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HomeMy WebLinkAboutAgenda Packet City Council - 10/27/2009mow mow r 4 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 —3— 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 coRA�s s4� '• CyR /ST /.6. ,� ' � c,,,, / PEOPLES S .,...AO , t i l dr e0 i•�E7D� A+ a� � 11 Oda ► 4,411111 • +� /'iSi+ fa 11 /,�•' 111111 1�1�1 // oe./'`'�A�' i`/ a��'�i 'r,�'i�4 �'�� •,� t willful 111111 �i/ l// ll /l % /1 // // °"Oq�iMF� "'^ /� ( / ∎I ,,4` .* / t,..__—..- --� r1 rr \ \\ 10 \I Vtia vii '1 H ul , 4 �/ /' m / / `j� rrr ►r ATEa9 \1111 1 ►► ° 1111 f I III 11 //� f / / / /ve„ / l t - ., , rru 1% a ,uu ut „r, ; /�r1 aii 1 E< // r o. 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IIIIIIIIUft,ull■ili 1111 111 2 /ION.NOO 7 _ 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 06- 0 0 3 0 c E l0 N C_ O Z E z 0. p CO N m fo 1- 5) 1c co c (5 8 N To d E 0 U 2 a U C a To e •C O a s r-' .0 Z U E 8 -5) 6 N • > C Q0 EXHIBIT "C" Page 1 of 2 _ q o O 3 00 O a w 00 N 40 1 0 q 0 `o o n a 1— 0 q o N W M 69 o O o o (CI O o 0 O VA ^ 8 o o o coo 0 o X 0 0 CO O CO- 0 0 CO O tD - r O 0 O 0 o in to o 0 0 M o 00 0 o 4i, j J J P .. .- I 06- 0 0 3 0 c E l0 N C_ O Z E z 0. p CO N m fo 1- 5) 1c co c (5 8 N To d E 0 U 2 a U C a To e •C O a s r-' .0 Z U E 8 -5) 6 N • > C Q0 EXHIBIT "C" Page 1 of 2 ARCHITECT'S ESTIMATE $497,000.00 q o I q q CO A o q 0 v g °O d C D co rii O i ~ vi vi _i J a o - 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 —150— Page 4 of 22 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. Wind Energy System Ordinance 10152009a —151— Page 5 of 22 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. Wind Energy System Ordinance 10152009a —152— 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 Wind Energy System Ordinance 10152009a —153— 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 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 —155— Page 9 of 22 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. Wind Energy System Ordinance 10152009a —156— Page 10 of 22 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 —157— (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 —158— Page 12 of 22 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 -159— Page 13 of 22 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 —160— Page 14 of 22 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. Wind Energy System Ordinance 10152009a —161— Page 15 of 22 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 —162— Page 16 of 22 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. Wind Energy System Ordinance 10152009a -163— Page 17 of 22 (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— Page 18 of 22 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— Page 19 of 22 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 -166- Page 20 of 22 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 —167— Page 21 of 22 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 —171— 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 —172— Page 4 of 22 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— Page 5 of 22 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 —174— Page 6 of 22 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 —175— 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. —176— 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. —177— Page 9 of 22 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 —178— 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 —179— (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 —180— 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 —181— 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 —182— 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 —183— 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 —188— 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. -204- 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 —205— 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 Page 7 of 11 —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 Affordable Housing — NCCAA - Rehab -- 10132009.doc Page 8 of 11 —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 Affordable Housing -- NCCAA - Rehab -- 10132009.doc 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 Affordable Housing — NCCAA - Rehab — 10132009.doc Page 11 of 11 —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 —219— 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 Affordable Housing — NCCAA - Rehab — 10132009.doc A -2 —220— 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): Affordable Housing — NCCAA - Rehab -- 10132009.doc -221- B -1 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 Affordable Housing — NCCAA - Rehab — 10132009.doc B -2 —222— 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. Affordable Housing -- NCCAA - Rehab — 10132009.doc —223— B -3 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. Affordable Housing -- NCCAA - Rehab -- 10132009.doc —224— 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. Affordable Housing -- NCCAA - Rehab — 10132009.doc —225— B -5 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 . Affordable Housing -. NCCAA - Rehab — 10132009.doc B -6 —226— 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 Affordable Housing — NCCAA - Rehab — 10132009.doc B -7 —227— 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 Affordable Housing -- NCCAA - Rehab — 10132009.doc -228- B -8 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 Affordable Housing Project Administration Agreement -- NCCAA Rehab — 10132009.doc -229- Exhibit B 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, Page 2 of 3 Affordable Housing Project Administration Agreement -- NCCAA Rehab — 10132009.doc —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 Affordable Housing Project Administration Agreement -- NCCAA Rehab — 10132009.doc —231— 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. AffordableHousingGrantResolution - Habitat — 10122009.doc -232- 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 Page 2 of 11 Affordable Housing - Habitat - 4 Homes 10122009.doc —236— 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. Page 3 of 11 Affordable Housing - Habitat - 4 Homes 10122009.doc —237— 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 Page 4 of 11 Affordable Housing - Habitat - 4 Homes 10122009.doc —238— 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 Page 5 of 11 -239- Affordable Housing - Habitat - 4 Homes 10122009.doc 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. Page 6 of 11 Affordable Housing - Habitat - 4 Homes 10122009.doc —240— 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' Affordable Housing - Habitat - 4 Homes 10122009.doc Page 7 of 11 —241— 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. Page 8 of 11 Affordable Housing - Habitat - 4 Homes 10122009.doc —242— 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 Affordable Housing - Habitat - 4 Homes 10122009.doc Page 9 of 11 —243— 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 Page 10 of 11 Affordable Housing - Habitat - 4 Homes 10122009.doc —244— 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 Affordable Housing - Habitat - 4 Homes 10122009.doc Page 11 of 11 —245— 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. Affordable Housing - Habitat - 4 Homes 10122009.doc A -1 —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 Affordable Housing - Habitat - 4 Homes 10122009.doc A -2 —247— 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. B -1 —248— Affordable Housing - Habitat - 4 Homes 10122009.doc 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 Affordable Housing - Habitat - 4 Homes 10122009.doc —249— (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. B -3 —250— e Housing - Habitat - 4 Homes 10122009.doc 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. Affordable Housing - Habitat - 4 Homes 10122009.doc B-4 —251— 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. Affordable Housing - Habitat - 4 Homes 10122009.doc 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. Affordable Housing - Habitat - 4 Homes 10122009.doc 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 Affordable Housing - Habitat - 4 Homes 10122009.doc 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; Page 1 of 3 Affordable Housing Project Administration Agreement -- Habitat — 10122009.doc —255— 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. Page 2 of 3 Affordable Housing Project Administration Agreement — Habitat — 10122009.doc -256- 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 Page 3 of 3 Affordable Housing Project Administration Agreement -- Habitat -- 10122009.doc —257— 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. -263- 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. -271- 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 -274- -275- 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 -275- 7 -276- $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 -276- 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. -277- 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 0 1) 0 >, C) 0 co ti 69. w ro E N W 0 U O U U) W U cL W U) U) U' pZ m W LL W 0z Z — Z H W lL m I- IQ- Z i- i- re a W U) W U 00 cL 0 c`10) N co 0M C �. Q w E d c LU a) U) O L • O 0. N d p 00 z4u uaienaar U : ONSTRUCTION I UIPANV ZN• Q to co 1• r CiJ 0 co I,- N. v- d} $ 112,228.80 $ 20,238.10 $ 1,350.00 $ 194,359.85 U) C) n CO h 69 0 co M O O^ ER $ 4,294.501 0 to t - 0 b9 0 co N r nt ti9 $ 436.00 $ 2,584.00 0 co O� Cr) r d°1 0 O 0 CO ui 0 O 0 0 M C,H 0 O CD CO N EI3 0 O IC) r M ER $ 27,489.60 UNIT PRICE $ 15,771.35 $ 22,385.80 $112,228.80 In O co r 0 r 0 O O M a- �» In C) � CO N- ►- CO In 0 C1 In N to to CO r to 0 co o N O o CO 1� co �' Co C) $ 200.00 o N. M o '- r to r OD o cr CO O 07 J. CARROLL WEAVER AMOUNT 0 O N- N O) co r Efl o O O C) C) N «3 0 O O 0 CO M r r va $ 33,176.00 $ 1,980.00 0 O M N- 0 t. C) r 69 0 0 a; CO 0 c' N N ER 0 In co C) N CO In Efi CD Cr) r•-• 0 CD M Ei3 0 N cc; CO C) r 69 0 O O N in h M r ti9 $ 893.80 $ 2,451.40 $ 630.00 $ 5,562.00 0 0 O 0 N CO V EH 0 O O 0 CD N- CO EA $ 11,322.00 0 to CD CO O !t Tr ER UNIT PRICE O O N 0 CO r 6:} O O CO ti •- r E+9 O O 0 to M r r ti9 O O COO O CD .