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HomeMy WebLinkAboutAgenda Packet City Council - 10/19/2010.� a :� • "�"� rr 11:45 A.M. - Proclamation declaring October 23, 2010 as "Texas Paralegal Day" Proclamation declaring October 24 - 30, 2010 as "Pro Bono Week" Swearing -in Ceremony of newly appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 OCTOBER 19, 2010 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 limitedo, habra un interprete ingles- espanol en todas las juntas del Concilio pars 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 Rabbi Kenneth D. Roseman, Congregation Beth Israel. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Mark Scott Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting October 19, 2010 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 12, 2010. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. Motion approving the purchase of one (1) long reach hydraulic excavator from Waukesha Pearce Industries, Inc., of Corpus Christi, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $269,094. This unit is a replacement to the fleet. Funding is budgeted and available in the Maintenance Services Fund for FY 2010 -2011. (Attachment # 2) Agenda Regular Council Meeting October 19, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving the lease- purchase of approximately 6,405 curbside collection containers from Schaefer Systems International, Charlotte, North Carolina for the total amount of $298,420.50. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease - purchase of the curbside collection, containers will be provided through the City's lease- purchase financing program. (Attachment # 3) 4. Ordinance appropriating $29,850.60 from the Radio System Capital Replacement Reserve Fund, amending the FY 2010- 2011 budget, adopted by Ordinance No. 028683 to increase appropriations by $29,850.60 in the Fund No. 1020 General Fund Police Department budget to pay for replacement Uninterruptibie Power Supply (UPS) systems at the radio transmitter sites for the City, County, and RTA radio systems. (Attachment # 4) 5. 6. a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $100,964.38 from the State of Texas, Criminal Justice Division to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 11 with a City cash match of $40,906.69, in -kind match of $7,200 for a total project cost of $149,071.07 and to execute all related documents. (Attachment # 5) b. Ordinance appropriating $100,964.38 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund, and authorizing the transfer of $40,906.69 from the No. 1020 Cash contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds. (Attachment # 5) a. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Calalien Independent School District for use and access of District facilities as shelters of last resort in case of an emergency or hurricane. (Attachment # 6) Agenda Regular Council Meeting October 19, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with West Oso Independent School District for use of school buildings during emergency or hurricane as shelter of last resort. (Attachment # 6) c. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Del Mar College for use of school buildings as shelters of last resort for First Responders in case of an emergency or hurricane. (Attachment # 6) 7. Ordinance authorizing the resale of nine (9) properties for $37,800 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $4,173.06 plus $9,285.23 for partial payment of City paving and demolition liens. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute Amendment No. 4 with HDR Engineering, Inc. of Corpus Christi, Texas, in the amount of $104,019 for a total restated fee of $1,296,316 for Airline Road Improvements from Saratoga Boulevard to Rodd Field Road for additional design phase services to include the realignment of Airline Road, Rodd Field Road and Yorktown Boulevard intersections. (BOND ISSUE 2004) (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute a Right -of -Way Easement instrument with Ronald S. Browning in the total amount of $62,539, for the acquisition of Parcel 12 containing 1.315 acres of land, located at the northeast corner of Airline Road at Slough Road, necessary for the Airline Road Street Improvement Project, Saratoga Boulevard to Rodd Field Road, Project #6465, (BOND ISSUE 2008) and for other municipal purposes. (Attachment # 9) I. 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 Agenda Regular Council Meeting October 19, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. 10. Executive Session under Texas Government Code Section 551.071 regarding Cause No. 09- 1984 -H; King Isles, Inc. vs. SWBeII Telephone Company et al; in the 347th Judicial District Court, Nueces County, Texas, with possible discussion and action in open session. J. PUBLIC HEARINGS: STREET CLOSURES: 11. Public hearing and First Reading Ordinance to consider abandoning and vacating a 29,774- square foot portion (0.684 acres) of an undeveloped and unsurfaced 55 -foot wide dedicated public right -of -way (Paxton Street), out of the Navigation Industrial Park, said public right of way being located north of the Agnes Street public street right -of -way; subject to compliance with the specified conditions. (Attachment # 11) 12. Public hearing and First Reading Ordinance to consider abandoning and vacating a 25,774 - square foot portion (0.59 acres) of an undeveloped and unsurfaced 20 -foot wide dedicated public right -of -way, out of the Flour Bluff and Encinal Farm and Garden Tracts, Section 31, Lot 11, said public right of way being located just south of the Williams Drive public street right -of -way; subject to compliance with the specified conditions. (Attachment # 12) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 13. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Halff Associates Inc., of Houston, Texas, in the amount of $201,070 for the Update to Parks, Recreation and Open Space Master Plan. (Attachment # 13) Agenda Regular Council Meeting October 19, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 14. Motion authorizing the City Manager or his designee to execute a construction contract with J. S. Haren of Athens, Tennessee, in the amount of $1,199,500 for the Base Bid and Additive Alternate Nos., 1, 2, and 3 for the Allison Wastewater Treatment Plant New Mechanical Bar Screen Facility. (Attachment # 14) 15. Motion authorizing the City Manager or his designee to execute a construction contract with Grace Paving and Construction, Inc. of Corpus Christi, Texas, in the amount of $1,047,037 for Robert Street from Gaines to Ocean Drive. (BOND ISSUE 2008) (Attachment # 15) 16. a. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with Nueces County regarding denial of vehicle registration pending resolution of outstanding red Tight camera civil penalty, with payment to County in the amount of $7.50 per registration issued. (Attachment # 16) b. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with Texas Department of Transportation ( "TxDOT ") to flag vehicle registrations for nonpayment of red light camera civil penalties, with payment to TxDOT of $23.00 per computer file submission plus $0.12 (twelve cents) for each transaction (inquiry, flag or clear) submitted to TxDOT. (Attachment # 16) 17. Motion to consider a request for an additional 180 -day extension of a Special Permit, to April 14, 2011, to allow for a pet groom and boarding business, small dog and cat rescue shelter, and dog service and therapy /training facility, on property located at the southwest corner of Gadwell Street and Laguna Shores Road, in Case No. 0309 -01, Ross and Judith Sisson. (Tabled on 10/12/10) (Attachment # 17) (RECESS REGULAR COUNCIL MEETING) L. CITY CORPORATION MEETING: 18. CORPUS CHRISTI HOUSING FINANCE CORPORATION (CCHFC): (Attachment # 18) Agenda Regular Council Meeting October 19, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION REGULAR MEETING DATE: Tuesday, October 19, 2010 TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. CaII meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers John E. Marez, President Angel R. Escobar, General Manager Kevin Kieschnick, Vice -Pres, Armando Chapa, Secretary Joe Adame Mary Juarez, Asst. Secretary Brent Chesney Cindy O'Brien, Treasurer Larry Elizondo, Sr. Constance P. Sanchez, Asst. Treas. Chris Adler Priscilla Leal Nelda Martinez Mark Scott 3. Approval of the minutes of July 13, 2010 4. Approval of the financial report. 5. Resolution approving an amended Memorandum of Understanding with NRP Holdings, LLC in connection with the development of Costa Tarragona II Project; approving an amended Purchase Agreement for the acquisition of land and ground lease of such land to Costa Tarragona II, Ltd.; authorizing the General Manager to take all necessary actions in connection with the carryforward and documentation of the award of Low - Income Housing Tax Credits in the amount of $1,333,459 and HOME funds in the amount of $500,000 from the Texas Department of Housing & Community Affairs for the Costa Tarragona II Project and related matters. Agenda Regular Council Meeting October 19, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Public Comment. 7. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 19. City's Americans with Disabilities Act (ADA) Title II Transition Plan and Non - Discrimination Ordinance FY 2009 -2010 Annual Update (Attachment # 19) N. 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 19, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. CITY MANAGER'S COMMENTS: (NONE) P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 0/ p.m., on October 14, 2010. d 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 2010 -2011 �a Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase II Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 12, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Brent Chesney Council Members: Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal Nelda Martinez Mark Scott ABSENT John Marez City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Kevin Jennings with Mt. Olive Lutheran Church and the Pledge of Allegiance to the United States flag was led by Council Member Scott. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of September 28, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Adame referred to Item 2 and the following board appointments were made: Ethics Commission Laura Hebert (Reappointed) Ken Bung (Appointed) Harry Hallows (Appointed) Park and Recreation Advisory Committee Rene Richard Gutierrez (Reappointed) Huxley Smith (Reappointed) Ron Woods (Reappointed) Rick Barrera (Appointed) * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 3 - 13). There were no comments from the public. Council members requested that Items 7, 10 and 11 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2010 -234 Motion approving the purchase of a 4- channel 800MHZ EDACS radio system and antenna for the City of Portland to enhance signal penetration for all their Public Safety personnel and provide interoperable communications, from Dailey & Wells Communications, of San —1— Minutes — Regular Council Meeting October 12, 2010 — Page 2 Antonio, Texas based on sole source for a total expenditure of $388,500. Funds are available through the Public Safety Interoperable Communications Grant which includes a 20% cash match from the City of Portland. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 4. RESOLUTION NO. 028794 Resolution authorizing the submission of a grant application in the amount of $99,975 to the State of Texas, Office of the Governor, Criminal Justice Division for funding available to address gang issues, funds to be used for overtime and fringe benefits in the Police Department, and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 5.a. RESOLUTION NO. 028795 Resolution authorizing the City Manager or his designee to accept a grant of $25,000 from the Coastal Bend Council of Governments and to execute an Interlocal Agreement to provide recycling and anti - litter education. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 5.b. ORDINANCE NO. 028796 Ordinance appropriating a grant of $25,000 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund to provide recycling and anti -litter education. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 6. RESOLUTION NO. 028797 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas A &M University — Corpus Christi in the amount of $14,634 for the Brownfields GIS Data Project which is funded by U.S. Environmental Protection Agency Grants. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 8.a. RESOLUTION NO. 028798 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 the grant agreement to begin September 1, 2010. -2- Minutes — Regular Council Meeting October 12, 2010 — Page 3 The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 8.b. ORDINANCE NO. 028799 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: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 9. MOTION NO. 2010-237 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with B. Harman Engineering, LLC of Corpus Christi, Texas in the amount of $71,701 for a total restated fee of $393,334 for the Oso Water Reclamation Plant Process Improvements, Belt Filter Press Building Replacement project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 12. ORDINANCE NO. 028800 Amending the Code of Ordinances, Chapter 36, regarding fees established by golf course operators under lease with the City for operation of City golf courses; providing for penalties; and providing for publication. (First Reading — 09/28/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 13. ORDINANCE NO. 028801 Authorizing the City Manager, or his designee, to execute a thirty -year lease with Corpus Christi Developments 1, LLC, with two ten -year options to renew, for approximately 356,320 square feet fronting West Glasson Road (Industrial Park) to construct a distribution facility and related improvements, in consideration of Corpus Christi Developments 1, LLC, paying $.09 cents per square foot for unimproved land including an adjustment of 3% every five years as set out in the lease. (First Reading — 09/14/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. Mayor Adame opened discussion on Item 7 regarding subcontracts for the 78415 Zip Code. Council Member Leal stated that she had previously requested that a letter be sent to the governor to request that a different governmental agency be the steward of the 78415 program funds. Director of Parks and Recreation Michael Morris said he was not aware of such a letter. Ms. Leal requested that a letter be sent on her behalf to the state for this request. Assistant City Manager Margie Rose explained that department directors do not send letters on behalf of council members unless directed by the entire City Council or the City Manager. Council Member Leal stated that she feels -3- Minutes — Regular Council Meeting October 12, 2010 — Page 4 that the funds are not being used to services the people in the 78415 area and that she has requested that staff provide information on the participants in the program. Mr. Morris explained that the funding is only provided to 78415 participants and the providers that are not in the 78415 zip code can only use these funds to services students that are registered in the 78415 program. In response to Council Member Elizondo, Ms. Rose reported that staff will provide as much information about participants in the 78415 program as long as it is in compliance with state law. City Secretary Chapa polled the Council for their votes as follows: 7.a. MOTION NO. 2010 -235 Motion authorizing the City Manager or his designee to execute a subcontract with Communities in Schools, Corpus Christi, Inc., in the amount of $75,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 7.b. MOTION NO. 2010 -236 Motion authorizing the City Manager or his designee to execute a subcontract with SERCO of Texas in the amount of $100,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. Mayor Adame opened discussion on Item 10 regarding the Corban Townhomes Looping Water Main Improvements. Council Member Adler raised several questions regarding work performed by Bridges Specialties for the removal of the water tank project on Holly Road including whether Bridges is on the City's suppliers lists or listed on the State of Texas recognized HUD list; the requirements to get on these lists; and whether the City advertised or issued an request for proposal on the project. Ms. Adler stated that the City paid Bridges Specialties $2,900 for demolition of the project and Bridges Specialties removed scrap iron from the Holly Road project worth over $250,000. Ms. Adler said that the City should have known the value of this tank and requested answers to her questions. Director of Engineering Services Pete Anaya stated that he would meet with Council Member Adler to respond to her questions. Council Member Scott requested that the explanation be provided in the Council packet. City Secretary Chapa polled the Council for their votes as follows: 10. FAILED The foregoing motion failed with the following vote: Adame, Leal, Martinez, and Scott, voting "Aye"; Adler, Chesney, Elizondo, and Kieschnick, voting "No "; Marez was absent. Mayor Adame opened discussion on Item 11 regarding the acquisition of property for the Flour Bluff Drive, Phase 1, SPID to Graham Road Street Improvements. City Secretary Chapa announced that Mayor Adame and Council Member Scott would abstain from the discussion and —4— Minutes — Regular Council Meeting October 12, 2010 — Page 5 vote on this item. Council Member Leal asked questions regarding the purchase of property not being included in the bond description; the cost of the property; whether it was a common practice to have the owner hire their own appraiser; and the process forthe selecting the title company. Director of Engineering Services Pete Anaya explained that the bond descriptions are not all inclusive of every bid project for each item. Manager of Property and Land Acquisition Sonny Garza explained that the City generally hires the appraiser; however, in this case the Smith family contracted American Appraisers to appraise their property. Mr. Garza added that the City has used American Appraisers in the past and has a level of confidence in their work. Chip Urban, Urban Engineering, reported that the Smith family had hired American Appraisers forthe existing WaI -Mart project prior to the City's involvement in the Flour Bluff project. Mr. Urban added that the appraisal of the property is valued based on the future land use of the property. Mr. Garza stated that the value of the property was determined as residential and commercial and the costs include the construction of a new cattle fence and other improvements to the grazing area for a temporary construction easement. Mr. Garza explained that the City selects title companies from a rotating list unless the landowners request to use a specific title company. In response to Ms. Leal, Mr. Anaya explained that the City considered four alternative routes for this project. Council Member Chesney spoke regarding the appraisal from the Appraisal District and the seller's requirement to provide the title insurance. City Secretary Chapa polled the Council for their votes as follows: 11. MOTION NO. 2010 -238 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Gregory H. Smith, et al. for the acquisition of Parcels 1 and 1 -TCE in the total amount of $331,112 for acquisition of fee simple property rights to 7.10 acres of and for drainage purposes, 3.707 acres for Temporary Construction Easement, new cattle fencing and other minor improvements, including $3,000 for closing costs, all necessary for the Flour Bluff Drive, Phase 1, S.P.1.D. to Graham Road Street Improvements, Project #6498, and for other municipal purposes. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, and Martinez, voting "Aye "; Leal voting "No "; Adame and Scott abstained; Marez was absent. Mayor Adame announced the executive sessions, which were listed on the agenda as follows: 14. Executive Session under Texas Government Code Section 551.071 regarding the City of Corpus Christi, Texas vs. Friends of the Coliseum, Cause No. 10- 60455 -4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. 15. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action in open session. 16. Executive session under Texas Government Code Section 551.071 regarding police collective bargaining negotiations, with possible discussion and action in open session. Minutes — Regular Council Meeting October 12, 2010 — Page 6 The Council went into executive session. The Council returned from executive session. Mayor Adame advised the public that no action would be taken on the executive session items. * * * * * * * * * * * * Mayor Adame opened discussion on Item 17 regarding a service agreement with the Corpus Christi Regional Economic Development Corporation (CCREDC) to manage the City's economic development program. Assistant City Manager Oscar Martinez explained that during the budget process, Council approved the consolidation of the City Economic Development Department and the CCREDC. Mr. Martinez stated that the term of the agreement is from August 1, 2010 through July 31, 2011 with an annual payment from the City in the amount of $125,000. Mr. Martinez reported that the CCREDC agrees to provide professional services to manage and oversee the City's economic development programs. Mr. Martinez added that this agreement is separate from the existing consulting services agreement with the CCREDC. Mr. Martinez provided a brief overview of the terms of the agreement and responsibilities. Council Member Martinez requested a memo on the status of all of the contracts and agreements approved by the Type A Board. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17. MOTION NO. 2010 -239 Motion authorizing the City Manager or his designee to execute a service agreement with the Corpus Christi Regional Economic Development Corporation (CCREDC) whereby CCREDC will manage the City's economic development program for an annual fee of $125,000. The term of the agreement is August 1, 2010 through July 31, 2011. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. Mayor Adame opened discussion on Item 18 regarding the appropriation of $180,496 for additional personnel, a new wrecker and operational costs for the implementation of enforcement of no insurance violators. Police Chief Troy Riggs referred to a powerpoint presentation including statistics on no proof of insurance violators and background; the new impound facility; the proposal to step up enforcement; implementation of the additional personnel, the new wrecker, and other operational expenses; and goals to increase compliance. Chief Riggs stressed that this issue is about law enforcement and not revenues. The following topics pertaining to this item were discussed: future privatization considerations; the capacity at the current impound and proposed impound lots; the location of the new vehicle impound; whether there is a plan in place for scrap vehicles; and enforcement efforts. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked Chief Riggs for stating that this is a law enforcement issue and encouraged the City to be good stewards of the taxpayer's money. Tony Harwell questioned whether the City is in the business of auto sales and making money off people that can't afford auto insurance. Mike Staff, 3122 Leopard, stated that it is a right to drive a vehicle and not a privilege and the privilege requires that drivers have insurance. Mr. Staff added that this is a fact of law and quality of life and spoke in support of the project. Minutes — Regular Council Meeting October 12, 2010 — Page 7 City Secretary Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 028802 Ordinance appropriating $180,496 from anticipated revenues in the No. 1020 General Fund, changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and expenditures by $180,496 each in the General Fund No. 1020 for additional personnel, a new wrecker, and operational costs to hold six more auctions in FY 2011. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. MayorAdame opened discussion on Item 19 regarding the 2010 Property Tax Levy. Interim Director of Financial Services Constance Sanchez explained that this item is the formal approval of the property tax levy and the last step in complying with the Truth and Taxation requirements. Ms. Sanchez provided a brief background and stated that the property tax levy is $640,000 Tess than last year. Ms. Martinez made a motion to approve the 2010 property tax levy. The motion was seconded by Mr. Kieschnick. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. MOTION NO. 2010 -240 Motion approving the 2010 Property Tax Levy of $79,413,745.40 based on the adopted property tax rate of $0.582269 per $100 valuation, in accordance with Section 26.09(e) of the Texas Property Tax Code. The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Martinez, and Scott, voting "Aye "; Chesney, Elizondo, and Leal, voting "No "; Marez was absent. (Note: Adler and Scott were originally absent from the vote, and there was a concurrent vote of the Council to accept their votes of "Aye ") MayorAdame opened discussion on Item 20 regarding the Cefe Valenzuela Landfill Sector 1A Liner and Leachate Collection System. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project scope; the project schedule; and budget. Frank Pugsley with Chiang, Patel & Yerby, Inc. was available to respond to questions. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20.a. MOTION NO. 2010 -241 Motion authorizing the City Manager or his designee to execute a construction contract with Frisco Construction Services, Inc. of Frisco, Texas in an amount of $2,714,958.50 for the Cefe Valenzuela Landfill Sector IA Liner and Leachate Collection System. Minutes -- Regular Council Meeting October 12, 2010 — Page 8 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, and Martinez, voting "Aye "; Elizondo, Marez, and Scott, were absent. 20.b. MOTION NO. 2010 -242 Motion authorizing the City Manager or his designee to execute a contract for engineering materials testing services with Kleinfelder, Inc. of Corpus Christi, Texas, in the amount of $324,475 for construction of Cefe F. Valenzuela Landfill Sector 1A Liner & Leachate Collection System. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, and Martinez, voting "Aye "; Elizondo, Marez, and Scott, were absent. MayorAdame opened discussion on Item 21 regarding the Oso Effluent Re -Use Distribution System Phase 1 project and the Water Re -Use Master Plan (City Wide) project. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including the background; project scope; project limits; schedule; and costs. Chip Urban with Urban Engineering was available to respond to questions. The following topics pertaining to this item were discussed: the schedule for the rate study for effluent and when the Council will deliberate the rate; if Phase 1 extends to Kings Crossing; whether this project was part of the short term CIP; the cost to provide effluent water to the golf courses; the cost associated with Phase 2; and consideration for future users of the line. Council Member Martinez expressed concern regarding the costs for the infrastructure and there not being a rate plan. There was a consensus of the Council to direct staff to develop a rate plan as soon as possible. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21.a. MOTION NO. 2010 -243 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Urban Engineering, Inc. of Corpus Christi, Texas in the amount of $463,200 for design, bidding, and construction phase services and additional services for the Oso Effluent Re -Use Distribution System Phase 1 Project. (Wastewater CIP FY 2010) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 21.b. MOTION NO. 2010 -244 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Urban Engineering, Inc. of Corpus Christi, Texas in the amount of $253,000 for the Water Re -Use Master Plan (City Wide) Project. (Wastewater CIP FY 2010) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. Minutes — Regular Council Meeting October 12, 2010 — Page 9 Mayor Adame opened discussion on Item 22 regarding a request for an additional 180 -day extension of a Special Permit for Case No. 0309 -01, Ross and Judith Sisson. Assistant City Manager Johnny Perales introduced Senior Planner Miguel Saldana with Development Services. Mr. Saldana referred to a powerpoint presentation including a 2009 aerial photograph; ownership map; the existing land use map; additional views of the subject property; the future land use map; department comments; the planning department and animal control department findings; and staffs recommendation to not grant an additional extension of the Special Permit. Judith Sisson, applicant, and Tony Hartwell, Public Relations Director of the Coastal Bend Small Breed Animal Rescue, were available to respond to questions. City Staff members Annette Rodriguez, Director of Health; Kelli Copeland, Animal Care Services Manager, and Manuel Garcia, Septic Inspector, were also available to respond to questions. Mr. Hartwell stated that the previous special permit should have been extended for a full year due to the hurricane season approaching and bad weather conditions. Mr. Hartwell added that because of recent rain events, there is still standing water on the property which will not allow for the installation of the aerobic septic tank. Mr. Hartwell explained that the pictures presented by staff refer to a driveway that is not on the rescue site; a bus that is not on the property; and the horses are personal property of the applicant. Mr. Hartwell presented a packet of the materials purchased to verify that the applicant is trying to comply with the special permit conditions. Mayor Adame called for comments from the audience. Jan Shipman West spoke in support of the Council granting the special permit. Ms. West stated that the Coastal Bend Small Breed Animal Rescue is doing an excellent job. LaDonna Hurst, board member of the Coastal Bend Small Breed Animal Rescue, spoke regarding the benefits of the rescue and encouraged support for the extension. Carolyn Moon, 4902 Calvin, spoke regarding abandoned animals and stated that the City needs more people rescuing animals. An unidentified man stated that he has donated money to the rescue to complete the project and hopes that the Council considers the extension. The following topics pertaining to this item were discussed: the current status of construction and the septic tank; the animal care; drainage on the property; whether the applicant is in violation on the number of animals; and the number of conditions required to complete compliance; City Attorney Valdez announced that he was notified that there is a judgment pending against the applicant that may prohibit the applicant from conducting this business and requested additional time to review this matter. Mr. Kieschnick made a motion to table this item for one week. The motion was seconded by Mr. Chesney. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 22. TABLED TO OCTOBER 19, 2010 Minutes — Regular Council Meeting October 12, 2010 -- Page 10 Mayor Adame called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke regarding the need to update the sign ordinance and the smart growth ordinance on infill development. Joan Veith, 5701 Cain Drive, asked the Council to consider a No -Wake Zone ordinance for neighborhoods during large rain events when there is high water. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 22.1. regarding a service agreement with BFI Waste Services of Texas, LP, for the collection, processing, and marketing of residential recyclable commodities. City Secretary Chapa announced that Council Member Chesney would abstain from discussion and vote on this item. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including a history; 2011 budget; the current recycling program; the request for proposal process; the proposal review process; the selection of BFI Waste Services; BFI processing facility plans; BFI contract summary; drop off centers; recycling education; and staffs recommendation. Robert Bradley and Brad Duges, BFI Waste Services of Texas, LP, were available to respond to questions. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, expressed concern that the data was manipulated by staff and stated that the taxpayers do not support recycling at this time. Carrie Robertson, 4401 Gulfbreeze Boulevard, stated that recycling is good for the environment and will bring the City into the 21St century. Rick Carpenter, Dolphin Recycling, stated that single stream recycling is the way to go. Mr. Carpenter also spoke regarding the components of his proposal to the City. The following topics pertaining to this item were discussed: how the average of 700 tons per month was determined; the current tonnage per month that is collected; modeling the program parameters similar to other cities; the break even number; liability to the City if the tonnage collected is lower than 700 tons; the guaranteed process fee of $60; the floor commodity of $85.00; the education program; the fee structure for residents; termination language in the contract; the recycling incentive program; the drop off centers; consideration of glass; the annual payment to BFI; concern that the ratepayer will be exposed if there is a loss; the consumer price index; consideration to add language to Item 3(c) requiring that final approval of the review of fees be brought to the Council; engaging the arts and cultural programs in the marketing; the reason the scoring of the cost revenue share for Dolphin Recycling was so low and the difference in qualifications; the floor and ceiling on rebates; the length of the contract; and whether fuel costs or technology cost would impact the contract. Council Member Scott stated that he was uncomfortable voting today because of the issue regarding the floor and ceiling on rebates and the liability to the city. Mr. Scott asked staff to go back and have a conversation with BFI regarding that issue. Mr. Scott also expressed concern regarding the projected participation. Brad Duges, BFI, stated that there is a history that shows that the City is going to embrace recycling. Mr. Duges spoke regarding the agreement on the floor and ceiling and reminded the Council that the proposal included the commitment of $4.3 million for plant improvements. Council Member Martinez asked whether there were any considerations to delaying the vote on this issue for one week. Mr. Duges explained that BFI would not support a delay of the decision because they are committing to the improvements to the facility and during the construction have agreed to transport the recycling to an alternative processing facility at no cost to the City. Mayor Adame called for a recess on this item and opened discussion on Item 22.2. regarding the recycling incentive program contract. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the RecycleBank concept and agreement with RecycleRewards Inc; how the RecycleBank program works; statistics showing other cities averages on recycling before and after RecycleBank; the local economic development and environmental —10— Minutes — Regular Council Meeting October 12, 2010 — Page 11 savings; average pounds collected per set -out; and the contract summary. Scott, Lamb, Chief Operating Officer for RecycleRewards, was available to respond to questions. The following topics pertaining to this item were discussed: the costs to residents; whether rewards can be used for utility payments; how the program works; and whether there are other cities that have rewards to benefit the arts programs. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, asked the Council to delay to approval of item. City Secretary Chapa polled the Council for their votes as follows: 22.1. MOTION NO. 2010 -245 Motion approving a service agreement with BFI Waste Services of Texas, LP, of Corpus Christi, Texas for the Collection, Processing, and Marketing of Residential Recyclable Commodities, based on best value, in accordance with Request for Proposal No. BI -0168- 10. The term of the contract shall be for ten (10) years with options to extend the agreement for up to three additional five -year periods. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Martinez, and Scott, voting "Aye "; Leal voting "No "; Chesney abstained; Marez was absent. 22.2. MOTION NO. 2010 -246 Motion authorizing the City Manager or his designee to execute an agreement with RecycleRewards, Inc. to offer an incentive based recycling program to City residents for a term of five years, subject to execution of the agreement by RecycleRewards, Inc. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Martinez, and Scott, voting "Aye"; Leal voting "No "; Chesney abstained; Marez was absent. * * * * * * * * * * * * * Mayor Adame announced that Item 23 regarding the City's Americans with Disabilities Act (ADA) Title II Transition Plan and Non - Discrimination Ordinance FY 2009 -2010 Annual Update was pulled by staff. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 6:15 p.m. on October 12, 2010. * * * * * * * * * * * * * 2 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: RECOMMENDATION: Motion approving the purchase of one (1) long reach hydraulic excavator from Waukesha Pearce Industries, Inc., Corpus Christi, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $269,094. This unit is a replacement to the fleet. Funding is budgeted and available in the Maintenance Services Fund for FY 10/11. ISSUE: The Storm Water Department maintains approximately 1,650 acres of drainage ditches, which requires the use of an excavator to clean and mow the large storm water ditches throughout the. city. The useful life of the existing excavator has been exhausted. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Mich el Barrera Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 Attachments BACKGROUND INFORMATION The excavator will be used by the Storm Water Department to clean and mow the large storm water ditches throughout the city. Approximately 1,650 acres of drainage ditch are maintained by the Storm Water Department. This unit is a replacement to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and /or electronic auctions. The excavator 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 statues regarding competitive bidding requirements. Waukesha- Pearce Industries, Inc., Corpus Christi, Texas will be the local delivering and service dealer for the excavator. The same type of excavator was purchased from Waukesha - Pearce Industries, Inc., in fiscal year 08/09. By purchasing the same excavator, it allows for commonality of parts and attachments. The excavator will also come equipped with the necessary attachments to utilize an existing mowing deck to cut tall vegetation growth in drainage ditches. In addition, operators and mechanics are trained and familiar with the equipment. When compared to like items on the previous purchase, pricing has decreased by approximately 2 %. 3 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: RECOMMENDATION: Motion approving the lease purchase of approximately 6,405 curbside collection containers from Schaefer Systems International, Charlotte, North Carolina for the total amount of $298,420.50. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease/purchase financing program. ISSUE: The containers will be used in the City's automated collection program. These containers will be distributed to residents in new start-up homes, residents requesting additional containers and replacement units. The entire City is currently on the automated collection program. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Mic .r Barrera As Pant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 BACKGROUND INFORMATION Award Basis: The containers are purchased through the cooperative purchasing agreement with H -GAC. HGAC acts as a purchasing agent for participating members through the Inter -local Cooperative Act and abides by all Texas statutes regarding competitive bidding requirements. Lease Purchase of Refuse Containers The containers will be funded fora sixty -month period with an estimated interest rate of 3.25 %. The actual interest rate will be determined after the acceptance of the containers. The estimated annual payments for the Solid Waste Department is $54,745.28. Total estimated cost over the sixty -month period, including principal of $298,420.50 and interest of $25,305.90, is $323,726.40. The amount of funds shown above are the funds budgeted for eight months of lease payments for FY 2010 -2011. Funds will be requested by the using department for FY 2011 -2012 and all subsequent budget years. 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10/19/2010 AGENDA ITEM: Ordinance appropriating $29,850.60 from the Radio System Capital Replacement Reserve Fund, amending the FY 10 -11 budget, adopted by Ordinance No. 028683 to increase appropriations by $29,850.60 in the No. 1020 General Fund Police Department budget to pay for replacement uninterruptible power supply systems at the radio transmitter sites for the City, County, and RTA radio systems; and declaring an emergency. ISSUE: The capital replacement funds must be appropriated in order to be used to replace both UPS power systems at the radio transmitter sites. BACKGROUND INFORMATION: The funds appropriated will be used to replace both UPS power systems which are 21 years old. They were installed when the new 800 MHZ radio system was purchased. The radio system capital replacement fund was established by the interlocal agreement between the City and the RTA. It calls for "any sums received by the City/RTA for capital contributions by governmental entities participating in the radio system shall be held in an account by the City designated as the Radio System Capital Replacement Reserve. " Each governmental entity coming onto the system is required to pay a fee of $562.50 for each radio added. REQUIRED COUNCIL ACTION: Approval of appropriation. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation D. Troy Riggs Chief of Police Troyr[c�ectexas.com 886 -2603 Attachments Quotes from 3 vendors Quotes to Replace UPS Systems at Shoreline Plaza (SLP) and Violet Radio Sites September 27, 2010 These quotes are for equipment and labor to replace the UPS power systems at both main radio transmitter sites for the City, County and RTA radio system. Project requires the purchase of UPS equipment and subsequent installation by local electrical contractor. Hardware: Vendor Equipment Dailey -Wells Comm. $29,850.60 Coffman Electrical $28,740.00 DP Electronics $31,610.00 Installation: Vendor Installation Rabalais Constructors SLP: 3,900.00 Violet: 2,900.00 F S G Group SLP: 3,900.00 Violet: 2,200.00 Actual Cost to City, Equipment + Installation: TOTAL: $6,800.00 TOTAL: $6,100.00 Dailey -Wells Comm: 29,850.60 + (installation included) $29,850.60 Coffman Electrical: 28, 740.00 + 6,100.00 $34,840.00 DP Electronics: 3 1,610.00 + 6,100.00 $37,710.00 DAILEY -WELLS Date: 20 August 2010 To: City of Corpus Christi, Texas Atten: Sgt. Mike White From: Haidar (CJ) Hijazi (CJ @DWComm.com) Dailey & Wells Communications, Inc. (210)893 -6504 Re: Shoreline Plaza & Violet UPS A.S.A.P. Application Specific Abridged Proposal VIA E -MAIL PDF Dailey & Wells (DWC) will provide the following quotation for replacing the existing UPS, batteries, and transfer switch at One Shoreline Plaza & Violet CH6TV Sites. 2 Description _. FE18kVA115kW, 208V input, 120/208V output, HW in and out, set up for external battery cabinet with standard charger and standard DVR option Dimensions: 36.5 x 19 x 32 (HxWxD) ftt,�a�t�s External Battery Cabinet for 14 minutes runtime at full load Dimensions: 50 x 16 x 32 ( HxWxD) Break- Before -Make Maintenance Bypass Shipping & Handling Installation FN140AA0AOAOAOB 16FE BPEO5BBM1A Motor Freight Terms: Invoice Due 30 Days after Delivery (NET30) Delivery: 60 days After Receipt of Order (ARO) Quote Valid for 90 Days Thank you, &J-A4/-00/ Haidar (CJ) Hijazi Dailey & Wells Communications, Inc. 3440 E. Houston St. San Antonio, TX 78219 List (Each) BID (Each) Total BID $ 12,392.00 $ 8,674.40 $ 5,968.00 $ 4,177.60 819.00 573.30 $ 17,348,80 $ 8,355.20 $ 1,146.60 $ 3,000.00 Included Subtotal: $ 29,850.60 assure dcomm unica tionsm, 8 ce InG 1 h4 n 01 d o tl� tiE, g INA ' 1. o T1 !TO 7[11 -J MINN MMEN -26- 1 k171.1_17ma n kIHIa1_1 _fir re T7r*.QTO h A lc\ TT •OT Dern7 II O ICO t"I•-1 z n o. 0 You are invited to quote, FOB Destination, Freight included, on the following: A G 0 I E8 0 a gz a 1 'OF" d as 'E a 0 S �ffi a 5 z 0 g o E c o6 Ca LEAD TIME r3-4 Weeks TOTAL 005`0£S 0 1 v -1 SI,110 (Estimated) hk I1 a tn a 1 UNIT PRICE 4 d IS Z d d z d z Not Avaiable F Zr N N N N QTY N N N N N N DESCRIPTION FE 18KKVA UPS I 6FE battery cabinet with batteries BPEOSBBM I A bypass switch Shipping to 78401 Installation (if available, . _if not, please enter `NOT AVAILABLE' in TOTAL block) System Startup (Minimum of 4 hours if coordinated with our] regular trip to CC) - N rev • wi NO V- _27— ATMPgRRVEK'I :0I MIJIcificitRP NAME OF PERSON A ORIZED TO S N. • c k SIGNATURE: - „ or, TITLE: President z wool C'% F :wnJA $al:CI 0T02- Z0 -ABS %,11. 11. LUIU L.411m 94- 2819 IIfU. J1 11 1 ? RABALAIS 1 & E CONSTRUCTORS INDUSTRIAL. COMMERCIAL & RESIDENTIAL ELECTRICAL, ' .. CONSTRUCTION & MAINTENANCE PNEUMATIC & ELECTRONIC INSTRUMENTATION P.O. SOX 10388 CORPUS CHRISTI TX, MOO (881 M242 3121 FAX 1 242.2818 www rabalala.00n PROPOSAL 1 Date: 4 Rabelais 1 & 1 Constructor*, hereby propane to provide the Electrical installation: AT: eon) 11.R: S rri i 1. 1 1 0 the DOE. St~Iq e6; • In *wardens with g *cope of work and • . t+�Nlardione. FIAPA's b s ' S L_ .Rfi 3+W.(ra Tax The price for the work describe above MB be: 11eLlg 11109.4 5 N. Written Amount 31d Total --- w • >yj V• Bid Total l✓Yj - T ..bb' i`aS This proposes Is void if not accepted In wining *Mtn 10 days agar thre data: however, wfrex executed by both parties, It shelf become the contract for the 'WOOS described above. SEE REVERSE SIDE OF THIS AGREEMENT FOR ADDITIONAL. TERMS AND CONDITIONS. Acceptance at ropomtl -I have read both aide; of this document and as aondltlans ;hied, t understand that upon signing, this proposal bacomea a accept the spec1.l,1 & a acrd are authorized to do the work ass.. - ed, contract. Rabelais 1 & E �,� $ ACCEPTED By: TITLE: DATE; Signature Print Name Rabelais 1 & E Constructors Ire our privilege 4 otter our company* eblNtiee and competitive priori b you. Reiss cal! for any additional Information you might need In making Your dedston. PII be hap b answer an Vone u have, Terry Re . . , Moe Manager 11200 UP RIVER ROAD CORPUS CHRISTI TEXAS 381 242.3121 PAX (381 242 -2816 ' I>altEi;.com cep. LI. Lulu L:41rm 'mar. NU. J 1 17 1. L RABALAIS 1 & E CONSTRUCTORS INDUSTRIAL, COMMERCIAL & RESICENT&AL ELECTRICAL. CONSTRUCTION a MAID PNEUMATIC d ELECTRONIC INSTRUMENTATION P.O. SOX 10360 CORPUS CHRISTI, TX. 11420 Y30 212412INTEGRATORS 1 1 242 278 v*V.rebelaisicorh PROPOSAL Date: q ; 10 Rabaiat, 1& E Conotructors, hereby proposes to provide the Electrical installation: AT: L 1 POW vJ In accordance with the following scope of work end apeclflsatlons: _t T, lid Total TN price for the work din Written Amount • • rL d* • Tax Std Tole) mth Tax V,' I C4' S; ft lid " r ben will be: This proposal is void If not aaapted In writing ofINn 10 doya after Ihlo date; however, when onsouled by both podia. It shall beaoma the contract for the amino daodbsd clove. SEE REVERSE SIDE OF THIS AGREEMENT FOR ADDI»ONAL TERMS AND CONDITIONS. Accept■noo of Proposal • 'hove read both Oda of this document t nd scrip( the Moo. ipoolfIMMOne and oondfOns eletied. 1 understand Mot upon elpnhla MO proposal becomes a binding contract. Reba b I aR f2 Constructors aro authorlsad kr do the mirk so • eonlad, ACCEPTED BY: TITLE: DATE: Print Name Rpbeleis IA E Consenter, ICs our prMhge 1p offer our tompeny'u eblitiso and comeetAve WINO to you. 'Pismo caN for any eddf lonrl In?ormalon you might rood In making your decision. 111 be to madder an no . u hew. Tent Re00tt,.861V10e Manager 11200 UP RIVER ROAD CORPUS CHRISTI TEXAS 301 2424121 FAX 321 24248618 trebonOroboloicoom a l'ArA 3 rY t..t..rtrr cit?I3U1' September 13, 2010 TO: Corpus Christi Police Department 321 John Sartain Corpus Christi, TX Attn: Mike White RE: UPS change out on the 29th floor(of One Shoreline Plaza l Mike, T appreciate this opportunity to offer you a lump sum price of $3,900.00 for the following scope of work Estimate includes: • Disconnect existing UPS and Battery cabinet in radio equipment room on the 29th floor of the building. • Move equipment to police storage area or dispose of equipment. • Move new UPS and Battery cabinet equipment provided by others into the radio equipment room on the 29th floor of the building • Reconnect to the existing wiring for radio equipment in the room. • Reconnect to the existing bypass switch • Overtime or night and weekend work as necessary for the instillation of the equipment around the buildings and police schedule. • Misc material or wire for the reconnection of the new UPS and battery cabinet. Estimate excludes: • Applicable taxes • UPS equipment or Battery equipment • Start up or programming of the new equipment • Removal and installation of bypass swtich Please call me with any questions or concerns 438 -3951 mbl. kevin.reeser fsgi.com Sincerely, Kevin Reese 585 S.P.I.D. • Corpus Christi, Texas 78405.361 -883 -6833 —30— FAS,VrY i4LUTIONS ottl?.3P September 13, 2010 TO: Corpus Christi Police Department 321 John Sartain Corpus Christi, TX Attn: Mike White RE: UPS change out at th Mike, Violet location I appreciate this opportunity to offer you a lump sum price of $2,200.00the following scope of work Estimate includes: • Disconnect existing UPS and Battery cabinet in radio equipment room • Move equipment to police storage area or dispose of equipment. • Move new UPS and Battery cabinet equipment provided by others into the radio equipment room • Reconnect to the existing wiring for radio equipment in the room. • Reconnect to the existing Bypass switch • Misc material or wire for the reconnection of the new UPS and battery cabinet. Estimate excludes: • Applicable taxes • UPS equipment or Battery equipment • Start up or programming of the new equipment • Removal and installation of bypass swtich Please call me with any questions or concerns 438 -3951 mbl. kevin.reese@fsgi.com Sincerely, Kevin Reese 585 S.P.I.D. • Corpus Christi, Texas 78405.361 -883 -6833 -31- ORDINANCE APPROPRIATING $29,850.60 FROM THE RADIO SYSTEM CAPITAL REPLACEMENT RESERVE FUND, AMENDING THE FY 10 -11 BUDGET, ADOPTED BY ORDINANCE NO. 028683 TO INCREASE APPROPRIATIONS BY $29,850.60 IN THE NO. 1020 GENERAL FUND POLICE DEPARTMENT BUDGET TO PAY FOR REPLACEMENT OF UNINTERRUPTIBLE POWER SUPPLY SYSTEMS AT THE RADIO TRANSMITTER SITES FOR THE CITY, COUNTY, AND RTA RADIO SYSTEMS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $29,850.60 is appropriated from the Radio System Capital Replacement Reserve Fund, amending the FY 10 -11 budget, adopted by Ordinance No. 028683 to increase appropriations by $29,850.60 in the No. 1020 General Fund Police Department budget to pay for replacement of uninterruptible power supply systems at the radio transmitter sites for the City, County, and RTA radio systems. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of October, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: October 132010 T. Tr sha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas Day of , 2010 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 City of Corpus Christi 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 5 CITY COUNCIL AGENDA MEMORANDUM Date: 10/19/2010 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $100,964.38 from the State of Texas, Criminal Justice Division to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 11 with a City cash match of $40,906.69, in -kind match of $7,200 for a total project cost of $149,071.07 and to execute all related documents. B. Ordinance appropriating $100,964.38 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund, and authorizing the transfer of $40,906.69 from the No. 1020 Cash contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds, and declaring an emergency. ISSUE: Year 11 funding has been awarded from the State of Texas, Criminal Justice Division, under the Victims of Crime Act (VOCA) that provides funds to projects with the primary mission of providing direct services to victims of crime. REQUIRED COUNCIL ACTION: Accepting the grant award. PREVIOUS COUNCIL ACTION: Approval to submit the application on 03/23/2010. FUNDING: The State provides $100,964.38 and the City $48,106.69. The City is required to contribute at least a 20% grant match that may be in -kind or cash contribution. Volunteer hours provide $7,200 toward the match with the general fund providing $40,906.69 to purchase equipment, supplies, and provide training. The funding is not on a declining percentage or ending funding cycle. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant award and appropriating funds. D. Troy Riggs Chief of Police TrovrCccctexas.com 886 -2603 Attachments: Grant acceptance notice BACKGROUND INFORMATION The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long -term trauma experienced as a direct result of victimization. Victims and their family members are provided with information and guidance for resolving problems and referrals to other social service agencies. The purpose of these services is to speed their recovery from a criminal act to aid them in the criminal justice process. The grant covers the salary/ benefits for two Victim Case Managers, equipment, supplies, training, and mileage. The case managers provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. They also work with the Victims Advocates Office located at the District and County Attorney's office, local coalitions and other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION STATEMENT OF GRANT AWARD Grant Number: VA- 10 -V30- 15171 -12 Program Fund: VA- Victims of Crime Act Formula Grant Program Grantee Name: PREVIEW - Corpus Christi, City of - PREVIEW - Project Title: Victim Assistance Program Grant Period: 09/01/2010 - 08/31/2011 Liquidation Date: 11/29/2011 Date Awarded: September 28, 2010 CID Grant Manager: Mary Hightower CJD Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: $100,964.38 $40,906.69 57,200.00 $149,071.07 The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title 1, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund - Specific Requirement(s), if any, cited below: Condition(s) of Funding and Other Fund - Specific Requirement(s): 1 ORDINANCE APPROPRIATING $100,964.38 FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION IN THE NO. 1061 POLICE GRANTS FUND FOR FUNDING AVAILABLE UNDER THE VICTIMS OF CRIME ACT (VOCA) FUND, AND AUTHORIZING THE TRANSFER OF $40,906.69 FROM THE NO. 1020 CASH CONTRIBUTION TO GRANTS TO THE NO. 1061 POLICE GRANTS FUND AS GRANT MATCHING FUNDS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $100,964.38 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund, and authorizing the transfer of $40,906.69 from the No. 1020 cash contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so_ that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the .day of October, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form,Seotember 29, 2010 T. Tri:1a Dang Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor, City of Corpus Christi 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 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10/19/2010 AGENDA ITEM: A. Resolution authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with Calallen Independent School District for use and access of District facilities as shelters of last resort in case of an emergency or hurricane, B. Resolution authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with West Oso Independent School District for use of school buildings during emergency or hurricane as shelter of last resort. C. Resolution authorizing the City Manger, or his designee, to execute an Interlocal Cooperation Agreement with Del Mar College for use of school buildings as shelters of last resort for First Responders in case of an emergency or hurricane. ISSUE: The City of Corpus Christi desires to enter into an Interlocal Cooperation Agreement with Calallen Independent School District, West Oso Independent School District and Del Mar College to use their facilities as shelters of last resort in case of an emergency or hurricane. Calallen ISD will provide access and use of their High School (4001 Wildcat Dr.), Middle School (4602 Cornett Dr.) and Magee Intermediate School (4201 Calallen Dr.) as shelters of last resort. West Oso ISD will provide access and use of their Junior High School (5202 Bear Lane) as a shelter of last resort. Del Mar College will provide access and use of their East Campus (101 Baldwin Blvd.) and their West Campus (4101 Old Brownsville Rd.) as a shelter of last resort. There will be no charge for the use of the facilities. If unforeseen services are performed by any of the parties, reimbursements will made to the appropriate parties. These Agreements shall begin on the final date of execution by all parties for the initial term of one year and shall automatically renew annually, unless one of the participating parties provides written notice of termination to the other party at least (30) days prior to the expiration of each annual term. An Interlocal Agreement with Corpus Christi Independent School District to use their facilities as a shelter of last resort has been in existence since 2000. REQUIRED COUNCIL ACTION: Council approval is required to authorize the City Manger, or his designee, to execute Interlocal Cooperation Agreements with Calallen ISD, West Oso ISD and Del Mar College to use their facilities as shelters of last resort. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends authorizing the City Manager, or his designee, to execute Interlocal Cooperation Agreements with Calallen ISD, West Oso ISD and Del Mar College to use their facilities as shelters of last resort. Attachments —49— Riche • Hooks Fire Chief RLH @cctexas.com (361) 826 -3932 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH CALALLEN INDEPENDENT SCHOOL DISTRICT FOR USE AND ACCESS OF DISTRICT FACILITIES AS SHELTERS OF LAST RESORT IN CASE OF AN EMERGENCY OR HURRICANE. 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 Ca'alien Independent School District for use and access of District facilities as shelters of last resort in case of an emergency or hurricane. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: August 16, 2010 T. T rsha Dang Assistant City Attorney For City Attorney Joe Adame Mayor Corpus Christi, Texas of , 2010 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 INTERLOCAL COOPERATION AGREEMENT FOR USE OF SCHOOL BUILDINGS DURING HURRICANE EMERGENCY This Interlocal Cooperation Agreement ( "Agreement ") is entered into by and between the City of Corpus Christi, Texas ( "City "), a municipal corporation and home -rule city of the State of Texas, acting by and through its governing body, the City Council, and the Calallen Independent School District ( "District "), acting by and through its governing body, the Board of Trustees. RECITALS WHEREAS, the city of Corpus Christi is located in the coastal area of Texas and is subject to inclement weather conditions such as hurricanes from June 1 to November 30 of each year. WHEREAS, the City desires to access and use District facilities as shelters of last resort in case of an emergency or hurricanes. WHEREAS, the District agrees to designate and authorize City to access and use its facilities, High School (4001 Wildcat Dr.), Middle School (4602 Cornett Dr.), Magee Intermediate School (4201 Calallen Dr.), and their parking lots ( "Facility "), as shelters of last resort in case of an emergency or hurricanes. 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 agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to allow City to access and use District's Facility, including parking Iots, as shelters of last resort in case of an emergency or hurricanes. SECTION 2. SERVICES, OBLIGATONS, AND RIGHTS OF CITY. a) Request and coordinate with District, either by verbal or written communication, for access to Facility as soon as a declaration of disaster has been declared by the City. City and District will determine which Facility will be appropriate to be used in the emergency. b) Inspect Facility with District to document each Facility condition before and after usage. c) Use designated Facility as shelters of last resort in case of an emergency or hurricanes. d) Designate a Facility manager or person in- charge of the shelter operation and provide the person's name and contact number to District. e) Return Facility to District in the same condition as on the date of entry. SECTION 3. SERVICES, OBLIGATIONS, AND RIGHTS OF DISTRICT. a) Coordinate and allow City to access and use District's Facility as soon as a declaration of disaster has been declared by the City. District and City will determine which Facility will be appropriate to be used in the emergency. b) Inspect Facility with City to document each Facility condition before and after City's usage. c) Provide City with a contact person name and information. SECTION 4. FUNDS AND PAYMENT. Each party which performs services under this Agreement will do so with funds available from its current revenues. Payment shall be made within thirty (30) days from receipt of the other party's request for reimbursable expenses incurred in the performance of this Agreement, provided the request for payment is properly prepared, executed, and documented (i.e. valid invoices, receipts, and/or verified statement or supporting documentation). 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 and District Superintendent are 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 written notice of termination to the other party at least thirty (30) days prior to the expiration of each annual term. SECTION 6. LIABILITY. Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under state or federal law. Neither party shall be responsible to the other for personal injuries, losses, claims or demands caused by the acts or omissions, if any, of such party or its agents, employees, invitees, or subcontractors. The liability, _if any, of either party shall be that prescribed by laws of the State of Texas. The City liability to District is limited to its employee's action during its use of the Facility as a shelter of last resort and in accordance with the Texas Tort Claims Act. SECTION 7. ENTIRE AGREEMENT. This Agreement 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. 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 or its duly authorized agents. SECTION 8. 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. SECTION 9. NOTICES. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the seventh (7th) 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 party. City: District: City Manager Superintendent of Schools P.O. Box 9277 4205 Wildcat Dr. Corpus Christi, Texas 78469 -9277 Corpus Christi, Texas 78410 SECTION 10. 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. ATTEST: CITY OF CORPUS CHRISTI Angel R. Escobar City Manager CALALLEN INDEPENDENT SCHOOL DISTRICT (Date) Richard 'Butch" Roeckei (Date) President, School Board of Trustees '6,10 . 0 Dr. Arturo Almendarez 1 (Date) Superintendent, Calaile APPROVED AS TO FORM: 5/10 iib T. T sha Dang (Date) Assistant City Attorney For City Attorney RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH WEST OSO INDEPENDENT SCHOOL DISTRICT FOR USE OF SCHOOL BUILDINGS DURING EMERGENCY OR HURRICANE AS SHELTER OF LAST RESORT. 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 West Oso Independent School District for use of school buildings during emergency or hurricane as shelter of last resort. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: October 4, 2010 T. isha Dang Assistant City Attorney For City Attorney Joe Adame Mayor 2 Corpus Christi, Texas of , 2010 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 INTERLOCAL COOPERATION AGREEMENT FOR USE OF SCHOOL BUILDINGS DURING EMERGENCY This Interlocal Cooperation Agreement ( "Agreement ") is entered into by and between. the City of Corpus Christi, Texas ( "City "), a municipal corporation and home -rule city of the State of Texas, acting by and through its governing body, the City Council, and the West Oso Independent School District ( "District "), acting by and through its governing body, the Board of Trustees. RECITALS WHEREAS, the city of Corpus Christi is located in the coastal area of Texas and is subject to inclement weather conditions such as hurricanes from June 1 to November 30 of each year. WHEREAS, the City desires to access and use District's facility as shelter of last resort. WHEREAS, the District agrees to designate and authorize City to access and use its facility, West Oso Junior High School (5202 Bear Lane) and its parking lots ( "Facility"), as shelter of last resort. 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 agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to allow City to access and use District's Facility, including parking lots, as shelter of last resort in case of an emergency or hurricane. SECTION 2. SERVICES, OBLIGATONS, AND RIGHTS OF CITY. a) Request and coordinate with District, either by verbal or written communication, for access to Facility as soon as a declaration of disaster has been declared by the City. b) Inspect Facility with District to document Facility condition before and after usage. c) Use designated Facility as shelter of last resort. d) Designate a Facility manager or person in- charge of the shelter operation and provide the person's name and contact number to District, e) Return Facility to District in the same condition as on the date of entry. SECTION 3. SERVICES, OBLIGATIONS, AND RIGHTS OF DISTRICT. a) Coordinate and allow City to access and use District's Facility as soon as a declaration of disaster has been declared by the City. b) Inspect Facility with City to document Facility condition before and after City's usage. c) Provide City with a contact person name and information, SECTION 4. FUNDS AND PAYMENT. Each party which performs services under this Agreement will do so with funds available from its current revenues. Payment shall be made within forty -five (45) days from receipt of the other party's request for reimbursable expenses incurred in the performance of this Agreement, provided the request for payment is properly prepared, executed, and documented (i.e. valid invoices, receipts, and/or verified statement or supporting documentation). 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 and Superintendent are 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 written notice of termination to the other party at least thirty (30) days prior to the expiration of each annual term. SECTION 6. LIABILITY. Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under state or federal law. Neither party shall be responsible to the other for personal injuries, losses, claims or demands caused by the acts or omissions, if any, of such party or its agents, employees, invitees, or subcontractors. The liability, if any, of either party shall be that prescribed by laws of the State of Texas. The City liability to District is limited to its employee's action during its use of the Facility as shelter of last resort and in accordance with the Texas Tort Claims Act. SECTION 7. ENTIRE AGREEMENT. This Agreement 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. 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 or its duly authorized agents. SECTION 8. 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. SECTION 9. NOTICES. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the seventh (7th) 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 pAY. City: District: City Manager Superintendent P.O. Box 9277 5050 Rockford Drive Corpus Christi, Texas 78469 -9277 Corpus Christi, Texas 78416 SECTION 10. 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. IN WITNESS HEREOF, the City and District have made and executed this Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI Angel R. Escobar City Manager (Date) /b/ /' . Richard Hooks (Date) Chief, Fire Department • ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: (Date) Ib /212.0 /0 ikt T. T� a ►.ang (Date) Assistant City A • rney For City Attorney WEST OSO INDEPENDENT SCHOOL DISTRIC Velma Rodriguez President, Board of Trustees (Dat.�j gizwo ' Michael J. S drouussi Superintendent RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH DEL MAR COLLEGE FOR USE OF SCHOOL BUILDINGS AS SHELTERS OF LAST RESORT FOR FIRST RESPONDERS IN CASE OF AN EMERGENCY OR HURRICANE. 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 Del Mar College for use of school buildings as shelters of last resort for first responders in case of an emergency or hurricane. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: October 11, 2010 T. TYisha Dang Assistant City Attorney For City Attorney Joe Adame Mayor Corpus Christi, Texas of , 2010 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 INTERLOCAL COOPERATION AGREEMENT FOR USE OF SCHOOL BUILDINGS DURING HURRICANE EMERGENCY This Interlocal Cooperation Agreement ( "Agreement ") is entered into by and between the City of Corpus Christi, Texas ( "City "), a municipal corporation and home -rule city of the State of Texas, acting by and through its governing body, the City Council, and the Del Mar College ( "College "), acting by and through its governing body, the Board of Regents. RECITALS WHEREAS, the city of Corpus Christi is located in the coastal area of Texas and is subject to inclement weather conditions such as hurricanes from June 1 to November 30 of each year. WHEREAS, the City desires to access and use College's facilities as shelters of last resort for first responders in case of an emergency or hurricane. WHEREAS, the College agrees to designate and authorize City to access and use its facilities, Del Mar East Campus (101 Baldwin Blvd.), Del Mar West Campus (4101 Old Brownsville Rd.), and their parking lots ( "Facility "), as shelters of last resort for first responders in case of an emergency or hurricane. 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 agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to allow City to access and use College's Facility, including parking lots, as shelters of last resort for first responders in case of an emergency or hurricane. SECTION 2. SERVICES, OBLIGATONS, AND RIGHTS OF CITY. a) Request and coordinate with College, either by verbal or written communication, for access to Facility as soon as a declaration of disaster has been declared by the City. City and College will determine which Facility will be appropriate to be used in the emergency. b) Inspect Facility with College to document each Facility condition before and after usage. c) Use designated Facility as shelters of last resort for first responders in case of an emergency or hurricane. d) Designate a Facility manager or person in- charge of the shelter operation and provide the person's name and contact number to College. e) Return Facility to College in the same condition as on the date of entry. SECTION 3. SERVICES, OBLIGATIONS, AND RIGHTS OF COLLEGE. a) Coordinate and allow City to access and use College's Facility as soon as a declaration of disaster has been declared by the City. College and City will determine which Facility will be appropriate to be used in the emergency. —62— b) Inspect Facility with City to document each Facility condition before and after City's usage. c) Provide City with a contact person name and information. SECTION 4. FUNDS AND PAYMENT. Each party which performs services under this Agreement will do so with funds available from its current revenues. Payment shall be made within forty -five (45) days from receipt of the other party's request for reimbursable expenses incurred in the performance of this Agreement, provided the request for payment is properly prepared, executed, and documented (i.e. valid invoices, receipts, and/or verified statement or supporting documentation). SECTION 5. TERM OF AGREEMENT. This Agreement shall begin an the final date of execution by all Parties for an initial term of one year, and the City Manager and College President are 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 written notice of termination to the other party at Ieast thirty (30) days prior to the expiration of each annual term. SECTION 6. LIABILITY. Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under state or federal law. Neither party shall be responsible to the other for personal injuries, losses, claims or demands caused by the acts or omissions, if any, of such party or its agents, employees, invitees, or subcontractors. The Liability, if any, of either party shall be that prescribed by laws of the State of Texas. The City liability to College is limited to its employee's action during its use of the Facility as shelters of last resort for first responders and in accordance with the Texas Tort Claims Act. SECTION 7. ENTIRE AGREEMENT. This Agreement 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. 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 or its duly authorized agents. SECTION 8. 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. SECTION 9. NOTICES. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the seventh (7th) 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 P3'• City: College: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 SECTION 10. WARRANTY. College President 101 Baldwin Blvd. Corpus Christi, Texas 78404 -3897 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. IN WITNESS HEREOF, the City and College have made and executed this Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI Angel R. Escobar City Manager ICI Ric are Hooks Chief, Fire Department (Date) loh 31to (Date) ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: T. ang Assistant City Attorney For City Attorney (Date) L'[iI 110 (Date) DEL MAR COLLEGE /)1( a ark Escamilla, PhD (Date) President Q� -M Dr. Lee Sloan, Vice President (Date) Administration, Finance, and Student Services 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 19, 2010 AGENDA ITEM: Ordinance authorizing the resale of nine (9) properties for $37,$00.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $4,173.06 plus $9,285.23 for partial payment of City paving and demolition liens; and declaring an emergency. ISSUE: Properties located in the City of Corpus Christi are periodically foreclosed by Nueces County to collect delinquent taxes. Section 34.05 of the Property Tax Code requires that the governing body of the respective taxing entities approve the resale of these properties. Approval of this Ordinance will authorize the Nueces County Judge to execute a resale deed for the properties. REQUIRED COUNCIL ACTION: Approval of the proposed Ordinance authorizing the resale of the listed properties. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends that City Council approve the proposed Ordinance in order to place the properties back on the tax roll. Constance P. Sanchez Interim Director of Financial Services constancep@cctexas.com (361) 826 -3227 Attachments Background Information Exhibit A BACKGROUND INFORMATION Properties within the City of Corpus Christi are periodically foreclosed due to nonpayment of ad valorem taxes. The law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. is proposing the resale of the nine (9) properties at the bid prices listed in Exhibit A. The monies received from this sale will be distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. The total sale price for these properties is $37,800.00. Of this amount, the City of Carpus Christi is expected to receive $4,173.06 from the sale, plus $9,285.23 for partial payment of City paving and demolition liens. Each of these nine properties has been reviewed by Neighborhood Services, Engineering Services, and Parks and Recreation for potential City use, such as for the City's In -Fill neighborhood revitalization program, but none were selected. Therefore, all nine properties will remain on the list for resale. Approval of the resolution will authorize the Nueces County Judge to execute a Resale Deed for the properties listed and the properties, if sold, will be returned to the property tax roll for the upcoming year. t, PPEPAVKA Portion of §� 6-,,w- r- '" ,e L,,, §rt;N:• ', ap e :4 .fixes City Paviil ** - 9A- , ..._�... f ita t of City s `:; Amoun q begat DescrtVtir n and llemv Suit ' Item;:# N�I�I Ptkts r• � � Sid.. Portion Licn� Lo��1i n 1 1521 04-7170-A X810 18th Street 9630 - 0002 -0050; Lot 5, Block 2, Wiess Addition $ 1,000.00 - $ 2 1536 03- 5850 -G 3809 Reynosa Street 8724 -0010 -0070; Lot 7, Block 10, Temple Addition 1,000.00 0.00 334.62 3 1567 07- 1709 -F 409 Judie Ct. 2486 - 0007 -0254; Lot E -25, Block "G ", Flour Bluff Estates 2,700.00 254.40 199.28 4 1568 _04- 6366 -D 822 Redmond Street 2540 - 0007 -0440; Block 7, Flour Bluff Park 3,500.00 29998 825.46 5 1572 06- 6270 -D 3734 Saturn Road 5786- 0008 -0050; Lot 5, Block 8, Nottarb Place Unit 2 10,000.00 1,705.29 1,421.10 6 1573 07- 3486 -F 610 So. Port Avenue 9039 -0002 -0190; Lots 19, 20, and 21, Block 2, Villa Green 9,500.00 671.57 5,311.80 7 1602 01- 1723 -D 1201 Jonnell Street 2481 -0003 -0140; Lot 14, Block 3, Flour Bluff Center 3,500.00 546.85 71591 0072 -0004 -0580, 0072 -0004 -0590; Lots 58 and 59, Block 4, 8 1609 -1610 07- 4114 -D 1037 -1041 Post Avenue Airport Park 1,600.00 11.03 33.31 9 1612 08- 4303 -F 434 Wilma Drive 0965 - 0003 -0120; Lot 12, Block 3, Brentwood Village 5,000.00 683.94 443.75 Total $37,800.00 $ 4,173.06 $9,285.23 EXHIBIT A Page 1 of 21 LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW 500 N.SHORELINE, SUITE 1111 CORPUS CHRISTI, TEXAS 78471 (361) 888 -6898 FAX (361) 888 -4405 September 28, 2010 Ms. Constance Sanchez Interim Director of Financial Services City of Corpus Christi POB 9277 Corpus Christi, Texas 78469 -9277 Re: Consideration of bids received for Tax Resale Properties Dear Ms. Sanchez, As you are aware, our firm represents the City of Corpus Christi in the collection of delinquent property taxes. As part of our overall effort to collect delinquent taxes in the City of Corpus Christi and the other taxing entities in Nueces County, we regularly post properties for tax sale by the Nueces County Sheriff. At the sale, if there are no bidders willing to offer the minimum opening bid amount, the property is "Struck Off' to the Nueces County taxing entities for the amount due against it. A Sheriff's Tax Deed is filed in the name of Nueces County, as Trustee for all of the taxing entities owed taxes on the property. We continue to try to sell these tax resale properties, and when we receive a purchase offer, we bring it forward to the taxing entities for their consideration and action, in accordance with the Texas Property Tax Code. Enclosed please find bid analyses and maps for nine tax resale properties for which we have received purchase offers. We respectfully request that you place these offers on the City Council's agenda for the Council's consideration and action at their next available regular meeting. If the Council approves all nine bids as submitted, the City will receive $4,173.06 in delinquent tax revenue, $9,285.23 in payment of demo and paving liens, and restore as much as $149,905.00 in taxable property value to the tax rolls. Please let me know as soon as possible when the meeting date is confirmed. In the meantime, if you have any questions regarding this matter, please contact me at your earliest convenience. Sincerely, Marvin Leary Area Manager —70— EXHIBIT A Page 2 of 21 Enclosures: Bid analyses and maps for 9 tax resale properties Cc: Margie C. Rose Assistant City Manager City of Corpus Christi POB 9277 Corpus Christi, Texas 78469 -9277 Eddie Ortega Director of Neighborhood Services City of Corpus Christi POB 9277 Corpus Christi, Texas 78469 -9277 —71— EXHIBIT A Page 3 of 21 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost. of Sale: Current Value: % of Total Due: % of Current Value: 04-7170-A; Nueces County vs. Juanita Tijerina 9630- 0002 -0050; Lot 5, Block 2, Wiess Addition 810 18th St. - Corpus Christi December 2, 2008 15,839.42 1,000.00 1,477.50 3,829.00 6.31% 26.12% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 980.17 ' Nueces County Education District 185.12 — U City of Corpus Christi 1,052.46 `! Corpus Christi Independent School District 2,223.27 — Del Mar College 348.24 z) — -- City Paving & Demo Liens 11,050.16 --- A VACANT RESIDENTIAL LOT, 25 FT. X 141 FT., JUST WEST OF THE CROSSTOWN EXPRESSWAY BETWEEN AGNES AND MORGAN. MR. VELA OWNS THE ADJOINING PROPERTY. THE PROSPECTIVE PURCHASER IS ENRIQUE VELA, JR. OF CORPUS CHRISTI _72_ 1521 EXHIBIT A Page 4 of 21 •• •..ar. wen+rua n 1JiIIN J ]1' CROSSTOWN c IIIIMINI WW1 s TREE r c N 0 15 TH' •F 6 .14 Ohl • 14TH RPif • .V .P BROWNLEE IWO 11111111 N fi Y n . .. miles 12 TH -73- fri n O y • 0 1.10 welt IS • n tri WO amnion imam mitsriv _ ili s P E XPRES SWAY STATE HIGHWAY NO. 296 WW1 111 1114V STREET o NE - , , lal STREET • Y • • • r. 1 o 1► rs r • 6 t •�A. • I MM BLVD. STREET • n T- M O gi /C21 0 igii2 Ira o NM sR 11 TAM maz YF� r poi"- 1F Z EXHIBIT A Page 5 of 21 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax JD# & Legal: Property Location: Date of Safe: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: 03- 5850 -G; Nueces County vs. Maria Luisa Salazar 8724- 0010 -0070; Lot 7, Block 10, Temple Addition 3809 Reynosa St. - Corpus Christi July 7, 2009 17,532.14 1,000.00 2,473.50 7,578.00 5.70% 13.20% Entity Name Amount Due Each Entity _ Amount You Will Receive Nueces County 2,375.43 - -` Nueces County Education District City of Corpus Christi _ 2,548.54 ' 0 Corpus Christi independent School District 5,736.78 �--- Del Mar College - 917.00 ---- 0 -- _ City Paving & Demo Liens 5,954.39 334.62 A VACANT RESIDENTIAL LOT, 52 FT. X 93 FT., LOCATED 3 BLOCKS EAST OF CROCKETT ELEMENTARY SCHOOL. A HOUSE BURNED DOWN ON THIS PROPERTY AND THE REMAINS WERE DEMOLISHED BY THE CITY SEVERAL YEARS AGO. THE PROSPECTIVE PURCHASER IS ROSARIO CAVAZOS OF CORPUS CHRISTI -74- 1536 EXHIBIT A Paw 6 of 21 8 Y6 N Ir SMH U Z 11231308.7 S1N913f► m u 4 1 1; I� A6�w � nagoon °' Olt me IOW MIN KEPI EiCil Jar ICBM ENI WC UZI 0 a 41 Et a i 0 15 lath MIX hilAcA MVO PRE SCOTT } A MCARTH UR STREET cp NIMIMMINIMINIMORM STREET 0 Mrit IMII MEM R U 1. • SS ro s 15 O z se 14 SARITA MIME MIN NI b 4 i a I a ; 9 0 x rq 7 A REYNOSA MUNN BERTRAM apt x IAGARA BETEL N STREET ENKINES Xlagligirr TREE,' lisompour mommimmi sTREE MINIMODIC AI9 STREET N STREET MEM IRE Unianing EMBIRIEW 1 2 `i ZE Nik ANIMMINIMIC NMI IES n 5 5-34 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: 07- 1709 -F; Nueces County vs. R. M. Currie, Jr. 2486 - 0007 -0254; Lot E -25, Block "G ", Flour Bluff Estates 409 Judie Ct. - Corpus Christi Date of Sale: September 1, 2009 Amount Due All Entities: 4,891.70 Amount of Bid: 2,700.00 Cost of Sale: 1,319.50 Current Value: 7,700.00 % of Total Due: 55.20% % of Current Value: 35.06% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 879.34 248.16 Nueces County Education District City of Corpus Christi 901.43 254.40 Flour Bluff Independent School District _ 2,072.92 585.00_ 93.66 Del Mar College 331.86 City Paving & Demo Liens 706.15 199.28 A VACANT RESIDENTIAL LOT, 50 FT. X 87.5 FT., L OCA TED NORTH OF PADRE ISLAND DR. NEAR WALDRON RD. IN FLOUR BLUFF. THE PROSPECTIVE PURCHASER IS LEE J. SCHMITT OF LANCASTER, TEXAS. -76- 1567 EXHIBIT A Page 8 of 21 St Lum: MEI • E D il ENN BEIE N P19uV 9 x Da. R ! ' ;j;i REIM NM MA WM ® rill �11.:.s7 MCI KM wginE ,,,0 �'it�= ` ®� • Yid Ira okilion w RICREA7IOW DR.. anal 11H1111 II 1 mail9vAGM1i9A0B99 EMT LAU. IOE H c .N; r Cr y. c �'• • fi • f ' / 7 n 0 ? ON f3.[Vi s l • • 0, t- EXEEIBIT A Page 9 of 21 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 04- 6366 -D; Nueces County vs. Lani Laurents Tax ID# & Legal: 2540 -0007 -0440; Lot 44, Block 7, Flour Bluff Park Property Location: 822 Redmond St. - Corpus Christi Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: October 6, 2009 14,737.56 3,500.00 1,292.67 8,750.00 23.75% 40.00% ' Entity Name Amount Due ' Each Entity Amount You Will Receive Nueces County 1,932.60 289.46 Nueces County Education District City of Corpus Christi 2,002.84 299.98 Flour Bluff Independent School District 4,532.20 , 678.81 Del Mar College 758.63 113.62 City Paving & Demo Liens 5,511.29 825.46 A VACANT LOT, 50 FT. X 140 FT. ZONED FOR MOBILE HOMES, LOCATED EAST OF PADRE ISLAND DR. IN FLOUR BLUFF. THE PROSPECTIVE PURCHASER IS LEE J. SCHMITT OF LANCASTER, TEXAS. _78_ 1568 EXIT A Page 10 of 21 •- - • .,._. . .. • 2 5 •s 0 i. MVONALD 1 4. a n 1 4. 1 fel 4. 0. n 4.4 ............. ......... ..... ..... 411' ' " • '4 t J2E0/10 N D losommummun 111,1111MMINEN g • is EH71ANN 4 - r A • 1 1 z 1 1 r 111 *41 1. a' 7.7! 1 1 1 $ a 1. 1 a I .1.1. 1 • . . .. A" FT.1 wf , st lair :. rr la 420 ' a . a . 1 a 212, 4. — 1. .. 1:W111 a 2222 • 0. ' . 12r: ... I. .. .... 0. J. .." I ,•e aa . tr. "...• 1' ° . Ittett at'`a al tam t ,•%,. I. G ,.. i, • . :• :: ........„.......::: ... ,........_ :.: .-..: ... = ...:-..... ...: :: ;:::::':".....:3:::.Y::::: • r /•' ••••• e .., - : i t 1 t 1 .4:: a ti** ;1;4 a.. a• .I. a* i. MVONALD 1 4. a n 1 4. 1 fel 4. 0. n 4.4 ............. ......... ..... ..... 411' ' " • '4 t J2E0/10 N D losommummun 111,1111MMINEN g • is EH71ANN 4 - r A • 1 1 z 1 1 r 111 *41 1. a' 7.7! 1 1 1 $ a 1. 1 a I .1.1. 1 • . . .. „ - .... 1 , st :. rr ic r* a . a . 1 a 212, 4. — 1. .. 1:W111 a 2222 • 0. ' . 12r: ... I. .. .... 0. J. .." I ,•e aa . tr. "...• 1' ° CELL EN BAY T 2E ET s Ffs.44-.4.,,44. •t t it ; I f ." ic za . ::. ...... 1, -....: a a . 1:W111 :".•-v 3 .. :.-..: ....-..: : : I .5112ELT “. i3 111 .... As 3. 3 . 1 3 4: 1 t 3 4 ' . ::. ...... 3 1 t -- & 1 V 3 V ..1T DEFT' lit:OmIt 2 PIMP al 2 a a'z, r! 01- k . 1 illi 1,11 i1 —a7.1.V • . T I 2 ! 2 PIMP al 2 a 0 t r! 01- 111 el 11 a b n ' 2 772LET 5 0 F EXHIBIT A Pam 11 of 21 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: 06- 6270 -D; Nueces County vs. Mrs. Dionicio Lopez 5786-0008-0050; Lot 5, Block 8, Nottarb Place Unit 2 3734 Saturn Rd. - Corpus Christi October 6, 2009 49,269.80 10, 000.00 1,336.50 37,125.00 20.30% 26.94% ` Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 8,236.16 1,44823 Nueces County Education District 1,455.52 255.94 , City of Corpus Christi 9,698.08 1,705.29 Corpus Christi Independent School District 18,836.63 3,312.19_ 520.75 Del Mar College 2,961.54 City Paving & Demo Liens 8,081.87 1,421.10 THIS IS A VACANT LOT ZONED FOR COMMERCIAL USE, 100 FT. X 125 FT., LOCATED IN THE AREA KNOWN AS 'WAY OUT WEBER'. THE PROSPECTIVE PURCHASER IS DAN VAN DAM OF CORPUS CHRISTI -80- 1572 EXHIBIT A Dons 1'] #J 11 c q r3 •l A! x 5, 5 •J• .Jr w S ;i t�i a .-1t. N © ;: • Y� — • • M .i]1 • Y R D, EXHIBIT A Page 13 of 21 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number &Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: Entity Name Nueces County 07- 3486 -F; Nueces County vs. Gerald Garza 9039- 0002 -0190; Lots 19, 20 and 21, Block 2, Villa Green 610 So. Port Ave. - Corpus Christi Nueces County Education District City of Corpus Christi October 6, 2009 41,670.55 9,500.00 1,039.50 27,558.00 22.80% 3447% Amount Due Each Entity 3,055.37 3,307.67 Amount You Will Receive 620.34 671.57 Corpus Christi Independent School District Del Mar College ,City Paving & Demo Liens 7,849.88 1,295.41 26,162.22 1,593.79 263.01 5,311.80 A VACANT LOT ZONED FOR COMMERCIAL USE, 121 FT. X 87 FT., ON SOUTH PORT AVENUE, 1 BLOCK SOUTH OF AGNES ST. THE PROSPECTIVE PURCHASER IS LEE J. SCHMITT OF LANCASTER, TEXAS _82_ 1 573 EXHIBIT A Page 14 of 21 17INL5111 •VSRNddV & Nfl 'Sr33 a 0 PORr • v w a.. r MEUL r $ 25T lIIIIIIIII' IiIII!II11IIIIi '41 111,111111- Let i : .'111. 1a 1 a 411 .'a i L� 0 e . • .I. I....,.. Y '7171:11k • BL u8TZER NEM 23 AO C i a O 1 1 • • 1 i • • 22 NO a n St a v sr. sr. B PPIMO! � o 1=1M1 WEN r ~r, MOEN sr LEI NM • • • St UU 2I Sr H HARMON IIRK =CI =Ws -- 1111111411E WU= AVE. WM& MAW N 1 N -10 — — so D O J s.r. �O NIB maw apamir BLUNTZER MEWL •311 MI a wi • Ma -- =MUM — =0 B olio !MN MI 0 = = s UN TM mgazgromiiir — -- s Env ti -- o ME El ter..• . flio7:o -ia -.MINMMi FE..4 !CINNI 1, !MN !EMI ©E 41=Illin =IBM IMO 11:1111 MIN mown 0 °1 n RN NM MI EMI WAKE L as M mmim mikhmo i .;r. ST • •, a O�a� ST g� -us •I J eat =o ir o areal -4 1 ! 1 ...w��!yl ►� � w l .w, Vr►x9R.ieii.�J110.u: —83— EXHIBIT A Page 15 of 21 IndKWH 1 Ir 0 0 . • .I. I....,.. '7171:11k lin IV= H HARMON IIRK =CI =Ws -- 1111111411E WU= AVE. WM& MAW N 1 N -10 — — so D O J s.r. �O NIB maw apamir BLUNTZER MEWL •311 MI a wi • Ma -- =MUM — =0 B olio !MN MI 0 = = s UN TM mgazgromiiir — -- s Env ti -- o ME El ter..• . flio7:o -ia -.MINMMi FE..4 !CINNI 1, !MN !EMI ©E 41=Illin =IBM IMO 11:1111 MIN mown 0 °1 n RN NM MI EMI WAKE L as M mmim mikhmo i .;r. ST • •, a O�a� ST g� -us •I J eat =o ir o areal -4 1 ! 1 ...w��!yl ►� � w l .w, Vr►x9R.ieii.�J110.u: —83— EXHIBIT A Page 15 of 21 IndKWH 1 Ir . • .I. erI WON lin H HARMON IIRK =CI =Ws -- 1111111411E WU= AVE. WM& MAW N 1 N -10 — — so D O J s.r. �O NIB maw apamir BLUNTZER MEWL •311 MI a wi • Ma -- =MUM — =0 B olio !MN MI 0 = = s UN TM mgazgromiiir — -- s Env ti -- o ME El ter..• . flio7:o -ia -.MINMMi FE..4 !CINNI 1, !MN !EMI ©E 41=Illin =IBM IMO 11:1111 MIN mown 0 °1 n RN NM MI EMI WAKE L as M mmim mikhmo i .;r. ST • •, a O�a� ST g� -us •I J eat =o ir o areal -4 1 ! 1 ...w��!yl ►� � w l .w, Vr►x9R.ieii.�J110.u: —83— EXHIBIT A Page 15 of 21 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: Entity Name Nueces County 01- 1723 -D; Nueces County vs. Vera Dunn Buchanan 2481 - 0003 -0140; Lot 14, Block 3, Flour Bluff Center 1201 Jonnell St. - Corpus Christi February 2, 2010 11,179.85 3,500.00 262.70 14,000.00 31.31% 25.00% Nueces County Education District City of Corpus Christi Flour Bluff Independent School District Del Mar College City Paving & Demo Liens Amount Due Each Entity 1,831.15 1,888.53 4,277.19 710.63 2,472.35 Amount You Will Receive 530.24 546.85 1,238.53 205.77 715.91 A VACANT RESIDENTIAL LOT, 50 FT. X 140 FT., LOCATED JUST SOUTH OF PADRE ISLAND DR. BETWEEN FLOUR BLUFF DR. AND WALDRON RD. THE PROSPECTIVE PURCHASER IS LEE J. SCHMITT OF LANCASTER, TEXAS. _$4- 1602 EXHIBIT A Page 16 of 21 IV 'VW aallV a;arwJ • Balls N • 3 s v 0 LANE • J X14 P s a r • IANDCQSO I PRES.! ON II1Ii1IIRII!!ii! 4 MIIII ti ti inr i a r .n« CENTQAL 74117 OBNSTE srerer —85— 0 a 0 rtt ELMO 8r BEHMANN CT aim i OZD NEQMIHL ST V ... P .. - cri :r ..... O D,ED11OWD tic IVEQ GaEEN TALIIADG& • Y I.... f INV JTOM V sr MOM OD fn EXIT A Page 17 of 21 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: Entity Name Nueces County 07- 4114 -D; Nueces County vs. Schatzel Hill 0072 -0004 -0580, 00724004 -0590; Lots 58 and 59, Block 4, Airport Park 1037 -1041 Post Ave. • Corpus Christi Nueces County Education District City of Corpus Christi July 6, 2010 7,888.96 1,600.00 1,515.50 19,250.00 20.28% 8.31% Amount Due Each Entity 940.43 _ Amount You Will Receive 10.07 , Corpus Christi Independent School District Del Mar College 1,029.42 2,382.54 11.03 25.52 426.34 4.57 City Paving & Demo Liens 3,110.23 33.31 ADJOINING VACANT LOTS, 50 FT. X 110 FT. EACH., LOCATED 2 BLOCKS WEST OF ROSE SHAW ELEMENTARY SCHOOL. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRIST! —86— 1609 -1610 EXHIBIT A Page 18 of 21 NIiCCfS COLINTT APPRAISAL a15TReCT IP 11111111iii.". St ,_.. VI , 20C In 0.02 °4 . ik.....d 111X11 CUB 4114 �.. Slin OAS 10610,0 N — r,RLT,„ 10 Wil 0 1 R sr ri , VIA l PATR f .AROENS SCHOOL r ISO e ...... iv ,.; � av Zr© � ©1610 y t r AY e OA 4111_,Nil e 4 W 17f li s' WOO ler 11142* s'494.e ... 1011 --.11111:11.1'■_ /14/e,N1' ars. 134o sr 61 g oar �,11I/ OS wog% It Vie k 441 404iii# t4i sr! 0-„ift,,,fr 4,44 at __ma' ' . .-r- 11 ruVWF Z lores,4""1111' Ar "" 1111AIP' , 4,w e4-civ itr,, z.-.4.— eiii sr 6 lif V - 1614411 ....,_.... 4it, • PARR AND ALATGRONNa n -,.0 .,w 11 -82 -A c it /CD [0 9..- hi 1 EXHIBIT A Page 19 of 21 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: Entity Name Nueces County 08- 4303 -F; Nueces County vs. Arlyss Halbrook 0965- 0003 -0120; Lot 12, Block 3, Brentwood Village 434 Wilma Dr. - Corpus Christi Nueces County Education District City of Corpus Christi July 6, 2010 28,271.32 5,000.00 1,496.50 24,115.00 17.69% 20.73% Corpus Christi Independent School District Del Mar College City Paving & Demo Liens Amount Due Each Entity 4,817.71 5,519.05 12,099.40 2,254.38 3,580.78 Amount You Will Receive 597.03 683.94 1,499.41 279.37 443.75 A RESIDENTIAL LOT, LOCATED AT THE NORTHEAST CORNER OF WILMA DR. AND AIRLINE RD. THE CITY DEMOLISHED A SUBSTANDARD HOUSE HERE EARLIER THIS YEAR, LEAVING A LARGE CONCRETE SLAB AND THE DRIVEWAY. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI _88_ 1612 EXHIBIT A Page 20 of 21 IV p JARvis 1.311111S10 1YSIYiI1dV A1Nfl03 S373flN Ct. 74— • AL AmE0A '''•• "%n u, ST 13 5. 6 cr) 7.1 > ..c: •of -1 4: GP 7 • "-L. ?V,. fa, 7 0 rat s. • 14'", r • • Ins !4i OV • 15 :iII •• ir 4. ■••., e • Priv, 111 rirl dVW 335 • sin yr >4 Y /iln dVN In 3 Jn 3.2 j3„., 0 t dm, 141 t • &LH siCt: " :. 2 71F 1. r• • .14. ts iAtirr • • I. • ExEilB D IT A Page of 21 C. X 0 ORDINANCE AUTHORIZING THE RESALE OF NINE (9) PROPERTIES FOR $37,800.00 WHICH WERE FORECLOSED UPON FOR FAILURE TO PAY AD VALOREM TAXES, OF WHICH THE CITY SHALL RECEIVE $4,173.06 PLUS $9,285.23 FOR PARTIAL PAYMENT OF CITY PAVING AND DEMOLITION LIENS; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of nine (9) properties fisted on the attached and incorporated Exhibit A for $37,800.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $4,173.06 plus $9,285.23 for partial payment of City paving and demolition liens. SECTION 2. That the Nueces County Judge is authorized to execute a resale deed upon payment to the City of the City's share of the tax resale proceeds. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED: October 4, 2010 By: Lisa AguiI .d, Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor h z, ,ll &li5;s I I� !: sia _'il, ,, iik ,:•.y„ a•'.' . ifiiii ii c V: M cry 00 O\ ON •--■ c . V1 N 00 0 — r--: N nr 0 no r-1 •'-• M O\ vi •� E t* ri-1 M r m �1' 't}' M In 00 Pi. yif Ung il k a 1; �s � �; G ,� m a� 1�- ' I I.a 'r.. Ilx 9. {'A r : 1 1 254.40 1 C? N N l � ,--1 us lG o0 to O C; 4G C rl of CA � • E aEl II !H&} N�n E !~ m li u i iu a' I. 00'0001 00'000`i $ O p n 1 00-005`£ 0 6 n 1 00'005`6 O G n O 0 ©O n n O C ot • . rIL�1 }b ��L:11 _Fll!3le d{�.�.�:ICr7i3ii ": �..u::::�._ iHt �� 1,1,� r''sl1� ri lam.„' i�.4llr_.',.'�i..' �. • •._ N.:a1Ph' 9 Dal i ; �:•: '.. ., '1 h!IT511 imiHLP it 5.1 1'.1.!1 "a arty. I:��1� �'I''i e1F3 i?J H wiso Fss..t ;.�9,��� " F,En. iii• ..�riLd"1 .1F t . 04=' ziiira::p • 9630- 0002 -0050; Lot 5, Block 2, Wiess Addition 8724 - 0010 -0070; Lot 7, Block 10, Temple Addition 2486•. 0007 -0254; Lot E-25, Block "G ", Flour Bluff Estates 2540- 0007 -0440; Block 7, Flour Bluff Park 5786 - 0008 -0050; Lot 5, Block 8, Nottarb Place Unit 2 9039- 0002 -0190; Lots 19, 20, and 21, Block 2, Villa Green 2481- 0003 -0140; Lot 14, Block 3, Flour Bluff Center 0072 -0004 -0580, 0072 - 0004 -0590; Lots 58 and 59, Block 4, Airport Park 0965 -0003 -0120; Lot 12, Block 3, Brentwood Village 11144I 11 7a U � (: }, i. G 10111, n al . _= h -d - 1. a' 11611; qe:.r cel QO 3809 Reynosa Street 409 Judie Ct. 822 Redmond Street 3734 Saturn Road 610 So. Port Avenue 1201 Jonnell Street 1 1037 -1041 Post Avenue 434 Wilma Drive tii..M. - .... -Y y i1 .. a 1..ik_ ..:..:.; . _.n .5, y. • 'a ,: ,' Q n d- CI a O L/1 ~ t,;y t; 0 ,O tiP 0 o ■en N N 9 r ,..I, 0 0 4 Q �} N A O D k; 1;- :,t' , = .d IR. J!!'�!� T _: ' a' .•-■ VD n t i 1!y Ir1 00 h N M N h +n 1D --' N p, I.O alw,Iii1L1 p L" l i • ,w N m et un ,.0 t-- co ON Corpus Christi, Texas Day of , 2010 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 AGENDA MEMORANDUM City Council Action Date: October 19, 2010 SUBJECT: Airline Road from Saratoga Boulevard to Rodd Field Road Project Not-6465 / Bond Issue 2008/2004 AMENDMENT AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment No. 4 with HDR Engineering, Inc. of Corpus Christi, Texas, in the amount of $104,019 for a total restated fee of $1,296,316 for Airline Road improvements from Saratoga Boulevard to Rodd Field Road for additional design phase services to include the realignment of Airline Road, Rodd Field Road and Yorktown Boulevard intersections. (BOND 2004) ISSUE: This amendment will provide for Traffic Congestion Management and address safety issues by upgrading the existing intersection and eliminate the existing section of Airline Road which currently connects Rodd Field Road to Yorktown Boulevard, as well as remove the right turn access lane from Rodd Field Road to Yorktown Boulevard. A new alignment for a standard rural intersection, including signage for "all -way stops" will improve vehicular turning movements. This intersection will be bid as part of the Airline Road Improvements construction. HDR Engineering, Inc. was initially selected for this project through Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects. FUNDING: Funding is available from Bond Issue 2004 Streets from the voter approved Traffic Congestion Management Project category. 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 MB" Prior Actions Exhibit "C" Contract Summary Exhibit "D" Project Budget Exhibit "E" Location Map N :INOMEU(e1lyO1GEN\STREETS16465- Airline Road From Saratoga to Rodd FialdlAmendment No. 412 AGENDA MEMO.doc -95- AGENDA BACKGROUND INFORMATION SUBJECT: Airline Road from Saratoga Boulevard to Rodd Field Road Project No. 64651 Bond Issue 2008/2004 AMENDMENT NO. 4 AMENDMENT NO. 4: This contract amendment provides for additional engineering services for the re- alignment of the Airline, Rodd Field Road and Yorktown Boulevard intersections under scopes of work approved for Traffic Congestion Management in the Bond 2004 Capital Improvement Program. This is a heavily traveled area and re- alignment will eliminate a portion of Airline Road between Rodd Field Road and Yorktown Boulevard, as well as remove the right turn access lane from Rodd Field Road to Yorktown Boulevard. Improvements will also include signage and MIS conduits for potential future signalized traffic signalization. HDR Engineering, Inc. presented the scope of this amendment to the Transportation Advisory Committee on September 27, 2010. Members had no objections to this project. PROJECT DESCRIPTION (Original Scope of Work): The Airline Road Project provides for the full reconstruction of Airline Road from Saratoga Boulevard to Rodd Field Road. This amendment includes the reconstruction and widening of the existing unimproved two lane roadway to a five lane roadway with four travel lanes and a continuous left turn lane. Other improvements include curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings, and street lighting. Associated utility systems will be relocated, rehabilitated or replaced as appropriate within the project limits. PROJECT FUNDING: This additional item will be funded as part of the Bond 2004 Street Improvements for Traffic Congestion Management — City Wide. In November 2004 city voters approved $3,500,000 for city wide construction of: • Dedicated right turn lanes on principal arterial streets to increase intersection approach capacity, • Intersection reconfigurations, • Construction of raised medians for accessed management, • Alternate access entrances to large commercial areas for traffic congestion management, and • Other types of traffic smoothing measures as necessary. Bond 2004 Traffic Congestion Management Proceeds have been used to successfully complete nine projects including: • Traffic Congestion Management (design work for several locations), H ;IHOMESKeIlyO1GENISTREETS16465• Airline Road from Saratoga to Rodd FieldlAmendment No. 413 AGENDA BACKGROUND,doc _96_ EXHIBIT "A" Page 1 of 3 • Island Gate Plaza Alternate Access, • Williams Drive / Moore Plaza Alternate Access, • Traffic Congestion Management - Weber Road, • Ocean Drive /Ennis Joslin Reconfiguration, • Santa Fe and Elizabeth Street Improvements, • Airline Northbound Right -turn lane at South Padre Island Drive, • Everhart and Congressional Left Turn Lane (study) One project, the Best Buy Alternate Access Road, remains to be completed for this category. Currently the City is negotiating with the property owner and the work will be completed upon reaching an agreement with the property owner. This project is estimated to cost $200,000 which is being reserved for this work. Due to prior advantageous bid prices, there is a sufficient balance in this project category to complete the design and construction of the Airline, Rodd Field, and Yorktown Boulevard intersection eliminating a hazardous situation in a heavily traveled area. This project will be constructed with the Bond 2008 Street project for Airline Road from Saratoga Boulevard to Rodd Field Road to expedite construction and realize cost savings based on economies of scale. The estimated construction cost for the realignment of Airline Road, Rodd Field Road and Yorktown Boulevard intersections is $1,040,000. The total basic services fee proposal for this project is $75,913. Therefore, the percentage of design cost to construction cost is 7.30 %. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". PROJECT BACKGROUND AMENDMENT NO. 4 (BOND 2004): Amendment No. 4 for the realignment of Airline Road, Rodd Field Road and Yorktown Boulevard intersections was not included in the original scope of work for this project. This amendment will be funded from Bond Issue 2004 Traffic Congestion Management. On Tuesday, November 2, 2004, 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 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 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. PROJECT BACKGROUND AIRLINE ROAD - SARATOGA TO RODD FIELD (BOND 2008): The Airline Road from Saratoga Boulevard to Rodd Field Road Project was EXHIBIT "A" Page 2 of 3 H :IHOME1KeIly0hGEN1STREETS16465- Aldine Road from Saratoga to Rodd Fteld1Amendmenl No. 413 AGENDA BACKGROUND.doc -97- approved November 4, 2008 in the Bond Issue 2008 Package under Proposition 1 Street Improvements. Design, bid and construction phase services and additional services were awarded to HDR Engineering, Inc. through Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects. 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 taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. FUTURE COUNCIL ACTION: Approval of a construction contract to complete the project is required. H :HOME1Kelly01GEN\STREETS \6465- Airline Road from Saratoga to Rodd FieldlAmendrnenl No. 4\3 AGENDA BACKGROUND.doc _98_ EXHIBIT "A" Page 3 of 3 PRIOR PROJECT ACTIONS SUBJECT: Airline Road from Saratoga Boulevard to Rodd Field Road Project No. 6465 / Bond Issue 2008/2004 AMENDMENT NO. 4 PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. November 13, 2008 Ordinance canvassing returns and declaring results of the Special Election held on November4, 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) 4. 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) 5. 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) 6. March 31, 2009 — Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with HDR Engineering, Inc. from Corpus Christi, Texas in the amount of $1,127,716, for Airline Road from Saratoga Boulevard to Rodd Field Road for design, bid, and construction phase services. (BOND ISSUE 2008) (Motion No. M2009 -076) 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 H :IHOME\KelIyO10EN1STREETS5465- Aldine Road from Saratoga lo Rodd FleldlAmendagt No. 414 PRIOR ACTIONS.doc EXHIBIT "B" Page 1 of 2 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). 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. May 1, 2009 — Administrative approval of a Geotechnical Testing Agreement with Rock Engineering and Testing Laboratory, Inc. in the amount of $11,100 for Airline Road from Saratoga Boulevard to Rodd Field Road. (BOND ISSUE 2008) 8. July 17, 2009 — Administrative approval of Amendment No. 1 to the Contract For Professional Services with HDR Engineering, Inc. from Corpus Christi, Texas in the amount of $4,387, for a total re- stated fee of $1,132,103, for Airline Road from Saratoga Boulevard to Rodd Field Road. (BOND ISSUE 2008) 9. January 22, 2010 — Administrative approval of Amendment No. 2 to the Contract For Professional Services with HDR Engineering, Inc. from Corpus Christi, Texas in the amount of $40,294, for a total re- stated fee of $1,172,397, for Airline Road from Saratoga Boulevard to Rodd Field Road. (BOND ISSUE 2008) 10.July 19, 2010 — Administrative approval of Amendment No. 3 to the Contract For Professional Services with HDR Engineering, Inc. from Corpus Christi, Texas in the amount of $1 9,900, for a total re- stated fee of $1,1 92,297, for Airline Road from Saratoga Boulevard to Rodd Field Road. (BOND ISSUE 2008) H :IHOME1KeIIyOtiGEN\STREETSS6465- Airline Road from Saratoga to Rodd Fiat Z dn'I§n o. 444 PRIOR ACTIONS.doo EXHIBIT "B" Page 2 of 2 CONTRACT SUMMARY / AMENDMENT NO. 4 SUBJECT: Airline Road from Saratoga Boulevard to Rodd Field Road Project No. 64651 Bond Issue 2008/2004 AMENDMENT NO. 4 1. SCOPE OF SERVICES A. BASIC SERVICES —shall be amended to expand the following Basic Services to include the intersection of Yorktown Boulevard and Rodd Field Road and the abandonment of Airline Road between Rodd Field and Yorktown: Item No. 2 Design Phase • Provide additional Design Phase Services to prepare design documents for proposed improvements, prepare City format contract documents, and develop a preliminary opinion of probable construction cost. Item No. 3 Bid Phase • Provide additional Bid Phase Services including attending the pre -bid conference and assisting City in responding to bidder questions. Prepare necessary addenda, attend the bid opening, tabulate bids and make recommendations concerning award. Item No. 4 Construction Phase • Provide additional Construction Phase Services including attending and participating in the pre - construction conference, coordinating with City inspector to authorize minor field alterations, conducting "final inspection" with the City and Contractor and make a recommendation concerning final acceptance. B. ADDITIONAL SERVICES —shall be amended to expand the following Additional Service to include the intersection of Yorktown Boulevard and Rodd Field Road and the abandonment of Airline Road between Rodd Field and Yorktown: Item No. 5 Construction Observation Services • Provide additional Construction Observation Services. Approximately 90 calendar days will be required to construction improvements at this intersection, and can provide construction observation services for up to 20 per week for 13 weeks. H:IHOMEIKellyO\GEMSTREETS16485• Airline Road from Saratoga lo Rodd FleldlAmeJ 0 t No. 415 CONTRACT SUMMARY.doc EXHIBIT "C" Page 1 of 2 3. FEES - shall be amended as shown below: _ ORIGINAL CONTRACT AMD. NO. 1 AMD. NO. 2 AMD. NO. 3 AMD. NO. 4 TOTAL BASIC SERVICES 1 Preliminary Phase $121,463.00 $0.00 $0.00 $0.00 $0.00 $121,463.00 2 Design Phase $454,612.00 $0.00 0.00 16,300.00 63,486.00 $534,398,00 3 Bid Phase $13,834.00 $0.00 0.00 0.00 2,214.00 $16,048.00 4 Construction Phase $116,897.00 $0.06 0.00 0.00 10,213.00 $127,110.00 Subtotal Basic Services $706,806.00 $0.00 0.00 16,300.00 75,913.00 799,019.00 ADDITIONAL SERVICES 1 Permitting (as applicable) 3,450.00 0.00 0.00 . 0.00 0.00 3,450.00 2 Topographic and ROW Survey 106,579.00 0.00 40,294.00 3,600.00 0.00 150,473.00 3 Subsurface Utility Engineering 50,600.00 0.00 0.00 0.00 0.00 50,600.00 4 Television Inspection of WW Lines 30,130.00 4,387.00 0.00 0.00 0.00 34,517.00 5 Construction Observation 220,361.00 0.00 0.00 0.00 28,106.00 248,467.00 6 Warranty Phase 9,790.00 0 .00 0 .00 0 .00 0.00 9,790.00 Subtotal Additional Services 420,910.00 4,387.00 40,294.00 3,600.00 28,106.00 497,297.00 TOTAL AUTHORIZED FEE $1,127,716.00 $4,387.00 $40,294.00 $19,900.00 $104,019.00 $1,296,316.00 03/31/09 07/17/09 01/22/09 7/19/2010 I M2009 -076 I Admin. App. Admin. App. Admin. App. M2010- The estimated construction cost for the realignment of Airline Road, Rodd Field Road and Yorktown Boulevard intersections is $1,040,000. The total basic services fee proposal for this amendment is $75,913. Therefore, the percentage of design cost to construction cost is 7.30 %. HAHOME\KelIyCAGENISTREETS16465- Aldine Road from Saratoga 10 Rodd FleIdlAmend e t No. 415 CONTRACT SUMMARY.doc EXHIBIT "C" Page 2 of 2 PROJECT BUDGET AIRLINE ROAD FROM SARATOGA BOULEVARD TO RODD FIELD ROAD Project No. 6465 October 19, 2010 FUNDS AVAILABLE: Bond 2004 Traffic Congestion Management (AMENDMENT NO 4) TOTAL....... ...... ,............ ......... ................. ..... . .............. .............. 1,337,119.00 $1,337,119.00 FUNDS REQUIRED: Estimated Construction (AMENDMENT NO. 4) (Contractor TBD)... 1,040,000.00 Contingencies 104,000.00 Consultant Fees: Consultant (HDR Engineering, Inc.) (AMENDMENT NO. 4) Basic Services ($75,913) Additional Services AUTHORIZED ($28,106)...................... 104,019.00 Testing - Geotech (Rock Engineering and Testing Laboratory, Inc.)................. 11,100.00 Reimbursements: Contract Adminstration (Contract Preparation /AwardlAdmin) 23,400.00 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 36,400.00 Finance Issuance 13,000.00 Misc. (Printing, Advertising, etc.)............ 5,200.00 TOTAL............ $1,337,119.00 ESTIMATED PROJECT BUDGET BALANCE: $0.00 EXHIBIT "D" Page1 of 1 Mproject \councilexhibits \exh6465bb.d wg LOCATION MAP NOT TO SCALE PROJECT #6465 EXHIBIT "E" AIRLINE ROAD FROM SARA TOGA BOULEVARD TO RODD FIELD ROAD BOND ISSUE 2008 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1of1 DATE: 7/09/2010 -104- CU • — LL -D c 3 O Ii ce O 1 ca >x b.0 -0 O a) LPL co � °C mara i a O 46 O • — a dA • — ca acc intersections (Project No. 6465) c 0 V c D 0 U 0 0 N Oc •- 6 z 4-i a, E -a au E Q o 0 V O a-+ a-+ a-+ - V V V V CU CU CU CU O O O O L L L L ei. 0_ 0_ 0 0 0 0 00 0 0 QJ E 0 0 QJ _0 0 0_ E co 0 u al L 0 E O O E 0 E O O 8. E E E 0 E 0 u O 0 0 0 O 0 E u 0 E 0 O cU 0 E ce 0 E 0 CC I ca 0 0 O 16 0 u O O L fa O. V V >- v. c 0 0 N +-, N c L N ai N E co O tan U CO L O -0 W U _c N co - O tan -0 .L O w O oC 0 * Based on estimated construction cost of $1,040,000 C 0 Elmo VI CU 9 AGENDA MEMORANDUM Council Action Date: October 19, 2010 AGENDA ITEM: Motion authorizing the City Manager or designee to execute a Right -of- Way Easement instrument with Ronald S. Browning in the total amount of $62,539, for the acquisition of Parcel 12 containing 1.315 acres of land, located at the northeast corner of Airline Road at Slough Road, necessary for the Airline Road Street Improvement Project, Saratoga Boulevard to Rodd Field Road, Project #6465, Bond 2008 and for other municipal purposes. ISSUE: Bond Issue 2008, approved on November 4, 2008, included the Airline Road Street Improvement Project from Saratoga Boulevard to Rodd Field Road. The project includes the reconstruction of a two -lane rural roadway to a four -lane collector street with a center left-turn lane. New curbs, gutters, sidewalks, driveways, and street lighting will be constructed along with some utility line reconstruction. The acquisition of right -of -way for the project is progressing along the project limits shown on the attached project location map marked Exhibit B. City staff has completed negotiations for Parcel 12 with the landowner, Ronald S. Browning. A signed Right -of -Way Easement has been obtained by City staff in the total amount of $62,539. Expenditures for land acquisition exceeding $50,000 require City Council approval. FUNDING: Bond 2008 Fund - 550701 - 3546 - 00000- 170322 Amount Requested: $62,539.00 RECOMMENDATION: Approval of the motion as presented. Pedro Anaya, P. E. Director of Engineering Services petean ci7i cctexas.com 361 -826 -3781 Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Project Location Map Parcel Location Map H:IHOMEIEUSEBIOG \GENlAgenda ItemslAirline Road St. Imps.6565.BrowninglAgenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Airline Road Street Improvements, Saratoga to Rodd Field (BOND 2008) Acquisition of Parcel 12, 1.315 acres, Ronald S. Browning PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held a voter election to consider a number of ballot propositions under Bond Issue 2008. The purpose was to fund major capital improvements for the community. The Bond 2008 package included $153 million in projects targeting the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. Proposition No. 1 included 31 individual street improvement projects, one of which was Airline Road from Saratoga Boulevard to Rodd Field Road. The Airline Road Project is designed for the full reconstruction of Airline Road from Saratoga Boulevard to Rodd Field Road as shown on the attached Exhibit B. The scope of work includes the reconstruction and widening of the existing unimproved two lane roadway to a four lane collector street with a center continuous left turn lane. Other improvements include curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings, and street lighting. Associated utility systems will be relocated, rehabilitated or replaced as appropriate within the project limits. PARCEL DESCRIPTION: Parcel 12 is located at the intersection of Airline Road and Slough Road as shown on the attached Exhibit C. This parcel contains 1.315 acres of land of variable width. The parcel extends 1,575 feet northward along Airline Road Road and 490 feet eastward along Slough Road. The subject property, from which the easement is located, contains 25 acres and is currently zoned FR, Farm -Rural District. PARCEL NEGOTIATIONS: The City proceeded to appraise the parcel and contracted American Appraisers, Inc. for its valuation. An appraisal report was received in the amount of $57,539 based on residential use value, landscaping and fencing improvements. The landowner rejected the value as being insufficient and presented a counter offer based on his perceived commercial value of the property. Based on information obtained from Development Services, a portion of the property has high potential for development as B -1, commercial use. The original appraisal was amended to include the partial commercial land value. A new offer of $62,539 was presented to the landowner which was then accepted. The landowner has executed a Right -of -Way Easement for the 1.315 acre parcel which now requires signature by the City Manager or his designee. The easement allows full rights to the City for construction of its street improvements and for full surface use of the land. Since this is an easement acquisition, no title company is required for closing. 