with an option to extend
for up to four additional twelve -month periods subject to the
approval of the service provider and the City Manager or his
designee. This service will provide necessary coverage for all
applicable City departments. Funds are available in the
Liability /Employee Benefit— Liability Fund in FY 2009 -2010.
(Attachment # 7)
Agenda
Regular Council Meeting
October 27, 2009
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
8. Resolution authorizing the City Manager or his designee to
execute an Interlocal Cooperation Agreement with the Port of
Corpus Christi Authority for the Police Department to share
personnel for the purposes of staffing a joint search and
recovery dive team. (Attachment # 8)
9.
a. Ordinance authorizing the City Manager, or his designee, to
execute an On- Airport Rental Car Concession and Lease
Agreement with the Hertz Corporation and Simply Wheelz,
LLC, d.b.a. Advantage Rent -A -Car, to operate a concession
and to lease real property and improvements located at the
Airport in consideration of concession /lease payments, with
a term expiring October 31, 2014, subject to return
submission to the City of an executed agreement.
(Attachment # 9)
b. Ordinance authorizing the City Manager, or his designee, to
execute an On- Airport Rental Car Concession and Lease
Agreement with DTG Operations, Inc. d.b.a. Dollar Rent A
Car and as Thrifty Car Rental, to operate a concession and
to lease real property and improvements located at the
Airport in consideration of concession /lease payments, with
a term expiring October 31, 2014, subject to return
submission to the City of an executed agreement.
(Attachment # 9)
c. Ordinance authorizing the City Manager, or his designee, to
execute an On- Airport Rental Car Concession and Lease
Agreement with Gulf Coast Car Rentals, Inc., d.b.a. National
Car Rental, to operate a concession and to lease real
property and improvements located at the Airport in
consideration of concession /lease payments, with a term
expiring October 31, 2014, subject to return submission to
the City of an executed agreement. (Attachment # 9)
d. Ordinance authorizing the City Manager, or his designee, to
execute an On- Airport Rental Car Concession and Lease
Agreement with Coastal Bend Rent -A -Car, Inc., d.b.a. Avis
Rent A Car, to operate a concession and to lease real
property and improvements located at the Airport in
consideration of concession /lease payments, with a term
expiring October 31, 2014, subject to return submission to
the City of an executed agreement. (Attachment # 9)
Agenda
Regular Council Meeting
October 27, 2009
Page 6
10.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
e. Ordinance authorizing the City Manager, or his designee, to
execute an On- Airport Rental Car Concession and Lease
Agreement with EAN Holdings, L.L.C., d.b.a. Enterprise
Rent -A -Car, to operate a concession and to lease real
property and improvements located at the Airport in
consideration of concession /lease payments, with a term
expiring October 31, 2014, subject to return submission to
the City of an executed agreement. (Attachment # 9)
a. Resolution authorizing the City Manager or his designee to
accept a grant from the U.S. Department of Housing and
Urban Development for the 2009 Community Development
Block Grant — Recovery (CDBG -R) Program and implement
the grant for the following recipients: Coastal Bend Alcohol
and Drug Rehabilitation Center, Inc., d.b.a. Charlie's Place
($105,500); Coastal Bend Center for Independent Living
($25,378); CPUBright Biz — Direct Energy ($70,000),
Nueces County Mental Health and Mental Retardation
Community Center Foundation ($75,000); Neighborhood
Centers of Corpus Christi, Inc. ($125,000), and Westside
Business Association ($100,000); and to execute all related
documents. (Attachment # 10)
b. Ordinance appropriating a grant of $911,062 from the U.S.
Department of Housing and Urban Development for the
2009 Community Development Block Grant — Recovery
(CDBG -R) Program in the No. 1059 Grant Fund for
approved community planning and development projects
and activities. (Attachment # 10)
11. Resolution authorizing the City Manager or his designee to
submit a grant application to the U. S. Department of Housing
and Urban Development in the amount of $1,012,725 for the
"HOME 2010" Continuum of Care Homeless Assistance Grant
and to execute all related documents. (Attachment # 11)
12. Resolution authorizing the City Manager or his designee to
submit a grant application to the Texas Parks and Wildlife
Department's Safe Boating Access Program in the amount of
$500,000 for Phase II of reconstruction of "Billing's and Clem's"
boat ramps located near John F. Kennedy Causeway on the
north side of State Highway 358 on Packery Channel; with a
Agenda
Regular Council Meeting
October 27, 2009
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
land match from the value of leased land ($167,000) owned by
the Texas Department of Transportation (TxDOT) and Texas
General Land Office (GLO) for a total project cost of $667,000.
(Attachment # 12)
13. Motion authorizing the City Manager or his designee to execute
a construction contract with KJM Commercial of Corpus Christi,
Texas, in the amount of $467,000 for Police Department
Building Elevators, Phase I, for the Total Base Bid plus Additive
Bid Item No. 1. (BOND ISSUE 2008) (Attachment # 13)
14. First Reading Ordinance — Naming the Promenade, sidewalks,
and adjacent areas along Corpus Christi Beach, as the Corpus
Christi Beachwalk. (Attachment # 14)
J. PUBLIC HEARINGS: (To be considered at approximately
1:30 P.M.)
15.
RENEWAL COMMUNITY
a. Public hearing to consider and nominate applications to the
Office of the Governor for Commercial Revitalization
Deduction allocations. (Attachment # 15)
b. Resolution nominating projects to the Office of the Governor
for Renewal Community Commercial Revitalization
Deductions as follows: (Attachment # 15)
1. Waterfront Communications, LLC - $150,000 for a
building located at 1024 Leopard St.
2. SWHP Properties, Ltd. - $1,300,000 for a building located
at 723 Upper Broadway
c. Resolution adopting the Corpus Christi Commercial
Revitalization Local Strategic Plan. (Attachment # 15)
WIND ENERGY ORDINANCE
16. Public Hearing to consider and First Reading Ordinance
amending the Corpus Christi Zoning Ordinance by adding new
definitions in Sections 3 -1, by re- designating Subsection 3-
1.64.1 as Subsection 3- 1.64.2, by re- designating and revising
Subsection 3.1.67.3 as Subsection 3.1.67.4, by revising
O
Agenda
Regular Council Meeting
October 27, 2009
Page 8
K.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Subsections 3- 1.65.2 and 3- 1.65.5, by adding a new Article
27D, and revising Section 29 -3.13, relating to the use,
regulations, and review standards for the installation and siting
of Wind Energy Conversion Units within the City Limits;
amending conflicting provisions of the City's Comprehensive
Plan; repealing conflicting ordinances; providing for severance;
providing for penalties; providing for publication; and providing
an effective date. (Attachment .# 16)
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS, AND ORDINANCES:
17.
a. Resolution authorizing the Corpus Christi Business and Job
Development Corporation to execute an affordable housing
project agreement with Habitat for Humanity — Corpus
Christi, Inc., in the amount of $150,000 for construction of
four new homes, and authorizing the City Manager or his
designee to execute an affordable housing project
administration agreement with the Corpus Christi Business
and Job Development Corporation regarding implementation
and administration of the affordable housing project
agreement between Corporation and Habitat for Humanity —
Corpus Christi, Inc. for construction of four new homes.
(Attachment # 17)
b. Resolution authorizing the Corpus Christi Business and Job
Development Corporation to execute an affordable housing
project agreement with Nueces County Community Action
Agency, in the amount of $100,000 for the acquisition,
rehabilitation, and resale of existing affordable homes, and
authorizing the City Manager, or his designee, to execute an
affordable housing project administration agreement with the
Corpus Christi Business and Job Development Corporation
regarding implementation and administration of the
affordable housing project agreement between Corporation
and Nueces County Community Action Agency for the
acquisition, rehabilitation, and resale of existing affordable
homes. (Attachment # 17)
Agenda
Regular Council Meeting
October 27, 2009
Page 9
18.
19.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
a. Resolution authorizing the City Manager or his designee to
execute all documents necessary to accept the $314,901
grant from the General Land Office (GLO), Coastal
Management Program (CMP) grant for support of the Oso
Bay Learning Center and Wetland Preserve; land match is
77.07 acre parcel of land held by Coastal Bend Bays and
Estuaries Program. (Attachment # 18)
b. Ordinance appropriating $314,901 from the General Land
Office (GLO) Coastal Management Program (CMP) grant in
the No. 1067 Parks and Recreation Grants Fund for land
acquisition for the Oso Bay Learning Center and Wetland
Preserve. (Attachment # 18)
a. Resolution authorizing the City Manager or his designee to
accept grants from the U.S. Department of Housing and
Urban Development (HUD) for the 2009 Community
Development Block Grant ($4,318,248), HOME Program
($2,182,635), and the Emergency Shelter Grant Program
($149,354), and to execute all documents necessary to
implement the City's 2009 Consolidated Annual Action Plan
as authorized by HUD. (Attachment # 19)
b. Ordinance appropriating grants from the U. S. Department of
Housing and Urban Development in the No. 1059 Grant
Fund of $4,318,248 for the 2009 Community Development
Block Grant Program, $2,182,635 for the HOME Program,
and $149,354 for the Emergency Shelter Grant Program for
approved community planning and development projects
and activities. (Attachment # 19)
c. Motion ratifying funding agreements with 2009 Community
Development Block Grant Program, HOME Program, and
Emergency Shelter Grant Program recipients to be effective
August 1, 2009. (Attachment # 19)
20. Motion authorizing the City Manager, or his designee, to
execute a construction contract with KJM Commercial, Inc. of
Corpus Christi, Texas in the amount of $1,800,845.30 for the
State School Sports Complex, Phase 1 and Old State School
Property Development, Phase 2 for the Base Bid. (Attachment
# 20)
Agenda
Regular Council Meeting
October 27, 2009
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
L. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
21. Columbus Sailing Association Presentation regarding the
Columbus Ships (Attachment # 21)
22. Update on Process Improvements in the Development Services
Department (Attachment # 22)
23. Health and Risk Management Claims Report — 4th Quarter FY
2009 / General Accounting Standards Board (GASB) Report
(Attachment # 23)
24. Change in Fiscal Year Update (Attachment # 24)
M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 4:00 P.M., OR AT THE END OF THE
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE 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
MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS
POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST
AMENDMENT RIGHTS.
Agenda
Regular Council Meeting
October 27, 2009
Page 11
N. CITY MANAGER'S COMMENTS: (NONE)
O. ADJOURNMENT:
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at " G O p.m.,
on October 22, 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
i4IPMY CCTM
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
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 20, 2009 - 12:00 p.m.
PRESENT
Mayor Pro Tern John Marez
Council Members:
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
Nelda Martinez
Mark Scott
Absent:
Mayor Joe Adame
City Staff:
City Manager Angel R. Escobar
Interim City Attorney Lisa Aguilar
City Secretary Armando Chapa
Mayor Pro Tern Marez called the meeting to order in the Council Chambers of City
Hall.
The invocation was delivered by Mr. Ceven C. Cullens of Real Life Fellowship and
the Pledge of Allegiance to the United States flag was led by Council Member Kevin
Kieschnick.
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 Pro Tern Marez called for approval of the minutes of the regular Council
meeting of October 13, 2009. A motion was made, seconded and passed to approve the
minutes as presented.
* * * * * * * * * * **
Mayor Pro Tern Marez announced the executive sessions, which were listed on the
agenda as follows. (Note: Council Member Chesney did not attend or participate in the
discussions related to Item No. 2.)
2. Executive session under Section 551.071, 551.072 and Section 551.087 of the
Texas Government Code for deliberations regarding the lease of real property and
for deliberations regarding the offer of a financial or other incentive to a business
prospect relating to Memorial Coliseum with possible discussion and action related
in open session.
3. Executive session pursuant to Texas Government Code, Section 551.074
Personnel Matters for deliberations on former Municipal Juvenile Court Judge
regarding appointment, employment, evaluation, reassignment, duties, discipline, or
—1—
Minutes — Regular Council Meeting
October 20, 2009 — Page 2
dismissal of a public officer or employee or to hear a complaint or charge against an
officer or employee.
4. Executive session under Texas Government Code Section 551.071 for consultation
with its attorney regarding Nueces County Water Control and Improvement District
No. 4 vs. City of Corpus Christi, before the Texas Commission on Environmental
Quality, TCEQ Docket No. 2008 - 1473 -UCR, SOAH Docket No. 582 -09 -1170, with
possible discussion and action in open session.
5. Executive session under Texas Government Code Section 551.071 regarding San
Patricio Municipal Water District and South Texas Water Authority vs. City of
Corpus Christi, Cause No. 08- 5366 -G in the 319th Judicial District Court, Nueces
County, Texas, with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive
session. No action was taken.
* * * * * * * * * * **
Mayor Pro Tern Marez deviated from the day's agenda and announced Presentation
Item No. 19, State of Texas Artificial Reef Program.
Mr. J. Dale Shively, Program Coordinator for the State of Texas Artificial Reef
Program, Texas Parks & Wildlife was the presentor. Mr. Shively stated that a Near Shore
Reefing Program is designed to increase marine habitat in the Gulf of Mexico, enhance
fishing and diving opportunities and develop reef sites close to shore within State waters.
He mentioned that in the Corpus Christi and Port Aransas area there are two old reefs that
were inherited when the program first began, the Boatmen's and LoneStar located about 5
and 9 miles offshore. He further explained the criteria used for a reef site location, reef site
layout and design, and identified materials of opportunity to the State such as concrete
culverts, reef balls, quarry rocks, concrete power poles.
Mr. Shively mentioned that in 2009, the Texas Parks & Wildlife reefed a Tugboat in
the Port Mansfield area, and the Humble Channel Bridge Material. He stated that their
partners are the Coastal Conservation Association, Recreational Fishing Alliance,
Matagorda County Government, Port Mansfield Reefing Community, and Reef -Man, LLC.
Mr. Shively explained what is involved in acquiring a Ship and used the Texas
Clipper Ship as an example. He added that the Texas Clipper Ship was used in World
War II, then used by Texas A &M University — Galveston as a research vessel. It was
berthed in Beaumont, Texas. It took about 10 years to get the title transfer, contracted the
Ship to be moved to Brownsville, Texas for cleanup and modification including debris and
material removal. The next phase was removal of hazardous type materials such as
asbestos, hydrocarbons, PCBs, and bilge water, and identified the quantity of materials
that were remediated. The ship was reefed November 2007.
In response to a question by Council Member Scott, Mr. Shively stated that the
process for a reef program involves establishing a working group, locating and surveying
—2—
Minutes — Regular Council Meeting
October 20, 2009 — Page 3
the area for the reef program, submitting a permit to the U.S. Corps of Engineers, holding
public hearings, obtaining surface lease agreement from the General Land Office, and
other necessary steps. Mr. Scott has for a proposed timeline including costs for a reef
program.
Council Members asked questions about the average costs for a ship reef;
advantage of concrete structures; required proximity to shore; costs of building materials;
and removal of hydrocarbons.
The next presentation was Item No. 18, Refinery and Petrochemical Industry. Mr.
Kevin Ferrall, Citgo, recognized Dennis Payne, Valero; Tom Curlee, Port Industries
Coordinator, Lilllian Riojas, Valero and Craig Brown, Flint Hills. He stated that the Port
Industries is comprised of 15 refineries, petrochemical, and fabrication companies located
in Nueces, San Patricio, and Kleberg counties. He discussed the economic future of the
industry and stated that in 2009, Valero closed plants in Aruba with units in Delaware City
and Corpus Christi; Sunoco closed their plant in New Jersey; LyondellBasell closed a unit
in Corpus Christi; and Flint Hills curtailed a plant in Odessa.
Mr. Ferrall provided an overview of the following: competitive factors, cost of doing
business at the Port and displayed a chart depicting the increase in wharfage, dockage and
security fees; proposed Port 2010 Marine Security Force including the approval of three
boats; opposition by Industry of Marine Security proposal; proposed Coastal Bend Security
Advisory Council, status of the Port, and highlighted some key points to sustain the
economic development mission. He added that the proposed formation of the SAC would
be comprised of the Port, Industry, Coast Guard, City and Counties entities, but the Port
did not support this concept.
Council members discussed the following: security issues, port projects causing
tariff increases, deferring La Quinta project, future of the refineries, creation of security
advisory council, review of the port appointment process including all stakeholders,
accountability to the voters, costs of maintenance and operation of the security boats; and
comparison of tariff structure with other gulf coast facilities.
City Manager Escobar announced that Item No. 20, an update on Change in Fiscal
Year was being postponed.
* * * * * * * * * * * * *
Mayor Pro Tem Marez called for petitions from the audience.
Jerry Garcia, Southside Youth Sports Complex, stated that he was satisfied with the
information provided regarding improvements in the Westside area; Wilson Wakefield,
6026 Killarmet, spoke in opposition of Las Brisas Plant; Trian Serbu, 14310 Playa del Rey,
spoke about the proposal for the Memorial Coliseum; Chad Magill, spoke about working
together as a community; Rudy Medina, 5413 Cain Drive, spoke about code violations and
needed repairs to a fence due to canopy trees and light issues; Susie Luna - Saldana, 4710
Hakel, spoke about the time change for the public comment period; Mary Ann Kelly, 4302
Schanen, spoke about the status of a Charter Revision amendment election; Alicia
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Minutes — Regular Council Meeting
October 20, 2009 — Page 4
Benavidez, 7252 Mansions Drive, thanked the council for the selection of the development
proposal for Memorial Coliseum and spoke in support of the memorial veteran's plaque;
Laurie Wood, 3517 Denver, spoke about an article and a bill passed by the Legislature
regarding clean energy; Unidentified Citizen, spoke in support of clean energy; Abel
Alonzo, spoke about clean air and Las Brisas Plant; Tim Byerly, 7722 San Jacinto Circle,
spoke in support of open air space; James Chrobocinski; 15518 Gypsy, spoke about
memorial coliseum project.
* * * * * * * * * * * **
Mayor Pro Tern Marez called for consideration of the consent agenda (Items 6 —
16). There were no comments from the public. City Secretary Chapa polled the Council
for their votes as follows:
6.a. RESOLUTION NO. 028351
Resolution authorizing the City Manager or his designee to accept a grant of
$174,439 from the Texas Department of State Health Services for personnel costs,
equipment and other expenses to fund a public health emergency response
program relating to a plan for responding to an act of terrorism and to execute all
related documents; and ratifying acceptance of the grant agreement to begin
September 15, 2009.
The foregoing resolution was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye "; Adame,
"Absent ".
6.b. ORDINANCE NO. 028352
Ordinance appropriating a grant of $174,439 from the Texas Department of State
Health Services in the No. 1066 Health Grants Fund to provide a public health
emergency response program relating to a plan for responding to an act of
terrorism.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye "; Adame, "Absent ".
7.a. RESOLUTION NO. 028353
Resolution authorizing the City Manager or his designee to accept a grant of
$845,500 from the Texas Department of State Health Services to provide for the
Women, Infants and Children (WIC) program, based on an $11.81 reimbursement
for each participant served, and to execute all related documents; and ratifying
acceptance of grant agreement to begin October 1, 2009.
The foregoing resolution was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye "; Adame,
—4—
Minutes — Regular Council Meeting
October 20, 2009 — Page 5
"Absent ".
7.b. ORDINANCE NO. 028354
Ordinance appropriating a grant of $845,500 from the Texas Department of State
Health Services in the No. 1066 Health Grants Fund to provide for the Women,
Infants and Children (WIC) program, based on an $11.81 reimbursement for each
participant served.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye "; Adame, "Absent ".
8.a. RESOLUTION NO. 028355
Resolution authorizing the City Manager or his designee to accept a grant of
$202,923 from the Texas Department of State Health Services to provide essential
public health services and to execute all related documents; and ratifying
acceptance of grant agreement to begin September 1, 2009.
The foregoing resolution was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye "; Adame,
"Absent ".
8.b. ORDINANCE NO. 028356
Ordinance appropriating a grant of $202,923 from the Texas Department of State
Health Services in the No. 1066 Health Grants fund to provide essential public
health services.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye "; Adame, "Absent ".
9.a. RESOLUTION NO. 028357
Resolution authorizing the City Manager or his designee to accept a grant of
$84,729 from the Texas Department of State Health Services to provide
tuberculosis prevention and control services and to execute all related documents;
and ratifying acceptance of grant agreement to begin September 1, 2009.
The foregoing resolution was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye "; Adame,
"Absent ".
Minutes — Regular Council Meeting
October 20, 2009 — Page 6
9.b. ORDINANCE NO. 028358
Ordinance appropriating a grant of $84,729 from the Texas Department of State
Health Services in the No. 1066 Health Grants fund to provide tuberculosis
prevention and control services.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye "; Adame, "Absent ".
10.a. RESOLUTION NO. 028359
Resolution authorizing the City Manager or his designee to accept a grant of
$22,500 from the Texas Department of State Health Services to provide laboratory
services for the analysis of bay water samples and to execute all related
documents; and ratifying acceptance of grant agreement to begin September 1,
2009.
The foregoing resolution was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye "; Adame,
"Absent ".
10.b. ORDINANCE NO. 028360
Ordinance appropriating a grant of $22,500 from the Texas Department of State
Health Services in the No. 1066 Health Grants Fund to provide laboratory services
for the analysis of bay water samples.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye "; Adame, "Absent ".
11.a. RESOLUTION NO. 028361
Resolution authorizing the City Manager or his designee to accept a grant of $5,000
from the Texas Department of State Health Services for supplies to provide flu
testing and to execute all related documents; and ratifying acceptance of grant
agreement to begin September 1, 2009.
The foregoing resolution was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye "; Adame,
"Absent ".
11.b. ORDINANCE NO. 028362
Ordinance appropriating a grant of $5,000 from the Texas Department of State
Health Services in the No. 1066 Health Grants Fund to provide flu testing.
—6—
Minutes — Regular Council Meeting
October 20, 2009 — Page 7
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye "; Adame, "Absent ".
12.a. RESOLUTION NO. 028363
Resolution authorizing the City Manager or his designee to execute all documents
necessary to accept a Weed & Seed grant in the amount of $142,000 for Corpus
Christi South East (Flour Bluff) Weed and Seed Community for the support of the
Weed & Seed Program from the U.S. Department of Justice (DOJ).
The foregoing resolution was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye "; Adame,
"Absent ".
12.b. ORDINANCE NO. 028364
Ordinance appropriating a $142,000 grant from the United States Department of
Justice for the support of the Corpus Christi South East (Flour Bluff) Weed and
Seed Community FY 2009 -2010 in the Federal /State Grant Fund No. 1067.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye "; Adame, "Absent ".
13. ORDINANCE NO. 028365
Ordinance appropriating $400,000 from U. S. Environmental Protection Agency in
the No. 1071, Community Enrichment Fund for a three year community -wide
Brownfields Assessment Program.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye "; Adame, "Absent ".
14. MOTION NO. 2009 -296
Motion authorizing the City Manager or his designee to execute a construction
contract with Teal Construction Company of Corpus Christi, Texas, in the amount of
$673,010 for the Parks Operation Maintenance Facility at West Guth Park for the
Total Base Bid, Additive Alternate Bid No. 1, and Additive Alternate Bid No. 2.
(BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye "; Adame,
"Absent ".
—7—
Minutes — Regular Council Meeting
October 20, 2009 — Page 8
15. MOTION NO. 2009 -297
Motion authorizing the City Manager or his designee to execute a construction
contract with H &G Contractors, Inc. of Corpus Christi, Texas, in the amount of
$376,642.10 for the Las Colonias Subdivision Drainage Improvements and
Drainage Channel Clearing and Stabilization at Saratoga Bridge for the total base
bid.
The foregoing motion was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye "; Adame,
"Absent ".
16. ORDINANCE NO. 028366
Second Reading Ordinance - Authorizing the City Manager or his designee to
execute an amendment to the Use Agreement with the South Texas Botanical
Gardens & Nature Center for the use of an additional 3.66 acres of land out of the
Botanical Gardens Park Unit 4 Subdivision, located north and adjacent to the South
Staples Street (Farm to Market Highway 2444) public right of way; to facilitate
expansion of the center; and providing for publication. (First Reading - 9/22/09)
An emergency was declared and the foregoing ordinance was passed and
approved on its second reading with the following the vote: Adler, Chesney,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, voting "Aye "; Adame, "Absent ".
* * * * * * * * **
Mayor Pro Tern Marez referred to Item No. 17, regarding an amendment to the City
Code of Ordinance. Mr. John Moseley, Corpus Christi Police Department provided a brief
overview on the amendment being proposed. He stated that the amendment
encompasses two parts of the Texas Transportation Code, Section 551.403, which allows
golf carts under the following three conditions: that it is in a master plan community with
restrictive covenants; public or private beach; or, to and from a golf course within a two
mile limit of a golf course and on a street that is 35 MPH or less. Secondly, the
amendment also includes parts of Section 551.404 with four conditions. He added that the
exceptions to Section 551.404, requires a valid driver's license and insurance on the golf
course and golf cart must be equipped with certain equipment.
There were no comments from the audience. City Secretary Chapa polled the
Council for their votes as follows:
17. ORDINANCE NO. 028367
Ordinance amending the Code of Ordinances, Section 53 -109, by allowing limited
operation of a golf cart on public highway of not more than 35 miles per hour,
pursuant to Section 551.404 of the Texas Transportation Code; providing for
penalties; and providing for publication.
—8—
Minutes — Regular Council Meeting
October 20, 2009 — Page 9
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, Scott, voting "Aye "; Adame, "Absent ".
Mayor Pro Tern Marez announced that the Council was returning to executive
sessions to discuss the following: (Note: Council Member Chesney did not attend or
participate in the discussions related to Item No. 2.)
2. Executive session under Section 551.071, 551.072 and Section 551.087 of the
Texas Government Code for deliberations regarding the lease of real property and
for deliberations regarding the offer of a financial or other incentive to a business
prospect relating to Memorial Coliseum with possible discussion and action related
in open session.
4. Executive session under Texas Government Code Section 551.071 for consultation
with its attorney regarding Nueces County Water Control and Improvement District
No. 4 vs. City of Corpus Christi, before the Texas Commission on Environmental
Quality, TCEQ Docket No. 2008 - 1473 -UCR, SOAH Docket No. 582 -09 -1170, with
possible discussion and action in open session.
5. Executive session under Texas Government Code Section 551.071 regarding San
Patricio Municipal Water District and South Texas Water Authority vs. City of
Corpus Christi, Cause No. 08- 5366 -G in the 319th Judicial District Court, Nueces
County, Texas, with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive
session. No action was taken.
There being no further business to come before the Council, Mayor Pro Tern Marez
adjourned the Council meeting at 6:25 p.m. on October 20, 2009.
* * * * * * * * * * * * *
2
NO ATTACHMENT FOR THIS ITEM
3
Request Council Date: 10/27/09
Alternate Date: 11/10/09
COUNCIL MEMORANDUM
A. APPROPRIATING $340,944.00 FROM ANTICIPATED REVENUES RECEIVED
FROM WORK PERFORMED BY THE STREET DEPARTMENT FOR CAPITAL
IMPROVEMENT PROJECTS INTO THE GENERAL FUND NO. 1020 FOR THE
PURCHASE OF ONE (1) ASPHALT PAVER, CHANGING THE FY 2009 -2010
OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY
INCREASING REVENUES AND EXPENDITURES BY $340,944.00, EACH; AND
DECLARING AN EMERGENCY.
B RECOMMENDATION: Motion approving the purchase of one (1) asphalt paver from
Holt Cat, Corpus Christi, Texas in the amount of $340,944.00. The award is based on the
Cooperative Purchasing Agreement with the Texas Local Government Cooperative. This
unit is a replacement to the fleet and will be used by the Street Department. Funds are
available in the Street Operations Budget for FY09 /10.
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Background:
Basis of Award:
Fundin
The asphalt paver will be used by the Street Department for street
paving projects. Street Operations performs street reworks as part
of their regular street maintenance program. The asphalt pavement
is the final step in the rework project. The new asphalt paver will
increase production capacity and allow the Street Department to do
additional work outside of their regular street maintenance
program. Such projects include Bond 2008 projects - Flour Bluff
Drive from Don Patricio to Yorktown and parking lot work for
some of the sports fields. The work done by the street department
will exceed the amounts needed to purchase the asphalt paver,
however, at this time only the amounts needed for the purchase are
being requested to appropriate.
This new asphalt paver will replace an existing 1991 model which
has out lived its service life. Maintenance Services has determined
that this existing unit should be replaced.
The asphalt paver will be purchased through the BuyBoard, which
is the Texas Local Government Purchasing Cooperative's
electronic purchasing system. The Cooperative is administered by
the Texas Association of School Boards and is endorsed by the
Texas Municipal League (TML) and the Texas Association of
Counties (TAC) and abides by all Texas statutes regarding
competitive bidding requirements.
Micha :. era
Assistant Director of Financial Services
826 -3169
mikeb @cctexas.com
Street Department FY09 -10
550020- 1020 -12430 Total: $340,944.00
—1 7 —
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER - MARIA GARZA
DATE: OCTOBER 27, 2009
ITEM DESCRIPTION
1. Caterpillar AP1000D
Asphalt Paver, 60 month
/5000 hr full machine
warranty.
Award Total
QTY. UNIT
1 each
BID TABULATION
BI- 0034 -10
ASPHALT PAVER
HOLT CAT
CORPUS CHRISTI, TEXAS
Unit
Price
Extended
Price
$340,944.00
$340,944.00
$340,944.00
ORDINANCE
APPROPRIATING $340,944.00 FROM ANTICIPATED
REVENUES RECEIVED FROM WORK PERFORMED BY THE
STREET DEPARTMENT FOR CAPITAL IMPROVEMENT
PROJECTS INTO THE GENERAL FUND NO. 1020 FOR THE
PURCHASE OF ONE (1) ASPHALT PAVER, CHANGING THE FY
2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE
NO. 028252 BY INCREASING REVENUES AND EXPENDITURES
BY $340,944.00, EACH; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. An amount of $340,944.00 from anticipated revenues received from
work performed by the Street Department for Capital Improvement Projects is
appropriated into the General Fund No. 1020 for the purchase of one (1) asphalt
paver.
SECTION 2. The FY 2009 -2010 Operating Budget adopted by Ordinance No.
028252 is changed by increasing Revenues and Expenditures by $340,944.00,
each.
SECTION 3. 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 27th of October,
2009.
ATTEST:
Armando Chapa
City Secretary
APPRO ED AS TO FORM: 21-
By: UY�
Veronica Ocanas
Assistant City Attorney
for City Attorney
102709 ORD App $340,944 for asphalt paver
CITY OF CORPUS CHRISTI
Joe Adame
Mayor
—19—
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
102709 ORD App $340,944 for asphalt paver
—20—
4
Requested Council Action 10/27/09
Alternate Date 11 /10/09
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a service agreement with Apollo Towing, Corpus Christi,
Texas for wrecker service for City owned vehicles in accordance with Bid Invitation No. BI- 0011 -10
based on best value for an estimated annual expenditure of $66,025 of which $49,518 is budgeted in FY
2009 -2010. The term of the 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 Maintenance Services and the Fire Department in FY 2009 -2010.
****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Purpose:
Previous Contract:
Bid Invitations Issued:
Bids Received:
Award Basis:
Funding:
This contract will establish service for category 1 and 2 type vehicles, These
type vehicles are the smaller units in the fleet and consist of motorcycles,
sedans, pick up trucks, utility trucks, vans and small dump trucks.
The wrecker contractor is required to be on call 24 hours per day, 7 days a
week, to tow and provide related services for City owned vehicles.
The option to extend the previous contract has been exercised, requiring the
City to issue new bid invitations.
Eighteen
Two
Best Value
The evaluation team, comprised of team members from Fleet Maintenance,
Police Department and Purchasing, developed a matrix of the evaluation
criteria. The evaluation criteria components set forth in the proposal
included: (1) Resources 25 %, (2) Past Performance 25 %, (3) References
10 %, (4) Bidders Profile and Qualifications 10 %, and (5) Cost 30 %. The
evaluation team reviewed each bid proposal response and completed the
evaluation matrix. Vendor rankings based on this scoring method are
shown in the attached evaluation matrix.
As a result of the evaluation, the team has selected Apollo Towing, Corpus
Christi, Texas as the best valued supplier for this service.
Maintenance Services
530100 -5110 -40170
Fire Department
530160- 1020 -12050
Mich : el arrera
Assistant Director of Financial Services
(361) 826 -3169
mikeb @cctexas.com
—23—
$47,718
1,800
Total: $49,518
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GABRIEL MALDONADO
COUNCIL DATE: 10/27/09
SUMMARY EVALUATION MATRIX
Bid Invitation No.: BI -0011 -10
WRECKER SERVICE FOR GROUP I
OF CITY OWNED VEHICLES
Apollo Towing
Corpus Christi, Tx
Statewide Wrecker Ser
Corpus Christi, Tx
Evaluation Criteria
Maximum
Points
Points
Awarded
Points
Awarded
Resources
25 points
25
21
Past Performance
25 points
25
25
References
10 points
10
10
Bidder's Profile &
Qualifications
10 points
10
10
Pricing
30 points
30
20
SCORE
100
86
Annual Cost
$66.025.00
$98,665.00
5
Request Council Date: 10/27/09
Alternate Date: 11/10/09
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Martin Marietta
Materials, Portland, Texas for flexible base caliche and crushed limestone base in accordance
with Bid Invitation No. BI- 0168 -09, based on low bid, for an estimated annual expenditure of
$190,570 of which $142,927.50 is required for FY 2009 /2010. The term of the contract 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 Gas, Water, Wastewater, Stormwater and Street Departments in FY 2009/2010.
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Purpose:
The flexible base caliche will be used by the participating
departments as a subsurface-foundation for street maintenance and
repair.
Previous Contract: The option to extend the current contract has been exercised,
requiring the City to issue new bid invitations.
Number of bids Issued: Four
Number of bids received: Two
Basis of Award Low bid
Funding: Street Department FY2009 -2010
1020 - 12410- 520130 $114,339.62
Gas
4130- 34130 - 520130 675.02
4130- 34110- 520130 997.00
Water
4010- 31520- 520130 8,917.41
4010 - 31505- 520130 13,399.81
Wastewater
4200 - 33400 - 520130 495.82
Storm Water
4010- 32010 - 520130 4,102.82
i1
Michael arrera
Assistant irector of Financial Services
826 -3169
mikeb@cctexas.com
Total Amount $142,927.50
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: MARIA GARZA
DATE: 10/27/09
BID TABULATION BI- 0168 -09
Flexible Base Caliche and Crushed Limestone Base
Martin Marietta Materials
Corpus Christi, TX
Oso Cotton Burrs, Inc.
Corpus Chr'sti, TX
Item
Description
Qty.
Unit
Unit
Price
Extended
Price
Unit
Price
Extended
Price
1.0 Flexible Base Caliche, Item 247, Type
E, Grade 4, TXDOT Spec. D1 on City
Spec. 1070
1.1 F.O.B. City Storage Yard, 5325 Ayers
St. Corpus Christi, TX
1.2
1.3
1.4
F.O.B. Job Site, West of Corn Products
Road, Corpus Christi, TX
F.O.B. Job Site, East of Corn Prod. Rd.,
Corpus Christi, TX
F.O.B. Job Site, East of Airline Rd to
include Padre Island, in Corpus Christi,
TX
2.0 Crushed Limestone Base, Item 247,
Type A, Grade 1, TX DOT D2 on City
Spec. 1070:
2.1 F.O.B City Storage Yard, 5325 Ayers
Street, Corpus Christi, TX
2.2 F.O.B Job Site, West of Corn Products
Road, Corpus Christi, TX
2.3 F.O.B. Job Site, East of Corn Prod. Rd.
to Airline Rd., Corpus Christi, TX
2.4 F.O.B. Job Site, East of Airline Rd to
include Padre Island, Corpus Christi,
TX
TOTAL
6,000 Tons
100 Tons
100 Tons
100 Tons
1,000 Tons
500 Tons
3,000 Tons
2,000 Tons
$13.50 $81,000.00
13.75 1,375.00
13.95 1,395.00
14.25 1,425.00
16.00 16,000.00
15.75 7,875.00
16.00 48,000.00
16.75 33,500.00
$190,570.00
$14.50 $87,000.00
14.30 1,430.00
14.50 1,450.00
14.50 1,450.00
19.00 19,000.00
18.50 9,250.00
19.00 57,000.00
20.00 40,000.00
$216,580.00
6
Requested Council Action: 10/27/09
Alternate Date: 11/10/09
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a twenty -four month service agreement with
Coastal Sweeping Service, Corpus Christi, Texas, for street sweeping services in accordance
with Bid Invitation No. BI- 0170 -09, based on low bid, for an estimated two -year expenditure of
$553,757.80 of which $207,659.25 is budgeted for FY 2009 /2010. The term of the agreement
shall be for twenty -four 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. The
service will be administered by the Storm Water Department.
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Background
Purpose:
Street sweeping services will be provided to the areas of the city
that have historically been cleaned including downtown/north
beach streets, state and arterial streets. (See Exhibits A, B, & C)
Street sweeping of downtown/north beach area is performed once
per week. Street sweeping of state streets and arterial streets are
performed once a month.
Previous Contract: All options to extend the current contract have been exercised,
requiring the City to issue new bid invitations.
Bid Invitations Issued: 4
Bids Received: 2
Price Comparison: Pricing has increased approximately 5% over the current contract
pricing.
Funding:
Storm Water Department
4300 - 32010 - 530000
FY 2009/2010.
Michael era
Assistant Director of Financial Services
826 -3169
m ikeb(a,cctexas.com
$207,659.25
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER - MARIA GARZA
DATE: 10/27/09
ITEM
DESCRIPTION
QTY. UNIT
BID TABULATION
BI- 0170 -09
STREET SWEEPING SERVICES
Coastal Sweeping
Services, Inc.
CORPUS CHRISTI, TX
Unit Extended
Price Price
Bentex Sweeping, Inc.
CORPUS CHRISTI, TX
Unit Extended
Price Price
1.1
Street sweeping of
Downtown/North Beach Area once
per week (51.01 curb miles x 104
weeks)
1.2 Street sweeping of State Streets
once per month (27.98curb miles x
24 months)
5,305.04 curb mile
671.52 curb mile
1.3 Street sweeping of Arterial Streets 4,154.40 curb mile
once per month (173.10 curb miles
x 24 months)
2.1 Unscheduled Street Sweeping
2.2 Street sweeping (seal coat clean
up) associated with Chip /Seal
Program
300 hour
2,000 hour
$27.81 $147,533.16
$55.58 $37,323.08
$55.58 $230,901.55
60.00 $18,000.00
$60.00 $120,000.00
$29.50 $156,498.68
$59.50 $39,955.44
$59.50 $247,186.80
$125.00 $37,500.00
$125.00 $250,000.00
$553,757.80 $731,140.92
CORPUS CHRISTI BAY
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_
Requested Council Action: 10/27/09
Alternate Date: 11/10/09
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving insurance policies with Texas Municipal League
Intergovernmental Risk Pool for Property & Casualty Insurance to include: Primary and Excess
Aviation Liability, Excess Gas Utility Liability, Premises General Liability, Automobile
Liability for TB Clinic Van, Auto Physical Damage, Fleet Catastrophic and Crime Coverage, in
accordance with Request for Proposal Number BI- 0196 -09 for an estimated one -year
expenditure of $253,479.41 of which $190,109.56 is required for the remainder of FY 09/10.
The term of the insurance policies will be for one year with an option to extend for up to four
additional twelve -month periods subject to the approval of the service provider and the City
Manager or his designee. This service will provide necessary coverage for all applicable City
departments. Funds are available in the Liability/Employee Benefit — Liability Fund in FY
09/10.
****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Background: The current insurance policies for these coverages, which expires on
November 3, 2009, includes all of the above - mentioned types of coverage,
except for Crime which was secured through a separate policy and Auto
Physical Damage (for high -value vehicles), which will be secured by the
City of Corpus Christi (City) for the first time through the insurance
coverages recommended herein.
Purpose: The purpose of insurance is to transfer risk by purchasing proper amounts of
insurance tailored to the City's specific needs. The insurance coverages
recommended herein accomplish this by ensuring the City is properly
insured against catastrophic losses that could result in substantial financial
impairment to the City.
Award Basis: A request for proposal was advertised and issued to eight vendors. One
proposal was received.
The sole proposal was evaluated across four major criteria: Technical
Solution, Proposer's Profile & Qualifications, Premiums and Exceptions.
An evaluation team comprised of representatives from the Risk and
Purchasing Divisions, aided by a contracted consultant, reviewed the
proposal and scored it according to the criteria above.
Price Analysis: Comparing like coverages, the City's annual premiums will decrease by
5.3% as compared to pricing under the current insurance policies.
Funding: Liability/Employee Benefit — Liability Fund
5611- 40520 - 537035 $89,028.75
5611- 40520 - 537060 $35,730.75
5611- 40520 - 537140 $9,282.75
5611- 40520 - 537430 $56,067.31
$190,109.56
Michael Barrera
Assistant Director of inancial Services
E -mail: mikeb @cctexas.com
826 -3169
—39—
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER - PAUL PIERCE
One -Year Agreement
Request for Proposal No.: BI- 0196 -09
Property & Casualty Insurance Coverage
Summary Evaluation Matrix
Maximum
Evaluation Criteria Score
Technical Solution 25
Proposers Profile & Qual. 30
Fee Schedule 40
Exceptions 5
Total Score 100
Total One -Year Award Amount
TEXAS MUNICIPAL LEAGUE
INTERGOVERNMENTAL RISK POOL
Austin, TX
25.0
30.0
40.0
4.8
99.8
$253,479.41
8
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 10/27/2009
AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute an
interlocal agreement with the Port of Corpus Christi Authority for the Police Department to share
personnel for the purposes of staffing a joint search and recovery dive team.
ISSUE: The Port of Corpus Christi Authority and the Police Department need to share personnel
and resources to staff a joint search and recovery dive team.
BACKGROUND: The Port of Corpus Christi Authority will provide two Port employee divers and
personal diving equipment necessary to participate in all dive operations conducted by the
Corpus Christi Police Department Dive Team. Additionally they will provide use of watercraft
resources as needed. The City will allow Port divers to participate in all training and operational
exercises conducted by the Dive Team, as well as provide use of watercraft resources as
needed.
The interlocal agreement is in effect for an initial term of one year from the final date of execution
and will automatically renew annually unless a thirty (30) day written notice of termination is
provided.
REQUIRED COUNCIL ACTION: Approval of the interlocal agreement.
CONCLUSION AND RECOMMENDATION: Approval of the interlocal agreement.
l
Troy Riggs
Chief of Police
troyr(c�cctexas. corn
886 -2603
Attachments:
Interlocal agreement
THE STATE OF TEXAS $
COUNTY OF NUECES §
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement ( "Agreement ") is made by and between the
PORT OF CORPUS CHRISTI AUTHORITY ( "Port"), acting by and through its governing
body, and the CITY OF CORPUS CHRISTI ( "City "), a municipal corporation and home -rule
city of the State of Texas for its CORPUS CHRISTI POLICE DEPARTMENT ( "Police
Department "), acting by and through its governing body, the City Council.
NOW, THEREFORE, in consideration of the mutual covenants in this Agreement, the
participating local governments ( "Parties "), authorized by appropriate actions of their governing
bodies, hereby agrees as follows:
SECTION 1. PURPOSE.
The Parties desire to share personnel for the purposes of staffing a joint search and
recovery dive team.
SECTION 2. SERVICES, OBLIGATIONS, OR RIGHTS OF THE PORT.
a) Provide two Port employee divers and personal diving equipment necessary for
each diver to participate as team members in all dive operations conducted by the
Police Dive Team, subject to availability of the personnel.
b) Provide use of watercraft resources, as needed and subject to availability.
SECTION 3. SERVICES, OBLIGATIONS, OR RIGHTS OF THE CITY OR POLICE
DEPARTMENT.
a) Allow Port divers to participate in all training and operational exercises conducted
by the Dive Team.
b) Provide use of watercraft resources, as needed and subject to availability.
SECTION 4. FUNDS.
Each party which performs services under this Agreement will do so with funds available
from its current revenues.
SECTION 5. TERM OF AGREEMENT.
This Agreement shall begin on the final date of execution by all Parties for an initial
term of one year, and the City Manager is authorized to execute any and all subsequent
renewals and/or amendments to this Agreement. This Agreement shall automatically
renew annually, unless one of the participating parties provides a thirty (30) days written
notice of termination to the other party.
SECTION 6. INTERLOCAL COOPERATION ACT.
The Parties agree that activities contemplated by this Agreement are "governmental
functions and services" and that the Parties are "local governments" as that term is
defined in the Interlocal Cooperation Act. This Agreement is made pursuant to Chapter
791 of the Texas Government Code.
SECTION 7. LIABILITY.
Each party to this Agreement will be responsible for any civil liability for its own actions
under this Agreement. Neither party shall be responsible to the other for personal injuries,
losses, claims, or demands, if any, caused by the acts or omissions of such party's own
officers, agents, and employees. The liability, if any, of either party, shall be that
prescribed by the laws of the State of Texas.
SECTION 8. MISCELLANEOUS.
(a) Severability. In the event any term, covenant or condition herein contained shall
be held to be invalid by any court of competent jurisdiction, such invalidity shall
not affect any other term, covenant, or condition herein contained, provided that
such invalidity does not materially prejudice either City or Port in their respective
rights and obligations contained in the valid terms, covenants or conditions
hereof.
(b)
Entire Agreement. This Agreement, including Attachments, represents the entire
agreement between the Parties, and supersedes any and all prior agreements
between the Parties, whether written or oral, relating to the subject of this
Agreement.
(c) Written Amendment. Unless otherwise provided herein, this Agreement may be
amended only by written instrument duly executed on behalf of each party. No
officer or employee of any of the Parties may waive or otherwise modify the
limitations in this Agreement, without the express action of the governing body of
the Party.
(d) Notices. All notices required or permitted hereunder shall be in writing and shall
be deemed delivered when actually received or, if earlier, on the third (3rd) day
following deposit in a United States Postal Service post office or receptacle with
proper postage affixed (certified mail, return receipt requested) addressed to the
respective other party at the address prescribed below, or at such other address as
the receiving party may have theretofore prescribed by notice to the sending
ply
Angel Escobar, P.E.
City Manager
City of Corpus Christi
—45—
Port
John P. LaRue
Executive Director
Port of Corpus Christi
1201 Leopard P.O. Box 1541
Corpus Christi, Texas 78401 Corpus Christi, Texas 78403
(e) Non - Waiver. Failure of any party hereto to insist on the strict performance of any
of the Agreements herein or to exercise any rights or remedies accruing hereunder
upon default or failure of performance shall not be considered a waiver of the
right to insist on, and to enforce by any appropriate remedy, strict compliance
with any other obligation hereunder or to exercise any right or remedy occurring
as a result of any future default or failure of performance.
(0
(g)
Successors. This Agreement shall bind and benefit the parties and their legal
successors. This Agreement does not create any personal liability on the part of
any officer, agent, or employee of the City or Port.
No Waiver of Immunity. No party hereto waives or relinquishes any
governmental, official, or other immunity or defense on behalf of itself, its
officers, employees, and agents as a result of its execution of this Agreement and
performance of the covenants contained herein.
(h) Validity and Enforceability. If any current or future legal limitations affect the
validity or enforceability of a provision of this Agreement, then the legal
limitations are made a part of this Agreement and shall operate to amend this
Agreement to the minimum extent necessary to bring this Agreement into
conformity with the requirements of the limitations, and so modified, this
Agreement continue in full force and effect.
No Third Parties Benefit. This Agreement and all activities under this Agreement
are solely for the benefit of the Parties and not the benefit of any third party.
Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Texas. Venue for an action arising under this Agreement shall be in
accordance with the Texas Rules of Civil Procedure.