- Ef3 O O COO C) r (A $ 224,089.00 co M O fR $ 4.52 M M 69 co 0 N ER r '- O EA r N H� In N N 6F3 $ 231.75 N CD rfl 0 O Ci9 CD 0 M E9 0 In CO CD ni Hi JOURNEYMAN CONSTRUCTION AMOUNT CD CD tD CCDD 69 CD r C) CO to $ 123,535 $ 59,394 N r CO O tf3 $ 330,323 $ 98,382 $ 71,450 .N- _ ' ':R'9 � r CD M 69 C') 0 r M 69 : )' C#. CD CO M ER 0 to r E9 CD CD CD d' ti9 0 ..0 i�3 0 _ iaO .. � � r cD C) o EH $ 30,236 UNIT PRICE co O 0D Tr ER $38,458 $123,535 CC)) CD CD N 69 CO LC) ER $98,382.00 ,- .M- ffi $4.85 0 FOR CCD N ER $11.40 $60.42 $177.84 I) co CD $2.001 a- 699. $3,359.58 hoof Sports Complex, Ph 1 (Proj No. 3144), Old hoot Property Developmt, Ph 2 (Pro' No. 3388) ~ D, PART A - ARCHITECTURAL AND STRUCTURAL < < < < (BASE BID, PART B - CIVIL SITEWORK . } U) U) J J W < W LL U) lL U) I1 J U Q BID ITEM QTY isTATSCHOOL SPORTS COMPLEX, PHASE I E (PR( No. 3144) r N r N r r O Tr o co co,— O ti to O f` O O ,- N O NI- co o O rO o C) CD 0 c+) BASEBALL FIELD YOUTH FOOTBALL FIELD RESTROOM FACILITY LARGE SOCCER FIELD DUMPSTER ENCLOSURE FAL, PART A- ARCHITECTURAL AND URAL (A.1 - A.5) DEMOLITION SURFACE (TYPE "D" HMAC) PRIME COAT, MC -30 (0.15 GAUSY) PLACEMENT OF 6" RECYCLED ASPHALT /BASE EXCAVATION AND SUBGRADE PREPARATION PAVEMENT STRIPING CROSSWALK (THERMO- PLASTIC) WHEEL STOPS (ADA SPACES) ACCESSIBLE PARKING SIGNS AND STRIPING CONCRETE SIDEWALK ASPHALT TRAIL DRAINAGE SWALE SEEDING I 2 F I r < N < M < A.4 A.5 ■ ryr W 1 B.2 B.3 B.4 IMn W DV, W I B.7 /� W W 1 B.10 W csi M I B.13 -294- EXHIBIT "C" Page 1 of 14 O U) O >. co co Op co N T t9 a) CU � U Eo co N W C 0 U 2 U) C O U w U 5• Q • W • Z_ • p 00 Fe co W W O z• = • U o Z U w0_ Ju_ w' D000 a ~ U- - w0 Q U d w N W 5• 0, .E o of can) N co • OM C C ►. a N 2. 4) E N d) • 0) CD .0w0) 2 oco 0. v p E n_pm ONSTRUCTION I APANY rAMOUNT 0 o U) co O d9 N CO b9 0 U) d9 $ 5,859 0) CD U) 69 N r r d3 0 N E9 $ 423,392.55I 0 CO N di 0 ti CO ti9 COO. CCD CO E9 $ 170.50 I C))) CD d9 I$ 684.70 $ 347.00 '- CNO M EA 0 CN- EA $ 26,531.601 UNIT PRICE $ 66,510.00 I 0 H9 0 co v Ct? $ 32.55 N N be U) ti r. $ 2,959.75I C))) co COO CO ) -. be $ 183.90 $ 170.50 0) r be $ 684.70 $ 347.00 U) r N Co M EA 0 0 O e9 J. CARROLL WEAVER F- Z o'� 2 Q $ 65,625.00 co co EA $ 4,550.00I N M 69 O O CSC)_ CO K3 $ 1,515.00 I $ 845.00 C7) 6 F O be 0 N co o d_ N 69 $ 1,227.30 $ 1,048.88 0 O O U7 ER 1 $ 500.00 $ 1,328.94 0 O O N r be o O O N be 1 $ 3,937.50 CV CO O sr co H9 UNIT PRICE I $ 65,625.00 $ 35.35 $ 4,550.00 $ 17.43 0 ri tti 0 co co U v3 0 co co co F `� CO ,-- N9 C7) O d be $ 524.44 $ 506.00 $ 500.00 $ 1,328.94 0 O 0 F EA O O 0 'Cf Cfl $ 3.15 JOURNEYMAN CONSTRUCTION AMOUNT $ 100,320 NI- m CO N- co $ 2,462 M ;.0... i O.; CCJ. CO u) be $ 2,850I O '.' o s C7 , n+- 0 CO o) CO Efl r N 0) EA $ 422 r r- N EH s- N E+9 I$ 895 $ 572 $ 3,012 $ 1,425 $ 23,728 UNIT PRICE I Oco M 0 0 6 $5,175.601 $13.68 $2.57 69 0 10 N be $13.68 CD co EA $211.00 $211.00' $211.00 0 0) CO be $572.00 $3,012.00 mr- be ~ cn } a LL u_ a rn fAL, PART B - CIVIL SITEWORK (B.1 - B.20) (BASE BID, PART C - WATER SYSTEM . a a a a a TAL, PART C - WATER SYSTEM (C.1 - C.9) >" r 10 r O CO 0 (7; r 0 N r 0 N r cool Sports Complex, Ph 1 (Proj No cool Property Developmt, Ph 2 (Prof BID ITEM IRRIGATION SODDING 1 MAIN ENTRANCE GATE DUMPSTER ENCLOSURE FOUNDATION _ SEDIMENT CONTROL FENCE ROCK FILTER DAM TEMPORARY CONSTRUCTION EXIT -TYPE 1" 16" PVC WATERLINE 12» PVC WATERLINE 16» D.L, M.J. 90 DEGREE BEND 16» D.I., M.J. 45 DEG BEND 16» D.I. M.J. 11.25 DEG BEND 16» D.I., M.J. GATE VALVE 16» AC TO DI ADAPTOR COUPLING FIRE HYDRANT ASSEMBLY TRENCH SAFETY 2 w I— r cm I B.15 co r am I B.17 co Ili rn co I B.20 r CU C.2 C.3 C.4 C.5 co U C.7 co C) 0) U —295— EXHIBIT "C" Page 2 of 14 W LL � W C/) 0 O Z� Ed a' Cl LL W 2 O z p Z w wa J LL m0UO a Z ~wO QU a w . In w c) O 'ZO d N cn N C:0 C4) C C L Q N CU �CC -a; c .0 .4_ 0 6. cu o. d O " 2 atom c•ru t..auenaar U. : ONSTRUCTION NPANY AMOUNT $ 58,230.75 $ 301.80 O CO 1f) E9 $ 17,334.00 $ 226.40 $ 233.80 O 0 O O r e- E9 $ 77,954.75 I O CD C7 r ER N O O CD C) 69 a- O C) ER $ 38.40 I r C) 0 CO r E9 O Cp C6 T 64 $ 18,860.00I CC)) N V C) La N ER UNIT PRICE $ 58,230.75 $ 301.80 V CO N ER O CD r E9 $ 226.40 $ 233.80 q T E9 CD 6 C+) E9 ON r r CD ER $ 930.15 O O ER O O CD CO 1-. 69 J. CARROLL WEAVER AMOUNT O O O O O N CC 69. 