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 EXHIBIT A Page 1 of 2 —108— 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. March 31, 2009 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with HDR Engineering, Inc. from Corpus Christi, Texas in the amount of $1,127,716, for Airline Road from Saratoga Boulevard to Rodd Field Road for design, bid, and construction phase services (BOND ISSUE 2008). (Motion No. 2009 -076) 5. June 22, 2010 - Motion authorizing the City Manager or his designee to execute a Right of Way Easement instrument with D & E Development Corporation for the acquisition of Parcel 9 in the total amount of $88,582, containing Right of Way, necessary for the Airline Road — Saratoga to Rodd Field Improvements, Project #6465, and for other municipal purposes. (Motion No. 2010 -143) 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). FUTURE COUNCIL ACTION: 1. Authorize the acquisition of parcels whose cost exceeds $50,000 and, 2. Authorize the resolution for Eminent Domain proceedings, if needed, 3. Authorize the payment of any Special Commissioners Award for the condemnation of any parcels. H :1HOMEIEUSEBIOGIGEN\Agenda ItemslAirline Road St. Imps .6565.Browning \Background.doc EXHIBIT A Page 2 of 2 —1 0 9— AIRLINE ROAD FROM SARA TOGA BOULEVARD TO RODD FIELD ROAD BOND ISSUE 2008 114 CITY COUNCIL EXHIBIT EAR NT OP NNENRVD M ENGINEERING TEXAS PAGE: 1 oft DATE: 10/27/2009 Re : \Mproject councilexh\exh64645Iand2. dwg PROJECT LOCATION LOCATION MAP NOT TO SCALE VICINITY MAP NOT TO SCALE AIRLINE ROAD - SARATOGA TO RODD FIELD PROJECT #6465 -111- EXHIBIT C CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05/28/2010 DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division Airline Road — Saratoga to Rodd Field, #6465— Parcel 12 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RIGHT -OF -WAY EASEMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT I, RONALD S. BROWNING, (GRANTOR) of 7082 Lake View Drive, Corpus Christi, Nueces County, Texas, 78412 -5041 in consideration of $10.00 (Ten Dollars) and other good and valuable consideration paid by the CITY OF CORPUS CHRISTI, (GRANTEE) 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78469 -9277 the receipt of which is hereby acknowledged, has granted and conveyed, and does grant and convey to the City of Corpus Christi, a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along a certain tract of land situated in Nueces County, Texas and being described as follows: See the metes and bounds property description attached and incorporated as "Exhibit A ". (Premises) A map showing the location of the RIGHT -OF -WAY EASEMENT is attached and incorporated as "Exhibit B ". (Premises) Together with the free ingress, egress and regress to and for the City of Corpus Christi, Texas, and its franchisees, to construct, operate, repair and maintain streets, sidewalks, curbs, gutters and appurtenances upon said Premises for the public use by foot, with automobiles, carts, carriages and all other vehicles and all other means of transportation necessary or convenient at all times and in all seasons in, along and upon said Premises, as well as to lay, operate, inspect, replace, repair, service and maintain public utility lines, storm sewers, and franchised utility lines in, on, over, under and along said Premises. TO HAVE AND TO HOLD, all and singular, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors, legal representatives, franchisees and the public, for the proper use as public streets and utility easements for so long as used for such purposes, and if the use for said easements and rights of way is ever abandoned, then the aforesaid rights and privileges cease. —112— Grantor THE STATE OF TEXAS § COUNTY OF A la e , o {! § This instrument was acknowledged before me on Ll u by Ronald S. Browning. [Seal] Notary Public in and forte State of Texas ROBERTS/0U MY COMMISSION EXPIRES m 14.20t8 ,2010 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2010. Grantee CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 `Angel R. Escobar, City Manager ATTEST: ARMANDO CHAPA, CITY SECRETARY THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on , 2010 by `Angel R. Escobar, as City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM THIS DAY OF FOR THE CITY ATTORNEY Veronica Ocasias, Assistant City Attorney Assistant City Attorney 1- 1:1H0ME\NormaRIPROJECT1#6465 Airline Rd - Saratoga to Rodd Fi= Id\Parcel 121ROW.Browning.doc -114 , 2010. City project no. 6465 Consultants project no. 110446 Ronald S. Browning 25 acres out of Lts 22,23,25 &26 Sec 20, F.B. &E.F. &G.T. EXHIBIT A METES AND BOUNDS DESCRIPTION OF ADDITIONALAIRUNE ROAD R.O.W. Being 1.315 acres of land for additional right -of -way for Airline Road, said 1.315 acre ,tract being out of a 25 acre tract recorded in Document No. 913419, Official Public Records of Nueces County, Texas, and being out of Lots 22, 23, 25, and 26, Section 20, Flour Bluff and Encinal Farm and Garden Tracts recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, and this 1.315 acre tract being more particularly described by metes and bounds as follows: Beginning at the northwest corner of this tract and said 25 acre tract, said corner having a coordinate of N 17131807.26', E 1351708.86', Texas State Plane Grid, Texas South Zone, NAD'83, and said corner also being the southwest corner of a 13.013 acre tract recorded in Document No. 812138, Official Public Records of Nueces County, Texas, and Volume 2243, Page 318, Deed Records of Nueces County, Texas, and said comer being on the present east right -of -way line of Airline Road; Thence 5 61 -27 -37 E with the north boundary of this tract and said 25 acre tract, the same being the south boundary of said 13.013 acre tract, 20.01 feet, to the northeast corner of this tract; Thence 5 02 -09 -19 W with the east boundary of this tract and entering said 25 acre tract, 1275.80 feet, to the beginning of a curve to the left; Thence with said curve to the left having a central angle of 63- 30 -43, a radius of 417.51 feet, a length of 462.80 feet, a chord bearing of S 29 -36 -01 E, 439.47 feet; Thence 5 61 -21 -20 E with a north boundary of this tract, 249.31 feet, to a northeast corner of this tract, said corner being on the east boundary of said 25 acre tract, the same being the present west right -of- way line of Rodd Field Road; Thence 5 55 -09 -53 W with the east boundary of this tract and said 25 acre tract, the same being the present west right -of -way line of Rodd Field Road, 41.27 feet, to the southeast corner of this tract and said 25 acre tract, said corner being the intersection of the present west right -of -way line of Rodd Field Road with the present north right -of -way line of Slough Road; Thence N 61 -21 -23 W with the south boundary of this tract and said 25 acre tract, the same being the present north right -of -way line of Slough Road, 490.46 feet, to the southwest corner of this tract and said 25 acre tract, said corner being the intersection of the present north right -of -way line of Slough Road with the present east right -of -way line of Airline Road; Thence N 02 -08 -26 E with the west boundary of this tract and said 25 acre tract, the same being the present east right-of-way line of Airline Road, 1575.64 feet, to the point of beginning and containing 1.315 acres of land or 57,260 square feet, more or less. Note: Bearings are based on State Plane Grid, Texas South Zone, NAD'83. -115- PARCEL 12 IISIHX3 ant rua I. nwro :alarm £3roae IL1D L— 914011 4139?fN 1D3road swrllnsNo .� iMH sa,gn.J al sclupa.a 7- n1.1./ V i • a� 03 nn ,05-LL I I ,00'0£ r) LINE TABLE O • r. g N G N N�1 yO7 0, n a a to 01 rr 04 Y Er 2 1 J Wd8L :8E:40LOZ2Z2,101d' P180A001E9HZELOR1tla421P 0mMdy0 10 NO ATTACHMENT FOR THIS ITEM 11 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: October 19, 2010 Public hearing and first reading ordinance to consider abandoning and vacating a 29,774- square foot portion (0.684 Acres) of an undeveloped and unsurfaced 55 -foot wide dedicated public right -of- way (Paxton Street), out of the Navigation Industrial Park, said public right of way, being located north of the Agnes Street public street right -of -way; subject to compliance with the specified conditions. ISSUE: CMC Cometals Steel, is requesting the street abandonment and vacation of the undeveloped and unsurfaced dedicated public right -of -way, to accommodate construction of improvements to their existing recycling facility. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9 requires Council approval to abandon and vacate any portion of street rights-of-way. City Charter Article X, Paragraph 11, requires a public hearing prior to the vacating and abandonment of any street rights -of -way. IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance in accordance with City of Corpus Christi, Code of Ordinances §49 -12 (a), all grants of establishment or closing of public streets, alleys, or other public ways street closure must be recorded in the real property records of the county in which the property is located, and all affected properties must be replatted within 180 days. Prior to permitting any construction on the land, an up -to -date survey, abstracted for all streets, alleys, or publicways, and items of record must be submitted to the Director of Development Services. RECOMMENDATION: Staff recommends approval of the ordi ante as presented. Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map Juan Perales, Jr., P.E. Assistant City Manager Engineering and Development Services Email: JohnnyP(cr�,cctexas.com Telephone: 361 - 826 -3828 L:1PLN- DIR1specIal- serv.{willie ntedina{city council agenda 20101str- clolPaxton S reet.M —123— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: CMC Cometals Steel, is requesting the abandoning and vacating of the 29,774 - square foot portion of undeveloped and unsurfaced (Paxton Street) dedicated public right -of -way, located north of the Agnes Street public street right -of -way. CMC Cometals Steel, will be retaining the entire right-of-way width as a utility easement. The dedicated right-of-way to be abandoned and vacated is located in an "1 -3" Heavy Industrial District. The abandoning and vacating of the unsurfaced and undeveloped portion of dedicated public right -of -way (Paxton Street) is being requested by CMC Cometals Steel, to accommodate construction of improvements to their existing recycling facility. All public and franchised utilities were contacted regarding this closure request. City Wastewater Department has an 8 -inch sanitary sewer line within the undeveloped and unsurfaced public right -of -way and required that a utility easement be retained or the sewer fine be relocated at owner's expense. City Water Department has an existing 8 -inch water main within the undeveloped and unsurfaced public right-of-way and will require that a utility easement be retained or the water main be relocated at owner's expense. None of the other public or private departments or franchised utility companies had any objection. Staff recommends that payment of the fair market value be waived because City Code, Sec. 49- 12, waives payment of the fair market value when an abandoned street is unimproved, as it is in this case. As a condition of the public right -of -way closure, the Owner will be required to record all grants of street closures and dedications in the real property Map Records of Nueces County, Texas, within 90 days of adoption of the ordinance for the closure of this section of Paxton Street. In addition, the Owner will be required to record the replat of the property, including the section of right -of -way to be closed, within 180 days of the adoption of the ordinance for the closure of this section of Paxton Street. The Owner has been advised of and concurs with the conditions of the right -of -way abandonment and vacation. EXHIBIT A —124— Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 29,774- SQUARE FOOT PORTION (0.684 ACRE) OF AN UNDEVELOPED AND UNSURFACED 55 FOOT WIDE DEDICATED PUBLIC RIGHT -OF -WAY (PAXTON STREET), OUT OF THE NAVIGATION INDUSTRIAL PARK, SAID PUBLIC RIGHT OF WAY BEING LOCATED NORTH OF THE AGNES STREET PUBLIC STREET RIGHT OF WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, CMC Cometais Steel is requesting the abandonment and vacation. of a 29,774 - square foot portion (0.684 Acre) of an undeveloped and unsurfaced 55 foot wide, dedicated public right-of-way (Paxton Street), out of the Navigation Industrial Park, said public right of way being located North of the Agnes Street public street right- of-way, in order to accommodate construction improvements to their existing recycling facility; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, October 19, 2010, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the right -of -way, subject to the provisions below. (Exhibit A, Vicinity Map and Exhibit B, Map of proposed street closure, attached) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 29,774 - square foot portion (0.684 Acre) of a undeveloped and unsurfaced 55 foot wide, dedicated public right-of-way (Paxton Street), out of the Navigation Industrial Park, as recorded in Volume 27, page 90 of the Map Records of Nueces County, Texas, said public right of way being located North of the Agnes Street public street right -of -way, is abandoned and vacated, subject to compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above right -of -way is conditioned upon compliance with the following: A) Staff recommends that payment of the fair market value be waived in accordance with City of Corpus Christi, Code of Ordinance §49- 12(c)(4), which provides that no payment is required for the fair market value of any public street or other public way which is unimproved and not used for any public street purpose, as in this case. EXHIBIT B -125- Page 2 of 3 B) City Wastewater Department has an 8 -inch sanitary sewer Tine within the undeveloped and unsurfaced public right -of -way and requires that a utility easement be retained or the sanitary sewer line be relocated at owners expense; C) City Water Department has an 8 -inch water main within the undeveloped and unsurfaced public right -of -way and will require that a utility easement be retained or the water main be relocated at owner's expense; D) Upon approval by Council and issuance of the ordinance which grants the establishment, closure or alteration of any public street, alley, or other public way, the applicant shall: 1.) Record, at owner's expense, the approved action in the real property records of Nueces County, the county in which the property is located; and 2.) Apply for a replat of the affected properties. EXHIBIT B —126— Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, 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 , 2010, 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 , 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: October 4, 2010 By: Deborah Walther Brown Assistant City Attorney for City Attorney EXHIBIT B —127— 41111 jLit �' IIIIIIIIHII �•IIlllllllll z i V a !IIIItI1IUI �Il:!_I1N'Ifl�i'�L'If 5l7dla�� VICINITY MAP SCALE: 1" = 1000' EXHIBIT C SHEET 2 OF 2 This map represents a boundary survey made on the ground under my supervision n Fe:W-4)Pa z c '1L1 of 2008. GOLDSTON ENGINEERING A CH2M HILL Company Raul �:111f11111Ir1''!l�11 .`. -w^_ -- �r- 11IIr�ll�rr.= �.w•1- ,III/ j;I\ = ="11111111r_E QI, II ="�4 \11111= . ►: rII �Ii�i �ii�� _■ =i ►��� � 7.411a — IIU11m1 11 __: 11111111 . 11 — L121,11f= I:N7 I11111111111iI III1I11111 =► 1111IW1iun =1111111111 111111III11I11 :.I111111111 EE Iu111u1111114111111111 5= ��IIIU11III1 11111111111 11111111111111 == I111I111111II1 /�,:- If1f Y. 7 -- GRAPHIC SCALE 0 1000' 2000' COMMERCIAL METALS COMPANY CORPUS CHRISTI, TEXAS 0.684 ACRE PAXTON STREET CLOSURE PROJ. NO. 379324 DATE: 11 26/08 8 a 8 8 1) 8 LOT 4A, BLOCK 3 NAVIGATION INDUSTRIAL PARK SECTION 2 VOLUME 57, PAGES 37 -38 M.R.N.C.T. OWNER: TOWERS OF TEXAS, INC. TERMINAL STREET CLOSED BYE ORDINANCE NO. 022332 DETAIL It ox ■ 20' BLDG S _BACK LINE BLOCK 5 NAVIGATION INDUSTRIAL PARK SECTION 2 VOLUME 27 PAGE 90 LOT 22 I LOT 23 30' RAILROAD EASEMENT LOT 24 587'47'57"E .- TERMINAL STREET (60' RIGHT OF WAY - UNOEVELOPED) 10 BLDG SETBACK LINE1 LOT 1 1 LOT 6 0.684 ACRE STREET CLOSURE (29,774 SQ FT) 1 (TO BE RETAINED A.' A UTILITY EASEMENT) LOT 2 BLOCK 4 NAVIGATION INDUSTRIAL PARK SECTION 2 VOLUME 27, PAGE 90 OWNER: COMMERCIAL METALS COMPANY LOT 3 LOT 4 LOT 9 N tN t� w • LOT 10 BLOCK 4 Q rn � NAVIGATION INDUSTRIAL PARK SECTION 2 VOLUME 41 PAGE 132 FOUN IRON R W /CAP POINT OF BEGINNING S89'58 53 "W 50.04' LOT 2 BLOCK 1 LOT 5 S02-12'06"W LOT 7 42.87' THE TEXAS MEXICAN RAILWAY COMPANY 15 ACRE TRACT VOLUME 19 PAGE 54 M.R.N.C.T. OWNER: COMMERCIAL METALS COMPANY CURVE 1 0=100'42'11" R= 50.00' T= 60.34' L= 87.58' C.B.= NO7'40'34 "W C. L=77.00' CURVE .3 D =25'4132" R= 20.00' T =5.12' L= 10.02' C.B. =S16 32'49'W C.t. =9.92' SHEET 1 OF 2 CURVE 2 D= 40'28'28" R= 34.30' T=12.65' L= 24.23' C. 8. =N22'26'1 7 E C.L. = 23.73' E M.R.N.C.T. N EXHIBIT B This map represents a boundary survey made on the ground under my supervision g 2 of 2008. au A. as o, R.. 5 061 LOT 11 DETAIL LLi Q 0 sczi NO2'12'33 "E 4.66,' N89 '56'26"E 5,00' -FOUND 5/8" IRON ROD ABBREVIATIONS BLDG BUILDING C.B. CHORD BEARING C.L. CHORD LENGTH C CENTERLINE D DELTA ANGLE D.R.N. C.T. DEED RECORDS, NUECES COUNTY, TEXAS M.R.N.C.T. MAP RECORDS, NUECES COUNTY, TEXAS INC. INCORPORATED L LENGTH NO. NUMBER R RADIUS T TANGENT GRAPHIC SCALE 0 120' 240' 1" 1 20' GOLDSTON ENGINEERING A CH2M HILL Company COMMERCIAL METALS COMPANY CORPUS CHRISTI, TEXAS —1 2 9— 0.684 ACRE PAXTON STREET CLOSURE PROJ. NO. 379324 I DATE: 01 — 20—OlDWG. 0 12 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: October 19, 2010 Public hearing and first reading ordinance to consider abandoning and vacating a 25,774 - square foot portion (0.59 Acres) of an undeveloped and unsurfaced 20 -foot wide dedicated public right -of- way, out of the Flour Bluff and Encinal Farm and Garden Tracts, Section 31, Lot 11, said public right of way, being located just south of the Williams Drive public street right -of -way; subject to compliance with the specified conditions. ISSUE: City of Corpus Christi is requesting the street abandonment and vacation of the undeveloped and unsurfaced dedicated public right-of-way, to accommodate the development of the South Guth Sports Complex. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9 requires Council approval to abandon and vacate any portion of street rights -of -way. City Charter Article X, Paragraph 11, requires a public hearing prior to the vacating and abandonment of any street rights -of -way. IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance in accordance with City of Corpus Christi, Code of Ordinances §49 -12 (a), all grants of establishment or closing of public streets, alleys, or other public ways street closure must be recorded in the real property records of the county in which the property is located. Prior to permitting any construction on the land, an up -to -date survey, abstracted for all streets, alleys, or publicways, and items of record must be submitted to the Director of Development Services. RECOMMENDATION: Staff recommends approval of the ordina ce as presented. Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map Vt4/41.1 Juan Perales, Jr., P Assistant City Manager Engineering and Development Services Email: JohnnvP @cctexas.com Telephone: 361 -826 -3828 L:1PLN- UiRlspecial- serv.lalie medinelcity council agenda 20101str- clol20' Undeveloped ROW (5o. Guth Complex).M —133— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City of Corpus Christi is requesting the abandoning and vacating of the 25,774- square foot portion of undeveloped and unsurfaced dedicated public right -of -way, located south of Williams Drive and west of Paul Jones Avenue, The dedicated right -of -way to be abandoned and vacated is located in an "F -R" Farm Rural District. The abandoning and vacating of the unsurfaced and undeveloped portion of dedicated public right - of -way, is to accommodate the development of the South Guth Sports Complex. All public and franchised utilities were contacted regarding this closure request. None of the public or private departments or utility companies had any objection to the closure. The City's Code of Ordinances, Section 49- 12(c)(4) waives payment of fair market value of the right - of -way to be abandoned when the street is unimproved, and not used for any public street purpose. This section of the Code also defines "public street purpose" to include, but not be limited to, "curbs, gutters, sidewalks, pavement, drainage ditches, water, sewer and gas lines, line poles and wires, and any other public utility installations." EXHIBIT A Page 1 of 2 ORDINANCE ABANDONING AND VACATING A 25,774 - SQUARE FOOT PORTION (0.59 ACRES) OF UNDEVELOPED AND UNSURFACED 20 FOOT WIDE, DEDICATED PUBLIC RIGHT -OF -WAY, OUT OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 31, LOT 11, SAID PUBLIC RIGHT OF WAY BEING LOCATED JUST SOUTH OF THE WILLIAMS DRIVE PUBLIC STREET RIGHT OF WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, the City of Corpus Christi is requesting the abandonment and vacation of a 25,774 - square foot portion (0.59 Acres) of undeveloped and unsurfaced 20 foot wide, dedicated public right -of -way, out of the Flour Bluff and Encinal Farm and Garden Tracts, Section 31, Lot 11, said public right of way being located just South of the Williams Drive public street right -of -way, in order to accommodate the development of the South Guth Sports Complex; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, October 19, 2010, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the right -of -way, subject to the provisions below. (Exhibit A, Location Map and Exhibit B, Map of proposed road closure, attached) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 25,774- square foot portion (0.59 Acres) of a undeveloped and unsurfaced 20 foot wide, dedicated public right -of -way, out of the Flour Bluff and Encinal Farm and Garden Tracts, Section 31, Lot 11, as recorded in Volume A, pages 41-43 of the Map Records of Nueces County, Texas, said public right of way being located just South of the Williams Drive public street right -of -way, is abandoned and vacated, subject to compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above right -of -way is conditioned upon compliance with the following: A) Staff recommends that payment of the fair market value be waived in accordance with City of Corpus Christi, Code of Ordinance §49- 12(c)(4), which provides that no payment is required for the fair market value of any public street or other public way which is unimproved and not used for any public street purpose, as in this case. B) Upon approval by Council and issuance of the ordinance, in accordance with City of Corpus Christi, Code of Ordinances §49- 12(a), all grants of establishment or C: 1D0CUME- 11WilliaMILOCALS- 11TempxXPgrpwiseloRDINANCE to abandon and vacate ROW.DOCX EXHIBIT B —135— Page 2 of 2 closing of public streets, alleys, or other public ways must be recorded in the real property records of the county in which the property is located. Prior to permitting any construction on the land, an up -to -date survey, abstracted for all streets, alleys or public ways and items of record must be submitted to the Director of Development Services. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, 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 , 2010, 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 , 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: October 4, 2010 By: Deborah Walther Brown Assistant City Attorney for City Attorney C:I DOCUME- 11WifIleMILOCALS --11Temp.XPgrpwise\ORDINANCE to abandon and vacate ROW.DOCX EXHIBIT B —1 3 6— 3 WTI N Lv ■ Q Ci Q Z H = W E oc.D w E Q © m L L 0.7 U) 0 ommiLIIMIM 2 2 ? z 4o F- I - z - F- Uw 60. Lila? 0 [r J cs 0 l- Z LLI • W 00, ocKg 1 In 2 O Z Q. LLF LOT 2A PEARY PLACE ANNEX "E" VOL. 49, PG. 184 M.R.N,C.T. 0 0 Z 1 Ln 0 °a U lEi ooa� Z pPi J Y V — WHIMS DR.- -- — 551.00 00rE - 1309.98' r • r 0 z ODUQI W viU a50 brZkIR o � —138— 0 0 a a 13 W IX r! !I 11/0 d hag NG RIE Rapao 0a r.w o 13 AGENDA MEMORANDUM City Council Action Date: October 26, 2010 SUBJECT: Update to Parks, Recreation and Open Space Master Plan (Project No. E10062) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Halff Associates Inc. of Houston, Texas, in the amount of $201,070 for the Update to Parks, Recreation and Open Space Master Plan. ISSUE: This project is to develop a parks, recreation and open space master plan to serve as a template for Tong -term park development in Corpus. Christi. The project consists of three phases: Phases 1 and 2 pertain to the Update to the Parks, Recreation and Open Space Master Plan and Phase 3 is to develop a master plan at Sunrise Beach Park at Lake Corpus Christi. The parks master plan shall include an analysis of existing parks, open space and facilities; the development of recommendations based on natural resources, demographic and growth trends, as well as the recreational demands and needs of the community; and "phasing /priority recommendations, cost estimates and potential funding. The consultant will be expected to coordinate input from staff, stakeholders, partners and user groups via surveys, public meetings /hearings and focus groups /studies. The plan shall meet all standard requirements of the Texas Parks and Wildlife Department (TPWD) and qualify for points in the TPWD Local Park Grant Program. Halff Associates Inc. was selected for this project through Request for Qualifications (RFQ) No. 2010 -04 Professional Services for Department of Parks and Recreation Projects. FUNDING: Funding is available from the Parks and Recreation Department and Water Department Operating Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. Mic ael Morris Director of Parks and Recreation 361/826-3464 mi . . elmo @c s.com ii Gusta o on - ez, :ip Direct • r of Water S: , es 361182• -1874 gustavogo a( cctexas.com Pete Anaya, P.E. Director of Engineering Services 361/826-3781 petean@cctexas.com Additional Support Material: Exhibit "A" Agenda Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map H:IHOME1RachellelGEN4Parks & Recreatian4E10062- Update to Parks, Ree & Open . pperaseer PIen4Agenda Mema.doc AGENDA BACKGROUND INFORMATION SUBJECT: Update to Parks, Recreation and Open Space Master Plan (Project No. El 0062) PROJECT DESCRIPTION: The project is to develop a parks, recreation and open space master plan to serve as a template for long -term park development in Corpus Christi. The project will consist of two phases: D Phase 1: Inventory, Data Collection, Analysis and Needs Assessment • Phase 2: Master Planning D Phase 3: Sunrise Beach Park Master Plan Phase 1 will consist of 13 meetings with stakeholders and the public to gather data and assess the current and future needs of the city's parks and natural resources. During this phase, there will also be a briefing before the Parks and Recreation Advisory Council (PRAC) on the results of the needs assessment and the key aspects of the preliminary master plan. Following that meeting, there will be a City Council workshop and public meeting at City Hall to present results of the needs assessment, to obtain City Council comments, and to field questions regarding several aspects of the master plan update. Phase 2 will consist of 15 meetings with stakeholders and the public to develop recommendations for changes to current ordinances and practices and new ordinances, policies or initiatives for the appropriate distribution and development of parks and recreation facilities in Corpus Christi over the long term. Phase 3 will consist of 4 meetings to prepare a master plan for Sunrise Beach Park located at Lake Corpus Christi. The consultant will prepare three site development plan options with accompanying budget recommendations for the following: potential users and guests; potential mix of uses and activities (such as mobile homes, RV's, tent camping and day use); roadway and rental site configurations; support facilities (office, retail, restrooms, etc.); and potential conservation initiatives. A key aspect of this project will be the approval process through the Texas Parks and Wildlife Department (TPWD). Halff Associates will hand- deliver copies of the adopted master plan to the Grants-In-Aid Division of the TPWD for review and approval. The consultant will discuss key issues and recommendations in the master plan and address any TPWD concerns or questions prior to approval. Then the consultant will revise the master plan document if required to obtain TPWD approval. CONSULTANT SELECTION: Halff Associates Inc. was selected for this project through Request for Qualifications (RFQ) No. 2010 -04 Professional Services for Department of Parks and Recreation Projects. RFQ 2010 -04 was distributed to 172 engineering firms (68 local and 104 non - local) on April 27, 2010 and posted on the City of Corpus Christi's website. Nine (9) firms responded to the request for qualifications for the Update to Parks, Recreation and Open Space Master Plan Project. H:IHOME1RachelleIGEN1Parks & Reereation1E10062- Update to Parks, Rec & Open Space Master Plan Agenda Background.doc —142— EXHIBIT "A" Page 1 of 3 The responding firms were: • Chuck Anastos Associates, LLC • CLK Architects & Associates • Dykema Architects Inc. • Raiff Associates Inc. • LNV Engineering • Mesa • Naismith Engineering • Parkhill Smith & Cooper • Solka Nava Torno The firms' qualifications were reviewed by the Selection Committee composed of the following: • Pete Anaya, P.E., Director of Engineering Services • Dan Biles, P.E., Assistant Director of Engineering Services • Michael Morris, Director of Parks and Recreation • Stacie Talbert, Assistant Director of Parks and Recreation • Joshua Wentworth, Parks and Recreation PARTICIPATION REQUIREMENT: As explained in Addendum No. 3 to the RFQ (issued May 28, 2010), the Participation Requirement of 75% local participation and 25% non -local participation is waived for the following two (2) projects: Oso Creek/Oso Bay Area Park Development (Project No. 3380) and Update to Parks, Recreation and Open Space Master Plan (Project No. E10062). The Participation Requirement will not be utilized due to federal /state regulations which do not permit selection based on local preference. SELECTION: All 9 firms which responded to the RFQ were deemed competent and able to complete the project; however, as a result of the submittal reviews, the team of Halff Associates Inc. was selected as the most highly qualified team. The major factors contributing to the recommendation of the RFQ Panel were as follows: 1. The ability to demonstrate and present a wide knowledge of applicable project fundamentals; 2. The team's previous experience on similar projects, which were completed on time and within budget; that they understand the project's requirements; and 3. The recommended team is well balanced to address the project requirements, possesses good team compatibility, and substantial expertise. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "C ". PROJECT BACKGROUND: The Corpus Christi City Council approved the Corpus Christi Parks, Recreation and Open Space Master Plan on November 19, 2002 following a public hearing during a meeting of the Planning Commission and City Council. That master plan was prepared by Halff Associates. The Parks and Recreation Advisory Committee recommended approval of the contents of the Ordinance on May 11, 2005 and the Planning Commission, after a public hearing, H:IHOME1Rache11e1GENPParks & RecreationlE10082- Update to Parks, Rec & Open Space Mosier PtantAgenda Background.doo —143— EXHIBIT "A" Page 2 of 3 recommended approval on June 1, 2005. On June 14, 2005, the City Council amended the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation, and Open Space Master Plan Subsection 10 of Section 8.2 by adding provisions for playground equipment and green spaces in neighborhood parks. On April 8, 2008, the City Council again amended the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation, and Open Space Master Plan by amending the Top Ten list of highest priority recreation facility needs in Section 9.2. The amendment was necessary because the Texas Parks and Wildlife Department had been in the process of changing guidelines due to legislation passed by the 80th Texas Legislature, which created additional funding for park development. The changes to the priority list included items that will be submitted in grant applications over the next two years. The grant program is evaluated on a point system that was developed based on the approved priority listing. H:IHOMEIRachelletGENlParks & RecreatIon1E100624Jpdate to Parks, Rec. & Open Space Master PIRO,Agenda Backgrarrnd.doc —144— EXHIBIT "A" Page 3 of 3 PRIOR PROJECT ACTIONS SUBJECT: Update to Parks, Recreation and Open Space Master Plan (Project No. E10062) PRIOR COUNCIL ACTION: 1. July 20, 2010 - Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning August 1, 2010 to be filed with the County Clerk; appropriating monies as provided in the budget. (Ordinance No. 028683) 2. July 20, 2010 — Ordinance to ratify increase of $1,380,315 in property tax revenues from last year's Operating Budget as reflected in the 2010 -2011 Operating Budget. (Ordinance No. 028684) PRIOR ADMINISTRATIVE ACTION: 1. April 27, 2010 - Distribution of Request for Qualifications (RFQ) No. 2010 -04 Professional Services for Department of Parks and Recreation Projects to 172 engineering firms (68 local and 104 non - local). 2. May 12, 2010 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2010 -04 Professional Services for Department of Parks and Recreation Projects to 172 engineering firms (68 local and 104 non - local). 3. May 26, 2010 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2010 -04 Professional Services for Department of Parks and Recreation Projects to 172 engineering firms (68 local and 104 non - local). 4. May 28, 2010 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2010 -04 Professional Services for Department of Parks and Recreation Projects to 172 engineering firms (68 local and 104 non - local). HAHOME1Rachetle1Gi=N,Perks & Reereatlon1E10062- Update to Parks, Rec & OPARS arteE89ter PIan4Prior Project Aetions.doc EXHIBIT "B" Pac e l of l CONTRACT SUMMARY 1. SUBJECT: Update to Parks, Recreation and Open Space Master Plan (Project No. E10062) The project consists of three phases: Phases 1 and 2 pertain to the Update to the Parks, Recreation and Open Space Master Plan and Phase 3 is to develop a master plan at Sunrise Beach Park at Lake Corpus Christi. The parks master plan shall include an analysis of existing parks, open space and facilities; the development of recommendations based on natural resources, demographic and growth trends, as well as the recreational demands and needs of the community; and phasing /priority recommendations, cost estimates and potential funding. The consultant will be expected to coordinate input from staff, stakeholders, partners and user groups via surveys, public meetings /hearings and focus groups /studies. The plan shall meet all standard requirements of the Texas Parks and Wildlife Department (TPWD) and qualify for points in the TPWD Local Park Grant Program. 2. SCOPE OF SERVICES The AIE hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A ", to complete the project. 3. SCHEDULE DAY DATE ACTIVITY Thursday November 4, 2010 Kick -Off Meeting with City Thursday January 27, 2011 Complete Community Meetings Friday April 29, 2011 Complete Phone & Web Surveys Tuesday June 7, 2011 Present Needs Assessment to City Council Wednesday June 8, 2011 Begin Preliminary Master Plan Thursday September 29, 2011 Complete Community Meetings Tuesday October 4, 2011 City Council Presentation - Preliminary Master Plan Friday February 24, 2012 Complete Master Plan Tuesday March 6, 2012 City Council Presentation -Final Master Plan Tuesday March 20, 2012 City Council Adoption H:4HOME4RachelleLGENLParks & Reereat on1E10062- Update to Perks, Ree & Open Space Master PIan1Contract Summary.doe —1 4 6— EXHIBIT "C" Page 1 of 2 4. FEES SCOPE OF SERVICES I TOTAL PHASE 1 - INVENTORY, DATA COLLECTION & ANALYSIS -j _ 1 Project Initiation $4,340.00 2 Inventory & Document Existing Parks $8,950.00 3 Park Maintenance & Development Assessment $6,000.00 4 Review Current Planning Efforts & Policies $3,320.00 5 Standards -Based Analysis $7,000.00 6 Demand Analysis (Incl. Telephone & Web Surveys) $38,120.00 7 Resource -Based Analysis $9,280.00 8 Priority Ranking Analysis $3.900.00 Subtotal Phase 1 $80,910.00 PHASE 2 - MASTER PLANNING 1 Recommended Policies & Initiatives $6,560.00 2 Preliminary 5- to 10 -Year Action Plan $23,840.00 3 Preliminary Implementation Plan $18,060.00 4 Preliminary Master Plan Public Engagement & Review $11,760.00 5 Final Master Plan Preparation and Adoption $16,040.00 6 TPWD Review & Approval $1.480.00 Subtotal Phase 2 $77,740.00 PHASE 3 - SUNRISE BEACH PARK MASTER PLAN 1 Project initiation 2 Site Inventory & Analysis 3 "Best Practices" Investigation 4 Park Development Options Subtotal Phase 3 $3,620.00 $6,600.00 $2,720.00 $11,480.00 $24,420.00 Travel, Printing, Delivery Services Fees (Reimbursable) $18,000.00 TOTAL FEE (PHASES 1, 2 & 3 & Reimbursables) $201,070.00 H:11-10MEIRache11e1GENlParks & RecreationlE1 [1062- Update to Parks, Rec & Open Space Master Plen\Contract Summary,doc -147- \Mproject\counciexhibits\exhEJ 0062. d wg CORPUS CORTS?i' ILAy CITY WIDE PROGRAM PROJECT #E10062 LOCATION MAP NOT TO SCALE EXHIBIT "D" UPDATE TO PARKS, RECREATION AND OPEN SPACE MASTER PLAN 148 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: loft DATE: 10/05/2010 MIIV �- NW IMO 14 AGENDA MEMORANDUM City Council Action Date: October 19, 2010 SUBJECT: Allison Wastewater Treatment Plant New Mechanical Bar Screen Facility (Project No. 7417) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with J. S. Haren of Athens, Tennessee, in the amount of $1,199,500 for the Base Bid and Additive Alternate Nos. 1, 2, and 3 for the Allison Wastewater Treatment Plant New Mechanical Bar Screen Facility, ISSUE: This project provides for the replacement of the mechanical bar screen facility (for removing non- degradable objects) at the Allison Wastewater Treatment Plant. The existing facility was constructed in 1965 and equipment was last replaced in 1984. The structure and equipment are beyond their service life and this facility is critical to the operations and safety of plant operators. On September 15, 2010, the City received proposals from five (5) bidders (see Exhibit "D" Tabulation of Bids) with one bid determined non - responsive for not bidding on Additive Alternate No. 3 and for extension /addition errors on the Proposal form. The bids range as follows: Base Bid Additive Alternate No. 1 Additive Alternate No. 2 Additive Alternate No. 3 from from from from $997,000.00 to $24,000.00 to $95,800.00 to $5,000.00 to $1,532,834.00 $63,172.00 $177,000.00 $70,300.00 The estimated cost of construction for the Base Bid is $1,182,249. The City's consultant, Urban Engineering and City staff recommend a contract be awarded to J. S. Haren in the amount of $1,199,500 for the Base Bid and Additive Alternate Nos. 1, 2, and 3 for the Allison Wastewater Treatment Plant New Mechanical Bar Screen Facility. FUNDING: Funding is available from the Wastewater Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services 361 -857 -1801 fostercc cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Letter of Recommendation Exhibit "D" Tabulation of Bids Exhibit "E" Project Budget Exhibit "F" Location Map Pete Anaya, P.E. Director of Engineering Services 361 -826 -3781 petean@cctexas.com H:SHOME4VeImaP4GEN4WASTEWATER 17417 ALLISON WWTP NEW MECHANICAL BAR Cl{E NICONSTRUCTIONI2 AGENDA MEMO.doe AGENDA BACKGROUND INFORMATION SUBJECT: Allison Wastewater Treatment Plant New Mechanical Bar Screen Facility (Project No. 7417) PROJECT DESCRIPTION: The project consists of demolition of existing bar screen facility, replacement of existing grit washer, and sitework, excavation and back filling, concrete structures, two mechanical step screens, two washing presses, slide gates with MOV actuators, aluminum channel covers, fiberglass grating, stairs, aluminum handrail, PVC and DIP piping, PVC duct piping, odor control unit, two blowers, painting, concrete pavement and sidewalk, electrical and miscellaneous items of work required to complete the project in accordance with the plans, specifications, and contract documents. BID INFORMATION: On September 15, 2010, the City received proposals from five (5) bidders with one bid determined non - responsive for not bidding on Additive Alternate No. 3 and for extension/addition errors on the Proposal form. The bids range as follows: Base Bid from $997,000.00 to $1,532,834.00 Additive Alternate No. 1 from $24,000.00 to $63,172.00 Additive Alternate No. 2 from $95,800.00 to $177,000.00 Additive Alternate No. 3 from $5,000.00 to $70,300.00 Additive Alternate No. 1 consists of the electric actuator for side gates. Additive Alternate No. 2 provides for new odor control system. Additive Alternate No. 3 provides for new manual bar screen. BID RECOMMENDATION: The City's consultant, Urban Engineering, has reviewed J. S. Haren's experience record and past performance to be very satisfactory (see Exhibit "C" Letter of Recommendation). The estimated cost of construction for the Base Bid is $1,182,249. Urban Engineering and City staff recommend a contract be awarded to J. S. Haren in the amount of $1,199,500 for the Base Bid and Additive Alternate Nos. 1, 2, and 3 for the Allison Wastewater Treatment Plant New Mechanical Bar Screen Facility. CONTRACT TERMS: The project is estimated to require 300 calendar days, with completion anticipated in September 2011. PROJECT BACKGROUND: This project is part of the Wastewater Capital Improvement Plan to strategically address critical systems as the systems and equipment reach the end of their useful service life. The Allison Wastewater Treatment Plant (WWTP) was constructed in 1965 and equipment was last replaced in 1984. These systems and equipment are now beyond their effective service life and beginning to experience failures. 52 H: IHOMEWe &maP1GENWlASTEWATER17417 ALLISON WWTP NEW MECHANICA—L 1 BAR S- CREENICONSTRUCTIONI3 AGENDA BACKGROUNO.doc EXHIBIT "A" Pale 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Allison Wastewater Treatment Plant New Mechanical Bar Screen Facility (Project No. 7417) PRIOR COUNCIL ACTION: 1. December 15. 