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Agenda Packet City Council - 05/10/2011
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' ta ow. • 8:30 A.M. - Public Notice is hereby given that the City Council will meet in Workshop Session on Tuesday, May 10, 2011 at 8:30 a.m. in the Council Chambers, 1201 Leopard Street, Corpus Christi, Texas to receive and discuss an FY 2012 Budget briefing on the following topics: 1) Employee Compensation and Benefits, 2) Performance Metrics System /Balanced Scorecard, 3) Contract Cost Management. 11:45 A.M. - Proclamation declaring May 12, 2011 as "Chemical Awareness Day" Proclamation declaring May 16, 2011 as "National Peace Officer's Memorial Day" and May 15 -21, 2011 as "National Police Week" Proclamation declaring the week of May 9 -13, 2011 as "Space Science Week" Proclamation declaring the week of May 7 -15, 2011 as "National Tourism Week" Proclamation declaring the month of May 2011 as "Asthma Awareness Month" Proclamation declaring the month of May 2011 as "Motorcycle Safety and Awareness Month" Swearing -in Ceremony of City Manager, Ronald L. Olson AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 MAY 10, 2011 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 llmitado, 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 Chaplain Lynne Blackler, Christus Spohn Health System. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: Chris N. Adler City Manager Ronald L. Olson Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Mark Scott Linda Strong Agenda Regular Council Meeting May 10, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of April 26, 2011. (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: 2. (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) a. Resolution authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,978.42 to be used for the purchase of equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. (Requires 2/3 vote) (Attachment # 2) Agenda Regular Council Meeting May 10, 2011 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating $2,978.42 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. (Requires 2/3 vote) (Attachment # 2) 3. Ordinance appropriating a grant from the March of Dimes in the amount of $2,000 in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for community awareness publications to be provided by the board. (Requires 2/3 vote) (Attachment # 3) 4. Resolution authorizing the City Manager or designee to execute an Interlocal. Cooperation Agreement with the Corpus Christi Regional Transportation Authority for Information Technology System management assistance with term from December 13, 2010 to July 31, 2011 with reimbursement of City's costs, and ratifying effective date of December 13, 2010. (Requires 2/3 vote) (Attachment # 4) 5. Motion authorizing the City Manager or designee to execute a Change Order No. 2 to the construction contract with Bay, Ltd of Corpus Christi, Texas in the amount of $219,219.68 for a total restated fee of $2,351,818.45 for the Police Vehicle Impound Facility, Phase 1 Project to add a storm water maintenance ramp and other improvements. (BOND ISSUE 2008) (Requires 2/3 vote) (Attachment # 5) 6. Motion authorizing the City Manager or designee to execute a Change Order No. 1 to the construction contract with J. S. Haren Company of Athens, Tennessee, in the amount of $119,942.26 for a restated not to exceed amount of $1,1 00,942.26 for pipe supports, valves, plug valves, piping, bypass pumping, electrical modifications, additional liner installations, flow controls and other modifications for the Lift Station Rehabilitation 2009 — Peary Place Lift Station, Clarkwood South Lift Station, Williams Lift Station, Wooldridge Lift Station, Coquina Bay Lift station, and Laguna Shores Lift Station for the Total Base Bid Parts A, B, C, D, E, F and G. (Wastewater CIP 2010) (Requires 2/3 vote) (Attachment # 6) Agenda Regular Council Meeting May 10, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Motion authorizing the City Manager or designee to execute Change Order No. 1 to the construction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount of $48,021.70 for a restated not to exceed total amount of $3,279,021.70 for the Corpus Christi International Airport Terminal Building Rehabilitation project for Base Bid only for the expansion of the Federal Inspection Services (FIS) area for new emergency egress stairwell, additional dewatering, modifications of duct work and ceiling grid furr -down. (Requires 2/3 vote) (Attachment # 7) 8. Motion approving the application for street closure from Corpus Christi Road Runners to temporarily close the following street sections for the 36th Annual Beach to Bay Relay, to take place, Saturday, May 21, 2011. (Attachment # 8) a. The temporary street closure of the north bound lanes of Shoreline Boulevard between Furman Street and Coopers Alley, beginning at 5:00 p.m. Friday, May 20, 2011 and ending at 5:00 p.m. Saturday, May 21, 2011. b. The temporary street closure of Park Avenue between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 5:00 p.m. Friday, May 20, 2011 and ending at 5:00 p.m. Saturday, May 21, 2011. c. The temporary street closure of Kinney Street between southbound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 5:00 p.m. Friday, May 20, 2011 and ending at 5:00 p.m. Saturday, May 21, 2011. 9. Ordinance abandoning and vacating a 250 - square foot portion of an existing utility easement out of the Amending Plat for Summer Wind Village Phase 1, Block 7, Lot 46R, located west of and adjacent to the Aaron Drive public street right -of -way; requiring the owner, Extreme Homes of Texas, L.L.C., to comply with the specified conditions. (Attachment # 9) 10. Ordinance abandoning and vacating a 41,173 - square foot portion (0.9452 acre) of an existing 60 -foot wide access and utility easement out of Port Addition, Block 1, Lot 3, located north of the North Port Avenue public street right -of -way; requiring the owner, Port of Corpus Christi Authority, to comply with the specified conditions. (Attachment # 10) Agenda Regular Council Meeting May 10, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. Second Reading Ordinance - Adopting a Unified Development Code (UDC). by merging and modifying the existing Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and Highway Beautification Ordinance into one code; repealing the existing Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and Highway Beautification Ordinance; providing for the preservation of former Developmental Regulations Violations; repealing conflicting ordinances; amending conflicting provisions of the City's Comprehensive Plan; providing notice procedures for a City -wide Zoning Map Amendment after a joint hearing of the Planning Commission and the City Council; and providing for publication and an effective date. (First Reading 04/26/11) (Requires 2/3 vote) (Attachment # 11) EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 12. Executive session under Texas Government Code Section 551.071 (2) Consultation with Attorney regarding a matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct and under Volume 31 U.S.C. clearly conflicts with the requirements of Chapter 551 of the Texas Government Code. J. PUBLIC HEARINGS: ZONING CASES: 13. Case No. 0111 -01, Staples Development, LLC: A change of zoning from the "R -1 B" One - family Dwelling District to the "A -1" Apartment House District resulting in a change of future land use form a low- density residential use to a medium - density residential use. The property to be rezoned is 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Agenda Regular Council Meeting May 10, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street. (Requires 2/3 vote) (Attachment # 13) Staff's Recommendation: Denial of the applicant's request, and in lieu thereof, approval of a change in zoning from the "R -1 B" One - family Dwelling District to the "R -2" Multiple Dwelling District for Tract A of the subject property, the "A -1" Apartment House District for Tract B of the subject property and the "R -1C" One - family Dwelling District for Tract C. Planning Commission's Recommendation: Denial of the applicant's request, and in lieu thereof, approval of a change in zoning from the "R-1B" One - family Dwelling District to the 'R -2" Multiple Dwelling District for Tract A of the subject property and the "A -1" Apartment House District for Tract B of the subject property. ORDINANCE Amending the Zoning Ordinance, upon application by Staples Development, LLC, by changing the Zoning Map in reference to 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street, from the "R-1B" One - Family Dwelling District to the "R -2" Multiple Dwelling District for Tract A and "A- 1" Apartment House District for Tract B, resulting in a change of future land use from a low- density residential use to a high - density residential use for Tract A and a medium - density residential use for Tract B;. amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. 