0 O U7 U) to ER 0 CO C) N r N 69 0 CO r CD M - e r E9 $ 491.48 0 0 O 0 U E9 O O it; CD V C) 69 CO CO N 0 CC O N- 6. $ 10,083.84 $ 3,438.00 O O O 0 C C) E9 0 CD C) 0 N e- ER $ 17,731.44 O O 6 O O C) E9 O O C7 O O C) E9 $ 1,046,836.05 UNIT PRICE O O O N U) ER $ 555.00 $ 106.49 CO C 0 r E9 $ 491.48 $ 500.00 r C") E9 CD N E9 $ 573.00 0 O O M E9 a- M E9 O O O C) ER JOURNEYMAN CONSTRUCTION AMOUNT $ 43,495.00 $ 137.00 N O ER $ 12,312 r r E9 r r E9 V OD r ER $ 58,122 660`8 $ OD C) CD ER U) N T ER 438 CO O CD 69►"j O O r 21,500 LV KJ . . . . . . . . . . . . . . . . . . . . UNIT PRICE $43,495.001 O I� C.1 T E9 $25.08 r r E9 O q T r N ER $211.001 r 69 q r N E9 O M CO O r 69 $1,425.001 r E9 $21,500 ~ Z n V) J < W LL J LL J < W < W LL J BASE BID, PART E - STORMWATER SYSTEM LL. J < w V) J W J IBASE BID, PART F - ELECTRICAL Cl) J ISUB-TOTAL, PART F - ELECTRICAL (F.1) TOTAL PHASE 1 - BASE BID 0 N 0 p T O O 1. rAL PART D- SANITARY SEWER SYSTEM I CD M CD r V OO C) r hoot Sports Complex, Ph 1 (Prof Na hoot Property Developmt, Ph 2 (Pro BID ITEM D, PART D - SANITARY SEWER SY GRINDER PUMP STATION WET WELL AND APPURTANCES 6: CLEANOUT 6" PVC GRAVITY SEWER WITH WYE CONNECTION 4" PBC FORCEMAIN 4" D.I., M.J. 45 DEG BEND 4" D.I., M.J. 11 -25 DEG BEND TRENCH SAFETY 18" HIGH DENSITY POLYETHYLENE CORRUGATED CONCRETE SLOPED END TREATMENT OUTFALL STRUCTURE TRENCH SAFETY SAL, PART E - STORMWATER SYST SITE ELECTRICAL LIGHTING AND POWER 2 LLI r p N p CO p D.4 D.5 CD p 0.7 1 r w I E.2 E.3 V; w LL —296— EXHIBIT "C" Paaa 3 of 14 O CA O O CO CO d CO � 44 C 4l N (O C= N w C O U I- y C 0 U y W U O) d C)) N CO Ci O C C Q y 2 • c E V O Lu L o a U O `m H Z 0 Q O co co O N 64 O O O O O O N 6FT O O CO N N 64 64 O O O F- 64 O O O C) ti M O_ N CO CA C.- 64 O O CA O O fA O co CA O M CO fR CO CO CO r 69 co 0 CD co CA 64 fR 64 O O O N C.) UNIT PRICE O co CA O T N T 64 O O O N CC) 0) O T 64 O N ti th O CO CO N N N 64 O O CO co C� fR O O O M N 64 fA O N N r 64 Cn co 64 O O r O O CO ffi O N O 64 O O CO fA O M C+) co bit O O O N fA C M CO r- U, J. CARROLL WEAVER H Z 0 2 O O O O O 0 N r 69 O O CO p- ct.) ti CO 64 O N O CA 69. O O O O M f!i O CO O N 64 O O O O CO n 64 O N- O co) M 64 O O O Ch M fR O r CO CC) CA CO fA N O O co co O ffl o co C) t• CO O N U) CO N co C) co 64 0 CO C- CA r 64 o co C+) N T fA O O O O O N M N M 64 o 0 O O O O N N CA C7 O r' 64 64 UNIT PRICE O O O O O O N O O O CO N- 0) 0) 64 O O CO CA O d9 O O O O U) 0) T CA- O O O M O 64 O O O co M 64 O CO O CA CA 64 0) O 64 N O 64 64 Cn O N N 6H U, ti O N CC) N U, O co N O N 64 Z Z �0 >-� W M Z ce N O • Z O H Z 0 a UNIT PRICE O. H N Z 2 }� a H /may Z V W a 0J W W 0 re IU w W a 0 a CO Ei J CC = . 0 G yZ F Q W 2 F. ct.re O N BASE BID, PART G - ARCHITECTURAL AND STRUCTURA!. CD _O O M T E/4 CO CO CA C) N CA O M T 69 CC CC O 64 0 CO CO 0) O CA ti N 64 O CO N O ER O C) 69 O C) O) Efl O co ti 64 N O C) C0) 64 CO CA N CC 64 0 CO N. M O r 64 N CA 64 O CO ffl O co co O 64 O ti Cn 64 N O Cn U, co co CD 64 CA N O fig 64 O C` CD O) N O co 49- co co co N 64 co C` O 0 CO 0 t t '7 co J W W W W W W N N M N N COVERED PAVILION BASKETBALL COURT MULTIPURPOSE FIELD RESTROOM FACILITY NO.2 MEDIUM SOCCER FIELD SMALL SOCCER FIELD DUMPSTER ENCLOSURE CD C9 O CD U BASE BID, PART H - CIVIL SITEWORK } co -J 0 co LL J LL J W W 0 C'- CO CO 0 M O CO O CO U) O O co 0 N CO a- CO T CO o O CD Cc) ti CO r N SURFACE (TYPE "D" HMAC) PRIME COAT p W J U U W CD W W O m zm al • H 0I ct- CL Q PAVEMENT STRIPING CROSSWALK (THERMO- PLASTIC) WHEEL STOPS (ADA SPACES) CONCRETE SIDEWALK ASPHALT TRAIL S N 2 2 CC 2 2 rn o _ _ -297- EXHIBIT "C" Page 4 of 14 o U) o >. 0) 0 co E w C O U y C O U w U cc cI) co 0 • Z� m O Z• = O U ZV) w� J LL m00 Q ~ L L w0 F- • H ce Q• U 0 w vacivai IJ : ONSTRUCTION IIPANY AMOUNT 0 o et CO 'c- N EA 0 c0 - r r C) N Eii 00 0 o O r N r EA $ 500.00 $ 8,318.75 $ 1,177.45 0 0 0 et U) et 69 0 r N- r r 69 o O O O N ER CCO C) C) C) C) r Nr 69 $ 33,473.75 $ 517.50 L00 C) r O) ER $ 170.50 $ 165.20 $ 333.90 $ 3,088.85I $ 7,329.80 0 0 O N r EA 0 L0 co C) N c0 6. $ 53,415.50 UNIT PRICE I $ 3.85 c0 r r r 0) N EA 0 O O O r N 69 $ 500.00 $ 2.75 O et N- N- r r 69 0 O O et U) Ni: 69. $ 32.55 0 O O O 0 O N 69 $ 15.25 O L0 r EA 0 Cr) r) CO r ER $ 170.50 0 N U) 10 r EA U) 0) co CD r 69 $ 3,088.85 O 0) et CD co c°) EH 0 c0 O 69 U) C) C) O EA. J. CARROLL WEAVER AMOUNT o O CO 00 el CO N 69 O O O L0 Cc) to C) 69 o O O . 0 CO N r 69. 0 O O U) N c0 69 $ 4,779.50 $ 1,575.00 $ 4,550.00 O N . r N- N CO 69 o 0 O O O O N 69 $ 633,482.87 U) 0) C) O st O 7 69 0 0 O O U) 09 0 0 O N CO N 69 0 0 CO O U) 69. $ 535.00 0 O N 0) CO EA 0 O L0 . N- Lf) r 69 $ 8,110.00 0 0 cD U) 0 C- ER 0 - N 0) N 69. It) O c0 Ni- r C) CO 69 UNIT PRICE N er 69 $ 3,535.00 0 O O O CD N r 69 O O O U) N U) 69 CD U) .- 69 O O U) N- Lq. r Efl $ 4,550.00 N et ti r ER 0 O O O O O N E!