2009 — Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800 (Ordinance No. 028449) 2. April 21, 2009 — Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Urban Engineering from Corpus Christi, Texas in the amount of $147,620 for the Allison Wastewater Treatment Plant New Mechanical Bar Screen Facility for the design, bid, construction, and additional phase services. (Motion No. M2009 -098) EXHIBIT "B" Page 1 of 1 H:IHOMEIVELMAPSGENSWASTEWATER %7417 ALLISON WWTP NEW MECHANICA1 L BAR SCREEN%CONSTRUCTIONS4 - AGENDA PRIOR PROJECT ACTIONS.DOC -53 September 27, 2010 Mr. Pete Anaya, P.E. Director of Engineering Services City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 Subject: Allison WWTP New Mechanical Bar Screen Facility City Project No. 7417 Dear Pete: Job No. 16445.A7.00 TRANSMITTED VIA EMAIL AND ORIGINAL MAILED Urban Engineering has received a copy of and reviewed all of the bids submitted for the subject project. We have also received and reviewed the information required by Sections A- 28, A -29 and A -30 of the Contract Document Special Provisions to be submitted after the bid date. We have investigated and found the bid package and experience record of J. S. Haren, the apparent low bidder, to be very satisfactory. Attached please find a Bid Tabulation and a copy of the information required by Sections A-28, A -29 and A-30. It is the recommendation of Urban Engineering that the subject project be awarded to J. S. Haren, if the funds are available, for the bid amount as follows: Base Bid $ 977,000.00 Add. Alt. No. 1 $ 54,000.00 Add. Alt. No. 2 $ 162,000.00 Add. Alt. No. 3 $ 6,500.00 TOTAL $1,199,500.00 MM/sk Enclosure xc: J. 8. Haren Job file (361)854 -3101 Sincerely, URBAN ENGINEERING Mark Maroney, P.E. 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854 -6001 www.urbaneng.com TBPE 1i54# -145 EXHIBIT "C" Page 1 of 1 $1,182,249.00 co fA 10 it 2 o cn O -a o a) is o H 0 0 0 U z 1 C 2, 0 Z W L Z U 0 C7 O w E 0 1- w ° - a W a, `m ❑ C a O c 0- •O a) W M =.0 ca m ❑ •• go m Z 0 2 o 0 0 O 00 00 0 0 0 0 0 6666r '-O0100Cio OOONr -(DNr o r M r r- r444. N 0 O 0)(0Cr) NO)C)(0Cr)0 m CO E9 — 0 0 59 664 � 699 Ell el 0 o (0 a- 424 0 0 0 c0 co O O 10 10 O) 69 0 0 10 1n 0) 0 0 O M O 0 O p O 4 N M M t- CO &9. IL� ti 69 Y 0 a. 0 C N ED 10 W C H (n 5 Ne 0 ca i- r Z 0 0 0 0 r] 0 0 r) o r 0 b 0 69 69 0 664 to 6} o 67, M 15 Ce 69 m ° 669. 64 69- 6,y 0 00 00 r o0 r, 0 6 64 1- Z ❑ 0 o O o 0 0 0 0 0 0 0 0 O O o 0 0 0 0 0 o 0 6666 CV 0600000 14 0 et 0 M T O) 1n et N o O r (D er T ct O u7 O) 0 r 66. Kr , acci tN 0 696 0.69. 0 b469 E9T ER N- CB- 0 $1,299,068.00 0 O 0 N 69 0 0 O 0 0 G9 0 0 00 c�) N 1) 6, 0 0 0 co 0 o 0 O 0 117 EA 0 0 0 0 o 0 o O 6 w 6 0 o o N N 0 Nr)_ nct 419- 4,4 fack W a 0 0 69 C 0 r N 0 0 0 0 f9 65, e9 CO is o 69. 15 14°a N f9 0 0 0 a 0 r N 0) r 0 le0 0 L.. 01 1 0 p, V) ti • O r I-- Z ❑ O < 0 0 0 0 Co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 aQ06ui666 V c4 6 o O 0 0 0) (D of 1n 1n 0) O 0000o N0000N0 o O o O T r r O 69. Q ('9 60) co 67 to $1,263,195.00 $63,172.00 $63,172.00 , $177,000.00 O 0 O 0 6 6 0 0 O 0 r: &} 64 $7,000.00 $1,326,367.00 $1,503,367.00 $1,510,367.00 Z' a 0 0 0 0 f 64 0 o 60 a 40 7 69 r413 ui N ri E9 0 0 N 69 0 0 0 fti N s 0 0 0 61 T o ti C v. a) X N 0 1n f- Z D O a oo000oo00000 000000000o° 600d6r-uioo666 oONoMCOetrONO o IO T O u') T co c) 00 a) O NNr- CEa co)TnjetNO to T [f} N 69 N ( ( - - 0 q 0 o 0 Co o 0 O 1+ et ti 1fi 0 Ere $54,000.00 $162,000.00 -0 o 0 0 0 0 co O 0 u) CO el r $6,500.00 $1,031,000.00 $1,193,000.00 $1,199,500.00 (City Project No. 7417) F w Z CJ a 0 0 N csi 1 64 00 0 0 N 64 69 49 tR 0 a O O 0 0 0 69 r- Z DESCRIPTION .�JJJJU- ›- ›- JJJ_U, ,I m GElT CI)N (IiM r N M O JO JO 000 w Z Z r T r r a) T vr u) et N r (1) ({) 1 z T W— Z a s I-rO)ONa) ,/I W 14 e- N c - NrrrN m H I. I"' a a -aor z cs E 0 1 F aJz C CO 0 '' 0 Q Q Q + Q J • a) Li- a -- �W W W oca C.) a) .r a) a) C7 > > > m a O C .- 0 0 c o .� 7 0 N 4; 0 M C 0 CO + a 000 co CD CU C; U3 o0°a O co a° °a°m0 z 6J z_ z m C • �o� m ..- J cnJ w_ L )(03 O.— 2 0 w to w oa w La co ww•2�_8�0 aco0 ago amo m IU o as a)7 as . Qa�,m Z aH z0s-- Z �H a c o 6.cvoJ2UU o,M n W Q W o W e CO a E 3-=FEE °3rE m cl cam- a a 3 a 3 0]❑Z(DernZ cortI — > W 7_ Z 7 Z 1- r 1— T F T rNMerLIC01�000 °� 0 rr 0 0 ra'ry Q * Q Q a -155- m w . JJ1fJ�fgillJ JJJ O .-1O JO rrr riGNrnr G W rW rW m a a Q N W 5 O O co a a Q C%) N c "00 E 0 1_ F- H m U3 j -o r' G na G en y 0 m 5- i �a • o 2< off < • 2 °a X� � Y C1 Z 8 J z-- f z c J a) 2 W t0i 0 .Q _ 0 r O h- I- C I- • I- m I-- ,� •� �_ z o� m Z. E a m O Q 0 0 Q m O O 8.0ui C. 0 Z 7 H Z I- Z - k- C t ._ O C) V O 0 N N V v �� 0 < W O W C p� O c�0 0 a.E.c - JO JM al N of E t-- a"�i y ' a_Oi W a'1 W m ❑ZO∎r ZZo ibtti—❑ W !_Z >Z P. r I— r N Cri 4n cn i� D3 Q� o T D r © ' G A °ad ° °a1 -156- 0 8 a l !Il 'G m o • E e 0 • g � o E C 7 o co SR E a "2 ▪ r • sa .0 •# • N • m E1 = • CO PROJECT BUDGET ALLISON WASTEWATER TREATMENT PLANT NEW MECHANICAL BAR SCREEN FACILITY (Project No. 7417) October 19, 2010 FUNDS AVAILABLE: Wastewater CIP $1,800,000.00 FUNDS REQUIRED: Construction (J. S. Haren) (Base Bid + Add. Alt. Nos. 1, 2, 3) $1,199,500.00 Contingencies 119,950.00 Consultant Fees: Consultant - (Urban Engineering)... 147,620.00 Testing - (Geotechnical & Material Testing) 23,900.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin)... 32,986.25 Engineering Services (Project MgtfConstr Mgt/Traffic Mgt)... 41,982.50 Construction Observation Services (not included in Consultant Services).......... 41,982.50 Finance Issuance ............. 14,993.75 Misc. (Printing, Advertising, etc.) 5,997.50 Total...... $1,628,912.50 Estimated Project Budget Balance...... $171,087.50 H 111OMEWeImaP4GEMWASTEWATER47417 ALLISON WWTP NEW MECHANICAL BAR SCREENICONSTRUCTIONI6 AGENDA PROJECT BUDGET —157— EXHIBIT "E" Page 1 of 1 \Mproject \councilexhibits \exh 7417.dwg PROJECT SITE Allison WWTP RIVER HWY 44 LOCATION MAP NOT TO SCALE PROJECT # 7417 EXHIBIT "F" ALLISON WASTEWATER TREATMENT PLANT NEW MECHANICAL BAR SCREEN FACILITY CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 9 of 1 DATE: 10/19 /2010 gi VW 158 15 AGENDA MEMORANDUM City Council Action Date: October 19, 2010 SUBJECT: Robert Street Improvements — Gaines to Ocean Drive (BOND ISSUE 2008) Project No. 6492 / CIP No. ST 36 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Grace Paving and Construction Inc. of Corpus Christi, Texas, in the amount of $1,047,037 for Robert Street from Gaines to Ocean Drive. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. This project includes the reconstruction of Robert Street from Gaines to Ocean Drive. This section of Robert Street runs adjacent to Seaside Memorial Park and provides access to the park and to Ocean Drive. The improvements will include a three -lane roadway with two travel lanes and a continuous left- turn lane. Other improvements include: curb and gutter, sidewalks, underground storm sewer, water, wastewater and new street lighting. The contract has bid and Council approval is required for the construction to commence. FUNDING: Funding is available from the Streets, Storm Water, Water and Wastewater Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services 826 -3781 petea n (acctexa s. com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Agenda Background Information Prior Project Actions Bid Tabulation Project Budget Consultant's Letter of Recommendation Location Map H: HOMElRachelielGEA11Streets16492- Robert Street - Gaines to Ocean DrivelConStruction\Agenda Merno.dac —161— AGENDA BACKGROUND INFORMATION SUBJECT: Robert Street Improvements — Gaines to Ocean Drive (BOND ISSUE 2008) Project No. 64921 CIP No. ST 36 PROJECT DESCRIPTION: This project consists of the widening Robert Street from the intersection of Gaines to Ocean Drive. Construction includes 7,320 SY of HMAC pavement construction and associated striping; 3,400 LF of curb and gutter; 17,000 SF of concrete sidewalks; 9 concrete driveways; 8 curb ramps; traffic control; miscellaneous demolition; 8 concrete curb Inlets; 1,090 LF RCP storm water lines; and 2 storm water manholes. Wastewater improvements include: 750 LF 21" PVC wastewater gravity line, 1,060 LF 12" PVC wastewater gravity line, 10 LF 8" PVC wastewater gravity line, 4 fiberglass wastewater manholes, 2 brick manhole rehabilitations. Construction also includes: 4 fire hydrant assemblies, 5 reconnection of existing water service meters, and 720 SF of 8" concrete bus stop pad (including base material). BID INFORMATION: On September 15, 2010, the City received proposals from six bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $1,047,037 to $1,574,970. The estimated cost of construction is $1,205,000. BID RECOMMENDATION: The consultant, Naismith Engineering Inc. (NEI), has reviewed the information submitted by the low bidder, Grace Paving and Construction Inc. (see Exhibit "E" Consultant's Letter of Recommendation). NEI has verified the experience references provided by the contractor, which indicated that the contractor has the ability to perform the paving and utility work required to complete the project in a satisfactory manner. Therefore, City staff and the consultant, are recommending that the contract be awarded to Grace Paving and Construction of Corpus Christi, Texas, in the amount of $1,047,037. CONTRACT TERMS: The project is estimated to require 200 calendar days, with completion anticipated in June 2011. 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. H: 4HOMEtRachellelGEN4Streels16492- Robert Street- Gelnes to Ocean Drive{ConslruotionlAgenda Background,doc —1 6 2— EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Robert Street Improvements — Gaines to Ocean Drive (BOND ISSUE 2008) Project No. 64921 CIP No. ST 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. November 17, 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 $226,125 for Robert Street from Gaines to Ocean Drive. (BOND ISSUE 2008) (Motion No. 2009 -327) 4. December 15, 2009 - Ordinance approving the FY 2010 Capita! Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) 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. May 3, 2010 — Administrative approval of an Agreement for Geotechnical Engineering Testing Services with Rock Engineering and Testing Laboratory Inc. in the amount of $4,700 for Robert Street from Gaines to Ocean Drive. H: IHOMEIRachelle \GEN15treetsl6492- Robert Slroet- Gaines to Ocean DrivelCons rutifi \RTioi Project Actions- Band.doo EXHIBIT "B" Page 1 of 1 TABULATED BY: Arturo Acuna Jr., P.E. NAISMITH ENGINEERING INC. BID DATE: Wednesday, September 15, 2014 PROJECT BUDGET: $1,205,000 TIME OF COMPLETION: 200 Calendar Days ROBERT 51715)1 -GAINES TO OCEAN DRIVE Grace Paving S Carat, Haas-Anderson IBS Construction , BOND 2008 (CRY PROJECT NO. 8492) 4237 Baldwin Garrott Construction n Co. Bay rod. I Rey19k1 Mister 1402 Holly Rd 2410 eeveGrest PO Box 1028 1414 Corn products Rd Co ' us Christi. TX Co • s Christi, TX Co • a Christi, TX In 1901 tn. TX 1 ITEM 1 DESCRIPTION 1 QTY. 1 UNIT p UNIT PRICE 1 AMOUNT Ji UNIT PRICE J AMOUNT _ C. .usChrlsN.7X Mauston. TX PART A - STREET IMPROVEMENTS f I UNIT PRICE AMOUNT II UNIT PRICE AMOUNT if UNIT PRICE AMOUNT I1 UNIT PRIGS 1 AMOUNT Al SURFACE (2" TYPE D' HMAC) ' 7320 SY 512.00 587,840.00 9825 580,390,00 _ A2 SURFACE (2,5 " TYPE 'B'HMAC} - - 511.00 100,480.00 $15.30 110,166,00 11.00 580,520.00 914.00 102,480.00 7320 SY 544.00 5102,480.00 910,38 775,396.001 314.00 5102,.080.00 A3 SEAL COAT (ONE COURSE) 7320 $ $2.05 5110,006.00 §11.40 517,550.00 534.00 5322,280,00 _ 93.50 525,626.00 $2.00 514,640.00 5294 X1,520.80 §2,05 515,006.00 $2.4p 577,568.00 A4 PRIME COAT, MC-30 (0.15 GAL/SY) 1098 GAL $4.00 54,392.00 54.00 94,392.00 55.61 56,379.38 92.00 32,198.000 A5 7" CRUSHED LIMESTONE BASE 7690 �, 39,85 70,748.00 99.00 69,210.00 18.00 32,420.00 512.25 594,202.50 510.00 778,900.00 51029 579,130,10 5920 $70,748.00 5960 A6 GEOGRID, TENSAR TX5 7890 SY 92.80 $21.532.00 54.00 $30,780.00 969,210.00 518.00 3138,450.00 A7 EXCAVATION AND EMBANKMENT 53.78 529,06820 53.35 $25,767.50 33.18 524,454.20 95,88 108,760 06 7770 SY 58.50 568,045.00 r $7.90 961,383.00 571.50 389,355.00 59.90 576,923.00 .16 CURB AND GUTTER 3400 LF 31250 342,500.00 912.75 $43,350.00 510.00 $7'7,700.00 514.00 §106,780.00 A9 4" DASHED YELLOW PAVEMENT MARKINGS 513.82 546,988.00 551.15 546,240.00 517.00 357,800.00 516.00 954,400.00 508 LF - 51.00 5510,00 51.15 _ $575,08 50.95 5475,06 51.15 $575.00 31.09 5545.00 A10 4" SOLID YFILOW PAVEMENT MARKINGS 3160 LF 31.00 53,160.00 - 51.20 7740.00 A11 8" SOLID WHITE PAVEMENT MARKINGS 51.15 3 9450.00 $0.85 § 5370.00 $2.75 5 5460.00 47.09 5 5424.00 51.50 200 IF 52.00 9400,00 52.25 3450.00 94,740,00 Al2 72" SOLID YELLOW PAVEMENT MARKINGS 31.85 5370.00 52.30 $460.00 52.12 5424.00 _ 52.50 3580.08 - 55 LF 54.50 5247.50 55.10 $280.50 54.00 5220.00 95.20 3286.00 A13 PRE - FABRICATED WHITE DIRECTIONAL ARROW 14 EA 34,60 5254.00 60.00 5275.00 9250.00 $3,50061 3284.00 53,976.00 5300.00 54,200.00 528820 54,034.60 5256.00 53,584.90 A14 PREFABRICATED WHITE WORK "ONLY" 5 EA 5350,00 91,750.00 5398.00 51,990.00 5370.00 $1,840.00 A15 CONCRETE DRIVEWAY WITH TIED SIDEWALK 535060 17,121.09 $43320 19,047.75 §347.90 20,279.30 5370.00 17,969.00 2567 SF 55,45 913,990.15 35.95 915,273,65 36.67 $77,124.89 56.25 619,043.75 57.90 §20,279.30 A16 BLOCK SODDING 1452 SY 33.95 55,735.40 $4.55 $6,606.60 $4.57 56,635.64 910.35 515,021320 55.00 $7,260.00 57.00 557,980.00 A17 TRAFFIC CONTROL PLAN 00.00 30,000,0 1 1.5 910,000.06 510,800.88 541,000.00 911,000.00 530,749,91 530,749.51 92306605 923,888.05 550,000.00 350,00090 530000.007 330,000.00 616 SIDEWALK DEMOLITION 3000 SF 51.15 53,450.00 50.45 91,350.00 91.99 55,970.00 A19 OZONE ACTION DAY 51.50 54,500.00 _ 50,00 51,900,00 30.50 53,000.00 ^ 3 EA 51,200,00 93,600,88 51,200,00 53,600.08 91479.81 52,939.43 51,000.00 $ .01 93,000,00 9250,80 9751.00 31,000.00 53,000.00 620 CURB AND GUTTER DEMOLITION - 200 LF 55.00 91.000.00 53.40 5860.00 55.39^ 94,078,00 35.80 91,008,00 52.50 2500.00 53.00 3800.00 ' A21 DRIVEWAY DEMOLITION 3975 SF 01 51.15 $4,571.25 51.10 54,372.50 52.15 58,146,75 50.85 33,378.75 50.80 53,180.00 50.90 52365.00 622 FENCE REMOVAL AND REPLACEMENT .� - 55 LF 520.00 $10,960.00 $23.00 912,535.00, $21.11 311,504.95 521.90 941,935.50 526.00 915,260.00 - 22560 513,625.00 I A23 _ STREET SIGNAGE 11 EA 5450.00 $4,950.10 5650.00 37,150.00 3565.74 $6,223.14 5345.85 53,604.35 $900.00 58,800.00 5400.00 34,400.00 624 SOLAR POWERED ROAD SIDE FLASHING BEACON W)S1GN 3 EA 512,000,00 339,001,00 513,300.00 939,900,00 910,000.00 530,000.00 513,546.45 340,63935 513,000.00 339600.00 513,000,00 625 2" PVC (SCH. 40) ELECTRICAL CONDUIT 1743 LF 56.90 512,026.70 $10.00 917,420,00 56.50 511,329.50 539,000.00 626 PLASTIC PULL BOX WITH 3' GRAVEL BEDDING - 910.10 593.456,70 18.75• 315,25125 917,04 $29,631,08 3 EA 3450.00 51,350.00 51,135.00 93,405.00 5600,00 51,800 -00 31,152.90 93,458,70 31,200,06 93,50000 92,200.00 96,600.06 A27 MOBILIZATION 1 LS 320.000.00 520,000.06 3112,100.00 5112,100.00 5100,000.00 6100,000.00 965,943,05 365,943,05 _ 565,000.00_ 355,000.00 960,000.00 560,010.00 A28 DEMOBILIZATION 1 LS 310,000.00 510,000.001 51,000.00 31,000.00 53,572.84 93.572.94 32,305.80 52,30500 925,000.00 525,800.00 510,000.00 510,000.00 SUBTOTAL, PART A- STREET IMPROVEMENTS 5591,742.50 5914,519,25 5702,532.53 5661,844.90 PART B -ADA COMPLIANCE 5683,190.15 1 5799,446.00 91 CONCRETE SIDEWALK 17270 5F 33.50 560,445.00 54.10 570,807.00 93.93 $67,671.10 _ V H2 CONCRETE CURB RAMPS 8 511 _ 9975.00 57.800 .00 57,100.00 98,888.80 91,430,95 $11,847.88 53.40 §58,718,41 - 3420 - 572,534.00 55,50 594,985 -00 63 4" BROKEN YELLOW PAVEMENT MARKING - _ _ 5751.50 _ 96,046,40 _ 51,400.05 911,200.01 91,250,00 510,000.00 218 LF 31.00 5216.00 51.15 $2451.40 30.95 5205.20 51.15 5248.40 91.05 5226.80 51,25. 5270.00 64 TYPE '0' CROSSWALK STRIPING & STOP BAR (249 400 LF 510.00 34,000.00 311.35 54,540.00 310.00 $4,000.00 511.55 34,620.00 510.00 54,000 .00 511.00 $4.400 .00 05 TYPE 'C' CROSSWALK STRIPING & STOP BAR (12') 501 LF 55.00 52.500.00 55.70 52,850.00 56.53 93,265,00 ^ 35.75 32,675.00, $5.00 52,50060 55.50 92,750.00 SUBTOTAL, PART B - ADA COMPLIANCE 374,987.90 567,245.40 986,786.90 57251760 590,460.80 9112,465A0 _ PART C - STORM WATER IMPROVEMENTS C1 STD. 5' CURB INLET 8 EA 52,300.00 518,400.00 52,275.00 516,200.00 52,807.32 322,458.56 52,307.01 318, 456.00 53,200.00 525,60060 52,800.00 522400.00 02 CURB INLET EXTENSION 8 EA 51,200.00 59,600.00 5570.00 54,560.00 51,425.11 511,400.88 $913.15 67,305.2. C3 24' REINFORCED CONCRETE PIPE 486 LF 559000 43,740.0! 5 9100.00 48,000.00 552.30 630,375.00 672.00 534,992,00 054.90 528,681.40 563.00 530,678,00 59000 543,740.00 _ 5506,00 _ 548,600.00 C4 18" REINFORCED CONCRETE PIPE 596 LF _ 557.00 934,08660 $47.00 528,106,00 548.77 529,164.46 G5 TYPE'A' STORMWATER MANHOLE 130.70 456271.40 570.00 311,000,01 500,00 559,000.0 0 2 EA 32,499.00 $4,996.00` 53,00060 36,000.00 ¢7,522,92 59,045.84 53,135.70 36,271.4. §5,500.00 E1f,000.00 _ 94,500,18 59,000,80 C6 STORMWATER PIPE DEMOLITION 475 LF 510.00 54,750.00 37.40 $3,515.00 31624 57,714.00 C7 INLET DEMOLITION 461.40 5,444... 91090 33,00.00 20.00 $450.0. 4 EA 5451.00 51,801.06 5225.00 5900.00 5833.44 52,533.76 9481,44 911,844.00 3900.00 93,56 5 01,00 5120.00 $480... CB TRENCH SAFETY FOR STORMWATER 1084 LF 54.00 54,336.00 81.00 54,084,00 96.61 57,165.24 09 SILT FENCE - - 9260 5 9553 . 52.30 52,125.01 52.50 9 5625.00 250 LF 57.00 51.750.00 93.40 5850.00 $5.0.1 37.260.00 52.60 5650.•• 58.50 52,125.00 m 010 ALLOWANCE FOR UNANTICIPATED UTILITY ADJUSTMENTS 1 00.00 9000.0. MI 95, 000.10 55001.00 F 95,000.00 35,00060 95.000.00 35.000.00 $5,000,00 55.001.00 75,000.00 _ 95,000.00 35,000.00 35.000..+ al = " SUBTOTAL, PART C • -STORM WATER IMPROVEMENTS _ 3115,095,00 9703,287.00 7122,424.14 5106,312.00 CD $148,193.20 ` i148,efi9.00 O to 0 EXHIBIT "C" Page 1 of 2 822 0 xg r = 88 8 {y a {_ M $8 °0 8 8 008 $ °00 °08 °0 a N am9 a N m p w m i N N n g N 8$8$8888 2'88886 8 pppp S pp p �{ �{p� 88 N m S C . (°(..�� R w . v u�n� Nq$ H VJm p w W M p 8 w8 N 8 08 N p p 8 p $ 8 0 lelf9 8 N 8 0 N M N 88 8a ° 111;71. 8 8 p pp C. Q Y • m w w O m e s 0N$ mRs 0 O 8 a0 0 §w P 8 qfM w n 82 gsf Pa 0 0° 0 w rw 88888888888188888 gg°oggoog$ggg w w w{ w m a ca w a*A N 0 w M N w 8 F.882888888'8888 wg82§Roaog gg2 pp o � N w y N a Nw 84 rig 8 8 $ 8 2 8 8 H 0 w 0 w 49 SSA 47;47. SS W 4 88 Rg Ng r w N 0 M $ 8 oz P ta Ill la co 5 o D w g 8ff m ED ffs 00 mm IA w $'4 4 4888888'8888 ot�ppNuN{yi Ag, � rr2 N 4 om P N N OAp r f� Y 6 w w 2 ro sn a q ai a w w ' � p6p q p Nq N n uJ E N ti C W V E 4 w y p 4 h 14'8 w W $348“888 8s mm N w a89 N 8 ° 8 H 8 8 w VAR O g N 8 W$ °d ea E n . O N p a N r 8wnwwe $ $ 8 I M mm w 8 M 8 M 8 8 H 8 ° 8 w 8 2'8 8 p N ° ° g N A w O dg .9 88888g888oa8K d 0 SS e o d n 0 5 w n$ w �Op A b v°� m h H 0 N e9 p w Y r ca w 81.-; 00 88, 88 g °8 8 8 8J 88 8 °° em I m 0 eo 0i 0 a"gaswn wwaaa- ° aa�i a w w 8 10 m. nm n g ' w u� o 0 0 g g m" �y gr N H ca p 8 8° 8 w 8 N 0 8. 8 m 8 N co 0 N 0 8 w 0 8 8 8 8 N 8 0 0 0 h 0 ry0 N a v 4 8 0 8 w a 8 0 8 N 8 N 8 w 0 r 14 A tlF N VD 69 a Z22 8 488 �p g w P • N. Q g O $'^ 48.." 11,574,970.00 p 8 a 58 42 i � m w N m 10 N 0 0 ri N m N a 0 N rff N 8 w '8 8 882 8 m -o N N N O M a v., 8 n 8-; a8 'a a 8 N 8 o $ ° "-80 m � 8 8 b 7 m w w 0 X516,66 65656 N v r r r 00 Z 6. 8g 88sos00 00 00 v 6 m 0 6 M 6 m Z 8 0 11 G w Z 09 6 00 0a rn a 4 8 8 N w' 8 8 8 2 N G! W w W N LL LL -165- f y• Fy i g • a a a UVZ g g Vi W 0 g 0 4 Z o 0 a < 0'0 00 W LI. $1,047,037.00 TOTAL BASE BID EXHIBIT "C" Page 2 of 2 FUNDS AVAILABLE: Streets CIP (Bond 2008) Storm Water CIP Wastewater CIP Water CIP PROJECT BUDGET ROBERT STREET IMPROVEMENTS GAINES TO OCEAN DRIVE (BOND ISSUE 2008) Project No. 6492 October 19, 2010 $1,000,000.00 $600,000.00 $200,000.00 $400,000.00 TOTAL $2,200,000.00 FUNDS REQUIRED: Construction (Grace Paving and Construction) $1,047,037.00 Contingencies $104,704.00 Consultant Fees: Consultant (Naismith Engineering Inc.) Geotechnical Testing (Rock Engineering) Materials Testing (Rock Engineering) - Estimated Reimbursements: Contract Administration (Contract PreparationlAward /Admin) Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) Construction Observation Services Finance Issuance Misc. (Printing, Advertising, etc.) $226,125.00 $4,700.00 $15,706.00 $23,558.00 $36,646.00 $36,646.00 $13,088.00 $5,235.00 TOTAL $1,513,445.00 ESTIMATED PROJECT BUDGET BALANCE $686,555.00 EXHIBIT "D" Page 1 of 1 NaismithEngineering,Inc ENGINEERING se ENVIRONMENTAL SURVEYING ESTABLISHED 1949 September 28, 2010 Over 60 Years of Engineering Excellence Mr. Pete Anaya, P.E. City of Corpus Christi Department of Engineering Services P.O. Box 9277 Corpus Christi TX 78469 -9277 Re: Award Recommendation Robert Street — Gaines to Ocean Drive Bond 2008, Project No. 6492 Dear Mr. Anaya: Bids were opened for the above referenced project on Wednesday, September 15, 2010. A total of six (6) bids were received for the referenced project. In accordance with the City of Corpus Christi's policy, a request was made to the three (3) lowest bidders to submit data outlined in sections A -28, A -29, and A -30 of the Special Provisions. Attached is the information provided by Grace Paving and Haas - Anderson. NEI has reviewed the information submitted by the low bidder (Grace Paving and Construction, Inc.) and have verified the experience references provided by them. While we have concerns with their lack of experience on projects of this scale; positive discussions with their references indicate they have the ability to perform the various components (paving and utility work) required to complete the project in a satisfactory manner. It is our opinion that the low bid is a fair and reasonable cost for the value of work to be constructed. We hereby recommend award of the contract to Grace Paving and Construction, Inc. in the amount of $1,047,037.00. The contract requires construction to be completed within 200 calendar days after notice to proceed has been issued. Attached for your record is the bid tabulation for the project. Should you have any questions or require any additional information, please do not hesitate to call on us. Very truly yours, N 1 (SMITH ENG EERING, INC. TB E Fir Reg' -1 ration No. F- 000355 Arturo Acuna Jr., P.E. Project Engineer Enci. X:8283\Award Recommendatfon.doc 4501 Goilihar Road. Corpus Christ, TX 78411 • 800- 677 -2831 361 - 814 -9900 Fax 361 -814 -4401 U naismith- engineering.com -167- EXHIBIT "E" Page 1 of 1 \ Mproject \councllexhibits\exh8492. dwg LOCATION MAP NOT TO SCALE PROJECT #6492 VICINITY MAP NOT TO SCALE EXHIBIT ROBERT STREET FROM GAINES TO OCEAN DRIVE (BOND ISSUE 2008) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09/27/2010 -- -168- W IX 0 Z a LU V 0 0 H VI LU Z ROBERT STREET - FROM GA BOND 2008 (Project No. 6492) Background Project Location Project Scope w w s u N .1-1 u w •, 0 A: 0 V u au • 0 a 2 OA a i 3 .., w _ w (o i V •i a) 43 C13 O 72 CO a •— O i 2 o ca cu 7 a) ._ (Ni 0 co • a) - () t � � O ca 1 co ▪ • — 0 ?� W .� imi c w ca . v cal .O V) V) a) W i %d > ' v nri �� N -D Q O ._ > .. v13 co •i E u o -06 a, >. co > (.,„ › co c `�30 c W v owns. H -0 -o . (z (c u4, ‘,? E — =Q of i w coca _o co • a ▪ + co ci .9 . -0 u CC w w s u 4, i xs O W i V c -o<< a)a00 scacow 4-'13 CID w O .i-a W C13 v) -V N >.0 caste '0 Li" 3 3in bp c = ca w ca v, Q • • CU (Es 1 cu cu c.) of Ca 2 in W CU v H • L mac - fa 34. " O N c O EL" v 0 0 v O au01- v, CI) ca V) V) 0 c c c O ca ca caw E (I ' - a) ca •— 3 Ica 34- w in � w cr. cz • _.n.F- •• - .nDriv; 1 1- 0 U co 0 4-+ U 1 0 U co 0 4(2 ugr a) w constructed cu s Vf I1 0. E i 0 U c CO 4, i c 0 U w 4+ a 'o Q s 4, 4, 0 b0 3 0 s 0 co cu .N cu la ZS co cu s 00 42 0 co c co w 0 ZS co the north R.O.W. co cu ine between Gaines and Santa Fe wi CV r-I 0 CO ZS ca 0 Vf 0 I5 0 E I1 c0 I1 c ZS Mc cw • _ . > L D co c cu U 0 b0 c 0 co i w au Vf 0o b0 c • N au s 1- i V) V) CC Q 12 ■ CU • i co 0 _cu 2 4 O CI= 0 +.• (1) 3 s 3 V) CD V a� a: o w 12 cu s — in _ow ca E boos c i s a) o N a) I- CI. N +r — O •.� in ca cz a c c 1- O ._ •— s O it a c v co cU c r�-I cu V N O i ca c +r O •) u +, 3 •_ 0 •— O. t W •— ._ s *= ba W 'i C "0 cCIS 8'1;7 co >4 6 C a cu _ a cu au x 12 ca -- +•+ a •= au c p -0 c% 'ca 0 H cc u CC CD Z I. a I Reconstruct one RTA Bus Stop • • • • 69- $2,200,000.00 0 O O O O O O O 0 N LO O CO C7 Lri O O N- O O N- I` t CO 1. LO co t O N} O N 6} 69- 69- 69- 69- 69- O O U 2 L O O U O 0) O O (6 O a (-N1 0 a)) c 0_ F2 F2 a N a W O U — V) L E) N E % a) 0 Z O O cn cn U 0 0 Consultant Fees: a) (6 E U O) W O • •L O a- i O c C .0 a) C c a) a)W.O a) cca U) O W W 0 C 0) 0 E co U a O ) Z N �. U 1- 'O c6 - U (6 •N 0 Reimbursements: 0 ESTIMATED PROJECT BUDGET BALANCE Questions? 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 19, 2010 AGENDA ITEM: A. Resolution authorizing the City Manager or designee to execute an interlocal agreement with Nueces County regarding denial of vehicle registration pending resolution of outstanding red light camera civil penalty, with payment to County in the amount of $7.50 per registration issued. B. Resolution authorizing the City Manager or designee to execute an interlocal Agreement with Texas Department of Transportation ( "TxDOT") to flag vehicle registrations for nonpayment of red light camera civil penalties, with payment to TxDOT of $23.00 per computer file submission plus $.12 (twelve cents) for each transaction (inquiry, flag or clear) submitted to TxDOT. ISSUE: As of August 31, 2010, $2,317,324.11 represents the total amount owed on red light camera violations. Of this amount, $1,906,072.11 are for violations that are over 90 days past due (an increase of 17.5% from May 2010). Approximately 80% of this delinquent balance (or $1,510,374.61) is made up of vehicles registered in Nueces County. Transportation Code § 707.017 allows a county assessor - collector to refuse to register a motor vehicle alleged to have been involved in a violation of Chapter 707 of the Transportation Code where the owner of the motor vehicle is delinquent in the payment of a civil penalty imposed under Chapter 707. Cities may contract with TxDOT to "flag" motor vehicle records of such vehicles. Additionally, cities may also seek an agreement of cooperation with the county or counties in which they are located to confirm that they will agree to deny vehicle registration on their behalf. City stsaf is recommending entering into two agreements: one with Nueces County and one with TxDOT in an attempt to increase collection of unpaid, delinquent red light violations. PREVIOUS COUNCIL ACTION: May 25, 2010 - Presentation to the City Council on the Redlight Enforcement Program June 29, 2010 - City Council award of Contract to Linebarger Goggan Blair & Sampson, LLP CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolutions as presented. Attachments: Background information Constance P. Sanchez Interim Director of Financial Services phone: 826 -3227 e -mail: constancep @cctexas.com BACKGROUND INFORMATION As of May 31, 2010, there were $1,622,555 of unpaid red light camera violations that are 90 days and older. As of August 31, 2010, this amount grew to $1,906,072, an increase of 17.5 %. In an effort to aggressively pursue these delinquent fines, City staff is addressing the collection efforts for Red Light Camera violation in two parts: (1) vehicles registered in Nueces County; and (2) vehicles registered outside of Nueces County. For those vehicles registered in Nueces County (which is approximately 80% of the outstanding, delinquent balance), the City's goal is to have the violators' vehicle registration flagged for non- payment so that they would have to pay the violation before renewing their vehicle registration with Nueces County. In order to do so, two contracts need to be in place: one with Nueces County and one with the Texas Department of Transportation (TxDOT). The Nueces County Commissioners approved an interlocal agreement between the City of Corpus Christi and Nueces County at its October 13, 2010, Commissioners' Court meeting. The City would pay Nueces County $7.50 for each violation paid as a result of a flagged registration. The second agreement (the agreement with TxDOT) must be approved by the City Council prior to TxDOT executing the contract. City staff has worked out the details of the agreement with TxDOT, and the agreement will be signed by TxDOT upon approval by the City Council. The cost to the City would be $23.00 for each computer file submission plus $0.12 for each transaction (inquiry, flag, or clear) submitted to TxDOT. There are approximately 21,700 accounts with delinquent balances (over 90 days) regarding red light violations for vehicles registered in Nueces County. If all of these accounts are sent to TxDOT for flagging, the cost would be $23 plus $2,604 (21,700 accounts x $0.12). Once all the accounts are flagged, then the City would submit files to TxDOT at least monthly to release paid violations and to add new ones. We expect that the cost of subsequent monthly submissions would be significantly less since only new transactions would be transmitted. We are anticipating the return from paid violation would far outway the cost. Assuming that 50% of the initial accounts have moved or changed vehicle ownership and assuming that we collect 1112th of flagged registrations monthly, this would generate an additional $1,200,000 in revenue with a cost of approximately $90,000 to Nueces County. For the remaining 20% (or approximately $395,000), City staff contracted with Linebarger Goggan Blair & Sampson, LLP (i.e., the "law firm ") on June 29, 2010 for collections of these red light violations. City staffhas sent the aging reports (eliminating Nueces County cities) to the law firm, and we are currently working through the logistics of providing all the necessary data needed in order to send out collection letters. The last piece of information needed by the law firm (i.e., license plate numbers) will be made available once the interlocal agreement with TxDOT is approved by the City Council. At that point, the City will be able to release necessary information to the law firm so collection of delinquent red light violations can begin on vehicles registered outside of Nueces County. RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH NUECES COUNTY REGARDING DENIAL OF VEHICLE REGISTRATION PENDING RESOLUTION OF OUTSTANDING RED LIGHT CAMERA CIVIL PENALTY, WITH PAYMENT TO COUNTY IN THE AMOUNT OF $7.50 PER REGISTRATION ISSUED. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an lnterloca] Agreement with Nueces County to deny vehicle registration for nonpayment of red light camera civil penalty, with payment to Nueces County in the amount of $7.50 per vehicle registration issued after the vehicle owner resolves the outstanding red light camera civil penalty with the City. A copy of the Interlocal Agreement is on file with the Office of the City Secretary. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED: September t), 2010 Lisa Aguil. J ssistant City Attorney for City Att • rney THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of . 2010 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 STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF NUECES 1 This Agreement made and entered into this day of , 2010, by and between the County of Nueces, hereinafter referred to as "County ", with the agreement, consent, and participation of the Nueces County Tax Assessor - Collector, hereinafter referred to as the "County or County Tax Assessor- Collector", and the City of Corpus Christi, a Texas home -rule municipal corporation hereinafter referred to as "City ", under the authority and in accordance with the Interlace] Cooperation Act, as set out in Chapter 791, Texas Government Code, and as authorized by Texas Transportation Code, Chapter 707; WITNESSETH: WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, the County and the City are local governments as defined in Texas Government Code, Section 791.003(4), have the authority to enter into this agreement, and have each entered into this agreement by the action of its governing body in the appropriate manner prescribed by law; and WHEREAS, Transportation Code §707.017 allows a county assessor - collector to refuse to register a motor vehicle alleged to have been involved in a violation of Chapter 707 of the Transportation Code where the owner of the motor vehicle is delinquent in the payment of a civil penalty imposed under Chapter 707; and WHEREAS, such a consolidated effort in the effectuation of Texas transportation Code, Chapter 707, are in each party's best interest and that of the public and that this agreement will increase the effective and efficient functioning of each party; and WHEREAS, both the City and County represent to one another that each respective party has the authority to enter into this agreement and perform the obligations and duties stated herein; and WHEREAS, the County and the City specify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party. NOW THEREFORE, this contract is made and entered into by County and City in consideration of the aforementioned recitals and for the mutual consideration stated herein ( "The Agreement "): 1. PURPOSE OF AGREEMENT The purpose of the Agreement is to state the terms and conditions under which the County Tax Assessor - Collector will refuse to register or re- register certain motor vehicles when the County Tax Assessor - Collector receives information from the Texas Department of Transportation (the "Department ") motor vehicle registration system or notification on the registration renewal notice that the registered vehicle owner owes the City money for a civil penalty imposed under Chapter 707 of the Texas Transportation Code that is past due, as authorized and specifically set out under section 707.017 of the Texas Transportation Code. 2. DUTIES OF THE CITY 2.1 The City shall contract with Texas Department of Transportation ("Department" or "TxDOT ") to provide information to enable the County Tax Assessor - Collector to identify flagged vehicle owners to determine which vehicle owners owe the City money for a civil penalty imposed under Chapter 707 of the Texas Transportation Code that is past due. The City will comply with all provisions of the Texas Transportation Code as well as all other applicable laws of the State of Texas while in the performance of its duties and obligations under the Agreement. 2.2 The vehicle owner shall be responsible to provide documentation to the County in the form of a paid receipt from the City's red light camera vendor that the civil penalty has been resolved with the City. 2.3 The City shall provide to the County instruction sheets in a form acceptable to the County to distribute to flagged motor vehicle owners necessary to accomplish the purposes of this agreement. 2.4 The City shall provide a telephone number or the location of an office where individual inquiries and complaints can be made regarding denial of registration by the County Tax Assessor - Collector due to outstanding City civil penalties that are past due, as well as to explain the procedures necessary to resolve the issues so as to obtain valid registration. 2.5 The City shall identify, by name, address, and telephone number, an individual or individuals who shall have authority on behalf of the City to coordinate, direct and supervise the Agreement. 2.6 The City shall pay the County seven dollars and fifty cents ($7.50) for each flagged vehicle registration issued or renewed by the County in which the vehicle owner has paid or otherwise resolved the outstanding red light civil penalty with the City. 3. DUTIES OF THE COUNTY 3.1 The County Tax Assessor - Collector, and his subcontractors, shall: 3.1.1 Review the Department motor vehicle registration system for traffic violation flags for all individuals who attempt to register any vehicle without the three -part renewal form issued by the State of Texas. 3.1.2 Refuse to register or re- register all motor vehicles which are flagged in the Department of motor vehicle registration system or flagged on registration renewal notices as having outstanding civil penalties under Chapter 707 of the Transportation Code. 3.1.3 Distribute the instruction sheet to flagged motor vehicle owners that will explain the steps necessary to resolve their outstanding matters. 3 3.2 If all other vehicle registration requirements are met and the proper fee is paid the County Tax Assessor - Collector, and his subcontractors, shall register or re- register a motor vehicle upon receipt of documentation from the motor vehicle owner that the civil penalty is cleared pursuant to Section 2.2 above. 3.3 The County Tax Assessor - Collector shall ensure that its subcontractors follow these requirements regarding non - renewal of vehicle registration when the vehicle registration has been flagged for outstanding civil penalty to the City. 3.4 The County Tax Assessor - Collector shall present on a monthly basis an itemized list to the City during the term of this Agreement providing the name, address, and license plate number of each flagged motor vehicle owner for which the County Tax Assessor - Collector completed a vehicle registration or re- registration. The amount owed to the County will be paid without demand within 30 days of receipt of the itemized list. 4. TERM AND TERMINATION This Interlocal Agreement shall have one year term and shall be effective upon its date of execution by the last party to execute the Agreement. The agreement shall automatically renew for successive one -year terms. This agreement may be terminated at any time by either party upon sixty (60) days written notice to the other parties. 5. NOTICE Official notice shall be by written notice and delivery to all of the parties to this Agreement. Delivery shall be fax or deposit in the United States Postal Service, first class, return receipt requested to: TO THE COUNTY JUDGE: WITH COPY TO TO THE COUNTY TAX ASSESSOR - COLLECTOR: TO THE CITY: County Judge Nueces County Courthouse 901 Leopard, Rm 303 Corpus Christi, Texas 78401 Ramiro R. Canales, CTA Nueces County Tax Assessor - Collector Nueces County Courthouse 901 Leopard, Rm 301 Corpus Christi, Texas 78401 The City of Corpus Christi Finance Director P.O. Box 9277 Corpus Christi, Texas 78469 -9277 The City of Corpus Christi City Attorney's Office P.O. Box 9277 Corpus Christi, Texas 78469 -9277 6. INDEMNIFICATION County and City agree that both County and City shall each be responsible for their own negligent acts or omissions or other tortuous conduct in the courts of performance of this Agreement, without waiving any sovereign governmental immunity available to either County or City under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. 7. FISCAL FUNDING Notwithstanding anything to the contrary herein, this Agreement is expressly contingent upon the availability of County funding for each item and obligation contained herein. City shall have no right of action against the County as regards this Agreement, specifically including any funding by County of this Agreement in the event that the County is unable to fulfill its obligations under this Agreement as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure of any funding party to budget or authorize funding for this during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the County at its sole discretion, may provide funds from a separate source or terminate this Agreement. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. Notwithstanding anything to the contrary herein, this Agreement is expressly contingent upon the availability of City Funding for each item and obligation contained herein, County shall have no right of action against the City as regards this Agreement, specifically including any funding by City of this Agreement in the event that the City is unable to fulfill its obligations under this Agreement as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this or failure of any funding party to budget or authorize funding for this Agreement during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the City, as its sole discretion, may provide funds from a separate source or terminate this Agreement. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. 