14. Case No. 0411 -01: Kill Operating Company, LLC.: A change of zoning from the "B -4" General Business District to the "B -5" Business District not resulting in a change of future land use. The property to be rezoned is Mt. Vernon Subdivision, Unit 1, Lot D, located between South Padre Island Drive (State Highway 358) and Mount Vernon Drive, east of Prinston Drive. (Requires 2/3 vote) (Attachment # 14) Agenda Regular Council Meeting May 10, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission's and Staffs Recommendation: Approval of the applicant's request for a change in zoning from the "B -4" General Business District to the "B -5" Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Klll Operating Company, LLC, by changing the Zoning map in reference to Mt. Vernon Subdivision, Unit 1, Lot D, located between South Padre Island Drive (State Highway 358) and Mount Vernon Drive, east of Prinston Drive, from the "B -4" General Business District to the "B -5" Business District, not resulting in a change of future land use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 15. Motion authorizing the City Manager or designee to execute a construction contract with Safenet Services, LLC of Corpus Christi, Texas in the amount of $1,066,500 for the Cole Park Renovations and Improvements RE -BID for the Base Bid only. (BOND ISSUE 2008) (Requires 2/3 vote) (Attachment # 15) 16. a. Motion authorizing the City Manager or designee to purchase Microsoft Windows Server Client Access licenses for 2,800 users from Dell Corporation, of Austin, Texas, in the amount of $24,556 per year for three years for a total cost not to exceed $73,668. Dell Incorporated is a State of Texas DIR recognized vendor, #D1R -SDD -1014. (Requires 2/3 vote) (Attachment # 16) b. Motion authorizing the City Manager or designee to purchase • subscriptions for Microsoft hosted Exchange e- mail licenses and hosted e-mail archival licenses for 2,800 users from Dell Corporation, of Austin, Texas, in the amount of $218,213 per year for three years for a total cost not to exceed $654,639. Dell Incorporated is a State of Texas DIR recognized vendor, #DIR - SDD -1014. (Requires 2/3 vote) (Attachment # 16) Agenda Regular Council Meeting May 10, 2011 Page 8 17. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) c. Motion authorizing the City Manager or designee to purchase services from Dell Incorporated, of Austin, Texas in the amount of $88,190 for the migration of systems from Netware /Novell to Microsoft Active Directory/Exchange. Dell Incorporated is a State of Texas DIR recognized vendor, #DIR -SDD -890. (Requires 2/3 vote) (Attachment # 16) d. Motion authorizing the City Manager or designee to purchase 2,800 Quest software licenses from Dell Incorporated, of Austin, Texas for use in the migration process of Item C in the amount of $55,580. Dell Incorporated is a State of Texas DIR recognized vendor, #DIR -SDD -890. (Requires 2/3 vote) (Attachment # 16) a. Resolution authorizing the City Manager or designee to accept a grant of $777,964 from the U. S. Department of Housing and Urban Development (HUD) for the 2010 HOME Program and to execute all related and necessary documents for the Costa Tarragona II Project. (Requires 2/3 vote) (Attachment # 17) b. Ordinance appropriating a grant of $777,964 from the U. S. Department of Housing and Urban Development in the No. 9045 Grant Fund for the 2010 HOME Program for the Costa Tarragona H Project. (Requires 2/3 vote) (Attachment # 17) (RECESS REGULAR COUNCIL MEETING) L. CITY CORPORATION MEETINGS: 18. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ( CCCIC): (Attachment # 18) AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION (CCCIC) REGULAR MEETING DATE: Tuesday, May 10, 2011 TIME: During the meeting of the City Council beginning at 12:00 p.m. Agenda Regular Council Meeting May 10, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call the meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers Nelda Martinez, President Vacant, General Manager Chris N. Adler, Vice President Armando Chapa, Secretary Joe Adame Mary Juarez, Asst. Secretary Larry Elizondo, Sr. Vacant, Treasurer Kevin Kieschnick Constance P. Sanchez, Asst. Treas. Priscilla Leal John E. Marez Mark Scott 3. Motion to appoint Ronald L. Olson as General Manager. 4. Approval of the minutes of July 13, 2010. 5. Approval of the financial report. 6. Motion authorizing the General Manager or designee to execute a FY 2010 -2011 Sub - recipient funding agreement between the Corpus Christi Community Improvement Corporation and Costa Tarragona 11 for $777,964 from the HOME Investment Partnerships (HOME) Program and to execute all related and necessary documents. 7. Public Comment 8. Adjournment 19. CORPUS CHRISTI HOUSING FINANCE CORPORATION jCCHFC): (Attachment # 19) AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION (CCHFC) REGULAR MEETING Agenda Regular Council Meeting May 10, 2011 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) DATE: Tuesday, May 10, 2011 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 the meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors John E. Marez, President Kevin Kieschnick, Vice Pres. Joe Adame Chris Adler Larry Elizondo, Sr. Priscilla Leal Nelda Martinez Mark Scott Officers Vacant, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Vacant, Treasurer Constance P. Sanchez, Asst. Treas. 3. Motion to appoint Ronald L. Olson as General Manager. 4. Approval of the minutes of October 19, 2010. 5. Approval of the financial report. 6. Resolution authorizing the execution of documents in connection with the award of Low - Income Housing Tax Credits in the amount of $1,333,459, loan funds in the amount of $8,350,000 from Sterling Bank, HOME funds in the amount of $500,000 from the Texas Department of Housing and Community Affairs, HOME funds in the amount of $777,964 from the Corpus Christi Community Improvement Corporation, and loan funds in the amount of $150,000 from Capital Area Housing Finance Corporation for the Costa Tarragona II Project; authorizing the execution of an amended and restated agreement of Limited Partnership for Costa Tarragona II, Ltd., in connection with the admission of an affiliate of Raymond James Tax Credit Funds, Inc. as a limited partner; authorizing the General Manager and the President, Vice - President and Secretary of the Corpus Agenda Regular Council Meeting May 10, 2011 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Christi Housing Finance Corporation to take all necessary actions in connection with the development of the Costa Tarragona 11 Project. 7. Public Comment S. Adjournment (RECONVENE REGULAR COUNCIL MEETING) M, PRESENTATIONS: (NONE) 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 1S NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. Agenda Regular Council Meeting May 10, 2011 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 0. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulleti bard at the front entrance to City Hall, 1201 Leopard Street, at . b p.m,, on May 5, 2011. 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 Ita 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 11 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 April 26, 2011 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: Chris Adler Larry Elizondo, Sr. ** Kevin Kieschnick John Marez Mark Scott Linda Strong* ABSENT Priscilla Leal *Arrived at 12:32 p.m. * *Arrived at 1:38 p.m. City Staff: Interim City Manager Margie C. Rose 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 Council Member Martinez and the Pledge of Allegiance to the United States flag was led by Council Member Marez. 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 Workshop meeting of April 12, 2011 and the regular Council meeting of April 19, 2011. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 2 - 18). There were no comments from the public. Council members requested that Items 4, 5, 7, 8,12 and 15 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2011 -096 Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for approximately 3,755 non -shear flexible couplings ranging in size from 3" to 10 ", in accordance with Bid Invitation No. BI- 0030 -11, based on low bid, for an estimated annual expenditure of $76,069.52 of which $19,017.38 is budgeted for FY10 -11. The term of the contract is for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the contractor and the City Manager, or designee. These items are purchased into the Warehouse Inventory and charged out to the Wastewater Department. The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Elizondo, Leal, and Strong were absent. —1— Minutes — Regular Council Meeting April 26, 2011 — Page 2 3. MOTION NO.2011 -097 Motion approving a service agreement with Caroma USA, Inc. of Wilmington, Delaware, for administration of a high - efficiency toilet distribution program, in accordance with Request for Proposal BI- 0084 -11, for a period of one year with options to extend for up to two additional one -year periods, subject to the approval of the provider and the City Manager or designee, for a total one -year expenditure of an amount not to exceed $201,535, of which no funding is required for the remainder of FY 2010 -2011. This service will be used by the Water Department to distribute high - efficiency toilets to qualifying residents in the City of Corpus Christi. Funding is available through the Community Enrichment Grant Fund. The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Elizondo, Leal, and Strong were absent. 6. RESOLUTION NO, 029034 Resolution authorizing the City Manager or designee to submit a grant application in the amount of $60,000 to the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program to improve the quality and timeliness of forensic science and medical examiner services and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Elizondo, Leal, and Strong were absent. 