Warranty. The Agreement has been officially authorized by the governing body of
each party, and each signatory to this Agreement guarantees and warrants that the
signatory has full authority to execute the Agreement and to legally bind their
respective party to this Agreement.
City of Corpus Christi
Angel Escobar, P.E.
City Manager
Port of Corpus Christi
(Date) John P. r ue,
Troy Riggs,
Chief of Police
ATTEST:
(Date)
Armando Chapa
City Secretary
APPROVED AS TO FORM:
(Date)
T. Trisha Dang
Assistant City Attorney
For City Attorney
Executive Director
I . E. Archambo,
Chief of Port Security
(Da
67
e)
‘ler
(Date
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT
WITH THE PORT OF CORPUS CHRISTI AUTHORITY FOR THE
POLICE DEPARTMENT TO SHARE PERSONNEL FOR THE
PURPOSES OF STAFFING A JOINT SEARCH AND RECOVERY
DIVE TEAM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager, or his designee, is authorized to execute an
Interlocal Cooperation Agreement with the Port of Corpus Christi Authority for the Police
Department to share personnel for the purposes of staffing a joint search and recovery
dive team.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED AS TO FORM: August 25, 2009
T. Trisha
Assistant City Attorney
For City Attorney
Joe Adame
Mayor
Corpus Christi, Texas
of , 2009
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
2
9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 10/27/2009
AGENDA ITEMS: On- Airport Rental Car Concession and Lease Agreement
A) Ordinance authorizing the City Manager, or his designee, is authorized to execute an On-
Airport Rental Car Concession and Lease Agreement with DTG Operations, Inc., doing
business as Dollar Rent A Car and as Thrifty Car Rental, to operate a rental car concession
and to lease real property and improvements located at the Airport in consideration of
concession /lease payments, with a term expiring October 31, 2014, subject to return
submission to the City of an executed agreement; and declaring an emergency.
B) Ordinance authorizing the City Manager, or his designee, is authorized to execute an On-
Airport Rental Car Concession and Lease Agreement with The Hertz Corporation and
Simply Wheelz, L.L.C., doing business as Advantage Rent -A -Car, to operate a rental car
concession and to lease real property and improvements located at the Airport in
consideration of concession /lease payments, with a term expiring October 31, 2014, subject
to return submission to the City of an executed agreement; and declaring an emergency
C) Ordinance authorizing the City Manager, or his designee, is authorized to execute an On-
Airport Rental Car Concession and Lease Agreement with Gulf Coast Car Rentals, Inc.,
doing business as National Car Rental, to operate a rental car concession and to lease real
property and improvements located at the Airport in consideration of concession /lease
payments, with a term expiring October 31, 2014, subject to return submission to the City of
an executed agreement; and declaring an emergency.
D) Ordinance authorizing the City Manager, or his designee, is authorized to execute an On-
Airport Rental Car Concession and Lease Agreement with EAN Holdings, L.L.C., doing
business as Enterprise Rent -A -Car, to operate a rental car concession and to lease real
property and improvements located at the Airport in consideration of concession/lease
payments, with a term expiring October 31, 2014, subject to return submission to the City of
an executed agreement; and declaring an emergency.
E) Ordinance authorizing the City Manager, or his designee, is authorized to execute an On-
Airport Rental Car Concession and Lease Agreement with Coastal Bend Rent -A -Car, Inc.,
doing business as Avis Rent A Car, to operate a rental car concession and to lease real
property and improvements located at the Airport in consideration of concession /lease
payments, with a term expiring October 31, 2014, subject to return submission to the City of
an executed agreement; and declaring an emergency.
ISSUE:
Airport Rental Companies are currently operating on a hold over /month to month extension in the
On- Airport Rent A Car Concession Agreements. The Department of Aviation requested proposals
from the Industry, several which identified dual branding options assessing a 40% mark -up over
their Minimum Annual Gurantee (MAG).
Highlights of areas addressed in the new Lease:
• Five Year Term
• Annual Revenue (MAG) Minimum Amount Guaranteed - $1,232,801
• Annual charges for ticket counter and maintenance facility rentals and parking - $174,290
• Dual Branding with 40% markup over MAG
• Customer Facility Charge (CFC) to fund Consolidated Maintenance Facility
REQUIRED COUNCIL ACTION:
Council Approval of Agreements as Requested
CONCLUSION AND RECOMMENDATION:
Airport Board Recommends Approval of this Item
Fred Segundo
Director of Aviation
freds @cctexas.com
361.289.0171 x1213
Mik = arrera
Assistant Director, Fi ancial Services
361.826.3169
Attachments:
Rental Car Charges Summary
Exhibits
BACKGROUND INFORMATION
We are currently operating on a hold over /month to month extension in the On- Airport Rent
A Car Concession Agreements. The Department of Aviation has requested proposals from
the Industry, several which identified dual branding options assessing a 40% mark -up over
their Minimum Annual Guarantee (MAG).
The term lease will expire October 31, 2014.
FY 2009 -2010
RENTAL RATES (per square foot)
Counter and Office Space
Rental for Service and Maintenace Facilities
Allocation of Parking Spaces (54 spaces)
Minimum Annual Guarantee (MAG)
Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
FY 2010 -2011 RENTAL RATES (per square foot)
Counter and Office Space
Rental for Service and Maintenace Facilities
Allocation of Parking Spaces (54 spaces)
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
Rates and charges are contingent of revenue
sales from prior year
FY 2011 -2012 RENTAL RATES (per square foot)
Counter and Office Space
Rental for Service and Maintenace Facilities
Allocation of Parking Spaces (54 spaces)
"Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
* Rates and charges are contingent of revenue
sales from prior year
FY 2012 -2013 RENTAL RATES (per square foot)
Counter and Office Space
Rental for Service and Maintenace Facilities
Allocation of Parking Spaces (54 spaces)
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
Rates and charges are contingent of revenue
sales from prior year
DOLLAR/THRIFTY RAC
Rates and Charges
Rate
Projected Projected
Monthly Square Annual Monthly
Rate Footage Charges Charges
$ 50.00 $ 4.1667 342 $ 17,100 $ 1,425
$ 0.1600 22831 $ 3,653 $ 304.41
$ 20.00 $ 1,080 $ 12,960 $ 1,080
$ 267,400 $ 22,283.33 $ 267,400
$ 50.62 $ 4.2183 342 ' $ 17,300 $ 1,442
$ 0.1600 22831 $ 3,653 $ 304.41
$ 20.00 $ 1,080 $ 12,960 $ 1,080
$ 51.38 $ 4.2817 342 $ 17,560 $ 1,463
$ 0.1600 22831 $ 3,653 $ 304.41
$ 20.00 $ 1,080 $ 12,960 $ 1,080
$ 52.15 $ 4.3458 342 $ 17,823 $ 1,485
$ 0.1600 22831 $ 3,653 $ 304.41
$ 20.00 $ 1,080 $ 12,960 $ 1,080
FY 2013 -2014 RENTAL RATES (per square foot)
Counter and Office Space $ 52.94 $ 4.4117 342 $ 18,092.77 $ 1,507.73
Rental for Service and Maintenace Facilities $ 0.1600 22831 $ 3,653 $ 304.41
Allocation of Parking Spaces (54 spaces) $ 20 $ 1,080 $ 12,960 $ 1,080
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
" Rates and charges are contingent of revenue sales from prior year
HERTZ
Rates and Charges
Rate
Projected Projected
Monthly Square Annual Monthly
Rate Footage Charges Charges
FY 2009 -2010 RENTAL RATES (per square foot)
Counter and Office Space $ 50.00 $ 4.1667 346 $ 17,300 $ 1,442
Rental for Service and Maintenace Facilities $ 0.1600 48712 $ 7,794 $ 649.50
Minimum Annual Guarantee (MAG) $ 316,400 $ 26,366.67 $ 316,400
Allocation of Parking Spaces (64 spaces) $ 20.00 $ 1,280 $ 15,360 $ 1,280
Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
FY 2010 -2011 RENTAL RATES (per square foot)
Counter and Office Space $ 50.62 $ • 4.2183 346 $ 17,515 $ 1,460
Rental for Service and Maintenace Facilities $ 0.1600 48712 $ 7,794 $ 649.50
Allocation of Parking Spaces (64 spaces) $ 20.00 $ 1,280 $ 15,360 $ 1,280
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
* Rates and charges are contingent of revenue
sales from prior year
FY 2011 -2012 RENTAL RATES (per square foot)
Counter and Office Space $ 51.38 $ 4.2817 346 $ 17,777 $ 1,481
Rental for Service and Maintenace Facilities $ 0.1600 48712 $ 7,794 $ 649.50
Allocation of Parking Spaces (64 spaces) $ 20.00 $ 1,280 $ 15,360 $ 1,280
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
* Rates and charges are contingent of revenue
sales from prior year
FY 2012 -2013 RENTAL RATES (per square foot)
Counter and Office Space $ 52.15 $ 4.3458 346 $ 18,044 $ 1,504
Rental for Service and Maintenace Facilities $ 0.1600 48712 $ 7,794 $ 649.50
Allocation of Parking Spaces (64 spaces) $ 20.00 $ 1,280 $ 15,360 $ 1,280
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
* Rates and charges are contingent of revenue
sales from prior year
FY 2013 -2014 RENTAL RATES (per square foot)
Counter and Office Space $ 52.94 $ 4.4117 346 $ 18,317 $ 1,526
Rental for Service and Maintenace Facilities $ 0.1600 48712 $ 7,794 $ 649.49
Allocation of Parking Spaces (64 spaces) $ 20.00 $ 1,280 $ 15,360 $ 1,280
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
* Rates and charges are contingent of revenue
sales from prior year
GULF COAST - NATIONAL
Rates and Charges
Projected Projected
Monthly Square Annual Monthly
Rate Rate Footage Charges Charges
FY 2009 -2010 RENTAL RATES (per sauare foot)
Counter and Office Space $ 50.00 $ 4.1667 338 $ 16,900 $ 1,408
Rental for Service and Maintenace Facilities $ 0.1600 44772 $ 7,164 $ 596.96
Minimum Annual Guarantee (MAG) $ 238,000 $ 19,833.33 $ 238,000
Allocation of Parking Spaces (48 spaces) $ 20.00 $ 960 $ 11,520 $ 960
Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
FY 2010 -2011 RENTAL RATES (per square foot)
Counter and Office Space $ 50.62 $ 4.2183 338 $ 17,110 $ 1,426
Rental for Service and Maintenace Facilities $ 0.1600 44772 $ 7,164 $ 596.96
Allocation of Parking Spaces (48 spaces) $ 20.00 $ 960 $ 11,520 $ 960
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
* Rates and charges are contingent of revenue
sales from prior year
FY 2011 -2012 RENTAL RATES (per sauare foot)
Counter and Office Space $ 51.38 $ 4.2817 338 $ 17,366 $ 1,447
Rental for Service and Maintenace Facilities $ 0.1600 44772 $ 7,164 $ 596.96
Allocation of Parking Spaces (48 spaces) $ 20.00 $ 960 $ 11,520 $ 960
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
* Rates and charges are contingent of revenue
sales from prior year
FY 2012 -2013 RENTAL RATES (per sauare foot)
Counter and Office Space $ 52.15 $ 4.3458 338 $ 17,627 $ 1,469
Rental for Service and Maintenace Facilities $ 0.1600 44772 $ 7,164 $ 596.96
Allocation of Parking Spaces (48 spaces) $ 20.00 $ 960 $ 11,520 $ 960
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
FY 2013 -2014
* Rates and charges are contingent of revenue
sales from prior year
RENTAL RATES (Der sauare foot)
Counter and Office Space $ 52.94 $ 4.4117 338 $ 17,894 $ 1,491
Rental for Service and Maintenace Facilities $ 0.1600 44772 $ 7,164 $ 596.96
Allocation of Parking Spaces (48 spaces) $ 20.00 $ 960 $ 11,520 $ 960
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
ENTERPRISE
Rates and Charges
Rate
Projected Projected
Monthly Square Annual Monthly
Rate Footage Charges Charges
FY 2009 -2010 RENTAL RATES (per square footl
Counter and Office Space $ 50.00 $ 4.1667 342 $ 17,088 $ 1,425
Rental for Service and Maintenace Facilities $ 0.1600 15980 $ 2,557 $ 213.07
Minimum Annual Guarantee (MAG) $ 182,001 $ 15,166.75 $ 182,001
Allocation of Parking Spaces (37 spaces) $ 20.00 $ 740 $ 8,880 $ 740
Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
FY 2010 -2011 RENTAL RATES (per square food
Counter and Office Space $ 50.62 $ 4.2183 342 $ 17,300 $ 1,442
Rental for Service and Maintenace Facilities $ 0.1600 15980 $ 2,557 $ 213.07
Allocation of Parking Spaces (37 spaces) $ 20.00 $ 740 $ 8,880 $ 740
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
* Rates and charges are contingent of revenue
sales from prior year
FY 2011 -2012 RENTAL RATES (per sauare foot)
Counter and Office Space $ 51.38 $ 4.2817 342 $ 17,560 $ 1,463
Rental for Service and Maintenace Facilities $ 0.1600 15980 $ 2,557 $ 213.07
Allocation of Parking Spaces (37 spaces) $ 20.00 $ 740 $ 8,880 $ 740
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
* Rates and charges are contingent of revenue
sales from prior year
FY 2012 -2013 RENTAL RATES (per sauare footl
Counter and Office Space $ 52.15 $ 4.3458 342 $ 17,823 $ 1,485
Rental for Service and Maintenace Facilities $ 0.1600 15980 $ 2,557 $ 213.07
Allocation of Parking Spaces (37 spaces) $ 20.00 $ 740 $ 8,880 $ 740
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
* Rates and charges are contingent of revenue
sales from prior year
FY 2013 -2014 RENTAL RATES (per sauare food
Counter and Office Space $ 52.94 $ 4.4117 342 $ 18,093 $ 1,508
Rental for Service and Maintenace Facilities $ 0.1600 15980 $ 2,557 $ 213.07
Allocation of Parking Spaces (37 spaces) $ 20.00 $ 740 $ 8,880 $ 740
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
* Rates and charges are contingent of revenue
sales from prior year
CB AVIS
Rates and Charges
Projected Projected
Monthly Square Annual Monthly
Rate Rate Footage Charges Charges
FY 2009 -2010 RENTAL RATES (per square footl
Counter and Office Space $ 50.00 $ 4.1667 342 $ 17,100 $ 1,425
Rental for Service and Maintenace Facilities $ 0.1600 49210 $ 7,874 $ 656.13
Minimum Annual Guarantee (MAG) $ 229,000 $ 19,083.33 $ 229,000
Allocation of Parking Spaces (46 spaces) $ 20.00 $ 920 $ 11,040 $ 920
Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
FY 2010 -2011 RENTAL RATES (per square foot)
Counter and Office Space $ 50.62 $ 4.2183 342 $ 17,300 $ 1,442
Rental for Service and Maintenace Facilities $ 0.1600 49210 $ 7,874 $ 656.13
Allocation of Parking Spaces (46 spaces) $ 20.00 $ 920 $ 11,040 $ 920
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
* Rates and charges are contingent of revenue
sales from prior year
FY 2011 -2012 RENTAL RATES (per sauare footl
Counter and Office Space $ 51.38 $ 4.2817 342 $ 17,560 $ 1,463
Rental for Service and Maintenace Facilities $ 0.1600 49210 $ 7,874 $ 656.13
Allocation of Parking Spaces (46 spaces) $ 20.00 $ 920 $ 11,040 $ 920
' Minimum Annual Guarantee (MAG)
' Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
* Rates and charges are contingent of revenue
sales from prior year
FY 2012 -2013 RENTAL RATES (per square footl
Counter and Office Space $ 52.15 $ 4.3458 342 $ 17,823 $ 1,485
Rental for Service and Maintenace Facilities $ 0.1600 49210 $ 7,874 $ 656.13
Allocation of Parking Spaces (46 spaces) $ 20.00 $ 920 $ 11,040 $ 920
* Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
* Rates and charges are contingent of revenue
sales from prior year
FY 2013 -2014 RENTAL RATES (per sauare foot)
Counter and Office Space $ 52.94 $ 4.4117 342 $ 18,093 $ 1,508
Rental for Service and Maintenace Facilities $ 0.1600 49210 $ 7,874 $ 656.13
Allocation of Parking Spaces (46 Spaces) $ 20.00 $ 920 $ 11,040 $ 920
" Minimum Annual Guarantee (MAG)
* Concession Fee 10% of Gross Revenue
Security Fee ($1.00 per contract day)
* Rates and charges are contingent of revenue
sales from prior year
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE AN ON- AIRPORT RENTAL CAR CONCESSION AND LEASE
AGREEMENT WITH THE HERTZ CORPORATION AND SIMPLY
WHEELZ, LLC, DOING BUSINESS AS ADVANTAGE RENT -A -CAR, TO
OPERATE A CONCESSION AND TO LEASE REAL PROPERTY AND
IMPROVEMENTS LOCATED AT THE AIRPORT IN CONSIDERATION
OF CONCESSION /LEASE PAYMENTS, WITH A TERM EXPIRING
OCTOBER 31, 2014, SUBJECT TO RETURN SUBMISSION TO THE
CITY OF AN EXECUTED AGREEMENT; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute an On- Airport
Rental Car Concession and Lease Agreement with The Hertz Corporation and Simply
Wheelz, L.L.C., doing business as Advantage Rent -A -Car, to operate a rental car
concession and to lease real property and improvements located at the Airport in
consideration of concession /lease payments, with a term expiring October 31, 2014,
subject to return submission to the City of an executed agreement. A copy of the
executed document will be placed on file in the City Secretary's Office.
SECTION 2. Upon the 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
, 2009.
ATTEST:
Armando Chapa
City Secretary
APPROVED: October 19, 2009
Eliz th R. Hundle
Assi ant City Attorney
for the City Attorney
EHord2B0.doc
—61—
CITY OF CORPUS CHRISTI
Joe Adame
Mayor
Corpus Christi, Texas
day of , 2009
vir
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Joe Adame
Mayor
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
EHord280.doc
—62—
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE AN ON- AIRPORT RENTAL CAR CONCESSION AND LEASE
AGREEMENT WITH DTG OPERATIONS, INC., DOING BUSINESS AS
DOLLAR RENT A CAR AND AS THRIFTY CAR RENTAL, TO
OPERATE A CONCESSION AND TO LEASE REAL PROPERTY AND
IMPROVEMENTS LOCATED AT THE AIRPORT IN CONSIDERATION
OF CONCESSION /LEASE PAYMENTS, WITH A TERM EXPIRING
OCTOBER 31, 2014, SUBJECT TO RETURN SUBMISSION TO THE
CITY OF AN EXECUTED AGREEMENT; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute an On- Airport
Rental Car Concession and Lease Agreement with DTG Operations, Inc., doing
business as Dollar Rent A Car and as Thrifty Car Rental, to operate a rental car
concession and to lease real property and improvements located at the Airport in
consideration of concession /lease payments, with a term expiring October 31, 2014,
subject to return submission to the City of an executed agreement. A copy of the
executed document will be placed on file in the City Secretary's Office.
SECTION 2. Upon the 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
, 2009.
ATTEST:
Armando Chapa
City Secretary
APPROVED: October 19, 2009
Eliza h R. Hundley
Assistant City Attorney
for the City Attorney
EHord279.doc
—63—
CITY OF CORPUS CHRISTI
Joe Adame
Mayor
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,
Council Members
Joe Adame
Mayor
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
EHord279.doc
—64—
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE AN ON- AIRPORT RENTAL CAR CONCESSION AND LEASE
AGREEMENT WITH GULF COAST CAR RENTALS, INC., DOING
BUSINESS AS NATIONAL CAR RENTAL, TO OPERATE A
CONCESSION AND TO LEASE REAL PROPERTY AND
IMPROVEMENTS LOCATED AT THE AIRPORT IN CONSIDERATION
OF CONCESSION /LEASE PAYMENTS, WITH A TERM EXPIRING
OCTOBER 31, 2014, SUBJECT TO RETURN SUBMISSION TO THE
CITY OF AN EXECUTED AGREEMENT; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute an On- Airport
Rental Car Concession and Lease Agreement with Gulf Coast Car Rentals, Inc., doing
business as National Car Rental, to operate a rental car concession and to lease real
property and improvements located at the Airport in consideration of concession /lease
payments, with a term expiring October 31, 2014, subject to return submission to the
City of an executed agreement. A copy of the executed document will be placed on file
in the City Secretary's Office.
SECTION 2. Upon the 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
, 2009.
ATTEST:
Armando Chapa
City Secretary
APPROVED: October 19, 2009
Eliza • = h R. Hundley
Assis - nt City Attorney
for the City Attorney
EHord281.doc
—65—
CITY OF CORPUS CHRISTI
Joe Adame
Mayor
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: 1/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Joe Adame
Mayor
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
EHord281.doc
—66—
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE AN ON- AIRPORT RENTAL CAR CONCESSION AND LEASE
AGREEMENT WITH COASTAL BEND RENT -A -CAR, INC., DOING
BUSINESS AS AVIS RENT A CAR, TO OPERATE A CONCESSION
AND TO LEASE REAL PROPERTY AND IMPROVEMENTS LOCATED
AT THE AIRPORT IN CONSIDERATION OF CONCESSION /LEASE
PAYMENTS, WITH A TERM EXPIRING OCTOBER 31, 2014, SUBJECT
TO RETURN SUBMISSION TO THE CITY OF AN EXECUTED
AGREEMENT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute an On- Airport
Rental Car Concession and Lease Agreement with Coastal Bend Rent -A -Car, Inc.,
doing business as Avis Rent A Car, to operate a rental car concession and to lease real
property and improvements located at the Airport in consideration of concession /lease
payments, with a term expiring October 31, 2014, subject to return submission to the
City of an executed agreement. A copy of the executed document will be placed on file
in the City Secretary's Office.
SECTION 2. Upon the 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
, 2009.
ATTEST:
Armando Chapa
City Secretary
APPROVED: October 19, 2009
Elizael R. Hundley
Assisrr t City Attorney
for the City Attorney
EHord283.doc
—67—
CITY OF CORPUS CHRISTI
Joe Adame
Mayor
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: 1 /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Joe Adame
Mayor
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
EHord283.doc
—68—
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE AN ON- AIRPORT RENTAL CAR CONCESSION AND LEASE
AGREEMENT WITH EAN HOLDINGS, L.L.C., DOING BUSINESS AS
ENTERPRISE RENT -A -CAR, TO OPERATE A CONCESSION AND TO
LEASE REAL PROPERTY AND IMPROVEMENTS LOCATED AT THE
AIRPORT IN CONSIDERATION OF CONCESSION /LEASE PAYMENTS,
WITH A TERM EXPIRING OCTOBER 31, 2014, SUBJECT TO RETURN
SUBMISSION TO THE CITY OF AN EXECUTED AGREEMENT; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute an On- Airport
Rental Car Concession and Lease Agreement with EAN Holdings, L.L.C., doing
business as Enterprise Rent -A -Car, to operate a rental car concession and to lease real
property and improvements located at the Airport in consideration of concession /lease
payments, with a term expiring October 31, 2014, subject to return submission to the
City of an executed agreement. A copy of the executed document will be placed on file
in the City Secretary's Office.
SECTION 2. Upon the 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
, 2009.
ATTEST:
Armando Chapa
City Secretary
APPROVED: October 19, 2009
Eliz -•t th R. Hundley
Ass! - nt City Attorney
for the City Attorney
EHord282.doc
—69—
CITY OF CORPUS CHRISTI
Joe Adame
Mayor
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,
Council Members
Joe Adame
Mayor
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
EHord282.doc
—70—
10
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
Date: October 27, 2009
A. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT
FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2009
COMMUNITY DEVELOPMENT BLOCK GRANT -- RECOVERY (CDBG -R) PROGRAM AND
IMPLEMENT THE GRANT FOR THE FOLLOWING RECIPIENTS: COASTAL BEND ALCOHOL
AND DRUG REHABILITATION CENTER, INC., DOING BUSINESS AS CHARLIE'S PLACE
($105,500), COASTAL BEND CENTER FOR INDEPENDENT LIVING ($25,378), CPL/BRIGHT BIZ -
DIRECT ENERGY ($70,000), THE NUECES COUNTY MENTAL HEALTH AND MENTAL
RETARDATION COMMUNITY CENTER FOUNDATION ($75,000), NEIGHBORHOOD CENTERS
OF CORPUS CHRISTI, INC. ($125,000), AND WESTSIDE BUSINESS ASSOCIATION ($100,000)
AND TO EXECUTE ALL RELATED DOCUMENTS.
B. AN ORDINANCE APPROPRIATING A GRANT OF $911,062 FROM THE U. S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT FOR THE 2009 COMMUNITY DEVELOPMENT BLOCK
GRANT - RECOVERY (CDBG -R) PROGRAM IN THE NO. 1059 GRANT FUND FOR APPROVED
COMMUNITY PLANNING AND DEVELOPMENT PROJECTS AND ACTIVITIES; AND DECLARING
AN EMERGENCY.
ISSUE: Subrecipient agreements with nonprofit organizations who were awarded 2009
CDBG -R funds need to be approved by the City Council, and subsequently appropriate
2009 CDBG -R funds received from the U.S. Department of Housing and Urban
Development (HUD).
PREVIOUS COUNCIL ACTION: On May 26, 2009, the City Council adopted the 2009
CDBG -R Program that includes $911,062 for projects /activities approved and listed as
Attachment A.
REQUIRED COUNCIL ACTION: Authorize the City Manager or his designee to execute
2009 CDBG -R Subrecipient agreements with the Coastal Bend Alcohol & Drug
Rehabilitation Center d.b.a. Charlie's Place, Coastal Bend Center for Independent Living,
CPUBright Biz Direct Energy, Nueces County Mental Health Mental Retardation,
Neighborhood Center of Corpus Christi, Inc. and Westside Business Association, and
appropriate 2009 CDBG -R funds received from the HUD.
RECOMMENDATION: Authorize the City Manager or his designee to execute 2009 CDBG-
R Subrecipient agreements with the Coastal Bend Alcohol & Drug Rehabilitation Center
d.b.a. Charlie's Place, Coastal Bend Centerfor Independent Living, CPUBright Biz — Direct
Energy, Nueces County Mental Health Mental Retardation, Neighborhood Center of
Corpus Christi, Inc. and Westside Business Association, and appropriate 2009 CDBG -R
funds received from the HUD.
Eddie Ortega
Neighborhood Services Director
Eddieo(a,cctexas.com
361.826.3234
ADDITIONAL SUPPORT MATERIAL
Background Information
List of approved projects
BACKGROUND INFORMATION
The U.S. Department of Housing and Urban Development (HUD) allocated $1 billion
through the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Public Law
111 -5) which was signed into law by President Obama on February 17, 2009.
As such, the City of Corpus Christi was notified by HUD of an allocation in the amount of
$911,062 of CDBG -R program funding. Thereafter on May 5, 2009, a notice of program
requirements for the CDBG -R program was released.
Funding available under the Recovery Act has clear purposes — to stimulate the economy
through measures that modernize the Nation's infrastructure, improve energy efficiency,
and expand educational opportunities and access to health care.
The U.S. Department of Housing and Urban Development issued an approval of the 2009
CDBG -R program to the City of Corpus Christi on July 27, 2009. As a follow up from City
Council action on May 26, 2009, staff is recommending the authorization to execute 2009
CDBG -R Subrecipient agreements with the Coastal Bend Alcohol & Drug Rehabilitation
Center d.b.a. Charlie's Place, Coastal Bend Center for Independent Living, CPUBright Biz
Direct Energy, Nueces County Mental Health Mental Retardation, Neighborhood Center of
Corpus Christi, Inc. and Westside Business Association, and appropriate 2009 CDBG -R
funds received from the HUD. There are two projects (CDBG -R Administration and
Southmoreland Addition Area Street Improvements Phases 3B and 4B Part 2) that are also
included and are part of the total appropriation of the CDBG -R program (see Attachment A
for the listing of approved projects). Furthermore, a job creation component was added to
the CDBG -R program to meet a HUD requirement.
ATTACHMENT A
CITY OF CORPUS CHRISTI
COMMUNITY DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - RECOVERY FUNDS
FY2009 CDBG - RECOVERY FUNDING
$911 062
CDBG- R Administration
This project will fund for staff salary support. Staff is responsible for administering
the CDBG -R program funding which includes but not limited to monitoring
subrecipients, providing technical assistance, conducting environmental
assessments of funded projects /activities, enforcing Davis Bacon federal wage rate
requirements relating to the construction of the projects and ensuring funded
projects meet the stringent reporting requirements.
$50,184 1
Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place (NP)
- Fire System Phase 11
Charlie's Place has recently completed phase 1 of the installation of a fire system in
the new building. In compliance with the Fire Marshall, the fire system must be up
to "code" in the client rooms prior to occupation. This step is nearly completed at a
cost of $95,000. For phase II according to the Fire Marshall, we must now bring
the remainder of the building from "operational" to "code ". The completion of $105,500 20
phase II will insure that there are no interruptions to the provision of essential
services to our clients as they access substance abuse treatment. The proposed
project provides for Activity (A) preserving and creating jobs and promoting
economic recovery as to those working on the proposed project and (E) minimizing
or avoiding reductions in essential services as related to the services provided to
nearly 2,000 low- income /homeless clients served each year.
Coastal Bend Center for Independent Living (NP)
Coastal Bend Center for Independent Living (CBCIL) proposes to use CDBG -R
funds for hard development costs associated with infrastructure modernization to
provide services to people with disabilities who are low or moderate income.
CBCIL's physical property will be enhanced for usability and safety by consumers
and employees who are people with disabilities, and will preserve or create jobs
within the private sector to: 1. construct fencing and install automatic operated
gates for entry and exit to the property; 2. repair and re -pave entry to the property
parking lot; 3. strip the parking lot and front street entrance for accessible parking;
4. purchase and install storm gutters and hurricane shutters on the building; and 5.
purchase and install an environmentally - friendly grounds irrigation system. These
projects are estimated to preserve or create eleven (11) jobs within the
construction- related industries, providing investment needed to increase economic
efficiency.
$25,378 1 -1
CPL/BrightBiz - Direct Energy
CPL Retail energy would like to propose a program to retrofit buildings to increase
the energy efficiency of small non - profit companies that serve low to moderate -
income families in response to Corpus Christi's HUD CDBG -R RFP.
Nueces County MHMR (NP) - Fostering Energy Independence
MHMR proposes to replace all of the old, uninsulated and leaking windows on the
front of the Brownlee Square building with hurricane rated windows that meet the
Energy Star guidelines. In combination with the energy efficient lighting that we
have recently installed, the new windows will greatly reduce our energy
consumption and expenses. We also propose to replace the old, inefficient air
conditioning systems throughout the Administration building with new Energy Star
systems (6 -14 seer units and 1 heat pump) The new efficient air- conditioning
system will also allow us to reduce energy consumption and expenses. Agency
Capital Contribution $2,000
$70,000 1
$75,000 6
giFx �.
fix„
F' yk,
Neighborhood Centers of Corpus Christi, Inc. (NP) - Marguerite
Neighborhood Center Reconstruction Project
Based on the awarding of this grant, NCCC will be ready to rebuild the Marguerite
Neighborhood Center eliminating the proposed construction deducts, eliminating
construction phases and making the facility more energy efficient than had
originally been planned and within the necessary time table of this grant. Agency
$125,000
109
Capital Contribution $10,000 + Previous CDBG Funding
Engineering Services - Southmoreland Addition Area Street Improvements
Phases 3B and 4B Part 2
This project consists of a 28 foot back to back street pavement, curb, gutter,
sidewalk, ADA requirements, driveways, underground drainage and utilities for
Southmoreland Addition Area Street improvements, Phase 3B & 4B, Part 2. This
project will directly impact a low to moderate income area by investing in
transportation, and infrastructure improvements as well as ADA accessibility. It will
also improve the quality of life for the residents as well as improve the
neighborhood, providing long -term economic benefits. Leveraged with $423,000
$360,000
39
(Utilities Fund) + $185,000 (Previous CDBG)
Westside Business Association (NP) - Moroles Fountain Installation Garcia
Center Facility Improvements
The requested FY 2009 CDBG -R funding will enable the Westside Business
Association to construct a parking lot with accessible parking at the Antonio E.
Garcia Center. The Garcia Center is a public facility located in a CDBG eligible
target area. Furthermore, the Garcia Center will be able to expand programs to low
income beneficiaries which at the time are diminished due to lack of parking which
includes persons that are disabled. There will be eight (8) jobs created that are
attributed to the construction of the parking lot. Past CDBG funding has been a
key component to the redevelopment of the area that surrounds the Garcia Center
by providing for complete infrastructure improvements such as new streets,
accessible curbs, gutters, sidewalks and driveways.
$100,000
8
CDBG -R Project Totals
$911,062
195
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
A GRANT FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR THE 2009 COMMUNITY DEVELOPMENT BLOCK
GRANT -- RECOVERY (CDBG -R) PROGRAM AND IMPLEMENT THE
GRANT FOR THE FOLLOWING RECIPIENTS: COASTAL BEND
ALCOHOL AND DRUG REHABILITATION CENTER, INC., DOING
BUSINESS AS CHARLIE'S PLACE ($105,500), COASTAL BEND
CENTER FOR INDEPENDENT LIVING ($25,378), CPUBRIGHT BIZ —
DIRECT ENERGY ($70,000), THE NUECES COUNTY MENTAL
HEALTH AND MENTAL RETARDATION COMMUNITY CENTER
FOUNDATION ($75,000), NEIGHBORHOOD CENTERS OF CORPUS
CHRISTI, INC. ($125,000), AND WESTSIDE BUSINESS ASSOCIATION
($100,000) AND TO EXECUTE ALL RELATED DOCUMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept a grant from the
U. S. Department of Housing and Urban Development for the 2009 Community Devel-
opment Block Grant — Recovery (CDBG -R) Program and implement the grant for the
following recipients: Coastal Bend Alcohol and Drug Rehabilitation Center, Inc., doing
business as Charlie's Place ($105,500), Coastal Bend Center for Independent Living
($25,378), CPUBright Biz — Direct Energy ($70,000), The Nueces County Mental Health
and Mental Retardation Community Center Foundation ($75,000), Neighborhood
Centers of Corpus Christi, Inc. ($125,000) and the Westside Business Association
($100,000), and to execute all related documents.
ATTEST:
Armando Chapa
City Secretary
APPROVED: October 20, 2009
t
Eliz -` h R. Hundley
Ass i - nt City Attorney
for the City Attorney
EHres253.doc
—78—
CITY OF CORPUS CHRISTI
Joe Adame
Mayor
Corpus Christi, Texas
day of , 2009
The above resolution 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
AN ORDINANCE
APPROPRIATING A GRANT OF $911,062 FROM THE U. S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE
2009 COMMUNITY DEVELOPMENT BLOCK GRANT— RECOVERY
(CDBG -R) PROGRAM IN THE NO. 1059 GRANT FUND FOR
APPROVED COMMUNITY PLANNING AND DEVELOPMENT
PROJECTS AND ACTIVITIES; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Grant funding in the amount of $911,062 received from the U. S. Depart-
ment of Housing and Urban Development for the 2009 Community Development Block
Grant — Recovery (CDBG -R) Program is appropriated in the No. 1059 Grant Fund for
approved community planning and development projects and activities.
SECTION 2. Upon the 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
, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: October 20, 2009
Eliz- •e)h R. Hundley
Assistant City Attorney
for the City Attorney
EHord284.doc
-80-
Joe Adame
Mayor
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,
Council Members
Joe Adame
Mayor
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
EHord284.doc
—81—
1]
CITY COUNCIL
AGENDA MEMORANDUM
Date: October 27, 2009
AGENDA ITEM:
Resolution authorizing the City Manager or his designee to submit a grant application to
the U.S. Department of Housing and Urban Development in the amount of $1,012,725 for
the "HOME 2010" Continuum of Care Homeless Assistance grant and to execute all related
documents.
REQUIRED COUNCIL ACTION: Authorize the submittal of the "HOME 2010" Continuum
of Care grant application in the amount of $1,012,725 to HUD for supportive housing
program activities for the homeless.
RECOMMENDATION: Staff recommends the authorization to submit the "HOME 2010"
Continuum of Care grant application in the amount of $1,012,725 for Supportive Housing
Program Assistance to persons that are homeless and execute all related documents.
Eddie Ortega
Neighborhood Services Director
Eddieo c(�cctexas.com
361.826.3234
ADDITIONAL SUPPORT MATERIAL
Background Information
City Resolution
BACKGROUND INFORMATION
The City of Corpus Christi and Homeless Issues Partnership (HIP), Inc. work in partnership in
addressing the provisions of services to persons that are homeless for the Corpus Christi/ Nueces
County area. The mission of the HIP is to serve as a regional coalition of agencies, individuals and
businesses that address and resolve issues related to homelessness in the Coastal Bend through
actions, resources and education.
The helm of the Continuum of Care (CofC) grant application presides with the City of Corpus
Christi. As the Lead Agency, the City of Corpus Christi is responsible for the planning and
coordinating of the CofC process. This includes coordinating meetings, adhering to certain
timetables set forth by the application process, writing the grant narrative, ensuring that each
submitted proposal meets the eligibility threshold and packaging /submitting the CofC grant
application by its due date. As the Fiscal Agent, the City of Corpus Christi is the administrator of
the grant, responsible for monitoring each Subrecipient to ensure program compliance and all other
responsibilities associated with grant administration.
The following is the breakdown for the "HOME 2009" CofC grant application. The total below
represents the U.S. Department of Housing and Urban Development (HUD) amount of request
provided by each recipient inclusive of the local match requirement.
2009/2010 HUD CofC Projects
Continuum of Care for Homeless (CoC)
Pro • osed Local Pro'ects
Charlie's Place - Sunrise Recovery House
Amount of
Re • uest
$142,569
Local
Match
$33,945
T •e
R -SS
Corpus Christi Metro Ministries - Rustic House
$160,255
$44,907
R -TH
Goodwill Industries of South Texas - Work 2000
$142,720
$34,180
R -SS
Nueces County MHMR - Project HOME
$122,673
$28,502
R -PH
The Salvation Army - Project Bridge for Families
The Salvation Army - Project Bridge for Singles
Wesle Communi Center - Child Care
$181,143
$53,751
R -TH
$128,394
$39,360
R -TH
$134,971
$32,136
"Type" Codes: R= Renewal Project; SS- Supportive Services; TH= Transitional Housing;
and, P= Permanent Housing for Persons with Disabilities.
R -SS
It is estimated that the economic impact of the CofC grant application far exceeds $5 million which
surpasses the value of the grant itself. Each agency project must provide both a local match (see
above table) and additional leveraging funds in order to be considered for the award. The $5
million is based on the earning potential of those who have completed the programs in the past,
and are now working, living and shopping in Corpus Christi. Subsequently, many other agencies
operating in the CofC offer additional leveraging of funds and other program related services in the
fight against (chronic) homelessness.
Historically, the local community was required by HUD to `rank' the need priority of agencies
presenting proposals seeking HUD funding, for both new and renewal projects during the CofC
grant development process. This year, HUD only requires that the local community determine if an
application seeking renewal should be `approved' or `disapproved' for inclusion in the CofC HUD
grant application. Renewal applications do not need to be ranked. Only new applications must be
—86—
ranked in prioritization order. This year, there were no new project applications submitted for
consideration. A local group of non - partial citizens was assembled to approve /disapprove the
submission of each of the proposed projects before the grant deadline. City staff recommended
approval for all seven renewal projects. They based this recommendation on prior year's project
performance and outcomes.
HIP will continue to support the City of Corpus Christi Lead Agency /Fiscal Agent role in an advisory
capacity. The long- standing relationship and processes established and maintained by HIP and the
City of Corpus Christi's Neighborhood Services Department/Community Development will continue,
thus allowing for a continuation of homeless services.
The City of Corpus Christi will receive 2'/2 of 5% of the grant allocation for the Continuum of Care
grant administration which is included in the total grant. This equates to approximately $25,318.
The CofC grant application will be submitted to HUD on Friday, November 6, 2009.
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT
A GRANT APPLICATION TO THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT IN THE AMOUNT OF $1,012,725 FOR
THE "HOME 2010" CONTINUUM OF CARE HOMELESS ASSISTANCE
GRANT AND TO EXECUTE ALL RELATED DOCUMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to submit a grant appli-
cation to the U. S. Department of Housing and Urban Development in the amount of
$1,012,725 for the "HOME 2010" Continuum of Care Homeless Assistance Grant and to
execute all related documents.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: October 19, 2009
Eliz -;;1 th R. Hundley
Ass - ant City Attorney
for the City Attorney
EHres252.doc
—88—
Joe Adame
Mayor
Corpus Christi, Texas
day of . , 2009
The above resolution 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
12
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 27, 2009
AGENDA ITEM:
Resolution authorizing the City Manager or designee to submit a grant application to the
Texas Parks and Wildlife Department's Safe Boating Access Program in the amount of
$500,000 for Phase II of reconstruction of "Billing's and Clem's" boat ramps located near
John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel;
with a land match from the value of leased land ($167,000) owned by the Texas
Department of Transportation (TxDOT).and Texas General Land Office (GLO), for total
project cost of $667,000.
ISSUE: Authorization to submit a Texas Parks and Wildlife Department (TPWD) Grant
application for $500,000 for Phase II of the reconstruction of the boat ramps and
parking lot improvements located on the north side of the JFK Causeway on Packery
Channel next to Billing's Bait Stand and Clem's Marina. Authorization for an agreement
outlining a plan consisting of several integrated features and the cooperation,
assistance, and guidance of named agencies and organizations. Deadline for
submission of this grant in October 31, 2009.
REQUIRED COUNCIL ACTION: Authorization to submit a grant application to the Texas
Parks and Wildlife Department. Authorization to enter into an agreement with named
entities in support of the boat ramp and parking lot reconstruction.
PREVIOUS COUNCIL ACTION: A TPWD Safe Boating Access Program grant for the first
phase of this project was approved for submission by City Council on November 18, 2008.
A notice of funding award was received January 26, 2009.
FUNDING: A minimum 25% match ($125,000) is required for the Safe Boating Access
Grant Program. The $500,000 Phase II grant from the State would allow the City to
continue planning the project to reconstruct new boat ramps and parking lot
improvements next to Billing's Bait Stand and Clem's Marina that will offer increased
safety and capacity. The match will come from the value of leased land owned by the
General Land Office (GLO) and the Texas Department of Transportation (TxDOT).
CONCLUSION AND RECOMMENDATION:
It is recommended that Council approve the resolution as presented.
Sally Gav , D ector
Parks a �% Recreation Department
361- 826 -3464
sallvq cr cctexas.com
Attachments: Background Information / Map
—93—
BACKGROUND INFORMATION
The area near the John F. Kennedy Causeway on the north side of State Highway 358
on Packery Channel contains two boat ramps that are leased to the Texas Parks and
Wildlife Department. One is next to Billing's Bait Stand and the other next to Clem's
Marina. Both boat ramps provide free boat access.
The City of Corpus Christi has already received notice of an award for Phase 1 of this
Project through TPWD Safe Boating Access Program for $500,000, to be appropriated
at a later date.
The boat ramps have suffered from many years of overuse and neglect to the extent
that the boat ramp next to Billing's Bait Stand is in a near- unusable condition. The
other boat ramp next to Clem's Marina, while usable, is not a high quality ramp. Further
complicating the issue, the large access /parking lot in front of the bait stand is unpaved
and floods at high tide making it very difficult to reach the boat ramps and an area
where one would not want to park a boat trailer.
The Texas Parks and Wildlife's Department Safe Boating Access Grant Program provides
75% matching grant funds for the construction of public boat ramp facilities throughout
Texas. Local govemment sponsors must make an application, provide the land, provide
access to the proposed boat ramp, supply 25% of the development costs, and accept
operation and maintenance responsibilities for a minimum 25 -year period. These funds are
allocated annually through the federal Sport Fish Restoration Act.
Texas Parks and Wildlife Department
Safe Boating Access Grant Proposal
Billing's Bait Stand
and Clem's Marina
Page 1 of 2
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A
GRANT APPLICATION TO THE TEXAS PARKS AND WILDLIFE
DEPARTMENT'S SAFE BOATING ACCESS PROGRAM IN THE
AMOUNT OF $500,000 FOR PHASE II OF RECONSTRUCTION OF
BILLING'S AND CLEM'S BOAT RAMPS LOCATED NEAR JOHN F.
KENNEDY CAUSEWAY ON THE NORTH SIDE OF STATE HIGHWAY
358 ON PACKERY CHANNEL; WITH A LAND MATCH FROM THE
VALUE OF LEASED LAND ($167,000) OWNED BY THE TEXAS
DEPARTMENT OF TRANSPORTATION ( TxDOT) AND TEXAS
GENERAL LAND OFFICE (GLO), FOR TOTAL PROJECT COST OF
$667,000
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or designee is authorized to submit a grant application
to the Texas Parks and Wildlife Department's Safe Boating Access Program in the
amount of $500,000 for Phase 11 of reconstruction of Billing's and Clem's boat ramps
located near John F. Kennedy Causeway on the north side of State Highway 358 on
Packery Channel with a land match from the value of leased land ($167,000) owned by
the Texas Department of Transportation (TxDOT) and Texas General Land Office (GLO)
for total project cost of $667,000.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Joe Adame, Mayor
APPROVED: • (�j , 2009
Lisa Aguil
Interim City Attorney
C:\DOCUME -1 \Jeannie\LOCALS -1 \ Temp \XPgrpwise\Boa4RffRESOLUTION.doc
Page 2 of 2
Corpus Christi' axas
Day of , 2009
The above resolution 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
C: \DOCUME-1 \Jeann ie\LOCALS-1 \TempV(Pgrpwise\BoatilEgir RESOLUTION.doc
13
AGENDA MEMORANDUM
City Council Action Date: October 27, 2009
SUBJECT: Police Department Building Elevators
Project No. 5248 / CIP Bond Issue 2008 SEQ # 36
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a
construction contract with KJM Commercial of Corpus Christi, Texas, in the amount of
$467,000 for Police Department Building Elevators, Phase 1, for the Total Base Bid plus
Additive Bid Item No. 1. (BOND ISSUE 2008)
ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package
under Proposition No. 3 Police Department Improvements. The new elevator
modernization will meet TDLR, ADA and Fire Service codes as well as improve safety,
performance and reliability of the elevator system. A construction contract is required to
complete the project; and requires City Council approval.
FUNDING: Funding is available from the Police Improvements 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
petean @cctexas.com
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Prior Actions
Exhibit "C" Bid Tabulation
Exhibit "D" Project Budget
Exhibit "E" Location Map
H: HOMEUC EVINS \GEN\POLICE\5248EIevators2008\2 AGENDA MEMO.doc
—101—
Troy Riggs
Chief of Police
361- 886 -2600
trovr(cctexas.com
AGENDA BACKGROUND INFORMATION
SUBJECT: Police Department Building Elevators
Project No. 5248 / CIP Bond Issue 2008 SEQ # 36
PROJECT DESCRIPTION: Phase 1 of the project will provide the modernization of two
existing elevators at the Police Department. Improvements include, but are not limited to,
removal of existing machinery and controllers, provision of new machinery and controllers,
new cab finishes, hall lanterns, hall buttons, car operating panels, electrical modifications
and air conditioning, in accordance with the plans, specifications and contract documents.
The project was bid as a base bid plus Additive Alternate No. 1 for the removal of existing
hoist machines and installation of new hoist machines.
PROJECT SCOPE: The project was originally proposed in the bond issue to provide three
new replacement elevators for the Police Department. There are two Westinghouse five -
stop elevators that provide service to officers and the public. The third elevator is an Otis
four -stop elevator used only by officers, prisoners being transported for questioning,
service and delivery of bulky items to upper floors. The project as originally proposed
during the bond issue provided $640,000 for the replacement of all three elevators. The
architect was instructed to use a construction budget of $480,000.