8. VENUE Venue to enforce this Agreement shall lie exclusively in Nueces County, Texas, 9. NONDISCRIMINATION Parties to this Agreement shall not discriminate on the basis of race, color, national origin, sex, religion, age, disability, sexual orientation. 10. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto as herein provided. 5 11. SEVERABILITY If any provision of this Agreement shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. 12. DEFAULT/WAIVER/MITIGATION It is not a waiver of default if the non - defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or provided by law. 13. HEADINGS The titles which are used following the number of each paragraph are only for convenience in locating various provisions of this AGREEMENT and shall not be deemed to affect the interpretation or construction of such provision. 14. NUMBER AND GENDER Words of any gender used in this Agreement shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 15. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 16. REMEDIES This Agreement shall not considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 17. APPROVAL This agreement is expressly subject to and contingent upon formal approval by Nueces County Commissioners Court and by resolution of the respective City Council. IN WITNESS WHEREOF this Agreement has been executed on behalf of the County of Nueces and the City of Corus Christi in the manner provided by law. THE CITY OF CORPUS CHRISTI THE COUNTY OF NUECES By: By: `Angel R. Escobar Samuel L. Neal, Jr. City Manager County Judge Date: Date: —179-- ATTEST: ATTEST: By: By: Armando Chapa Diana T. Barrera City Secretary County Clerk APPROVED AS TO FORM: RECOMMENDED BY: By: By: Lisa Aguilar Assistant City Attorney For City Attorney -180- Ramiro R. Canaies, CTA Tax Assessor /Collector 6 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION ( "TXDOT ") TO FLAG VEHICLE REGISTRATIONS FOR NONPAYMENT OF RED LIGHT CAMERA CIVIL PENALTIES, WITH PAYMENT TO TXDOT OF $23.00 PER COMPUTER FILE SUBMISSION PLUS $.12 (TWELVE CENTS) FOR EACH TRANSACTION (INQUIRY, FLAG OR CLEAR) SUBMITTED TO TXDOT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an lnterlocal Agreement with Texas Department of Transportation to flag vehicle registration for nonpayment of red light camera civil penalty, with payment to TXDOT of $23.00 per computer file submission, plus twelve cents for each transaction (inquiry, flag or clear) submitted to TXDOT. A copy of the agreement is on file in the City Secretary's office. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary . Mayor APPROVED: September 13, 2010 Lisa Agull Assistant ity Attorney for City Attorney Corpus Christi, Texas of , 2010 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 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § INTERLOCAL AGREEMENT THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791. h CONTRACTING PARTIES: The Texas Department of Transportation (TxDOT) or ! r (Coca( Government) II. PURPOSE: Scofflaw Services contract for marking Texas Motor Vehicle Registration Records. III. STATEMENT OF SERVICESTO BE PERFORMED: TxDOT will undertake and carry out services described in Attachment A, Scope of Services. IV. CONTRACT PAYMENT: Contract payment shall conform to the provisions of Attachment B, Budget. V. TERM OF CONTRACT: This contract begins when fully executed by both parties and terminates on or when otherwise terminated as provided in Attachment C, Article 5 of this Agreement. VI. LEGAL AUTHORITY: THE PARTIES certify that the services provided under this contract are services that are properly within the legal authority of the Contracting Parties. TxDOT further certifies that it has the authority to perform the services by authority granted in Section 702.003 and in Section 707.017 of the Texas Transportation Code. The governing body, by resolution or ordinance, dated , has authorized the Local Government to obtain the services described in Attachment A. This contract incorporates the provisions of Attachment A, Scope of Services, Attachment 8, Budget, Attachment C, General Terms and Conditions, Attachment D, Resolution or Ordinance, Attachment E, Contact information, Attachment F, Account Information and Attachment 0, City Scofflaw Input Fife Requirements. e 1 0P Co yr., to By AUTHORIZED SIGNATURE (Name of Local Government) Date Kin5e I Sr-, �A r Approved as lo form: l a 0t. /l 3 TYPED OR PRINTED NAME AND TITLE Lisa Agu tar Title ''f Gk -,6 eyA/ Assistant Cit ftorney FOR THE STATE OF TEXAS.! For City Attorney Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Rebecca Davio, Ph.D. Director, Vehicle Titles and Registration Division Texas Department of Transportation City Scofflaw Page 1 of 8 —183— Date Revised 9105108 ATTACHMENT A Scope of Services TxDOT will: 1. On initial probes (inquiries) of data submissions received from the local government, generate an output file containing matching license plates. If no vehicle record is found, such factual information will be indicated on the output file together with the input data. Input and output files will be returned to the Local Government after completion of the computer run. 2. Place 'flags" on vehicle records based on data submissions received from Local Government containing "flag" request codes. A flagged record will cause: A. A "scofflaw" remark to be displayed on inquiry devices and point-of-sale workstations as part of the vehicle record when an inquiry is made on a "flagged" record. B. The printing of registration renewal notices with a "scofflaw" remark ( "City Scofflaw: Core. avns4c` (City Name) ".) so the Local Government may deny registration. Explanation on the back of the registration renewal notice form directs the registrant to the county tax office, or the municipal court in the indicated city. 3. Remove "flags" from vehicle records based on data submissions received from Local Government containing "clear" request codes. Local Government shall: 1. Provide data submissions to TxDOT via CD -ROMs or e-mail attachments in accordance with TxDOT specifications .(see Attachment G) for computer run of initial probes (inquiry), flags (marking) of vehicle records and clears (removal) of flags. 2. Label CD -ROMs externally with the type of run to be made ( "probe ", "flag" and/or "clear ") and the number of logical records. Note: Files containing probes must be exclusively probes. Files containing flags or clears can be exclusively flags or clears, or a combination of flags and clears. 3. Submit an application to establish the method of payment (see Attachment F), and establish account prior to submitting inquiries. City Scofflaw Page 2 af 8 —184— Revised 9/05/08 ATTACHMENT B Budget 1 The Local Government shall pay to TxDOT the amount of $23.00 per computer run (file submission) plus $.12 (twelve cents) for each transaction ( "probe ", "flag ", or "clear ") submitted to TxDOT. Payments shall be made to the following address: Texas Department of Transportation Vehicle Titles and Registration Division PO Box 5020 Austin, TX 78763 -5020 A. If the Local Government chooses to submit their input file via CD -ROM, the attached "Account Information" form must be completed, indicating that the Local Government wishes to establish a "Pay Upon Request" Account. The applicable payment shall be made each time a request to probe (search /inquiry), place or remove "flags" from motor vehicle records is submitted to TxDOT. B. As an alternative, if the Local Government chooses to send their input file as an e-mail attachment, the Account Information" form must be completed, indicating that the Local Government wishes to establish a non - interest bearing escrow account ( "Prepaid Account ") with TxDOT. Upon agreement between the Local Government and TxDOT and payment of applicable fees, as described below, TxDOT will establish an account in the name of the Local Government. Charges will be deducted from the escrow account until the balance of that account reaches the minimum required balance for the Local Government, as determined by TxDOT and provided herein. A deposit of at least $500.00 must be maintained In a non - interest bearing escrow account. This initial deposit is to cover estimated service use. The escrow account must be established with TxDOT prior to submission of probes (inquiries), or placing or removing "flags" from motor vehicle records for the Local Government. Payment of the deposit shall be made by check or warrant, payable to the "Texas Department of Transportation" and is due upon execution of this contract. The $500,00 minimum balance to be maintained in the escrow account may increase depending on established monthly usage by the Local Government. The Local Government may deposit additional funds into the escrow account in excess of the stated minimum balance. When it becomes necessary to increase the Local Government's escrow account minimum balance, as determined by TxDOT, the Local Government agrees to pay the sum in increments of $500.00. This additional funding is payable within fifteen (15) days from receipt of notification from TxDOT. TxDOT will provide a statement to the Local Government which indicates the remaining balance in the Local Government's escrow account. A statement will be provided by TxDOT each time a probe or a request to place or remove "flags" from motor vehicle records is submitted. If the balance in the non - interest bearing escrow account falls below the $500.00 minimum balance, TxDOT will suspend processing probes, or placing or removing "flags" from motor vehicle records for the Local Government until such time as a deposit is made by the Local Government, in an amount sufficient to increase the balance in the escrow account to the $500.00 minimum balance. City Scofflaw Page 3 of 8 —185— Revised 9/05108 ATTACHMENT C General Terms and Conditions Article 1. Amendments This contract may only be amended by written agreement executed by both parties before the contract is terminated. Article 2. Conflicts Between Agreements If the terms of this contract conflict with the terms of any other contract between the parties, the most recent contract shall prevail. Article 3. Disputes TxDOT shaft be responsible for the settlement of all contractual and administrative issues. Article 4. Ownership of Equipment Except to the extent that a specific provision of this contract states to the contrary, all equipment purchased by TxDOT under this contract shall be owned by TxDOT. Article 5. Termination This contract may be terminated by mutual written agreement, or 30 days after either party gives notice to the other party, whichever occurs first. Article 6. Gratuities Any person who is doing business with or who reasonably speaking may do business with TxDOT under this contract may not make any offer of benefits, gifts, or favors to employees of TxDOT. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Executive Director of the Texas Department of Transportation. Article 7. Responsibilities of the Parties Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party is responsible for its own acts and deeds and for those of its agents, servants, or employees. Article 8. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. Article 9. State Auditor's Provision The state auditor may conduct an audit or investigation of any entity receiving funds from TxDOT directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct art audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Article 10. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. City Scofflaw Page 4of8 —1 8 6— Revised 9/05f08 ATTACHMENT D Resolution or Ordinance On the day of , 20 , the City Council passed Resolution No. , hereinafter identified by reference, authorizing the City's participation in the Program. City Scofflaw Page 5 of 8 —187— Revised 9105/08 ATTACHMENT E Contact information Technical assistance regarding probes, placing and removing of "flags" from motor vehicle records or information regarding payments for your account may be obtained by contacting the Vehicle Titles and Registration Division, Technology Support Branch, at (512) 467 -5983 or (512) 465 -7950 (Monday through Friday 8:00 AM - 5:00 PM). City Scofflaw Page 6 of 8 —1 8 8— Revised 9/05/08 ATTACHMENT F ACCOUNT INFORMATION VEHICLE TITLES AND REGISTRATION DIVISION 4000 JACKSON AVENUE, AUSTIN, TEXAS 78739 -6007 PLEASE PRINT OR TYPE ATTN: (Name and Telephone Number of Person Responsible For Account) ATTENTION: (Name and Mailing Address of the Person Responsible for Sending and Receiving Piles.) E -MAIL ADDRESS: (For Output File Refurns By E- City Scofflaw Page 7 of 8 —1 8 9— Revised 9105/08 ATTACHMENT G CITY SCOFFLAW INPUT FILE REQUIREMENTS 1. There are three (3) processes available within the RTS CITY SCOFFLAW processing program. The available processes are as follows: A. 'P' — PROBE (inquiry) B. 'F' — FLAG (set CITY SCOFFLAW data) C. `C' - CLEAR (lift CITY SCOFFLAW data) 2. The following input file format is required to process any of the three (3) options available with the RTS CITY SCOFFLAW process: REG -YR . PLTNO DOCNO FILLER CODE TOTAL 4 bytes 7 bytes 17 bytes 51 bytes 1 byte 80 bytes Position 1-4 Position 5 -11 Position 12 -28 Position 29 -79 Position 80 /*License Registration Year /*License Plate Number / *Document Number / *City Optional Data (Data is returned on output file) / *P =Probe (inquiry) /*F =Flag (set SCOFFLAW) / *C =Clear (lift SCOFFLAW) NOTE: A 'P'robe request requires REG -YR (Registration Year), PLTNO (License Plate Number) and CODE. All other information is optional. Both 'F'lag or 'C'lear requests require DOCNO (Document Number) and CODE. All other information Is optional. City Scofflaw Page 8 of 8 —190— Revised 9/05/08 17 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: October 14, 2010 Motion to consider a request for an additional 180 -day extension of a Special Permit to April 14, 2011 to allow for a pet groom and boarding business, small dog and cat rescue shelter, and dog service and therapy /training facility, on property located at the southwest corner of Gadwell Street and Laguna Shores Road, in Case No. 0309 -01, Ross and Judith Sisson. This item was tabled at the October 13, 2010 City Council Meeting. ISSUE: The applicant, Judith Sisson, is requesting an additional 180 day time extension of their approved Special Permit to operate a small animal rescue center. Per Mrs. Sisson, due to inclement weather and flooding onsite, she has not been able to perform the construction required onsite to comply with the approved Special Permit; for this reason Mrs. Sisson is requesting additional time to come into compliance. The item was tabled at the advice of the City Attorney to allow for review of a "Rule 11 Agreement" related to this case. A copy of the Rule 11 agreement has been included as Exhibit F. Also attached is Exhibit G, a summary of the current status of the applicant's compliance with the Special Permit conditions. RECOMMENDATION: Staff recommends Denial of the Special Permit Extension. REQUIRED COUNCIL ACTION: Approve Staffs Recommendation to deny the time extension of the Special Permit. Juan Perales, r., P.E. Assistant Cit Manager Engineering & Development Services JohnnyP @cctexas.com (361) 826 -3828 Attachments: Exhibit A — Background Information Exhibit B -- Applicant's Letter Requesting a Time Extension on the Special Permit Exhibit C — Aral & Zoning Maps Exhibit D — Animal Control Report Exhibit E — Approved 2009 Special Permit Ordinance & Site Plan Exhibit F — Copy of Rule 11 Agreement filed in the County Court of Nueces County Exhibit G — Summary Status of the Special Permit Conditions NAPLN DIRIONARED11. PLANNING COMMIESION110 LC CCLSIE SON- COASTAL BEND SMALL BREED RES CNFD108-01 AGENDA MEMO SISSON EP EXTENSION OCTOBER t 2. 2010 —1 93— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: • January 12, 2004 Letter from Animal Care Manager Cherie Stuntz to Ms. Sisson indicating Small Breed Rescue is in violation of maximum number of animals permitted onsite. Ms. Sisson is permitted to keep 14 animals and yet possesses 100 at the time the letter is sent. Ms. Sisson is given 5 days to respond. February 12, 2004 Response received from Ms. Sisson, citing improvements and a reduction of the number of animals by 40. March 1, 2004 A/C inspects Coastal Bend Small Breed Rescue giving instructions to make repairs and installs proper shelter for animals, conduct proper cleaning and sanitation. Pictures taken March 8, 2004 Citations issued for violations of Animal Care and Waste disposal. March 11, 2004 Ms. Sisson writes letter cites mistreatment by Animal Care Services. March 11, 2004 Animal Care meets with the Health Department and Code Enforcement standards. April 6, 2004 Animal Care issues additional citations for same violations. April 6, 2004 Mr. Sisson cites unfairness by Animal Care Services. May 26, 2004, the City of Corpus Christi granted the applicant a Special Permit for the operation of a kennel /animal rescue facility (Ordinance No. 025773; SP04 -01). December 28, 2004, the City's Animal Care Services Department performed an inspection and it was determined that the animal shelter failed to meet the minimum standards set by the State of Texas. The City determined that that shelter was not up to standards and prevented the shelter from receiving any more animals, but allowed the shelter to continue adopting out the animals to good homes while the shelter attempted to bring the facility up to standards. An inspection was planned for the facility within 60 -90 days. March 27, 2006, Animal Care Services conducts an inspection pursuant to Rule 11 Agreement issued in County Court at Law Number Two. The inspection was unsatisfactory citing numerous violations. September 6, 2006, the Applicant received a Nueces County Court Order ordering the Applicant's property to be inspected by the City's Animal Care Services Department to determine whether the property met the standards and code requirements of the City's Animal Care Services Department. Upon meeting the requirements of the code, animals that were previously confiscated by the City EXHIBIT A PAGE 1 OF 3 ft FLN- DIRISHAREDI1. PLANNING COMMISSION12010 CCISISSOH- COASTAL BEND SMALL BREED RESCUE503D9 -01 COUNCIL AGENDA MEMO BACKGROUND INFORMATION OCTOBER 12, 2010.DOC —194— and placed in the care of PALS animal shelter would be returned. On September 7, 2006, the City once again inspected the property and issued an unsatisfactory rating for the shelter and the shelter did not meet the standards and applicable codes. On March 7, 2007, both parties appeared before the Nueces County Court for a hearing related to the case and, having reached an agreement, the case was dismissed by the court. On January 15, 2009 the applicant met with the City of Corpus Christi to discuss the non - compliant issues associated with the subject property. The applicant was informed that the special permit for the operation of a kennel /animal rescue facility had expired and therefore the applicant is not in compliance with the City's requirements. The Applicant was given 45 days from the time of inspection by Animal Control to complete the re- zoning application process. The Deadline date was set for March 9, 2009. On April 14, 2009 the City Council recommended denial of the applicant's request to rezone the property to an "1 -2" Light Industrial District. The City Council recommended approval of a Special Permit in lieu of the rezoning request, subject to a site plan for a pet groom /boarding business, small dog and cat rescue shelter, and dog service and therapy /training facility, along with 10 conditions. On March 15, 2010, the applicants requested a time extension to their approved Special Permit through the Development Services Department. On April, 13, 2010, City Council issued a 180 day time extension on the Special Permit. Development Services Staff and Animal Care Services have visited the site on several occasions since the issuance of the 180 day time extension. The last visit occurred on September 14, 2010. The staff accounts mention several issues involving: Drainage problems, stagnant water in dog enclosures, lack of dry food and fresh water, overcrowding, and potential vector issues arising. The Special Permit extension granted by City Council on April 13, 2010, will expire on Sunday, October 10, 2010. Staff will not act on the expiration of the Special Permit, pending Council's consideration of the extension request on October 12, 2010. 7 -15 -10 INSPECTION REPORT: Planning Division Findings: • No work done over the last year to construct new concrete slabs due to flooding onsite. • Driveway buildup of roofing material not an acceptable material for construction. + Since the site falls within a flood zone with no drainage onsite or for the surrounding area, proposed septic system use by the applicant onsite and is not recommended and is not conducive to the health and safety of the animals onsite. • Abandoned vehicles, appliances, and bulk trash onsite contribute to potential vertebrate and invertebrate vector -borne diseases. City Animal Control Department Findings: + Some kennels consist of cracked and unsealed concrete slabs with inadequate slopes to EXHIBIT A PAGE2OF3 H:1PLN- DIRISHARED51, PLANNING C0MMISSION12010 CCSSISSON- COASTAL BEND SMALL BREED RESCUE40309.O1 COUNCIL AGENDA MEMO BACKGROUND INFORMATION OCTOBER 12, 2010.DOC —195— prevent pooling of urine and feces, plywood floors in some kennels also trap eliminations and create a health hazard to the animals housed within the kennels. ❖ Dirt and sand is being used as flooring for some of the kennels onsite, making sanitation impossible. ❖ Some kennels rusted and need repair, temporary kennels need replacement. ❖ No shelter for horses onsite and insufficient overhead shelter for kenneled animals during periods of high heat, clean water was not available to horses and thickens. ❖ Insufficient drainage onsite to efficiently clean kennels and direct wastewater into an approved wastewater system, septic tank is not present onsite and is not recommended. ❖ High weeds onsite contribute to potential reptile and vermin health threats. 9 -14 -10 INSPECTION REPORT: Planning Division Findings: ❖ No work done to construct new concrete slabs due to current flooding onsite. • Driveway buildup flooded. ❖ Since the site falls within a flood zone with no drainage onsite or for the surrounding area, portions of proposed septic system installed, inoperative, and is not conducive to the health and safety of the animals onsite. • Abandoned vehicles, appliances, and bulk trash onsite contribute to potential vertebrate and invertebrate vector -borne diseases. City Animal Control Department Findings: •3 Some kennels still consist of cracked and unsealed concrete slabs with inadequate slopes to prevent pooling of urine and feces. ❖ Dirt and sand is still being used as flooring for some of the kennels onsite. ❖ Some kennels rusted and need repair, temporary kennels need replacement. ❖ No shelter for horses onsite and insufficient overhead shelter for kenneled animals during periods of high heat, clean water was not available to horses and chickens. ❖ Insufficient drainage onsite to efficiently clean kennels and direct wastewater into an approved wastewater system, septic tank is not present onsite and is not recommended. CONCLUSION: Staff recommends Denial of Special Permit Extension. Following the updated inspection report, Development Service and Animal Control Staff conclude the Applicant has failed to improve the site and correct the conditions that have led to the multiple violations and increased health hazards to the animals over the last two years under the approved Special Permit. Staff understands that the site itself has limitations imposed by the lack of drainage, and it is partially due to the physical conditions onsite that Staff has determined that the property is not conducive to the health of the animals and the use of the property as an animal rescue facility. Staff recommends denial of the applicant's request for an extension of the Special Permit. EXHIBIT A PAGE 3 OF 3 HAPLN- DIRISHARED41. PLANNING COMMISSION12010 CCISISSON- COASTAL BEND SMALL BREED RESCUE10309 -01 COUNCIL AGENDA MEMO BACKGROUND INFORMATION OCTOBER 12, 2010.DOC -196- Coastal Bend Small Breed Rescue Judi Sisson Executive Director Ross Sisson Treasurer Tony Hartwell Public Relations Dir. 3a- 'y 27-;r g c e.'e 2512 Laguna Shores Road Corpus Christi, TX 78418 361- 939 -9462 361- 816 -2693 Email: iudisisson@yahoo.com www.coastalbendrescue.oetfinder.com City of Corpus Christi Developmental Services - Planning Division 2406 Leopard Street Corpus Christi, TX In regards to: Extension of Special Permit To Whom It May Concern: September 7, 2010 Please be informed that the Coastal Bend Small Breed Rescue is requesting an extension of the Special Permit for Case 0309 -01, which was issued on April 14, 2009. The Coastal Bend Small Breed Rescue is under contract for construction project. The project consists of the concrete pad and kennel runs, in order to house the animals in our care properly. The septic contractor has been very busy and could not get to our job until now. We have obtained all the materials and they are sitting on site waiting for the weather to improve. We have all the permits and surveys for the septic system. The construction will begin on September 11, 2010 for the septic system and the concrete will follow right behind. We do not want to risk loosing the permit, Section 25 -5 A request to extend the time for which a special permit is valid must be submitted in writing to the Department of Planning prior to the expiration of the special permit. The fee for processing such request is published in the Development Services fee schedule, which is adopted under Chapter 14, Code of Ordinances. (Ordinance 23016, 07/29/97) (Ordinance 25454, 08/26/03) Please accept our request for the extension as the weather has presented some extenuating circumstances and we are going as quickly as we can under these constraints. Enclosed is a check for the $50.00 processing fee. Thanking you in advance. Respectful.l, yours Judith son Executive Director/President A DOG IS FOR LIFE — NOT JUST FOR CHRISTMAS SAVE A LIFE — ADOPT A PET —197— On 912009 Prepared Sy: SRR Department of Development Services APPLICANT'S REQUEST: SPECIAL PERMIT EXTENSION Subject Property Refer to Map 2a & 2b for Neighborhood Existing Land Use. Also available at www.cctexas.com 02/23/2008` - Prep „red Sy: SRR epartmentofDevelgpmeorSeI-t es CASE # 0309 -01 APPLICANTS REQUEST: SPECIAL PERMIT EXTENSION Im Eta Estate Residential - ER Low Density Res. - LDR Med Density Res. - MDR High Density Res. - HDR Mobile Home - MH Vacant - VAC Professional Office • PO Commercial - COM PL,; Light Industrial - Ll Heavy industrial - Hl Public Semi - Public - PSP Park Drainage Corridor - DC Conservation /Preservation - CP Water Map Scale: 1:2,400 2.b. SITE- EXISTING LAND USE m CASE # 0309 -01 3.b. SITE- FUTURE LAND USE Agricultural/Rural - AR - Tourist - TOR Estate Residential - ER ® Research /Business Park - RBP R: Low Density Res. - LDR Light industrial - LI Med Density Res. • MDR EA Heavy industrial - HI High Density Res. - HDR aws Public Seml- Public - PSP Mobile Home - MH ® Park Vacant - VAC FM Drainage Corridor - DC Professional Office • PO ZE2 Dredge Placement • DP Commercial • COM 0 Water Conservation /Preservation - CP E1/21 Transportation Plan Existing Proposed Arterials Collectors immeziat Expressways Be NW Parkway E Railroad WARMI A }IA M0 ®0 Map Scale: 1:2,400 11 LOCATION MAP] �;';i 3 ?� ''1.:41, _;:1,'10 7. CASE # 0309 -01 APPLICANT'S REQUEST: SPECIAL PERMIT EXTENSION Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas.com 4. SITE- 2007 AERIAL c'yo qel pyo LAGUNA.MADRE SUBJECT PROPERTY f a 1 s 7.7.7.7... City of Christi City of Corpus = Christi r Corpus Christi Animal Care Service Center 2626 Holly Corpus Christi, Texas 78415 361 -826 -4630 Fax: 361- 826 -4611 Mrs. Judith Sisson Executive Director Coastal Bend Small Breed Rescue 2502 — 2512 Laguna Shores Corpus Christi, Texas 78418 September 14, 2010 Animal Control and Development Services Inspection Findings Coastal Bend Small Breed Rescue Facility on site visit April 2, 2010 April 24, 2009, July 15, 2010 and on site visit September 14,2010 Ordinance Conditions and On Site Notes & Comments Mrs. Sisson on September 14, 2010 at 10:00 am, ACO I Kennel Supervisor Janet Schenzel along with Development Services Planning Technician Wes Vardeman arrived at Coastal Bend Small Breed Rescue to conduct a joint inspection. Below is an outline of the current findings. We have also included in this report the findings from the previous inspection conducted April 24, 2009 at 10:30 a.m., April 2, 2010 at 10:00a.m., July 15, 2010 at 10:00a.m, and September 14, 2010 at 10:00a.m.. You may contact Animal Care Services and or the office of Development Services if you have any questions. The Special Permit Extension Expiration date is Sunday, October 10, 2010. The next on site progress evaluation shall be conducted on or about the 90th day. It is tentatively scheduled for Monday, October 4, 2010. Our divisions will contact you in advance to coordinate a meeting date and time. The Ordinance Observations Abatement Re • uirements Section 2 A. Uses April 24, 2009 April 24, 2009 The only use authorized by this Special Permit other than those uses permitted by right in a "B- 2" Bayfront Business District is a pet groom /boarding business, Not currently being utilized as a Therapy/ Training Facility. Not currently in compliance with Animal Control Regulations as a shelter. April 2, 2010 Must come into compliance with Animal Control Regulations. Animal Control Ordinance. (See attachment #1) Animal Control / Devel. Services Recommendation _April 22010 small dog and cat rescue shelter and dog service and therapy/ training facility. All activities must be conducted in accordance with the City of Corpus Christi Animal Control Regulations. Not currently being utilized as a Therapy/ Training Facility. Not currently in compliance with Animal Control Regulations as a shelter. July 15, 2010 Not currently being utilized as a Therapy/ Training Facility. Not currently in compliance with Animal Control Regulations as a shelter. September 14, 2010 Not currently being utilized as a Therapy/ Training Facility. Not currently in compliance with Animal Control Regulations as a shelter. Must come into compliance with Animal Control Regulations. Animal Control Ordinance. July 15, 2010 Must come into compliance with Animal Control Regulations. Animal Control Ordinance September 14, 2010 Must come into compliance with Animal Control Regulations. Animal Control Ordinance Section 2 B. Animals The pet groom/ boarding business, small dog and cat rescue shelter and dog service and therapy/ training facility shall be limited to no more than 103 (8 rabbits, 18 cats, 50 dogs, 27 chickens or 3 turkeys or a combination thereof). April 24, 2009 The total number of animals are in excess of the 103 agreed upon in the Ordinance / Special Permit. April 2, 2010 The total number of animals was 78, which was in the limit of 103. July 15,2010 The total number of animals is an approximation. Dogs, cats, guinea hen, and horses were the unchanged. Chickens were running loose and could not get an accurate count on them. Facility is still within the limit of 103. September 14, 2010 The total number of animals is an approximation. I did not see any rabbitg nr turkeys April 24, 2009 Must reduce number of animals kept. Animal Control / Devel. Services Recommendation April 2, 2010 Within allowed number of permissible animals. July 15, 2010 Facility within the allowed number of permissible animals. September 14,2010 Facility within the allowed number of permissible animals. on this visit. Cats and chickens were running loose. I counted 36 dogs. Section 2 C. Prohibited Animals Large animals, including but not limited to cattle, emus, llamas and swine. April 24, 2009 Two horses are present on the Shelter property. April 2, 2010 Two horses are present on the Shelter property. July 15, 2010 Two horses are present on the Shelter property. September 14, 2010 Two horses are present on the Shelter property April 24,2009 Recommendation is for Coastal Bend Small Breed Rescue to construct a fence to divide the Shelter property from Mrs. Sisson's residential property. Mrs. Sisson will confine her personal horses on her personal property. Animal Control Recommendation April 2, 2010 Recommendation is for Coastal Bend Small Breed Rescue to construct a fence to divide the Shelter property from Mrs. Sisson's residential property. Mrs. Sisson will confine her personal horses on her personal property. Animal Control Recommendation July 15, 2010 Recommendation is for Coastal Bend Small Breed Rescue to construct a fence to divide the Shelter property from Mrs. Sisson's residential property. Mrs. Sisson will confine her personal horses on her personal property. Animal Control Recommendation September 14,2010 Recommendation is for Coastal Bend Small Breed Rescue to construct a fence to divide the Shelter property from Mrs. Sisson's residential property. Mrs. Sisson will confine her personal horses on her personal property. Animal Control Recommendation Section 2 D. Slaughtering The slaughtering of animals on the property is prohibited. April 24, 2009 No slaughtering of animals observed. April 2, 2010 No slaughtering of animals observed. July 15, 2010 No slaughtering of animals observed. September 14, 2010 No slaughtering of animals observed. April 24, 2009 Protocol must continue to be maintained Animal Control / Devel. Services Reccomendation April 2, 2010 Protocol must continue to be maintained Animal Control / Devel. Services Reccomendation July 15, 2010 Protocol must continue to be maintained September 14, 2010 Protocol must continue to be maintained Animal Control / Devel. Services Reccomendation Section 2 E. Animal Waste In accordance with Chapter 6, Article VI, Section 6 -158 of the City Code of Ordinances, all animal waste must be collected on a daily basis and stored in a rat -proof and fly -tight container until the waste is properly disposed. April 24, 2009 Animal Waste is deposited into waste can with liner. The liner is tied closed after use and deposited into trash receptacle. Trash is collected twice weekly. April 2, 2010 Animal Waste is deposited into waste can with liner. The liner is tied closed after use and deposited into trash receptacle. Trash is collected twice weekly. April 24, 2009 Protocol must continue to be maintained under Sec. 6 -158. Animal Control / Devel. Services Recommendation April 2, 2010 Protocol must continue to be maintained under Sec. 6 -158. Animal Control / Devel. Services Recommendation Observed during this inspection was a 500 gallon septic tank to be utilized in the planning for handling animal waste from the planned kennel area. July 15,2010 Animal Waste is deposited into waste can with liner. The liner is tied closed after use and deposited into trash receptacle. Trash is collected twice weekly. Observed during this inspection was a 500 gallon septic tank, Was informed that this tank was the wrong tank, all the plumbing part ordered were wrong and that the right tank and parts had been ordered. This tank and original parts will be sent back. September 14,2010 Animal Waste is deposited into waste can with liner. The liner is tied closed after use and deposited into trash receptacle. Trash is collected twice weekly. The original 500 gallon septic tank that was on site has been removed and they were awaiting the arrival of the new tank. Coastal Bend Small Breed Rescue is recommended to contact the City Health Department for requirements prior to installation of a septic system. July 15, 2010 Protocol must continue to be maintained under Sec. 6 -158. September 14, 2010 Protocol must continue to be maintained under Sec. 6 -158. Animal Control / Devel. Services Recommendation Coastal Bend Small Breed Rescue is recommended to contact the City Health Department for requirements prior to installation of a septic system. Section 2 F. Feed Storage In accordance with Chapter 6, Article VI April 24, 2009 Animal feed is stored inside shoo 2 hiiding in_ April 24, 2009 Protocol must continue to be maintained under Sec. Section 6 -159 of the City Code of Ordinances, the storage of feed must be kept in rat proof, fly tight building, box, container or receptacle. sealed bags. Bags are stored on pallets keeping them off the ground. The building has closed windows and doors. Building has heat, A/C unit and fans. April 2, 2010 Animal feed is stored inside shop building in sealed bags. Bags are stored on pallets keeping them off the ground. The building has closed windows and doors. Building has heat, A/C unit and fans. July 15, 2010 Animal feed is stored inside shop building in sealed bags. Bags are stored on pallets keeping them off the ground. The building has closed windows and doors. Building has heat, A/C unit and fans. September 14, 2010 Animal feed is stored inside shop building in sealed bags. Bags are stored on pallets keeping them off the ground. The building has closed windows and doors. Building has heat, A/C unit and fans. 6 -159. Animal Control / Devel. Services Recommendation April 2, 2010 Protocol must continue to be maintained under Sec. 6 -159. Anima! Control / Devel. Services Recommendation July 15,2010 Protocol must continue to be maintained under Sec. 6 -159. September 14, 2010 Protocol must continue to be maintained under Sec. 6 -159. Animal Control / Devel. Services Recommendation Section 2 G. Pondinq Animal pens should be graded or covered so as to eliminate standing water in the pens. April 24, 2009 Current animal pens and stalls have cracked and broken slabs. Current design does not provide April 24. 2009 Recommended the removal of several existing concrete "former residential housing" slabs instead of leaving and proper drainage through sloping or grading. All pens do not have drainage into septic system. April 2, 2010 Current animal pens and stalls have cracked and broken slabs. Current design does not provide proper drainage through sloping or grading. All pens do not have drainage into septic system. July 15,2010 Current animal pens and stalls have cracked and broken slabs. Current design does not provide proper drainage through sloping or grading. All pens do not have drainage into septic system. September 14,2010 Current animal pens and stalls have cracked and broken slabs Current "topping" or "over laying" the proposed larger and properly drained slab proposed for the new facility. The new slab shall be designed in such a manner as to prevent the ponding within animal pens and stalls as referenced in Zoning Ordinance 028113. Also (See attachment #1) Animal Control / Devel. Services Recommendation April 2, 2010 Recommended the removal of several existing concrete "former residential housing" slabs instead of leaving and "topping" or "over laying" the proposed larger and properly drained slab proposed for the new facility. The new slab shall be designed in such a manner as to prevent the ponding within animal pens and stalls as referenced in Zoning Ordinance 028113. Also (See attachment #1) Animal Control / Devel. Services Recommendation July 15,2010 Recommended the removal of several existing concrete "former residential housing" slabs instead of leaving and "topping" or "over laying" the proposed larger and properly drained slab proposed for the new facility. The new slab shall be designed in such a manner as to prevent the ponding within animal pens and stalls as referenced in Zoning Ordinance 028113. September 14, 2010 Recommended the removal of several existing concrete "former residential housing" design does not provide proper drainage through sloping or grading. All pens do not have drainage into septic system. During this site visit, it did rain. This situation gave us the opportunity to see how much water pools on the current slabs, and that the dogs, food, and bedding gets wet. The only dry area for the dogs is on top of the dog houses, where many of them were standing. slabs instead of leaving and "topping" or "over laying" the proposed larger and properly drained slab proposed for the new facility. The new slab shall be designed in such a manner as to prevent the ponding within animal pens and stalls as referenced in Zoning Ordinance 028113. Section 2 H. Maintenance The property shall be kept in a neat appearance at all times. April 24, 2009 Accumulation of debris, miscellaneous materials, permanent and temporary structures, vehicles without current state inspection and registration were observed. April 2, 2010 Accumulation of debris, miscellaneous materials, permanent and temporary structures, vehicles without current state inspection and registration were observed. April 24, 2009 Recommend removal of miscellaneous debris and vehicles in and around the Sisson's property as well as recommend the replacement or repair of the structures previously mentioned. The concern was with compliance of Condition (H) as stated in Zoning Ordinance 028113. Also (See attachment #1) Animal Control / Devel. Services Recommendation April 2, 2010 Recommend removal of miscellaneous debris and vehicles in and around the Sisson's property as well as recommend the replacement or repair of the structures previously mentioned. The concern was with compliance of Condition (H) as stated in Zoning Ordinance 028113. Also (See attachment #1) July 15. 