9. MOTION NO.2011 -099 Motion authorizing the City Manager or designee to execute Amendment No. 5 to the professional engineering services contract with Jacobs Engineering Group, Inc. of Ft. Worth, Texas in an amount not to exceed $74,323 for a restated not to exceed total fee of $1,061,960.50 for the Corpus Christi International Airport Task 8 Runway Alternative Study — Safety Risk Management Assessment for the Corpus Christi International Airport. The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Elizondo, Leal, and Strong were absent. 10. MOTION NO. 2011 -100 Motion authorizing the City Manager or designee to execute Amendment No. 29 to the Professional Engineering . Contract for design and construction management/inspection services with Pierce, Goodwin, Alexander, Linville, (PGAL), Inc. of Houston, Texas in the amount of $503,1 27.42 for a restated not to exceed total contract amount of $4,750,927.50 for the Corpus Christi international Airport Communications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgrades. The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Elizondo, Leal, and Strong were absent. —2— Minutes — Regular Council Meeting April 26, 2011 — Page 3 11. MOTION NO. 2011 -101 Motion authorizing the City Manager or designee to execute a construction contract with Elite General Contractors, LLC of Corpus Christi, Texas in an amount of $192,000 for the J. C. Elliott Scale House Replacement Project for the Base Bid. The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Elizondo, Leal, and Strong were absent. 13. MOTION NO. 2011 -102 Motion authorizing the City Manager or designee to execute an Agreement for Construction Materials Testing and Engineering Services with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $69,063 for Up River Road Improvements from IH 37 exit near Rand Morgan Road to IH 37 exit near Crosstown Expressway (inside City limits only). (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Elizondo, Leal, and Strong were absent. 14.a. RESOLUTION NO. 029038 Resolution authorizing the City Manager or designee to execute a Local Project Advance Funding Agreement for a Hazard Elimination /Safety Project (Traffic Signals) with the Texas Department of Transportation for the installation of traffic signals at the intersection of FM 43 (Weber Road) and Yorktown Boulevard, with City participation costs for engineering design services in the amount of $43,000. (BOND ISSUE 2008) The foregoing resolution was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Elizondo, Leal, and Strong were absent. 14.b. RESOLUTION NO. 029039 Resolution authorizing the City Manager or designee to execute a Local Project Advance Funding Agreement for a Hazard Elimination /Safety Project (Traffic Signals) with the Texas Department of Transportation for the installation of traffic signals at the intersection of SH 357 (Saratoga Boulevard) and Patti Drive, with City participation costs for engineering design services in the amount of $43,000. (BOND ISSUE 2004) The foregoing resolution was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Elizondo, Leal, and Strong were absent. 16. ORDINANCE NO. 029041 Waiving Council Policy 6.c; naming of the beach adjacent to the seawall abutting Windward Drive in Corpus Christi as "Michael J. Ellis Beach"; and the naming of the section of the seawall adjacent to the Windward Drive parking lot as the "Michael J. Ellis Seawall ". (First Reading- 04/19/11) -3- Minutes — Regular Council Meeting April 26, 2011 — Page 4 The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Elizondo, Leal, and Strong were absent. 17. ORDINANCE NO. 029042 Appropriating $1 93,800 in the Fund No. 3350 "Public Health and Safety CIP Fund" from anticipated reimbursements to be paid by the Corpus Christi Independent School District in accordance with the Interlocal Cooperation Agreement, for the demolition, clearance, and other charges associated with the relocation of Fire Station No. 5; changing the FY 2011 Capital Budget adopted on March 8, 2011 by Ordinance No. 028995 to increase revenues and appropriations by $193,800 each. (First Reading — 04/19/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Elizondo, Leal, and Strong were absent. 18. ORDINANCE NO. 029043 Abandoning and vacating a 25,743.96 - square foot portion (0.591 acres) of a 20 -foot wide undeveloped, dedicated public right -of -way, out of Lots 8 & 9, Section 28, Flour Bluff and Encinal Farm & Garden Tracts, said public right of way, being located south of the South Padre Island Drive (SH 358) state right -of -way, subject to compliance with the specified conditions. (First Reading — 04119111) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Elizondo, Leal, and Strong were absent. Mayor Adame opened discussion on Item 4 regarding the lease purchase of one (1) Bomag 4 -6 ton steel wheel roller with towing package for the Street Department. Council Member Kieschnick asked questions regarding the reason for ordering the roller now prior to the 2012 budget being approved. Assistant Director of Financial Services Michael Barrera stated that the equipment is listed in the current Capital Budget but will be funded out of next budget year because it was ordered so late. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2011 -098 Motion approving the lease- purchase of one (1) Bomag 4 -6 ton steel wheel roller with towing package from Waukesha - Pearce Industries, Inc., Corpus Christi, Texas for a total amount of $67,705.75. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). Financing for the steel wheel roller will be provided through the City's lease - purchase financing program. Funds have been requested for FY 2011 -2012. This unit is a replacement to the fleet. The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Elizondo, Leal, and Strong, were absent. Mayor Adame opened discussion on Item 7 regarding the appropriation of funds for the American Bank Center Naming Rights. In response to Council Member Kieschnick, Interim Director of Financial Services Constance Sanchez clarified that the revenues would increase by $5,000 and the expenditures would increase by $5,000. —4— Minutes -- Regular Council Meeting April 26, 2011 — Page 5 City Secretary Chapa polled the Council for their votes as follows: 7. ORDINANCE NO. 029035 Ordinance appropriating $5,000 of American Bank Center Naming Rights Revenue in the Fund No. 1020 General Fund; approving the transfer of $5,000 from the Fund No. 1020 General Fund to the Fund No. 4710 Visitors Facilities Fund; appropriating $5,000 in the Fund No. 4710 Visitors Facilities Fund; and changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase revenues and appropriations by $10,000 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Elizondo, Leal, and Strong were absent. Mayor Adame opened discussion on Item 5 regarding the Automobile Theft Prevention Authority. Council Member Adler addressed this item on behalf of Council Member Strong and asked questions regarding the City's match for the grant and the number of employees funded. Ms. Adler stated that Council Member Strong wanted to make sure that there is a financial benefit to the City for investing this much money into the program. PaulaKay Olivarez, Auto Theft Task Force, stated that the program is working extremely well and there is a 67% decrease in auto theft since the inception of the program. Ms. Olivarez added that the grant provides funding for three (3) officers, three (3) civilians, and direct operating expenses and the City match provides for the funding of three (3) sworn officers. Council Member Marez stated that the Auto Theft Task Force does tremendous work in the community. City Secretary Chapa polled the Council for their work as follows: 5. RESOLUTION NO. 029033 Resolution approving the submission of a grant application in the amount of $401,472 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 11 with a City cash match of $441,505, in -kind services of $14,019, and program income match of $9,224 for a total project cost of $866,220 and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Elizondo, Leal, and Strong were absent. Mayor Adame opened discussion on Item 8 regarding the acceptance of an anonymous donation in the amount of $300,000 for the decorative lighting of the Harbor Bridge project. Mayor Adame announced that a press conference was held prior to the meeting announcing American Bank as the anonymous donor. Council Member Kieschnick thanked American Bank for their contribution however stated that he would be voting against the unnecessary spending. There was a consensus of the Council to postpone the vote on this item until later in the meeting. Mayor Adame opened discussion on Item 12 regarding the Memorial Coliseum Demolition. Council Member Adler asked questions regarding the purpose of the Amendment to the contract with R.H. Shackelford, inc. Director of Engineering Services Pete Anaya explained that the amendment is being requested to assist with additional construction management issues that resulted from the delay of the execution of the demolition contract and working with the bonding company. Mr. Anaya stated that the $28,000 for the amendment would be offset by the $70,000 