-? r et CO r EA- O O O O r 69 $ 524.00 $ 506.00 $ 535.00 $ 446.00 $ 1,575.00 $ 4,055.00 U) r C'�) EA $ 42.03 JOURNEYMAN CONSTRUCTION rAMOUNT $ 32,832 $ 52,440 O C) U) r EA. N- CO C) U) 69 C� i L+ N tl9.. LC) CO CO EA t`e .:' r.: O CO CO CO CD N 69 O 0 O O N 69 e1` . "d°i; Chi - CO EH'; $ 35,032 $ 257 0 r N- r EA. $ 342 $ 342 CO CO EH O CO r N ER $ 8,801 $ 2,554 $ 2,793 $ 54,623 UNIT PRICE c) U) Ef} $5,244.00 O O o 0 EH CO N- CO CO N. U) N Efl $855.00 0 CO CO N r 4 N- EA 100'000`03 CO C) U) E O N- LC) 69 $342.00 $342.00 $342.00 $342.00 O O C) O 0 et O MI o e- r r EA O 0) C) 6) '_ Z w J U Q CA J v) J w¢ J w a w w cA v) J BASE BID, PART I - WATER SYSTEM w J U- J a w a w a w a w a w a W w -i w -) SUB - TOTAL, PART I - WATER SYSTEM (1.1 -1.10) a oOr CO r r to C M r r CO M r Lo N L0 r r N r N o N N O fool Sports Complex, Ph 1 (Proj No 'ool Property Developmt, Ph 2 (Pro BID ITEM DRAINAGE SWALE SEEDING IRRIGATION TRAFFIC CONTROL PLAN - INCLUDED SEDIMENT CONTROL FENCE ROCK FILTER DAM MAIN ENTRANCE GATE DUMPSTER ENCLOSURE FOUNDATION LANDSCAPING ALLOWANCE SAL, PART H - ARCHITECTURAL AI URAL (H.1 -H.19) 6" PVC WATERLINE l 2" PVC WATERLINE 6" D.I., M.J. 90 DEG BEND 6" D.I., M.J. 45 DEG BEND 6" D.I., M.J. 22.5 DEG BEND 6" D.I. M.J. 11.25 DEG BEND 6" D.I., M.J. TAPPING SLEEVE WITH GATE VALVE FIRE HYDRANT ASSEMBLY TRENCH SAFETY - INCLUDED 12" DIA STEEL CASING (BE INSTALLED BY OPEN CUT) IITEM I 2 I H.12 2 2 2 2 2 2 2 r (NI M d. L0 0 ti CD C) O r -298- EXHIBIT `LC" Pane 5 of 14 O CI) O > CT C O p CO I- N-4 C 69 9 O D) � caU Eo N W C O U 7 w to C O U GARRETT CONSTRUCTION COMPANY AMOUNT $ 7,982.50I O Co N- § Cr) cp $ 581250' $ 1,522.50 O C) CO 0 C O $ 719.55 to , C7 ar ..N.!:_ CT Chi: 0 O CO Q) of O N EFT 0 N C7 CO 0 M 69 $ 12,234.00 I $ 1,783.05 0 N O) to $ 38,535.45 I I$ 48,954 I $ 48,954 UNIT PRICE I $ 15.50 I $ 19.75 $ 23.25 `p r d9 C') EFT $ 239.85 I 0 CO EA- $ 123.85 0 r CO EA I$ 1,783.05 $ 0.10 I$ 48,954.00 • .L WEAVER AMOUNT I 66 CT 6 $ 6,320.00 to M O C ) $ 3,197.25 O N- CC U) O M CO $ 33,747.50 O CO !- O CO - O 0 O O ti — I $ 1,864.80 $ 30,801.80 O 0 Co c5 In O o Co UNIT PRICE I V. r EFT $ 25.28 I $ 36.15 r C7 EA $ 2,788.00 O O N 69 O N ER O CO M ER $ 545.00 $ 1,717.00 EA O O O O 0 O co to JOURNEYMAN CONSTRUCTION AMOUNT 1 $ 16,145 $ 8,550 $ 13,395 1 t i Eli co co 69. o C•) EH $ 47,532 o co.. ER C n Ef} $ 21,660 $ 1,425 m H} $ 37,340 $ 55,808 $ 55,808 co co v N UNIT PRICE I $31.351 $34.20 $53.58 U o0 O a) M $101.46 $21.09 $55.29 $1,083.00 $1,425.00 CO co co to U, 'State School Sports Complex, Ph 1 (Proj No. 3144), Old State School Property Developmt, Ph 2 (Proj No. 3388) • Z M} J J J J W w 'BASE BID, PART K - STORMWATER SYSTEM TAL, PART K - STORMWATER SYSTEMS (K.1 -K.5) a r LO CO () N LI)) N in ' N M BID ITEM ), PART J - SANITARY SEWER SYS 6" PVC GRAVITY SEWER (0 -5 FT. DEPTH) 6" PVC GRAVITY SEWER (5 -7 FT. DEPTH) , 6" PVC GRAVITY SEWER (7 -9 FT. DEPTH) TRENCH SAFETY I FIBERGLASS MANHOLE (0 -5 FT. DEPTH) 6" PVC CLEANOUT FAL, PART J - SANITARY SEWER Ws- F _) N _) C7 _) _) to —) CO _) —299— EXHIBIT "C" Page 6 of 14 O y O > CA O co N. 6�? w co E y W C O :C) 7 y C 0 0 W W co 0 C/) _pz m W W W W 0 0z g m I- Q Z ❑. W to W U O *Z8 .. G) N co C)c) ▪ G) m c E CL r a� -O O • o amp 11 03 Z4u ualenaar D : ONSTRUCTION I VIPANY f- Z 0 d) N N r T $ 112,228.50! O O O O O ti Ea $ 12,031.30 $ 19,531.30 O O to co Ea $ 60,500I 3f3 #Cf i(7 r =i $ 1,933,784.15 $ 1,953,315.45 $ 2,013,815.45 UNIT PRICE $ 112,228.50 0 N 69 O co N 69 0 o O O In O CO 69 J. CARROLL WEAVER AMOUNT $ 113,500.00 0 o o in co- T 6. O N O Coo N T 69 $ 27,462.75 I N O O 69 100'009'££ $ oo O to C") co 69 $ 2,198,066.37! $ 2,311,566.37 $ 2,351,629.12 CV O) cv to CID co N 69 UNIT PRICE $ 113,500.00 O N 69 $ 5.25 O O O tf) ri co 69 JOURNEYMAN CONSTRUCTION F' $ 122,272.00 $ 122,272 0 U cO 69 O CO r: E9 $ 26,440 CO CA N 69 CO CA N 69 :................... f9 Off . ! REF?::: $2,338,768.00 N 0 co' O CCD N 69 N 0 Ti N C) CNI. 69 UNIT PRICE $122,272 $2.851 $3.42 0 O CO O) N n 69 1 ~ !ADDITIVE BIDS ATE BID, PART AA.1 - RESTROOM FACILITY w 0 4LTERNATE BID, PART AA.1 ATE BID, PART AA.2 - POND AND iEATER BERM Z U ITOTAL, ALTERNATE BID, PART AA.2 ATE BID, PART AA.3 - SKATE PARK (TOTAL, ALTERNATE BID AA.3 BOLD NUMBERS CHANGED DUE TO ADDITION /SUBTRACTION ERROR 0 T o o CO T tN co T hool Sports Complex, Ph 1 (Proj Na hoot Property Developmt, Ph 2 (Pro BID ITEM RESTROOM FACILITY NO. 3 RETENTION POND EXCAVATION PLACEMENT OF MATERIAL FOR ,AMPHITHEATER BERM SKATEPARK FOUNDATION TOTAL BASE BID BASE + ALT AA.1 BASE + ALT AA.1+AA.2 BASE +ALT AA.1 +AA.2 +AA.3 ii I T * N e- 1 QM Q U —300— EXHIBIT "C" Paae 7 of 14 UNIT PRICE Cn ❑ U- 0 Z 0 J CO Cn W U �Q WX /Cn w V • F- LU Cn WI Z U = 5 Z� w0_ a IL X O 0 1U WO w 0. W BARCOM COMMERCIAL I- z 0 S O CA N. co co O O N. M co M EA H9 69. d9 Eri O CCO CD O In N M I's 0 T O CT I` 0 :I) Cp T O 00 Cn co co O N N a) N_ a; CD CCi T O 0 O N O p p M O Cf) to U) M MCD T CI CV N EA. of ER Ef3 Era EMJ CORPORATION KJM COMMERCIAL W U_ a I-- z I-- z 0 S O O O) N. CD co O Cn CD C3) Cn N O o 0 0 O CD M CD M et CM N p) T M O M N F M lA M T M co CN ti N M Cl M T T M o CCD co co co N CD Ei3 ER co Eft fR M C, O M O CD T Ei? 69 : C M .4. in iz 6 "O z L N .c ea a E o d 2 O a m • CD N E co co M to Q E a • c o O CU O. o ❑ a. 5 bT) I- z 0 UNIT PRICE I-� Z H U W re a W co 2 a S H m 2 I- w J Lt. S 0 U H 0 a J 0 0 x C) Q CCOZ M C O co I` U) EP! Cn J rn M M N O 0 N w ❑ -J W Er- re W 0 0 0 w cc Cn DUMPSTER ENCL to < < CIVIL SITEWORK BASE BID, PART B EiT CO C. 1C17) M N r z 0 0 w ❑ r co t.