The amount proposed was based on budget estimates provided by the project architect,
Schindler Elevator, and an elevator sub - consultant. During the design, the cost of
compliance with current Texas Department of Licensing and Regulations code
requirements for new elevators substantially increased the cost of electrical and
mechanical modifications. Additionally, the scope of the non - elevator components of the
projects caused all of the elevator companies to seek out a general contractor to manage
the project. This also increased cost due to the additional overhead and profit required to
engage a general contractor.
The City was notified by the project architect during the preliminary design phase that cost
of all three elevators would exceed the available funds. He also proposed alternatives to
structure to bid to ensure that a project could be awarded. At the time, the architect
estimated the cost for the Westinghouse elevators would be $469,000 with the Otis service
elevator costing at least $237,000 ($706,000 total).
The architect recommended proceeding with the two public elevators which were the
heaviest utilized elevators. After final design was complete, the architect's estimate for
completion the two Westinghouse elevators was $497,000. The estimate for the Otis
elevator was estimated to be $260,000 for a total of $757,000. City staff elected to
proceed with a Phase 1 of the project for the two elevators pending identification of
available funding for the third elevator. This allowed the project to proceed without delay
while continuing to research funding for the third elevator. It is the intent to bid the third
elevator once:
• bond proceed interest earnings have sufficiently accumulated; and
—102—
EXHIBIT "A"
Page 1 of 2
• funding can be identified that is not needed to complete other projects and can be
made available.
FUTURE COUNCIL ACTIONS: Council authorization to proceed with Phase 2 to replace
the existing Otis elevator when required funding in the amount of $280,000 is aligned.
BID INFORMATION: The project was bid as a base bid for two elevators with Additive
Alternate No. 1 for removal of the existing hoist machinery and installation of new hoist
machinery. On October 7, 2009, the City received proposals from 5 (five) bidders for two
elevators (see Exhibit "C" Tabulation of Bids). The bids range from $467,000 to $522,800
for the Total Base Bid plus Additive .Bid Item No. 1. The estimated cost of construction is
$497,000.
KJM Commercial of Corpus Christi, Texas was the low bidder on the project. The city's
consultant, Dykema Architects, Inc., has verified references of KJM Commercial; and all
references have been complimentary.
Additive Bid Item No.1 unit price was originally stated incorrectly by KJM Commercial. This
does not affect the contract to be awarded for the Total Base Bid plus Additive Bid Item No.
1 in the amount of $467,000.
The proposal submitted by Gourley Contracting was determined to be non - responsive due
to submission an unacceptable bid security (company check). The contract specifications
require the bid security must be in the form of a bid bond, cashiers check, certified check,
money order or bank draft. This did not change the order of bid priority.
The City's consultant, Dykema Architects, Inc., and City staff recommends a contract be
awarded to KJM Commercial in the amount of $467,000 for Police Department Building
Elevators for the Total Base Bid plus Additive Bid Item No. 1.
CONTRACT TERMS: The project is estimated to require 270 calendar days for the Total
Base Bid plus Additive Bid Item No. 1, with completion anticipated in July 2010.
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.
Proposition 3 provided funding for the replacement of the Police Department elevators.
The project was to provide replacement of the two (2) existing Westinghouse elevators and
one (1) Otis elevator.
—103—
v.....n..n..zcm..c.na101nn. .rmcewcn_........onnaa ervnme nerVfDf1 A11] dnc
EXHIBIT "A"
Page 2 of 2
PRIOR PROJECT ACTIONS
SUBJECT: Police Department Building Elevators
Project No. 5248/ CIP Bond Issue 2008 SEQ # 36
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 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05
Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non -
local).
2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non -
local).
3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non -
local).
4. April 22, 2009 — Administrative approval of a Contract for Professional Services with
Dykema Architects, Inc. in the amount of $43,600 for Police Department Building
Elevators.
H:IHOME\KeIly01GEN1POLICE15248- Police N.. wnt Building Elevators \Construalt4494* CTIONS.doc
ARCHITECTS ESTIMATE $497,000.00
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ARCHITECT'S ESTIMATE $497,000.00
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PROJECT BUDGET
POLICE DEPARTMENT BUILDING ELEVATORS
BOND ISSUE 2008
Project No. 5248
October 27, 2009
FUNDS AVAILABLE:
Police Department Building Elevators (BOND 2008 SEQ # 36) $640,000.00
FUNDS REQUIRED:
Construction (KJM Commercial) $467,000.00
Contingencies (10 %) 46,700.00
Consultant (Dykema Architects, Inc.) 43,600.00
Reimbursements 18,680.00
Misc. (Printing, Advertising, etc.) 2,335.00
Total '
$578,315.00
FUNDS REMAINING: Police Dept. Building Elevators $61,685.00
EXHIBIT "D"
Page 1 of 1
—107—
File : \ Mproject \councilexhibits \exh5248.dwg
CORPUS
C3(RTS?I
Ray
McGLOIN RD.
LOCATION MAP
NOT TO SCALE
E
PROJECT # 5248
'7 b4./'
SITE PLAN
NOT TO SCALE
EXHIBIT "E"
POLICE DEPARTMENT ELEVATORS
BOND ISSUE 2008
-108-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 10 -05 -2009
14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 27, 2009
AGENDA ITEM: Ordinance renaming the walking area contained along Corpus
Christi Beach, including the Promenade, the Corpus Christi Beachwalk.
ISSUE: The City has a formal policy for naming or renaming parks and recreation facilities.
The City received a request from JoAnn Gilbertson to rename the walk area of Corpus
Christi Beach from the north end, including the Promenade, connected via the water taxi to
the sidewalk of the Seawall (not renaming the seawall) to McGee Beach.
BOARD /COMMITTEE REVIEW: At their March 11, 2009 meeting, the Parks and
Recreation Advisory Committee (PRAC) agreed to support this request and begin the
60 day process of due diligence research and public notification.
On September 9, 2009 PRAC unanimously voted to recommend the walking area
contained along Corpus Christi Beach, including the Promenade, be renamed the Corpus
Christi Beachwalk; and be used to identify a trail system on CC Beach with appropriate
signage noting mileage and amenities, and be used as a part of the CC Beach branding
campaign. The committee felt this action provided a strong stepping stone for future
development as connective transportation became available.
REQUIRED COUNCIL ACTION: The City Council must approve the naming or renaming
of all City facilities, parks, and recreation facilities and that process is finalized by the
adoption of such ordinance.
CONCLUSION AND RECOMMENDATION: It is recommended that the renaming of the
walk area, including the Promenade, of Corpus Christi : each to The Corpus Christi
Beachwalk be approved.
Sally Ga F , Director
Parks a • Recreation Department
361 826 -3464
sallvq @cctexas.com
Attachments:
Background Information
Copy — Staff Due Diligence Report
Copy — Request to name Beachwalk from JoAnn Gilbertson
Copy — Council Policy Information for Naming of City Parks and Recreational Facilities
—1 1 1 —
BACKGROUND INFORMATION
The Parks & Recreation Department received a request from JoAnn Gilbertson to rename
the walk area of Corpus Christi Beach from the north end, including the Promenade,
connected via the water taxi to the sidewalk of the Seawall (not renaming the seawall) to
McGee Beach.
At their March 11, 2009 meeting, the Parks and Recreation Advisory Committee (PRAC)
agreed to support this request and begin the 60 day process of due diligence research and
public notification. Staffs due diligence report is attached.
During respective meetings, the Marina Advisory Committee, and the Watershore and
Beach Advisory Committee reviewed the original request and voted to support the
project concept. At their September meeting the Watershore and Beach Advisory
Committee also reviewed the staff recommendation without requesting further
discussion or action.
On September 9, 2009 PRAC unanimously voted to recommend the walking area
contained along Corpus Christi Beach, including the Promenade, be named the Corpus
Christi Beachwalk; and be used to identify a trail system on Corpus Christi Beach with
appropriate signage noting mileage and amenities, and be used as a part of the Corpus
Christi Beach branding campaign. The committee felt this action provided a strong
stepping stone for future development as connective transportation becomes available.
Similar ordinances have been requested by the Parks and Recreation Advisory
Committee (PRAC) and approved by the City Council. Such requests have included
the renaming of Gypsy Park as Don and Sandy Billish Park, in February 2002, the
renaming of Meadowbrook Park to Dan Whitworth Park in December 2003, the
renaming of Seagull Park to Ullberg Park on February 22, 2005, the renaming of
Midway Park to Nancy Todd Garrett Memorial Park on June 28, 2005, and Southside
Park was renamed Mike Zepeda Park on January 31, 2006 and the renaming of Corpus
Christi Beach Park to Dolphin Park on May 26, 2009.
Beachwalk. Renaming Project
Staff, Due Diligence Report
August 12, 2009
A formal request was received by the Parks & Recreation Advisory Committee dated March 27,
2009 from JoAnn Gilbertson of Corpus Christi to rename the sidewalk area called the
Promenade from the north end of Corpus Christi Beach connected via the water taxi to the
sidewalk to the west of the Seawall to McGee Beach. The committee gave a positive consensus
for the project and requested staff begin their due diligence work.
On April 13, 2009 memos were sent to one hundred, thirty -one (131) residents, businesses, and
property owners adjacent to the proposed Beachwalk advising of the name change
consideration. A copy of this memo is attached.
Of the 131 memos mailed, forty - eight, (48) were returned with no longer deliverable addresses.
Additionally, the department received two (2) comments supporting the project and offering
additional suggestion for improvements. Copies of those replies are also attached.
Additional public meetings and requested business meetings were held to receive information,
concems and comments about the project. Information from these business discussions are
noted below.
At this time, the Regional Transit Authority (RTA) has no plans for the ferry to be a 12- month,
year round operation. Due to technical problems the ferry has not operated consistently this
summer. If the project does process to a full time service, the RTA does not have a problem
with signs being placed on the ferry.
In discussion with The Art Museum of South Texas, concerns were expressed that there was
no beach on a section of the city side of the channel, and that °Bay Walk" might be more
appropriate in that area. It was noted that when someone hears the term, “Beachwalk ", people
are expecting to be able to put their feet in sand. In this area, that cannot occur. Within the
continued comparison to San Antonio, there is actually a river the full distance of the Riverwalk.
The Science and History Museum does not have a problem with the Beachwalk going from the
north end of CC Beach to the Barge Dock but has the same concem that there will not be
adequate transportation for tourist. This group also noted that there was a previous campaign
that never "went anywhere" (SEA Town) due to transportation problems and marketing.
The Congressman Solomon P. Ortiz International Center is ok with signs at the RTA stop.
The Lexington is not opposed to the Beachwalk being on CC Beach but does have concem
that going across the channel, at this time, would be a problem for tourist. It could become a
publicity nightmare if and when the ferry was not operating. If there were ever year round
transportation they would support the Beachwalk all the way to the original destination which
was the Coliseum. The
CC Beach group , lead by the Lexington and the Aquarium, is currently undertaking a branding
campaign for that area of which Beachwalk could be a part but not the branding tool.
The Texas State Aquarium expressed the same view point noted by the Lexington.
The Convention and Visitors Center at the Corpus Christi International Airport also expressed
concerns that right now they are being told that amenities they are sending visitors to, are not as
publicized by the City. They would not like to see another amenity (Beachwalk) have the same
fate, that the City is not providing accurate information.
Page 2 — CC Beachwalk, Due Diligence Report
An additional opinion was submitted by the Marina Advisory Committee in support the concept
of the Beachwalk being from the north end of CC Beach to the Ortiz Center. However, this
committee also noted the current lack of consistent transportation all the way to the Barge Dock
by the Harbor Ferry.
After taking all information into consideration, the department recommendation is:
1. The Beachwalk be contained to the CC Beach area at this time. This action will include the
renaming of the Corpus Christi Beach Promenade.
If and when there is consistent transportation across the channel then the proposal could be
reviewed to extend the Beachwalk. This process would be similar to how San Antonio has
just extended their Riverwalk.
2. The Beachwalk be used to identify a trait system on CC Beach with appropriate signage at
each end noting mileage distances and the amenities. However, it not be used as a
branding tool at this time.
The CC Beach group branding and the Beachwalk branding projects together could create a
marketing nightmare regarding boundaries and amenities.
However, the Beachwalk as an amenity of the CC Beach branding campaign could be used
as the connector between the two areas when it expands to the metro section of Corpus
Christi via the ferry docking area, thus bringing the project closer to its original proposal.
3. Once there is consistent transportation across the channel, direct the Corpus Christi
Convention and Visitors Bureau (CVB) to begin promoting the Beachwalk along with all the
Corpus Christi Beach amenities, as a destination.
Currently, the CVB does not consider the Corpus Christi Beach area as a marketing
destination, but in other cities this is not the case. San Antonio is a prime example of how
the city has expanded the Riverwalk to include the Museums and other businesses. Once
the Beachwalk is expanded to the metro side of the channel then the entire area could be
marketed as a destination with the CVB using it as a promotional tool. Without successful
marketing, all good ideas, (SEA Town, DTown, and Watergarden branding) just become
plans on a shelf.
We believe this recommendation allows for immediate identification of the Corpus Christi
Beachwalk, as well as the opportunity for community collaborative actions and future
development.
Sally Gavlik, Director
Parks and Recreation
(361) 826 -3464
sal lyg(a,cctexas. com
City of
Corpus
Christi
PARK & RECREATION
DEPARTMENT
PO Box 9277
Corpus Christi
Texas 78469 -9277
Phone 361- 826 -3461.
Fax 361- 826 -3864
www.cctexas.com
www.ccparkandrec.com
SERVICES/PROGRAMS
78415 CYD Program
Aquatics
Athletics
Beach Maintenance
Elderly Nutrition Program
Golf Centers
Juvenile Assessment Center
Latchkey
Marina
Memorial Coliseum
Multicutural Services
Park Operations
Retired Senior Volunteer Program
Senior Centers
Senior Companion Program
Summer Youth Program
Tennis Centers
Weed & Seed Program
Youth Nutrition Program
TO:
FROM:
DATE:
SUBJECT:
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
CC Beach Property Owners and Managers
Sally Gavlik, Director, Parks & Recreation
April 13, 2009
Beachwalk Proposal
This message is to inform you of the Beachwalk proposal being considered by
the Parks & Recreation Advisory Committee, a citizens group appointed by
the Mayor and City Council of Corpus Christi.
The Beachwalk Proposal requests the walkway area from the north corner of
Corpus Christi Beach (formerly known as North Beach) through the
promenade (sidewalk) in front of the Lexington Museum, through the Water
Taxi docks, through the sidewalk on top of the Seawall (not the seawall steps
or retaining wall) through the McGee Beach area be renamed the Corpus
Christi Beachwalk. The presentation noted this name change could be used as
a marketing tool, similar to the River Walk in San Antonio, with signs giving
distance measurements to attractions along the route.
The Parks & Recreation Department is collecting information from property owners
and managers located adjacent to the proposed walkway, to be included in a due
diligence report for this project. Therefore, we request your comments and questions
be accompanied by your name, address, and contact information for future
conversation if needed.
By April 26, 2009, please address your comments, questions and concerns to:
Parks & Recreation Department
Attn: Beachwalk Proposal Report
P.O. Box 9277
Corpus Christi, TX 78469 -9277
—115—
Brenda Bode
5409 Northwest Trail
Corpus Christi, Texas 78410
Corpus Christi Parks and Recreation
PO Box 9277
Corpus Christi, Texas 78469 -9277
April 24, 2009
To Whom It May Concern:
I am very much in favor of promoting Corpus Christi Beach. The Beachwalk proposal
seems as if it could be a great marketing tool.
Please keep me informed as to the progress of the venture and any other developments
that might affect the area.
Sincerely
61rook
NormaDon Properties, Ltd.
5441 Ocean Drive
Corpus Christi, Texas 78412
TO: PARKS & RECREATION DEPARTMENT DATE:
ATTN: BEACHWALK PROPOSAL REPORT
P.O. BOX 9277
CORPUS CHRISTI, TX 78469 -9277
FROM: DR. & MRS. DONALD ESSA HANNA (NORMA)
SUBJECT: BEACHWALK PROPOSAL
APRIL 22, 2009
WE LIKE THE IDEA VERY MUCH. IT HAS A LOT OF POSIBII.1'1'thS FOR
ATTRACTING TOURISTS. BUT JUST THE WALK WAY IS NOT ENOUGH. IF
THE TOURIST COULD SOME WAY GO FROM ONE END TO THE OTHER
(IT'S INTENTION) EITHER BY WALKING OR RIDING SOME TYPE OF
SMALL MOTOR RENTAL OR BICYCLE WITH A GONDOLA TYPE
TRANSPORTATION OVER THE HARBOR WATERWAYS FOR
CONTINUITY, THAT WOULD REALLY MAKE IT AN ATTRACTION ALL
THE VIEWS ALONG THE WAY WOULD JUST BE CREAM ON TOP.
I KNOW THE GONDOLA TYPE TRANSPORTATION WOULD BE
EXPENSIVE, BUT DO IT RIGHT OR DON'T DO IT AT ALL MONEY SPENT
WRONG IS AN EXPENSE AND MONEY SPENT WISELY IS AN
INVESTMENT.
I WAS BORN AND RAISED IN CORPUS CHRISTI AND REMEMBER WHEN I
LOVED THE NORTH BEACH CARNIVAL AND FERRIS WHEEL AND THE
SALT WATER SWIMMING POOL. (no jelly fish)
COUPLE THE CARNIVAL AND THE BOARDWALK AND THE GONDOLA
AND THERE YOU GO. PEOPLE WILL FLOCK TO OUR WONDERFUL CITY
BY THE SEA, JUST TO SEE THE CHANGES THAT TAKE PLACE
ANNUALLY.
MONEY AND ENTERPRISES CAN BE HAD WITH JUST ADVERTISEMENT
FOR ATTRACTING A PERMANENT CARNIVAL AND A LOT OF CREATIVE
THINKING FOR MAYBE BONDS TO OBTAIN THE FUNDS FOR SUCH A
PROJECT.
DONALD E. HANNA
fi%i'.r''-' Page 1 of 1
email: normadon @sbcgl bal.net fax 361 - 992 -3755
—1 1 7—
Ph 361 - 992 -5584
PUBLICATION NOTICE
Person Placing Ad: Armando Chapa, City Secretary, FAX #: 826 -3113
Address: P.O. Box 9277, Corpus Christi, TX 78469 -9277
Section: Legal Notices
First Day to Appear: August 23, 2009
Second and Last Day to Appear: August 30, 2009
AD TO READ AS FOLLOWS:
Public Notice:
CC Beach walk
area to be renamed
The public is hereby notified
in compliance with the Corpus
Christi Code of Ordinance, the
Corpus Christi Parks &
Recreation Department
is considering naming the
walk area from the north
end of Corpus Christi
Beach to the Corpus
Christi Barge Dock, the
Corpus Christi Beachwalk.
This area will include the
renaming of the Corpus
Christi Beach Promenade,
the inclusion of the walk
area of the Congressman
Solomon P. Ortiz
International Center, with
a walking trail through the
Watergarden to the Corpus
Christi Barge Dock.
This item will be discussed
at the Parks & Recreation
Advisory Committee meeting,
September 9, 2009, 5pm, City Hall,
Sixth Floor Conference Room.
You are invited to attend the
meeting, or contact Parks &
Recreation at 826 -3463 with
your comment or question.
—1 1 8—
REQUEST FOR THE NAMING
OF PARKS AND FACILITIES
PARK AND RECREATION DEPARTMENT
CITY OF COPRUS CHRISTI, TEXAS
1. Type of area or facility (park, building, pool, etc.)
Sidewalk
The sidewalk that is now called "Promenade" from the North end of Corpus Christi Beach connected via the water taxi to the
sidewalk to the west of the Seawall ( not wanting to re -name the seawall) to McGee Beach.
2. Location
3. Suggested Name Corpus Christi Beachwalk
4. Please describe why you feel this name to be appropriate.
Corpus Christi Beachwalk is a-branding and a marketing tool to increase the tourism dollars coming into Corpus Christi. Corpus
Christi Beachwalk is the sidewalk connecting Corpus Christi Beach to McGee Beach. The sidewalk is already there , thus very
little funding will be needed from the city to incorporate this idea to boost our tourism to our beautiful City . The idea that you
can land in San Antonio Airport and pick up a flyer from tourist stand for the San Antonio Riverwalk and right next to it is a flyer
for the Corpus Christi Beachwalk (only a short 120 mile drive) is going to be a must see attraction in itself and increase the
business of our USS Lexington , History Museum , Aquarium , Omni, Holiday Inn and the Bold Future plan is centrally located
on the Beachwalk. All businesses and attractions along the Beachwalk will be encouraged to advertise with distance marked on
signage to attraction or business. This Beachwalk is about a 4.5 mile walk. Very enticing for the bicyclist / healthy traveler . And
those who don't want to take it in on foot can ride the trolley for only .50 _ _ — - -
5. Name and address of person making request.
Name
Address
JoAnn Gilbertson
PO Box 2973
Corpus Christi , Texas
361 -834 -1481
Phone
6. Do you represent an organization with respect to this request?
Corpus Christi Beach and Water Shore Advisory Committee has unanimously voted to recommend name .
7. Date of this request
3/27/2009
FOR OFFICE USE ONLY:
Request: Approved Rejected Tabled
Date of Committee Action
Date of Council Action
Legal Notice – Newspaper
Notice to Appropriate Councilmember
Public Notice – Neighborhood
ORDINANCE
NAMING THE PROMENADE, SIDEWALKS AND ADJACENT AREAS
ALONG CORPUS CHRISTI BEACH AS THE CORPUS CHRISTI
BEACHWALK.
WHEREAS, the City received a request from JoAnn Gilbertson to rename the walk area
on Corpus Christi Beach to the Corpus Christi Beachwalk, including the renaming of the
Promenade area of Corpus Christi Beach;
WHEREAS, the Parks & Recreation Advisory Committee ( "PRAC ") considered this
request at their March 11, 2009 meeting at which time they requested staff perform a
Due Diligence Report, and being the 60 day process of public notification;
WHEREAS, legal notice about the proposed name change was posted on August 23,
2009 and August 30, 2009;
WHEREAS, the PRAC considered and recommended the Corpus Christi Beachwalk
name change to City Council at their September 9, 2009 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The promenade and sidewalks and adjacent areas along Corpus Christi
Beach are hereby named the "Corpus Christi Beachwalk ". The area to be known as
"Corpus Christi Beachwalk" is shown on the attached exhibit, between the points
marked "Start" and "End ".
H:\LEG- DIR \Lisa\2009 Ordinance \CC Beacavittkffenaming ordinance draft rjr clean.doc
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 G. Leal
Chris N. Adler John E. Marez
Brent Chesney Nelda Martinez
Larry 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 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
City Secretary
APPROVED as to form: October 19, 2009
By:
Lisa Aguilar
Interim City Attorney
Joe Adame
Mayor
15
CITY COUNCIL
AGENDA MEMORANDUM
CITY COUNCIL ACTION DATE: October 27, 2009
AGENDA ITEM:
A. Public hearing to consider and nominate applications to the Office of the Governor for
Commercial Revitalization Deduction allocations.
B. Resolution nominating projects to the Office of the Governor for Renewal Community
Commercial Revitalization Deductions which include:
1. Waterfront Communications, LLC to receive an allocation for $150,000 from the 2009
Commercial Revitalization Deduction for a building located 1024 Leopard Street.
2. SWHP Properties, Ltd. to receive an allocation for $1,300,000 from the 2009
Commercial Revitalization Deduction for a building located at 723 Upper Broadway.
a. Project will be placed in service by December 31, 2009
b. Funding is secured
c. Land /property acquisition is complete or under lease
d. Full -time jobs are created or retained.
C. Resolution adopting the Corpus Christi Commercial Revitalization Local Strategic Plan
ISSUE: As one of forty designated Renewal Communities nationwide, the City of Corpus Christi may
nominate $12 million of Commercial Revitalization Deductions each year during the designated
period. According to the Internal Revenue Service (IRS), the Commercial Revitalization Agency
(CRA) may make the following types of allocations:
1. An allocation in the year that the project is completed.
2. A binding commitment to make an allocation of a specified dollar amount to a qualified
revitalization building in the calendar year in which the building is placed in service.
The Office of the Govemor serves as the Commercial Revitalization Agency (CRA) and is
responsible for certifying allocations nominated by the goveming bodies of the Renewal Communities
in Texas. Local projects approved by the City Council must be submitted to the CRA by November
1, 2009.
REQUIRED COUNCIL ACTION: Approval of the resolution as presented.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the projects to be
submitted to the Office of the Governor for the 2009 Commercial Revitalization Deductions.
eei
Irma Caballero
Director of Economic Development
irmaca @cctexas.com
826 -3850
-125-
2009 Allocation
Project Name: Waterfront Communications, LLC
Project Location: 1024 Leopard Street
Project Census Tract: 3
New Jobs Created: 1
Jobs Retained: N/A
Total Investment: $565,021
Placed in Service: December 2008
Allocation Request: $150,000
Summary
Waterfront Communications, LLC, is currently rehabilitating 1024 Leopard Street,
former Wolfson's Furniture. The remodeled and revitalized building will house primarily
professional and business service firms as tenants. The building will include
professional offices and possibly a retail or restaurant tenant in suites ranging from 850
square feet to 5,000 square feet. The exterior will be remodeled to bring the building
up to code, repair structural defects caused by neglect, and finish out the space with
modern, ADA compliant restrooms and a shared conference room.
The development group sees this project as the first of several planned projects to
revitalize the Uptown Central Business District.
Project Name:
Project Location:
Project Census Tract:
New Jobs Created:
Jobs Retained:
Total Investment:
Placed in Service:
Allocation Request:
2009 Allocation
SWHB Properties, Ltd.
723 Upper Broadway
3
2
N/A
$2,650,000
September 2009
$1,300,000
Summary
The Oil Industries Building located at 723 Upper Broadway has been a Corpus Christi
landmark for many decades. SWHP Properties, Ltd. will completely renovate the
basement and six floors above ground. This includes the replacement and redesign of
exterior windows, creating a new entry and presence at the street level and completely
new infrastructure. Approximately one -third of the building has been committed for
lease and further marketing efforts will begin once the renovation has started.
SWHB Properties, Ltd. is committed to creating a first class property which will not only
be a desirable place for the business community but assist in the growth and
redevelopment of the uptown area.
BACKGROUND:
Corpus Christi is a designated Renewal Community through the U.S. Department of
Housing and Urban Development. The City receives $12 million per year to be
allocated to businesses for the use as Commercial Revitalization Deductions (CRD).
The City currently has ten (10) census tracts throughout the city designated as
Renewal Community in which businesses can benefit from a federal tax incentive
program for the new construction or rehabilitation of commercial buildings. To find out
if you have a commercial site in a qualified area, HUD provides an address locator
available at http:// egis .hud.gov /egis /cpd/rcezec/ezec open.htm
The Renewal Community program is currently scheduled to expire on December 31,
2009 therefore commercial buildings must be completed and ready for occupancy no
later than December 31, 2009. President Obama requested, in his fiscal year 2010
budget, that Congress act to extend the Empowerment Zone (EZ) and Renewal
Community (RC) designation to December 31, 2010 and Congress is currently
considering bills to extend the program through December 31, 2011. Extending the
designations would allow tax relief to remain available to businesses located in the
distressed EZ/RC areas. The City of Corpus Christi has been working through
lobbyists in Washington D.C. and other RC designated areas to support the efforts of
The Empowerment Zone, Renewal Community and Enterprise Community
Enhancement Act of 2009, as an extension of the program.
On October 23, 2007, the City Council approved a binding commitment to the Adame
Group for the Cotton Yard project. The binding commitment authorized an $8,950,000
allocation to the Adame Group for 2009. The Adame Group proposed a mixed -use
office /condominium project with a capital investment of $11 million and the creation of
40 new jobs. The Adame Group is continuing to work towards the development of the
project.
On October 21, 2008, the City Council approved a binding commitment to Nueces Bay
WLE, LP. The binding commitment authorized a $2,100,000 allocation for a
redevelopment project on the site of the existing Nueces Bay Power Station on the
Corpus Christi Ship Channel with a capital investment of $433,000,000 and the
creation of 20 full -time positions. The power plant is currently owned and operated by
Topaz Power Group.
The City of Corpus Christi has participated in the Renewal Community program since
2002.
BENEFITS
Qualified commercial buildings can be newly constructed or rehabilitated. If
rehabilitated, building expenses must equal or exceed the purchase price or basis of
the building, whichever applies. Buildings can be owner - occupied or leased space;
however the tax savings will be awarded to the property owner. Federal Tax Incentive
— Commercial Revitalization Deduction (CRD) allows property owners to deduct a
portion of construction, renovation, and other qualified building expenses over a shorter
period of time than permitted under standard IRS rules.
Under standard IRS rules, commercial building expenses are depreciated over 39
years. With a CRD, property owners can accelerate the depreciation and deduct either
100% of qualified expenses pro rata over 10 years or up to 50% of qualified expenses
the year the building is placed in service with the remainder deducted over standard
time.
Renewal Community also allows employment credit which provides several federal
employment tax credits to local businesses for employing residents from the designated
areas. One example allows businesses to take up to a $1,500 deduction for the first
$10,000 in wages.
The City of Corpus Christi, through CDBG funds, has contracted with John Henderson,
CPA to provide assistance to those businesses seeking to be designated as a RC
project. Mr. Henderson provides clarification of IRS guidelines as it pertains to specific
RC projects, assists with RC applications, and advises designated projects on the
benefits of the program.
In addition, the City is required to submit a Commercial Revitalization Local Strategic
Plan to the Office of the Governor in December of each year. The following plan
establishes ° procedural steps as required by Federal, State and Local governments,
which must be implemented by the City of Corpus Christi. This plan also includes
Selection Priorities for both large and small projects. The Corpus Christi Renewal
Community is allocated $12 million annually to offer tax deductionsto eligible projects;
85% is allocated for large projects and 15% is allocated for small projects.
The Local Strategic Plan will be adjusted accordingly pending the outcome of the
Empowerment Zone, Renewal Community and Enterprise Community Enhancement
Act of 2009.
Citv of
t * u!
Christi
City of Corpus Christi
2009 -2010 Renewal Community
Commercial Revitalization Local Strategic Plan
The plan below establishes procedural steps as required by Federal, State and Local
governments, which must be implemented by the Coordinating Responsible Authority
(CoRA) for the Corpus Christi Renewal Community. The Corpus Christi Renewal
Community is allocated $12 million annually to offer tax deductions to eligible
businesses. These funds will be allocated based upon the following percentages: 85%
or $10,200,000 for large projects and 15% or $1,800,000 for small projects.
The City Council may vary, alter and /or waive the deadline, selection criteria, selection
priorities and point values when such variances, alteration and /or waiver is in the public
interest.
Outreach Process
Notifying the business community about the opportunities and benefits available through
the Renewal Community (RC) program is as follows:
1. Public notice inviting applications for Commercial Revitalization Deduction
(CRD) allocations will be published in the Corpus Christi Caller -Times at a
minimum of once a year indicating deadlines for submitting applications.
The Public Notice will provide applicants a minimum of 30 days notice of
the deadline to submit applications.
2. Application information will be available by contacting the CoRA at (361)
826 -3850 or via the City of Corpus Christi's web site at:
http://vvww.cctexas.com/economicdevelopment/
Deadline for Application
Project applications will be accepted through June 30, 2009. At that time all
applications will be reviewed and selected based upon criteria established by the U.S.
Department of Housing and Urban Development (HUD) and the Governor's Office as
well as local priorities established in this plan.
RC Local Strategic Plan — 10212009
—130—
Selection Criteria
The CoRA will review applications which must meet the following requirements:
1. The expenditures of the project meet the statutory requirement of the
allowable Commercial Revitalization expenditures.
2. The CRD deduction is Tess than $10 million.
3. The applicant is in good standing with the Texas Comptroller of Public
Accounts and the Texas Workforce Commission has confirmed that the
applicant is current on unemployment insurance tax.
4. The project will add value to the existing tax base.
5. The project proposes to directly or indirectly create or retain a minimum of
ten (10) permanent full -time jobs in the Renewal Community.
6. The project adds residential and /or commercial square footage or
demonstrates an increased property value in the Renewal Community.
7. The applicant has completed the project or has financing in place to
complete the preliminary phase of the project and demonstrates financial
capability to complete the project.
8. The project contributes to the City's Area Development Plans.
9. The project is located in one of the following Renewal Community census
tracts: 1, 3, 4, 10, 11, 7, 50, 5, 13 or 35.
10. The project is eliminating slum or blight in a particular area within the
Renewal Community.
11. The project is appropriately zoned.
12. The project must be completed by the end of the second calendar year in
which the allocation is made. The CRD can be applied to the depreciable
costs of a new building or the costs associated with an existing building
that is substantially rehabilitated.
13. The applicant commits to providing information on permanent jobs created
and retained as a result of the proposed project when requested by the
Economic Development Office.
RC Local Strategic Plan — 10212009
—131—
2
Large Project Selection Priorities
Projects will be selected for recommendation to the City Council based upon the
following priorities:
1. The project provides residential units in the Downtown area.
2. The project redevelops a vacant building or lot in the Downtown area.
3. The project is located in the Industrial District with significant job creation
at wages exceeding $50,000 per year, per job.
4. The project provides for significant job creation at wages exceeding
$40,000 per year, per job.
5. Projects may be given full point value if the capital investment exceeds
$10 million.
6. Project is a public /private partnership with the City and /or is a project of
the Corpus Christi Regional Economic Development Corporation
(CCREDC).
The chart below provides a point value for scoring of Large projects:
Large Project Selection Criteria
Point
Value
Residential in Downtown Area
30
Redevelopment in Downtown Area
25
Industrial District Job Creation at $50,000
+ per year, per job
20
Job Creation at $40,000 + per year, per
job
15
Project Investment exceeds $10 million
10
Small Project Selection Priorities
Projects will be selected for recommendation to the City Council based upon the
following priorities:
1. The project provides residential units in the Downtown area.
2. The project redevelops a vacant building or lot in the Downtown area.
RC Local Strategic Plan — 10212009 —1 32—
3. Each job shall pay at least a "living wage ". For the purposes of this
Program "living wage" shall mean that annual amount determined by the
U. S. Department of Health and Human Services for the Corpus Christi
area as being at the poverty level for a family of three, divided by 2,080
hours per year.
4. The project creates between 2 to 10 jobs. Projects may be given full point
value if job creation is 10.
5. Projects may be given full point value if the capital investment is $1
million.
The chart below provides a point value for scoring of Small projects:
Small Project Selection Criteria
Point
Value
Residential in Downtown Area
30
Redevelopment in Downtown Area
25
Job Creation - each job will pay at least
a "living wage"
20
Project creates between 2 -10 jobs
15
Project Investment is $1 million
10
Recommendation will be submitted to the City Manager and City Council for approval.
Submittal to the Governor's Office
Within 10 working days following the approval of applications by the City Council, the
CoRA will submit to the office of the Governor the following documentation:
1. A certification signed by the City Manager as the CEO of the governing
body that the governing body has followed the procedures as indicated in this
plan and to the best of his or her knowledge, each application approved by the
City Council is complete and meets the requirements of the Commercial
Revitalization Deduction (CRD) Program.
2. Copy of each application nominated by the City Council to receive the
CRD allocations, public notice for the application process, governing body's
motion nominating the project, reasonable explanation for each project being
selected or denied and identifies the criteria set forth above in the explanation.
RC Local Strategic Plan — 10212009
—133—
4
3. All CRD approved projects must be submitted to the Governor's Office by
November 1 of each year.
4. The Commercial Revitalization Local Strategic Plan must be submitted to
the Governor's Office in December of each year.
Annual Report Requirements
The Renewal Community CoRA will submit an annual report to the Community Renewal
Agency (CRA) describing the status of each active project in its jurisdiction receiving
CRD allocations. The annual reports will be due March 1 of each calendar year
beginning in 2003 and ending in 2010 and reporting on activity ending December 31 of
the previous year. The report will include the following information:
1. Status of all projects currently in process in addition to those already in
service (including success stories, press releases, and any other news
coverage).
2. A brief narrative describing the impact of the CRD on the RC.
3. Number of direct and indirect jobs both new and retained and approximate
average salary.
4. Copy of the Renewal Community's annual report to HUD.
The Local Strategic Plan will be adjusted accordingly pending the outcome of the
Empowerment Zone, Renewal Community and Enterprise Community Enhancement
Act of 2009.
RC Local Strategic Plan — 10212009
—134—
g
Page 1 of 3
RESOLUTION
NOMINATING PROJECTS TO THE OFFICE OF THE GOVERNOR FOR
RENEWAL COMMUNITY COMMERCIAL REVITALIZATION
DEDUCTIONS
WHEREAS, the Department of Housing and Urban Development designated the City of
Corpus Christi's Census Tracts 1 3, 4, 5, 7, 10, 11, 13, 35, and 50 as a "Renewal
Community" eligible to share in tax incentives to stimulate job growth and promote
economic development;
WHEREAS, the Renewal Community designation provides federal tax incentives to
businesses located in the Renewal Community;
WHEREAS, each Renewal Community may allocate $12 million of Commercial
Revitalization Deductions per year and up to $10 million per project for substantially
rehabilitated or newly construction buildings in the Renewal Community;
WHEREAS, a business can deduct 50 percent of the building in the first year the
building is placed in service or deduct the full amount of eligible expenditures pro rata
over 10 years;
WHEREAS, each Renewal Community may make the following types of allocations of
the Commercial Revitalization expenditure amounts — an allocation in the calendar
year in which a qualified revitalization building is placed in service; a binding
commitment to make an allocation of a specified dollar amount to a qualified
revitalization building in the calendar year in which the building is placed in service; and
a carryover allocation;
WHEREAS, each Renewal Community must submit to the Office of the Governor a plan
for awarding its $12 million in Commercial Revitalization Deductions ( "Allocation Plan ");
WHEREAS, on December 19, 2006, the City Council adopted its Allocation Plan, titled
"City of Corpus Christi Commercial Revitalization Local Strategic Plan for the City's
Renewal Community Commercial Revitalization Deduction Allocation Program" ( "Local
Strategic Plan ") to submit to the Office of the Governor; and
WHEREAS, under its Local Strategic Plan, the City published notice of the Commercial
Revitalization Deduction application process, received applications, and reviewed
applications for compliance with the Local Strategic Plan;
WHEREAS, the City desires to nominate two projects for allotments totaling $1,450,000
for 2009 to complete the allocation for the current year;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS,
Res — RCCRD 2009 Nominations — 10192009
—136—
Page 2 of 3
SECTION 1. The following project is approved by the City of Corpus Christi and
nominated for approval by the Office of the Governor to certify the following allocation of
the Commercial Revitalization Deductions totaling $1,450,000:
1. SWHP Properties to receive an allocation for $1,300,000 from the 2009
Commercial Revitalization Deduction for a building located at 723 Upper
Broadway. Two jobs will be created.
2. Waterfront Communications, LLC, to receive an allocation for $150,000
from the 2009 Commercial Revitalization Deduction for a building located
at 1024 Leopard Street. One job will be created.
SECTION 2. The City Manager, or designee, is authorized to execute a certification to
the Office of the Governor that the City of Corpus Christi has followed the procedure in
its Allocation Plan, to the best of his or her knowledge, and the application approved in
this Resolution is complete and meets the requirements of the commercial revitalization
deduction program.
ATTEST:
Armando Chapa
City Secretary
APPROVED: October 19, 2009
R. Jay eining
First ssistant ity Attorney
for City Attorney
Res — RCCRD 2009 Nominations — 10192009
THE CITY OF CORPUS CHRISTI
Joe Adame
Mayor
—137—
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
Res — RCCRD 2009 Nominations — 10192009
—138—
Page 3of3
Page 1 of 2
RESOLUTION
ADOPTING THE CORPUS CHRISTI COMMERCIAL
REVITALIZATION LOCAL STRATEGIC PLAN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Council, as the goveming body of the City of Corpus Christi,
adopts the City of Corpus Christi Commercial Revitalization Local Strategic Plan for the
City's Renewal Community Commercial Revitalization Deduction Allocation Program.
The plan is attached to this resolution as Attachment A. This plan replaces the plan
adopted on December 16, 2008, by Resolution 027990.
SECTION 2. The City Manager is directed to forward a copy of this resolution and the
City of Corpus Christi Commercial Revitalization Local Strategic Plan to the Executive
Director, Texas Department of Economic Development.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
City Secretary Mayor
APPROVED: 21st day of October, 2009.
R. ,ley Reining
First Assistant City Attorney
For City Attorney
Renewal Community Local Strategic Plan — 10212009
—139—
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
Renewal Community Local Strategic Plan — 10212009
—140—
Page 2 of 2
16
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 10/27/09
AGENDA ITEM:
ITEM A: PUBLIC HEARING TO CONSIDER AND FIRST READING
ORDINANCE AMENDING THE CORPUS CHRISTI ZONING
ORDINANCE BY ADDING NEW DEFINITIONS IN SECTIONS 3 -1,
BY REDESIGNATING SUBSECTION 3- 1.64.1 AS SUBSECTION 3-
1.64.2, BY REDESIGNATING AND REVISING SUBSECTION
3.1.67.3 AS SUBSECTION 3.1.67.4, BY REVISING SUBSECTIONS
3- 1.65.2 AND 3- 1.65.5, BY ADDING A NEW ARTICLE 27D, AND
REVISING SECTION 29 -3.13, RELATING TO THE USE,
REGULATIONS, AND REVIEW STANDARDS FOR THE
INSTALLATION AND SITING OF WIND ENERGY CONVERSION
UNITS WITHIN THE CITY LIMITS; AMENDING CONFLICTING
PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN;
REPEALING CONFLICTING ORDINANCES; PROVIDING FOR
SEVERENCE; PROVIDING FOR PENALTIES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
STAFF PRESENTER(S):
Name Title /Position Department
1. Lisa Wargo Sr. Planner Zoning Admin., Dev. Svcs.
OUTSIDE PRESENTER(S):
Name Title /Position Organization
1. None
ISSUE: The establishment of review and permitting standards in the development of
wind energy units within the city limits, including siting, setbacks, heights, sound levels,
agency cooperation, and construction standards and the "By Right" and "Special Use
Exception" uses within all Zoning Districts.
REQUIRED COUNCIL ACTION: Public hearing on the proposed Wind Energy
Conversion Units Ordinance, providing for review and permitting standards for the
establishment of wind energy units within all zoning districts of the City as "By- Right" and
"Special Use Exception" uses, and providing additional review standards for the Zoning
Board of Adjustment for consistency determination for wind energy unit review as
permitted through the "Special Use Exception" process. The proposed Ordinance will
amend Sections 3 -01 "Definitions" by adding new definitions, add a new Article 27D
"Wind Energy Conversion Units ", and revise Section 29 -3.13 of the Corpus Christi
Zoning Ordinance.
H:1PLN- DIR\SHARED \1. Planning Commission\2009 CC\OFtnwind energy CC AGENDA Request & MEMO 1 0-27-09.doc
PREVIOUS ACTION:
The actions previously taken in the formation of the draft and formally adopting the
proposed amendments occurred as follows:
• Adoption of Ordinance # 027008 on September 26, 2006 amending standards for
wind energy systems.
• Presentation (non action) before the City Planning Commission to familiarize the
Commission with the proposed amendments to the draft Ordinance at the December
10, 2008 meeting.
• Presentation (non action) before the City Council to familiarize the Council with
proposed amendments to the draft Ordinance on April 28, 2009.
• Presentation (non action) before the City Council on July 14, 2009 to address the
amendments made to the draft Ordinance utilizing the recommendations made by
the Council at the April 28, 2009 meeting.
• Presentation (for action) of the Ordinance to the City Planning Commission at the
August 5, 2009 meeting, which was tabled to the September 30, 2009 meeting in
order to form a subcommittee to review outstanding and unresolved issues.
• Presentation (for action) of the Ordinance to the City Planning Commission at the
September 30, 2009 meeting, which was tabled to the October 14, 2009 meeting to
clarify language within a section of the Ordinance.
• Presentation (for action) of the Ordinance to the City Planning Commission at the
October 14, 2009 meeting for recommendation to the City Council. The Planning
Commission recommended approval of the Ordinance with a request to consider
eliminating any horizontal separation requirement between multiple units on a site.
• Presentation of the Ordinance to the City Planning Commission at the October 14,
2009 meeting for recommendation to the City Council. The Planning Commission
recommended approval of the Ordinance with an amendment to eliminate any
horizontal separation requirements between multiple units on a site.
Since the presentation -only meetings held on April 28, 2009, and July 14, 2009 before
the City Council to familiarize the Council with proposed amendments to the drafted
Ordinance, many changes have been made to the proposed Ordinance. A comparison
of the changes made to the draft is outlined below, and include the concepts and
standards that were presented to the City Council at the July 14, 2009 meeting, the
standards that were in place and presented to the Planning Commission during the first
request for action /recommendation meeting on August 5, 2009, and the most updated
version of standards that was recommended for approval by the Planning Commission
and Staff at the October 14, 2009 meeting:
C:\Documents and Settings \LisaW\Desktop \wit1i4rgy CC AGENDA Request & MEMO 10- 27- 09.doc
Comparison Chart
Standards &
Requirements
Current
Ordinance
7 -14-09 City
Council
Presentation
8 -5 -09 Planning
Commission
Meeting
New
Proposed
Amendments
By -right use
a
acreage
requirements
No provision.
1 small or med.
unit on at least 1.5
acres in F -R, single
family residential,
comm. & industrial
land use.
Single Family
Residential, 1
small or med. free-
standing unit.
Comm. & Lt.
Industrial, 1 small
or med. free-
standing unit, all
on 1.5 acres or
greater.
Min. 1 acre for
single - family
residential.
Special Use
Exception
acreage
requirements
1.5 acres or
greater
1 small unit per 1.5
acres in F -R, single
family residential,
commercial, or
industrial land use.
1 small or med.
unit for Comm. &
Lt. Industrial. 1
large unit per 5
acres for Med. to
Heavy Industrial.
Single Family
Residential &
Commercial, One
small free-
standing unit. Lt.
Industrial, 1 small
or med. free -
standing unit.
Heavy Industrial, 1
small, med., or
large free - standing
unit, all on 1.49
acres or less.
For single -
family
residential on
less than 1
acre.
Additional units
permitted
1 per each
1.5 acres
1 per each 1.5
acres
No additional units
permitted.
Yes, through
SUE
Total System
Height
g
110 feet
85, 100, or 150
feet, depending on
power output of
system
85, 100, or 150
feet, depending on
power output of
system
55' and 85'
Minimum
a Line •
Property
Setbacks
150% of total
height, within
the property
lines
Meeting fall radius
within property
lines
Meeting fall radius
within property
lines
Meeting fall
radius within
property lines
17 fact fnr
Vertical Ground
Clearance
25 feet
25 feet
25 feet
vertical axis
units, 25 feet for
horizontal axis
units
Multiple Unit
Horizontal
Clearance
110 feet
110%
110%
Max. Sound
Levels at
Property Line
60 dBA
Max. 60 dbA at the
property line 9:00
a.m. to 9:00 p.m.
Max. 40 dbA at the
property line 9:00
p.m. to 9:00 a.m.
Not to exceed 5
dBA above pre -
construction
ambient levels, not
to exceed City
Noise Ordinance.
100% (Not
recommended
by Planning
Commission)
Not to exceed
City Noise
Ordinance.
C: \Documents and Settings \LisaW\Desktop \windle>45y -CC AGENDA Request & MEMO 10- 27- 09.doc
Standards &
Requirements
Current
Ordinance
7 -14 -09 City
Council
Presentation
8 -5 -09 Planning
Commission
Meeting
New
Proposed
Amendments
Minimum
Survival Wind
Speed
140 mph
120, 130, or 140
mph, depending on
location
120, 130, or 140
mph, depending
on location
120, 130, or
140 mph,
depending on
location
Roof or Building
Mounted
Systems
Prohibited
Permitted, max.
height of 15' above
ridge. 1 unit
permitted.