of Minutes — Regular Council Meeting April 26, 2011 — Page 6 construction liquidated damages assessed on the project. The following topics pertaining to this item were discussed: the total amount of the project costs with R.H. Shackelford; the project management team's assistance with negotiations between the bonding company and the construction company; whether the services can be performed in- house; Shackelford's expertise on demolition; the construction liquidated damages (credits); the original budget for the Memorial Coliseum demolition; the total net funding the City is paying; and the status with the bonding company. Council Member Kieschnick requested a breakdown of the demolition project budget. Council Member Scott recommended delaying this item until later in the meeting to review the breakdown of funds. Mayor Adame opened discussion on Item 15 regarding the Wooldridge Road Street Project - Rodd Field to Quebec. Council Member Adler asked questions regarding the eminent domain procedures and the size of the right -of -way. Director of Engineering Services Pete Anaya explained that the City has acquired 10 out of 11 parcels of land for the Wooldridge Road Street Project. Mr. Anaya reported that the City has been in negotiations and reached an impasse with Wooldridge Medical Investors. He stated that staff is requesting approval of the resolution authorizing condemnation procedures, if necessary. In response to Council Member Marez, Mr. Anaya stated that staff is still working towards a resolution and will continue negotiations. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 029040 Resolution determining that a public necessity exists to acquire a Right -of -Way Easement on Parcel 2, containing 0.129 -acres (5,628.6 SF) out of Lot 2 -R, Block 1, of the Forum Mali Addition, as shown on plat recorded in Volume 53, page 115, map records of Nueces County, TX from the owner of record, Wooldridge Medical Investors, LLC, for the Wooldridge Road Street Project — Rodd Field to Quebec Drive ( #6493), for the public purpose, use and construction of street improvements, and for other related public, street, and drainage purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcel by means of negotiations or by exercise of the City's power of eminent domain. (BOND ISSUE 2008) The foregoing resolution was passed and approved with the following vote: Adame, Adler, Kieschnick, Martinez, Scott, and Strong, voting "Aye"; Marez voting "No "; Elizondo, and Leal were absent. * * * * * * * * * * * * * Mayor Adame opened discussion on Items 21 and 22 regarding the Del Mar Aviation Maintenance Technician Training. Emily Martinez, Corpus Christi Regional Economic Development Corporation (EDC), introduced the presentation team including Dr. Mark Escamilla, President of Del Mar College; Director of Aviation Fred Segundo; Bud Harris, Dean of Center for Economic Development at Del Mar College; and Larry Demieville, WorkForce Solutions of the Coastal Bend. Ms. Martinez explained that this item is part of the supplemental agreement between the City and the EDC and has not been presented to the EDC Board of Directors for review or approval. Ms. Martinez explained that the City received a proposal from Del Mar College requesting $941,270 from the Corpus Christi Business and Job Development Corporation to expand its current Aviation Technician program. Ms. Martinez added that Del Mar is proposing to expand its aviation maintenance technician program by renovating a current hanger not being used at the Corpus Christi International Airport. -6- Minutes — Regular Council Meeting April 26, 2011 — Page 7 Dr. Escamilla provided information on the aviation maintenance technician program; the demand for technicians; and the joint partnership with the Airport to establish a training facility at the Airport. Mr. Harris referred to a powerpoint presentation on the reasons for the proposal; the layout of the existing Crescent Hanger; the proposed facility layout; how the facility will enhance the program; the financial commitment; and benefits. Kresten Cook, Deputy Commander for Support Operations at the Corpus Christi Army Depot (CCAD), spoke regarding CCAD's economic impact; workforce; and the occupational demands in the aviation sector. Mr. Demieville spoke regarding the demand for experienced workforce for the aviation occupation; benefits; and the salary for these jobs. Mr. Segundo explained that the Airport and Del Mar have been working on this project for three (3) years and the project has been presented to the Airport Board. Mr. Segundo provided a brief background on the Crescent Hanger and stated that the reutilization of the hanger will help develop the airport and bring in economic development. Trey McCampbell, Chairman of the Del Mar Board of Regents, spoke in support of the project and partnership. Council Member Scott expressed concern that the EDC had not reviewed this request and asked for a future item regarding the agreement between the City and the EDC. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, spoke in support of the project and the entities working together. Mr. Alonzo also thanked the Type A Board for their support on the project. Mr. Segundo provided a brief overview of the terms of the lease agreement between the City and Del Mar College. City Secretary Chapa polled the Council for their votes as follows: 21.a. RESOLUTION NO. 029045 Resolution approving a Business Incentive Agreement for job training between the Corpus Christi Business and Job Development Corporation and Del Mar College ("Del Mar"), which provides a grant of up to $941,270, for improvements to an existing hangar located at the Corpus Christi International Airport, for an Aviation Maintenance Technician Training Facility, for which Del Mar will invest at least $941,270 in hangar improvements, furniture, fixtures, and equipment and hold classes for Aviation Maintenance technicians, and authorizing the City Manager or designee to execute a Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Del Mar Business Incentive Agreement for the creation and retention of jobs. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Elizondo and Leal were absent. 21.b. ORDINANCE NO. 029046 Ordinance appropriating $941,270 from the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation to Del Mar College for renovation of a hangar, including instructional equipment and furnishings, to be used for an aviation maintenance technician training facility at the Corpus Christi International Airport; changing the FY 2010 -2011 Operating Budget, adopted by Ordinance No. 028683 by increasing proposed expenditures by $941,270. -7- Minutes — Regular Council Meeting April 26, 2011 — Page 8 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Elizondo and Leal were absent. 22.a. FIRST READING ORDINANCE Authorizing the City Manager or designee to execute a fifteen -year (15) lease with Del Mar College for the use of hangar, adjacent parking area, and office space located at the Corpus Christi International Airport for use in Del Mar College's Aviation Maintenance Technician Education Program, with an option to extend for an additional ten -year period; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Elizondo and Leal were absent. 22.b. FIRST READING ORDINANCE Amending Project Description Sequence 11, Rehabilitate East General Aviation (GA) Apron, in the Airport CIP and Project 6 in the Airport Long -Range CIP of the FY 2010 -2011 Capital Budget & Capital Improvement Planning Guide, adopted on March 8, 2011 by Ordinance No. 028995 by revising the description of the East General Aviation (GA) Apron Project. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Elizondo and Leal were absent. * * * * * * * * * * * * * Mayor Adame referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0311 -02, The NRP Group: A change of zoning from the "1 -3" Heavy Industrial District to the "B -5" Business District resulting in a change of future land use from a heavy industrial use to a commercial use. The property to be rezoned is Hawn Tract, Lots D & E, and a portion of Lot C, located between Leopard Street and Lipan Street along the east side of Palm Drive. Senior Planner Miguel Saldana referred to a powerpoint presentation including an aerial view; existing land use map; future land use map; ownership map; and views of the subject property. Mr. Saldana stated that staff recommended approval of the applicant's request for a change of zoning from the "1 -3" Heavy Industrial District to the "B -5" Business District. Mr. Saldana stated that Planning Commission recommended denial of the applicant's request for a change in zoning from the "1 -3" Heavy Industrial District to the "B -5" Business District, and in lieu thereof, approval of a Special Permit with two (2) conditions. in response to Council Member Adler, Mr. Saldana explained that staff was recommending the "B -5" zoning which allowed for the development of the apartment complex; however, the applicant did not want to lose the right to the "1 -3" and therefore Planning Commission granted a special permit for the apartment complex. Mr. Saldana added that NRP Group indicated that once the project goes through, the company will apply for the "B -5" district. —8— Minutes — Regular Council Meeting April 26, 2011 — Page 9 Brad Knolle, representative for applicant, was available to respond to questions. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Kieschnick, and passed. Mr. Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 029044 Amending the Zoning Ordinance, upon application by The NRP Group, by changing the Zoning Map in reference to Hawn Tract, Lots D & E, and a portion of Lot C, located between Leopard Street and Lipan Street along the east side of Palm Drive, from the "1 -3" Heavy Industrial District to the "I -3 /SP" Heavy Industrial District with a Special Permit and two (2) conditions, not resulting in a change of future land use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Elizondo, and Leal were absent. Mayor Adame referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the Unified Development Code: 20. Public Hearing and First Reading Ordinance to consider adopting a Unified Development Code (UDC) by merging and modifying the existing Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and Highway Beautification Ordinance into one code; repealing the existing Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and Highway Beautification Ordinance; providing for the preservation of former Developmental Regulations Violations; repealing conflicting ordinances; amending conflicting provisions of the City's Comprehensive Plan; providing notice procedures for a City -wide Zoning Map Amendment after a joint hearing of the Planning Commission . and the City Council; and providing for publication and an effective date. Assistant City Manager Johnny Perales explained that this item is the public hearing and first reading of the adoption of the UDC. Mr. Perales reported that this effort began in 2005 to consolidate and update the zoning, platting, and codes related to the development of property in the City. Mr. Perales announced that the Planning Commission approved the UDC on March 30th.. John Bell, Wood Boykin and Wolter, stated that the document has been updated and double checked and has been on the website for four (4) weeks without any continuing comments or questions. Mr. Perales said that the UDC will be a standing action item on the Planning Commission agenda to resolve any issues. Mr. Perales stated that a joint meeting between the Planning Commission and the City Council is scheduled in June to adopt the City -wide zoning map. The following topics pertaining to this item were discussed: the length of the UDC and concern with the ability to amend the UDC. Council Member Scott requested an update on the UDC in mid -July or the first meeting in August. Minutes — Regular Council Meeting April 26, 2011 — Page 10 Mayor Adame called for comments from the audience. Tim Clower stated that UDC document has been long overdue and commended everyone involved in the process. Michael Gunning, 738 Crestview, provided a background on the effort and congratulated Mr. Perales and Mr. Bell for completing the project. Mr. Gunning thanked the Council for their continued support and stated that the UDC will represent quality of growth for the future in the City. Mr. Marez made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE To consider adopting a Unified Development Code (UDC) by merging and modifying the existing Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and Highway Beautification Ordinance into one code; repealing the existing Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and Highway Beautification Ordinance; providing for the preservation of former Developmental Regulations Violations; repealing conflicting ordinances; amending conflicting provisions of the City's Comprehensive Plan; providing notice procedures for a City -wide Zoning Map Amendment after a joint hearing of the Planning Commission and the City Council; and providing for publication and an effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 23 regarding the City Council consideration of an appeal by Mr. Manuel N. Cantu, Jr.; of the Building Standards Board's decision to require demolition of a structure(s) located at Lot 4, Block 1, West End, commonly known as 1414 Leopard Street. Director of Neighborhood Services Eddie Ortega referred to a powerpoint presentation including the appeal process; a chronology of events; and pictures showing the conditions of the property during inspections. Teena Houston and John Perez with Neighborhood Services were available to respond to questions. Mayor Adame announced that Council options are to deny the appeal thereby upholding the Building Standards Board decision or sustain the appeal reversing the Building Standards Board's order in whole or in part. Mayor Adame added that a decision to sustain the appeal in whole or part, the motion shall specify in what manner to modify; the conditions upon which it is made; and the reasons therefore. Manuel N. Cantu, Jr., owner of property, stated that this property was his homestead until eight (8) years ago because of the rash of transients sleeping on the porch and breaking into the property while he and his wife were working. Mr. Cantu reported that the structure is withstanding and will withstand another 100 years; there are no cracks on the building; and no sinking -in of actual structure. Mr. Cantu also stated that he remodeled the porch last year. Mr. Cantu explained that the transients have damaged and stolen equipment from the property. Rose Cantu, 523 Airline, stated that the pictures presented are not recent and a volunteer group performed work during the summer time. Ms. Cantu added that she feels that this house is a part of the community and historical. Ms. Cantu explained that her family is currently working to place the house on the National Historical Registry and provided information on the historical use of the home. Ms. Cantu urged the Council to consider the appeal to allow her to preserve and fix the property. Ms. Cantu also stated that the -10- Minutes — Regular Council Meeting April 26, 2011 — Page 11 owners were not informed by the City that there were problems with the property at 1414 Leopard and so the property owners concentrated their efforts to demolish the property at 1420 Leopard. The following topics pertaining to this item were discussed: the date of the last inspection; the anticipated costs to restructure the property; whether the owner has received bids that include a structural analysis; the proposed use for the property; when the property owner would begin improvements to the property if an appeal is granted; concern with the deterioration of the property; and notification to the property owner for 1414 Leopard. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, stated that it is not easy to demolish someone's property however based on the presentation by staff the City has no choice but to deny the appeal. Mr. Kieschnick made a motion to deny the appeal. The motion was seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows: 23. MOTION NO. 2011 -104 Motion to deny an appeal by Mr. Manuel N. Cantu, Jr., of the Building Standards Board's decision to require demolition of a structure(s) located at Lot 4, Block 1, West End, commonly known as 1414 Leopard Street. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. Mayor Adame opened discussion on Item 25 regarding the Downtown Street (Chaparral) project. Director of Engineering Services Pete Anaya introduced the presentation team including Raymond Gignac with Gignac & Associates and Carl Crull with I-1DR Engineering. Mr. Anaya explained that this is item is for the design of the project and allows the City to go out for bids on Chaparral Street. Mr. Anaya reported that the project would be bid two ways including a complete closure and a partial closure. Mr. Anaya also stated that the City is going to resubmit the U.S. Department Economic Development Administration (EDA) grant in the amount of $3.7 million. Mr. Gignac referred to a powerpoint presentation including the proposed design for the crosswalks, intersections parking and travel lanes; sidewalk paving; an aerial view; a realistic view of intersection; example of catenary lighting; and the proposed schedule. The following topics pertaining to this item were discussed: the EDA grant funding; status of the kiosks at the Bayfront Park; start of construction date; and landscaping. Council Member Martinez requested a future agenda item on the kiosks at the Bayfront Park. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. MOTION NO. 2011 -103 Motion authorizing the City Manager or designee to execute Amendment No. 2 to the Contract for Professional Services with Gignac Architects of Corpus Christi, Texas, in the amount of $407,503, for a total re- stated fee of $757,883 for the Downtown Street (Chaparral) project. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. —11— Minutes — Regular Council Meeting April 26, 2011 — Page 12 Mayor Adame opened discussion on Item 24 regarding the adoption of the FY2011 -2012 Consolidated Annual Action Plan. Director of Neighborhood Services Eddie Ortega reported that the City has received the further estimates from the U.S. Department of Housing and Urban Development with a reduction of 16 1/2 % and highlighted the following changes: an additional reduction for CDBG- Program Administration in the amount of $30,315 for a total funding level of $401,309; a reduction of CDBG -Cade Enforcement Program in the amount of $25,000; a reduction of $25,000 for the CDBG- Comprehensive Planning Assistance Program; funding of $100,000 for the CDBG -Ethel Eyerly Senior Center by eliminating funding from the CDBG - Neighborhood Initiative Program & Model Block Revitalization Program in the amount of $100,000 (working on the assumption that have available funding from previous years to support this year); reduction of $25,000 for CDBG - Rehabilitation Services; funding for CDBG - Amistad Community Health Center in the amount of $31,024; reduction from CDBG- Coastal Bend Alcohol & Drug Rehabilitation Center d /b /a Charlie's Place in the amount of $31,024; and a reduction of $5,766 to all of the agencies recommended for funding with the exception of CDBG -Boys and Girls Club which was reduced in the amount of $5,756. Mr. Ortega announced that the Emergency Shelter Grant (ESG) program received an additional $56,424 and each ESG program received an additional $5,936 with the exception of the ESG - Administrative Costs which received an additional $2,811. Mr. Ortega announced that the HOME program received an additional $4,174 and highlighted the following changes: HOME Administration/Technical Assistance receiving an additional $7,745 for a total of $156,662; HOME - Major Rehabilitation program receiving a total of $764,965; HOME - Nueces County Community Action Agency receiving a total of $300,000; and The Palms at Leopard will be recommended for funding in the amount of $865,000. Mr. Ortega reported that after the last meeting, staff recommended funding Dolphin's Landing and The Palms at Leopard equally, however, after checking with the Texas Department of Housing and Community Affairs, it was determined that the City essentially needs to support one project so that the project can receive the 16 points for tax credits. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, stated that MHMR is extremely grateful for the funding that was provided. Eric Martinez, Association Coordinator for the World Changers Projects, thanked Mr. Ortega and Neighborhood Services employees Diana Garza and Tony Recio for their support of the World Changers Project and the CDBG - Neighborhood Initiative Program & Model Block Revitalization Project. Mr. Martinez asked the Council to continue to support the use of anticipated funds available for the Model Block Program. Therese Perez, Corpus Christi Hope House, expressed gratitude for the funding provided for the shelter. Michael Wynn, Atlantic Housing, spoke on behalf of Dolphin's Landing and thanked the Council for listening to concerns during the April 12th meeting. Council Member Martinez reiterated that staff was not supporting funding for Dolphin's Landing. Jaime Nodarse, Amistad Community Health Center, thanked the Council for their reconsideration for funding CDBG - Amistad Community Health Center. Mark Lechner, Lexington Vista and Palm Gardens, stated that it was hard to argue with staffs recommendation for their support to one HOME project to receive tax credits. Mr. Lechner provided information on both proposed projects and requested that Council consider a mechanism to transfer HOME funds to the project that gets awarded by TDHCA. Jose Mascorro, Housing and Community Services, spoke regarding The Palms at Leopard Project and thanked staff for their hard work on this project and the importance of the City supporting the project 100% to ensure tax funding does come to the City of Corpus Christi. Mr. Scott made a motion to amend the Consolidated Annual Action Plan to include changes as recommended by staff in today's handout. The motion was seconded by Mr. Elizondo. Minutes — Regular Council Meeting April 26, 2011 — Page 13 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent. City Secretary Chapa polled the Council for their votes as follows: 24. RESOLUTION NO. 029047 Resolution adopting the Fiscal Year 2011 -12 Consolidated Annual Action Plan ( "CAAP ") which includes the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and Home Programs (HOME); authorizing the City Manager or designee to submit the Fiscal Year 2011 -12 CAAP to the U. S. Department of Housing and Urban Development ( "HUD "); and authorizing the City Manager or designee to execute all necessary documents to make changes in the Fiscal Year 2011 -12 CAAP if required by HUD. The foregoing resolution was passed and approved as amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. * * * * * * * * * * * * * Mayor Adame returned to discussion on Item 8 regarding the acceptance of an anonymous donation for the decorative lighting of the Harbor Bridge project. City Secretary Chapa polled the Council for their votes as follows: 8.a. RESOLUTION NO. 029036 Resolution authorizing the City Manager or designee to accept an anonymous donation in the amount of $300,000 for support of the decorative lighting of the Harbor Bridge project. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick voting "No "; Leal was absent. 8.b. ORDINANCE NO. 029037 Ordinance appropriating $300,000 from an anonymous donation into the No. 1020 General Fund for support of the decorative lighting of the Harbor Bridge project; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase revenues and appropriations by $300,000 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick voting "No "; Leal was absent. Mayor Adame opened discussion on Item 12 regarding the Memorial Coliseum Demolition Project. Director of Engineering Services Pete Anaya provided a project budget showing the construction liquidated damages in the amount of $70,000 and the $28,000 forAmendment No. 1 to the contract with R.H. Shackelford, Inc. In response to Council Member Scott, the net savings on the project is approximately $42,000. City Secretary Chapa polled the Council fortheirvotes as follows: Minutes — Regular Council Meeting April 26, 2011 — Page 14 12. FAILED The foregoing motion failed with the following vote: Adame, Elizondo, Marez, Martinez, and Scott, voting "Aye"; Adler, Kieschnick, and Strong, voting "No "; Leal was absent. * * * * * * * * * * * ** Mayor Adame referred to Item 26 regarding an update on the Americans with Disabilities (ADA) Master Plan. Assistant City Manager Johnny Perales explained that this project was included as part of Bond 2008 to address and identify the needs in the community. Mr. Perales introduced the presentation team including Interim Director of Human Relations Sylvia Wilson; Project Manager Jaime Pyle; Chair of the Committee for Persons with Disabilities Abel Alonzo; and Dan Leyndecker and Ruben Perez with LNV Engineering. Mr. Leyndecker referred to a powerpoint presentation including the purpose of the project; partners; an overview of the plan design; the schedule of completion of pedestrian infrastructure improvements; cost of project; potential funding sources; measures and milestones; and community outreach process. Mr. Perales provided information on the importance of the project and the City Council's role in the plan. The following topics pertaining to this item were discussed: concern with no sidewalks existing at all on 27% of the total length of proposed accessible routes evaluated; possible outside funding sources; downtown area sidewalks with no accessibility; prioritizing the areas without sidewalks; and mapping of proposed ADA routes. * * * * * * * * * * * ** Mayor Adame called for petitions from the audience. Henry Novack, 134 Seaside Drive, spoke regarding the Emergency Grant Program and the rules governing lead based paint. Mr. Novack stated that he has applied for the grant twice and still has not received any funding. Manuel Gallegos spoke in support of the Police Department using the space at the Central Library. Abel Alonzo, 1701 Thames, thanked Interim City Manager Rose for serving the community and reminded the public that early voting begins May 2" through May 10th. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 3:39 p.m. on April 26, 2011. * * * * * * * * * * * * * REV 04/26/11 CITY OF CORPUS CHRISTI FY2011 CONSOLIDATED ANNUAL ACTION PLAN ADOPTED FY2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FY2011 CDBG Allocation (ESTIMATED) Reprogrammed Funds FY2011 CDBG Subtotal Program Income from Rehabilitation Program (REVOLVING FUND) TOTAL FUNDS AVAILABLE FOR FY2011 CDBG PROGRAM $3,054,686 $166,424 $3,221,109 $100,000 $3,921,109 Accessible Routes in CDBG Residential Areas Phase 2 This project involves providing accessible routes in CDBG residential areas which do not have sidewalks but heavy pedestrian traffic. This project will provide approximately 5140 linear feet of 4 to 5 foot wide sidewalks and approximately 20 curb ramps along the following streets: Wilson Lane/Westland Dr to Bartlett Dr. 1610 LF, Yerby Circle /Entire Street both sides 900 LF. Flour Bluff Drive /SPID to Sun Bird St 2630 LF. 1 $100,000 CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Programs. Continuum of Care (COFC) and the Homeless Prevention and Rapid Rehousing Program (HPRP). Staff interprets CDBG, HOME, ESG, COFC and HPRP federal regulations, conducts public hearings /meetings, reviews propose projects and activities to determine funding, eligibility, monitors Subrecipients, provides technical assistance, conducts environmental assessments of funding projects /activities and enforces Davis Bacon Federal wage rate requirements. 17 $401,309 Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste and the mowing of high weeds and dangerous weeds. The abatement of unsightly and unsanitary matter in all CDBG eligible areas to include Neighborhood Initiative Program Areas and Model Block. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. 21 $200,000 Code Enforcement Program The Code Enforcement, Neighborhood Initiative (NIP) & Model Block Programs (MBP) request is for salaries to support the current staff. In this amount is included a total of $13,000 for training through classes, seminars and/or conferences for education opportunities and for certifications required for code enforcement. Training opportunities will also be essential for staff to accomplish the goals of both the NIP and MBP. The Property Advisors and Zoning Project Coordinators (both have Code Enforcement duties) are responsible for inspecting properties within CDBG Target Areas for violations of approximately seventy five (75) City Code and Health Ordinances. The Zoning project Coordinators implement a comprehensive approach to coordinate City Services and programs to address specific needs of each neighborhood. The sustainabitity efforts for these neighborhoods need continued monitoring and citizen compliance; inspection are conducted on particular code violations. The Program Administrator oversees all functions of the revitalization efforts for the Model Block Program and the implementation and sustainabitity efforts for the Neighborhood Initiative Program; the Zoning & Code Enforcement Administrator oversees all functions of the Code Enforcement Division. These programs support the City Council's objective of enhancing the City of Corpus Christi "Pride" efforts through revitalization and sustainability efforts for NIP Sites. (6.5 Staff Members @$1,000.00= 6,500.00). 27 $325,000 Comprehensive Planning Assistance Comprehensive Planning includes development of City Area Development Plans, Master Plans and plan implementation programs required by City Charter . Comprehensive Planning also encompasses work related assessments for capital improvement planning, annexation disannexation, and coastal management including Beachfront Construction Certificates and Dune Protection Permits. The Planning Division also reviews new subdivisions, rezonings and site plans for compliance with the City's adopted Comprehensive Plan. 31 $25,000 Demolition Program This program consists of demolition of substandard structures determined to be health and safety issues 51 % or more deterioration of the general structure. The demolition of these structures is an abatement measure as deemed necessary by the Building Code and Public Safety Officials. The removal of unsafe structures is a priority for neighborhood revitalization within the community and as a goal established by City Council for livable neighborhoods. Each Structure will be assessed and surveyed as building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The Substandard structures were demolished under the following: Building Standards Board, Emergency Demolitions and Demolition Grant program. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. 33 $200,000 Emergency Home Repair Grant Program Emergency repair grants up to $6,500 for repairs and up to $4,500 for based paint remedial activities. Work is limited to roof repairs, plumbing electrical, heating, minor structural repairs, and lead based paint remedial activities required by HUD regulations on houses built prior to 1978. Lead based activities may include actual work or testing required to meet the lead based paint requirements. Assistance through this program is provided to very low income homeowners who are provided to low income homeowners who are 65 years old or older or disabled. and income, Work is limited to roof repairs, plumbing, electrical, heating and minor structural. Requesting $660,000 to assist approximately 60 homeowners. 43 $200,000 Ethel Eyerly Senior Center Remodeling of the restrooms in the center to increase the number of stalls in each restroom by adding a building addition. This install would allow the restroom to be upgraded to full ADA accessibility standards and would help handle to heavy customer usage. Additional office space and a storage room for the center with the increased usage at the center. 2. New HVAC systems are needed for the building. The HVAC is at the end of its service life and needs replacement 3 HVAC Units, a 7.5 ton and 2 -10 ton units Outside and Inside equipment. 3. The exterior entrance way to the building has a tile fascia and the weather has taken a toll. Repair and/or redesign is needed. This area will be affected by the addition to the building and would need to be addressed as part of the Restroom and office space expansion. 44 $100,000 Mortgage Servicing Staff salaries and operational funding of our Mortgage Servicing section. This section manages the servicing of all loans provided through the Single Family Rehabilitation Loam Program. Services includes collection loan payments; escrowing of insurance and property taxes; paying of insurance and property taxes; providing Tax Form 1098; preparing end of year escrow analysis ; daily posting of payments; and providing release of liens on loans that are paid off. Increases in self Insurance and Group Insurance have been worked into this budget request. 50 $80,000 Rehabilitation Services This is the operating budget for staff that service the various housing programs included are staff salaries. Staff provides services for the Single Family Rehabilitation Loan Program; Emergency Home Repair Grant Program; $5,000 Homebuyer Programs; Support services for the 4A Affordable Housing Program ,Corpus Christi Community Development Corporation and Nueces County Community Action Agency homebuyer program. Staff services include loan counseling, Homebuyer Educational Classes, developing project specifications, project management, and estimating project cost . Requesting $740,000 for FY 11 -12. Increases over last year's funding is due to new federal regulations requiring licensing of loan processors as loan originators requiring mandatory training; increase in self insurance, group insurance, and in- direct costs. 81 $622,000 Residential Traffic. Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The purpose of this request to allocate CDBG funds to bear the residents' share of installation of costs in qualified CDBG eligible tracts. The City of Corpus Christi will still bear the expense of the City's share of the installation costs (which may range from 0% to 100 %). Thus far, since the inception of the RTMP, residential neighborhoods in CDBG areas have not elected or been able to participate in the RTMP due to difficulty in obtaining the residents' share of the cost. 85 $10,000 Single Family Rehabilitation Loan Program The Single Family Rehabilitation Loan Program benefits only low and very low income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide loans; demolition; relocation of homeowners being assisted with the reconstruction of their homes; and to pay for lead base paint remedial activities in order t comply with HUD regulations. The funds provided for demolition, relocation, and lead base paint activities are provided as a grant to the homeowner. Requesting funds for loans, relocation, demolition and lead based paint remedial activities (may include work and testing. We estimate being able to assist six (6) for demolition /reconstruction and five (5) homeowners for rehabilitation. 94 $700,000 Amistad Community Health Center Amistad Community Health Center located at 1533 S. Brownlee Blvd. is requesting funding to renovate a portion of the first floor space of our building to accommodate 6 additional patient exam rooms for adult primary health care services. Amistad Community Health Center serves a primarily low- income, uninsured, and medically underserved population, and these additional exam rooms would allow Amistad to expand services to additional adult patient. 113 $31,024 Boys and Girls Club of Corpus Christi Complete the two parking lots at the North and South ends of the Sports Complex located at 3902 Greenwood Drive. Express Soccer is played at the South and Kickball at the north of the complex. The parking lots were begun 2003 as part of Phase 1 of development. 138 $44,244 Coastal Bend Alcohol & Drug Rehabilitation Center dlbla! Charlie's Place In order the provide state mandated structured activities to clients in substance abuse treatment, Charlie's Place request located at 5501 IH 37 @ Mc Bride Lane funds to replace the old leaking roof. Patched many times, the roof continues to leak and must now be replaced to prevent further damage to the building. The area is approximately 20,678 sq ft. 178 $31,024 Coastal Bend Center for Independent Living The project shall provide barrier removal to include building wheelchair ramps and home modifications for individuals with disabilities 206 $99,234 Corpus Christi Hope House Replace all exterior fencing and gates: installation of two energy efficient water heaters; repair trim and drywall, paint interior and exterior of Resource Center; replace doors, trim, drywall and paint shelter at 630 Robinson Street. This will benefit up to 30 homeless women and children daily. 