*, CC) co U) CC) SURFACE (TYPE "D" HMAC -301- -J CD CD N Eft CO N O ER CCD aa) N T N. O } N N C) CO CD C[) • T 11) rM N U) o CD rs- N M CD ▪ M C+) T O N CC) O N- T- M CC99 O CO O ti N Lc) O N ❑ Q LU } p w CO CO M IZ U CD Z 2 LL 0, <Z ZO Q ZCOi 00 g -i¢X W�U =¢a J dO W 0.0aawa co PAVEMENT STRIPING SSWALK (THERMO - PLASTIC U W WHEEL STOPS (ADA SPACES) O O 0 0 CONCRETE SIDEWALK 0 U) O O C) Co T o CD Ps 'Cr O CY) OD N 0 ASPHALT TRAIL O co O C) C9 0- 0 CO CCU 69 � fU cuU EO N N w O U 2 Cam/) C O U VJ w U wq UU)) cn z� [ncc U) LLwE O ' Z z Pwa moo W O S QU a w -Ln W U O a N N > o • C O tu 0�' 0 0 phi o m C. U° `om a O. BARCOM COMMERCIAL 1-- z 0 S O O O tf) O O 69 O to ti 69 O co O to U, 69 O M M O 69 O O to N C) 69 O O N ER CD Lt") N to N LC) M 6, O O Lo lf) O OD T 69 69 O 0 O Lf) co, O 0 O N N 69 O 0 00 N N 69 O O Co CA ER O O CA tO ER O O CA O N M 69 O O to N CA 69 69 UNIT PRICE O O O to O O N- 69. co Lo M 69 O O O O CO Lf) ER M to N 69 O O T 69 O O to N 0) ER O O 1 ti N 69 O co 69 M O co 69 O 0 C10 N N ER O 0 CR) N N ER O 0 CV N N ER O 0 O Co CA ER O O O CD ER O O CA O N M 69 69 EMJ CORPORATION H z 0 2 CA ti Ch Off) CD Co 69 ................... r Ch N- co O ER d' T ER N CO CO M M T 69 co O CA M 69 CA 00 CA EH CD OD ti CA T ER Lf) 0 T op O 69 to T CO M to ER CA 0 C co co N 69 UNIT PRICE 0) M CA Co CD 69 N M ER ti N- O T O 69 Lo to 69 N- 4 N 69 N CO CO Cr) M 69 LO CO N 69 N- 0? Co 69 rn co N- CA ER CA 00 N- CA ER CO CO ti CA T ER Lo 0 T to O 69 to M O 69 C) 0 O M co N 69 N- KJM COMMERCIAL H z m 0 a O O O N CO tt� LO 69 O Co CD 69 O N M O O) 69 O O N CA 69 O O O U 69 O O CD CA N 69 N •N O CO co ER O M CD 69 co O M 69 M O M ER O O CO ER CD CO N 6, to O CA Cfl CO 69 UNIT PRICE O O N CO to tt) ER ER O N c'7 O CA 69 69 O O O to 69 O O CD C) 69 O CD n 69 O 0 N N 69 O O CA M 69 O O O co 69 O O N O M 69 O O co co 69 O 0 CO CO N 69 O O to O CA M 69 to Co ER O to t>D M M 0 z C O z N as Ta • E x o • m ra E 0 O 0 U0. )n` .c .cc n I U) w w ::2 cn I- z U) J co W U- U. J W U) J to N O CO O CO (7.1 T 2 W RRIGATION U z 0 U) MAIN ENTRANCE GATE w 0 J U wz0 w t= aZ Z • 0 SEDIMENT CONTROL FENCE ROCK FILTER DAM z 0 U IX V1 z 0 U C g a W at W W S W H Lo m Co m m CD m o) m O N SUB - TOTAL, PART B - CIVIL SITEWORK (B.1 - B.20) BASE BID, PART C - WATER SYSTEM w J w J W W W W W W U- J O N N O M N T T T 6" PVC WATERLINE 2" PVC WATERLINE 6" D.I., M.J. 90 DEGREE BEND 6" D.I., M.J. 45 DEG BEND 6" D.I. M.J. 11.25 DEG BEND 6" D.I., M.J. GATE VALVE 6" AC TO DI ADAPTOR COUPLING FIRE HYDRANT ASSEMBLY TRENCH SAFETY CU M U U O U ti U SUB - TOTAL, PART C - WATER SYSTEM (C.1 - C.9) -302- 1.176-7317 " Page 9 of Cl) W U 5Q (ILI ❑ Z m 2 V) LL w O z= 0 U Cn W� J LL 000 CO <Zu ~ W O QU a W ❑ BARCOM COMMERCIAL EMJ CORPORATION f- z 0 O O O co CI7 O O CO M O V. CO M CO ER O Co U) M ER O O C) M co Eft N Cl N I` O O N Co M Cn M Eft UNIT PRICE z 0 O O O co O O Eft co O N CO C) O Eft O O Co Eft M cc) Eft co N 6fi O CO N- Eft M M N ER ................ ........ _..... ER C) co ti C) ER Eft CA O ti O T Eft ER . _ ............. _..... _.......... .. _ ........... N O N N ti co O M Ef} co co CO CC) O N Eft O O C) M co ER N N ER M Eft Eft O O N N M C) ER Eft UNIT PRICE m N (O C) O ER M N CO T ER CO LO CO Eft r O r ER rn O N C) CO CO I- C) T ER I` O Eft C) N N Eft co N M r N N ER N E9 O O N N Co C) T Eft KJM COMMERCIAL H z 0 M C) C) Cn ER ER EA Co T Eft M C) CD E9 ER Co Co C) r EA- CO CO C) N ER O V. N Co Co 3 ER ER O C) M C) ER O C) CV Co CI) CO N ER O CA N CC) CCi CO N E9 UNIT PRICE O M Co C> Ci Cn ER O N Co M Eft O O N N ER N Cn v Eft O M CA CO ER O O EA C.0 ER ER 0 C70 CO ER O C) M C) ER N T O Eft O W N O In O N ER 0 .. Co M z Z O N as T a 0. m E V s m O 0 cna` O 00 V V N N O m - U) co H a w c W F- BASE BID, PART D - SANITARY SEWER SYSTEM Cn -J W LI_ J LL J W W LL J T T O N O co O T T T O O r W 0 z Q< �j a. a • Q a0 Z W • a Z J w C7 � 6: CLEANOUT cc w wz cn >-O Q w Z Z O • 0 • w a CO 4" PBC FORCEMAIN 4" D.I., M.J. 45 DEG BEND 4" D.I., M.J. 11 -25 DEG BEND TRENCH SAFETY T ❑ N M ❑ ❑ CI) ❑ (D ❑ ti ❑ T d W H N co cc W W N re z U) G a. J F 0 m N BASE BID, PART E - STORMWATER SYSTEM u_ J W Cf) -J LL J oo Co M O ❑ W F- CC CC 0 • W 0= • w = J to 0 W N LU OUTFALL STRUCTURE M W TRENCH SAFETY BASE BID, PART F - ELECTRICAL J T SUB - TOTAL, PART F - ELECTRICAL (F.1) TOTAL PHASE 1 - BASE BID -303- IEXHIBIT "C" Page 10 of 14 O O O co co- 0 Cc0 ea. N N � caU EO y N W C O U 2 ti C 0 U -U) W v rn am° C C co C E G o Lci 0 O L w O a a, aom BARCOM COMMERCIAL F z 0 2 UNIT PRICE $128,420.00 I $ O O CD O N CO N N $110,103.00 I $ O O CD 0) N CO 6i O C10 T O 69 O O O rn N CO CO $ 84,295.00 I $ 69 EMJ CORPORATION Z 0 2 UNIT PRICE co CD M N O T 69 CO CD N O 63 O O CD CD O O N 100,083.00 I $ 6i N C) M CO T a- cs) O O 69 CO N O CO 63 O O 63 CO CD CD tt CO O Co C) 63 co CD C) CA 6, O O C) O ti N 63 O O CO N N N T O N Cn O tt 1 64 O M M O 63 Co C` T m O CA M 6} O D) N- co C) 6} 6i 6i co Cn co Cn 6j CO T T 6i O 64 O Co 6} r N N 6} CO N O 6i CO M 6! T M O CO 64 N O) co co N ER N CO ti 64 O O t` N O 63 63 M CA N O CA 63 69 CO O N O CO 6. 