Permitted, max.
height of 15' above
ridge. Not to
exceed 85' above
grade. 2 units
permitted.
Max height 15
and 35 feet
above ridge,
number of units
based on
building square
feet.
Engineer's
certification,
building &
electrical permit
required
Yes
Yes
Yes
Yes
Provides
standards for
Medium and
Large systems
No provision.
Yes
Yes
Large systems
removed from
ordinance
Provides public
security and de-
commissioning
standards
No provision.
Yes
Yes
Yes
Exemption of
req. for boats &
RVs
No provision.
No
Yes
No, No
authority to
regulate.
Provides for
State, Federal,
or Military
agency review
No provision.
Yes
Yes
Yes
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommended approval of the proposed Ordinance with the
condition that Section 27D- 4.4(B) related to the horizontal separation requirement
between multiple units on a site be eliminated from the final draft. Version "a ", as noted
within the footer of the document, is the version recommended for approval by the City's
Planning Commission and excludes the following section:
Section 27D -4.4
(B) Horizontal Clearance. If more than one wind energy unit is
located on multiple adiacent Tots, the distance between multiple
wind energy units may not be Tess than 100% of the total unit
height of the highest unit, and for horizontal axis units, measured
from the tip of the adjacent wind energy unit rotor blade in the
horizontal position.
C:\Documents and Settings \LisaW\Desktop \wino 4& CC AGENDA Request & MEMO 10- 27- 09.doc
STAFF RECOMMENDATION:
Staff recommends approval of the proposed Ordinance as submitted. Version "b ", as
noted within the footer of the document, is Staff's recommendation for approval, and
includes Section 27D- 4.4(B) stated above.
4v
Juan Perales, PE
Interim Assistant City Manager,
Development Services
C: \Documents and Settings \I.isaW\Desktop \windlestly -CC AGENDA Request & MEMO 10- 27- 09.doc
Version A - Planning Commission
Recommendations
ORDINANCE
AMENDING THE CORPUS CHRISTI ZONING ORDINANCE BY ADDING
NEW DEFINITIONS IN SECTIONS 3 -1, BY REDESIGNATING
SUBSECTION 3- 1.64.1 AS SUBSECTION 3- 1.64.2, BY
REDESIGNATING AND REVISING SUBSECTION 3.1.67.3 AS
SUBSECTION 3.1.67.4, BY REVISING SUBSECTIONS 3- 1.65.2 AND 3-
1.65.5, BY ADDING A NEW ARTICLE 27D, AND REVISING SECTION
29 -3.13, RELATING TO THE USE, REGULATIONS, AND REVIEW
STANDARDS FOR THE INSTALLATION AND SITING OF WIND
ENERGY CONVERSION UNITS WITHIN THE CITY LIMITS; AMENDING
CONFLICTING PROVISIONS OF THE CITY'S COMPREHENSIVE
PLAN; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR
SEVERENCE; PROVIDING FOR PENALTIES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the development and use of renewable energy sources and investments in
energy efficiency will enhance energy productivity and security; offer clean, reliable, and
affordable energy technologies, and increase choices available to the City of Corpus
Christi residents;
WHEREAS, with proper notice to the public, a public hearing was held on Wednesday,
December 10, 2008, August 5, 2009, September 30, 2009, and October 14, 2009,
during meetings of the Planning Commission, and on Tuesday, October 27, 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, the City Council has determined that the adoption of this ordinance best
serves the general welfare of the City and its citizens by providing a regulatory base for
the construction and operation of wind energy units in the City of Corpus Christi, subject
to reasonable restrictions, which will preserve the public health and safety;
WHEREAS, the City of Corpus Christi will coordinate planning for wind energy projects
with public and privately -owned electric utility companies, with independent developers
and with state and federal agencies, including but not limited to, the Texas Public
Utilities Commission, Texas General Land Office, Texas Parks and Wildlife Department,
U.S. Fish and Wildlife Service, Army Corps of Engineers, and the Texas Natural
Resource Conservation Commission among others;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. Section 3 -1 of the Corpus Christi Zoning Ordinance is amended by
redesignating subsection 3- 1.64.1 as subsection 3- 1.64.2, redesignating and revising
subsection 3;1.67.3 as subsection 3- 1.67.4; adding new subsections 3- 1.10.1, 3- 1.23.1,
Wind Energy System Ordinance 10152009a
C,148—
Page 2 of 22
3- 1.32.1, 3- 1.36.1, 3- 1.48.1, 3- 1.52.2, 3- 1.58.4, 3- 1.64.1, 3- 1.64.7, and 3- 1.67.3; and
revising subsections 3- 1.65.2 and 3- 1.65.5, to read as follows:
ARTICLE 3. DEFINITIONS
Section 3 -1 Words used in the present tense include the future, words in singular
number include the plural number, and words in the plural number include the singular;
the word "building" includes the word "structure;" the word "shall' is mandatory and not
directory. In the interpretation of this Ordinance only, and no other certain terms and
words are hereby defined as follows:
3- 1.10.1
3- 1.23.1
* * *
Building /Structurally- Mounted Wind Energy Unit. A small wind energy
unit for permanent mounting and operating on a building or other
structure. Building or structurally- mounted units may not exceed 10 kW in
manufacturer rated power.
*
*
*
Fall Radius. The fall area for a wind energy unit is measured by using the
total height of the tower as the radius around the center point of the base
of the tower.
3- 1.32.1 Grid System. The transmission and distribution system created to deliver
the supply and demand of electricity for consumers.
3- 1.36.1 Horizontal Axis Wind Energy Unit. A wind energy unit that utilizes a
generator shaft that is horizontal (parallel) to the ground.
3- 1.48.1
3- 1.52.2
Medium Wind Energy Unit. A wind energy conversion unit consisting of
one wind turbine and designed to supplement other electricity sources for
existing buildings or facilities, from which the power generated is used for
on -site consumption. A medium wind energy conversion unit has a total
rated capacity of 20 kW to 100 kW.
*
*
*
*
*
Rated Capacity. The maximum rated output of electric power production
equipment. This output is typically specified by the manufacturer with a
"nameplate" on the equipment.
Wind Energy System Ordinance 10152009a
—149—
3- 1.58.4
*
*
Page 3 of 22
Small Wind Energy Unit. A wind energy conversion unit designed to
supplement other electricity sources for existing buildings or facilities, from
which the power generated is used for on -site consumption. A small wind
energy conversion unit has a total rated capacity of up to 20 kW.
3- 1.64.1 Survival Wind Speed. The maximum wind speed, as designated by the
wind energy unit manufacturer, at which a unit, in unattended operation
(not necessarily producing power) is designed to survive, without damage
to any structural equipment or components of the system, or loss of the
ability to function normally.
3 1.64.1 3 1.64.2 Taverns, Lounges, or Bars. A use engaged in the retail sale of
alcoholic beverage, for on- premise consumption provided the
establishment derives more than 75 percent of the establishment's gross
revenue from the on- premise sale of alcoholic beverages. A tavern,
lounge, or bar may include entertainment providing such entertainment is
enclosed within the building structure.
3- 1.64.7
Total Unit Height. The distance from the grade to the highest point on
the unit or tower, including the vertical length of any extensions, such as
the rotor blade:
a. For horizontal axis wind energy units, the distance between the
ground and the highest point of the rotor blade in its vertical, upright
position;
b. For vertical axis wind energy units, the distance between the
ground and the highest point of the shaft
*
3- 1.65.2 Tower / Turbine, Guyed. Any telecommunications tower or wind energy
unit supported in whole or in part by cables anchored to the ground.
3- 1.65.5
*
Tower, Self- supporting Lattice. A telecommunications or wind energy
unit which consists of an open network of metal braces forming a tower
which is usually triangular or square in cross - section.
Wind Energy System Ordinance 10152009a
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3- 1.67.3
fr
Vertical Axis Wind Energy Unit. A wind energy unit that utilizes a
generator and shaft that is positioned vertical (perpendicular) to the
ground.
3- 1.67.4 Wind Energy Unit. A shaft, gearing belt, or coupling utilized to convert
the rotation of the surface area into a form suitable for driving a generator,
alternator, or other electricity producing device to convert the mechanical
energy of the surface area into electrical energy, and the associated,
tower, pylon, or other supporting structure, and rotor blades or other
device. Wind energy units may consist of several units forming a wind
energy system.
SECTION 2. The Corpus Christi Zoning Ordinance is amended by adding a new Article
27D to read as follows:
ARTICLE 27D WIND ENERGY CONVERSION UNITS
27D -1 Purpose. The purpose of this article is to facilitate the siting, installation, and
construction of small and medium wind energy conversion units within the City of
Corpus Christi, subject to reasonable restrictions, which will preserve the health
and safety of the public, ensure compatibility with surrounding land uses, and
provide guidelines in the protection of listed species.
27D -2 Applicability.
27D -2.1 The requirements of this article apply within the City of Corpus Christi
where all wind energy conversion units used to generate electricity or
perform work that may be connected to a utility grid, serve as an
independent source of energy, or serve as a hybrid system.
27D -2.2 Wind energy units in place prior to (EFFECTIVE DATE OF ORDINANCE)
are not required to meet the requirements of this article.
27D -2.3 However, any pre- existing wind energy unit that is not producing energy
for a continuous period of 6 months must meet the requirements of this
article prior to recommencing production of energy.
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27D -2.4 Any physical modification to an existing and permitted wind energy unit
that materially alters the size, type, power output, or number of wind
energy units, or other equipment, requires a permit modification from the
City.
27D -2.5 Accessory Use. Accessory use for this article refers to the stipulation
that the energy generated by a wind energy unit must be used onsite and
any additional energy produced above the total onsite demand can only
be sold to an electrical utility that normally provides electrical power to the
property.
27D -2.6
Wind Energy Farms. The leasing of land or establishment of wind
energy units on land for the commercial sale of wind energy is prohibited
within the City limits.
27D -3 Requirements for all Wind Energy Units.
27D -3.1
Certification. All wind energy units must be approved under an Emerging
Technology program, such as the California Energy Commission, IEC, or
any other small and medium wind certification program recognized by the
American Wind Energy Association (AWEA) or the U.S. Department of
Energy.
27D -3.2 Permits. All wind energy units require a Building Permit, Electrical Permit,
and Development Services review by the City.
27D -3.3 Inspection. All wind energy units must be inspected by the City's Building
and Electrical Inspectors.
27D -3.4 Permit Issuance. The Development Services review must be performed,
and the Building Permit, Electrical Permit, and if applicable, Special Use
Exception Permit; must be issued prior to the mounting, pouring of a
concrete pad, or construction and assembly of the wind energy unit.
27D -3.5 Agency Review. All wind energy units are subiect to permit review and
consultation with all applicable State and Federal agencies having
iurisdiction and listed under Section 27D -6.
27D -3.6 Survival Wind Speed. All wind energy units and associated components,
including, but not limited to, generator, rotor blades, or other components
and covers, must be constructed of materials and be installed to meet or
exceed the minimum wind resistant construction standards of the Texas
State Department of Insurance Wind Load Factors for the Corpus Christi
area and the Corpus Christi Building Code.
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27D -3.7 Setbacks.
27D -3.8
Page 6 of 22
(A) All required setbacks are measured from the property line or utility
easement, if present and applicable, and subject to Section 27D-
4.4.
(B) If an Applicant is able to present evidence that the proposed wind
energy system has been engineered with a break -point along the
tower, the City may determine that the measurement of the length
of the longest segment following a break at the break - point can be
used in determining the fall radius and setback.
Controls and brakes. All wind energy units must have automatic and
manual braking systems, that engage at the maximum wind speeds
allowable as designated for the type of wind energy unit installed, to
prevent uncontrolled rotation and excessive pressure on the tower
structure, rotor blades, turbine components, or supporting and mounting
structures.
27D -3.9 Maintenance. The owner and operator of a wind energy unit must
maintain the unit to manufacturer standards. All required periodic
maintenance must be performed as recommended by the manufacturer.
27D -3.10 Appearance. All wind energy units must maintain a non - reflective finish.
27D -3.11 Signs. Advertising or identification of any kind on wind energy conversion
units is prohibited.
27D -3.12 Wiring.
(A) Storage. All electrical wires associated with a freestanding wind
energv conversion unit must be located on or within the tower or
supporting structure in a manner that minimizes their visibility, and
must be installed in compliance with the Corpus Christi Electrical
Code.
(B) Installation. All transmission wires must be installed underground
and comply with the City of Corpus Christi's Electrical Code.
27D -3.13 Lighting. Wind energy units may not be artificially lighted, unless
requested or required by the Federal Aviation Administration.
27D -3.14 Restrictive Covenants and Easements. Wind energy units may not be
located in violation of any restrictive covenants and private restrictions on
the properties where they are located.
27D -3.15 Flood Elevations. All electrical and mechanical equipment associated
with a wind energy unit must meet the Base Flood Elevation requirements
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of the "Flood Hazard Prevention Code" under the City's Chapter 14,
Development Services Code.
27D-4 Uses, Lot Size Allowances, Heights, Setbacks, and Required Permits.
27D -4.1 Permitted Use /By Right.
(A) All applications for wind energy units as a Permitted /By Right use
are subiect to permit review and the requirements of Sections 27D-
2, 27D -3, 27 -D4.1, 27D -4.3, 27D -4.4, 27D -5, 27D -6, 27D -7, 27D -8,
and 27D -9.
(B) Wind energy units are allowed as an accessory use to a building or
structure requiring energy, and as a Permitted/By-Right use on
platted Tots as follows:
1) Single- Family, Two - Family, and Townhouse Residential Use
Districts. The following standards apply to the single - family,
two- family, and townhouse residential uses in zoning
districts RE, RA, R -1A, R -1 B, R -1 C, R -TH, R -2, A -1, A -1A,
A -2, AB, B -1, B -1A, B -2, B -2A, B-4, or BD:
a) One building or structurally- mounted unit is permitted
for every 1,500 sq. ft. of a building requiring energy,
not to exceed a height of 15 feet above the highest
point of the structure, excluding chimneys, with a fall
radius that falls within the property lines.
b) In addition to building or structurally- mounted units,
one small free - standing unit is permitted on any lot
originally platted as one acre (43,560 sq. ft.) in size or
greater, the total unit height of which may not exceed
55 feet above the natural grade, with a fall radius that
falls within the property lines.
2) Multiple - family Residential Use Districts. The following
standards apply to the multiple - family residential uses in
zoning districts A -1, A -1A, A -2, AT, AB, B -1, B -1A, B -2, B-
2A, B-4, or BD:
a) One building or structurally - mounted unit is permitted
Wind Energy System Ordinance 10152009a
for every 20,000 sq. ft. of a building requiring energy,
not to exceed a height of 15 feet above the highest
point of the structure, excluding chimneys, with a fall
radius that falls within the property lines, and clears all
other structures onsite.
—154—
Page 8 of 22
b) In addition to building or structurally- mounted units,
one small free - standing unit is permitted on a platted
lot, the total unit height of which may not exceed 55
feet above the natural grade, with a fall radius that
falls within the property lines, and clears all other
structures onsite.
3) Neighborhood Business and Light- Industrial Use Districts.
The following standards apply to the neighborhood business
and light- industrial uses in zoning districts AB, B -1, B -1A, B-
2, B -2A, B -3, 1 -1, or 1 -2:
a) One building or structurally- mounted unit is permitted
for every 20,000 sq. ft. of a building requiring energy,
not to exceed a height of 15 feet above the highest
point of the structure, excluding chimneys, with a fall
radius that falls within the property lines, and clears all
other structures onsite.
b) In addition to building or structurally- mounted units,
one small free - standing unit is permitted on a platted
lot, the total unit height of which may not exceed 55
feet above the natural grade, with a fall radius that
falls within the property lines, and clears all other
structures onsite.
4) Primary Business and Heavy- Industrial Use Districts. The
following standards apply to the general business, heavy-
industrial, and agricultural uses in zoning districts B-4, B -5,
B -6, or 1 -3
a) One building or structurally- mounted unit is permitted
for every 20,000 sq. ft. of a building requiring energy,
not to exceed a height of 35 feet above the highest
point of the structure, excluding chimneys, with a fall
radius that falls within the property lines, and clears all
other structures onsite.
b) In addition to building or structurally- mounted units,
one small free - standing unit is permitted on a platted
lot, the total unit height of which may not exceed 85
feet above the natural grade, with a fall radius that
falls within the property lines, and clears all other
structures onsite.
5) Agricultural Use Districts. The following standards apply to
the agricultural uses in zoning district F -R:
Wind Energy System Ordinance 10152009a
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a) One building or structurally- mounted unit is permitted
for every 1,500 sq. ft. of a building requiring energy,
not to exceed a height of 35 feet above the highest
point of the structure, excluding chimneys, with a fall
radius that falls within the property lines, and clears all
other structures onsite. Each building that is at least
1,500 sq. feet that requires energy may have a
building or structurally- mounted unit.
b) In addition to building or structurally- mounted units,
two small free - standing units are permitted on a
platted lot, the total unit height of which may not
exceed 85 feet above the natural grade, with a fall
radius that falls within the property lines, and clears all
other structures onsite.
27D -4.2 Special Use Exception Permit.
(A) All applications for wind energy units under a Special Use
Exception Permit are subject to permit review and the requirements
of Sections 27D -2, 27D -3, 27 -D4.2, 27D -4.3, 27D -4.4, 27D -5,
27D -6, 27D -7, 27D -8, 27D -9, and 29 -3.13. The Zoning Board of
Adiustment shall apply the following additional standards during
their review:
(B) All Special Use Exception Permits issued for a wind energy unit are
for the life of the system, and with the exception of the replacement
of parts for the repair of an existing unit, any replacement in the
model, height, or power output of the unit requires an amendment
to the existing Special Use Exception Permit.
(C) Wind energy units, which are in addition to any wind energy units
allowed by right under 27D -4.1, are allowed as an accessory use to
a building requiring energy on platted lots under a Special Use
Exception Permit as follows:
1) Single - Family, Two - Family, and Townhouse Residential
Use Districts. One small free - standing unit is permitted on
any lot platted as Tess than one acre (43,560 sq. ft.) in size,
provided that the total unit height may not exceed 55 feet
above the natural grade and the unit will fall within the
property lines, in the following zoning districts RE, RA, R -1A,
R -1 B, R -1 C, R -TH, R -2, A -1, A -1 A, A -2, AB, B -1, B -1 A, B -2,
B -2A, B -4, or BD, when theproperty is being used for single -
family, two- family, or townhouse residential uses.
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2) Multiple - family Residential, Neighborhood Business
and Light- Industrial Use Districts. One medium free-
standing unit is permitted on any lot platted as four or more
acres in size, provided that the total unit height may not
exceed 55 feet above the natural grade and the unit will fall
within the property lines, in the following zoning districts A -1,
A -1A, A -2, AT, AB, B -1, B -1A, B -2, B -2A, B -3, BD, 1 -1, or 1 -2,
when the property is used for multiple - family residential
uses, neighborhood business, and light- industrial uses.
3) Primary Business and Heavy Industrial Use Districts.
One medium free - standing unit is permitted on any lot
platted as four or more acres in size, provided that the total
unit height may not exceed 85 feet above the natural grade
and the unit will fall within the property lines, in the following
zoning districts B-4, B -5, B -6, or 1 -3, when the property is
used for general business or heavy- industrial uses.
4) Agricultural Use Districts. Two medium free - standing
units are permitted on any lot platted, provided that the total
unit height may not exceed 85 feet above the natural grade
and the unit will fall within the property lines, in the following
zoning districts F -R, when the property is used for
agricultural uses.
27D -4.3 Additional Unit Allowances. Additional wind energy units are permitted
on platted lots in the districts listed below through the Special Use
Exception permitting process. The Zoning Board of Adjustment shall
apply the following additional standards during their review:
(A)
Requests for additional small or medium wind energy units •
on a site above what is permitted in Sections 27D -4.1 and
27D -4.2 above, can be considered as an accessory use by
the City's Zoning Board of Adjustment in the:
1) F -R, B -5, B -6, and 1 -3 Zoning Districts.
2) A Planned Unit Development (PUD) with at least four
acres. The Assistant City Manager, Development
Services, or designee, shall submit a
recommendation on whether the application is
consistent with the plans for the PUD.
3) A platted development with at least four acres of
common areas, subject to the standards established
for the uses and underlying zoning districts under
Sections 27D -4.1 and 27D -4.2.
Wind Energy System Ordinance 10152009a
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(B)
(C)
(D)
Page 11 of 22
For all requests made for additional units for the uses and
the zoning districts listed under this section, the applicant
must be able to show that the additional unit or units are
required to power the buildings or facilities that the additional
units are being requested for, and the energy production of
the additional units does not exceed the building or facility
electrical power demand onsite by more than 50% of the
peak annual demand.
Additional units can be approved for thes&districts, at a ratio
of one additional small or medium unit for every additional
four acres.
Additional units granted by the Board of Adjustments must
meet the standards of this Article, and the review standards
of Section 29 -3.13.
27D -4.4 Additional Setbacks, Clearance, and Height Requirements. All wind
energy units must be located under the following setback and clearance
requirements, measured from the center of the supporting structure base:
(A) Yards. No wind energy unit may be located in any required front
yard, located between a principal building and a required front yard,
or located in front of the front building line of the principal
residential, commercial, agricultural, rural, or industrial building on
the lot served by the wind energy unit.
(B) Vertical Ground Clearance. The blade tip of any wind energy unit
at its lowest point, must have a ground clearance of no less than 12
feet for a vertical axis wind energy unit, and 25 feet for a horizontal
axis wind energy unit, as measured at the lowest point of the
turbine unit for a vertical axis unit, or lowest point of the arc of the
blades for a horizontal axis unit.
(C) Communication and Electrical Lines. Each wind energy unit
must be set back a minimum distance of 100% of the total unit
height from any right -of -way, or public or private easement where
above ground structures or utility lines exist, or are likely to exist,
without proof of the lawful consent of the easement owners.
(D) Professional Engineer Certification. The maximum height of any
structurally- mounted or freestanding wind energy unit will be
dependent upon the results of the structural engineering plans,
performed by a registered Texas State Engineer.
(E) All Maximum Heights. Maximum heights for all wind energy units
may not exceed the manufacturer's height recommendations for the
unit.
Wind Energy System Ordinance 10152009a
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27D -5 Prohibitions and Nuisance Abatement.
(A) Prohibited Models. The following wind energy units are prohibited
in all zoning districts:
(1) - Guyed or latticed towers for small, or medium wind energy
units:
(2) Experimental, homebuilt, prototype models, or any model not
listed on the City's list of approved manufacturers and
models.
(B) Signal Interference.
(1) Prevention. The manufacturer or wind energy unit
representative must take into consideration the proposed
location of the wind energy unit and certify that the siting of
the wind energy unit will not interfere with any of the
following:
(a) Existing microwave communications links.
fb) Existing fixed broadcast, retransmission, or reception
antenna (including residential reception antenna) for
radio, television, wireless phone, or other personal
communication systems.
(c) Military or civil navigational or defense radar signals.
(2) Military Base Facilities. Wind energy units are prohibited
in areas deemed critical as navigational and defense radar
sensitive areas by any military facility or installation.
(3) Mitigation. Operation of wind energy units must be
discontinued if such interference occurs after the
construction, until such time as the interference is mitigated
for or eliminated.
(D) Sound Emissions.
(1) The sound levels emitted by all wind energy units at all the
neighboring property lines may not exceed the sound levels,
or be in violation of, any of the standards established under
the City's Chapter 31 "Noise" Ordinance.
(2) Sound Level Complaints. All noise nuisance complaints will
be processed by the City in accordance with the standards
and requirements of the City's Chapter 31 "Noise" Ordinance
Wind Energy System Ordinance 10152009a
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and may require the owner of the wind energy unit to cease
operation of the unit until the complaint has been resolved
and the unit has been brought into compliance.
fE) Security.
(1) Ground Clearance. The bottom of a freestanding tower or
mounting structure, measured from ground level to 15 feet
above ground level, must be designed in a manner to
discourage unauthorized climbing.
(2) Access. All access doors to wind turbine towers and
electrical equipment must be lockable.
(F) Enforcement
(1) Safety. Any wind energy unit found to be unsafe by the
local Building Official must be repaired by the owner within
60 days of the Building Official's notice to meet Federal,
State, Local and manufacturer safety standards, and the
standards of this section.
12) Notice. If any wind energy unit is not operated for at least a
continuous period of 6 months due to operational difficulties
or abandonment, the landowner shall provide the City the
reasons for the operational difficulty or abandonment and
provide a reasonable timetable for corrective action, or
removal of the wind energy unit as outlined under Section
27D -7.
(3) Resolution. If the Assistant City Manager, Development
Services or designee deems the timetable for corrective
action as unreasonable, the Assistant City Manager,
Development Services or designee, may notify the
landowner or operator, who shall remove the wind energy
unit within 6 months of receipt of notice from the Assistant
City Manager, Development Services or the designee.
27D -6 Agency Cooperation, Review, and Compliance. All proposed wind
energy units are subject to the following agency reviews during the siting,
application, site plan review, and permitting processes:
(A) Federal Aviation Administration (F.A.A.) Requirements. All
proposed wind energy units are subject to the F.A.A.'s
requirements.
(B) Naval Air Station (NAS) & Military Bases and Airports. Wind
energv units proposed within military Accident Potential Zones, Air
Wind Energy System Ordinance 10152009a
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Installation Compatibility Use Zones, or that may interfere with
military or civilian Navaid or defense radar systems will require
review by the Federal Aviation Administration.
(C) State and Federally Protected Species and Wetlands. All
proposed wind energy units are subject to review by State and
Federal agencies responsible for the protection of listed species,
migratory bird species, wetlands, and state waters. Permit review
may require proof of consultation with jurisdictional agencies and
additional biological assessments may have to be performed on the
proposed site if it is determined by the reviewing agency that
protected species are likely to be impacted on the site.
(1) Sanctuaries. Any wind energy unit proposed within one
mile from designated Bird Sanctuaries, Preserves, Wildlife
State or Federal Parks, or Wildlife Resource or Management
Areas, require consultation and review by the Texas Parks
and Wildlife Department and the U.S. Fish and Wildlife
Service and may require mitigation or permitting measures
by the applicant.
(2) Protected Species. Any wind energy unit proposed within
an area inhabited by a protected species or their associated
rookeries, Ieks, breeding, or foraging grounds, require
consultation and review by the Texas Parks and Wildlife
Department and the U.S. Fish and Wildlife Service and may
require mitigation or permitting measures by the applicant.
(3) Wetlands. Wind energy units proposed within the
boundaries of any jurisdictional wetlands /waters require
consultation and review by the Army Corp of Engineers and
the Texas General Land Office.
(4) Utility Notification. No wind energy unit that has the ability
to be connected to a power grid may be installed until the
applicant has provided evidence of compliance with all State
laws and provides a copy of the "Application for
Interconnection and Parallel Operation of Distributed
Generation ", as may be amended or replaced in the future,
that has been fully executed and approved by the electric
utility company.
(5) Permit Issuance. The applicant must show consideration
of, and proof of compliance with these agencies if required,
prior to receiving a Building Permit, Electrical Permit, or
Special Use Exception Permit for the wind energy unit from
the City.
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27D -7 Decommissioning.
270 -7.1 Useful Life. The wind energy unit is presumed to be at the end of its
useful life if no electricity is generated for a continuous period of 6 months.
27D -7.2 Responsibility. The property owner or operator shall, at their sole
expense, complete decommissioning of the wind energy unit within 6
months from the time it is determined that the wind energy unit has met
the end of its useful life as outlined in 27D -7(A).
27D -7.3
Required Action. Decommissioning must include removal of the entire
wind energy unit, including buildings, cabling, electrical components, and
any other associated facilities.
27D -7.4 Remediation. Disturbed earth must be graded and re- seeded.
27D -8 Application Requirements.
27D -8.1
An application for approval of a wind energy unit must include plans and
specifications sufficient to show that the proposed wind energy unit
complies with the standards under this article. An application may not be
deemed complete unless it includes the following items:
(A) Permit Application: Original signatures are required for the
applicant and all co- applicants applying for the Special Use
Exception Permit, Building Permit, and Electrical Permit. If the
applicant or co- applicant is represented by an agent, the original
signature of the property owner authorizing the agent to represent
the applicant and /or co- applicant is required. The following
information must be included on the application under the project
description:
(1) An estimate of the total on -site electrical demands and the
approximate generating capacity of the wind energy unit.
(2) The name of the certified manufacturer and model proposed
for use from the City's list of certified manufacturers and
models.
(3) The height of the wind energy unit to be constructed.
(4) The phone number and name of a responsible person for the
public to contact with inquiries and complaints throughout
the life of the proiect.
(B) Site Plan. Two copies of a site plan submitted for a small or
medium wind energy unit submitted on a minimum size of 8W X
14" sheets, with the requirement that all of the submittal
Wind Energy System Ordinance 10152009a
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requirements listed under this section are included on additional
site plan sheets. The site plan must include the following
information:
(1) Legal description, including lot and block, metes and
bounds, and address of the project site.
(2) Adiacent land uses and zoning designations.
(3) The locations of all easements, rights- of -wav, building, front,
side, and rear zoning lot setback lines, locations of all
existing buildings, fences, and overhead utility lines on the
property.
(4) The exact location and orientation of each wind energy unit
within the site and the direction of the prevailing winds.
(C) System Design Drawings. Certified and sealed engineered
drawings prepared bv aprofessional Engineer registered in the
State of Texas are required, and must include the following
information:
(1) Engineering design specifications of the wind energy unit,
including the tower and supporting structure, base, footings,
and the unit components, showing compliance with the City's
Building Code.
(2) Drawings that indicate the total finished wind energy unit
heights from the grade level prior to anv modifications,
including anv engineered break points along the tower.
(3) The wind survival speed of the entire unit and supporting
structure, including turbine, rotor blades, covers, and other
components.
(4) Data pertaining to the tower or supporting structure's safety
and stability, including any safety results from test facilities.
(5) A copy of the manufacturer's installation instructions.
(6) Building or Structurally- Mounted Systems.
la) The certified and sealed engineering plans prepared
bv a professional Engineer registered in the State of
Texas must show how the wind energy unit will be
installed for the portions of the structure proposed for
use in the mounting of the unit.
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(b) The engineering plans must state and show that the
proposed wind energy unit is compatible with the
portions of the mounting structure proposed for use.
(D) Written Statements and Additional Documentation. In addition
to the site plan, applications for all wind energy units must include
proof of the following in the form of written statements:
(1.) A statement verifying that the small or medium wind energy
conversion unit will be used solely for on -site consumption of
electricity, and any additional energy produced above the
total onsite demand can only be sold to an electrical utility
that normally provides electrical power to the property.
(2) A statement indicating what safety precautions and
emergency plan the applicant proposes to utilize in a storm
event greater than Category! (74 mph winds).
(3) A statement from any architectural review board, property
owners', or homeowners' association that the proposed unit
complies with association requirements and restrictions if
applicable.
(4) A statement that the project site is, or is not, within a
protected area surrounding an airport or air installation
where air traffic may be a consideration affecting the
installation of the unit, if required. (The applicant shall
provide evidence of compliance with any applicable aviation
regulatory requirements).
(5) Copies of any City, State, Federal, or Military reviews,
permits, licenses, biological opinions,
biological/environmental assessments, records of decision,
memoranda of understanding, exemption, variance, or other
authorization or approval related to the proposed wind
energy project, if required.
(6) Copy of the manufacturer's scheduled maintenance
requirements for the proposed unit.
(E) Grid -tied systems. For wind energy units that will be connected to
an electrical grid, a copy of the fully executed "Application for
Interconnection and Parallel Operation of Distributed Generation" is
required, as described in 27D- 6fC)f4) above, approved by the
electric utility service provider that serves the proposed site
indicating that the applicant has been approved for the installation
of a wind energy conversion unit.
Wind Energy System Ordinance 10152009a — 1 64—
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27D -9 Review Standards.
27D -9.1 The applicant's submittal for a Building Permit, Electrical Permit, and
Special Use Exception Permit mustdemonstrate compliance with the
following standards under this section, in addition to the Special Use
Exception Permit review standards under Section 29- 3.13(C)(3).
(A) Public Safety. The proposed wind energy unit must be designed
and operated to protect public safety by measures that may
include, but are not limited to, the following:
(1) The proposed wind energy unit must be designed,
constructed, and operated so the public cannot come within
close proximity to turbine blades and electrical equipment.
(2) The proposed wind energy unit must be designed, sited,
constructed, operated, and maintained to prevent the
structural failure of the system or blades that could endanger
the public's safety.
(B) Other Properties. The wind energy unit may not adversely affect
the uses of adjoining and adjacent properties.
(C) State, Federal, Military, and Civil Requirements. The proposed
wind energy unit has been designed, sited, and will operate in
compliance with the regulations, codes, statutes, and laws of all
Local Government, Military, State, and Federal agencies.
SECTION 3. Section 29 -3.13, Corpus Christi Zoning Ordinance is revised to read as
follows:
the- blade-
en (110) feet measured at the top of
Wind Energy System Ordinance 10152009a —16 5—
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at the base of the structure.
one hundred (110) mph.
- .- -- - - - - - ' - -- .
29 -3.13 Wind Energy Conversion Units. The review process for a Special Use
Exception for a wind energy unit is as follows:
(A) Concurrent Site Plan Submittal.
(1) The application for a Special Use Exception for a wind
energy unit must include a site plan as outlined under
Section 27D -8.1.
(2) The Board of Adiustment may not approve, approve with
conditions, or deny a Special Use Exception application until
after the site plan has been reviewed by the City's
Development Services Department.
(B) Development Services Review.
(1) The City's Development Services Department must review
the application and, considering the review criteria under this
article, make a recommendation to the Board of Adjustment.
(2) The Assistant City Manager, Development Services or
designee shall be responsible for making a recommendation
in the event an agreement on a recommendation from the
development review committee cannot be reached.
IC) Board of Adjustment Action.
(1) The Board of Adjustment must take final action on the
Special Use Exception for a wind energy unit within 45 days
Wind Energy System Ordinance 10152009a
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from the date the recommendation of the Director of
Development Services is made.
(2) In the event the Board of Adjustment fails to act within 45
days, the application for the Special Use Exception for a
wind energy unit shall be deemed, in all things, denied.
(3) Review Standards for a Wind Energy Unit Special Use
Exception. In determining whether to approve, approve with
conditions, or disapprove a Special Use Exception for a wind
energy unit, the Board of Ad1ustment must consider and
make a specific finding on each of the following criteria:
(a) The use conforms in all respects to the regulations
and standards found in the City's Zoning and Platting
Ordinances.
(b) The impact of the use on public infrastructure, such
as roads, natural gas, water, storm water, and
wastewater systems, and on public services, such as
police and fire protection and solid waste collection,
can be minimized without negatively impacting
existing uses in the area and in the City.
(c) The physical appearance, hours of operation, and
conduct of the use does not generate excessive
noise, dust, smoke, glare, spillover lighting, or other
forms of environmental or visual pollution, or
otherwise detrimentally affect the residential character
of the area or adiacent areas.
Id) The use takes adequate measures to control or
eliminate smoke, dust, gas, glare, hazardous
materials, noise, or vibration caused by operations.
(e) The use complements and is compatible with the
surrounding uses and community facilities.
ff) The use does not substantially affect adversely the
uses of adjacent and neighboring property.
(q) The use is not detrimental to the public's health,
safety, or general welfare.
SECTION 4. That the Corpus Christi Zoning Ordinance, approved on the 27th day of
August, 1973, as amended from time to time, except as changed by this ordinance and
any other ordinances adopted on this date, remain in full force and effect.
Wind Energy System Ordinance 10152009a
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SECTION 5. That to the extent that this amendment to the Corpus Christi Zoning
Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive
Plan is amended to conform to the Corpus Christi Zoning Ordinance, as amended by
this ordinance.
SECTION 6. That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION 7. 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 may 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 8. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning
Ordinance.
SECTION 9. 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 10. This Ordinance shall take effect upon and after publication of this
Ordinance.
Wind Energy System Ordinance 10152009a —1 6 8—
Page 22 of 22
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
Chris N. Adler
Brent Chesney
Larry R. 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:
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
Joe Adame
Chris N. Adler
Brent Chesney
Larry R. Elizondo, Sr.
Kevin Kieschnick
PASSED AND APPROVED this the
ATTEST:
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
Armando Chapa
City Secretary
APPROVED: /5n day of October,
R. Ja ning
First Assistant Cify Attorney
For City Attorney
Wind Energy System Ordinance 10152009a
day of , 2009.
Joe Adame
Mayor
2009:
—169—
Version B
Staff Recommendations
ORDINANCE
AMENDING THE CORPUS CHRISTI ZONING ORDINANCE BY ADDING
NEW DEFINITIONS IN SECTIONS 3 -1, BY REDESIGNATING
SUBSECTION 3- 1.64.1 AS SUBSECTION 3- 1.64.2, BY
REDESIGNATING AND REVISING SUBSECTION 3.1.67.3 AS
SUBSECTION 3.1.67.4, BY REVISING SUBSECTIONS 3- 1.65.2 AND 3-
1.65.5, BY ADDING A NEW ARTICLE 27D, AND REVISING SECTION
29 -3.13, RELATING TO THE USE, REGULATIONS, AND REVIEW
STANDARDS FOR THE INSTALLATION AND SITING OF WIND
ENERGY CONVERSION UNITS WITHIN THE CITY LIMITS; AMENDING
CONFLICTING PROVISIONS OF THE CITY'S COMPREHENSIVE
PLAN; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR
SEVERENCE; PROVIDING FOR PENALTIES; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the development and use of renewable energy sources and investments in
energy efficiency will enhance energy productivity and security; offer clean, reliable, and
affordable energy technologies, and increase choices available to the City of Corpus
Christi residents;
WHEREAS, with proper notice to the public, a public hearing was held on Wednesday,
December 10, 2008, August 5, 2009, September 30, 2009, and October 14, 2009,
during meetings of the Planning Commission, and on Tuesday, October 27, 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, the City Council has determined that the adoption of this ordinance best
serves the general welfare of the City and its citizens by providing a regulatory base for
the construction and operation of wind energy units in the City of Corpus Christi, subject
to reasonable restrictions, which will preserve the public health and safety;
WHEREAS, the City of Corpus Christi will coordinate planning for wind energy projects
with public and privately -owned electric utility companies, with independent developers
and with state and federal agencies, including but not limited to, the Texas Public
Utilities Commission, Texas General Land Office, Texas Parks and Wildlife Department,
U.S. Fish and Wildlife Service, Army Corps of Engineers, and the Texas Natural
Resource Conservation Commission among others;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. Section 3 -1 of the Corpus Christi Zoning Ordinance is amended by
redesignating subsection 3- 1.64.1 as subsection 3- 1.64.2, redesignating and revising
subsection 3- 1.67.3 as subsection 3- 1.67.4; adding new subsections 3- 1.10.1, 3- 1.23.1,
Wind Energy System Ordinance 10152009b — S� - -j 70—
Page 2 of 22
3- 1.32.1, 3- 1.36.1, 3- 1.48.1, 3- 1.52.2, 3- 1.58.4, 3- 1.64.1, 3- 1.64.7, and 3- 1.67.3; and
revising subsections 3- 1.65.2 and 3- 1.65.5, to read as follows:
ARTICLE 3. DEFINITIONS
Section 3 -1 Words used in the present tense include the future, words in singular
number include the plural number, and words in the plural number include the singular;
the word "building" includes the word "structure;" the word "shall" is mandatory and not
directory. In the interpretation of this Ordinance only, and no other certain terms and
words are hereby defined as follows:
* * *
3- 1.10.1 Building /Structurally- Mounted Wind Energy Unit. A small wind energy
unit for permanent mounting and operating on a building or other
structure. Building or structurally- mounted units may not exceed 10 kW in
manufacturer rated power.
3- 1.23.1
* * *
Fall Radius. The fall area for a wind energy unit is measured by using the
total height of the tower as the radius around the center point of the base
of the tower.
*
3- 1.32.1 Grid System. The transmission and distribution system created to deliver
the supply and demand of electricity for consumers.
*
3- 1.36.1 Horizontal Axis Wind Energy Unit. A wind energy unit that utilizes a
generator shaft that is horizontal (parallel) to the ground.
3- 1.48.1
3- 1.52.2
*
* * *
Medium Wind Energy Unit. A wind energy conversion unit consisting of
one wind turbine and designed to supplement other electricity sources for
existing buildings or facilities, from which the power generated is used for
on -site consumption. A medium wind energy conversion unit has a total
rated capacity of 20 kW to 100 kW.
*
* *
*
*
Rated Capacity. The maximum rated output of electric power production
equipment. This output is typically specified by the manufacturer with a
"nameplate" on the equipment.
Wind Energy System Ordinance 10152009b
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3- 1.58.4
Page 3 of 22
*
Small Wind Energy Unit. A wind energy conversion unit designed to
supplement other electricity sources for existing buildings or facilities, from
which the power generated is used for on -site consumption. A small wind
energy conversion unit has a total rated capacity of up to 20 kW.
3- 1.64.1 Survival Wind Speed. The maximum wind speed, as designated by the
wind energy unit manufacturer, at which a unit, in unattended operation
(not necessarily producing power) is designed to survive, without damage
to any structural equipment or components of the system, or loss of the
ability to function normally.
3 1.64.1 3- 1.64.2 Taverns, Lounges, or Bars. A use engaged in the retail sale of
alcoholic beverage, for on- premise consumption provided the
establishment derives more than 75 percent of the establishment's gross
revenue from the on- premise sale of alcoholic beverages. A tavern,
lounge, or bar may include entertainment providing such entertainment is
enclosed within the building structure.
3- 1.64.7
*
Total Unit Height. The distance from the grade to the highest point on
the unit or tower, including the vertical length of any extensions, such as
the rotor blade:
a. For horizontal axis wind energy units, the distance between the
ground and the highest point of the rotor blade in its vertical, upright
position:
b. For vertical axis wind energy units, the distance between the
ground and the highest point of the shaft
*
3- 1.65.2 Tower / Turbine. Guyed. Any telecommunications tower or wind energy
unit supported in whole or in part by cables anchored to the ground.
3- 1.65.5
*
Tower, Self- supporting Lattice. A telecommunications or wind energy
unit which consists of an open network of metal braces forming a tower
which is usually triangular or square in cross - section.
Wind Energy System Ordinance 10152009b
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3- 1.67.3
c
Vertical Axis Wind Energy Unit. A wind energy unit that utilizes a
generator and shaft that is positioned vertical (perpendicular) to the
ground.
3- 1.67.4 Wind Enerqy Unit. A shaft, gearing belt, or coupling utilized to convert
the rotation of the surface area into a form suitable for driving a generator,
alternator, or other electricity producing device to convert the mechanical
energy of the surface area into electrical energy, and the associated,
tower, pylon, or other supporting structure, and rotor blades or other
device. Wind energy units may consist of several units forming a wind
energy system.
*
* *
SECTION 2. The Corpus Christi Zoning Ordinance is amended by adding a new Article
27D to read as follows:
ARTICLE 27D WIND ENERGY CONVERSION UNITS,
27D -1 Purpose. The purpose of this article is to facilitate the siting, installation, and
construction of small and medium wind energy conversion units within the City of
Corpus Christi, subject to reasonable restrictions, which will preserve the health
and safety of the public, ensure compatibility with surrounding land uses, and
provide guidelines in the protection of listed species.
27D -2 Applicability.
27D -2.1
The requirements of this article apply within the City of Corpus Christi
where all wind energy conversion units used to generate electricity or
perform work that may be connected to a utility grid, serve as an
independent source of energy, or serve as a hybrid system.
27D -2.2 Wind energy units in place prior to (EFFECTIVE DATE OF ORDINANCE)
are not required to meet the requirements of this article.
27D -2.3 However, any pre - existing wind energy unit that is not producing energy
for a continuous period of 6 months must meet the requirements of this
article prior to recommencing production of enerciv.
Wind Energy System Ordinance 10152009b —1 7 3—
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27D -2.4 Any physical modification to an existing and permitted wind energy unit
that materially alters the size, type, power output, or number of wind
energy units, or other equipment, requires a permit modification from the
City.
27D -2.5
27D -2.6
Accessory Use. Accessory use for this article refers to the stipulation
that the energy generated by a wind energy unit must be used onsite and
any additional energy produced above the total onsite demand can only
be sold to an electrical utility that normally provides electrical power to the
property.
Wind Energy Farms. The leasing of land or establishment of wind
energy units on land for the commercial sale of wind energy is prohibited
within the City limits.
27D -3 Requirements for all Wind Energy Units.
27D -3.1
Certification. All wind energy units must be approved under an Emerging
Technology program, such as the California Energy Commission, IEC, or
any other small and medium wind certification program recognized by the
American Wind Energy Association (AWEA) or the U.S. Department of
Energy.
27D -3.2 Permits. All wind energy units require a Building Permit, Electrical Permit,
and Development Services review by the City.
27D -3.3 Inspection. All wind energy units must be inspected by the City's Building
and Electrical Inspectors.
27D -3.4 Permit Issuance. The Development Services review must be performed,
and the Building Permit, Electrical Permit, and if applicable, Special Use
Exception Permit, must be issued prior to the mounting, pouring of a
concrete pad, or construction and assembly of the wind energy unit.
27D -3.5
27D -3.6
Agency Review. All wind energy units are subiect to permit review and
consultation with all applicable State and Federal agencies having
jurisdiction and listed under Section 27D -6.
Survival Wind Speed. All wind energy units and associated components,
including, but not limited to, generator, rotor blades, or other components
and covers, must be constructed of materials and be installed to meet or
exceed the minimum wind resistant construction standards of the Texas
State Department of Insurance Wind Load Factors for the Corpus Christi
area and the Corpus Christi Building Code.
Wind Energy System Ordinance 10152009b
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27D -3.7 Setbacks.
(A) All required setbacks are measured from the property line or utility
easement, if present and applicable, and subject to Section 27D-
4.4.
(B) If an Applicant is able to present evidence that the proposed wind
energy system has been engineered with a break -point along the
tower, the City may determine that the measurement of the length
of the longest segment following a break at the break -point can be
used in determining the fall radius and setback.
27D -3.8 Controls and brakes. All wind energy units must have automatic and
manual braking systems, that engage at the maximum wind speeds
allowable as designated for the type of wind energy unit installed, to
prevent uncontrolled rotation and excessive pressure on the tower
structure, rotor blades, turbine components, or supporting and mounting
structures.
27D -3.9 Maintenance. The owner and operator of a wind energy unit must
maintain the unit to manufacturer standards. All required periodic
maintenance must be performed as recommended by the manufacturer.
27D -3.10 Appearance. All wind energy units must maintain a non - reflective finish.
27D -3.11 Signs. Advertising or identification of any kind on wind energy conversion
units is prohibited.
27D -3.•2 Wiring.
(A) Storage. All electrical wires associated with a freestanding wind
energy conversion unit must be located on or within the tower or
supporting structure in a manner that minimizes their visibility, and
must be installed in compliance with the Corpus Christi Electrical
Code.
(B) Installation. All transmission wires must be installed underground
and comply with the City of Corpus Christi's Electrical Code.
27D -3.13 Lighting. Wind energy units may not be artificially lighted, unless
requested or required by the Federal Aviation Administration.
27D -3.14 Restrictive Covenants and Easements. Wind energy units may not be
located in violation of any restrictive covenants and private restrictions on
the properties where they are located.
27D -3.15 Flood Elevations. All electrical and mechanical equipment associated
with a wind energy unit must meet the Base Flood Elevation requirements
Wind Energy System Ordinance 10152009b
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Page 7 of 22
of the "Flood Hazard Prevention Code" under the City's Chapter 14,
Development Services Code.
27D-4 Uses, Lot Size Allowances, Heights, Setbacks, and Required Permits.