2010 Accumulation of debris, miscellaneous materials, permanent and temporary structures. Mowing was done on the front of the facility, but not in the back. September 14, 2010 Accumulation of debris, miscellaneous materials, permanent and temporary structures. Mowing was done on the front of the facility and some additional mowing was done in the back. With the light rain that occurred today, there was standing water and the driveway was impassable. This observation is not for the health of the animals, but conductive to mosquitoes and disease. Animal Control / Devei. Services Recommendation July 15, 2010 Recommend removal of miscellaneous debris and vehicles in and around the Sisson's property as well as recommend the replacement or repair of the structures previously mentioned. The concern was with compliance of Condition (H) as stated in Zoning Ordinance 028113. September 14, 2010 Recommend removal of miscellaneous debris and vehicles in and around the Sisson's property as well as recommend the replacement or repair of the structures previously mentioned. The concern was with compliance of Condition (H) as stated in Zoning Ordinance 028113. Secton 2 I. Platting Platting of lot 23 is required prior to the construction of any new building on the lot. April 24, 2009 Platting of lot 23 is required prior to the construction of any new building on the lot. There are existing water, waste water and gas lines. April 2, 2010 Platting of lot 23 is required prior to the construction of any new building on the lot. There are existing v t6r, waste Recommend the removal and /or capping of any obsolete or abandoned water, waste water, or gas lines that will not be used by the proposed new facility. Devel./ Svc. Recommendation April 2_, 2010 Recommend the removal and/or capping of any obsolete or abandoned water, waste water, or gas lines that will not be used by the proposed new facility. water and gas lines. July 15, 2010 Platting of lot 23 is required prior to the construction of any new building on the lot. There are existing water, waste water and gas lines. September 14, 2010 Platting of lot 23 is required prior to the construction of any new building on the lot. There are existing water, waste water and gas lines. Devel./ Svc. Recommendation July 15, 2010 Recommend the removal and /or capping of any obsolete or abandoned water, waste water, or gas lines that will not be used by the proposed new facility. September 14.2010 Recommend the removal and /or capping of any obsolete or abandoned water, waste water, or gas lines that will not be used by the proposed new facility. Devel./ Svc. Recommendation Section 2 J. Time Limit The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition A and in compliance with all other conditions. April 24, 2009 Inspection documents and photographs on Inspection date, April 24, 2009 identify the physical conditions at the time of adoption for Zoning Ordinance 028113, effective date, April 14, 2009 April 2. 2010 Inspection documents and photographs on Inspection date, April 2, 2010 identify the physical conditions at the time prior to the April 14th deadline. July 15, 2010 Inspection documents and photographs orli ection April 24.2009 The Special Condition shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in condition (A) and in compliance with all other conditions by April 14, 2010. Animal Control / Devel. Services Recommedation April 2, 2010 The Special Condition shall expire on April 14, 2010 which is one (1) year from the date of ordinance. At this time the property is not in compliance with conditions XCXCXC. Animal Control / Devel. Services Recommedation July 15,2010 The Special Condition shall expire on April 14, 2010 Attachment #1 (Applicable Animal Control Ordinance Sections) Sec. 6 -9. Compliance with chapter not relief from compliance with federal, state, and city laws, rules, and regulations. Sec. 6 -10. Inspection of animals and premises. Sec. 6 -11. Abatement of conditions not complying with chapter. Sec. 6 -12. Application omissions or falsifications. Sec. 6 -26. Application requirements. Sec. 6 -51. General provisions. Sec. 6 -52. Application. Sec. 6 -53. Term. Sec. 6 -54. Fees. Sec. 6 -56. Pertaining to kennels and stables. Sec. 6 -101. Restraint. Sec. 6 -102. Spaying /neutering required of cats. Sec. 6 -126. Rabies Vaccination. Sec. 6 -151. Humane animal care and keeping. Sec. 6 -154. Keeping of any livestock or fowl. Sec. 6 -158. Animal waste Sec. 6 -159. Storage of food; control of rats. Janet Schenzel ACO I Kennel Supervisor Wes Vardeman Development Services Planning Technician CC: Kelli F. Copeland Margie Rose Faryce Goode -Macon Annissa Garrett —212— date, July 15, 2010 identify which is one (1) year from the physical conditions at the the date of ordinance. At this time prior to the April 14, time the property is not in 2009 deadline. compliance with conditions XCXCXC. September 14, 2010 September 14, 2010 The Special Condition shall Inspection documents and expire on April 14, 2010 photographs on Inspection which is one (1) year from date, September 14, 2010 the date of ordinance. At this identify the physical time the property is not in conditions at the time prior compliance with conditions to the April 14, 2009 and the XCXCXC. October 10, 2010 deadline of the current extension. Attachment #1 (Applicable Animal Control Ordinance Sections) Sec. 6 -9. Compliance with chapter not relief from compliance with federal, state, and city laws, rules, and regulations. Sec. 6 -10. Inspection of animals and premises. Sec. 6 -11. Abatement of conditions not complying with chapter. Sec. 6 -12. Application omissions or falsifications. Sec. 6 -26. Application requirements. Sec. 6 -51. General provisions. Sec. 6 -52. Application. Sec. 6 -53. Term. Sec. 6 -54. Fees. Sec. 6 -56. Pertaining to kennels and stables. Sec. 6 -101. Restraint. Sec. 6 -102. Spaying /neutering required of cats. Sec. 6 -126. Rabies Vaccination. Sec. 6 -151. Humane animal care and keeping. Sec. 6 -154. Keeping of any livestock or fowl. Sec. 6 -158. Animal waste Sec. 6 -159. Storage of food; control of rats. Janet Schenzel ACO I Kennel Supervisor Wes Vardeman Development Services Planning Technician CC: Kelli F. Copeland Margie Rose Faryce Goode -Macon Annissa Garrett —212— AN ORDINANCE 028113 Pagel of 4 APR AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ROSS W. AND JUDITH A. SISSON, BY CHANGING THE ZONING MAP IN REFERENCE TO 1.4 ACRES OUT OF LOT 23, SECTION 54,' FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS,` tID GADWELL ADDITION, BLOCK 1, LOT 2, FROM "B -2" BAYFRONT:.. BUSINESS DISTRICT TO "B-2/SP" BAYFRONT BUSINESS DISTRICT WITH A .-SPECIAL PERMIT TO ALLOW FOR A PET GROOM /BOARDING BUSINESS, SMALL DOG AND CAT RESCUE SHELTER AND DOG SERVICE AND THERAPY/TRAINING FACILITY, SUBJECT TO A SITE PLAN AND TEN (10) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Ross w. and Judith A. Sisson, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 4, 2009, during a meeting of the Planning Commission, and on Tuesday, April 14, 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 this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 1.4 acres out of Lot 23, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, and Gadwell Addition, Block 1, Lot 2, located on the southwest corner of Gadwell Street and Laguna Shores Road, from "B -2" Bayfront Business District to "B -2 /SP" Bayfront Business District with a Special Permit to allow for a pet groom /boarding business, small dog and cat rescue shelter and dog service and therapy/training facility, subject to a site plan, attached, and ten (10) conditions. (Zoning Map 035029; 113 -05) (Exhibit A) (Site Plan attached as Exhibit B) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following ten (10) conditions: A. Uses: The only use authorized by this Special Permit other than those uses permitted Wig ht.i.n_a ".B -2" Bayfr-ont.B_usiness District is a.pet groom /boarding 0281.13 H 1LEG -DIR \Snared \LEGAL- DEV.SVCS',2009 Agenda14- 14101112.0309-01- Sisson E- 2- apecia! permit {lac Page 2 of 4 business, small dog and cat rescue shelter and dog service and therapy/training facility. All activities must be conducted in accordance with the City of Corpus Christi Animal Control Regulations. B. Animals: The pet groom /boarding business, small dog and cat rescue shelter and dog service and therapy/training facility shall be limited to no more than 103 (8 rabbits, 18 cats, 50 dogs, 27 chickens or 3 turkeys or a combination thereof). C. Prohibited Animals: Large animals, including but not limited to cattle, emus, llamas and swine. D. Slaughtering: The slaughtering of animals on the property is prohibited. E. Animal Waste: In accordance with Chapter 6, Article VI, Section 6 -158 of the City Code of Ordinances, all animal waste must be collected on a daily basis and stored in a rat -proof and fly -tight container until the waste is properly disposed. F. Feed Storage: In accordance with Chapter 6, Article VI, Section 6 -159 of the City Code of Ordinances, the storage of feed must be kept in a rat- proof, fly -tight building, box, container or receptacle. G. Ponding: Animal pens should be graded or covered so as to eliminate standing water in the pens. H. Maintenance: The property shall be kept in a neat appearance at all times. i. Platting: Platting of lot 23 is required prior to the construction of any new building on the lot. J. Time Limit: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition A and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict vtrith this ordinance are hereby expressly repealed. i-i 1 LEG- DIR\Shared \LEGAL- DEV.S\CSi200c Agendal 4- 141ORD- 211030P-07 S issar. B- 2- speccial perniit.dnc Page 3 of SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two ,regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 14th day of April, 2009. ATTEST: CITY OF C # ' PUS CHRISTI Armando Chapa City Secretary APPROVED: April 6, 2009 eborah Walther Brow Assistant City Attorney For City Attorney Henry arrett Mayor, City of rpus Christi H ;LEG-D1R \Shares \LEGAL -DEV SVCS'200G Anendot•1410RJ -y r-C Sissr;n B.2- special perm!,.doc Page4of4 Corpus Christi, Texas HI-1day 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 H .' Garre Mayor, City •f Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. - C e(J Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 028.113 . l iLEu- DIR∎SharediLEGAL- DEV.SVCS2UaF: AgendG14- >41ORD-zuninaC3.a,- DI =i- Stsser E 2- special permit doc 2i6— FLOUR ELUFQ•CNDOL. rl -EN 4 J .666 d FLAG 2 & FISHING CL 401 .dnJA B -2 L.•uR at-4F & , FROM: "B-2" TO: "B -2" I SP tt 13 . DRAFFLACE A6UA SrTJ _ i J J!':Z:-i: GUMM RtAa/ed&y:MR . Dominant CASE # 03091 EXHIBIT A: STAFF AND PLANNING COMMISSION RECOMMENDATION FROM: "B -2" TO: 'B -2" / SP ORDINANCE NO.: -217- :5 rn ' ,q5/2- i,efictat FLoug BLUFF 4 XM MID CAkPEIJ ECTIai 04 ' V. 516661.E 0 101 i GtiP]C. Q ilk PAP- r k � a u EXIT"rilT. ". ire•#"g 5 IT a i Pt , • t "PC' Cbua,1't .. t , i l l P & 4 4 r ,9- c9 / — 218 — w " . ;5 1 FINAL PLAT s 0� GADWELL ADDITION BLOCK I a LOT 2v CORPUS ;. NUECES COUNTY. TEXAS. • ---- r. 30' ARAl NAGS EASEMENT J4' P. Dirlvcvv f Eau, caw LAamot M4 are £ LOCATION NIAP , j tz 1m It Lot a .#47#4"7/01. 34 P9.12.5 NOW: o, PounA2zo2 PLROR SLEVATTON OP ANT NEA COHSTRUCrxo11 TO BE A MINIM OF 22 PEST ABM SEA I&i3'b. SECTIf, 9 a,f, . s d 6. �. w ..... IA% A PL 4143 NOTE: AVERAGE ELEVATION OF LOT 4.6 FEET ABOVE MEAN SEA LEVEL...—. LOT 1 Ac ICE Ibi.a, n�WComer, le/ .S`ec.$4, f. EPj P..B �.& G. TR. t .s57%Ec'W9110' .— �. LAGUNA SHORES ROAD _L. a � k N GRAPHIC SCALE FEET STATE OP TEXAS: comm OF RUPEES: This final plat Any private rater supply end or to instel3Etion. STATE 0P TEXAS; COUNTY OP NU9CES: This final plat of the heroin described property approved by she Director, Department of bnginuor;.o Fl,lr.l.er..i e.nr.'lsr.nw,.w.. bye. 1r... n:...._ �r... er.,,,• r-,.,--!.. o�+ e.: r +;:r..-- _�.:,�— .:..�,r- ••..�,.- •-..•-- R,.-...:-- r. r ;�..:.Y:-- .....r_.......�...._ • • re. 24; l9 ei 3 0 20 LEG Being a traci more er lees, Flour Bluff 6 as described Page ISO of t Text's. Plot a Gorden Tracts 41 -43 of the STATE OF TEXA COUNTY 01' Noe Public Survey plat is true knowledge and from a survey 1974. Apr • STATE OF TEXA COUNTY OF NUE certify that embraced with BLOCK 1 11.07 'Faxes; that I subdivided es on said foreg use forever; hereon are de installation, utilities; th impasse of d This the 21st STATE OF TEXA COUNTY OF NUE authority, on Troy Wile. " name aka• subsc: writing, end the sass for therein supra This the 21st Notary A of CADWELL APPFTION,EILOCN, I, LOT 2, approved by the Corpus Christi Nooses County It sewerage system shall be approved by the Corpus Christi- Hosces County Health Deports, Dated the 4.1221. day of JteAy , 39 Public �Ct Bnglmosr, Corpus Cs ee Wens County, Tones. —219— (J.:369 / Legal Description: Being a pertion of Lot No. 23 in Section No. 54 of the Flour Bluff and Encinal Farm and Carden Tracts, as shown by the map or plat: thereof recorded in Volume "A", pages 41 to 43, both inclusive, of the Map Records, Nueces County, Texas, to which reference is here made for all pertinent purposes, said trace. being more particularly described by mete and bounds as follows, BEGINNING at the point of intersection of the Northwest boundary line of that certain tract of land conveyed by Wesley Ray Duncan, et ux to L. F. Brothers by Decd dated May 21, 1937, recorded in Volume 231, Page 3.32 of the Deed Records of Nueces County., Texas, and the Northeast boundary line of Lot No. 23 for the Nort.heask, cornet" of this tract, said corner bearing North 29 deg East a distance of 1320 feet and South 61 deg. Fast a distance of 3748 feet from the Southwest corner of said Section No. 54 of the Flour Bluff and Encinal Farm and Carden Tracts; N 1 � , THENCE, . I forth 61 deg. West along the aforementiepard Northeast boundary line of Lot No. 23, a distance of 44 feet •to a 5/8' iron rod in the same, being the Northwest corner of the aforementioned Lot No. 23, for the Northwest corner of this tract. THENCE, South 29 deg. West along the Northwest boundary line of Lot. No 23, pass a 5/8" iron rod at 39', in all a distance. of 136 feet to a 5/8" iron rod in the same, for the Southwest corner of this trace:.; the same being the Northwest corner of a tract of land in the name of James M. Alphin et ux; THENCE, South 61 deg. East along a line that is parallel to the Northeast boundary lineof the tract herein described, the same being the Northeast boundary line of said ,lames M. Alphin et ux Tract, a distance of 448 ,feat to a 5/8" iron rod in the Northwest boundary line of that i ertain tract of land conveyed by Wesley Ray Duncan et ux to L. F. Brothers by Deed dated May 21, 1937, recorded in Volume 231, Rage 132, of the Deed Records of Nuece , County, Texas, for the Southeast corner of this tract, Thence.; North 29 d:g. East along the Northwest boundary line of the said L. F. Brothers Tract, as aforementioned, pass a 5/8" iron rod at 97' in ail a distance of 136 ft,et to a 5 /8" on rod for the Place of Beginning. F 1'-- - 1r —220— 9F w7 1 F VIGOR S. MED NA 4 3419 rre i,tf:5 cent Aire ler /36 Roar( fl £ al NI a.a Gy ULNA *Hoge* OAP FLOM FLUFF 4 /MI MO & PEAt ECTtoil 64 • Pd. 3 r * *,ojJ DM Pig 1, auFeAt 5�a6 0�.%, a 4611 rei, 4.Z:4 Vjeki• -r0 -221- Of Xn.pfs? FR. g .. 09/05/2006 09:29 FAX 361 880 5718 FROM 03/23/2006 1.1 :27 FAX 361 180 5..d DONNELL & ABERNETHY J 002/004 FAX NO. :3618532150 Mar. 23 2006 11:4444 P2 now=LL A MSHFNErav s•� IN THE COUNTY COURT OF NUECES COUNTY, TEXAS THE COURT AT LAW NUMBER TWO JUDY SISSON AND § ROSS SISSON § PLAINTIFFS § VS. § CAUSE NO. 06-60233-2 CITY OF CORPUS CHRISTI AND § ROBERT SMITH, INDIVIDUALLY § ET AL. § DEFENDANTS § gliVaLimaiman TO THE HONORABLE JUDGE OF SAID COURT: Plaintiffs Judy Sisson and Ross Sisson and Defendants City of Corpus Christi and Robert Smith, Individually, agree to the following: 1. Fla:wif a will permit the inspection of their residence and ply by the Animal Care Service Division of Corpus Christi for the purpose of deteeminirg if said property meets applicable standards. Small Brad Rescue Shelter will also be inspected to determine if they meet applicable standards. 2. Said inspection to occur within 3 working days of 3- 23-06. 3. Many deficiencies are found, Plaintiff will be given written notice of said deficiencies and will have 10 days within which to correct said deficiencies, following which a repeat inspection will take place regarding the deficiencies. This also applies to Small Breed Rescue Shelter. 0002/003 1 4. Plaintiffs will not operate any shelter, boarding kennel, adoption shelter or the like on their property for themselr. r1 EXHIBIT F -o�= .6 9'4'1 N —222— 03/23/2006 THU 11:44 (TX /RX I10 183•f] 0002' UaIU5fLUUb UU:ZU MAX 351. $:SU a/15 VUffN1.'LL C' annmmr.' m uuo /uv* F7�[M FAX N7. :361E6321'SO Mar. 23 2006 11 :4481 P3 03/23/2006 11 :27 PAX 361.480 .118 DONsm. a AARRNE RX 11003/003 for any other entity without that obtaining the appropriate licenses and permits required by law. 5. Upon meeting code requirements pursuant to 1, 2, 3 and 4 above; the City will deliver those dogs now housed at PALS Animal Shelter as follows. a. 6 dogs to Judy and Ross Sisson, which dogs will be deemed their personal pets which will be vaccinated end registered yearly. b. The balance albs animals now housed at PALS Animal Shelter will be delivered to the Small Breed Rescue Shelter upon fly passing inspection by Animal Care Service Division for boarding and/or adoption. Pending reapplication for zoning permit by Small Breed Animal Shelter, said animals will be fostered out to individuals whose name, address, and phone numbers will be provided to the Animal Care Services along with the name and type of dog going to each individual. Plaintiff will relinquish all nights, title or ownership ofthese 6. Plaintiffs will pay to the City of Corpus Christi the sum of 5250.00 previously �dored by this Court. Eric Perim and Ross ey for Judy Sisson O AT YWNI lc I,I►$ye! v. CGIillip R*IR 11 ApiLdut EXHIBIT F -223- liam A. for the City of Robert Smith f 03/23/2006 THU 11:44 (TX /RX HO 7632] 01003 Current Status of Applicant's Compliance Special Permit (Ordinance No. 028113) Page 1 CURRENT STATUS OF APPLICANT'S COMPLIANCE WITH SPECIAL PERMIT CONDITIONS A. Uses: The only use authorized by this Special Permit other than those permitted by right in a "B -2" Bayfront Business District is a pet groom /boarding business, small dog and cat rescue shelter and dog service and therapy /training facility. All activities must be conducted in accordance with the City of Corpus Christi Animal Control Regulations. Compliance: The existing use is consistent with the use established by the Special Permit above. Compliance with Animal Control Regulations can be addressed if the applicant has obtained the necessary permits from Animal Control. B. Animals: The pet groom /boarding business, small dog and cat rescue shelter and dog service and therapy/training facility shall be limited to no more than 103 (8 rabbits, 18 cats, 50 dogs, 27 chickens or 3 turkeys or a combination thereof). Compliance: The business is in compliance with the number of animals. C. Prohibited Animals: Large animals, including but not limited to cattle, emus, llamas and swine. Compliance: The business in not in compliance with the prohibition because there are 2 horses within the Special Permit area. D. Slaughtering: The slaughtering of animals on the property is prohibited. Compliance: The business is in compliance with the prohibition. E. Animal Waste: In accordance with Chapter 6, Article VI, Section 6 -158 of the City Code of Ordinances, all animal waste must be collected on a daily basis and stored in a rat - proof and fly -tight container until the waste is properly disposed. Compliance: The business is in compliance with the proper disposal of the animal waste. F. Feed Storage: in accordance with Chapter 6,, Article VI, Section 6 -159 of the City Code of Ordinances, the storage of feed must be kept in a rat - proof, fly -proof building, box, container or receptacle. Compliance: The business is in compliance with the proper storage of the feed. G. Ponding: Animal pens should be grated or covered so as to eliminate standing water in the pens. Compliance: The business is not in compliance with the ponding requirement. The existing concrete slabs are cracked and not grated to drain any liquid that falls on the slab. There is no existing drain to collect the water, urine or other liquid. H. Maintenance: The property shall be kept in a neat appearance at all times. Compliance: The business is not in compliance with the maintenance of the property because there is thick brush in the property, an abandoned bus and recreational vehicle at the rear of the Special Permit area. 1. Platting: Platting of Lot 23 is required prior to the construction of any new building on the lot. EXHIBIT G PAGE 1 OF 2 H:1PLN- DIRISHAREDN. PLANNING COMMISSIONS2O90 CC\SISSON- COASTAL BEND SMALL BREED RESCUEISMALL BREED RESCUE FACILUTY.SPECIAL PERMIT.DOC —224— Current Status of Applicant's Compliance Special Permit (Ordinance No. 028113) Page 2 Compliance: The platting of Lot 23 is required prior to the construction of a new building. There are no proposed buildings on Lot 23 at this time. J. Time Limit: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition A and in compliance with all other conditions. Compliance: The Special Permit was due to expire on April 10 2010. The Special Permit was extended to October 10, 2010. The status of the Special Permit validity is currently under consideration by the City Council. EXHIBIT G PAGE 2 OF 2 H:4PLN- DIR4SHAREDI1. PLANNING COMMISSION 12010 CC\SISSON- COASTAL BEND SMALL BREED RESCUESMALL BREED RESCUE FACILtTY.SPECIAL PERMIT.DOC —225— ACRES FLOUR BLUFP2 CHOOL TR -EX 1 EGG i6 PLAC 2 & FISHING CL UR BLUF & SUBJECT PROPERTY B -2 wISP (O4 19l2U19, 02/23/2009 Prepared Sy: SRR Department of Development Services CASE # 0309 -01 APPLICANT'S REQUEST: SPECIAL PERMIT EXTENSION ZONING MAP Subject Property EXHIBIT A Approval of the Special Permit Extension ORDINANCE: 18 DATE: TIME: PLACE: AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION REGULAR MEETING Tuesday, October 19, 2010 During the meeting of the City Council beginning at 12:00 p.m. City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call meeting to order 2. Secretary Armando Chapa calls roll Board of Directors John E. Marez, President Kevin Kieschnick, Vice President Joe Adame Brent Chesney Larry Elizondo, Sr. Chris Adler Priscilla Leal Nelda Martinez Mark Scott Officers `Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Assistant Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Assistant Treasurer 3. Approval of the minutes of July 13, 2010 4. Approval of the financial report. 5. Resolution Approving an Amended Memorandum of Understanding with NRP Holdings, LLC in Connection with the Development of Costa Tarragona II Project; Approving a First Amendment to Agreement to Purchase Unimproved Real Estate; Authorizing the General Manager to Take All Necessary Actions in Connection with the Carryforward and Other Documentation of the Award of Low - Income Housing Tax Credits in the Amount of $1,333,459 and HOME Funds in the Amount of $500,000 from the Texas Department of Housing & Community Affairs for the Costa Tarragona II Project and Related Matters 6. Public Comment 7. Adjournment MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION MEETING July 13, 2010 5:19 p.m. PRESENT Board of Directors John Marez, President Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Priscilla Leal Nelda Martinez Mark Scott ABSENT Kevin Kieschnick, Vice President Officers Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy OBrien, Treasurer Constance P. Sanchez, Asst. Treasurer President Marez called the meeting to order in the Council Chambers of City Hall at 5:19 p.m. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted. President Marez called for the approval of the minutes of the March 23, 2010 meeting. Ms. Martinez made a motion to approve the minutes as presented, seconded by Mr. Elizondo, and passed. President Marez opened discussion on Item 4, the election of officers. Mr. Chesney made a motion to reappoint Mr. Marez as President and Mr. Kieschnick as Vice President, seconded by Ms. Martinez, and passed. Mr. Chesney made a motion to reappoint Angel R. Escobar, General Manager, Armando Chapa, Secretary, Mary Juarez, Assistant Secretary, Cindy O'Brien, Treasurer, and Constance P. Sanchez, Assistant Treasurer serving as officers, seconded by Ms. Martinez, and passed. President Marez called for the financial report. Assistant Treasurer Constance Sanchez stated that the fund balance was $616,368 for ten months ended May 31, 2010. There were no questions regarding the report. A motion was made, seconded, and passed to approve the financial report as presented. President Marez called for the General Manager's report. Eddie Ortega, Director of Neighborhood Services reported that the CCHFC has been active in providing mortgage assistance since 1980 and have issued approximately $150,000,000 in single family mortgage revenue bonds. He stated that in 1987 Corpus Christi was the first program in Texas to offer Mortgage Credit Certificates. He also stated that a Mortgage Credit Certificate (MCC) is a federal tax credit that can be issued by the CCHFC once it receive an allocation of federal mortgage bond authority and that over $130,000,000 in assistance has been made available to more than 2,100 first -time home buyers. In August 2008, the CCHFC authorized an application to the Texas Bond Review Board for a new allocation of federal bond authority and received an allocation of over $21 million of authority. —230— Minutes — CCHFC July 13, 2010 — Page 2 Mr. Marez called for public comment. There was none. There being no further business to come before the corporation, President Marez adjourned the meeting at 5:23 p.m. on July 13, 2010. —231— Corpus Christi Housing Finance Corporation Balance Sheet September 30, 2010 Assets Current assets: Cash in bank Advance to General Fund $ 42,050 575,623 Total assets $ 617,673 Liabilities and Fund Balance Liabilities: Due to other funds $ 12,120 Total liabilities 12,120 Fund balance: Undesignated 605,553 Total fund balance 605,553 Total liabilities and fund balance $ 617,673 Corpus Christi Housing Finance Corporation Summary of Transactions For Two Months Ended September 30, 2010 Fund balance at August 1, 2010 $ 605,391 Revenues: Interest 110 Application fees 75 Issuance fee 175 Total revenues 360 Expenditures: Administrative costs 198 Total expenditures 198 Fund balance at September 30, 2010 $ 605,553 Memorandum TO: Members of the Board of the Corpus Christi Housing Finance Corporation FROM: 'Angel R. Escobar, General Manager DATE: October 14, 2010 SUBJECT: Request for Meeting of the Corpus Christi Housing Finance Corporation (CCHFC) on October 19, 2010 I am requesting that the regular meeting of the Corpus Christi Housing Finance Corporation (CCHFC) be held during the Council meeting of October 19, 2010, to consider the following: Resolution Approving an Amended Memorandum of Understanding with NRP Holdings, LLC in Connection with the Development of Costa Tarragona 11 Project; Approving a First Amendment to Agreement to Purchase Unimproved Real Estate; Authorizing the General Manager to Take All Necessary Actions in Connection with the Carryforward and Other Documentation of the Award of Low - Income Housing Tax Credits in the Amount of $1,333,459 and HOME Funds in the Amount of $500,000 from the Texas Department of Housing & Community Affairs for the Costa Tarragona 11 Project and Related Matters The Texas Department of Housing & Community Affairs (TDHCA) has awarded $1,333,459 in Low - Income Housing Tax Credits and $500,000 in HOME funds for the Costa Tarragona II project, a 96 -unit addition to the Costa Tarragona Apartments located at the southeast corner of the intersection of North Padre Island Drive and Interstate Highway 37. Costa Tarragona originally was constructed as a 250 -unit apartment project at that location and was financed through similar tax credits and the issuance of multifamily housing revenue bonds by the CCHFC in 2005. Additional land was acquired in the original purchase for the development of 96 more units, so this award will help complete the project as originally planned. In a similar manner to the structure of the financing for the first phase of Costa Tarragona, we have organized a Texas limited partnership named Costa Tarragona II, Ltd. to serve as the owner of the Project. A single - purpose limited liability company named CCHFC Costa Tarragona II, LLC has been formed to serve as the general partner of this limited partnership in order to further insulate the CCHFC from any liabilities. The NRP Group will continue to serve as the management company. Tax credit investors and other equity providers will be the limited partners in the partnership. A Low Income Housing Tax Credit ( "LIHTC ") is a dollar - for - dollar tax credit for affordable housing investments. it was created under the Tax Reform Act of 1986 and provides incentives for the utilization of private equity in the development of affordable housing for low- income residents. An investor is found who makes a capital contribution to the owner of the project in exchange for being allocated the owner's LIHTC over a 10 year period. The tax credits awarded for Costa Tarragona II will be $1,333,459 each year for 10 years which should attract total equity investment of $9,467,557 at an estimated syndication rate of $0.71 per tax credit dollar (investors typically discount the value to about 70 -80 cents on the dollar for the net present value of the tax credits over the 10 -year period). In addition to the LIHTCs, the State also has awarded HOME funds in the amount of $500,000 for the Project. Eligible residents for the additional 96 units must comply with the following income limitations ranging from 60% Adjusted Median Family Income to as low as 30% Adjusted Median Family Income. Of the 96 additional units being constructed, twelve (12) will be one - bedroom units, forty -eight (48) will be two- bedroom units, and thirty -six (36) will be three - bedroom units. On January 4, 2008, the CCHFC entered into a Memorandum of Understanding (MOU) with NRP Holdings, LLC for the purpose of development of Costa Tarragona II. When we were not successful in obtaining an award of LIHTCs in the 2008 round, a new application was made in 2009 and a new Memorandum of Understanding was executed January 20, 2009. With the award of the LIHTCs and the HOME funds by TDHCA this year, the MOU needs to be adjusted and extended to reflect the requirements for the current round of LIHTC and HOME funding and the anticipated funding date of May 31, 2011. On January 4, 2008, the CCHFC entered into a Purchase Agreement with NRP Properties, LLC in order to arrange for the purchase of the land necessary for Costa Tarragona 11. Sufficient land for both Phase 1 and Phase 11 was acquired by NRP Properties, LLC in 2005, and the property is being sold to the CCHFC at NRP's cost. A First Amendment to the Purchase Agreement must be approved to update the anticipated closing date and provide for terms consistent with the TDHCA award and requirements of the tax credit investors. In order to fulfill the requirements of the commitment of funds received from the TDHCA, the board of directors of the CCHFC needs to adopt the attached Resolution authorizing the execution of the Amended MOU and the Amended Purchase Agreement and authorizing the General Manager to execute the necessary carryforward documents required by TDHCA to fund the project. Closing is anticipated on or about May 31, 2011. The Resolution also confirms the acceptance of the award of LIHTCs and HOME funds and approves other matters related to compliance with the TDHCA requirements. As part of the local support required by the TDHCA for the award of the LIHTCs, the City has allocated $777,964 in HOME funds to assist in financing the project. The allocation of HOME funds remains subject to appropriation and receipt of funding from the federal government and the final approval of HOME contract funding by the City Council. In order to complete the $1 million local support requirement by TDHCA, arrangements have been made for an interim loan commitment from the Capital Area Housing Finance Corporation in the amount of $222,036 which will be paid back in full upon completion of construction. No funds of the City of Corpus Christi are involved in these financings, and nothing in the transactions will make the City obligated on any of the liabilities of either the CCHFC, the LLC serving as general partner, or the Costa Tarragona II limited partnership. Any loan or development guaranties required by lending institutions must be provided by the NRP Group or other investors serving as co- developers of the Project. The financing does not involve the pledge of any tax revenues by the City or become any type of bond or credit obligation of the City. A RESOLUTION Resolution Approving an Amended Memorandum of Understanding with NRP Holdings, LLC in Connection with the Development of Costa Tarragona II Project; Approving an Amended Purchase Agreement for the Acquisition of the Land and Ground Lease of Such Land to Costa Tarragona II, Ltd.; Authorizing the General Manager to Take All Necessary Actions in Connection with the Carryforward and Documentation of the Award of Low- Income Housing Tax Credits in the Amount of $1,333,459 and HOME Funds in the Amount of $500,000 from the Texas Department of Housing & Community Affairs for the Costa Tarragona II Project and Related Matters WHEREAS, Costa Tarragona II, Ltd., has been awarded $1,333,459 in low- income housing tax credits and $500,000 in HOME funds by the Texas Department of Housing and Community Affairs (TDHCA) in connection with the development of the second phase of the Costa Tarragona Apartments at 2240 N. Padre Island Drive, Corpus Christi, Texas 78408; and WHEREAS, the Corpus Christi Housing Finance Corporation (the "Corporation ") serves as the sole member of CCHFC Costa Tarragona II, LLC, a Texas limited liability company organized to serve as the General Partner of Costa Tarragona II, Ltd., a Texas limited partnership; and WHEREAS, the Corporation is working with NRP Holdings, LLC and NRP Properties, LLC in the acquisition of the land and the development of the Project and the parties need to update the Memorandum of Understanding (MOU) and the Purchase Agreement in order to reflect the new financing terms and conditions with an anticipated closing on or about May 31, 2010; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 1HE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: Section 1. Approval of Amended Memorandum of Understanding. The General Manager is authorized to execute an amended Memorandum of Understanding (MOU) with NRP Hol I ings, LLC replacing the prior MOU dated January 4, 2008, and the subsequent MOU executed Janniry 20, 2009, providing for the various terms and conditions of the financing and an anticipated funding date of May 31, 2011. Section 2. Approval of Amended Purchase Agreement. The General Manager is authorized to execute an Amended Purchase Agreement with NRP Properties, LLC replacing the prior Agreement dated January 4, 2008, in order to acquire the necessary land for the Project and lease the same to Costa Tarragona II, Ltd., with an anticipated closing date of May 31, 2011. Section 3. Authorization to Handle Matters Regarding Carryforward and Documentation Required by TDHCA. The General Manager is authorized to execute all documents and handle all matters with the Texas Department of Housing and Community Affairs —237— ( TDHCA) in connection with the carryforward and documentation of approximately $1,333,459.00 in low- income housing tax credits and $500,000.00 in HOME funding. Specifically, the General Manager may act on behalf of the Corporation in its corporate capacity and acting in its capacity as a sole member of CCHFC Costa Tarragona II, LLC, a Texas limited liability company, serving as the General Partner of Costa Tarragona II, Ltd., a Texas limited partnership, in such regard and the requirements for this authorization set forth in the regulations, guidelines and any other instructions of the TDHCA are incorporated herein by reference as if fully set forth at length and adopted by the Board of Directors as the authorization of the General Manager under this Resolution. Section 4. Authorized Representatives. Each of the General Manager and the President, Vice President, and Secretary of the Corporation are hereby authorized in their respective capacities of the Corporation for purposes of executing, attesting, affixing the Corporation's seal to, and delivering the documents and instruments required in connection with the award of the Low- Income Housing Tax Credits and HOME funds referenced above as may be necessary or convenient to carry out or assist in carrying out the purposes of this Resolution and the actions taken previously by such officers in connection with such matters are hereby ratified and confirmed. DULY PASSED AND ADOPTED this 26th day of October, 2010. ATTEST: CORPUS CHRISTI HOUSING FINANCE CORPORATION Armando Chapa, Secretary John E. Marez, President C:IDOCUME- 11EddieOli OCALS —I\ Templ GWViewerlitesoiution - 1007- 11- 15.doc 2 —238— AMENDED MEMORANDUM OF UNDERSTANDING BETWEEN THE CORPUS CHRISTI HOUSING FINANCE CORPORATION AND NRP HOLDINGS LLC COSTA TARRAGONA I I This Amended Memorandum of Understanding (the "MOU ") is between the Corpus Christi Housing Finance Corporation ( "CCHFC "), a Texas housing finance corporation, and NRP Holdings, LLC ( "NRP "), an Ohio limited liability company, amends and replaces that prior Memorandum of Understanding between the parties dated January 20, 2009, and is dated effective as of October 19, 2010. NRP is a developer of affordable housing in the State of Texas. CCHFC is a Texas housing finance corporation whose mission is to provide safe, decent and sanitary housing for low -to- moderate income persons. NRP and CCHFC already have completed Costa Tarragona I and hereby agree to work cooperatively to develop affordable housing at the following location, in accordance with the terms of this MOU: Costa Tarragona II, being a 96 -unit multifamily development to be located adjacent to Costa Tarragona I at the southeast corner of the intersection of North Padre Island Drive and Interstate Highway 37 in Corpus Christi, Texas (the "Project "). In order to accomplish this purpose, the parties agree as follows: AGREEMENTS: A. Liability and Hold Harmless Agreements. 