63 N- co Co co O 63 6, N O CA N 6i 6> O 14-). T CO 63 M O N T 69 6i CO 63 M C` 6! M C) 6i 6! CO CO T O 6) 63 O C` T O M co M CO 6> CA N 6i KJM COMMERCIAL F z 0 M M ti 6i N M co- co 6i O O N CO N 63 N N- o) M CO 64 O O CO O N 609 64 CO C- Co 63 N- O ti 0 CO 63 O N: C` O CA M 69 O O M 63 O O CD co C1C) 63 oo O O CA 64 CO CD O C CD N 6i UNIT PRICE O ▪ °O ZLP� M �} M • z C '01 z� a_ • N .a . 0. m d E U a 0 ▪ a. ma ` L • t U)N • (1) 13. f) O M co N- CA 6> Co M O CO CO CA 69 O O O N O 6i C` C` rn M Co 63 N CD M Co Co 6i co CO Co N- Co 6i co N N- M M 6j U) J W W W W W W N N M N N COVERED PAVILION BASKETBALL COURT N 0 I MULTIPURPOSE FIELD M 0 RESTROOM FACILITY NO. 2 MEDIUM SOCCER FIELD SMALL SOCCER FIELD DUMPSTER ENCLOSURE O C9 CO (9 CCD N 6i CR 69 N CO 6i 6i 63 O co O T 6> N O 6i CO CO CO 6! O N 6i O M T 63 BASE BID, PART H - CIVIL SITEWORK } U) J U) >- U W -J LL J W W CL U) W co O M T O co co Co co O CO O N Co O CO CO O M N Co N SURFACE (TYPE "D" HMAC) PRIME COAT O W J U 0 W CO aw Ocf) Z m W Qa - Q W 0 0 0 z z• 0 O p Q • w wa PAVEMENT STRIPING CROSSWALK (THERMO- PLASTIC) WHEEL STOPS (ADA SPACES) U) Z 0 U) z a0 W Z J — m LU0 w Q¢ CONCRETE SIDEWALK ASPHALT TRAIL 2 N 2 M 2 2 Co 2 CD 2 co. 2 2 O 2 —304— EXHIBIT " C" Dftr.n l7 of 7d TABULATION OF BIDS O U) O CO O N. CO '9 a)� as o N . � W C_ O U 7 y C O U T W U Q WX U) Z pr U) WI = 0 Z Z W = a. 00 LL WO QU a w 0 BARCOM COMMERCIAL EMJ CORPORATION KJM COMMERCIAL H z 0 z UNIT PRICE UNIT PRICE F z O O O N CO CNC N O O N. N. ti O N 69 69 U) 0 N N N UNIT PRICE I z d O CO M O O O O N. C) T 69 O O 0 ti C) O O O d9 U) N U) 1- U) 69 O O O co H9 O O O CO T U) H9 O co U) N. U) 69 O O 69 U) T O C) 69 T CC O O O M N 69 O O CO T U) 69 CO U) T 69 o O O O O O N $ 20,000.00 I $ M . 69 M N C) T ER U) O H9 N- O M 69 O O U) M O T €9 O O O M 69 O M M Ei9 O O O N O O O O co N 69 O O N- O N di O O C) M E9 O O M M 69 O O co CO N 69 O U) N C) M W9 O O 69 O O O O C) f+) ER ti O O O E!9 49 U) J U) T O C) 69 O O O O N. N EH O O 0 O N U) J T U) 69 N. U- J N N 69 ti N CV N 69 O O co co 69 0 O 69 W co N. O Co co N- of O 69 O N M O C) Hi O N M O C) U) i CC 69 W N U) M 69 O O tt C) T 69 O U) E!9 U- U) O co M O 0 O O O O N 20,000.00 I $ 69 O O O O O O N 64 O O O O O O N H9 w I- C DRAINAGE SWALE W H 0 z 0 W W T_ N 2 2 IRRIGATION z a 0 J i- z 0 0 0 U_ W H INCLUDED SEDIMENT CONTROL FENCE ROCK FILTER DAM MAIN ENTRANCE GATE LANDSCAPING ALLOWANCE 2 U) 2 ti Co C) 2 BASE BID, PART I - WATER SYSTEM U) CO N 69 O U7 O O Tcr- 69 49 w J CO C) O 69 O O 49 0 M T U- -J O_ O W T 69 O O M M_ ER O Cq co N N 69 W C) CC ti C) T EJ9 C) CO N- C) O O Co o co 69 O O ER W rn CO C) C) CO N. C) T 69 O U) N O M 69 W co N- U) co M 69 C) CO N. C) 0 N. N M ER 6g O O Ui o co 69 O U) N O M H3 W O N. N M 69 O 0 O U) N. N 69 O O O U) N. N 69 W 0 co co U) 69 C) O O M CO N EA O O co; CO N. 69 O O O C) M vi W O CC U) 69 O CO N. T 69 O co O Ei9 w J 69 O O M N. M ER O C) M U) H9 U- J O C) N U) U) T N N O N N O N. 6" PVC WATERLINE 2" PVC WATERLINE 6" D.I., M.J. 90 DEG BEND 6" D.I., M.J. 45 DEG BEND 6" D.I., M.J. 22.5 DEG BEND M.J. 11.25 DEG BEND CO W W w -J U) zLU d J ¢ w �Q oI- tC� FIRE HYDRANT ASSEMBLY TRENCH SAFETY - INCLUDED T N M U) CO N. CO -305- C) O T SUB - TOTAL, PART I - WATER SYSTEM (1.1 -1.10) EXHIB T "C" Page 12 of 14 O rn O co as 0- cD co C9 O N N U E° y LU c 0 U 7 W c O U T C/) W U LQ W CA W cO~ • z� El 2 co LL W O z= O U Z co f=wa gum m O O a LL Z W O Q U 0 w y LL) U C) d N ce CD OCOf) c C a a) c a� ,n U `o m a p CI_ 0 CO n BARCOM COMMERCIAL F z 0 CD O C` f• C) U) O O U) C; ER U) N C) co N O CD M CD O O CD La U) O O C") C) O O M CD N O O CO M CD C7D N O co M CD CD M O O O N O U) O O O N O U7 ER $ 1,071,390.03 UNIT PRICE C) O N El) M N 9 CO CO N 1.0 CO N ER O O co M O N CO CO O N Cl, N N U) U) ft U) U) r CO O O O CO co R ER O O 'ES N C) U) Cl, EMJ CORPORATION H z O co co O C` C) w cc) U) co M rte O cc U) o O N O ER ti C? N Ch u) v r` C) N M O v UNIT PRICE CD M N 69 69 C) C) C) N ER M 'ct U) CD C) ER CD U) CO N T ER O U) N N M N M Cl, U) N N- O r` CA N M U) U, KJM COMMERCIAL H z O O to ci N O O O U) r- Cr U) O O O r, co CD ER U) N T C) n N O O O CD CD O O ci N U) C) U) Ui M N N O O O CO CO O M N r O ti O O DO r O M O O CD 0 M O CD U) CD U, I- z 2 O M U) N (fl O_ N ER O U) C• N O O O co O Cr) 69 O O O C` T N O n M 69 M Cn CO 69 O N- r ER O O M CD co IC) O W 1- } U) Q' W W EC z U) a 0 co W N m LL J LL. J LL J U- -J W W U) O U) N O U) N U) O N M TRENCH SAFETY U- CC) 0 w J 0 2 z 2 Co -J Q w• a mw LL O 6" PVC CLEANOUT N U) BASE BID, PART K - STORMWATER SYSTEM LL J LL J W W LL. J O CO U) N M O N T N C) O p W >- 0 w Z LU o } 2 = O w = J O T CD CL W W U z 0 U 0 w U 0 U- z CLw M d p z w p W a O co W Z W W 0< a 0CC CONCRETE GRATE INLET TRENCH SAFETY N SUB - TOTAL, PART K - STORMWATER SYSTEMS (K.1 -K.5) BASE BID, PART L - ELECTRICAL m J T 0 Q 0 z H 0 J U cc U W LLUU w� COQ. J SUB - TOTAL, PART L - ELECTRICAL (L.1) TOTAL PHASE 2 - BASE BID —306— EXHIBIT "C" Panesl�nf14 o w o >. o) m O. �� C a) ai � �U Eo N W C 0 Vol I- u C 0 U W U LQ co W co 0 /- a Z d' u ) U- w E oZ= U o Z w� a u- 0 0 mm�0 w0 QU O- W 0 BARCOM COMMERCIAL H z 0 $ 1,802,235.51 V m O z co 0 z V CO O z UNIT PRICE V CO O Z EMJ CORPORATION F z O O O O N O O r E9 O O 0 N O O r ER 0 O ................ N M N O O N M U) co O O N M U) co E9 $ 2,123,021.74 $ 2,144,393.86 $ 2,209,714.86 UNIT PRICE O O O O N M N N U) N O O N M U) co Eg KJM COMMERCIAL Z 0 M tt M co O w E9 €0 O LC) U) ea N M 0 O U) M M O co O U) M M O O 1,800,845.30 E9 1,890,679.64 E9 1,931,000.14 E9 1,992,033.64 UNIT PRICE M M O O) co E9 O U) vi 0 U7 M M 0 r cO fie o� ao Cr" M r O • Z O Z a N a.. r a a Ea d To E D V r id Q vain` .0 .0 (0 CO w w0) I- z a W F- 0 m W I- ADDITIVE BIDS ALTERNATE BID, PART AA.1 - RESTROOM FACILITY W RESTROOM FACILITY NO. 3 TOTAL, ALTERNATE BID, PART AA.1 0 0 M N U) RETENTION POND EXCAVATION 0 J w� m CC Ow Q Z w U = a aQ Q■ TOTAL, ALTERNATE BID, PART AA.2 ALTERNATE BID, PART AA.3 - SKATE PARK V"' SKATEPARK FOUNDATION TOTAL, ALTERNATE BID AA.3 TOTAL BASE BID BASE + ALT AA.1 m W Q U J W N d —307— 0 w0 0 ce W W Ur Z O 0< U L1X I.L N W m= Z Z0 OO mQ 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. cu 4-3 f6 -o J co co dl O O N U -ZtiE- 0 a) a) L CO .O Ti. .4-1 cti° E N • — ci' o ca.. •/ +,, C . c C CU cn V _V.— w X > .> _ 73 CO CU c 1 V v) CD •— L a V E (1) 4- O c o �..c bA = .16 C V .— _0 L L LC . -.� CD O cu .2 C 4- a v a °D EE > o o a a) V •... 0 b.)) 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X 1.1.1 a) 0 0 a. mprovement Goa ncrease customer outreach efforts -9 .17E- 3 U i O a) _c E 4-J 0 •- .0 O cn cn U f6 CIO a) o CC a a) O can ' — U . -C CO Q 0 U c a) i + 3 O s Q. � O . = . — O > N O •- - p 0 4J „ CD o 0 _c c U a-+ C CO 'O id 5 ° . o a .— a, 2 a co 2 E +J▪ ai oa) "a c 73 to ti.. CU a a� aA o •_ > .� c C6 V-C U m 0 �ca Q- i 4- L/) opportunities and options (Customer Bi co 0 L9 4—) cu a) 0 -LE- project types CD 0 Ctla • - 0 C a) E a) CD OA CD 2 E 4-Ju cu • OA • czi UCI) 2 0 +ac a) CD 0- MC(1) .11:5 a) E 5- a) CD •._. • cu co C a) C •._. a) 2u 0. " 4-Icw 0 a) _c +.• Ci") 0> a) • I E CD a) a)`" U 2 ft; cu • 0 4-1 C CU E Q00'3_ cu 2 2 sa, C 4•J • CU e) 4-1 cu 41 2 C C 2 a' f o CU EEcE CU CD CU i73 0_ E E (7). mprovement Goa - 8bE- a1 -0 a) — O •E•J — C 0 a) co = O CO e 4-, C -0 co O ._ .. -0 co 0 a) ..c co CO co O Q V) .,0_ v a) E v 2 CD a) 40 o c. >- 0 aD Q Q cn O N O 0.. N C co V) D O 'c a1 c .4.1 CU U — O U (1) ..0 • — a) U ca co 5 cu 0 C ar S 0 73 C C � i a) co �' bO tip (1) r a . •- 'C 0 'C a) E CO p CD O ▪ U �, • E aA +J +' "▪ D yam... - '— O x C 0 a) 3 CO 0 a, c W a) N E ri, 2- • 0 CI a >% Q o c� to = E u 73 -� .— ▪ C > & CD z V V cn U 0 fp v) :y, 2 0 Customer Survey 10/09 Customer Survey 3/09 0 —6V£— (13 c L... 3 (r) • v �`n O`er s- 0 Zi3 0--', O t0 Z a 6 1,..-.; O CD t 'O L) N V 0 a -O s` Cu LZ 0 � N cn cNn � � CO �, � w Va0 �°;a,�m00 a)au� f°ov a.) va) L. �g >� � , CO0L.�� Z o n 0 4— L� a c i D -.L' V m DC 0 U O O CO v 0 co U • • 0. CO CO 0 CO a) 0 a) a) 0 U O U t"% C •- C co a) -OSE- a) 1:-- E v; 4u O C Q. c 5 O O C C • . .... CD L VI a) C ssue reso ❑ ❑ a) U C O U a) C 0 E C C O U N a) 4.3 a) C a) U 4A C a) E 4-•+ a) cn U .0 0 ❑ ❑ • • • • • • • • C Timeline Forward from October '09 V 0 N c a O � � U a'� C� O v - ✓ +a a) a.) Mbi c E g CO cl C fa COL▪ ) 4-1 U cu 0 C L 0 - • 0 � • --. Q0 C (1.) o E ,E x ,0 M -LSE- project types — 0 0 C C C C) E a) C. E O 5 z +d • z z 0 0 a 0 E M Performance Measurement — 1 W V a) ( a) Ew CU CU co OC O O V U o a, z a) 23 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 (NI tor 4' 0 >- U- 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 amp auu -o a) E a) Q E a) co I O c N C) 0 co CO a = F CO > cn2 W w1— 06 mix) 0) r �� c L .O g O m N CZ W —u) co O a) I fl • — OPEB Bonds a) U L Lc" O Co C O O c N cm Q D I..L a) O =Q 73 0 O U Q r c co (6 N _ O c -00 - OQ a Lo ■� �U N Co C Li - Co I" L U L Q .c c U -0 p C) LL cm co `~ O O Q cl- O .N _Q (6 U U N O._ N c U °� '� h D 4- - 92 To a) , o c O co 2 > co N _ Z a=+ a) u) Q 0 0 a) L Ufi CD-" or2 o Q � 0 c O) J c U c N c= O C CO 0_ O N CO p 0 0 c o E r co a) o 0_ U c . . u) c a) . D D — Z I I I I N O Z. ca c- o Co > 0) o O O O N N E 0 —a ono E o�� 00 N z L4)D a) Lo U 2 m w o rI o a.) • oa 0 °L' .L a) -5 -o co ate-+ c a) 7 .( a) 0_ Q Li- U- U 0 06 Q 0 0_ 0 0 0 E2 +) J co Q a) 72 0 0_ (0 L 0 0 0 0 a > 0 a) a L 0 CC 0 0 c E (T) 0 a) a 55 c0 ca -0 NU CO . ID • �z z}, CO a O Q )a o • r acco 00o co -' U E 2 To Q m N N -0 N ct cL c LL o 0 o 0 N 4) I Researched and Evaluated 0) -E° m N 4) O 0)0_ ca O 0) 5 a) a) � co 0_ U s 0 I a) a) E E 0 I �_a V ) m Q 0 0 0 co a) co L 0_ = 0 H U) m L OJ . o_ 73 D W U73 U) c13 M a) '� co (6 O o o o 0 - N N ' - '1- (1) . - = CO a3 N .S) co 0 co a) a) > czN. co il� o o O 2 HE c ��o co L_ O • I. }' — _a 1 _a c) P 0) 0 0 0.0 o c O 0 c 2 -0 U o c o Lc� �'= O • O OHO 4_ = N 2 N 0_ rLi&) r TY c� O c6 2� 2 z},•cn O �•� co o �� �\ _C >, N co c6 = o — C 44- , CO cp_ (13 no (13 a) cs w x— N N 0 5 i— N H-Q o•- E H. o H o_._ Lo 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