27D -4.1 Permitted Use /By Right.
(A) All applications for wind energy units as a Permitted /By Right use
are subject to permit review and the requirements of Sections 27D-
2, 27D -3, 27 -D4.1, 27D -4.3, 27D -4.4, 27D -5, 27D -6, 27D -7, 27D -8,
and 27D -9.
(B) Wind energy units are allowed as an accessory use to a building or
structure requiring energy, and as a Permitted/By-Right use on
platted Tots as follows:
1) Single- Family, Two - Family, and Townhouse Residential Use
Districts. The following standards apply to the single - family,
two- family, and townhouse residential uses in zoning
districts RE. RA, R -1A, R -1 B, R -1C, R -TH, R -2, A -1, A -1A,
A -2, AB, B -1, B -1A, B -2, B -2A, B-4, or BD:
a) One building or structurally- mounted unit is permitted
for every 1,500 sq. ft. of a building requiring energy,
not to exceed a height of 15 feet above the highest
point of the structure, excluding chimneys, with a fall
radius that falls within the property lines.
b) In addition to building or structurally- mounted units,
one small free - standing unit is permitted on any lot
originally platted as one acre (43,560 sq. ft.) in size or
greater, the total unit height of which may not exceed
55 feet above the natural grade, with a fall radius that
falls within the property lines.
2) Multiple - family Residential Use Districts. The following
standards apply to the multiple - family residential uses in
zoning districts A -1, A -1A, A -2, AT, AB, B -1, B -1A, B -2, B-
2A, B-4, or BD:
a) One building or structurally- mounted unit is permitted
Wind Energy System Ordinance 10152009b
for every 20,000 sq. ft. of a building requiring energy,
not to exceed a height of 15 feet above the highest
point of the structure, excluding chimneys, with a fall
radius that falls within the property lines, and clears all
other structures onsite.
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Page 8 of 22
b) In addition to building or structurally- mounted units,
one small free - standing unit is permitted on a platted
lot, the total unit height of which may not exceed 55
feet above the natural grade, with a fall radius that
falls within the property lines, and clears all other
structures onsite.
3) Neighborhood Business and Light - Industrial Use Districts.
The following standards apply to the neighborhood business
and light- industrial uses in zoning districts AB, B -1, B -1A, B-
2, B -2A, B -3, 1 -1, or 1 -2:
a) One building or structurally- mounted unit is permitted
for every 20,000 sq. ft. of a building requiring energy,
not to exceed a height of 15 feet above the highest
point of the structure, excluding chimneys, with a fall
radius that falls within the property lines, and clears all
other structures onsite.
b) In addition to building or structurally- mounted units,
one small free - standing unit is permitted on a platted
lot, the total unit height of which may not exceed 55
feet above the natural grade, with a fall radius that
falls within the property lines, and clears all other
structures onsite.
4) Primary Business and Heavy- Industrial Use Districts. The
following standards apply to the general business, heavy-
industrial, and agricultural uses in zoning districts B-4, B -5,
B -6. or 1 -3:
a) One building or structurally- mounted unit is permitted
for every 20,000 sa. ft. of a building requiring energy,
not to exceed a height of 35 feet above the highest
point of the structure, excluding chimneys, with a fall
radius that falls within the property lines, and clears all
other structures onsite.
b) In addition to building or structurally- mounted units,
Wind Energy System Ordinance 10152009b
one small free - standing unit is permitted on a platted
lot, the total unit height of which may not exceed 85
feet above the natural grade, with a fall radius that
falls within the property lines, and clears all other
structures onsite.
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5) Agricultural Use Districts. The following standards apply to
the agricultural uses in zoning district F -R:
a) One building or structurally- mounted unit is permitted
for every 1,500 sq. ft. of a building requiring energy,
not to exceed a height of 35 feet above the highest
point of the structure, excluding chimneys, with a fall
radius that falls within the property lines, and clears all
other structures onsite. Each building that is at least
1,500 sq. feet that requires energy may have a
building or structurally- mounted unit.
b) In addition to building or structurally- mounted units,
two small free - standing units are permitted on a
platted lot, the total unit height of which may not
exceed 85 feet above the natural grade, with a fall
radius that falls within the property lines, and clears all
other structures onsite.
27D -4.2 Special Use Exception Permit.
(A) All applications for wind energy units under a Special Use
Exception Permit are subject to permit review and the requirements
of Sections 27D -2, 27D -3, 27 -D4.2, 27D -4.3, 27D -4.4, 27D -5,
27D -6, 27D -7, 27D -8, 27D -9, and 29 -3.13. The Zoning Board of
Adjustment shall apply the following additional standards during
their review:
(B) All Special Use Exception Permits issued for a wind energy unit are
for the life of the system, and with the exception of the replacement
of parts for the repair of an existing unit, any replacement in the
model, height, or power output of the unit requires an amendment
to the existing Special Use Exception Permit.
(C) Wind energy units, which are in addition to any wind energy units
allowed by right under 27D -4.1, are allowed as an accessory use to
a building requiring energy on platted lots under a Special Use
Exception Permit as follows:
1) Single- Family, Two - Family, and Townhouse Residential
Use Districts. One small free - standing unit is permitted on
any lot platted as Tess than one acre (43,560 sq. ft.) in size,
provided that the total unit height may not exceed 55 feet
above the natural grade and the unit will fall within the
property lines, in the followinq_zoninq districts RE, RA, R -1A,
,R -1 B, R -1 C, R -TH, R -2, A- 1,_A -1A, A -2, AB, B -1, B -1A, B -2,
Wind Energy System Ordinance 10152009b
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Page 10 of 22
B -2A, B-4, or BD, when the property is being used for single -
family, two- family, or townhouse residential uses.
2) Multiple - family Residential, Neighborhood Business,
and Light- Industrial Use Districts. One medium free -
standing unit is permitted on any lot platted as four or more
acres in size, provided that the total unit height may not
exceed 55 feet above the natural grade and the unit will fall
within the property lines, in the following zoning districts A -1,
A -1A, A -2, AT, AB, B -1, B -1A, B -2, B -2A, B -3, BD, 1 -1, or 1 -2,
when the property is used for multiple- family residential
uses, neighborhood business, and Tight- industrial uses.
3) Primary Business and Heavy Industrial Use Districts.
One medium free- standingunit is permitted on any lot
platted as four or more acres in size, provided that the total
unit height may not exceed 85 feet above the natural grade
and the unit will fall within the property lines, in the following
zoning districts B-4, B -5, B -6, or 1 -3, when the property is
used for general business or heavy - industrial uses.
4) Agricultural Use Districts. Two medium free - standing
units are permitted on any lot platted, provided that the total .
unit height may not exceed 85 feet above the natural grade
and the unit will fall within the property lines, in the following
zoning districts F -R, when the property is used for
agricultural uses.
27D -4.3 Additional Unit Allowances. Additional wind energy units are permitted
on platted Tots in the districts listed below through the Special Use
Exception permitting process. The Zoning Board of Adiustment shall
apply the following additional standards during their review:
(A)
Requests for additional small or medium wind energy units
on a site above what is permitted in Sections 27D -4.1 and
27D -4.2 above, can be considered as an accessory use by
the City's Zoning Board of Adjustment in the:
1) F -R, B -5, B -6, and 1 -3 Zoning Districts.
2) A Planned Unit Development (PUD) with at least four
acres. The Assistant City Manager, Development
Services, or designee, shall submit a
recommendation on whether the application is
consistent with the plans for the PUD.
3) A platted development with at least four acres of
common areas, subject to the standards established
Wind Energy System Ordinance 10152009b
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(B)
(C)
Page 11 of 22
for the uses and underlying zoning districts under
Sections 27D -4.1 and 27D -4.2.
For all requests made for additional units for the uses and
the zoning districts listed under this section, the applicant
must be able to show that the additional unit or units are
required to power the buildings or facilities that the additional
units are being requested for, and the energy production of
the additional units does not exceed the building or facility
electrical power demand onsite by more than 50% of the
peak annual demand.
Additional units can be approved for these districts, at a ratio
of one additional small or medium unit for every additional
four acres.
(D) Additional units granted by the Board of Adjustments must
meet the standards of this Article, and the review standards
of Section 29 -3.13.
27D -4.4 Additional Setbacks, Clearance, and Height Requirements. All wind
energy units must be located under the following setback and clearance
requirements, measured from the center of the supporting structure base:
(A) Yards. No wind energy unit may be located in any required front
yard, located between a principal building and a required front yard,
or located in front of the front building line of the principal
residential, commercial, agricultural, rural, or industrial building on
the lot served by the wind energy unit.
(B) Horizontal Clearance. If more than one wind energy unit is
located on multiple adjacent lots, the distance between multiple
wind energy units may not be Tess than 100% of the total unit height
of the highest unit, and for horizontal axis units, measured from the
tip of the adjacent wind energy unit rotor blade in the horizontal
position.
(C) Vertical Ground Clearance. The blade tip of any wind energy unit
at its lowest point, must have a ground clearance of no less than 12
feet for a vertical axis wind energy unit, and 25 feet for a horizontal
axis wind energy unit, as measured at the lowest point of the
turbine unit for a vertical axis unit, or lowest point of the arc of the
blades for a horizontal axis unit.
(D) Communication and Electrical Lines. Each wind energy unit
must be set back a minimum distance of 100% of the total unit
height from any right -of -way, or public or private easement where
Wind Energy System Ordinance 10152009b
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Page 12 of 22
above ground structures or utility lines exist, or are likely to exist,
without proof of the lawful consent of the easement owners.
(E) Professional Engineer Certification. The maximum height of any
structurally- mounted or freestanding wind energy unit will be
dependent upon the results of the structural engineering plans,
performed by a registered Texas State Engineer.
(F) All Maximum Heights. Maximum heights for all wind energy units
may not exceed the manufacturer's height recommendations for the
unit.
27D -5 Prohibitions and Nuisance Abatement.
(A) Prohibited Models. The following wind energy units are prohibited
in all zoning districts:
(1) Guyed or latticed towers for small, or medium wind energy
units:
(2) Experimental, homebuilt, prototype models, or any model not
listed on the City's list of approved manufacturers and
models.
fB) Signal Interference.
(1) Prevention. The manufacturer or wind energy unit
representative must take into consideration the proposed
location of the wind energy unit and certify that the siting of
the wind energy unit will not interfere with any of the
following:
(a) Existinq microwave communications links.
(b) Existing fixed broadcast, retransmission, or reception
antenna (including residential reception antenna) for
radio, television, wireless phone, or other personal
communication systems.
(c) Military or civil navigational or defense radar signals.
(2) Military Base Facilities. Wind energy units are prohibited
in areas deemed critical as navigational and defense radar
sensitive areas by any military facility or installation.
(3) Mitigation. Operation of wind energy units must be
discontinued if such interference occurs after the
Wind Energy System Ordinance 10152009b
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Page 13 of 22
construction, until such time as the interference is mitigated
for or eliminated.
(D) Sound Emissions.
(1) The sound levels emitted by all wind energy units at all the
neighboring property lines may not exceed the sound levels,
or be in violation of, any of the standards established under
the City's Chapter 31 "Noise" Ordinance.
(2) Sound Level Complaints. All noise nuisance complaints will
be processed by the City in accordance with the standards
and requirements of the City's Chapter 31 "Noise" Ordinance
and may require the owner of the wind energy unit to cease
operation of the unit until the complaint has been resolved
and the unit has been brought into compliance.
(E) Security.
(1) Ground Clearance. The bottom of a freestanding tower or
mounting structure, measured from ground level to 15 feet
above ground level, must be designed in a manner to
discourage unauthorized climbing.
(2) Access. All access doors to wind turbine towers and
electrical equipment must be lockable.
(F) Enforcement.
(1) Safety. Any wind energy unit found to be unsafe by the
local Building Official must be repaired by the owner within
60 days of the Building Official's notice to meet Federal,
State, Local and manufacturer safety standards, and the
standards of this section.
(2) Notice. If any wind energy unit is not operated for at least a
continuous period of 6 months due to operational difficulties
or abandonment, the landowner shall provide the City the
reasons for the operational difficulty or abandonment and
provide a reasonable timetable for corrective action, or
removal of the wind energy unit as outlined under Section
27D -7.
(3) Resolution. If the Assistant City Manager, Development
Services or designee deems the timetable for corrective
action as unreasonable, the Assistant City Manager,
DeveFopment Services or designee,_mav notify the
landowner or operator, who shall remove the wind energy
Wind Energy System Ordinance 10152009b
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Page 14 of 22
unit within 6 months of receipt of notice from the Assistant
City Manager Development Services or the designee.
27D -6 A • enc Coo • eration Review and Com • liance. All • ro • osed wind
energy units are subiect to the following agency reviews during the siting,
application, site plan review, and permitting processes:
(A) Federal Aviation Administration (F.A.A.) Requirements. All
proposed wind energy units are subject to the F.A.A.'s
requirements.
B Naval Air Station NAS & Milita Bases and Air • arts. Wind
energy units proposed within military Accident Potential Zones, Air
Installation Compatibility Use Zones, or that may interfere with
military or civilian Navaid or defense radar systems will require
review by the Federal Aviation Administration.
(C) State and Federally Protected Species and Wetlands. All
proposed wind energy units are subject to review by State and
Federal agencies responsible for the protection of listed species,
migratory bird species, wetlands, and state waters. Permit review
may require proof of consultation with jurisdictional agencies and
additional biological assessments may have to be performed on the
proposed site if it is determined by the reviewing agencv that
protected species are likely to be impacted on the site.
(1) Sanctuaries. Any wind energy unit proposed within one
mile from designated Bird Sanctuaries, Preserves, Wildlife
State or Federal Parks, or Wildlife Resource or Management
Areas, require consultation and review by the Texas Parks
and Wildlife Department and the U.S. Fish and Wildlife .
Service and may require mitigation or permitting measures
by the applicant.
(2) Protected Species. Any wind energy unit proposed within
an area inhabited by a protected species or their associated
rookeries, leks, breeding, or foraging grounds, require
consultation and review by the Texas Parks and Wildlife
Department and the U.S. Fish and Wildlife Service and may
require mitigation or permitting measures by the applicant.
(3) Wetlands. Wind energy units proposed within the
boundaries of any jurisdictional wetlands /waters require
consultation and review by the Army Corp of Engineers and
the Texas General Land Office.
(4) Utility Notification. No wind energy unit that has the ability
to be connected to a power grid may be installed until the
Wind Energy System Ordinance 10152009b
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Page 15 of 22
applicant has provided evidence of compliance with all State
laws and provides a copy of the "Application for
Interconnection and Parallel Operation of Distributed
Generation ", as may be amended or replaced in the future,
that has been fully executed and approved by the electric
utility company.
(5) Permit Issuance. The applicant must show consideration
of, and proof of compliance with these agencies if required,
prior to receiving a Building Permit, Electrical Permit, or
Special Use Exception Permit for the wind energy unit from
the City.
27D -7 Decommissioning.
27D -7.1
27D -7.2
27D -7.3
Useful Life. The wind energy unit is presumed to be at the end of its
useful life if no electricity is generated for a continuous period of 6 months.
Responsibility. The property owner or operator shall, at their sole
expense, complete decommissioning of the wind energy unit within 6
months from the time it is determined that the wind energy unit has met
the end of its useful life as outlined in 27D -7(A).
Required Action. Decommissioning must include removal of the entire
wind energy unit, including buildings, cabling, electrical components, and
any other associated facilities.
27D -7.4 Remediation. Disturbed earth must be graded and re- seeded.
27D -8 Application Requirements.
27D -8.1
An application for approval of a wind energy unit must include plans and
specifications sufficient to show that the proposed wind energy unit
complies with the standards under this article. An application may not be
deemed complete unless it includes the following items:
(A) Permit Application: Original signatures are required for the
applicant and all co- applicants applying for the Special Use
Exception Permit, Building Permit, and Electrical Permit. If the
applicant or co- applicant is represented by an agent, the original
signature of the property owner authorizing the agent to represent
the applicant and /or co- applicant is required. The following
information must be included on the application under the project
description:
(1) An estimate of the total on -site electrical demands and the
approximate generating capacity of the wind energy unit.
Wind Energy System Ordinance 10152009b —184—
Page 16 of 22
(2) The name of the certified manufacturer and model proposed
for use from the City's list of certified manufacturers and
models.
(3) The height of the wind energy unit to be constructed.
(4) The phone number and name of a responsible person for the
public to contact with inquiries and complaints throughout
the life of the proiect.
(B) Site Plan. Two copies of a site plan submitted for a small or
medium wind energy unit submitted on a minimum size of 8W X
14" sheets, with the requirement that all of the submittal
requirements listed under this section are included on additional
site plan sheets. The site plan must include the following
information:
(1) Legal description, including lot and block, metes and
bounds, and address of the project site.
(2) Adjacent land uses and zoning designations.
(3) The locations of all easements, rights -of -way, building, front,
side, and rear zoning lot setback lines, locations of all
existing buildings, fences, and overhead utility lines on the
property.
(4) The exact location and orientation of each wind energy unit
within the site and the direction of the prevailing winds.
(C) System Design Drawings. Certified and sealed engineered
drawings prepared by a professional Engineer registered in the
State of Texas are required, and must include the following
information:
(1) Engineering design specifications of the wind energy unit,
including the tower and supporting structure, base, footings,
and the unit components, showing compliance with the City's
Building Code.
(2) Drawings that indicate the total finished wind energy unit
heights from the grade level prior to any modifications,
including any engineered break points along the tower.
(3) The wind survival speed of the entire unit and supporting
structure, including turbine, rotor blades, covers, and other
components.
Wind Energy System Ordinance 10152009b
—185—
Page 17 of 22
(4) Data pertaining to the tower or supporting structure's safety
and stability, including any safety results from test facilities.
(5) A copy of the manufacturer's installation instructions.
(6) Building or Structurally- Mounted Systems.
(a) The certified and sealed engineering plans prepared
by a professional Engineer registered in the State of
Texas must show how the wind energy unit will be
installed for the portions of the structure proposed for
use in the mounting of the unit.
(b) The engineering plans must state and show that the
proposed wind energy unit is compatible with the
portions of the mounting structure proposed for use.
(D) Written Statements and Additional Documentation. In addition
to the site plan, applications for all wind energy units must include
proof of the following in the form of written statements:
(1) A statement verifying that the small or medium wind energy
conversion unit will be used solely for on -site consumption of
electricity, and any additional energy produced above the
total onsite demand can only be sold to an electrical utility
that normally provides electrical power to the property.
(2) A statement indicating what safety precautions and
emergency plan the applicant proposes to utilize in a storm
event greater than Category I (74 mph winds).
(3) A statement from any architectural review board, property
owners', or homeowners' association that the proposed unit
complies with association requirements and restrictions if
applicable.
(4) A statement that the proiect site is, or is not, within a
protected area surrounding an airport or air installation
where air traffic may be a consideration affecting the
installation of the unit, if required. (The applicant shall
provide evidence of compliance with any applicable aviation
regulatory requirements).
(5) Copies of any City, State, Federal, or Military reviews,
permits, licenses, biological opinions,
biological /environmental assessments, records of decision,
memoranda of understanding, exemption, variance, or other
Wind Energy System Ordinance 10152009b
—186—
Page 18 of 22
authorization or approval related to the proposed wind
energy project, if required.
(6) Copy of the manufacturer's scheduled maintenance
requirements for the proposed unit.
(E) Grid -tied systems. For wind energy units that will be connected to
an electrical grid, a copy of the fully executed "Application for
Interconnection and Parallel Operation of Distributed Generation" is
required, as described in 27D- 6(C)(4) above, approved by the
electric utility service provider that serves the proposed site
indicating that the applicant has been approved for the installation
of a wind energy conversion unit.
27D -9 Review Standards.
27D -9.1 The applicant's submittal for a Building Permit, Electrical Permit, and
Special Use Exception Permit must demonstrate compliance with the
following standards under this section, in addition to the Special Use
Exception Permit review standards under Section 29- 3.13(C)(3).
(A) Public Safety. The proposed wind energy unit must be designed
and operated to protect public safety by measures that may
include, but are not limited to, the following:
(1) The proposed wind energy unit must be designed,
constructed, and operated so the public cannot come within
close proximity to turbine blades and electrical equipment.
(2) The proposed wind energy unit must be designed, sited,
constructed, operated, and maintained to prevent the
structural failure of the system or blades that could endanger
the public's safety.
(B) Other Properties. The wind energy unit may not adversely affect
the uses of adjoining and adjacent properties.
(C) State, Federal, Military, and Civil Requirements. The proposed
wind energv unit has been designed, sited, and will operate in
compliance with the regulations, codes, statutes, and laws of all
Local Government, Military, State, and Federal agencies.
SECTION 3. Section 29 -3.13, Corpus Christi Zoning Ordinance is revised to read as
follows:
Wind Energy System Ordinance 10152009b
-187—
Page 19 of 22
every one and a lhatf (1 Y2) acr=es of property.
them hl o.
at the ba a of the structure
_ - - _ 1 •I! e! _ I _
29 -3.13 Wind Energy Conversion Units. The review process for a Special Use
Exception for a wind energy unit is as follows:
(A) Concurrent Site Plan Submittal.
(1) The application for a Special Use Exception for a wind
energy unit must include a site plan as outlined under
Section 27D -8.1.
(2) The Board of Adjustment may not approve, approve with
conditions, or deny a Special Use Exception application until
after the site plan has been reviewed by the City's
Development Services Department.
Wind Energy System Ordinance 10152009b
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Page 20 of 22
(B) Development Services Review.
(1) The City's Development Services Department must review
the application and, considering the review criteria under this
article, make a recommendation to the Board of Adjustment.
(2) The Assistant City Manager, Development Services or
designee shall be responsible for making a recommendation
in the event an agreement on a recommendation from the
development review committee cannot be reached.
(C) Board of Adjustment Action.
(1) The Board of Adjustment must take final action on the
Special Use Exception for a wind energy unit within 45 days
from the date the recommendation of the Director of
Development Services is made.
(2) In the event the Board of Adjustment fails to act within 45
days, the application for the Special Use Exception for a
wind energy unit shall be deemed, in all things, denied.
(3) Review Standards for a Wind Energy Unit Special Use
Exception. In determining whether to approve, approve with
conditions, or disapprove a Special Use Exception for a wind
energy unit, the Board of Adiustment must consider and
make a specific finding on each of the following criteria:
(a) The use conforms in all respects to the regulations
and standards found in the City's Zoning and Platting
Ordinances.
(b) The impact of the use on public infrastructure, such
as roads, natural gas, water, storm water, and
wastewater systems, and on public services, such as
police and fire protection and solid waste collection,
can be minimized without negatively impacting
existing uses in the area and in the City.
(c) The physical appearance, hours of operation, and
Wind Energy System Ordinance 10152009b
conduct of the use does not generate excessive
noise, dust, smoke, glare, spillover lighting, or other
forms of environmental or visual pollution, or
otherwise detrimentally affect the residential character
of the area or adjacent areas.
—189—
Page 21 of 22
(d) The use takes adequate measures to control or
eliminate smoke, dust, gas, glare, hazardous
materials, noise, or vibration caused by operations.
(e) The use complements and is compatible with the
surrounding uses and community facilities.
(f) The use does not substantially affect adversely the
uses of adjacent and neighboring property.
(q) The use is not detrimental to the public's health,
safety, or general welfare.
SECTION 4. That the Corpus Christi Zoning Ordinance, approved on the 27th day of
August, 1973, as amended from time to time, except as changed by this ordinance and
any other ordinances adopted on this date, remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Corpus Christi Zoning
Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive
Plan is amended to conform to the Corpus Christi Zoning Ordinance, as amended by
this ordinance.
SECTION 6. That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION 7. 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 may 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 8. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning
Ordinance.
SECTION 9. 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 10. This Ordinance shall take effect upon and after publication of this
Ordinance.
Wind Energy System Ordinance 10152009b
—190—
Page 22 of 22
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
City Secretary
Joe Adame
Mayor
APPROVED: �7 / day of October, 2009:
R. Ja a R1ng
First Assistant City ttorney
For City Attorney
Wind Energy System Ordinance 10152009b
—191—
17
CITY COUNCIL
AGENDA MEMORANDUM
SUBJECT:
Funding recommendations for FY2010 Corpus Christi Business and Job Development Corporation
Affordable Housing Program.
AGENDA ITEM:
A. Resolution authorizing the Corpus Christi Business and Job Development Corporation to execute an
affordable housing project agreement with Nueces County Community Action Agency, in the amount
of $100,000,for the acquisition, rehabilitation, and resale of affordable existing homes, and authorizing
the City Manager, or designee, to execute an affordable housing project administration agreement
with the Corpus Christi Business and Job Development Corporation regarding implementation and
administration of the affordable housing project agreement between Corporation and Nueces County
Community Action Agency for the acquisition, rehabilitation, and resale of affordable existing homes.
B. Resolution authorizing the Corpus Christi Business and Job Development Corporation to execute an
affordable housing project agreement with Habitat for Humanity — Corpus Christi, Inc., in the amount
of $150,000, for construction of four new homes, and authorizing the City Manager, or designee, to
execute an affordable housing project administration agreement with the Corpus Christi Business and
Job Development Corporation regarding implementation and administration of the affordable housing
project agreement between Corporation and Habitat for Humanity — Corpus Christi, Inc. for
construction of four new homes.
ISSUE:
The City of Corpus Christi published a request for proposals for Type A Single - Family Affordable
Housing Projects on May 4, 2009 with a deadline of May 29, 2009. The City of Corpus Christi
received seven (7) proposals.
Under the 2009 -2010 Request for Proposals (RFP) an organization had the option of submitting a
proposal(s) in the form of a grant or loan under any one (1) or all of the six (6) categories: Land
Acquisition; Homebuyer Assistance; Infrastructure Development Construction /Development
Requirements (Infill Housing); Green Building Concepts; and other.
Additionally, in order to be considered a responsive proposal, the applicant must have submitted
their proposal in a format to include: a transmittal letter, a brief list of qualifications and experience; a
narrative of capabilities; RFP acknowledgement form; a project proposal narrative; and a disclosure
of interests form.
A pre - proposal conference was held on May 14, 2009 in the City Hall, City Council Chambers to
review the requirements of the RFP, the application process, and answer any related questions by
the applying organizations.
The first phase of the evaluation included the review of all seven (7) proposals by an ad hoc Type A
Affordable Housing Proposal Evaluation Committee consisting of representatives from four (4) City
departments. Each proposal was reviewed for application of the adopted Type A Affordable
Housing Program Goals and Strategies. All of the proposals submitted met one or more of these
goals.
—195—
The final evaluation and rating of the proposals was based on the following criteria:
Experience, maximum value 25 %;
Leveraging of other funds with Type A funds, maximum value 25 %;
Number of households to be assisted, maximum value 30 %;
Dollar amount of assistance provided each household, maximum value 10 %; and
Time frame for project, maximum value 10 %.
On July 20, 2009, a presentation and funding recommendations were made by City staff to the
Corpus Christi Business and Job Development Corporation (Type A Board) with the final action
taken on September 30, 2009.
FUNDING RECOMMENDATIONS:
City staff recommended the funding of two (2) projects in the total amount of $250,000 for the Type
A 2009 -2010 Affordable Housing Program:
1.
2.
3.
4.
5.
6.
7.
Catholic Charities of Corpus Christi
Uptown Business/Allen Coleman
Extreme Homes of Texas
Vanguard Hall Consulting Firm, Inc.
Laguna Madre Construction
Habitat for Humanity- Corpus Christi
Nueces County Community Action Agency
Other -
Education, Counseling
Land Acquisition/ Other -
New Construction
Home Buyer Assistance
Land Acquisition
Other- Homebuyer Credit
Advancement
Land Acquisition
Other -
New Construction
Acquisition
Other- Rehabilitation,
Resale
$60,000
(Grant)
$450,000
(Grant)
$250,000 -
$500 -000
(Grant)
$150,000
$25,000
(Grant)
$250,000
(Grant)
$160,000
(Grant)
$100,000
(Grant)
$o
$0
$0
$0
$0
$150,000
(Grant)
(4 homes at
$40,000 each)
$100,000
(Grant)
The Type A Board tabled the funding recommendations during the July 20, 2009 meeting until the
August, 2009 meeting.
During the August, 2009 meeting, the Board recommended the award of $100,000 to the Nueces
County Community Action Agency for the Rehabilitation Resale Project. The Board requested that
staff provide a recommendation by the September, 2009 meeting for the remaining $150,000.
An intemal meeting was conducted and after careful consideration, two (2) options were identified:
-196-
1) Award Habitat for Humanity- Corpus Christi, Inc. the balance of $150,000, providing
assistance to construct four (4) new homes at $37,500 each.
2) Award Habitat for Humanity- Corpus Christi, Inc. $80,000 to construct (4) new homes at
$20,000 each. The remaining balance of $70,000 would then be re- programmed to the
Type A fund for future allocation.
Staff recommended that Habitat for Humanity be awarded the remaining $150,000 because they
have been successful in assisting families in the low to very low income range.
As a result of the Type A Board action, in September, 2009, listed below is the recommendation as
part of this agenda:
Organization
Category
Amount Requested
Amount Approved
Nueces County
Community Action
Agency
Acquisition
Other - Rehabilitation
Resale
$100,000
(Grant)
$100,000
Habitat for Humanity
Other -New Construction
$160,000
(Grant)
$150,000
4 homes - $37,500
RECOMMENDATIONS OVERVIEW:
The proposed recommendations for the FY2009 -2010 Affordable Housing Program accomplish and
provide for the following:
• Meet the requirements as outlined in the Request for Proposals as developed and approved
by City staff and the Type A Board.
• Satisfy the Goals and Strategies adopted by the Type A Board for the Affordable Housing
Program with the desired results to increase affordable housing opportunities for stable
families to live in quality housing on a long -term basis.
REQUIRED COUNCIL ACTION:
The funding recommendations for the Corpus Christi Business and Job Development Corporation's
Affordable Housing Projects for FY2009 -2010 require the approval of the City Council for all Type A
programs and expenditures as established by Section 21 of Article 5190.6 Texas Revised Civil
Statues.
PREVIOUS COUNCIL ACTION:
City Council approved Type A Affordable Housing Programs on August 12, 2008.
CONCLUSION AND RECOMMENDATION:
City staff recommends the City Council's approval of the FY2009 -2010 Affordable Housing Projects
as recommended by the Corpus Christi Business and Job Development Corporation.
Respectfully submitted,
4let*
Eddie Ortega
Director
Neighborhood Services Department
361.826.3234
eddieo(cctexas.com
Atat er liet4,10
Margie C. Rose
Assistant City Manager
Community Services
361.826.3232
marQier cctexas.com
ATTACHMENTS:
• Summary of the 7 proposed affordable housing projects submitted and recommendations for
funding.
Corpus Christi Business and Job Development Corporation
Affordable Housing Projects — 2009 -2010 Program
Project Summary
The following summaries represent the original proposals by each organization:
1. Catholic Charities
Category:
Amount Requested:
Amount Recommended:
Funding Leverage:
Number of Households
Assisted:
Time Frame:
of Corpus Christi, Inc.
Other- Education, Counseling
$60,000 (Grant)
$0
Type A funds will be leveraged with $42,000 in HUD /Catholic
Charities USA funds, $15,000 from the Diocese of Corpus Christi
Subsidy and $22,000 in private and public donations.
300 clients in English; 40 clients in Spanish
12 Months
Project Brief: Catholic Charities of Corpus Christi requests Type A funds in the
amount of $60,000 in the form of a grant to provide homeownership education, financial literacy,
guidance, and one -on -one counseling to families and/or individuals through the City of Corpus
Christi with an emphasis on foreclosure prevention and mortgage delinquencies by offering
workshops, one -on -one counseling, advocating to lenders for better terms and better loan products.
Catholic Charities proposes to utilize the Type A funds to add one additional Housing Counselor for
one year. This program provides services to low and moderate income families including those
living about a 100% of the Federal Poverty Guideline.
Proposed Budget
Amount
expenses .... lk—..
Salaries and Benefits
One additional counselor
$27,500
Direct total financial assistance per
household $88.24
Homebuyer Education, Financial Literacy,
Face -to -face counseling, credit report fees
and credit counseling
$30,000
Education materials per household
$7.35
Books, videos, software
$2,500
Total Expenses
$60,000
2. Uptown Business
Category:
Amount Requested:
Amount Recommended:
Funding Leverage:
Number of Households
Assisted:
Time Frame:
Services, LLC / Allen Coleman, General Contractor
Land Acquisition, Other- New Construction
$450,000 (Grant)
$0
Company Funds (Amount not specified)
Four (4)
16 months
—199—
Project Brief: Uptown Business Services, LCC is proposing a joint venture with
Allen Coleman, General Contractor, to develop and construct four (4) single family homes in the
City of Corpus Christi. A staggered commencement schedule would be implemented. This proposal
is based on the assumption that funds would be available in a series of draws, based on pre-
determined milestones with the City of Corpus Christi holding title and determining at completion,
the best way to make the property available to its citizens (i.e., lottery, rental, provide financing or
turning the property over to Neighborhood Services Department).
3. Extreme Homes of Texas
Category: Homebuyer Assistance
Amount Requested: up to $500,000 (Grant)
Amount Recommended: $0
Funding Leverage: Not specified
Number of Households
Assisted: Up to 30 Households provided with $15,000 to $20,000
Time Frame: Not specified
Project Brief: Extreme Homes is requesting grant up to $500,000 to assist families
with $15,000 to $20,000, through a zero percent deferred forgivable loan, to buy down the purchase
price and assist with closing costs of a newly constructed home. The homes will be located in the
Maple Hills Subdivision at McKenzie and Up River Road. Extreme Homes currently owns the entire
subdivision. The first phase of development has 62 lots with 25 sold or under construction. The
remaining lots are available for this project.
4. Vanguard Hall Consulting Firm, Inc.
Category: Land Acquisition
Other- Homebuyer Credit Advancement
Amount Requested: $150,000 (Grant)
$25,000 (Grant)
$0
Vanguard Hall would leverage private funds
(amount not specified)
Amount Recommended:
Funding Leverage:
Number of Households
Assisted:
Time Frame:
Create six (6) lots (Land Acquisition)
More than 30 families (Homebuyer Credit Advancement)
12 months
Project Brief: Vanguard Hall is requesting a grant in the amount of $150,000 to
acquire land for the purpose of creating sustainable Energy Efficient/ Green Affordable Single
Family homes. Four floor plans are available with 1200 -1250 square feet and a sales price of
$95,000. The current purchase price of the land is $150,000 and is located in Barcelona Estates.
Vanguard Hall is requesting a grant in the amount of $25,000 to assist a minimum of 30 families
through the Homebuyer Credit Advancement Program. Credit Advancement works along side the
lending underwriters who can identify an incorrect reporting of a trade that impacts the overall credit
scoring model. The program transforms potential buyers within a shorter time frame than traditional
credit repair programs. It works to prevent possible fall out, foreclosure and an over extension of
debt.
5. Laguna Madre Construction
Category: Land Acquisition
Amount Requested: $250,000 (Grant)
Amount Recommended: $0
Funding Leverage: Laguna Madre Construction will leverage with private funds (amount
not specified)
Number of Households
Assisted: Create 10 lots
Time Frame: 12 to 24 months
Project Brief: Laguna Madre Construction requests a $250,000 grant to acquire land,
creating 10 lots, for the purpose of constructing Energy Star Affordable Housing. Four floor plans
are available which include 1150 -1250 square feet and will be offered at a sales price of $95,000 to
$105,000.
6. Habitat for Humanity- Corpus Christi, Inc.
Category: Other- New Construction
Amount Requested: $160,000 (Grant)
Amount Recommended: $150,000 (Grant) ($37,500 for 4 homes)
Funding Leverage: Habitat for Humanity proposes to leverage the Type A funds with
community donations and the home owner's monthly payments.
Number of Households
Assisted: 4 Households to be assisted
Time Frame: 12 months
Project Brief: Habitat for Humanity - Corpus Christi requests funding in the amount of
$160,000 in the form of a grant for the new construction of four (4) homes over a one -year period.
This request would provide $40,000 for construction of each of the four households.. Each house
constructed will be approximately 1,200 square feet depending on family size. The number of
bedrooms will be from two to three, and the number of bathrooms from one to two depending on the
family needs. The cost of each house will range from $68,000 to $72,000. The houses are to be built
in the City of Corpus Christi Model Block Program area.
7. Nueces County Community Action Agency ( NCCAA)
Category: Other- Acquisition, Rehabilitation & Resale
Amount Requested: $100,000 (Grant)
Amount Recommended: $100,000 (Grant)
Funding Leverage: NCCAA proposes Type A funds will be leveraged with in -house
capital funds. The availability is contingent on other affordable
housing projects NCCAA has underway.
Number of Households
Assisted: Undetermined
Time Frame: Revolving Fund
Project Brief: NCCAA proposes to acquire properties and rehabilitate to meet or
exceed current construction standards, energy efficiency and ultimately provide the low to moderate
income homebuyer an opportunity to purchase a quality home. With the change in the housing
—201—
market, NCCAA is proposing to take a new direction from their previous large scale projects and
capitalize on the current availability of Bank Real Estate Owned foreclosed properties. NCCAA is
requesting $100,000 for acquisition, rehabilitation and resale of single family homes in Corpus
Christi to households at 80% or below the area median income. The funds will be used as a revolving
fund for Acquisition/Rehab /Resale only. Funds will never diminish and will perpetuate, repeating the
cycle and will continue to serve the community for years to come. The funds will be leveraged with
in -house capital funds based on availability. Generally, the project will be accomplished in four
steps:
1. Identify Property, Feasibility Analysis, Submit Offer on Property
2. Rehabilitate Unit, Incorporate Green Energy Efficiency Concepts
3. Sell Property to Qualified Homebuyer at 80% or Below AMI
4. Closing, Funds are Reimbursed, Cycle Continues
BACKGROUND INFORMATION
I. Background
On November 5, 2002, residents of the City of Corpus Christi passed Proposition 2, New and
Expanded Business Enterprises, which authorized the adoption of sales and use tax for the
promotion and development of new and expanded business enterprises at the rate of one -eight
of one percent to be imposed for 15 years. In the same election, the residents of the City passed
Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use
tax approved under Proposition 2B for affordable housing, up to $500,000 annually, so long as
there are projects for which the amount can reasonably be used.
The 118th cent sales tax authorized by passage of Proposition 2 and allocated under Proposition
2B for affordable housing was subsequently enacted by the City Council and filed with the State
Comptroller for Texas, effective April 1, 2003, to be administered by the Corpus Christi Business
and Job Development Corporation's Board of Directors (Type A Board).
The City's Type A Board is responsible for managing the use of the funds. The Board conducted
several public meetings in order to receive public input from citizens as to the type of affordable
housing that may be needed in the community. A decision was made and approved by the Board
to use the funds for individually owned single - family affordable housing.
The City's Type A board of Directors voted on March 30, 2009, to issue a "Request for Proposal"
for the 2009 -2010 fiscal year to solicit proposals that provide individually owned affordable
single - family housing opportunities.
II. Project Concept
The City's Type A Board of Directors is requesting proposals involving the creation of individually
owned single - family housing units that qualify as affordable housing.
Affordable Housing:
Texas Revised Civil Statues, Article 5190.6, Section 3(c) includes promotion of the
development and expansion of affordable housing as defined by 42 USC 12745 as a projects
eligible for the expenditure of economic development sales tax funds (Type A funds). This
Statute basically provides qualification or restrictions on housing to assure that the housing
retains the "affordable" characteristic:
Housing that is for homeownership qualifies as affordable if:
(1) The initial purchase price does not exceed 95% of the median purchase price for the
area, with adjustments for differences in the structure, such as single - family, new or old
housing;
(2) The home is the principal residence of an owner whose family qualifies as a low -
income family (determined at the time of purchase);
(3) The home is subject to resale restrictions to provide for resale to qualifying persons
with a fair return to the owner and investment made to make the home affordable, and
(4) If the home is newly constructed, it meets energy efficiency standards.
—203—
(5) Rehabilitation of affordable housing would require that sufficient safeguards be
placed on the funding to assure that the housing remains affordable with the definition of 42
USC 12745.
Proposals must be for affordable single - family home ownership units designed to assist low and
moderate income households. Persons assisted must be residents of the City of Corpus Christi;
and must meet the following HUD income guidelines:
INCOME LIMITS (80% of MEDIAN INCOME)
Annual
Income
Estimated
Mortgage
Loan Range
28,100
70,250
84,300
32,100
80,250
96,300
36,150
90,375
108,450
40,150
100,375
120,450
43,350
108,462
130,050
46,550
116,375
139,650
49,800
124,500
149,400
53,000
132,500
159,000
Revised 3/19/09: Income limits are established by HUD and are subject to change without notice.
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Page 1 of 3
RESOLUTION
AUTHORIZING THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION TO EXECUTE AN AFFORDABLE
HOUSING PROJECT AGREEMENT WITH NUECES COUNTY
COMMUNITY ACTION AGENCY, IN THE AMOUNT OF $100,000, FOR
THE ACQUISITION, REHABLITATION, AND RESALE OF
AFFORDABLE EXISTING HOMES, AND AUTHORIZING THE CITY
MANAGER, OR DESIGNEE, TO EXECUTE AN AFFORDABLE
HOUSING PROJECT ADMINISTRATION AGREEMENT WITH THE
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT
CORPORATION REGARDING IMPLEMENTATION AND
ADMINISTRATION OF THE AFFORDABLE HOUSING PROJECT
AGREEMENT BETWEEN CORPORATION AND NUECES COUNTY
COMMUNITY ACTION AGENCY FOR THE ACQUISITION,
REHABLITATION, AND RESALE OF AFFORDABLE EXISTING HOMES
WHEREAS, Section 501.073(a), Texas Local Government Code (formerly Section 21 of
the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised
Civil Statutes), requires the City Council to approve all programs and expenditures of
the Corporation;
WHEREAS, there is a need for an affordable housing project administration agreement
between the City of Corpus Christi and the Corpus Christi Business and Job
Development Corporation for the implementation and administration of the affordable
housing project agreement with Nueces County Community Action Agency for the
acquisition, rehabilitation, and resale of affordable existing homes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The Corpus Christi Business and Job Development Corporation is
authorized to execute the affordable housing project agreement with Nueces County
Community Action Agency for the acquisition, rehabilitation, and resale of affordable
existing homes, which is attached to this resolution, as Exhibit A, and expend $100,000
of funds available to the Corporation for that purpose.
SECTION 2. That the City Manager, or designee, is authorized to execute the
affordable housing project administration agreement between the City of Corpus Christi
and the Corpus Christi Business and Job Development Corporation for the
implementation and administration of the affordable housing project agreement with
Nueces County Community Action Agency for the acquisition, rehabilitation, and resale
of affordable existing homes, which is attached to this resolution as Exhibit B.
AffordableHousingGrantResolution -- NCCAA Rehab — 10132009.doc
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Page 2of3
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
City Secretary Mayor
APPROVED as to form: Octoberf'; 2009
R. Jay Reining
Fist Assistant C. Attorney
For the City Attorney
AffordableHousingGrantResolution — NCCAA Rehab — 10132009.doc
—206—
Page 3 of 3
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
AffordableHousingGrantResolution — NCCAA Rehab — 10132009.doc
—207—
AFFORDABLE HOUSING PROJECT AGREEMENT
NUECES COUNTY COMMUNITY ACTION AGENCY
This Affordable Housing Project Agreement ( "Project Agreement ") is entered into
between the Corpus Christi Business and Job Development Corporation
( "Corporation "), the City of Corpus Christi ( "City "), and Nueces County Community
Action Agency ( "Grantee ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one - eighth of one percent to be imposed for 15
years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Board issued a request for proposals for affordable housing projects;
WHEREAS, Grantee submitted a proposal to the Board to request funds for the
acquisition, rehabilitation, and resale of affordable existing homes; and
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, by execution of this
Project Agreement, to accomplish the affordable housing project described in this
agreement and in Grantee's proposal;
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation, Grantee, and the City agree as follows:
1. Project Agreement to Implement Affordable Housing Project. This Project
Agreement between the Corporation, the City, and Grantee is executed to implement
the promotion and development of an affordable housing project proposed by Grantee
in response to the Board's request for,proposals ( "Project Response "). The Project
Response submitted by Grantee, entitled "NCCAA Rehabilitation Project" ( "Project ") is
Affordable Housing -- NCCAA - Rehab — 10132009.doc
Page 1 of 11
_Etitibit A
attached to this Project Agreement as Exhibit C, and is incorporated in this Project
Agreement by reference.
2. Effective Date. The effective date of this Project Agreement is the latest date on
which a party to the Project Agreement is executes this Project Agreement. ( "Effective
Date ")
3. Expiration Date. This Project Agreement expires on July 31, 2010.
4. Services to be Provided by City.
a. The City, through the City's City Manager or his designee ( "City Manager"),
administers the funding and performs contract administration responsibilities, as
outlined in this Project Agreement, for the Corporation.
5. Services to be Provided by Grantee.
a. Establish an Existing Housing Acquisition /Rehabilitation /Resale Revolving
Grant Fund that will support the following four program stages:
(1) Stage 1 — Property Acquisition.
(a) Identifying prospective properties for acquisition.
(b) Conducting a feasibility analysis on the properties.
(c) Submitting offers on properties.
(d) Acquiring title to properties.
(2) Stage 2 — Property Rehabilitation.
(a) Rehabilitate units.
(b) Incorporate Green Energy concepts.
(c) Incorporate Efficiency concepts.
(3) Stage 3 — Sale of Properties
(a) Sell property to qualified homebuyers.
(b) Qualified homebuyers at or below 80% AMI (annual median
income.
(4) Stage 4 — Closing on Sales
(a) Close of property sales transactions.
Affordable Housing — NCCAA - Rehab -- 10132009.doc
Page 2 of 11
—209—
(b) Reimburse fund from sales proceeds.
(c) Restart cycle.
b. Identify properties that can be rehabilitated for resale as affordable housing
for qualified buyers from the following sources: Bank REO, tax foreclosures,
mortgage foreclosures, and sales by private individuals. (Bank REO property is
property owned by banks, normally acquired through foreclosure, that failed to
sell at a foreclosure auction.)
c. Rehabilitate acquired properties to keep the post - rehabilitation value at an
affordable level, e.g., not more than 95% of the median purchase price of homes
in area.
(1) Upon acquisition of a property, detailed job specifications must be
developed for each address by qualified housing construction personnel.
(2) The specifications must be used to bid out the jobs and to facilitate
project management.
(3) Properties must be returned to safe, sanitary, and secure condition.
(4) Green energy concepts must be incorporated into selection of
materials and appliances.
(5) To the maximum extent practicable, homes must be modified to
address potential needs of persons with disabilities.
d. Sell the rehabilitated homes to qualified buyers utilizing existing down
payment assistance programs.
e. Limit program implementation cost to less than 10% of the average unit sales
price of the rehabilitated homes.
6. Services to be Provided by Corporation. The Corporation will provide a grant of
up to $100,000.00.
7. Documentation and Reports.
a. Grantee shall maintain all documentation relating to the receipt and
expenditure of the funds provided under this Project Agreement for a period of
three years following the expiration of this Project Agreement or for such longer
period as may be required by Federal or State law.
b. Grantee shall provide access to all records, documents, reports, and audits,
regarding the funded activity under this Project Agreement, during regular
business hours, for the purpose of inspection and copying by the City Manager.
Furthermore, Grantee shall provide to the City Manager any information
Affordable Housing — NCCAA - Rehab — 10132009.doc
Page 3 of 11
—210—
pertinent to this Project Agreement, as may be requested during the term of this
Project Agreement.
c. Grantee shall submit a performance report ( "Quarterly Report") to the City and
the Corporation at least once each quarter, and a complete performance report
( "Final Report") within 30 days of the expiration of this Project Agreement. The
Quarterly and Final Reports must contain all relevant details pertaining to the
acquisition, rehabilitation, and resale of affordable existing homes, and include
any supporting documentation required to substantiate the written narrative
contained in the reports. The reports must document:
(1) Assets in the Existing Housing Acquisition /Rehabilitation /Resale
Revolving Grant Fund, including beginning balance at start of reporting
period, other funds contributed to the fund, expenditures from the fund,
and fund balance at end of reporting period.