1. All parties agree that there shall be absolutely nothing in this MOU or any other agreement concerning this property that will give rise to a charge against the general credit or taxing powers of the City of Corpus Christi nor shall this MOU be anything other than a limited obligation of the CCHFC, limited solely to the CCHFC's interest in the Project. 2. NRP has applied for HOME funds from the City of Corpus Christi and it is anticipated that the City's standard HOME funds contract will be utilized for the Project. The HOME funds contract shall become a covenant running with the land. The parties acknowledge that the approval of any HOME funds for the Project is subject to compliance with all terms of the request for proposals solicited by the City of Corpus Christi and the award of funds by the City Council. Nothing herein shall create an obligation of the City to award any HOME funds for the Project. —239— 10/13/2010 3. NRP will put in place or cause to be put in place guarantees, sureties or other agreements acceptable to the CCHFC to hold the CCHFC and/or its affiliate harmless with regard to any liability arising from the project in any amount in excess of the interests the CCHFC or its affiliate has in the project. B. Ownership Structure. 1. Costa Tarragona II, Ltd. (the "Partnership ") has been formed for the purpose of owning the Project. A single - purpose entity that is an affiliate of CCHFC has been admitted into the Partnership as the sole general partner (the "General Partner "). 2. NRP may designate an affiliate to serve as a special Iimited partner of the Partnership (the "Class B LP "), with certain oversight and approval rights. 3. The duties, oversight and approval rights of the General Partner and the Class B LP shall be set forth in a limited partnership agreement (the "Partnership Agreement ") to be entered into among the General Partner, the Class B LP, and an equity investor, as the limited partner. The General Partner shall have the right to approve the Partnership Agreement at is sole discretion. 4. Title to the land for the Project shall be taken in CCHFC, and CCHFC shall then enter into a long -term Ground Lease for a period of two years longer than the term of the mortgage loan, with the Partnership as tenant with an interest in the improvements that constitute the Project. Funding for the acquisition of the land will come from the financing of the Project, and shall be paid to CCHFC in the form of an up- front Ground Lease payment. Upon termination of the Ground Lease, ownership of the improvements constituting the Project shall revert to CCHFC. The terms and provisions of the Ground Lease will be negotiated between NRP and the CCHFC. C. Due Diligence As a condition to CCHFC's participation with the Project, CCHFC requires NRP to provide due diligence information on the Project and its proposed financing and operations. NRP shall deliver the due diligence items on a checklist (the "Checklist ") at the times indicated on the Checklist. D. Financing. 1. The Partnership has been awarded $1,333,459 in low income housing tax credits ( "Tax Credits ") from the Texas Department of Housing and Community Affairs ( "TDHCA "). The parties anticipate that an affiliate of a to- be- determined equity provider (the "Investor LP ") will provide equity financing for the Project (the "Equity ") in return for an allocation of the Tax Credits. CCHFC shall have the right to review and approve the financing arrangements and the terms and conditions of any Equity financing documents. The Equity financing documents are expected to include the Partnership 2 —240— IO/I3/2010 Agreement. The Class B LP shall prepare, and CCHFC shall review, each draw request submitted to the Investor LP for Equity. 2. NRP shall have the right to designate an affiliate of NRP to purchase the credits and become the Investor LP, provided that the price of the Equity shall be no less than such amount to put the Partnership in the same net profit position as indicated in the application for the Tax Credits. 3. Additional funding of $500,000 has been awarded from TDHCA in HOME Funds, additional funding of $777,964 has been awarded from the City of Corpus Christi HOME Fund Program, and an interim loan commitment of $222,036 has been received from the Capital Area Housing Finance Corporation. CCHFC shall have the right to review and approve all financing arrangements and terms and conditions of any loan documents in its sole discretion. The loan documents shall be amended to accommodate the Ground Lease described above and any other revisions requested by CCHFC or as may be appropriate to implement the terms of this MOU. NRP shall be responsible for applying for all interim and permanent financing for the Partnership. CCHFC shall have the right to review and approve the identity of the permanent lender and the terms of all financing arrangements in its sole discretion. A commitment for permanent financing acceptable to CCHFC shall be in place prior to Closing (as hereinafter defined.) 4. NRP shall provide any guarantees of construction completion, operating expenses, Tax Credit delivery, and the like that maybe required in conjunction with any loan financing, the Equity financing, or the recitals above. E. Design and Construction. l . NRP shall provide comprehensive development services to the Partnership pursuant to a Development Agreement to be entered into by the Partnership and NRP. The General Partner shall have the right of approval of the Development Agreement in its sole discretion. 2. NRP has provided CCHFC a detailed development budget for the Project and shall provide a detailed final development budget that is in conformance with the MOU. 3. NRP shall be responsible for obtaining the services of design professionals for the design of the site plan and design of the project. CCHFC will be provided copies of the final plans and specifications for the Project, including all construction contracts. 4. In order to secure an exemption from state sales tax for the acquisition of building materials, CCHFC shall serve as the general contractor and enter into a master subcontractor agreement with the Partnership. The master subcontractor will be NRP Contractors LLC ( "NRPC "), an affiliate of NRP. Any fee payable to NRPC shall be a Partnership expense of the Partnership. NRPC's profit shall reflect a typical 6 -2 -6 construction profit in addition to unused contingency and cost savings. NRP shall provide the Partnership a standard AIA form Fixed Price contract in an amount and 3 —241— 10/13/2010 otherwise on terms and conditions acceptable to all parties, each acting reasonably, and shall provide such guarantees, sureties or agreements acceptable to the CCHFC to hold the CCHFC and its affiliate harmless from any cause of action during construction. Notwithstanding anything herein to the contrary, NRP has the sole responsibility for securing such sales tax exemption, however, the CCHFC will make a good faith effort to satisfy reasonable requests from NRP in connection with securing such sales tax exemption. 5. NRP shall be responsible for obtaining all governmental approvals and permits needed in order to construct and operate the Project. 6. NRP shall guarantee to the Partnership, the Investor LP and any lender, delivery of the Project on time and within the approved budget (as it may be amended or revised from time to time with appropriate approvals). CCHFC or its affiliate shall have the right to review and approve any material change orders or any material changes in the scope of work or plans and specifications during construction. 7. The Project shall be constructed so as to comply with ADA and Section 504 requirements, as applicable under federal and state law. F. Management; Operation; Accounting. 1. NRP Management LLC or such other NRP designated affiliate shall serve as the property manager ( "Manager ") for the Project under the terms and conditions as defined in a separate Property Management Agreement, which must be in form and substance acceptable to the parties, each acting reasonably. The amount of the Management Fee shall be the greater of Thirty -Five Dollars ($35) per unit per month or five percent (5 %) of effective gross income and paid as outlined in the Property Management Agreement. An additional Three Hundred Dollars ($300) per month administrative fee will be paid to Manager following project stabilization. Because the Project consists of new construction, prior to the receipt of a Certificate of Occupancy for the first residential building, the Manager will be compensated by monthly fees equal to Twenty ($20) per unit commencing with the first complete month after the first Project employee commences to work at the Project, provided such date is typical for when an employee would commence working at similar projects. Manager shall further be entitled to receive a Twenty -Five Thousand $25,000) property set -up fee payable no later than the first (1St) anniversary of the start of construction. 2. Manager shall identify providers of the amenities and services to the Property, including, but not limited to, laundry machines, vending machines, cable television, internet and phone services, and utility providers. CCHFC shall have the right to review and approve providers of such services and the terms of any agreements related to such services. 3. Keystone Services, LLC ( "Keystone "), an affiliate of NPR, shall provide accounting services (including but not limited to bookkeeping, cost certification, carryover, 10% test, preparing tax returns, monitoring reporting requirements, processing 4 —242— 10/13/2010 construction loan draws and change orders) to the Project until the later of: (i) conversIon to the Permanent Loan; (ii) receipt of the final installment of the Equity Financing; and (iii) receipt of Form 8609. Keystone shall receive a fee from the Partnership of Fifteen Thousand Dollars ($15,000) per year for such services, prorated for any partial year. G. Supportive Services. So long as Manager is the property manager for the Project, Manager shall be responsible for coordinating, providing and monitoring supportive services for the residents of the Project during the Tax Credit compliance period within the budget available in the operating budget for the Project. CCHFC shall have the right to review and approve the supportive services plan. The scope of the supportive services shall be consistent with the services described and committed to in the application to TDHCA for the Credits and the fee shall be consistent with that set forth in the budget indicated with the application. H. Community Support. NRP shall be responsible for interfacing with the local governmental officials in connection with support for the Project. The parties will consult with each other and coordinate the response to any media inquiries and/or public opposition to the Project that may arise. I. Tax Exemption. The ownership structure contemplated herein is expected to generate ad valorem tax exemption for the Project. CCHFC, on behalf of the Partnership, shall work with the applicable appraisal district to obtain confirmation of the availability of such exemption. Nevertheless, the Partnership shall agree to make payments in lieu of taxes to the appropriate taxing jurisdiction at a level negotiated by the CCHFC and NRP based upon the availability of funds in the final operating budget for the Project. i. Fees and Expenses. 1. As consideration for the development services to the Partnership in connection with the construction of the Project, the Partnership shall in accordance with the Partnership Agreement, pay a fee (the "Developer Fee ") of up to $1,548,000 or such maximum amount as may be permitted by all applicable laws, rules and regulations including those of lender, which Developer Fee shall include any of such Developer's overhead charged to the Project. Since the Project is financed through 9% Tax Credits, the CCHFC will be the "Developer" (as such term is defined in the QAP) and will receive 70% of the Developer Fee available for such Project. NRP will be the Development Consultant (as such term is defined in TDHCA's 2010 Qualified Allocation Plan (the "QAP ")) and receive 30% of the Developer Fee available for such Project. The parties acknowledge that, pursuant to Section 49.6(d) of the QAP, NRP may not serve as Developer of 9% Tax Credit projects receiving an allocation of Tax Credits of more than $2 million in the aggregate in the 2010 application round (the "Credit Cap "). 5 —243— 10/I3/2010 2. The General Partner and the Class 13 LP each shall be entitled to a Partnership Management Fee in the amount of $5,000 per year payable from the Partnership's net cash flow, as provided in the Partnership Agreement 3. The General Partner may be entitled to receive other fees or priority distributions for its services in such capacity. Such amounts shall be payable from the Partnership's net cash flow, solely after payment of Developer Fee in full. The General Partner shall share 50% of any amount so received with the Class B LP. 4. After payment of the Developer Fee, the General Partner's fee, if any, and any other priority net cash flow payments established in the Partnership Agreement, the General Partner and the Class 13 LP shall split any remaining net cash flow distribution to them on a 50/50 basis. 5. Neither party shall enter into any contractual relationship or agreement relating to the Project that would cause either financial or legal liability to the other, without the other party's prior written consent. K. Lona Term Ownership. At the end of the 15 -year Tax Credit compliance period, the General Partner, CCHFC, or their designated affiliate shall have a right of first refusal to acquire the Project. In addition, at the end of the 15 -year Tax Credit compliance period, the General Partner shall have an option to acquire the interests of the Investor LP and the Class B LP. The purchase price for the right of first refusal or the option shall be fair market value, based on an appraisal performed by an appraiser mutually agreed to by the General and Class B LP Partners. The parties agree that any sale or refinancing proceeds shall be split between CCHFC and the Class B LP on a 50/50 basis. L. Miscellaneous. 1. This MOU reflects the entire understanding between the parties and may only be amended by CCHFC or NRP in writing, signed by both parties. 2. Each party hereto is prohibited from assigning any of its interests, benefits or responsibilities hereunder to any third party or related third party, without the prior written consent of the other party, such consent not to be unreasonably withheld. 3. CCHFC's execution of this MOU is subject to approval by CCHFC's Board of Directors. 4. The parties agree to execute such documents and do such things as may be necessary or appropriate to facilitate the development of the Project and the consummation of their agreement herein. 6 —244— 10/13/2010 5. This MOU may be executed in several counterparts, each of which shall be deemed to be an original copy and all of which together shall constitute one agreement binding on all parties hereto, notwithstanding that all the parties shall not have signed the same counterpart. 6. THIS MOU SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS, EXCLUSIVE OF CONFLICT OF LAWS PRINCIPLES. 7. In case any one or more of the provisions contained in this MOU for any reason are held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision hereof, and this MOU will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 8. The parties hereto submit exclusively to the jurisdiction of the state and federal courts of Nueces County, Texas, and venue for any cause of action arising hereunder shall lie exclusively in the state and federal courts of Nueces County, Texas. 9. Should any part employ an attorney or attorneys to enforce any of the provisions hereof, to protect its interest in any manner arising under this MOU, or to recover damages for the breach of this MOU, the non - prevailing party in any action pursued in courts of competent jurisdiction (the finality of which is not legally contested agrees to pay to the prevailing party all reasonable costs, damages and expenses, including specifically, but without implied limitation, attorneys' fees, expended or incurred by the prevailing party in connection therewith. The liability of the CCHFC and/or its designated affiliate is strictly limited to its interests in the Project under the terms of this MOU. 10. The subject headings contained in this MOU are for reference purposes only and do not affect in any way the meaning or interpretation hereof. 11. This MOU shall continue until terminated upon the occurrence of one of the following conditions: Agreement; (i) CCHFC and NRP sign a mutual consent to terminate this (ii) The transactions contemplated hereby are not closed by December 31, 2011; (iii) The terms of the Loan and Equity financing (including the permanent loan commitment) for the Project are unacceptable to CCHFC, in its sole discretion, and CCHFC provides NRP notice of such fact and a 30 -day opportunity to provide financing terms that are acceptable to CCHFC and NRP; (iv) Unless otherwise waived, NRP fails to deliver Checklist items as 7 —245— ion3, OIO required herein; (v) Either party breaches its obligations under this MOU, the non- binding party provides the breaching party notice of such fact and a 15 -day opportunity to cure, and the breaching party fails to do so; or (vi) Either party files for bankruptcy protection, makes an assignment for the benefit of creditors, has a receiver appointed as to its assets or generally becomes insolvent. Upon termination of this MOU for any of the reason cited above, neither party shall have any ongoing obligation to the other with respect to this MOU and the Project. In addition, the provisions of this MOU with respect to the Project will be terminated and suspended when the General Partner is admitted to the Partnership Agreement and CCHFC and NRP and their affiliates, as applicable, enter into definitive agreements with respect to the governance of the Partnership and the development, construction, fmancing, and operation of the Project as contemplated herein. All parties acknowledge that the various terms and provisions in this MOU shall be incorporate into the Partnership Agreement and the other defmitive agreements. 12. The parties acknowledge that the CCHFC and the General Partner will be represented in this transaction by Wood, Boykin & Wolter, P.C. ( "CCHFC Counsel ") and the Partnership will be represented in this transaction by separate counsel agreed upon by the parties ( "Partnership Counsel "). All costs of CCHFC Counsel and Partnership Counsel will be considered costs of the Project and paid as provided herein. NRP, the Class B LP, and their affiliates will be represented by separate counsel and will not be entitled to rely on Partnership Counsel for representation in this matter. EXECUTED to be effective as of the date above shown. CORPUS CHRISTI HOUSING FINANCE CORPORATION By: `Angel R. Escobar General Manager NRP HOLDINGS LLC By: Name: Title: 8 —246— FIRST AMENDMENT TO AGREEMENT TO PURCHASE UNIMPROVED REAL ESTATE THIS FIRST AMENDMENT TO AGREEMENT TO PURCHASE UNIMPROVED REAL ESTATE (this "Amendment ") is effective as of October 19, 2010, by and between Corpus Christi Housing Finance Corporation, a Texas housing finance corporation ( "Purchaser ") and NRP Properties LLC, an Ohio limited liability company ( "Seller "). RECITALS: A. Purchaser and Seller entered into an Agreement to Purchase Unimproved Real Estate dated effective as of January 4, 2008 (the "Agreement ") for the purchase and sale of an approximately 7 acres of the 12 acre parcel of real property on located in the 2200 block of North Padre Island Drive, in the City of Corpus Christi, Nueces County, State of Texas. B. Purchaser and Seller desire to amend the Agreement upon the terms and conditions set forth herein. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1. Capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. 2. Article 2 of the Agreement is amended by deleting the Purchase Price of "Three Hundred Six Thousand and Hundred Twenty -Five Dollars ($306,125.00)" and inserting the Purchaser Price of "Two Hundred Eighty Thousand Five Hundred Eighty -Six Dollars ($280,586.00)" in its place. 3. The date of Closing is hereby extended to June 30, 2011. 4. Purchaser agrees that upon Closing of the purchase of the Property it shall enter into a Ground Lease with Costa Tarragona II, Ltd. for the purpose of constructing a 96 -unit apartment project. Said lessee shall exercise all due diligence rights under the Agreement, and the title policies to be furnished Purchaser shall be modified to insure the ground leasehold estate held by said lessee. Costa Tarragona II, Ltd. joins herein to evidence its acceptance of such terms. 5. The parties agree that the title policies required under the Agreement shall be issued by and the Escrow Agent services required in connection with the Agreement shall be provided by San Jacinto Title Services of Texas, LLC, whose address is 802 N. Carancahua Street, Suite 1500, Corpus Christi, Texas. 6. This Amendment may be executed in multiple counterparts, including facsimile counterparts, which counterparts, when appended to counterparts (including facsimile —247— counterparts) containing the signatures of Seller and Purchaser shall constitute a fully executed First Amendment. 7. Except as amended hereby, the terms, provisions, conditions and agreements of the Agreement are hereby ratified and confirmed and shall remain in full force and effect. IN WITNESS WHEREOF, the parties have duly executed this Amendment as of the date first above written. COSTA TARRAGONA II, LTD. By: `Angel R. Escobar, General Manager SELLER: NRP PROPERTIES LLC, an Ohio limited liability company By: Name: Title: PURCHASER: CORPUS CHRISTI HOUSING FINANCE CORPORATION, a Texas housing finance corporation. By: `Angel R. Escobar, General Manager F:12705134 Costa IPPurchase Agreement -First Amend 1014.doc 2 —248— A RESOLUTION Resolution Approving an Amended Memorandum of Understanding with NRP Holdings, LLC in Connection with the Development of Costa Tarragona II Project; Approving a First Amendment to Agreement to Purchase Unimproved Real Estate; Authorizing the General Manager to Take All Necessary Actions in Connection with the Carryforward and Other Documentation of the Award of Low - Income Housing Tax Credits in the Amount of $1,333,459 and HOME Funds in the Amount of $500,000 from the Texas Department of Housing & Community Affairs for the Costa Tarragona II Project and Related Matters WHEREAS, Costa Tarragona II, Ltd., has been awarded $1,333,459 in low- income housing tax credits and $500,000 in HOME funds by the Texas Department of Housing and Community Affairs (TDHCA) in connection with the development of the second phase of the Costa Tarragona Apartments at 2240 N. Padre Island Drive, Corpus Christi, Texas 78408; and WHEREAS, the Corpus Christi Housing Finance Corporation (the "Corporation ") serves as the sole member of CCHFC Costa Tarragona II, LLC, a Texas limited liability company organized to serve as the General Partner of Costa Tarragona 11, Ltd., a Texas limited partnership; and WHEREAS, the Corporation is working with NRP Holdings, LLC and NRP Properties, LLC in the acquisition of the land and the development of the Project and the parties need to update the Memorandum of Understanding (MOU) and the Purchase Agreement in order to reflect the new financing terms and conditions with an anticipated closing on or about June 30, 2010; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: Section 1. Approval of Amended Memorandum of Understanding. The General Manager is authorized to execute an amended Memorandum of Understanding (MOU) with NRP Holdings, LLC replacing the prior MOU dated January 4, 2008, and the subsequent MOU executed January 20, 2009, providing for the various terms and conditions of the financing and an anticipated funding date of June 30, 2011. Section 2. Approval of First Amendment to Purchase Agreement. The General Manager is authorized to execute a First Amendment to Agreement for Purchase of Unimproved Property with NRP Properties, LLC amending the prior Agreement dated January 4, 2008, in order to acquire the necessary land for the Project and lease the same to Costa Tarragona II, Ltd., with an anticipated closing date of June 30, 2011. Section 3. Authorization to Handle Matters Regarding Carryforward and Other Documentation Required by TDHCA. The General Manager is authorized to execute all documents and handle all matters with the Texas Department of Housing and Community Affairs (TDHCA) in connection with the carryforward and other documentation of approximately —249— $1,333,459.00 in low- income housing tax credits and $500,000.00 in HOME funding. Specifically, the General Manager may act on behalf of the Corporation in its corporate capacity and acting in its capacity as a sole member of CCHFC Costa Tarragona II, LLC, a Texas limited liability company, serving as the General Partner of Costa Tarragona II, Ltd., a Texas limited partnership, in such regard and the requirements for this authorization set forth in the regulations, guidelines and any other instructions of the TDHCA are incorporated herein by reference as if fully set forth at length and adopted by the Board of Directors as the authorization of the General Manager under this Resolution. Additionally, all matters concerning the allocation of HOME funds by the City of Corpus Christi in the amount of $777,963 and the interim loan commitment obtained from the Capital Area Housing Finance Corporation in the amount of $222,036 in order to fulfil the requirements ofthe TDHCA in connection with the award of the low - income housing tax credits are hereby authorized and confirmed. Section 4. Authorized Representatives. Each of the General Manager and the President, Vice President, and Secretary of the Corporation are hereby authorized in their respective capacities of the Corporation for purposes of executing, attesting, affixing the Corporation's seal to, and delivering the documents and instruments required in connection with the award of the Low-Income Housing Tax Credits and HOME funds referenced above as may be necessary or convenient to carry out or assist in carrying out the purposes of this Resolution and the actions taken previously by such officers in connection with such matters are hereby ratified and confirmed. DULY PASSED AND ADOPTED this 19th day of October, 2010. ATTEST: CORPUS CHRISTI HOUSING FINANCE CORPORATION Armando Chapa, Secretary John E. Marez, President C:IDOC[JNIE-- 11RebeccaHI LOCALS -11TenplXPgrpwiselltesolution -I O07 -I 1- 15.doc 2 —250— 19 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation by the Human Relations Department on the City's ADA Title 11 Transition Plan and Non - Discrimination Ordinance.. STAFF PRESENTER(S): Name Title/Position 1. Leon Bazar Director 2. Department Human Relations ISSUE: The City Council is to receive annual updates regarding the efforts made under the City's ADA Title 11 Transition Plan and Non - Discrimination Ordinance BACKGROUND: Please see attached REQUIRED COUNCIL ACTION: None at this time. Additional Background XX Exhibits ❑ .1.�,d Leon Bazar Director of Human Relations leonba,cctexas.com (361) 826 -3196 BACKGROUND INFORMATION Annual Update of ADA (Americans with Disabilities) Title II Transition Plan and Non - Discrimination Ordinance "ADA Accessibility and Compliance And Employment, Fair Housing, and Public Accommodation Discrimination" The Human Relations Department is the department responsible for administration of the City of Corpus Christi's compliance with the Title IT ADA Transition Plan and the Non - Discrimination Ordinance. Additionally, the department is a contracted FEPA (Fair Employment practices Agency) of the EEOC (Equal Employment Opportunity Commission) and a contracted FHAP (Fair Housing Administration Program) of HUD's Fair Housing Division. The department also has a MOU with the Department of Justice Office of Special Counsel. The Department accepts and investigates complaints of discrimination and/or non - compliance in the areas of employment, fair housing, public accommodation, and ADA accessibility. The protected basis of discrimination include Race, Color, National Origin, Sex, Religion, Disability, Age, Equal Pay, and Retaliation. The enforcement authority granted to the department comes from the Civil Rights Act of 1964, as amended; Americans with Disabilities Act (ADA); Fair Housing Amendments Act of 1988; Immigration Reform and Control Act of 1986; City of Corpus Christi ADA Title II Comprehensive Evaluation and Transition Plan; and the City of Corpus Christi Non - Discrimination Ordinance. Aside from some very minor differences, the charge /complaint management process will include requests for information/documentation; witness interviews and site visits; mediation and settlement conferences; and subpoena and lawsuit flings (if necessary). The City of Corpus Christi's Title H ADA Transition Plan consists of accessibility improvement projects for cross - disabilities through the removal of barriers. The components designated in the transition Plan include six and are: Public Facilities, Services /Activities/Programs, Public Curb Ramps, Site Development, Intergovernmental Agencies/Public Businesses, and Outreach and Training. Public facilities significant projects in FY 09 -10 included the Broadmoor Senior Center, Health Department ADA improvements, Little Miss Kickball ADA improvements, and Greenwood Softball Complex — phase I, II, and IV. Future facility projects to be improved include HEB and Kruse Tennis Courts, Heritage Park Cultural Center, and Parks Operation Maintenance Facility. Key Services / Activities/Programs included: • ADA Trash Pick -up program currently services approximately 320 citizens with disabilities and in FY 09 -10, 46 new clients were added to this program. -254- • Parks & Rec Summer Programs are inclusive and include Captioned Movies, Latch Key programs, swim lessons, etc, for all. • ADA Parking Monitor is a program beginning its 6th year and currently has a volunteer force of 12 to 15 citizens that average 60 citations issued per month for vehicles illegally parked in ADA designated parking spaces. • Browsaloud software added to City's web page to allow better access for persons with visual impairments. • Beach accessibility enhanced thru addition of mobi -mat and mobi beach wheelchair. • Human Relations Staff responded to 72 citizen Accessibility Grievances and 218 requests for Technical Assistance. Public curb ramps improvements to remove physical/architectural barrier are prioritized in the Transition Plan and reflect a priority of : 1. State and local government offices and facilities 2. Transportation 3. Places of public accommodation 4. Employers 5. Walkways serving other areas Public curb ramps construction may also occur under the following circumstances that include the (1) completion of comers of an intersection where only some ramps have been constructed, and (2) request by a citizen for any area where there is a demonstrated need. The Committee For Persons With Disabilities(CFPWD) assists the City in reviewing and recommending curb ramp locations. CFPWD recommended 13 of 25 projects on ADA Improvements Bond 2008 --- Groups 1 and 2 (e.g., South Texas Lighthouse For The Blind sidewalk and ramps, Trinity Towers curb ramp, Texas Trail sidewalk and ramps, etc.) Public curb ramp significant projects in FY 09 -10 that addressed and/or included curb ramp improvements (completed or under construction) included Everhart Road (phase 1), Bayfront Development Project, Staples Street (Leopard to 5 Points), Greenwood Drive, North Port Avenue, and Tarlton Avenue. Public curb ramps improvements and accessibility within the City were also assisted by efforts of our key partners. These efforts included TxDOT curb ramp project along 11137, Leopard, and other areas nearby that will result in 500+ new curb ramps and RTA's stimulus project of installing 300+ landing pads and ADA ramps. Many of these will include curb ramps to the related bus stop and landing pad. Additionally, Stripes Stores and Valero Stores have committed to reviewing their business locations and insuring accessibility thru ADA parking and ramps at their respective Iocations. Combined City, RTA, and TxDOT efforts will result in 1200+ ADA compliant curb ramps in the City — approximately $7.5 million spent on ADA compliance within this reporting period. Partner monthly meetings of City (Engineering Services, Traffic Engineering, Human Relations, Development Services), RTA, TxDOT, and MPO have led to more coordinated efforts relative to accessibility within the City. Site Development relates to the efforts of Development Services to ensure that access in new subdivision/commercial development projects that reflects accessible ramps and that these new construction and alteration projects also meet all physical accessibility requirements. The Human —255— Relations Department and the CFPWD are advised on major development projects and provided an opportunity for input relative to ADA accessibility on a monthly basis. Outreach and training efforts included City Supervisor /employee and community training on diversity awareness, sensitivity training, and People First language training. In FY 09 -10,17 sessions were presented by the Human Relations department staff; partnering with DARS (Department of Assistive & Rehabilitative Services) and TRAN (Texas Rehabilitative Action Network, in sponsoring Disability Employment Awareness Month Conference and the Walk `N Roll celebration recognizing the 20th anniversary of the signing of the ADA; developed, with the CFPWD, ADA criteria for the ADA Accessible Business Recognition Awards; assisted the General Land Office in utilization of the mobi -mat at the dedication of the Veterans Cemetery site; and assisted Central Library in insuring additional ADA parking for 100th Anniversary Celebration. ADA future project/activities include completion of the Miracle league Baseball Field which is a joint project of Parks & Recreation and local Rotary Clubs; development of a Local ordinance reference curb ramps requirements; training of Development Services and Engineering staff on the Texas Accessibility Standards; initiation of CFPWD ADA Accessible Business Awards program; enhancement of the ADA Parking Monitors program; National Parks Service ADA complaints resolution; city facilities ADA accessibility re- evaluation; Transition Plan evaluation and revision; and ADA Master Plan community "roll- out ". Employment Discrimination resolution under our EEOC contract resulted in the department completing 104 closures by September 31, 2010 — this was an increase of 20 closures over 2009 year end. In these closures, 18.2% resulted in settlements (monetary, job reinstatements, positive references, employee training, etc.) with $222,546 in monetary settlements. 31.8% resulted in "no cause" findings. Retaliation (36.8 %) and Sex (34.2 %) are the major allegations of discrimination. 112 charges referred to EEOC because of jurisdictional basis (age, governmentalleducational entity, outside of city limits) and three of these already resolved in Federal Courts with settlements of $265,750. A 26% increase in EEOC charge filings is being experienced locally and nationally. Fair Housing Discrimination under our HUD contract (ending June 30th) resulted in 45 complaints closed for credit — an increase of 12 over 2009. Of these closures, 42% (19 of 45) were resolved with conciliation remedies that included rent deposits returned, repairs made, relocations expenses paid, utility payments returned/adjusted, etc.. 57.7% were "no cause" determinations after investigation. Handicap (32 %) and Familial Status (24 %) are the major basis of Fair Housing complaints. One major Fair Housing case resolved (voluntarily) with a multi- family operation reflects a multi- year compliance plan valued at $250,000 that includes accessible sidewalks to mail center, laundry center, and trash bins plus ADA parking and curb ramps. This case will be highlighted in HUD's 2010 -2011 Annual Report. John Trasvina, HUD Assistant Secretary for Fair Housing and Equal Opportunity issued a letter of recognition (August 11, 2010) to the department that cited "HUD's partnership with CCHRO (Corpus Christi Human Relations Office) has been consistently positive (since 2004) ... has investigated, conciliated, and litigated 161 complaints of housing discrimination that arose in Corpus Christi ... secured various forms of relief for victims of housing discrimination including over $600,000 in monetary compensation ... has secured affirmative and public interest relief, as well as reasonable accommodations and reasonable modifications for people with disabilities...". —256— Public Accommodation Discrimination in FY 2009 -2010 reflected that Race (30 %) and Disability (30 %) are the major basis for these complaints. Two of 15 were resolved during this reporting period and 4 investigations are in progress. We had 5 failure to cooperate (file complaint and never return for investigation), 3 were lack of jurisdiction and referred to other appropriate agencies, and 1 complaint was withdrawn. A sample of these public accommodation complaints involved a male with hearing and speech impairments who was denied the use of and banned from public transportation services by the area Security Officer. The Officer assumed that because the individual did not respond when spoken to that he was being uncooperative and argumentative. The investigation revealed that the Security officer was not aware of this individual's disabilities and was confusing him with his brother as well. The ban was lifted for him. Our department staff consists of: • 1 Director and City -wide ADA Coordinator • 1 ADA Investigator and Public Accommodations Compliance Officer • 1 Fair Housing Compliance Officer • 2 EEOC Intake and Investigative Compliance Officers • 1 Management Aide and ADA Trash Pick -up Program Coordinator We are assisted in many of our program efforts by our Human Relations Commission and the Committee For Persons With Disabilities. Additionally, City departments , including Solid Waste, Engineering Services, Development Services, and Neighborhood Services provide tremendous aid and support to our efforts. —257— 4 trg • • • • • • c O O ca p E 46 •_ p L '_ a) L Z5 E cn co O Q c v 'i u) o ._ O Q a }' E .v cn cn O ca >+ ✓ :PU1 'CU v p � 2 ._ ca E E .- z m o. 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