(2) Properties acquired through program, including location and
description, and acquisition costs.
(3) Costs of rehabilitating the individual properties.
(4) Properties sold through program, including sale price and other selling
expenses.
(5) Net gain or loss from each transaction completed during reporting
period.
8. Amendments or Modifications.
a. No amendments or modifications to this Project Agreement may be made, nor
any provision waived, unless the amendment or modification is made in writing
and signed by persons duly authorized to sign agreements on behalf of all
parties.
b. The City Manager is authorized to execute minor amendments or
modifications to this Project Agreement, by exchange of letters with the Grantee.
The minor amendments and modifications may relate to the timing of
performance and reporting, the scope of work to be performed, the number of
homebuyers assisted, or the amount of assistance provided to each homebuyer.
However, the minor amendments or modifications may not increase the amounts
of money available to the Grantee under this Project Agreement.
9. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to, any person or circumstance is, to any extent, held illegal, invalid,
or unenforceable under present or future law dr by a final judgment of a court of
Affordable Housing — NCCAA - Rehab — 10132009.doc
Page 4 of 11
—211—
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than
those as to which it is held illegal, invalid, or unenforceable, will not be affected
by the law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision,
phrase, and word of this Project Agreement be given full force and effect for its
purpose.
b. To the extent that any clause or rrr 'inn is heir +h;.,�, invalid, or
unenforceable under presen+ future law during the term of this
Project Agreement, thr . me remainder of this Project i- 4..ament is not aift.,i ,;
by the IP- -- ;. , ;,emu of any illegal, invalid, or unenforceable clause or
provision, a Irian.._ _ - provision, as similar in terms to the illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Project Agreement automatically.
10. Compliance with Laws. Grantee shall comply with all applicable Federal, State,
and local government laws, rules, regulations, and ordinances which may be relevant to
Grantee's performance under this Project Agreement.
11. Jurisdiction and Venue.
a. This Project Agreement is governed by and must be construed under the
laws of the State of Texas.
b. All actions brought to enforce compliance with this Project Agreement must
be brought in Nueces County, Texas, where this Project Agreement was
entered into and must be performed.
12. Acknowledgment and Construction of Ambiguities. The parties expressly
agree that each has independently read and does understand this Project Agreement.
By Grantee's execution of this Project Agreement, Grantee agrees to be bound by the
terms, covenants, and conditions contained in this Project Agreement. Any ambiguities
in this Project Agreement may not be construed against the drafter.
13. Indemnity. Grantee must fully indemnify and hold harmless the
City of Corpus Christi, the Corpus Christi Business and Job
Development Corporation, and their officers, employees, and agents
(hereinafter, collectively "Indemnitees") from and against any and all
liability, damage, loss, claims, demands, expenses, suits, and causes
of action of any nature whatsoever on account of injury or damage to
person (including, without limitation on the foregoing, premises
defects, workers' compensation, and death claims) or property loss or
damage of any kind whatsoever which arise out of or are in any
manner connected with, or are claimed to arise out of or be in any
way connected with, either proximately or remotely, wholly or in part,
Affordable Housing — NCCAA - Rehab — 10132009.doc
- 2112age 5 of 11
any activities by Grantee, its officers, employees, agents, members,
invitees, or independent contractors with respect to this Project
Agreement or the Project that is the subject of this Project
Agreement, regardless of whether such injuries, death, or damages
are caused, or are claimed to be caused, by the contributory
negligence of any of the lndemnitees, but not if caused by the sole
negligence of the lndemnitees unmixed with the fault of any other
person or entity. Grantee covenants and agrees that if lndemnitees,
or any of them, are made a party to any litigation against Grantee or in
any litigation commenced by any party other than Grantee relating to
this Project Agreement or Project, Grantee shall, upon receipt of
reasonable notice regarding commencement of litigation, at its own
expense, investigate all claims and demands, attend to their
settlement or other disposition, defend lndemnitees in all actions
based thereon with legal counsel satisfactory to lndemnitees, and pay
all charges of attorneys and all other costs and expenses of any kind
arising from any said liability, damage, loss, demand, claim, or action.
14. Warranties. Grantee warrants and represents to Corporation the following:
a. Grantee is a duly organized, validly existing, and in good standing under the
laws of the State of Texas, has all authority to carry on its business as presently
conducted in Corpus Christi, Texas.
b. Grantee has the authority to enter into and perform, and will perform, the
terms of this Project Agreement.
c. Grantee has timely filed and will timely file all local, State, and Federal tax
reports and returns required by law to be filed and all taxes, assessments, fees,
and other governmental charges, including applicable ad valorem taxes, have
been timely paid, and will be timely paid, during the term of this Project
Agreement.
d. Grantee has received a copy of the Texas Development Corporation Act of
1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that
the funds granted in this Project Agreement must be utilized solely for purposes
authorized under State law and by the terms of this Project Agreement.
e. If an audit determines that the funds were not used for authorized purposes,
Grantee agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
f. The parties executing this Project Agreement on behalf of Grantee are duly
authorized to execute this Project Agreement on behalf of Grantee.
Affordable Housing — NCCAA - Rehab -- 10132009.doc
Page 6 of 11
—213—
15. Events of Default. The following events constitute a default of this Agreement:
a. Failure of Grantee to timely, fully, and completely comply with any one or
more of the requirements, obligations, duties, terms, conditions, or warranties of
this Project Agreement.
b. The Corporation or City determines that any representation or warranty on
behalf of Grantee contained in this Project Agreement or in any financial
statement, certificate, report, proposal, or opinion submitted to the Corporation in
connection with this Project Agreement was incorrect or misleading in any
material respect when made.
c. Any judgment is assessed against Grantee or any attachment or other levy
against the property of Grantee with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
d. Grantee makes an assignment for the benefit of creditors.
e. Grantee files a petition in bankruptcy, or is adjudicated insolvent or bankrupt.
f. If taxes on property owed by Grantee become delinquent, and Grantee fails to
timely and properly follow the legal procedures for protest or contest.
g. Grantee changes the general character of its business as conducted on or
following the date this Agreement is approved by the Corporation.
16. Notice of Default. Should the Corporation or City determine that Grantee is in
default under the terms of this Agreement, the Corporation or City shall notify Grantee in
writing of the event of default and provide 60 days from the date of the notice ( "Cure
Period ") for Grantee to cure the event of default.
17. Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances
that might have occurred through no fault of Grantee, as determined by the Board of
Directors of the Corporation, the following actions must be taken for any default that
remains uncured after the Cure Period:
a. Grantee shall immediately repay to Corporation, with interest at the interest
rate paid by the City on its most recently issued general obligation bonds from
date of expiration of Cure Period until fully paid, all funds not used under terms of
this Project Agreement.
b. Grantee shall pay Corporation reasonable attorney fees and costs of court to
collect amounts due to Corporation.
c. The Corporation shall have no further obligations to Grantee under this
Project Agieement and this Project Agreement shall terminate..
Affordable Housing — NCCAA - Rehab -- 10132009.doc
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—214—
d. Neither the City nor the Corporation may be held liable for any consequential
damages.
e. The Corporation may pursue all remedies available under law.
18. No Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, constitutes a waiver of any subsequent
breach of the covenant or condition of the Project Agreement.
b. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, justifies or authorizes the nonobservance on
any other occasion of the covenant or condition or any other covenant or
condition of this Project Agreement.
c. Any waiver or indulgence of Grantee's default may not be considered an
estoppel against the Corporation.
d. It is expressly understood that if at any time Grantee is in default in any of its
conditions or covenants of this Project Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Project Agreement on account of the default.
19. Notices.
a. Any required written notices shall be sent, certified mail, return receipt
requested, addressed as follows:
If to Grantee:
Nueces County Community Action Agency
Attn: Executive Director
101 South Padre Island Drive
Corpus Christi, Texas 78405 -4102
If to Corporation:
City of Corpus Christi Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
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—215—
b. A copy of all notices and correspondence must be sent to the City at the
following address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
c. Notice is effective upon deposit in the United States mail in the manner
provided in subsection a of this section.
20. Incorporation of other documents.
The Corpus Christi Business & Job Development Corporation 4a Board
Affordable Housing Request for Proposals issued [Date of RFP] is incorporated
into this Project Agreement.
21. Relationship of Parties. In performing this Agreement, the Corporation, Grantee,
and the City shall act in an individual capacity, and not as agents, representatives,
employees, employers, partners, joint- venturers, or associates of one another. The
employees or agents of either party may not be, nor be construed to be, the employees
or agents of the other party for any purpose.
22. Nonassignment. Grantee may not assign, mortgage, pledge, or transfer this
Project Agreement or any interest contained in this Project Agreement without the prior
written consent of the other parties to this Project Agreement.
23. Non- discrimination.
a. Grantee may not discriminate nor permit discrimination against any person or
group of persons on the grounds of race, gender, disability, religion, age, or national
origin in any manner prohibited by the laws of the United States or the State of
Texas.
b. The City Manager retains the right to take any action the United States or the
State of Texas may direct to enforce this non - discrimination covenant.
24. Captions. The captions in this Project Agreement are for convenience only and
are not a part of this Project Agreement. The captions do not in any way limit or amplify
the terms and provisions of this Project Agreement.
25. Entire Agreement. This Project Agreement and the referenced and incorporated
documents constitute the entire agreement between the Corporation, the City, and
Grantee for the purpose stated. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter of this Project
Agreement, unless contained in this Project Agreement, are expressly revoked, as the
parties intended to provide for a complete understanding, within the provisions of this
Project Agreement and its referenced and incorporated documents, of the terms,
Affordable Housing — NCCAA - Rehab — 10132009.doc
Page 9 of 11
—216—
conditions, promises, and covenants relating to the each party's required performance
under this Project Agreement.
CORPUS CHRISTI BUSINESS &
JOB DEVELOPMENT CORPORATION
Eloy Salazar
President
STATE OF TEXAS §
COUNTY OF NUECES §
Date
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on , 2009,
by Eloy Salazar, President, Corpus Christi Business & Job Development Corporation, a
Texas nonprofit corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa 'Angel R. Escobar
City Secretary City Manager
Date: Date:
APPROVED AS TO FORM:
R. Jay Reining
First Assistant City Attorney
for the City Attorney
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Page 10 of 11
—217—
NUECES COUNTY COMMUNITY ACTION AGENCY
Joe A. Martinez Date
Executive Director
STATE OF TEXAS §
COUNTY OF NUECES §
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
This instrument was acknowledged before me on 2009,
by Joe A. Martinez, Executive Director, Nueces County Community Action Agency, a
Texas non - profit corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
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—218—
EXHIBIT A
REAL ESTATE NOTE
Date:
Maker:
Maker's Address:
Payee: CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT
CORPORATION
c/o City of Corpus Christi, Economic Development Office
P. O. Box 9277
Corpus Christi, Nueces County, Texas, 78469
Principal Amount:
Annual Interest Rate on unpaid principal from date of funding: Zero percent (0 %)
Terms of payment: This Real Estate Note shall be due and payable upon the earliest
of the following events: Sale or transfer of the property described in this Note; Maker
ceases to occupy the property as principal residence; or foreclosure of home. The term
"principal residence" means a dwelling, which, depending on all of the facts and
circumstances, including the good faith intent of the occupant, is occupied primarily for
residential purposes by the owner.
Security for Payment: Deed of Trust between Maker and Payee covering the
following property:
1. Maker promises to pay to the order of Payee at the place for payment and
according to the terms of payment the principal amount, plus interest at the rates
stated above.
2. On default in the payment of any part of the principal, when due, or failure to
comply with any or the agreements and conditions in any and all instruments
given to secure this note including, without limitation any default under the terms
Affordable Housing — NCCAA - Rehab — 10132009.doc
A -1
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and provisions of the Real Estate Note, this Note shall at the option of the holder
hereof, at once mature the whole of this note, without notice at the election of
Payee. Maker and each surety, endorser, and guarantor waive all demands for
payment, presentations for payment, notices of intention to accelerate maturity,
protests, and notices of protest.
3. In the event this note is placed into the hands of an attorney for collection, or if
collected through Probate or Bankruptcy proceedings, then an additional ten
percent (10 %) on the amount of principal and interest then owrfg hereon, shall
be added to the same as reasonable and necessary attorney's fees in addition to
court costs.
4. Each Maker is responsible for the entire amount of this note.
5. The makers and all endorsers, sureties and guarantors of this note hereby
severally waive presentment for payment, notice of non- payment, notice of intent
to accelerate, notice of acceleration, protest and diligence in bringing suit,
against any party hereto, and consent that the time of payment of this note, or
any part thereof, may be extended without notice.
MAKERS
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EXHIBIT B
DEED OF TRUST
Date:
Grantor:
Grantor's Mailing Address (including county):
Corpus Christi, Nueces County,
Texas 784
Trustee: Lisa Aguilar
Acting City Attorney
1201 Leopard Street
Corpus Christi, Texas 78401
Beneficiary: Corpus Christi Business and Job Development Corporation
Beneficiary's Mailing Address (including county): P.O. Box 9277
Corpus Christi, Nueces County,
TX 78469
Note(s): That note of even date herewith executed by Maker payable to the order of
Beneficiary and described as follows:
Date:
Amount:
Maker(s):
Payee: Corpus Christi Business and Job Development Corporation
Final Maturity Date: Due upon earliest of following events:
(1) sale or transfer of property.
(2) Grantor(s) cease to occupy property as principal
residence.
Terms of Payment: As therein provided
Property (including any improvements):
Prior Lien(s)(including recording information):
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For value received and to secure payment of the note, Grantor conveys the property to
Trustee in trust. Grantor warrants and agrees to defend the title to the property. If
Grantor performs all the covenants and pays the note according to its terms, this deed
of trust has no further effect, and Beneficiary shall release it at Grantor's expense.
GRANTOR'S OBLIGATIONS
Grantor agrees to:
1. Keep the property in good repair and condition.
2. Pay all taxes and assessments on the property when due.
3. Preserve the lien's priority as it is established in this deed of trust.
4. Maintain, in a form acceptable to Beneficiary, an insurance policy that:
a. Covers all improvements for their full insurable value as determined
when the policy is issued and renewed, unless Beneficiary approves a
small amount in writing.
b. Contains an 80% coinsurance clause.
c. Provides fire and extended coverage, including windstorm coverage.
d. Protects Beneficiary with a standard mortgage clause.
e. Provides flood insurance at any time the property is in a flood hazard
area.
f. Contains such other coverage as Beneficiary may reasonably require.
5. Comply at all times with the requirements of the 80% coinsurance clause.
6. Deliver the insurance policy to Beneficiary and deliver renewals to Beneficiary
at least ten days before expiration.
7. Keep any buildings occupied as required by the insurance policy.
8. If this is not a first lien, pay all prior lien notes that Grantor is personally liable
to pay and abide by all prior lien instruments.
9. Principal residence requirement:
a. Grantor agrees to occupy the property described in this deed of trust as
Grantor's principal residence.
b. As used in this deed of trust, "principal residence" means a home
which, depending upon all of the facts and circumstances (including the
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good faith of the occupant) is occupied primarily for residential purposes
by Grantor.
c. The term does not include a home used as an investment property or a
recreational home or a home which is used primarily in a trade or business
(as evidenced by the use of more than fifteen percent [15 %] of the total
floor space in a trade or bushness).
d. Grantor agrees to submit annual recertification, in a form prescribed by
Beneficiary, to the Beneficiary to evidence Grantor's occupancy under the
provisions of this Deed of Trust.
e. Grantor further agrees to notify Beneficiary immediately if at any time
the property ceases to be used as Grantor's principal residence.
10. Due on Sale Requirement. If Grantor conveys or contracts to convey the
property, or any interest the property, to a party or parties not appearing in this
instrument without the written consent of Beneficiary, then Beneficiary, at its
election exercised at any time after such event without notice to Grantor, may
declare the entire indebtedness secured hereby at once due and payable.
BENEFICIARY'S RIGHTS
1. Beneficiary may appoint in writing a substitute or successor trustee,
succeeding to all rights and responsibilities of Trustee.
2. If the proceeds of the note are used to pay any debt secured by prior liens,
Beneficiary is subrogated to all of the rights and liens of the holders of any debt
so paid.
3. Beneficiary may apply any proceeds received under the insurance policy
either to reduce the note or to repair or replace damaged or destroyed
improvements covered by the policy.
4. If Grantor fails to perform any of Grantor's obligations, Beneficiary may
perform those obligations and be reimbursed by Grantor on demand at the place
where the note is payable for any sums so paid, including attorney's fees, plus
interest on those sums from the dates of payment at the rate stated in the note
for matured, unpaid amounts. The sum to be reimbursed shall be secured by
this deed of trust.
5. If Grantor defaults on the note or fails to perform any of Grantor's obligations
or if default occurs on a prior lien note or other instrument, Beneficiary may:
a. Declare the unpaid principal balance and earned interest on the note
immediately due.
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b. Request Trustee to foreclose this lien, in which case Beneficiary or
Beneficiary's agent shall give notice of the foreclosure sale as provided by
the Texas Property Code, as then amended.
c. Purchase the property at any foreclosure sale by offering the highest
bid and then have the bid credited on the note.
6. If Grantor conveys or contracts to convey the property covered by this deed of
trust, or any interest in the property covered by this deed of trust, including a
leasehold interest, to a party or parties not appearing in this instrument without
the written consent thereto of Beneficiary, then Beneficiary, at its election
exercised any time after such event and without notice to Grantor, may declare
the entire indebtedness secured hereby at once due and payable.
TRUSTEE'S DUTIES
If requested by Beneficiary to foreclose this lien, Trustee shall:
1. Either personally or by agent give notice of the foreclosure sale as required by
the Texas Property Code, as then amended.
2. Sell and convey all or part of the property to the highest bidder for.cash with a
general warranty binding Grantor, subject to prior liens and to other exceptions to
conveyance and warranty.
3. From the proceeds of the sale, pay, in this order:
a. Expenses of foreclosure, including a commission to Trustee of 5% of
the bid.
b. To Beneficiary, the full amount of principle, interest, attorney's fees,
and other charges due to unpaid.
c. Any amounts required by law to be paid before payment to Grantor.
d. To Grantor, any balance.
GENERAL PROVISIONS
1. If any of the property is sold under this deed of trust; Grantor shall
immediately surrender possession to the purchaser. If Grantor fails to do so,
Grantor shall become a tenant at sufferance of the purchaser, subject to an
action for forcible detainer.
2. Recitals in any Trustee's deed conveying the property will be presumed to be
true.
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B-4
3. Proceedings under this deed of trust, filing suit for foreclosure, or pursuing
any other remedy will not constitute an election of remedies.
4. This lien remains superior to liens later created even if the time of payment of
all or part of the note is extended or part of the property is released.
5. If any portion of the note cannot be lawfully secured by this deed of trust,
payments must be applied first to discharge that portion.
6. Grantor assigns to Beneficiary all sums payable to or received by Grantor
from condemnation of all or part of the property, from private sale in lieu of
condemnation, and from damages caused by public works or construction on or
near the property. After deducting any expenses incurred, including attorney's
fees, Beneficiary may release any remaining sums to Grantor or apply the sums
to reduce the note. Beneficiary is not be liable for failure to collect or to exercise
diligence in collecting any such sums.
7. Grantor assigns to Beneficiary absolutely, not only as collateral, all present
and future rent and other income and receipts from the property.
a. Leases are not assigned.
b. Grantor warrants the validity and enforceability of the assignment.
Grantor may as Beneficiary's licensee collect rent and other income and
receipts as long as Grantor is not in default under the note or this deed of
trust.
c. Grantor shall apply all rent and other income and receipts to payment
of the note and performance of this deed of trust, but if the rent and other
income and receipts exceed the amount due under the note and deed of
trust, Grantor may retain the excess.
d. If Grantor defaults in payment of the note or performance of this deed
of trust, Beneficiary may terminate Grantor's license to collect and then as
Grantor's agent may rent the property if it is vacant and collect all rent and
other income and receipts.
e. Beneficiary neither has nor assumes any obligations as lessor or
landlord with respect to any occupant of the property.
f. Beneficiary may exercise Beneficiary's rights and remedies under this
paragraph without taking possession of the property.
g. Beneficiary shall apply all rent and other income and receipts collected
under this paragraph first to expenses incurred in exercising Beneficiary's
rights and remedies and then to Grantor's obligations under the note and
this deed of trust in the order determined by Beneficiary.
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h. Beneficiary is not required to act under this paragraph, and acting
under this paragraph does not waive any of Beneficiary's other rights or
remedies.
i. If Grantor becomes a voluntary or involuntary bankrupt, Beneficiary's
filing a proof of claim in bankruptcy will be tantamount to the appointment
of a receiver under Texas law.
8. Interest on the debt secured by this deed of trust do not exceed the maximum
amount of nonusurious interest that may be contracted for, taken, reserved,
charged, or received under law.
a. Any interest in excess of that maximum amount shall be credited on
the principal of the debt or, if that has been paid, refunded.
b. On any acceleration or required or permitted prepayment, any such
excess shall be canceled automatically as of the acceleration or
prepayment or, if already paid, credited on the principal of the debt or, if
the principal of the debt has been paid, refunded.
c. This provision overrides other provisions in this and all other
instruments concerning the debt.
9. In the event the property described in this deed of trust is subject to prior liens
in favor of third parties, any default under any prior lien instrument is a default
under this deed of trust.
10. When the context requires, singular nouns and pronouns include the plural.
11. The term "note" includes all sums secured by this deed of trust.
12. This deed of trust binds, inures to the benefit of, and may be exercised by
successors in interest of all parties.
13. The note secured by this deed of trust evidences funds advanced for a
portion of the purchase price of the property described in this deed of trust, and is
additionally secured by a vendor's lien on the property.
14. Upon the sale, rent, or change of ownership of the property described in this
deed of trust for any reasons, by any means, or upon the death of the Makers of
the Real Estate Note(s) secured by this deed of trust, the entire principal and
appropriate interest of the Real Estate Note(s) immediately become due and
payable without notice or presentment of any kind including, without limitations,
notice of intent to accelerate and notice of acceleration.
a. The Executive Director of the Corpus Christi Business and Job
Development Corporation may waive this requirement upon the written .
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request of the Makers of the Real Estate Note(s) or their heirs,
successors, and assigns.
b. Should the property no longer become the primary residence or should
there be a change of use, the entire principal and appropriate interest shall
immediately become due and payable without notice or presentment of
any kind including, without limitations, notice of intent to accelerate and
notice of acceleration.
Witness our hands this
day of , 200_ A.D.
Name:
Name:
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the day of
200_, by
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the day of
200_, by
Notary Public, State of Texas
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AFTER RECORDING RETURN TO:
Corpus Christi Business and Job Development Corporation
c/o City of Corpus Christi Economic Development Office
P. O. Box 9277
Corpus Christi, Texas 78469
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AFFORDABLE HOUSING PROJECT ADMINISTRATION AGREEMENT
This Affordable Housing Project Administration Agreement ( "Project Administration
Agreement ") is entered into between the Corpus Christi Business and Job Development
Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City ") for the
administration of the Affordable Housing Project Agreement between the Corporation
and Nueces County Community Action Agency for the acquisition, rehabilitation, and
resale of existing affordable homes.
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one - eighth of one percent to be imposed for 15
years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Corporation of Directors.
( "Corporation ");
WHEREAS, the Corporation issued a request for proposals for affordable housing
projects;
WHEREAS, Nueces County Community Action Agency has submitted a proposal to the
Corporation for $100,000 for the acquisition, rehabilitation, and resale of existing
affordable homes;
WHEREAS, the Corporation has determined that it is in the best interests of the citizens
of Corpus Christi, Texas, to fund the Nueces County Community Action Agency's the
acquisition, rehabilitation, and resale of existing affordable homes; and
WHEREAS, Section 501.073(a), Texas Local Govemment Code (formerly Section 21 of
the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised
Civil Statutes), requires the City Council to approve all programs and expenditures of
the Corporation;
Page 1 of 3
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WHEREAS, the Corporation and Nueces County Community Action Agency have
executed a affordable housing project agreement for the acquisition, rehabilitation, and
resale of existing affordable homes, as authorized by the City Council.
In consideration of the covenants, promises, and conditions stated in this Project
Administration Agreement, the Corporation and the City agree as follows:
1. Project Administration Agreement to Implement Affordable Housing Project
Agreement. This Project Administration Agreement between the City and the
Corporation is executed to implement the Affordable Housing Project Agreement
between the Corporation and Nueces County Community Action Agency ( "Affordable
Housing Agreement ") for the acquisition, rehabilitation, and resale of existing affordable
homes.
2. Term. The term of this Project Administration Agreement runs concurrently with the
term of the Affordable Housing Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsibilities outlined in the Affordable Housing Agreement for
the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Project Administration Agreement is the
latest date that either party executes this Agreement.
6. Amendments or Modifications. No amendments or modifications to this Project
Administration Agreement may be made, nor any provision waived, unless in writing
signed by a person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Administration Agreement or the application of this
Project Administration Agreement to any person or circumstance is, to any
extent, held illegal, invalid, or unenforceable under present or future law or by a
final judgment of a court of competent jurisdiction, then the remainder of this
Project Administration Agreement, or the application of the term or provision to
persons or circumstances other than those as to which it is held illegal, invalid, or
unenforceable, will not be affected by the law or judgment, for it is the definite
intent of the parties to this Project Administration Agreement that every section,
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—230—
paragraph, subdivision, clause, provision, phrase, or word of this Project
Administration Agreement be given full force and effect for its purpose.
b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this Project
Administration Agreement, then the remainder of this Project Administration
Agreement is not affected by the law, and in lieu of any illegal, invalid, or
unenforceable clause or provision, a clause or provision, as similar in terms to
the illegal, invalid, or unenforceable clause or provision as may be possible and
be legal, valid, and enforceable, will be added to this Project Administration
Agreement automatically.
8. Captions. The captions iri this Project Administration Agreement are for
convenience only and are not a part of this Project Administration Agreement. The
captions do not in any way limit or amplify the terms and provisions of this Project
Administration Agreement.
The City of Corpus Christi Corpus Christi Business &
Job Development Corporation
'Angel R. Escobar Eloy Salazar
City Manager President
Date: Date:
Attest
Armando Chapa
City Secretary
Approved as to Legal Form: , 2009.
R. Jay Reining
First Assistant City Attorney
for City Attorney
Page 3 of 3
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Page 1 of 3
RESOLUTION
AUTHORIZING THE CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION TO EXECUTE AN AFFORDABLE
HOUSING PROJECT AGREEMENT WITH HABITAT FOR HUMANITY --
CORPUS CHRISTI, INC., IN THE AMOUNT OF $150,000, FOR
CONSTRUCTION OF FOUR NEW HOMES, AND AUTHORIZING THE
CITY MANAGER, OR DESIGNEE, TO EXECUTE AN AFFORDABLE
HOUSING PROJECT ADMINISTRATION AGREEMENT WITH THE
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT
CORPORATION REGARDING IMPLEMENTATION AND
ADMINISTRATION OF THE AFFORDABLE HOUSING PROJECT
AGREEMENT BETWEEN CORPORATION AND HABITAT FOR
HUMANITY -- CORPUS CHRISTI, INC. FOR CONSTRUCTION OF
FOUR NEW HOMES
WHEREAS, Section 501.073(a), Texas Local Government Code (formerly Section 21 of
the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised
Civil Statutes), requires the City Council to approve all programs and expenditures of
the Corporation;
WHEREAS, there is a need for an affordable housing project administration agreement
between the City of Corpus Christi and the Corpus Christi Business and Job
Development Corporation for the implementation and administration of the affordable
housing project agreement with Habitat For Humanity -- Corpus Christi, Inc. for
construction of four new homes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The Corpus Christi Business and Job Development Corporation is
authorized to execute the affordable housing project agreement with Habitat For
Humanity -- Corpus Christi, Inc. for construction of four new homes, which is attached to
this resolution, as Exhibit A, and expend $150,000 of funds available to the Corporation
for that purpose.
SECTION 2. That the City Manager, or designee, is authorized to execute the
affordable housing project administration agreement between the City of Corpus Christi
and the Corpus Christi Business and Job Development Corporation for the
implementation and administration of the affordable housing project agreement with
Habitat For Humanity -- Corpus Christi, Inc. for construction of four new homes, which is
attached to this resolution, as Exhibit B.
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Page 2of3
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Joe Adame
Mayor
APPROVED as to form: October// , 2009
R. Jajr Reining l
First Assistant City Attorney
For the City Attorney
AffordableHousingGrantResolution - Habitat — 101 22009.dog2 3 3 —
Page 3 of 3
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
AffordableHousingGrantResolution - Habitat — 10122009.do2 34—
AFFORDABLE HOUSING PROJECT AGREEMENT
HABITAT FOR HUMANITY -- CORPUS CHRISTI, INC. -
NEW HOME CONSTRUCTION
This Affordable Housing Project Agreement ( "Project Agreement ") is entered into
between the Corpus Christi Business and Job Development Corporation
( "Corporation "), the City of Corpus Christi ( "City "), and Habitat For Humanity -- Corpus
Christi, Inc. ( "Grantee ").
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one - eighth of one percent to be imposed for 15
years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to . be administered by the Corporation's Board of Directors ( "Board ");
WHEREAS, the Board issued a request for proposals for affordable housing projects;
WHEREAS, Grantee submitted a proposal to the Board to request funds for the
construction of four new homes over a one year period in the City's Model Block Area
for low income homebuyers;
WHEREAS, the Board has determined that it is in the best interests of the residents of
the City of Corpus Christi that affordable housing funds be awarded, by execution of this
Project Agreement, to accomplish the affordable housing project described in this
agreement and in Grantee's proposal, which has been verbally modified to provide for
the construction of 4 homes during this fiscal year;
In consideration of the covenants, promises, and conditions stated in this Project
Agreement, the Corporation, Grantee, and the City agree as follows:
1. Project Agreement to Implement Affordable Housing Project. This Project
Agreement between the Corporation, the City, and Grantee is executed to implement
the promotion and development of an affordable housing project proposed by Grantee
Page 1 of 11
Affordable Housing - Habitat - 4 Homes 10122009.doc
-rt A
in response to the Board's request for proposals ( "Project Response "). The Project
Response submitted by Grantee, entitled "Habitat for Humanity New Home
Construction" ( "Project ") is attached to this Project Agreement as Exhibit A, and is
incorporated in this Project Agreement by reference.
2. Effective Date. The effective date of this Project Agreement is the latest date on
which a party to the Project Agreement is executes the this Project Agreement.
( "Effective Date ")
3. Expiration Date. This Project Agreement expires on July 31, 2010.
4. Services to be Provided by City. The City, through the City's City Manager or his
designee ( "City Manager"), administers the funding and performs contract
administration responsibilities, as outlined in this Project Agreement, for the
Corporation.
5. Services to be Provided by Grantee.
a. Grantee shall construct four (4) new single - family homes for low or moderate
income families.
b. Each home constructed must be approximately 1,200 square feet depending
on family size, with from two to three bedrooms. The number of bathrooms may
range from one to two depending on the family needs.
c. The cost of each house must range from $60,000 to $65,000.
d. Grantee must offer two (2) different floor plans for the two and three bedroom
homes.
e. The houses are to be built in the City of Corpus Christi Model Block Program
area or another revitalization designated neighborhood.
f. Each homeowner must meet the qualifications in Exhibit B.
6. Services to be Provided by Corporation. The Corporation will provide a grant of
up to $37,500.00 toward the construction of each of four new homes, but the total
granted may not exceed $150,000.00.
7. Documentation and Reports.
a. Grantee shall maintain all documentation relating to the receipt and
expenditure of the funds provided under this Project Agreement for a period of
three years following the expiration of this Project Agreement or for such longer
period as may be required by Federal or State law.
b. Grantee shall provide access to,all records, documents, reports, and audits,
regarding the funded activity under this Project Agreement, during regular
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business hours, for the purpose of inspection and copying by the City Manager.
Furthermore, Grantee shall provide to the City Manager any information pertinent
to this Project Agreement, as may be requested during the term of this Project
Agreement.
c. Grantee shall submit a performance report ( "Quarterly Report") to the City and
the Corporation at ieast once each quarter, and a complete performance report
( "Final Report") within 30 days of the expiration of this Project Agreement. The
Quarterly and Final Reports must contain all relevant details pertaining the
development of the property and construction of the homes, to how the funds
provided under this agreement were expended, and the qualifications of the new
homeowners, and include any supporting documentation required to substantiate
the written narrative contained in the reports. The reports must document:
(1) Timelines for development of property and construction of homes.
(2) Partnership agreements for construction of the homes.
(3) Outstanding construction issues.
8. Amendments or Modifications.
a. No amendments or modifications to this Project Agreement may be made, nor
any provision waived, unless the amendment or modification is made in writing
and signed by persons duly authorized to sign agreements on behalf of all
parties.
b. The Corporation's Executive Director and City Manager are authorized to
execute minor amendments or modifications to this Project Agreement, by
exchange of letters with the Grantee. The minor amendments and modifications
may relate to the timing of performance and reporting, the scope of work to be
performed, the number of homebuyers assisted, or the amount of assistance
provided to each homebuyer. However, the minor amendments or modifications
may not increase the amounts of money available to the Grantee under this
Project Agreement.
9. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Agreement or the application of this Project
Agreement to any person or circumstance is, to any extent, held illegal, invalid, or
unenforceable under present or future law or by a final judgment of a court of
competent jurisdiction, then the remainder of this Project Agreement, or the
application of the term or provision to persons or circumstances other than those
as to which it is held illegal, invalid, or unenforceable, will not be affected by the
law or judgment, for it is the definite intent of the parties to this Project
Agreement that every section, paragraph, subdivision, clause, provision, phrase,
and word of this Project Agreement be given full force and effect for its purpose.
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b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this Project
Agreement, then the remainder of this Project Agreement is not affected by the
law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a
clause or provision, as similar in terms to the illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and enforceable, will
be added to this Project Agreement automatically.
10. Compliance with Laws. Grantee shall comply with all applicable Federal, State,
and local government laws, rules, regulations, and ordinances which may be relevant to
Grantee's performance under this Project Agreement.
11. Jurisdiction and Venue.
a. This Project Agreement is governed by and must be construed under the laws
of the State of Texas.
b. All actions brought to enforce compliance with this Project Agreement must be
brought in Nueces County, Texas, where this Project Agreement was entered
into and must be performed.
12. Acknowledgment and Construction of Ambiguities. The parties expressly
agree that each has independently read and does understand this Project Agreement.
By Grantee's execution of this Project Agreement, Grantee agrees to be bound by the
terms, covenants, and conditions contained in this Project Agreement. Any ambiguities
in this Project Agreement may not be construed against the drafter.
13. Indemnity. Grantee must fully indemnify and hold harmless the City of
Corpus Christi, the Corpus Christi Business and Job Development
Corporation, and their officers, employees, and agents (hereinafter,
collectively "lndemnitees') from and against any and all liability, damage,
loss, claims, demands, expenses, suits, and causes of action of any nature
whatsoever on account of injury or damage to person (including, without
limitation on the foregoing, premises defects, workers' compensation, and
death claims) or property loss or damage of any kind whatsoever which
arise out of or are in any manner connected with, or are claimed to arise
out of or be in any way connected with, either proximately or remotely,
wholly or in part, any activities by Grantee, its officers, employees, agents,
members, invitees, or independent contractors with respect to this Project
Agreement or the Project that is the subject of this Project Agreement,
regardless of whether such injuries, death, or damages are caused, or are
claimed to be caused, by the contributory negligence of any of the
ln, demnitees, but not if caused by the sole negligence of the lndemnitees
unmixed with the fault of any other person or entity. Grantee covenants
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and agrees that if Indemnitees, or any of them, are made a party to any
litigation against Grantee or in any litigation commenced by any party other
than Grantee relating to this Project Agreement or Project, Grantee shall,
upon receipt of reasonable notice regarding commencement of litigation, at
its own expense, investigate all claims and demands, attend to their
settlement or other disposition, defend Indemnitees in all actions based
thereon with legal counsel satisfactory to lndemnitees, and pay all charges
of attorneys and all other costs and expenses of any kind arising from any
said liability, damage, loss, demand, claim, or action.
14. Warranties. Grantee warrants and represents to Corporation the following:
a. Grantee is a duly organized, validly existing, and in good standing under the
laws of the State of Texas, has all authority to carry on its business as presently
conducted in Corpus Christi, Texas.
b. Grantee has the authority to enter into and perform, and will perform, the
terms of this Project Agreement.
c. Grantee has timely filed and will timely file all local, State, and Federal tax
reports and returns required by law to be filed and all taxes, assessments, fees,
and other governmental charges, including applicable ad valorem taxes, have
been timely paid, and will be timely paid, during the term of this Project
Agreement.
d. Grantee has received a copy of the Texas Development Corporation Act of
1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, and acknowledges that
the funds granted in this Project Agreement must be utilized solely for purposes
authorized under State taw and by the terms of this Project Agreement.
e. If an audit determines that the funds were not used for authorized purposes,
Grantee agrees to reimburse Corporation for the sums of money spent for
purposes not authorized by law within 30 days written notice requesting
reimbursement.
f. The parties executing this Project Agreement on behalf of Grantee are duly
authorized to execute this Project Agreement on behalf of Grantee.
15. Events of Default. The following events constitute a default of this Agreement:
a. Failure of Grantee to timely, fully, and completely comply with any one or
more of the requirements, obligations, duties, terms, conditions, or warranties of
this Project Agreement.
b. The Corporation or City determines that any representation or warranty on
behalf of Grantee contained in this Project Agreement or in any financial
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statement, certificate, report, proposal, or opinion submitted to the Corporation in
connection with this Project Agreement was incorrect or misleading in any
material respect when made.
c. Any judgment is assessed against Grantee or any attachment or other levy
against the property of Grantee with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 30 days.
d. Grantee makes an assignment for the benefit of creditors.
e. Grantee files a petition in bankruptcy, or is adjudicated insolvent or bankrupt.
f. If taxes on property owed by Grantee become delinquent, and Grantee fails to
timely and properly follow the legal procedures for protest or contest.
g. Grantee changes the general character of its business as conducted on or
following the date this Agreement is approved by the Corporation.
16. Notice of Default. Should the Corporation or City determine that Grantee is in
default under the terms of this Agreement, the Corporation or City shall notify Grantee in
writing of the event of default and provide 60 days from the date of the notice ( "Cure
Period ") for Grantee to cure the event of default.
17. Results of Uncured Default. After exhausting good faith attempts to address any
default during the Cure Period, and taking into account any extenuating circumstances
that might have occurred through no fault of Grantee, as determined by the Board of
Directors of the Corporation, the following actions must be taken for any default that
remains uncured after the Cure Period:
a. Grantee shall immediately repay to Corporation, with interest at the interest
rate paid by the City on its most recently issued general obligation bonds from
date of expiration of Cure Period until fully paid, all funds not used under terms of
this Project Agreement.
b. Grantee shall pay Corporation reasonable attorney fees and costs of court to
collect amounts due to Corporation.
c. The Corporation shall have no further obligations to Grantee under this
Project Agreement and this Project Agreement shall terminate.
d. Neither the City nor the Corporation may be held liable for any consequential
damages.
e. The Corporation may pursue all remedies available under law.
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18. No Waiver.
a. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, constitutes a waiver of any subsequent
breach of the covenant or condition of the Project Agreement.
b. No waiver of any covenant or condition, or the breach of any covenant or
condition of this Project Agreement, justifies or authorizes the nonobservance on
any other occasion of the covenant or condition or any other covenant or
condition of this Project Agreement.
c. Any waiver or indulgence of Grantee's default may not be considered an
estoppel against the Corporation.
d. It is expressly understood that if at any time Grantee is in default in any of its
conditions or covenants of this Project Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the
Corporation may have, will not be considered a waiver on the part of the
Corporation, but Corporation may at any time avail itself of the rights or remedies
or elect to terminate this Project Agreement on account of the default.
19. Notices.
a. Any required written notices shall be sent, certified mail, return receipt
requested, addressed as follows:
If to Grantee:
Habitat for Humanity — Corpus Christi, Inc.
Attn: Executive Director
P.O. Box 3032
Corpus Christi, Texas 78463 -3032
If to Corporation:
City of Corpus Christi Business and Job Development Corporation
Attn: Executive Director
1201 Leopard Street
Corpus Christi, Texas 78401
b. A copy of all notices and correspondence must be sent to the City at the
following address:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469 -9277'
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c. Notice is effective upon deposit in the United States mail in the manner
provided in subsection a of this section.
20. Incorporation of other documents. The Corpus Christi Business & Job
Development Corporation 4a Board Affordable Housing Request for Proposals issued
April 7, 2008, is incorporated into this Project Agreement.
21. Relationship of Parties. In performing this Agreement, the Corporation, Grantee,
and the City shall act in an individual capacity, and not as agents, representatives,
employees, employers, partners, joint - venturers, or associates of one another. The
employees or agents of either party may not be, nor be construed to be, the employees
or agents of the other party for any purpose.
22. Nonassignment. Grantee may not assign, mortgage, pledge, or transfer this
Project Agreement or any interest contained in this Project Agreement without the prior
written consent of the other parties to this Project Agreement.
23. Non - discrimination.
a. Grantee may not discriminate nor permit discrimination against any person or
group of persons on the grounds of race, gender, disability, religion, age, or
national origin in any manner prohibited by the laws of the United States or the
State of Texas.
b. The Corporation retains the right to take any action the United States or the
State of Texas may direct to enforce this non - discrimination covenant.
24. Captions. The captions in this Project Agreement are for convenience only and
are not a part of this Project Agreement. The captions do not in any way limit or amplify
the terms and provisions of this Project Agreement.
25. Entire Agreement. This Project Agreement and the referenced and incorporated
documents constitute the entire agreement between the Corporation, the City, and
Grantee for the purpose stated. All other agreements, promises, representations, and
understandings, oral or otherwise, with reference to the subject matter of this Project
Agreement, unless contained in this Project Agreement, are expressly revoked, as the
parties intended to provide for a complete understanding, within the provisions of this
Project Agreement and its referenced and incorporated documents, of the terms,
conditions, promises, and covenants relating to the each party's required performance
under this Project Agreement.
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CORPUS CHRISTI BUSINESS &
JOB DEVELOPMENT CORPORATION
Eloy Salazar
President
STATE OF TEXAS
§
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2008,
by Eloy Salazar, President, Corpus Christi Business & Job Development Corporation, a
Texas nonprofit corporation, on behalf of the corporation.
Dale
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
NOTARY PUBLIC
State of Texas
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ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa 'Angel R. Escobar
City Secretary City Manager
Date Date
APPROVED AS TO FORM:
R. Jay Reining
First Assistant City Attorney
for the City Attorney
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HABITAT FOR HUMANITY -- CORPUS CHRISTI, INC.
Peggy Hopkins
President
Date
[Note: Secretary of State's office lists Lee Sloan as President, not Peggy
Hopkins. She is listed as a Director.]
ACKNOWLEDGMENT
KNOW ALL BY THESE PRESENTS:
STATE OF TEXAS
COUNTY OF NUECES
§
§
This instrument was acknowledged before me on , 2008,
by Peggy Hopkins, President, Habitat For Humanity -- Corpus Christi, Inc. , a Texas
Domestic Non - Profit Corporation, on behalf of the corporation.
NOTARY PUBLIC
State of Texas
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EXHIBIT A
REAL ESTATE NOTE
Date:
Maker(s):
Maker's Address:
Payee: CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT
CORPORATION
c/o City of Corpus Christi, Economic Development Office
P. O. Box 9277
Corpus Christi, Nueces County, Texas, 78469
Principal Amount:
Annual Interest Rate on unpaid principal from date of funding: Zero percent (0 %)
Terms of payment: This Real Estate Note shall be due and payable upon the earliest
of the following events: Sale or transfer of the property described in this Note; Maker
ceases to occupy the property as principal residence; or foreclosure of home. The term
"principal residence" means a dwelling, which, depending on all of the facts and
circumstances, including the good faith intent of the occupant, is occupied primarily for
residential purposes by the owner.
Security for Payment: Deed of Trust between Maker and Payee covering the
following property:.
Maker promises to pay to the order of Payee at the place for payment and
according to the terms of payment the principal amount, plus interest at the rates
stated above.
On default in the payment of any part of the principal, when due, or failure to
comply with any or the agreements and conditions in any and all instruments
given to secure this note including, without limitation any default under the terms
and provisions of the Real Estate Note, this Note shall at the option of the holder
hereof, at once mature the whole of this note, without notice at the election of
Payee. Maker and each surety, endorser, and guarantor waive all demands for
payment, presentations for payment, notices of intention to accelerate maturity,
protests, and notices of protest.
In the event this note is placed into the hands of an attorney for collection, or if
collected through Probate or Bankruptcy proceedings, then an additional ten
percent (10 %) on the amount of principal and interest then owing hereon, shall
be added 'to the same as reasonable and necessary attorney's fees in addition to
court costs.
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—246—
Each Maker is responsible for the entire amount of this note.
The makers and all endorsers, sureties and guarantors of this note hereby
severally waive presentment for payment, notice of non - payment, notice of intent
to accelerate, notice of acceleration, protest and diligence in bringing suit,
against any party hereto, and consent that the time of payment of this note, or
any part thereof, may be extended without notice.
MAKERS
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EXHIBIT B
DEED OF TRUST
Date:
Grantor:
Grantor's Mailing Address (including county):
Corpus Christi, Nueces County, Texas
784
Trustee: Lisa Aguilar, City Attorney, 1201 Leopard Street, Corpus Christi, Texas 78401
Beneficiary: Corpus Christi Business and Job Development Corporation
Beneficiary's Mailing Address (including county): P.O. Box 9277
Corpus Christi, Nueces County,
TX 78469
Note(s): That note of even date herewith executed by Maker payable to the order of
Beneficiary and described as follows:
Date:
Amount:
Maker:
Payee: Corpus Christi Business and Job Development Corporation
Final Maturity Date: Due upon earliest of following events:
(1) sale or transfer of property.
(2) Grantor(s) cease to occupy property as principal
residence.
Terms of Payment: As therein provided
Property (including any improvements):
Prior Lien(s)(including recording information):
For value received and to secure payment of the note, Grantor conveys the property to
Trustee in trust. Grantor warrants and agrees to defend the title to the property. If
Grantor performs all the covenants and pays the note according to its terms, this deed
of trust has no further effect, and Beneficiary shall release it at Grantor's expense.
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GRANTOR'S OBLIGATIONS
Grantor agrees to:
1. Keep the property in good repair and condition.
2. Pay all taxes and assessments on the property when due.
3. Preserve the lien's priority as it is established in this deed of trust.
4. Maintain, in a form acceptable to Beneficiary, an insurance policy that:
a. Covers all improvements for their full insurable value as determined
when the policy is issued and renewed, unless Beneficiary approves a
small amount in writing.
b. Contains an 80% coinsurance clause.
c. Provides fire and extended coverage, including windstorm coverage.
d. Protects Beneficiary with a standard mortgage clause.
e. Provides flood insurance at any time the property is in a flood hazard
area.
f. Contains such other coverage as Beneficiary may reasonably require.
5. Comply at all times with the requirements of the 80% coinsurance clause.
6. Deliver the insurance policy to Beneficiary and deliver renewals to Beneficiary
at least ten days before expiration.
7. Keep any buildings occupied as required by the insurance policy.
8. If this is not a first lien, pay all prior lien notes that Grantor is personally liable
to pay and abide by all prior lien instruments.
9. Principal residence requirement:
a. Grantor agrees to occupy the property described in this deed of trust as
Grantor's principal residence.
b. As used in this deed of trust, "principal residence" means a home
which, depending upon all of the facts and circumstances (including the
good faith of the occupant) is occupied primarily for residential purposes
by Grantor.
c. The term does not include a home used as an investment property or a
recreational home or a home which is used primarily in a trade or business
B -2
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(as evidenced by the use of more than fifteen percent 115 %] of the total
floor space in a trade or business).
d. Grantor agrees to submit annual recertification, in a form prescribed by
Beneficiary, to the Beneficiary to evidence Grantor's occupancy under the
provisions of this Deed of Trust.
e. Grantor further agrees to notify Beneficiary immediately if at any time
the property ceases to be used as Grantor's principal residence.
10. Due on Sale Requirement. If Grantor conveys or contracts to convey the
property, or any interest the property, to a party or parties not appearing in this
instrument without the written consent of Beneficiary, then Beneficiary, at its
election exercised at any time after such event without notice to Grantor, may
declare the entire indebtedness secured hereby at once due and payable.
BENEFICIARY'S RIGHTS
1. Beneficiary may appoint in writing a substitute or successor trustee,
succeeding to all rights and responsibilities of Trustee.
2. If the proceeds of the note are used to pay any debt secured by prior liens,
Beneficiary is subrogated to all of the rights and liens of the holders of any debt
so paid.
3. Beneficiary may apply any proceeds received under the insurance policy
either to reduce the note or to repair or replace damaged or destroyed
improvements covered by the policy.
4. If Grantor fails to perform any of Grantor's obligations, Beneficiary may
perform those obligations and be reimbursed by Grantor on demand at the place
where the note is payable for any sums so paid, including attorney's fees, plus
interest on those sums from the dates of payment at the rate stated in the note
for matured, unpaid amounts. The sum to be reimbursed shall be secured by
this deed of trust.
5. If Grantor defaults on the note or fails to perform any of Grantor's obligations
or if default occurs on a prior lien note or other instrument, Beneficiary may:
a. Declare the unpaid principal balance and earned interest on the note
immediately due.
b. Request Trustee to foreclose this lien, in which case Beneficiary or
Beneficiary's agent shall give notice of the foreclosure sale as provided by
the Texas Property Code, as then amended.
c. Purchase the property at any foreclosure sale by offering the highest
bid and then have the bid credited on the note.
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Affordable
6. If Grantor conveys or contracts to convey the property covered by this deed of
trust, or any interest in the property covered by this deed of trust, including a
leasehold interest, to a party or parties not appearing in this instrument without
the written consent thereto of Beneficiary, then Beneficiary, at its election
exercised any time after such event and without notice to Grantor, may declare
the entire indebtedness secured hereby at once due and payable.
TRUSTEE'S DUTIES:
If requested by Beneficiary to foreclose this lien, Trustee shall:
1. Either personally or by agent give notice of the foreclosure sale as required by
the Texas Property Code, as then amended.
2. Sell and convey all or part of the property to the highest bidder for cash with a
general warranty binding Grantor, subject to prior liens and to other exceptions to
conveyance and warranty.
3. From the proceeds of the sale, pay, in this order:
a. Expenses of foreclosure, including a commission to Trustee of 5% of
the bid.
b. To Beneficiary, the full amount of principle, interest, attorney's fees,
and other charges due to unpaid.
c. Any amounts required by law to be paid before payment to Grantor.
d. To Grantor, any balance.
General Provisions
1. If any of the property is sold under this deed of trust; Grantor shall
immediately surrender possession to the purchaser. If Grantor fails to do so,
Grantor shall become a tenant at sufferance of the purchaser, subject to an
action for forcible detainer.
2. Recitals in any Trustee's deed conveying the property will be presumed to be
true.
3. Proceedings under this deed of trust, filing suit for foreclosure, or pursuing
any other remedy will not constitute an election of remedies.
4. This lien remains superior to liens later created even if the time of payment of
all or part of the note is extended or part of the property is released.
5. If any portion of the note cannot be lawfully secured by this deed of trust,
payments must be applied first to discharge that portion.
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B-4
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6. Grantor assigns to Beneficiary all sums payable to or received by Grantor
from condemnation of all or part of the property, from private sale in lieu of
condemnation, and from damages caused by public works or construction on or
near the property. After deducting any expenses incurred, including attorney's
fees, Beneficiary may release any remaining sums to Grantor or apply the sums
to reduce the note. Beneficiary is not be liable for failure to collect or to exercise
diligence in collecting any such sums.
7. Grantor assigns to Beneficiary absolutely, not only as collateral, all present
and future rent and other income and receipts from the property.
a. Leases are not assigned.
b. Grantor warrants the validity and enforceability of the assignment.
Grantor may as Beneficiary's licensee collect rent and other income and
receipts as long as Grantor is not in default under the note or this deed of
trust.
c. Grantor shall apply all rent and other income and receipts to payment
of the note and performance of this deed of trust, but if the rent and other
income and receipts exceed the amount due under the note and deed of
trust, Grantor may retain the excess.
d. If Grantor defaults in payment of the note or performance of this deed
of trust, Beneficiary may terminate Grantor's license to collect and then as
Grantor's agent may rent the property if it is vacant and collect all rent and
other income and receipts.
e. Beneficiary neither has nor assumes any obligations as lessor or
landlord with respect to any occupant of the property.
f. Beneficiary may exercise Beneficiary's rights and remedies under this
paragraph without taking possession of the property.
g. Beneficiary shall apply all rent and other income and receipts collected
under this paragraph first to expenses incurred in exercising Beneficiary's
rights and remedies and then to Grantor's obligations under the note and
this deed of trust in the order determined by Beneficiary.
h. Beneficiary is not required to act under this paragraph, and acting
under this paragraph does not waive any of Beneficiary's other rights or
remedies.
i. If Grantor becomes a voluntary or involuntary bankrupt, Beneficiary's
filing a proof of claim in bankruptcy will be tantamount to the appointment
of a receiver under Texas law.
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B -5
—252—
8. Interest on the debt secured by this deed of trust do not exceed the maximum
amount of nonusurious interest that may be contracted for, taken, reserved,
charged, or received under law.
a. Any interest in excess of that maximum amount shall be credited on
the principal of the debt or, if that has been paid, refunded.
b. On any acceleration or required or permitted prepayment, any such
excess shall be died automatically as of the_ acceleration or
prepayment or, if already paid, credited on "the principal of the debt or, if
the principal of the debt has been paid, refunded.
c. This provision overrides other provisions in this and all other
instruments conceming the debt.
9. In the event the property described in this deed of trust is subject to prior liens
in favor of third parties, any default under any prior lien instrument is a default
under this deed of trust.
10. When the context requires, singular nouns and pronouns include the plural.
11. The term "note" includes all sums secured by this deed of trust.
12. This deed of trust binds, inures to the benefit of, and may be exercised by
successors in interest of all parties.
13. The note secured by this deed of trust evidences funds advanced for a
portion of the purchase price of the property described in this deed of trust, and is
additionally secured by a vendor's lien on the property.
14. Upon the sale, rent, or change of ownership of the property described in this
deed of trust for any reasons, by any means, or upon the death of the Makers of
the Real Estate Note(s) secured by this deed of trust, the entire principal and
appropriate interest of the Real Estate Note(s) immediately become due and
payable without notice or presentment of any kind including, without limitations,
notice of intent to accelerate and notice of acceleration.
a. The Executive Director of the Corpus Christi Business and Job
Development Corporation may waive this requirement upon the written
request of the Makers of the Real Estate Note(s) or their heirs,
successors, and assigns.
b. Should the property no longer become the primary residence or should
there be a change of use, the entire principal and appropriate interest shall
immediately become due and payable without notice or presentment of
any kind including, without limitations, notice of intent to accelerate and
notice of•acceleration.
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B -6
—253—
Witness our hands this day of , 200_ A.D.
Name:
Name:
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the
200_, by
day of
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the day of
200_, by
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
Corpus Christi Business and Job Development Corporation
c/o City of Corpus Christi Economic Development Office
P. O. Box 9277
Corpus Christi, Texas 78469
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B -7
—254-
AFFORDABLE HOUSING PROJECT ADMINISTRATION AGREEMENT
This Affordable Housing Project Administration Agreement ( "Project Administration
Agreement ") is entered into between the Corpus Christi Business and Job Development
Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City ") for the
administration of the Affordable Housing Project Agreement between the Corporation
and Habitat for Humanity — Corpus Christi, Inc. for the construction of four new
affordable homes.
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas
Revised Civil Statutes (Development Corporation Act of 1979) empowered local
communities with the ability to adopt an optional local sales and use . tax as a means of
improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises, which authorized the adoption
of a sales and use tax for the promotion and development of new and expanded
business enterprises at the rate of one - eighth of one percent to be imposed for 15
years;
WHEREAS, in the same election, the residents of the City passed Proposition 2B,
Affordable Housing, which authorized the use of a portion of the sales and use tax
approved under Proposition 2 for affordable housing, up to $500,000 annually, so long
as there are projects for which the amount can reasonably be used;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated
under Proposition 2B for affordable housing was subsequently enacted by the City's
City Council ( "City Council "), and filed with the State Comptroller of Texas, effective
April 1, 2003, to be administered by the Corporation's Corporation of Directors
( "Corporation ");
WHEREAS, the Corporation issued a request for proposals for affordable housing
projects;
WHEREAS, Habitat for Humanity -- Corpus Christi, Inc. has submitted a proposal to the
Corporation for $150,000 for construction of four new affordable homes;
WHEREAS, the Corporation has determined that it is in the best interests of the citizens
of Corpus Christi, Texas, to fund the Habitat for Humanity -- Corpus Christi, Inc.'s
construction of four new affordable homes; and
WHEREAS, Section 501.073(a), Texas Local Government Code (formerly Section 21 of
the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised
Civil Statutes), requires the City Council to approve all programs and expenditures of
the Corporation;
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Gvh:h:4 12
WHEREAS, the Corporation and Habitat for Humanity -- Corpus Christi, Inc. have
executed a affordable housing project agreement for construction of four new affordable
homes, as authorized by the City Council.
In consideration of the covenants, promises, and conditions stated in this Project
Administration Agreement, the Corporation and the City agree as follows:
1. Project Administration Agreement to Implement Affordable Housing Project
Agreement. This Project Administration Agreement between the City and the
Corporation is executed to implement the Affordable Housing Project Agreement
between the Corporation and Habitat for Humanity -- Corpus Christi, Inc. ( "Affordable
Housing Agreement ") for construction of four new affordable homes.
2. Term. The term of this Project Administration Agreement runs concurrently with the
term of the Affordable Housing Agreement.
3. Services to be Provided by City.
a. The City Manager, or the City Manager's designee, shall administer funding
on behalf of the Corporation.
b. The City Manager, or the City Manager's designee, shall perform contract
administration responsigilities outlined in the Affordable Housing Agreement for
the Corporation.
4. Appropriation of Funds. Any future payments by the City are subject to
appropriation of funds by City's Council.
5. Effective Date. The effective date of this Project Administration Agreement is the
latest date that either party executes this Agreement.
6. Amendments or Modifications. No amendments or modifications to this Project
Administration Agreement may be made, nor any provision waived, unless in writing
signed by a person duly authorized to sign agreements on behalf of each party.
7. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision,
phrase or word of this Project Administration Agreement or the application of this
Project Administration Agreement to any person or circumstance is, to any
extent, held illegal, invalid, or unenforceable under present or future law or by a
final judgment of a court of competent jurisdiction, then the remainder of this
Project Administration Agreement, or the application of the term or provision to
persons or circumstances other than those as to which it is held illegal, invalid, or
unenforceable, will not be affected by the law or judgment, for it is the definite
intent of the parties to this Project Administration Agreement that every section,
paragraph, subdivision, clause, provision, phrase, or word of this Project
Administration Agreement be given full force and effect for its purpose.
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b. To the extent that any clause or provision is held illegal, invalid, or
unenforceable under present or future law effective during the term of this Project
Administration Agreement, then the remainder of this Project Administration
Agreement is not affected by the law, and in lieu of any illegal, invalid, or
unenforceable clause or provision, a clause or provision, as similar in terms to
the illegal, invalid, or unenforceable clause or provision as may he possible and
be legal, valid, and enforceable, will be added to this Project Administration
Agreement automatically.
8. Captions. The captions in this Project Administration Agreement are for
convenience only and are not a part of this Project Administration Agreement. The
captions do not in any way limit or amplify the terms and provisions of this Project
Administration Agreement.
The City of Corpus Christi Corpus Christi Business &
Job Development Corporation
'Angel R. Escobar Eloy Salazar
City Manager President
Date: Date:
Attest
Armando Chapa
City Secretary
Approved as to Legal Form: , 2009.
R. Jay Reining
First Assistant City Attorney
for City Attorney
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Affordable Housing Project Administration Agreement -- Habitat -- 10122009.doc
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18
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 27, 2009
AGENDA ITEM:
A. Resolution authorizing the City Manager or designee to execute all documents
necessary to accept the $314,901 grant from the General Land Office (GLO), Coastal
Management Program grant for support of .the Oso Bay Learning Center and Wetland
Preserve; land match is 77.07 acre parcel of land held by Coastal Bend Bays and
Estuaries Program.
B. Ordinance appropriating $314,901 from the General Land Office (GLO) Coastal
Management Program grant in the No. 1067 Parks and Recreation Grants Fund for land
acquisition for the Oso Bay Learning Center and Wetland Preserve; and declaring an
emergency.
ISSUE: The City has been notified of an award of $314,901 in funds for land acquisition
associated with the Oso Bay Learning Center and Wetland Preserve. The application for
funding was submitted to the General Land Office through the Parks and Recreation
Department in October 2008.
REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager
or his designee to accept and appropriate these funds.
PREVIOUS COUNCIL ACTION: Council approved the Oso Creek -Oso Bay Greenbelt,
Parks and Trails System Master Plan as part of the Parks, Recreation & Open Space
Master Plan on August 22, 2006. On February 24, 2009, Council approved purchase of
48.91 acre tract of land situated in parts of Section 32 and 31 Flour Bluff and Encinal Farm
and Garden Tracts, from the Coastal Bend Bays and Estuaries Program. (The GLO /
Coastal Management Program grant will fund $314,901 of the purchase price of this
property estimated to be approximately $541,000 plus closing expenses). The appraised
value of this property is estimated to be approximately $820,000.
FUNDING: GLO Coastal Management Program (CMP) Cycle #14 grant.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution
and ordinance.
Attachment: Background Information
Map —261—
ally Ga 'rector
Parks a `'d Recreation
361 -82 :13464
sallvg(a,cctexas. com
BACKGROUND INFORMATION
The GLO /CMP Cycle #14 grant will provide $314,901 for land acquisition of 48.91 acres
situated partially in Lot 3, 4, 11, 12, 17 and 18, Section 32 and Lot 17, Section 31, Flour
Bluff and Encinal Farm and Garden Tracts. These 48.91 acres will provide an additional
parcel of land to be used for the Oso Bay Learning Center and Wetland Preserve (map
attached).
On February 12, 2008 the City Council approved the property, known as the "Gaines Tract"
located between Holly and Wooldridge off of the new Oso Parkway, be held by Trust for
Public Lands (TPL). This action was taken to allow the City to use the designated park land
property as grant match for TPWD and GLO grants.
In January 2009 the City was notified by the GLO that the Oso Bay Learning Center and
Wetland Preserve proposal had been ranked number one in their CMP grant cycle and
recommended for $314,901 funding. The total cost of the property will be approximately
$541,000, therefore, the $314,901 grant award would pay for approximately half of the
property cost. However, the transfer of property needed to wait until October 2009 to
qualify for the GLO CMP grant.
The TPL was informed of the GLO CMP grant award but were unable to extend the current
agreement of sale with the City due to previous financial commitments. The City met with
the Coastal Bend Bays and Estuaries Program (CBBEP) to discuss the opportunity for this
organization to pay TPL for the land, and for CBBEP to hold the property until the new
closing date in October 2009. This would allow the City to still be eligible for the GLO CMP
grant award. CBBEP agreed to the transfer of the property.
On February 24, 2009 the City Council approved the purchase of the 48.91 acres from
CBBEP.
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Page 1 of 1
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE
ALL DOCUMENTS NECESSARY TO ACCEPT THE $314,901 GRANT
FROM THE GENERAL LAND OFFICE (GLO), COASTAL
MANAGEMENT PROGRAM GRANT FOR SUPPORT OF THE OSO BAY
LEARNING CENTER AND WETLAND PRESERVE; LAND MATCH IS
77.07 ACRE PARCEL OF LAND HELD BY COASTAL BEND BAYS AND
ESTUARIES PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS . CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute all documents
necessary to accept the $314,901 grant from the General Land Office (GLO), Coastal
Management Program Grant and the land match of a 77.07 acre parcel of land held by
Coastal Bend Bays and Estuaries Program for support of the Oso Bay Leaming Center
and Wetland Preserve.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Joe Adame, Mayor
APPROVED: . /5-
, 2009
iedvh
Lisa Aguila
Interim Ci ttorney
HALEG- DIRUeannie\Lisa\ Ordinances - Resolutions \RES- authG►aZt CBBEP- OsoBay.doc
Corpus Christi, Texas
day of , 2009
The above resolution 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
Page 1 of 2
ORDINANCE
APPROPRIATING $314,901 FROM THE GENERAL LAND OFFICE (GLO)
COASTAL MANAGEMENT PROGRAM GRANT IN THE NO. 1067 PARKS
AND RECREATION GRANTS FUND FOR LAND ACQUISITION FOR THE
OSO BAY LEARNING CENTER AND WETLAND PRESERVE; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. A $314,901 grant from the General Land Office (GLO) Coastal
Management Program Grant is appropriated in the No. 1067 Parks and Recreation
grants fund for land acquisition for the Oso Bay Learning Center and Wetland Preserve.
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 takes effect
upon first reading as an emergency measure this the day of October, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Joe Adame, Mayor
Approved: October 15, 2009
Lisa Aguila(f
Interim City Attorney
H ALEG -DI RWean nielisa \Ord finances- Resolutions \ORD- 102(8,rant- GLO- OsoBay.doc
Page 2 of 2
Corpus Christi, Texas
Day 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
H:\ LEG- DIRUeannie\ Lisa\ Ordinances- ResolutionstRES- auth62 L-E)- CBBEP- osoBay.doc
19
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
Date: October 27, 2009
A A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
GRANTS FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) FOR THE 2009 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
($4,318,248), HOME PROGRAM ($2,182,635), AND THE EMERGENCY SHELTER GRANT
PROGRAM ($149,354) AND TO EXECUTE ALL DOCUMENTS NECESSARY TO
IMPLEMENT THE CITY'S 2009 CONSOLIDATED ANNUAL ACTION PLAN AS
AUTHORIZED BY HUD.
CDBG FUNDING
(1) COASTAL BEND ALCOHOL AND DRUG REHABILITATION CENTER DBA CHARLIE'S PLACE
- $94,778
(2) COASTAL BEND CENTER FOR INDEPENDENT LIVING - $104,000
(3) COMMUNITIES IN SCHOOLS - $75,000
(4) CORPUS CHRISTI METRO MINISTRIES - $100,000
(5) DEL MAR COLLEGE/BUSINESS RESOURCE CENTER - $175,000
(6) MARY MCLEOD BETHUNE DAY NURSERY, INC. - $75,000
(7) NUECES COUNTY MENTAL HEALTH MENTAL RETARDATION CENTER - $102,164
(8) NEIGHBORHOOD CENTERS OF CORPUS CHRISTI, INC. - $46,000
(9) SEA CITY WORK CAMP - $50,000
HOME FUNDING
(10) CLIFF MAUS VILLAGE (CMV) TRUST - $110,000
(11) NUECES COUNTY MENTAL HEALTH MENTAL RETARDATION CENTER - $31,300
(12) TX LULAC WEST PARK HOUSING, L.P. - $300,000
(13) NUECES COUNTY COMMUNITY ACTION AGENCY - SINGLE FAMILY MORTGAGE
REVOLVING LOAN FUND (CHDO) - $130,000
(14) TG110, INC. /SAMUELS PLACE APARTMENTS (CHDO) - $200,000
ESG FUNDING
(15) CATHOLIC CHARITIES OF CORPUS CHRISTI - $12,000
(16) COASTAL BEND ALCOHOL & DRUG REHABILITATION CENTER D.B.A. CHARLIE'S
PLACE - $12,000
(17) CORPUS CHRISTI HOPE HOUSE - $12,000
(18) CORPUS CHRISTI METRO MINISTRIES - $30,000
(19) MARY MCLEOD BETHUNE DAY NURSERY, INC. - $12,000
(20) NEW LIFE FELLOWSHIP OF CORPUS CHRISTI, INC. - $5,000
(21) SOUTH TEXAS SUBSTANCE ABUSE RECOVERY SERVICES, INC. (STSARS) - $5,000
(22) THE ARK ASSESSMENT CENTER AND EMERGENCY SHELTER FOR YOUTH - $12,000
(23) THE SALVATION ARMY - $20,000
(24) TIMON'S MINISTRIES - $9,887
(25) WESLEY COMMUNITY CENTER - $12,000
B. AN ORDINANCE APPROPRIATING GRANTS FROM THE U. S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT IN THE NO. 1059 GRANT FUND OF $4,318,248
FOR THE 2009 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, $2,182,635
FOR THE HOME PROGRAM, AND $149,354 FOR THE EMERGENCY SHELTER GRANT
PROGRAM FOR APPROVED COMMUNITY PLANNING AND DEVELOPMENT PROJECTS
AND ACTIVITIES; AND DECLARING AN EMERGENCY.
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C. MOTION RATIFYING FUNDING AGREEMENTS WITH 2009 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM, HOME PROGRAM RECIPIENTS, AND
EMERGENCY SHELTER GRANT PROGRAM RECIPIENTS TO BE EFFECTIVE AUGUST
1, 2009.
ISSUE: Subrecipient agreements with nonprofit organizations who were awarded FY2009
CDBG, ESG and HOME funds need to be approved by the City Council, and subsequently
appropriate FY2009 CDBG, ESG and HOME funds received from the U.S. Department of
Housing and Urban Development (HUD).
PREVIOUS COUNCIL ACTION: On April 21, 2009, the City Council adopted the FY2009
Consolidated Annual Action Plan for Community Planning and Development Programs that
includes $4,277,509 for the CDBG Program, $149,354 for the ESG Program and
$2,004,000 for HOME Investment Partnerships (HOME) Program, totaling $6,430,863.
Thereafter, the City was notified of additional CDBG and HOME funding. As a result, on
May 26, 2009, City Council approved a revision to the FY2009 Consolidated Annual Action
Plan which increased the CDBG program to $4,318,451 and HOME program to $2,182,635
for projects /activities. Thereafter, the City was again notified there was an adjustment to
the CDBG program reducing the allocation by $203 which was taken from the CDBG
Program Administration. The final CDBG allocation totaled $4,318,248, no other changes
were made to the ESG or HOME programs (see Attachment A).
REQUIRED COUNCIL ACTION: Approve the resolution, to accept, implement and execute
the 2009 Consolidated Annual Action Plan and appropriate related grant funding.
RECOMMENDATION: Approve the resolution and appropriate funding as submitted.
Eddie Ortega
Neighborhood Services Director
• Eddieo@cctexas.com
361.826.3234
ADDITIONAL SUPPORT MATERIAL
Background Information
List of approved projects
BACKGROUND INFORMATION
Staff released a Pre - Application form, a prerequisite for submitting a Request for Proposal
(RFP) for the 2009 CDBG, ESG and HOME programs, on January 5, 2009 and was due on
January 23, 2009. This allowed staff to preliminary review potential projects that were
seeking federal funding. Subsequently, the Full Application /RFP was posted on the City's
website for interested parties in submitting which was due on February 27, 2009. Staff
forwarded the 2009 Consolidated Annual Action Plan (CAAP) books to City Council, which
consisted of all eligible proposed projects, on April 1, 2009. City Council held a public
hearing on April 14, 2009 concerning the 2009 CARP that included CDBG, ESG and
HOME project and activities, program income and reprogrammed funds totaling
$6,650,237 (final allocation); thereafter, the 2009 CAAP was approved by City Council on
April 21, 2009. Keep in mind, when Staff proceeded with the approval of the FY2009
CAAP, we were working with estimated program allocations with the final allocations
received by the City in May 2009.
The U.S. Department of Housing and Urban Development issued an approval of the 2009
CAAP to the City on September 22, 2009. As a result, staff is recommending to accept,
implement and execute the 2009 Consolidated Annual Action Plan and appropriate related
grant funding.
Rev. 06/26/09
ATTACHMENT A
CITY OF CORPUS CHRISTI
FY2009 CONSOLIDATED ANNUAL ACTION PLAN
FINAL ADOPTED FY2009 CDBG PROGRAM
FY2009 CDBG Allocation $3,390,739
Reprogrammed Funds $122,747
Program Income from Demolition liens and Property Clearance $204,762
Program Income from Single Family Rehabilitation Loan Program (Revolving Fund) $600,000
TOTAL FUNDS AVAILABLE FOR FY2009 CDBG PROGRAM $4 318 248
ADA Improvements in CDBG Areas
This project would address the needs of ADA Improvements to include a Master Plan in CDBG eligible areas.
It will include sidewalks where none exist and ADA compliant curb cut ramps. The implementation plan would
be an IDIQ Method ( Indefinite Design,Indefinite Quantity) which will allow the design consultants to evaluate
each identified priority area and determine scope, design and cost as well as perform construction
management. The priority list is attached (see Attachment #1) itemizes the locations identified be the ADA
Title 11 Comprehensive Evaluation and Transition Plan adopted by City Council on February 11, 2003 as well
as other priority areas indentified by the Mayor's Committee for Person with Disabilities.
$188,938
CDBG Program Administration
This project will fund staff salaries and administrative costs. Staff is responsible for administering the
Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency
Shelter Grant (ESG) Programs. Staff interprets CDBG, HOME, ESG and Continuum of Care federal
regulations, conducts public hearings /meetings, reviews proposed projects and activities to determine
eligibility, funding, monitors subrecipients, provides technical assistance, conducts environmental
assessments of funded projects /activities and enforces Davis Bacon federal wage rate requirements.
$447,620
Clearance of Vacant Properties Program
This activity will entail the clearance of vacant properties by the removal of weeds, rubbish, brush, debris
accumulation and other unsightly, objectionable or unsanitary matter in all CDBG eligible areas to include
designated Neighborhood Initiative Program (NIP) Areas. Liens may be placed against the properties to cover
the cost incurred.
$200,000
Code Enforcement Program
The salaries of (4) Code Enforcement Property Advisors, (2) Project coordinators (50%), Management
Assistant (50 %), Model Block Administrator (75 %) and Zone & Code Enforcement Administrator (25 %) will be
funded in the amount of $343,218. Also, includes for a Neighhorhood Planner in the amount of $49,831. The
Property Advisors /Project Coordinators are responsible for inspecting properties within CDBG Target Areas
for violations of City Code and Health Ordinances. The Neighborhood Initiative Program has 22
neighborhoods within CDBG Target Areas that are in need of compliance assistance (including Model Block
Program Site). The substantability efforts for these neighborhoods need continued monitoring and citizen
compliance; inspections are conduced on particular code violations.
$350,000
Cole's Gym
This is project is to replace two of the existing AC units for the gymnasium located at 924 Winnebago. The
existing units are past the life expectancy and new energy efficient units would lower over all operating cost.
$50,000
Demolition Program
This activity will facilitate the securing and /or removal of unsafe structures. The removal of unsafe structures is
a priority for neighborhood revitalization within the community. The Code Enforcement Staff identifies
structures that are occupied, unsecured, and dilapidated. The Building Standards Board (BSB) consists of City
Council- appointed members that review sub - standard building cases, where owner compliance is not
obtained, and orders the repair or demolition of the structures presented. The BSB processes have recently
been revised and sub - standard case procedures have been enhanced to provide efficient and effective
management. Liens may be placed against the properties to cover the cost incurred.
$200,000
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7
$400,000
Emergency Home Repair Grant Program *
Emergency repair grants up to $6,500, are provided to homeowners who are 65 years old or older or disabled
and very low income. Work is limited to roof repairs, plumbing, electrical, heating and minor structural repairs.
(A) If the $6,500 remains the same we are requesting $500,000 to assist 77 homeowners, (B) If the grant is
increased to $10,000 and the age requirement is lowered to 62 from 65, we project 132 homeowners seeking
assistance; therefore, we are requesting $1,320,000.
Greenwood Senior Center Increased Accessibility
Greater access is to be achieved by implementing public facility improvements of barrier removal for senior
center, principally benefiting a low and very low income neighborhood where this center is located. The
Greenwood center located at 4040 Greenwood is surrounded by an average of 29% of seniors living below
poverty and also 44-48% persons with disabilities and /or those using mobility devices will benefit form the
increased accessibility measures of new curb ramps, access aisles, crosswalk striping, and realigning
improved parking lot spaces.
$19,800
Health Department Increased Accessibility
As these citizens approach the Health Department located at 1702 Home Road, whether via motor vehicle or
public transportation, persons using mobility devices or strollers for their children will benefit from the
increased accessibility measures of new curb ramps, access aisles, crosswalk striping, and improved parking
lot spaces, i.e. : former staff only parking lot is now for general public use. Locally over 21% of the population
represents individuals with disabilities, including children as young as 5 years old.
$20,900
Model Block Program Neighborhood Revitalization
This request would support the Model Block Program Neighborhood Site #1: support the anticipated
commencement of Model Block Site #2 and would be essential in the continued support of projects in the
twenty -two Neighborhood Initiative Program sites that are in the CDBG Target Areas. Special projects such as
neighborhood clean up campaigns, materials for "do-it-yourself repairs, and " landlord workshops are
conducted to provide continuous efforts to prevent neighborhood deterioration and sustainability efforts.
Demolitions of substandard structures and clearance of properties are also a priority in order to eliminate
slums and blight in the NIP Sites. Short term projects will include minor /major repairs for homeowners; long-
term planning will be a direct benefit for aiding residents with mplementing projects.
$100,000
Mortgage Servicing
The funds being requested are for the operations of our mortgage servicing section and include the salaries of
one staff person that handles the servicing of all loans provided through the City's Single Family Rehabilitation
Loan Program. Our request includes funding for one additional staff person that will assist the one person
currently handling all mortgage servicing. Services include collection of loan payments; paying property taxes
and annual insurance premiums; managing the individual homeowner's escrow accounts; providing
homeowners with income tax form 1098; preparing end of year escrow analysis; processing of payment
booklets; preparing monthly end of month reports; conduct daily posting of payments; and handle release of
liens. Mortgage Services is currently servicing 850 different types of loans.
$58,700
Rehabilitation Services
The funds being requested are to pay the operating costs and salaries of staff that provide support services
for the administration of the Single Family Rehabilitation Loan Program; Emergency Home Repair Grant
Program; Homebuyer Programs; Loan Counseling, Homebuyer Classes; Support for the 4A Board, Model
Block Program, NIP Program: Support for the CCCDC; and Rental Rehabilitation Loan Program. These
programs are designed to assist low and very low income households. Services include loan processing;
developing specifications and plans; monitoring of construction projects through inspections; processing of
homebuyer applicants; conducting inspections and conducting homebuyer classes.
$622,000
Residential Traffic Management Program
In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides
for installation of speed humps to improve neighborhood traffic safety on local residential streets. This
program includes the possibility for residents to share in the cost of the installation of speed humps under
certain conditions. The purpose of this request to allocate CDB.G funds to bear the residents share of
installation of costs in qualified CDBG eligible tracts. The City of Corpus Christi will still bear the expense of
the City's share of the installation costs (which may range from 0% to 100 %).
$17,000
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$100,000
RTA Bus Stop Landing Pads and Accessible Routes In CDBG Areas - Categories 1 & 2
The project will address various bus stops that are not ADA compliant. This project will address the non
compliant issues of 1) ADA ramps 2) Accessible routes & ADA compliant bus stop landing pads for bus stops.
This project would begin as soon as funds are available with the first phase being design for ADA compliance
of deficiencies. Ths second phase would incorporate construction of the compliant facilities. Construction
dollars will be allocated to the highest priority bus stops locations first, and then proceeding down the list until
funding has been exhausted. The project will be matched 20/20/60% (CDBG /RTA/City Bond 2008).
Single Family Rehabilitation Loan Program
The Single Family Rehabilitation Loan Program provides zero percent and three percent interest loans to
homeowners interested in rehabilitating their homes. It is estimated that 1-4 units will be rehabilitated and 10-
15 units will be reconstructed. These funds will also be used to demolish and relocate homeowners being
assisted with the reconstruction of their homes. The funds provided for demolition and relocation will be
provided as a grant to the homeowner. Rehabilitation Loans (580,000), Demolition (192,900); Relocation
(232,000).
$610,000
United States Census 2010
Census 2010 is a decennial event to record and measure the growth and socioeconomic changes that have
occurred. City is participating in full association with appropriate Census 2010 staff to submit the essential
information necessary to meet all requirements. City Staff is focused on creating the necessary updates to
both the census tracts and block groups, as well as, all annexed properties added within the past ten years.
Staff is also participating with the 2010 Local Update of Census Address (LUCA) Project in order to verify all
address are correct and assist the Census 2010 staff in that process.
$36,348
Weed and Seed Program
The Weed and Seed Program is a comprehensive multi- agency approach to combating violent crime, drug
use and gang activity in high crime neighborhoods. The goals are to "weed" out crime from targeted
neighborhoods, while at the same time "seed" the target areas with a wide range of crime prevention
programs and Human Services to prevent crime from reoccurring within the target areas. This request is for
staff salaries for the support of the Weed and Seed Program.
$50,000
Zavala Senior Center Renovations
This project will consist of repair to the roof of the facility and associated damage to the interior caused by
leaks in the roof for the center located at 510 Osage Street. An evaluation of the foundation will also be
conducted to determine the cause of the cracks in the dry wall in the hallway.
$25,000
Coastal Bend Alcohol & Drug Rehabilitation Center d/b/a/ Charlie's Place
Install security fence, rehabilitate the parking lot and paint the exterior of the building at the new facility located
at 5501 IH 37 @ McBride Lane. Agency Capital Contribution $3,000
$94,778
Coastal Bend Center for Independent Living
Construction of home modifications /wheelchair ramps will provide 40 people with disabilities access to their
homes and community, a city-wide project.
$104,000
Communities in Schools (CIS)
The project will provide funding for Phase 1 of 3 improvements for the CIS /Gonzales Educational
Enhancement Center located at 702 S. Brownlee. Phase 1 will consists of funding replacement of the
deteriorated roof and installation; however, may expand scope to include additional improvements which is
contingent on availability of funding.
$75,000
Corpus Christi Metro Ministries
The project involves the demolition of the building at 1906 Leopard Street. The site will then be paved to
provide parking for staff and volunteers that serve the shelters and soup kitchen. Agency Capital
Contribution $5,000
$100,000
Del Mar College /Business Resource Center
Provide for small business counseling & training assistance; assistance with job creation /retention
opportunities for LMI & Section 3 persons /business. The requested' increase is to provide for a Section 3
database. Section 3 is subject to HUD requirements to ensure that employment and other economic
opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the
greatest extent feasible, be directed to low -and very low- income persons, particularly persons who are
recipients of HUD assistance for housing. Agency Capital Contribution $1,020,919
$175,000
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Mary McLeod Bethune Day Nursery, Inc.
Remove old, rotting prefabricated Building "C" from site and build new 3,000 square feet Building "C" in place
to serve low income and homeless child care located at 900 Kinney Avenue. Agency Capital Contribution
$5,000
$75,000
Mental Health Mental Retardation Center of Nueces County
Rehabilitate two buildings: Building one located at 1546 South Brownlee is proposing to replace the roof and
paint. Building two for youth services located at 3733 S. Port Avenue is proposing to replace the roof.
Agency Capital Contribution $5,000
$102,164
Neighborhood Centers of Corpus Christi, Inc.
The Molina Neighborhood Center located at 614 Home Road is in need of system upgrade and replacement
of two (2) air conditioning units which are over 25 years old and two other units which already need repairs.
The NC units benefits the children in child care facility. Agency Capital Contribution $5,000
$46,000
Sea City Work Camp
Adult and youth groups rehabilitate homes for approximately 20 low income, disabled and/or elderly
homeowners in Corpus Christi. CDBG funds will be used for materials, a city-wide project.
$50,000
CDBG PROGRAM TOTAL "
$4,318,248
* $100,000 of the approved $400,000 funding is set aside for the Northside area of the City
" The difference between City Council adopted amount & Staff /City Council Final Allocation is $40,942.
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4
ADOPTED FY2009 ESG PROGRAM *
FY2009 ESG Allocation $149 354
Catholic Charities of Corpus Christi
Provision of Homeless Prevention including short -term subsidies,
security deposits or 1st month's rent, mediation programs, legal
services and payments to prevent homelessness.
$12,000
City of Corpus Christi - ESG Administrative Cost
Administrative cost is being requested in essence to offset cost for the
participation in the Homeless Management Information System (HMIS).
HMIS is a HUD mandated database for those agencies receiving ESG
and Continuum of Care Grant Program Funds.
$7,467
Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's
Place
Provision of Essential services including services concerned with
employment, physical health and education for the homeless. Payment
of maintenance operations including rent, insurance, utilities and
furnishings.
$12,000
Corpus Christi Hope House
Provision of Essential services including services concerned with
employment, physical health and education for the homeless. Payment
of maintenance operations including rent, insurance, utilities and
furnishings. Provision of Homeless Prevention including short -term
subsidies, security deposits or 1st month's rent, mediation programs,
legal services and payments to prevent homelessness.
$12,000
Corpus Christi Metro Ministries
Provision of Essential services including services concerned with
employment, physical health and education for the homeless. Payment
of maintenance operations including rent, insurance, utilities and
furnishings. Provision of Homeless Prevention including short -term
subsidies, security deposits or 1st month's rent, mediation programs,
legal services and payments to prevent homelessness.
$30,000
Mary McLeod Bethune Day Nursery, Inc.
Provision of essential services including services concerned with
employment, physical health and education for the homeless. Payment
of maintenance operations including rent, insurance, utilities and
furnishings.
$12,000
New Life Fellowship of Corpus Christi, Inc.
Payment of maintenance operations including rent, insurance, utilities
and furnishings.
$5,000
-278-
* Must participate in the Continuum of Care process
-279-
2
$5,000
South Texas Substance Abuse Recovery Services, Inc. (STSARS)
Provision of Homeless Prevention including short -term subsidies,
security deposits or 1st month's rent, mediation programs, legal
services and payments homelessness.
The ARK Assessment Center and Emergency Shelter for Youth
Payment of maintenance, operations including rent, insurance, utilities
and furnishings.
$12,000
The Salvation Army
Provision of essential services including services concerned with
employment, physical health and education for the homeless. Payment
of maintenance operations including rent, insurance, utilities and
furnishings.
$20,000
Timon's Ministries
Payment of maintenance operations including rent, insurance, utilities
and furnishings.
$9,887
Wesley Community Center
Payment of maintenance operations including rent, insurance, utilities
and furnishings.
$12,000
ESG PROGRAM TOTAL
$149,354
* Must participate in the Continuum of Care process
-279-
2
ADOPTED FY2009 HOME PROGRAM
FY2009 HOME Allocation
Program Income
TOTAL FUNDS AVAILABLE FOR FY2009 HOME PROGRAM
$1,782,635
$400,000
$2,182,635
Homebuyer Assistance Program ($5,000)
Provide deferred forgivable loans to low income homebuyers to assist them with down
payment and closing costs for the purchase of a home.
$383,071
Home Administration/Technical Assistance
Administrative funds for staffing, planning, oversight, coordination, staff supervision,
monitoring and evaluation, contracting, recordkeeping /reporting and overall program
management. Technical assistance will be provided to enhance the capacity of
CHDO's, non - profits, owners /investors of rental property and other organizations that
may participate in the program. May include administrative funds for direct operating
support for the CHDO's.
$178,264
Major Rehabilitation
Provide loans to low income homeowners to assist them with major rehabilitation of
their homes.
$550,000
Model Block Program Neighborhood Revitalization
Neighborhood Services Department is requesting support for the neighborhood
revitalization projects within the Model Block Program (MBP) Site #2 dedicated to the
purchase of land, housing rehabilitation, new construction of single famly housing (infill
housing); homebuyer assistance and other eligible improvements projects to be
established by the participating neighborhood.The MBP is a comprehensive plan to
provide opportunities and resources for an improved quality of life in a designated
neighborhood/target area identified for potential revialtization and development. The
MBP is designed to identify and address several major issues within a targeted area
including; Neighborhood and economic stability; prevention of further housing and
neighborhood deterioration; resource availability; land assembly for renovation and
redeveloment (infill housing); afffordable housing development and special needs
housing.
$300,000
Cliff Maus Village (CMV) Trust
CMV Trust, a 110 -unit complex located at 1458 West Point Road for Section 8 and low
income residents, is requesting for additional funding for sewer re- routes for 10
housing units with 40 year old underground cast iron pipes with varying degrees of
deterioration and renovations of 13 inhabitable units.
$110,000
Nueces County Mental Health Mental Retardation Center (NCMHMR)
NCMHMR located at 1642 S. Brownlee will replace roof, refurbish fascia boards and
paint exterior of the Pathways Building which provides for transitional housing for
NCMHMR clients.
$31,300
TX LULAC West Park Housing, L.P.
This is a request for additional funding for a 124 -unit multi - family rehabilitation tax credit
project, with 1, 2, & 3 bedroom units for families at or below 60% of the AMI.
$300,000
Nueces County Community Action Agency - Single Family Mortgage Revolving
Loan Fund - CHDO
Provide interim construction for three homes and upon completion of the construction
then convert into permanent mortgage financing for qualified households.
$130,000
-280-
TG 110, Inc. /Samuels Place Apartments - CHDO
Replacement of roof and gutter system in a 60 -unit multifamily complex located at 4315
Carroll Lane benefiting a low to extremely low income property.
$200,000
HOME PROGRAM TOTAL ""
$2,182,635
Subrecipients /Other Entities /CHDOs are contracted thru the CCCIC or the CCHFC
•* HOME administration (10 %) proportionately increases in allignment with the entitlement allom
"` The difference between City Council adopted amount & Staff /City Council Final Allocation is $178,635.
""' Recently were notified Costa Tarragona II was denied Low Income Housing Tax Credits, funds were reallocated to other
COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS ( CHDOs) - The City of Corpus
Christi must set aside, by HOME program federal regulations, a minimum of 15% ($267,396) of
the entitlement for use by CHDOs within a 24 -month period. This is an estimated total and
-281-
9
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
GRANTS FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) FOR THE 2009 COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM ($4,318,248), HOME PROGRAM
($2,182,635), AND THE EMERGENCY SHELTER GRANT PROGRAM
($149,354) AND TO EXECUTE ALL DOCUMENTS NECESSARY TO
IMPLEMENT THE CITY'S 2009 CONSOLIDATED ANNUAL ACTION
PLAN AS AUTHORIZED BY HUD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept grants from the
U. S. Department of Housing and Urban Development (HUD) for the 2009 Community
Development Block Grant Program ($4,318,248), HOME Program ($2,182,635), and the
Emergency Shelter Grant Program ($149,354) and to execute all documents necessary
to implement the City's 2009 Consolidated Annual Action Plan as authorized by HUD.
ATTEST:
Armando Chapa
City Secretary
APPROVED: October 20, 2009
Eliz- .e h R. Hundley
Assi - nt City Attorney
for the City Attorney
EHres254.doc
—282—
CITY OF CORPUS CHRISTI
Joe Adame
Mayor
Corpus Christi, Texas
day of , 2009
The above resolution 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
AN ORDINANCE
APPROPRIATING GRANTS FROM THE U. S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT IN THE NO. 1059 GRANT
FUND OF $4,318,248 FOR THE 2009 COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM, $2,182,635 FOR THE HOME PROGRAM,
AND $149,354 FOR THE EMERGENCY SHELTER GRANT PROGRAM
FOR APPROVED COMMUNITY PLANNING AND DEVELOPMENT
PROJECTS AND ACTIVITIES; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Grant funding in the amounts of $4,318,248 for the 2009 Community
Development Block Grant Program, $2,182,635 for the 2009 HOME Program, and
$149,354 for the 2009 Emergency Shelter Grant Program received from the U. S.
Department of Housing and Urban Development is appropriated in the No. 1059 Grant
Fund for approved community planning and development projects and activities.
SECTION 2. Upon the 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
, 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: October 20, 2009
4. /Eliza • - , R. Hundley
Assis nt City Attorney
for the City Attorney
EHord285.doc
—284—
Joe Adame
Mayor
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,
Council Members
Joe Adame
Mayor
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
—285—
EHord285.doc
20
AGENDA MEMORANDUM
City Council Action Date: October 27, 2009
SUBJECT: State School Sports Complex, Phase 1 (Project No. 3144)
Old State School Property Development, Phase 2 (Project No. 3388)
CIP No. BOND ISSUE 2008 NO. 51
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with KJM
Commercial, Inc. of Corpus Christi, Texas in the amount of $1,800,845.30 for the State School Sports Complex,
Phase 1 and Old State School Property Development, Phase 2 for the Base Bid.
ISSUE: This project is part of Bond Issue 2004 and Bond Issue 2008 to continue the development of the 92 acre
State School property. This tract of land was purchased from the State in 1999 by the Corpus Christi Industrial
Development Corporation. The first 52 acres were developed into sports fields including current leases by the
International Westside Pony League, Sparkling City Girls Fast Pitch and Universal Little Leagues in addition three
City fields. This project proposes to continue the development of the remaining 40 acres, including the future site
for the "Miracle Field" donated by local Rotary Clubs.
Phase 1 was approved under Bond Issue 2004 for the initial infrastructure to include limited parking and trails to
support the youth football and adult soccer fields with a public restroom. The funding was programmed to request a
$500,000 grant for matching funds from the Texas Parks and Wildlife Outdoor Recreation Program that was denied
in 2004 and again in 2006.
Phase 2 was approved for $1,750,000 under Bond Issue 2008 to expand parking, trails and park amenities
including a second public restroom. The final scope was developed and prioritized during the design phase within
the available funds to include the pavilion with grass amphitheater, a playground with ADA accessibility, two youth
football fields, two basketball courts, surface improvements for five future youth soccer fields, two multi - purpose
grass sport fields, restrooms and a skating area. Phase 1 and 2 were combined under one project to maximize
resources and accelerate construction of both phases.
FUNDING: Funding is available from the FY 2009 Capital Budget and Capital Improvement Planning Guide.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Sally Ga k,
Director r f Parks and Recreation
826 -346
sallyq ncctexas.com
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
Pete Anaya, P.E.,
Director of Engineering Services
826 -3781
peteanacctexas. com
-289-
w.twnmmvelmaRGENIPARKS & RECG3388 OLD STATE SCHOOL PROP DEVELOPMENTICONSTRUCTIONI2 AGENDA MEMO.doc
BACKGROUND INFORMATION
SUBJECT: State School Sports Complex, Phase 1 (Project No. 3144)
Old State School Property Development, Phase 2 (Project No. 3388)
CIP No. BOND ISSUE 2008 NO. 51
PROJECT DESCRIPTION: This project provides the construction to expand the sports
field complex at the State School Complex near the corner of Airport Road and Home
Drive. The project includes a base bid with additive alternates as follows:
Base Bid: The base bid consists of construction for both Phases 1 and 2 of the State
School Sports Complex to include demolition of the old municipal airport runway /taxiways
structures with construction of two youth football fields, a neighborhood playground,
practice baseball field, two restrooms, two basketball courts, a pavilion with amphitheatre,
seven soccer fields, two multipurpose fields, a 10' walking trail, parking lots, sidewalks,
utilities, landscaping and miscellaneous work in accordance with the plans and
specifications. The site will be ADA compliant and also includes the future site for the
Miracle Field.
Additive Alternate No. 1: Provides for a third restroom facility.
Additive Alternate No. 2: Provides for a grass berm structure for the amphitheater
area.
Additive Alternate No. 3: Provides for skate park foundation.
BID INFORMATION: On September 30, 2009, the City received proposals from six (6)
bidders (see Exhibit "C" Tabulation of Bids). The bids range as follows:
Phase 1 Base Bid
from
$730,845.48
to
$1,046,836.05
Phase 2 Base Bid
from
$1,059,024.89
to
$1,274,464.00
Additive Alternate No. 1
from
$89,834.34
to
$122,272.00
Additive Alternate No. 2
from
$19,531.30
to
$40,321.00
Additive Alternate No. 3
from
$33,500.00
to
$72,916.00
The estimated cost of construction was $1,780,900. KJM Commercial, Inc. of Corpus
Christi, Texas was the low bidder on the project. City staff and consultant, Naismith
Engineering, recommend a contract be awarded to KJM Commercial, Inc. in the amount of
$1,800,845.30 for State School Sports Complex, Phase 1 and Old State School Property
Development, Phase 2 only.
EXHIBIT "A"
Page 1 of 2
H:\HOME \VelmaP\GEN\PARKS & REC\338B OLD STATE SCHOOL PROP DdyerIQ1CONSTRUCTION13 AGENDA BACKGROUND.doc
Although the recommendation is for the award to KJM Commercial, Inc., it is important to
note that this is only KJM Commercial, Inc.'s second project with the City and that they did
not demonstrate significant relative experience with this size and type of work. KJM
Commercial Inc.'s first project was the recently awarded Heritage Park Renovation project.
BARCOM brings both significant experience with the City and similar projects, and was
also recently awarded the South Guth Ball Field Relocation project. With BARCOM's base
bid of $1,802,235.51, there is only a difference of $1,390.21 between the bids.
CONTRACT TERMS: The project is estimated to require 240 calendar days, with
completion anticipated in July 2010.
BACKGROUND: This project was approved Bond Issue 2004 and Bond Issue 2008.
Phase 1 and 2 were combined under one project to maximize resources and accelerate
construction of both phases. A future phase will be required to complete all amenities on
the property.
City Council approved a grant application for matching funds in 2004 and a re- application
in 2006 for the Texas Parks and Wildlife Outdoor Recreation Program. Both applications
were denied by the Texas Parks and Wildlife Outdoor Recreation Program.
The "State School Property" is a partially developed 92 acre tract of land in the central part
of Corpus Christi on the western boundary of the Corpus Christi State School (Texas
Department of Aging and Disability Services). The planned amenities will provide a variety
of recreational opportunities and outdoor experiences, as well as provide citizens a place to
enjoy the natural resources of our area. This new complex will compliment an existing
Parks & Recreational Complex on the eastern boundary of the State School. The existing
complex includes twelve (12) sports fields. Nine (9) of the fields are leased out by the City
of Corpus Christi to three (3) different youth leagues: Sparkling City Girls Fast Pitch,
International Westside Pony League, Universal Little League with the three remaining
fields managed by the City Parks and Recreation Department. The master plan for the
new complex includes twelve (12) new sports fields, two basketball courts, skate park area,
pavilion and amphitheatre along with playgrounds, restrooms, parking, trail system and
radio controlled airplane area. The new park was also coordinated with the Rotary Club to
accommodate a future Miracle Field (by others).
The State School Property is the site of the old municipal airport which was relocated to the
present location. In 1966, the State gave a "license" to operate a "Little League Baseball
project and do other things of a recreational nature ". In 1989, Community Development
Block Grant funding was awarded to the leagues for part of the land. The Corpus Christi
Industrial Development Corporation has held the deed to the State School Property
specifically for the future public purpose of park and sports fields' development.
EXHIBIT "A"
Page 2 of 2
H:\HOME\VelmaP\GEN \PARKS & REC\3388 OLD STATE SCHOOL PROP DEVEL F E1 CONSTRUCTION\3 AGENDA BACKGROUND.doc
PRIOR PROJECT ACTIONS
SUBJECT: State School Sports Complex, Phase 1 (Project No. 3144)
Old State School Property Development, Phase 2 (Project No. 3388)
CIP No. BOND ISSUE 2008 NO. 51
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)
4. April 28, 2009 — Motion authorizing the City Manager, or his designee, to execute a
Contract For Professional Services with Naismith Engineering, Inc, of Corpus
Christi, Texas in the amount of $141,349, for design, bid, and construction phase
services, for the Old State School Property Development, Phase 2. (Motion No.
M2009 -118)
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).
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 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05
Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120
non - local).
—292—
EXHIBIT "B"
Page 1 of 2
..... a ........ .rte ...........nenn nc,.ci no..c.trrnracrot trnnmu ootno oon tc•T nrrtnuc A....
5. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No.
2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and
120 non - local).
6. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No.
2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and
120 non - local).
7. June 25, 2009 — Administrative approval of Agreement for Construction Materials
Engineering Laboratory's Inspection and Materials Testing Services with Rock
Engineering & Testing Laboratory in the amount of $4,680 for the Old State School
Property Development, Phase 2.
—293—
EXHIBIT "B"
Page 2 of 2
H:\HOME\VelmaP\GEN\PARKS & REC\3388 OLD STATE SCHOOL PROP DEVELOPMENT\CONSTRUCTION\4 PRIOR PROJECT ACTIONS.doc
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hoof Sports Complex, Ph 1 (Proj No. 3144), Old
hoot Property Developmt, Ph 2 (Pro' No. 3388)
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PRIME COAT, MC -30 (0.15
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EXCAVATION AND SUBGRADE
PREPARATION
PAVEMENT STRIPING
CROSSWALK (THERMO- PLASTIC)
WHEEL STOPS (ADA SPACES)
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EXHIBIT "C"
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EXHIBIT "C"
Page 14 of 14
PROJECT BUDGET
STATE SCHOOL SPORTS COMPLEX, PHASE 1
PROJECT NO. 3144
OLD STATE SCHOOL PROPERTY DEVELOPMENT, PHASE 2
PROJECT NO. 3388
October 27, 2009
FUNDS AVAILABLE:
Bond Issue 2004 $500,000.00
Bond Issue 2008 No. 51 1,750,000.00
Total $2,250,000.00
FUNDS REQUIRED:
Construction (KJM Commercial, Inc.) $1,800,845.30
Contingencies (5 %) 180,085.00
Consultant (Naismith Engineering) 141,349.00
Reimbursements 95,220.70
Testing (lock Engineering & Testing Laboratory) 30,000.00
Misc. (Printing, Advertising, etc.) 2,500.00
Total... $2,250,000.00
FUNDS REMAINING $0.00
-308-
EXHIBIT "D"
Dftnn I of 9
\Mproject\councilexhibits\exh31 44. dwg
PROJECT SITE
State School Sports Complex
Phase 1 & Phase 2
State School Sports Complex
Phase 1 Bond 2004 &
Phase 2 Bond 20 s 19-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 10/27/2009
i;itiii
=NW NM
OW NMI
=V MIN
21
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Columbus Sailing Association Presentation regarding the Columbus
Ships
OUTSIDE PRESENTER(S):
Name Title /Position Organization
1. John E. Torrey President Columbus Sailing Association
Margie C. Rose
Assistant City Manager
marg ierecctexas. corn
361.826.3232
PowerPoint
Supplemental Information
I
I
,EFEEFEEE22:::
a
gEENIKKE.ed
22
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Council Update on Process Improvements in the Development
Services Department
STAFF PRESENTER(S):
Name Title /Position Department
1. Juan Perales, P.E. Interim ACM DSD
2. Sylvia Arispe, CPM Cust. Srv. Mgr DSD
3.
OUTSIDE PRESENTER(S):
Name Title /Position
1. George Arimes President
2.
3.
Organization
Horizon Centre, Inc
BACKGROUND:
In May 2009, Council requested regular updates on the process improvements
occurring in Development Services.
REQUIRED COUNCIL ACTION: None
fit' i
4\/
Juan Perales, Jr. P.E.
Interim Assistant City Manager
Development Services
Johnnyp @cctexas.com
PowerPoint
Supplemental Information
Exhibit 1 Sample of "Development 101"
Exhibit 2 Case Study Training Information
Exhibit 3 Sample of Performance Measurement
Exhibit 4 Sample "Customer Bill of Rights "g 1_
EXHIBIT 1
DEVELOPMENT 101 - AN INTRODUCTION TO DEVELOPMENT SERVICES
The Department of Development Services was created in 2003 as a way to
centralize all development activity into one comprehensive department. It
included departments that were previously separate such as Building
Permitting, Planning, Development Engineering, and some Code Enforcement
aspects.
Since it's inception, the department has struggled to find some firm ground and
create a solid business plan that combines all the these divisions and creates a
business process that makes sense for the customer and our employees.
In 2005, the firm Horizon Centre was brought in to help develop a business plan
that was centered on the customer's project rather than their application for
service, i.e., more than just their zoning case, building permit, or plat. The
project- oriented design strives to deliver a service to the customer where the
resources and information come to the customer, rather than the customer
seeking out the resources and information; and perhaps only finding out small
portions of information and having other items rear their head towards the end
of the project.
Let's take a look at some key components of the department and how they
interact. We will cover four (4) areas: the organizational chart, budget,
divisions, and technology.
Department Make -up
The department is composed of 5 key divisions:
Project Management /Customer Service
Planning
Development Engineering
Building Permitting
Administration /HR /Finance
C:\DOCUME -1 \danielm\LOCALS -1 \Temp \Op Concepts.doc
—332—
EXHIBIT 1
If we look at each division by its role in the standard neighborhood street, it
would look like this:
Development
Engineering reviews
and approves the
width and
construction of the
street, the location
of the hydrants, the
location of the
lighting fixtures, and
the location of the
stop signs during the
plat process; more
importantly, the
drainage of the
subdivision.
(1.2.141
Building division
reviews the plans for
construction, issues
the permit, and
handles the subsequent
inspection of all the
systems including
mechanical, plumbing,
building, electrical,
and backflow.(8)
Planning is
determining allowed
uses, street widths,
setbacks in the front
and side yard, as well
as how large a
structure can fit on the
lot. (5,6,7)
C:\DOCUME.1 \danielm\LOCALS -1 \Temp \Op Concepts.doc
—333—
Project Management ties it
all together!
EXHIBIT 1
Individually, each division handles a key critical component of the process. The
customer has no real interest into which component or who does what, the
customer merely wants to get their project off the ground and completed; this
is the aspect we are working towards, a project oriented system rather than
separate piecemeal approvals that may not match at the end.
Project Management aims to help each division tie together and give the
customer the big picture approval they are seeking. To do this, the project
management staff, and you must understand what each division does and
where they can assist the customer.
To better describe each division, let's dig a little deeper into their job duties.
Project Management /Customer Service
The Project Management Division works to implement the new business
process, treating all customers' requests as projects and encompassing all
reviews and approvals that are necessary in one shot. This area works with
sometimes very high profile projects that require critical assistance at an
important milestone to see the project through to completion.
This division also handles all the customer complaints arising from development
or permit related issues. It attempts to work with all other city agencies to
create a solution for the customer.
Lastly, but perhaps most importantly, this division is comprised of the first line
of defense that the customer interacts with on a daily basis. Counter and
Phone assistance resides in this division. This division is also home to some key
support staff out of other divisions.
Planning
The Planning Division is composed of three (3) components: Comprehensive
Planning, Ordinance Administration, and Technical Review /Enforcement.
C:\DOCUME -1 \danielm\LOCALS -1 \Temp \Op Concepts.doc
—334—
EXHIBIT 1
The Comprehensive Planning section helps "plan" where and how the city
grows, what type of roads are needed in certain areas, what type of businesses
can go in each area, etc. These may seem unimportant to a customer's project
at the onset, however, the Comprehensive Planning section plays a major rote
in infrastructure (water, wastewater, storm water, gas, roads) development in
the City. For example, along a corridor of the city where multi - family or
apartments, tend to exist, we need to make sure the water lines, waste water
tines, roads, etc are adequate to handle the capacity. Infrastructure planners
rely on land use planning when make costly decisions such as budget and
capital improvements. For the customer, the feasibility of the location of their
project may be at risk if there is not adequate water pressure for example for
water hydrants and fire protection.
The Ordinance Administration division of Planning manages the Zoning
Ordinance of the City of Corpus Christi. The Zoning Ordinance is the legal
document adopted by City Council to manage land use and related uses. The
zoning ordinance defines what uses are allowed in what zone, parking and
screening requirements, as well as landscaping, and in some areas even
dictates color pallets that can be chosen. This section also manages requests to
change zoning on a piece of property. These requests go to Planning
Commission for recommendation and then to City Council for final approval.
Once approved all of the formal maps and documents are changed to allow the
customer to get their project off and running. This section has some very
stringent state law requirements that must be met in regards to posting
notices, signs, and advising all neighboring property owners of the intent to
"re- zone" the property.
The Technical Review /Enforcement sections reviews building plans and other
construction documents to ensure they are meeting the requirements of the
Zoning Ordinance. In addition, they perform field work to ensure that what was
submitted for review is actually what was built. Follow up inspections as much
C:\DOCUME- 1\danielm\LOCALS -1 \Temp \Op Concepts.doc
—335—
EXHIBIT 1
as a year later to ensure landscaping is still in place are common in this
section.
Development Engineering
The Development Engineering section, also referred to as Special Services, is
composed of three (3) primary divisions, Subdivision Administration
Construction Review, and Construction Inspection.
Subdivision, also referred to as "platting" occurs when the customer has a
parcel of property and wants to subdivide that portion into one or more lots.
This process has very technical guidelines as well as state law requirements
that must be met. Engineering companies are typically involved and create
very technical documents that the city reviews. In many requests for
subdivision, the building of roads and other infrastructure is required, and
therefore the Construction Review division becomes involved.
Construction Review reviews the plans submitted as part of the subdivision
request. In addition, they review any building plans that will impact the
current or future infrastructure. For example, building plans submitted for a
large commercial retail center may have issues ensuring that there is adequate
water pressure to provide fire protection.
Construction Inspection work hand in hand with Engineering (City Hall) to
ensure what was built was built according to City specifications and also as per
the submitted and approved set of plans.
Building Services Division
The building services division is composed of three (3) sections: Building Plan
Review, Building Inspection, and Enforcement.
C :\DOCUME -1 \danielm\LOCALS -1 \Temp \Op Concepts.doc
—336—
EXHIBIT 2
DEVELOPMENT SERVICES TRAINING- A CASE STUDY
Case Study #1
Background: Commercial
In June 2009, a customer comes into the office near the lunch hour. He wants to construct
a dune walkover on the island in order to get from his home to the beach. A planner is
called to the counter and assists the applicant. He provides the application, information
on meeting dates, accepts the money, and puts the case on the docket for the next
regularly scheduled meeting. The applicant is informed of the review time, etc. The case
is put on the docket and the customer awaits formal approval by the commission. The
commission recommends approval and the customer receives a letter stating "ok to
construct" or other similar language. The customer begins construction without a building
permit and is issued a stop work order. Upon further investigation, it is determined that
this customer is constructing a pool and cabana fora private club. Since the, area is in a
flood zone, specific construction requirements must be met, none of which have been.
The customer will be forced to rebuild, alter, or modify the construction, plans, and other
specs made in conjunction with the construction. They must also go thru plan review and
the building permit approval process. During the plan review stage, the customer is
advised they must meet ADA requirerments:(which were not planned) and must modify
all construction.
Background:
Case Study #2
In July 2009, a customer comes in to request a foundation repair permit. They have all of
the appropriate paperwork including a recent survey and current site plan of the property.
We issue the foundation repair permit. Two weeks later, the customer returns for a permit
for an addition to be put on the rear of the house. After review of the plans, we determine
the house is encroaching into the side yard by 1 ft; i.e., they have a 4 ft setback instead of
a 5ft setback. A planner is called up and the customer is advised they basically have a
non - conforming structure and as such they can not expand, or put the addition on. The
customer is informed of the 4ft issue and offers to change the plans to show a 5ft setback
for the addition, i.e., offsetting the addition by an extra foot to get into compliance with
the new addition. Planning staff advises they can not do that and the customer must go
before ZBA to get a variance of the setback. The customer explains that her house was up
in the air 2 weeks ago and it would have been very easy for the engineer to move the
house over 1 ft had they been told at that time there was an encroachment issue.
A through review of the plans shows plan review staff make note of the 4ft, but make no
mention to the customer.
The department offers to "sponsor" a ZBA case pushing this forward to allow the
addition. The customer asks MG material to return the $10,000 worth of material she has
purchased and pays a $41 return fee.
EXHIBIT 2
After intake of the application, the application is up for review. The planner assigned to
ZBA does not agree with the interpretation and asks legal for a review of the application.
Legal advises the new addition can be pushed back to 5ft and the expansion does not
affect the portion of the house that is non - conforming, and therefore a permit must be
granted if all other conditions are met.
The applicant is called in and advised of the findings. She wants to pursue ZBA to
enclose a porch that is in the front yard setback. Planning staff advise they will get back
to her the next day with their finding. The next day the customer is advised of a section in
the ordinance allowing her to enclose the porch in the setback and rebuild a section of the
porch 3 ft into the front yard. The customer reorders her material and is charged an
additional $300 due to a change in price of the concrete material she was using.
In this case the house is under construction.
Case Study #3
A customer comes into the development services center and applies for'an electrical
repair permit. The permit states "single family residence" and "replace meter can". The
customer is granted a permit. An inspector on staged tags the inspection and advises the
customer it appears as if the structure is a duplex or apartment and must have a separate
meter. The customer must wire that part of the house separately and can do so under this
permit. The homeowner advised the electrician he hired and the work begins. Upon the
next inspection called for, the "electrical rough inspection ", the inspector approves the
work and states in standard language, "Ok to Cover". The customer purchases sheetrock
and other material and begins making the necessary repairs to the wall. Upon completion
of the work, the customer calls for his "electrical final". ,Upon the inspectors arrival, he
checks the H.T.E system and notices the house is zoned R -1B, single family residential,
and a duplex or apartment are not allowed in the zone and promptly tells the customer to
remove the work that was recently completed as it is not allowed in the zoning district he
is in.
FOLLOW UP QUESTIONS TO EACH CASE STUDY:
1. What do you think, if anything went wrong?
2. What codes, ordinance, etc should have been followed referred to, etc?
3. Which technology tool could have helped or did help the situation?
4. Was this a Project Management issue that was not identified?
5. What could we improve on in the future?
6. Did we provide the best customer service possible?
Development Services
MISSION
Helping Build the Commnity by Providing the Best Services Possible
SERVICE STRATEGY
A Project Approach with Comprehensive Information
A Single Point of Contact or Project Manager for Your Project
Customer Sits in One Chair
Early Assistance
Consistent Intake Standards
Customer Partnership Into All Phases of the Approval Process
A Fair and Consistent Issue Resolution Process
Improved Technology for Better Customer Access
Customer Input into the Process and Department
EXHIBIT 3
COUNCIL GOALS
Adopt the Unified Development Code
Continue Business Process Improvements such as:
Generate interim reports from ongoing customer and employee surveys, and use report information to refine
improvement plan/efforts.
Complete development of customer service tools such as checklists, scripts, frequently asked questions (FAQ's), and
Continue ongoing technical and customer service training for staff.
Complete hiring of critical vacant positions.
Complete implementation of HTE business process software upgrades and training.
Continue regularly scheduled small and large group employee meetings.
Continue increased industry/public outreach efforts.
OUR APPROACH
Our Balanced Scorecard should be the sampling and the data verification of our internal measures and our
Customer Survey. Our thought is that if we are doing what we promise our customers in terms of turn around
times, etc, (internal numerical measures) then the balanced score card will reflect that and it will be validated by
the customer survey. Data should be seamless and tie together to avoid any redundancy. In addition, the data
should be substantive and measure what is important to our customer and our department to deliver quality
service.
C: IDOCUME- 141anielm\LOCALS- 11Tempaept Final
-339-
EXHIBIT 4
DEVELOPMENT SERVICES
CUSTOMER BILL OF RIGHTS
1. You have the right to be treated with courtesy and respect in every
single transaction you have with us.
2. You have the right to be helped in a timely manner.
3. You have the right to ask questions and seek additional information.
4. You have the right to ask for specific code citations and specific
examples of when a requirement has applied before.
5. You have the right to seek alternate methods as a llowed in any code or
ordinance.
6. You have the right to seek relief from the appropriate agency or
commission such as City Council, Zoning Board of Adjustment, Planning
Commission, Building Code Board of Appeals, Electrical Advisory Board,
and the Plumbing and Mechanical Advisory Board.
7. You have the right to communicate your issue with the City Manager's
Office, the Assistant City Manager for Development Services, Division
Heads within Development Services, and your elected officials.
8. You have the right to seek additional information as available to the
public and staff.
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CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
STAFF PRESENTER(S):
Name Title /Position
1. Cynthia Garcia Director
2.
3.
Department
Human Resources
OUTSIDE PRESENTER(S):
Name Title /Position Organization
1.
2.
3.
BACKGROUND: Staff has been making quarterly presentations to the Council
for a number of years so that the Council can make adjustments to the Budget
as needed and informed decisions regarding insurance premiums.
REQUIRED COUNCIL ACTION: n/a
Cyn is Garcia
Director of Human Resources
cynthiag @cctexas.com
361- 826 -3315
PowerPoint
Supplemental Information
kikoolisftwom
Department of Human Resources
Health and Risk Management Claims Report
Report for 4th Quarter
Period Ending July 31, 2009
-357-
Table of Contents
Risk Fund
Health Plan Update 3
Workers' Compensation .9
General Liabilities .14
—358—
2
Health Plans
This report will provide an overview of the City's Self Insured Health Plans, Citicare (Civilian), Citicare
Alternate (Civilian), Citicare Fire and Citicare Public Safety expense activities through the end of fiscal year
2009 with some comparisons to fiscal years 2007 and 2008.
Citicare Alternate Choice plan was offered to Civilian employees for the first time in FY2009. This plan
replaced the Basic plan which provided catastrophic coverage for dependents of Civilian employees. In other
words, an employee could enroll in the Citicare plan for employee only coverage and enroll their dependents
in the Basic plan. The employee could not enroll in the Basic plan. Employees and dependents were
confused by the differing plan provisions between the Citicare and Basic plan. Therefore, the Basic plan was
replaced by the Citicare Alternate plan which provides for enrollment of employee only and employee and
dependents. The City no longer provides separate plan coverage for dependents only. The coverage is
identical for Citicare and Alternate Choice, the new basic plan. The intent of the Alternate Choice plan is to
provide a less costly premium alternative plan. Providing a less costly premium alternative resulted in a plan
that provides comprehensive coverage at a higher copayment, deductible and coinsurance level. Although
the financial performance of the plan was positive for the year, the overall experience in the Alternate Choice
plan is insufficient to determine its effectiveness until more time has passed.
Health Plans
As of the end of FY09, there were an average of 1,917 active employees enrolled in Citicare, 58 in Citicare
Alternate, 383 in Citicare Fire, and 452 enrolled in Citicare Public Safety. As Graph H -1 shows in true
numbers, the ratio of employees to dependents insured under Citicare is almost 1:1, whereas the ratio for Fire
& Public Safety plans is almost 2:1. This was the first year the Citicare Alternate Plan was offered.
2,500
2,000
1,500
1,000
500
Graph H -1
FY 2009 Average Enrollment by Plan
for Active Employees and Dependents
Citicare
• Employee 1,917
in Dependent 2,115
Fire Public Safety Alternate
383 452 58
772 887 87
-359-
3
As shown by Graph H -2, at the end of FY09 there were an average of 322 Retirees (14 %) enrolled in
Citicare compared to 1,917 active employees, 111 Retirees (23 %) in Citicare Fire compared to 383 active
employees, 132 Retirees (23 %) enrolled in Citicare Public Safety compared to 452 active employees. The
Citicare Alternate plan is not offered to retirees at this time.
FY 2009 Average Enrollment by Plan
for Active Employees and Retirees
Graph H -2
Citicare Fire
• Employee
0 Retiree
Graph H -3 on the following page, shows medical, stop loss and pharmacy expenses paid for all plans
combined through the end of FY09. As illustrated in these graphs, the overall costs for all plans in FY09
increased 7% in claims expense paid compared to FY08. Pharmacy expenses have steadily increased each
year; 17% from FY07 to FY08, and 11% from FY08 to FY09.
—360—
4
$20,000,000
$18,000,000
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Graph H -3
Total Medical & Pharmacy Expenses Paid
All Plans as of July 31
FY07
FY08
FY09
The following graphs H -4 & H -5 show the amount paid for medical & pharmacy expenses per health plan
for Active employees (including Cobra participants) as compared to Retiree expenses.
Graph H-4 shows that 16% of the Citicare plan's total medical expenses paid are for Retirees, 29% of total
medical expenses paid in the Fire plan are for Retirees, and in the Public Safety plan 39% of total medical
expenses paid are for Retirees.
Graph H -5 shows that 30% of the Citicare's plan's total pharmacy expenses paid are for Retirees, 50% of
total pharmacy expenses paid in the Fire plan are for Retirees, and in the Public Safety plan 39% of total
pharmacy expenses paid are for Retirees.
Stop Loss Activity Plan Year: 2008 -2009
There were seven stop loss cases as of the end of FY2009. There were nine stop loss cases at the end of
FY2008.
—361—
5
FY09 Total Medical Expenses by Subscriber Type
Period Ended July 31
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
Graph H -4
Citicare
Fire
Public Safety
Tota Is
• Employee & Cobra
$10,103,614
$2,300,622
$2,174,708
$14,578,944
0 Retiree
$1,906,089
$954,405
$1,366,892
$4,227,386
FY09 Total Pharmacy Expenses by Subscriber Type
Period Ended July 31
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$
■ Employee & Cobra
0 Retiree
Graph H -5
Fire Public Safety Totals
$630,616
$626,986
-362-
$730,487
$463,593
$3,066,868
$1,820,010
6
Graph H -6 and Table H -1, displayed below, show average monthly cost per member for medical and
pharmacy expenses combined, broken down by active employees vs. retirees.
Comparison of Average Monthly Cost Per Employee (Active vs. Retirees)
of Total Medical and Pharmacy Plan Expenses Graph H -6
Average Cost Per Active Member
$635.31 , 38%
• Citicare
• Fire
o Public Safety
Average Cost per Retiree
o Citicare
• Fire
o Public Safety
$1,182.79 39%
Table H -1
Health Plan Budget vs. Actual
Table H -2 shows total expenses by plan including medical and pharmacy claims, Third Party administrator
fees, and Specific Stop Loss premiums.
Table H -2
Health Plan Actual Expenses
(Active Employees, Retirees, and Cobra)
Citicare
Fire
RX
Public Safety
FY09 Total
Medical_
Pharmacy
Total Av.
Medical
Pharmacy
Avg_
Medical
Pharmacy
Total Av._
Active
431.54
73.66
505.20
498.36
136.95
635.31
400.79
134.59
535.38
Retiree
493.04
188.68
681.72
713.84
468.95
1182.79
862.94
292.67
1155.61
Health Plan Budget vs. Actual
Table H -2 shows total expenses by plan including medical and pharmacy claims, Third Party administrator
fees, and Specific Stop Loss premiums.
Table H -2
Health Plan Actual Expenses
(Active Employees, Retirees, and Cobra)
Plan
Medical
RX
Admin Fees
(Stop Loss & TPA Fees)
FY09 Total
Citicare
$ 12,009,702
$ 2,435,196
$ 1,743,597
$ 16,188,495
Citicare Fire
$ 3,255,027
$ 1,257,602
$ 391,445
$ 4,904,075
Citicare Public Safety
$ 3,541,601
$ 1,194,079
$ 467,194
$ 5,202,873
Citicare Alternate
$ 96,387
$ 14,075
$ 44,912
$ 155,375
Total:
$ 18,902,718
$ 4,900,952
$ 2,647,149
$ 26,450,818
—363—
7
Table H -3 below shows the revenues and expenses for FY09, and the net balance by plan for the year.
Citicare and Fire expenses exceeded revenues collected from premiums and stop loss reimbursements, while
Public Safety's revenues exceeded their expenses for the year.
Expenses
Citicare
Fire
Public Safety
Humana Claims
$(14,444,898)
$(4,512,630)
$ (4,735,679)
TPA Fees
$ (806,939)
$ (182,360)
$ (217,648)
Stop Loss Premiums
$ (925,201)
$ (209,086)
$ (249,546)
CVB TPA Fees
$ (5,338)
$ -
$ -
CVB Stop Loss Premiums
$ (6,120)
$ -
$ -
Total:
$(16,188,495)
$(4,904,075)
$ (5,202,873)
Revenues
Active
$ 2,861,049
$ 1,338,940
$ 1,183,336
Retired
$ 1,467,946
$ 659,422
$ 793,831
Cobra
$ 46,921
$ 3,011
$ 1,616
Grants Contribution
$ 448,495
$ -
$ -
City Contribution
$ 9,216,060
$ 2,004,396
$ 3,361,092
Council Contribution
$ 7,310
$ -
$ -
CVB Contribution
$ 61,214
$ -
$ -
Stop Loss Reimbursements
$ 681,668
$ 239,062
$ 472,983
Total:
$ 14,790,663
$ 4,244,831
$ 5,812,858
Net Balance:
$ (1,397,832)
$ (659,244)
$ 609,984
Table H -3
Table H -4 below shows the change in the Fund Balance by health plan each year for the past few fiscal
years. The Fund Balance Management Policy requires that we maintain a minimum reserve balance each
year in order to protect against significant unexpected claims, expenses and Incurred- But - Not - Reported
claims (IBNR). Health plan premiums for each plan are determined each year based on what will be needed
to cover claims expenses, and to maintain the minimum fund balance required.
In adopting the FY09 budget, the plan was to utilize the Citicare fund balance to pay for expenses not
covered by premiums. A request for an 18% increase in premium rates for Citicare Fire was recommended in
order to offset the increasing deficit in the fund balance, however that increase was not adopted in the
budget.
Table H -4
FY07 Fund Balance
Citicare
$ 7,956,815
Fire
$ 1,004,038
Police
$ 3,693,529
FY08 Fund Balance
Contribution
$ 841,965
$ (2,633,429)
$ (2,333,831)
FY08 Fund Balance
$ 8,798,780
$ (1,629,391)
$ 1,359,698
FY09 Fund Balance
Contribution
$ (1,397,832)
$ (659,244)
$ 609,984
FY09 Fund Balance
$ 7,400,948
$ (2,288,635)
$ 1,969,682
—364— 8
Risk Management
This report will illustrate the Workers Compensation and General Liability claims activity that occurred
through the fourth quarter of fiscal year 2009.
Workers' Compensation
The total number of claims filed for Workers Compensation has increased 0.2% during FY09, compared to
the number of claims filed in FY08. As illustrated by Graph WC -1 shown below and Table WC -1 shown on
the next page, the Fire, Police, and Wastewater departments show decreases in the number of claims filed,
however the Solid Waste department increased 26.7 %, Water increased 23.3 %, Streets increased 16.7% and
Gas increased 13.5 %. The number of Police claims decreased from 248 to 208, down by 16.1 %; Fire had 124
claims in FY2008 and 108 in FY2009, down by 12.9 %. The number of claims filed by the Wastewater
department decreased 11.8 %, the Parks department increased 1.2 %, and the Storm Water department
increased 5% in FY09 compared to FY08. All other departments had insignificant increases /decreases.
1,000
900
800
700
600
500
400
300
200
100
0
Graph WC -1
Year -To -Date Claims Count Comparison
(Period Ending July 31)
FY07
FY08
FY09
• All Other
• Park & Recreation
Fire
• Gas
• Storm Water
• Water
Solid Waste
Ci Wastewater
• Streets
o Police
—365— 9
Table WC -1
Cumulative 4`" Quarter Comparison
Claim Counts
Department
FY07
FY08
FY09
% Change
FY08 -FY09
Police
247
248
208
-16.1%
Streets
23
36
42
16.7%
Wastewater
59
68
60
-11.8%
Solid Waste
115
101
128
26.7%
Water
39
43
53
23.3%
Storm Water
14
20
21
5.0%
Gas
35
37
42
13.5%
Fire
113
124
108
-12.9%
Park & Recreation
71
86
87
1.2%
All Other
175
172
188
9.3%
Total:
891
935
937
0.2%
Incurred costs increased in FY09 vs. FY08 due to a large Police department claim that was filed in March
2009, going from $1,643,970 in FY08 to $2,807,932 in FY09, up 70.8% as shown by Graph WC -2 and
Table WC -2. If we remove the large claim from the equation, incurred costs City wide have actually
decreased by 0.7 %. With the large claim, incurred costs for Police increased 252.6 %, however excluding the
large claim, Police incurred costs actually decreased 32 %. Storm Water had the largest increase (1056 %)
while Wastewater had the largest decrease (82.7 %) in incurred costs. Incurred costs also increased in Solid
Waste (168 %), Streets (40.6 %), Gas (47 %) and Fire (35.9 %). Incurred costs decreased in Parks (54.3 %) and
Water (47.3 %).
$3,000,000.00
$2,500,000.00
$2,000,000.00
$1,500,000.00
$1,000,000.00
$500,000.00
$-
Year -To -Date Incurred Cost Comparison
(Period Ending July 31)
FY07
FY08
—366—
FY09
Graph WC -2
• All Other
• Park & Recreation
0 Fire
• Gas
Storm Water
• Water
o Solid Waste
o Wastewater
• Streets
Police
10
Cumulative e Quarter Comparison Table WC -2
Incurred Costs
Department
FY07
FY08
FY09
% Change FY08 to FY09
Police
$ 388,228.05
$ 412,591.10
$1,454,740.64
252.6%
Streets
$ 120,963.85
$ 83,578.77
$ 117,501.23
40.6%
Wastewater
$ 101,875.45
$ 186,638.81
$ 32,329.49
-82.7%
Solid Waste
$ 234,699.12
$ 112,914.33
$ 302,734.64
168.1%
Water
$ 86,267.06
$ 93,178.78
$ 49,070.01
-47.3%
Storm Water
$ 17,750.13
$ 16,566.56
$ 191,544.68
1056.2%
Gas
$ 26,003.12
$ 40,719.22
$ 59,877.08
47.0%
Fire
$ 141,031.25
$ 152,023.84
$ 206,656.18
35.9%
Park & Recreation
$ 156,242.94
$ 220,304.02
$ 100,648.07
-54.3%
All Other
$ 245,681.94
$ 325,454.36
$ 292,830.02
-10.0%
Total:
$1,518,742.91
$1,643,969.79
$2,807,932.04
70.8%
Graph WC -3, compares incurred cost to actual paid cost on claims filed in the current fiscal year. Our
incurred cost for FY09 was $2,807,932; paid cost totaled $955,667. Excluding the large Police department
claim, incurred costs were $1,632,216 in FY09; a decrease of 0.7% from FY08.
$3,000,000.00 ---^
$2,500,000.00
2,000,000.00
$1,500,000.00
$1,000,000.00
$500,000.00
Graph WC -3
Incurred Costs vs. Paid Costs
(Period Ending July 31)
FY07
FY08 FY09
• Incurred Costs • Paid Costs)
Graph WC -4, represents dollars paid during FY2009 for claims filed in previous years. The total is
$1,541,815, of which 62% were payments on claims filed in FY08.
Dollars Paid in Current Year
for Prior Years' Claims
Graph WC -4
$956;624
;800;000
$144,384
$94;379
$29,667
'nor to
'FY05. FY.16, FY07 FY08
Graph WC -5 shown next provides claims count data by the type of accident occurring during each of the recent fiscal
years. The number of accidents due to falls /slips and strains /injuries continue to be fairly consistent from year to year
and are two of the most common types of accident the City incurs.
Graph WC -5
• 1,000
900
800
700
600
500
400 —
300 --
200 - -- -
100
0
Year -To -Date Claims Count by Type of Accident
(Period Ending July 31)
FY07
FY08
—368—
FY09
o All Other
Struck /Injured
• Striking Against /Stepping On
• Strain/Injury
o Police Apprehension
• Motor Vehicle
Foreign Body in Eye
• Falls /Slips
o Cuts /Scrapes
❑ Caught Between
• Bums /Scalds
o Animal /Insect Bite
12
Graph WC -6 (Table WC -3) shown next gives claim counts by type of injury. Consistently, strains are the
most common type of injury sustained. Sprains, lacerations and contusions are other frequent injury types.
1,000
900
800
700
600
500
400
300
200
100
0
Year -To -Date Claims Count by Type of Injury
(Period Ending July 31)
FY07
FY08
FY09
Graph WC -6
p All Other Injuries
• Strain
• Sprain
Puncture
is Glasses /Contacts /Artificial
• Multiple Physical Injuries
• Laceration
p Inllamation
❑ Foreign Body
• Contusion (bruise)
• Bum
Table WC -3 shows that the type of injury that has increased the most in FY09 is Inflammation, up 102.3 %,
followed by Glasses /Contacts /Artificial, up 100 %. Overall, the total number of injuries has increased 0.2%
from FY08 to FY09.
Year -To -Date Cla'ms Count
(Period Ended A
by Type of Injury
• ril 30)
Claim Type
FY07
FY08
FY09
% Change
FY08 to FY09
Burn
6
14
17
21.4%
Contusion (bruise)
152
167
183
9.6%
Foreign Body
32
24
36
50.0%
Inflammation
39
43
87
102.3%
Laceration
105
110
122
10.9%
Multiple Physical Injuries
22
14
24
71.4%
Glasses /Contacts /Artificial
0
1
2
100.0%
Puncture
47
58
46
-20.7%
Sprain
73
86
69
-19.8%
Strain
202
228
283
24.1%
All Other Injuries
213
190
68
-64.2%
Total:
891
935
937
0.2%
—369—
Table WC -3
13
General Liabilities
General Liability claims and lawsuits filed in FY09, compared to FY08, increased by 3.9 %, from 727 to 756,
as shown in Graph GL -1 and Table GL -l. The largest increases were in Storm Water (33.3 %) and Streets
(43.2 %), and the largest decreases were in Gas (28.5 %) and Wastewater (25.2 %). Of all claims filed in the
first nine months of FY09, 5% are lawsuits as shown in Graph GL-1A.
800
Liabrlby Claims Count by Department
Period Ended July 31
Graph GL-1
200
100
• All Other
• Park & Recreation
o Fire
■ Gas
a Storm Water
■ Water
o Solid Waste
o Wastewater
■ 'Streets
o Police
FY07 FY08 FY09
Table GL -1
General Liability Claims Count By Department
(Period Ended Jul 31)
Department
FY07
FY08
FY09
% Change
FY08 to FY09
Police
155
148
159
7.43%
Streets
112
67
96
43.28%
Wastewater
87
95
71
- 25.26%
Solid Waste
67
72
65
-9.72%
Water
54
88
78
- 11.36%
Storm Water
44
36
48
33.33%
Gas
34
49
35
- 28.57%
Fire
33
33
33
0.00%
Park & Recreation
42
46
36
- 21.74%
All Other
81
93
135
45.16%
Total:
709
727
756
3.99%
—370—
Graph GL-1A
FY09 Percent of Claims and Lawsuits
5%
95%
o Claims
• Lawsuits
14
As shown below in Graph and Table GL -2, overall incurred costs increased 122.75% in FY09 as compared
to FY08. Incurred cost for Police claims continue as the largest of all departments, with a 144.2% increase.
Currently, there are eight excessive force claims & lawsuits, each incurring $100,000 or more each, causing
the high increase in overall incurred costs. The Water dept. had an increase of 2522% due to one large claim,
however without that claim they increased 19 %. We also saw increases in Fire (208.6 %), Solid Waste
(14.7 %), and Park & Recreation (45.9 %). There were decreases in Streets (69.8 %) and Storm Water
(53.8 %).
Graph GL-2
$2,500;000
$2,000,000
$1,500,000
$1;000,000
$500,000
General Liability Incurred Costs by Department
Period Ended July 31
FY07
FY08
FY09
• All Other
is Park & Recreation
Fire
■ Gas
• Storm Water
• Water
❑ Solid Waste
❑ Wastewater
■ Streets
o Police
Table GL-2
General Liability
Incurred Costs By Department
Period Ended July 31
Department
FY07
FY08
FY09
% Change
FY08 to FY09
Police
$ 593,795
$ 580,126
$ 1,417,050
144.27%
Streets
$ 35,976
$ 43,631
$ 13,173
- 69.81%
Wastewater
$ 141,530
$ 21,466
$ 23,841
11.06%
Solid Waste
$ 43,448
$ 78,928
$ 90,539
14.71%
Water
$ 41,001
$ 20,176
$ 529,015
2522.05%
Storm Water
$ 5,844
$ 39,672
$ 18,330
- 53.80%
Gas
$ 6,285
$ 22,812
$ 25,540
11.96%
Fire
$ 7,111
$ 12,809
$ 39,538
208.68%
Parks
$ 18,639
$ 29,294
$ 42,760
45.97%
All Other
$ 145,331
$ 183,748
$ 100,439
- 45.34%
Total:
$ 1,038,959
$ 1,032,661
$ 2,300,224
122.75%
-371-
15
As shown in Graph GL -3 below, the percent of incurred costs actually paid out was 45% in FY07, 69% in
FY08 and 35% in FY09. The total number of claims from FY08 to FY09 increased 3.9 %, the total incurred
costs increased 122.7 %, and the paid costs increased 13.8 %.
$2,500,000
$2,000,000
$1,500,000
$1,000,000
5500,000
Incurred. Costs vs. Paid Costs
Period Ended July 31
Graph GL -3
FY08
L® Incurred Costs • Paid Costs
FY09
As shown in Graphs GL -2A and GL -3A, the majority of our incurred costs are from lawsuits, however the
ratio of paid costs for lawsuits vs. claims is almost 50 -50.
Graph GL-2A
Inclined Dollars
Claims vs. Lawsuits
27%
o Claims
■ Lawsuits
Graph GL -3A
—372—
Paid Dollars Claims vs. Lawsuits
53%
el Claims
• Lawsuits
16
General Liability Claims Types
The following Graph GL -4 and Table GL -3 show claim counts by type of claim for General Liability claims.
Damage to vehicles and other property damage claims are the most frequent type of claims filed. Personal
injury claims and water damage claims are the next most common. The claim types with the largest
increases from FY08 to FY09 are Property Damage (28 %) and Policies/Practices /Contracts claims (9 %).
Graph GL-4
General Liability Claim Types
Period Ended July 31
FY07
FY08 FY09
■ All Other
oFire
• Employment
• Policies /Practices /Contract
• Personal Injury
o Police
❑ Water/Waste Damage
■ Property Damage
® Vehicle Damage
The property damage category includes damage caused by incidents such as utility cable damage, general
property damage, and refuse truck damage. The Policies/Practices /Contracts category includes claims related
to Zoning Issues, Contract Breaches and Taxation issues. Table GL-3
General Liability Claim Types
(Period Ended July 31)
Claim Type
FY07
FY08
FY09
% Change
FY08 to FY09
Vehicle Damage
365
366
335
-8.47%
Property Damage
228
206
264
28.16%
Water/Waste Damage
44
46
45
-2.17%
Police
11
22
23
4.55%
Personal Injury
42
45
48
6.67%
Policies /Practices /Contract
4
11
12
9.09%
Employment
5
15
14
- 6.67%
Fire
0
1
0
- 100.00%
All Other
10
15
15
0.00%
Total:
709
727
756
3.99%
—373—
17
Graph GL -5 charts the amount of money paid during FY2009 for claims filed in previous years. The total
amount paid is $1,906,890, of which 50.8% were payments on FY08 claims and 43.9% were payments on
FY07 claims.
Graph GL-5
$1,200,000
$1,000,000
$800,000
$600,000
$400,000
$200,000
Dollars Paid in Current FY for Prior Years' Claims
Period Ended July 31
Prior to FY05
FY05
FY06
FY07
FY08
Motor Vehicle Accidents
At the end of FY09, the number of total motor vehicle accidents was 212 compared to 264 for FY08, down
19.6 %. The number of total preventable accidents in FY09 was 116, compared to 123 in FY08, down 5.6 %.
From year to year, preventable accidents consistently make up approximately 45 -50% of the total number of
accidents.
300
275
250
225
200
175.
150
125.
100
75
50
25
0
City Vehicle Accidents
4th Quarter Annual Comparison
Graph GL-6
2007 2008
[i Number of Accidents o Number of Preventables
—374—
2009
18
Year -To -Date Claims Count Comparison
(Period Ending July 31)
1,000
900
All Other
800 1111111111 -
■ Park & Recreation
700 - ❑ Fire
600 Gas
500 ❑ Storm Water
Water
400
o Solid Waste
300 - ❑ Wastewater
200 Streets
Police
100
0
FY07 FY08 FY09
'a7)
O
■ Park & Recreation
L)
LL 0
o
o Storm Water
a)
as
o Solid Waste
o Wastewater
$3,000,000.00
$2,500,000.00
$2,000,000.00
$1,500,000.00
$1,000,000.00
O
O
O
O
0
O
go
to
4'
co
LL
0 O 0 0 '' 0 0
0 0 0 0 0 0
0 N 0 CO CO N
r r U,
tf?
Liability Claims Count by Department
Period Ended July 31 FY09 Percent of Claims and Lawsuits
800 5%
700
❑ All Other
.................. .
600 m Park & Recreation
❑ Claims
❑ Fire
500 � so
❑ Gas
400 El Storm Water
o Water
300 - - ❑ Solid Waste
❑ Wastewater 95%
200 ❑ Streets
100 ❑ Police
0
FY07 FY08 FY09
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
O O O O 0
0 0 0 0 0
10 0 10 0 0
N N
EA EA EA EA
CD
CD
CD
CD
Eft
•F1
co
Eft
Period Ended July 31
CD
CD
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0
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0 0 0 0 0 0
o 0 0 0 0 0
o o o o o o
0•
0 0 0 0 0 0
CV 0 CO CD
CO EA- EA- E4
6
U_
Prior to FY05
City Vehicle Accidents
4th Quarter Annual Comparison
300
286 264
275
250
212
225
200
175
150
124 123 116
125
100
75
50 -
25
0
2007 2008 2009
o Number of Accidents o Number of Preventables
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24
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Change in Fiscal Year Update Presentation
STAFF PRESENTER(S):
Name Title/Position Department
1. Cindy O'Brien Interim ACM for Administrative Services
2.
3.
OUTSIDE PRESENTER(S):
Name
1. None
2.
Title/Position Organization
ISSUE:
The determination of the feasibility of changing the date of the City's fiscal year end from
July 31St to September 30th' and considering the financial impact of the change.
BACKGROUND:
The Council instructed staff to analyze the feasibility of changing the date of the City's fiscal
year end from July 31st to September 30th. A presentation was made to City Council on July
21, 2009. Due to the potential financial impacts of changing the fiscal year, City Council
requested that staff come back with a presentation detailing the costs associated with
changing the fiscal year.
Cindy O' n, Interim Assistant
City Manager - Administrative Services
CindyO @cctexas.com
361- 826 -3217
—395—
May Jun
Fr
A
FISCAL YEAR 2010-2011
New Election
Date
Add 11111r,
Council Seated Al liN wr
x
Budget Delivery
_AM Mir- X
Adopt Budget X
_...ii• EPP'
PROPOSED FISCAL YEAR 2010-2011
New Election X
Date
all Priv
Council SeatedA
Iry x
Budget De ° Err
imii v
....„.".,.,=
City of
Corpus
Chrisi i
T r
id May Jun
Fir
FISCAL YEAR 2010-2011
New Election
Date
Add
Council Seated X
V
.111111r-
Budget Delivery X
Adopt Budget
FISCAL YEAR 2011-2012
New Election
Date
_Ad
Council Seated r
111. MIP
Budget Deli X
Ado I Mir
=
City of
Corpus
Chrisi