233 $46,934 Corpus Christi Metro Ministries The project entails re- roofing the buildings located at 1919 Leopard St., which provides programs for Rustic House, Gabbard Clinic and Vineyard Social & Employment services. Capital Contribution $2,500 259 $24,234 Del Mar CollegelBusiness Resource Center Small business counseling & training assistance at the facility located at 3209 S. Staples; assistance with job creation /retention opportunities for Low to Moderate income (LMI) & Section 3 persons /business, provide outreach /marketing efforts to better reach LMI'S. 280 $169,234 -137- Gonzalez Foundation, Inc. This project will provide funding for existing roof replacement at the Gonzalez Education and Recreation Center Bldg. located at 702 S. Brownlee Blvd. Corpus Christi, 78401. 325 $92,234 Mental Health Mental Retardation Center of Nueces County Remove and replace the old damaged, leaking and energy inefficient windows at 1546 S. Brownlee (front and side windows of the building). 352 $94,234 Mother Teresa Shelter, Inc. For the renovation of a public Transitional Housing that will provide housing for 24 individual men for a period of 18 -24 months. In addition, the facility will provide critical supportive services needed for re -entry into the community. 376 $74,234 Nueces County Community Action!Weatherization /Minor Home Repair Twenty Seven (27) yery low income homes will be targeted for minor home repairs and weatherization making home more energy efficient. Sea City Work Camp Adult and youth groups rehabilitate homes for approximately 20 low income , disabled and for elderly homeowners in Corpus Christi. Universal Little League Would like to provide adequate sidewalks to enable the spectators with disabilities to safely and comfortably walk or use mechanical equipment to support their family at their facility located at 4035 Greenwood Drive. Shaded bleachers with ADA area to protect from ultra violet rays or rain, also, includes improving the roof system. 440 464 484 $74,234 $44,234 $44,234 Wesley Community Center Our current outdated air conditioning and heating systems are in dire need of upgrading to energy efficient units at their facility located at 4015 MacArthur. 502 $44,234 Westside Business Association This project aims to increase security and safety measures at the Antonio E. Garcia Arts & Education Center located at 2021 Agnes. The proposal includes steps to improve lighting and the installation of security cameras and gates for parking entrances. It also includes a fence for the Garcia Park. 524 $44,234 TOTAL CDBG PROGRAM $3,921,109 ADOPTED FY2011 EMERGENCY SHELTER GRANT (ESG FY2011 ESG Allocation ESTIMATED ) PROG RAM $206 237 Catholic Charities of Corpus Christi Provision of Homeless Prevention including short term subsidies, security deposits or lst month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. 551 $19,686 City of Corpus Christi - ESG Administrative Cost Administrative cost is being requested in essence to offset cost for the participation in the Homeless Management Information System (HMIS). HMIS is a Mandated database for those agencies receiving ESG, Homeless Prevention & Rapid Rehousing Program and Continuum of Care Grant Program Funds. 570 $10,311 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance and operations including rent, insurance, utilities and furnishings. 571 $19,686 Corpus Christi Hope House Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention including short term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Payment of maintenance and operations including rent; insurance, utilities and furnishings. 592 $19,686 Corpus Christi Metro Ministries Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention including short term subsidies, security deposits or lst month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Payment of maintenance and operations including rent, insurance, utilities and furnishings. 621 $35,938 Mary McLeod Bethune Day Nursery, Inc. Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance and operations including rent, insurance, utilities and furnishings. 649 $19,686 Recovery Contacts, Inc. Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance and operations including rent, insurance, utilities and furnishings. 668 $15,936 The Salvation Army Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance and operations including rent, insurance, utilities and furnishings. 680 $25,936 Wesley Community Center Payment of maintenance and operations including rent, insurance, utilities and furnishings. Women's Shelter of South Texas Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention including short term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Payment of maintenance and operations including rent, insurance, utilities and furnishings. ESG PROGRAM TOTAL 708 724 $19,686 $19,686 $206,237 ADOPTED FY2011 HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM FY2011 HOME Allocation (ESTIMATED) $1,566,62T Reprogrammed Funds (Corpus Christi Community Development Corporation) $770,000 TOTAL FUNDS AVAILABLE FOR FY2011 HOME PROGRAM $2,336,627 t..s.puitrt;tanrti Homebuyer Assistance Program ($5,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the purchase of a home. 756 $100,000 Home Administration/Technical Assistance Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping /reporting and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, non - profits, owners /investors of rental property and other organizations that may participate in the program. May include administrative funds for direct operating support for the CHDO's. 757 $156,662 Major Rehabilitation Provide loans to low income homeowners to assist them with major rehabilitation of their homes. 759 $764,965 Wesley Community Center Plans to renovate the former convent area of the facility as permanent housing for homeless women with young children moving from transitional and emergency shelters. 934 $150,000 Nueces County Community Action Agency(NCCAA)- HOME Revolving fund To structure a perpetuating source of working capital to develop affordable housing projects in the community. All projects will target households at 80% or below the AMI. Funds will be used for property acquisition, interim financing and /or resident lending. 965 $300,000 The Palms at Leopard This project will be a new construction 120 unit multifamily development on +1- 8.23 acres. The development will be financed primarily through L1HTC funding, with private debt and HOME funds through the City of Corpus Christi. While the development will be open to families at 30 %, 50 %, and 60% of AMI it is anticipated that this development will replace North side Manor, which has become a substandard property for the residents of that development. 1005 $865,000 HOME PROGRAM TOTAL $2,336,627 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 10, 2011 AGENDA ITEM: A. Resolution authorizing the City Manager, or designee, to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,978.42 to be used for the purchase of equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. B. Ordinance appropriating $2,978.42 from the Coastal Bend Regional Advisory Council into the No. 1055 Ambulance Grant Fund to purchase equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. ISSUE: The Coastal Bend Regional Advisory Council on Trauma (RAC) has forwarded to the City a check as a grant in the amount of $2,978.42. This is a direct grant for the benefit of the City's EMS operations. No application was required. EMS will purchase one replacement 12 -Lead Rhythm Generator, one replacement Multi - Patient Ventilation Kit and fourteen replacement Mass Casualty Identification Vests. This is the eleventh year that the Regional Advisory Council has distributed similar grants. These funds originate from the Texas Department of State Health Services and are routed to the Regional Advisory Council for distribution. Every Emergency Medical Services agency within the twelve county Coastal Bend who is actively participating in the RAC is eligible to receive a portion of these monies. The amount of funding to be received by each agency is based on the number of trauma emergencies the agency responds to on an annual basis. REQUIRED COUNCIL ACTION: Council's adoption of the resolution and ordinance is necessary to permit utilization of these funds. PREVIOUS COUNCIL ACTION: The Council has previously approved ten similar grants. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance as presented. Attachments: 1. Copy of Resolution 2. Copy of Ordinance _25_ Richard' Hooks Fire Chief RLH @cctexas.com (361) 826 -3932 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT FROM THE COASTAL BEND REGIONAL ADVISORY COUNCIL IN THE AMOUNT OF $2,978.42 TO BE USED FOR THE PURCHASE OF EQUIPMENT, SUPPLIES, AND SERVICES TO SUPPORT THE DELIVERY OF EMERGENCY MEDICAL SERVICES FOR THE CORPUS CHRISTI FIRE DEPARTMENT. 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 accept a grant from the coastal bend regional advisory council in the amount of $2,978.42 to be used for the purchase of equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Coastal Bend Regional Advisory Council. - - ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: March 30, 2011 T. risha Dang . Assistant City Attorney For City Attorney —26— THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Resolution Vote sheet _27_ 1 ORDINANCE APPROPRIATING $2,978.42 FROM THE COASTAL BEND REGIONAL ADVISORY COUNCIL INTO THE NO. 1056 AMBULANCE GRANT FUND TO PURCHASE EQUIPMENT, SUPPLIES, AND SERVICES TO SUPPORT THE DELIVERY OF EMERGENCY MEDICAL SERVICES FOR THE CORPUS CHRISTI FIRE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,978.42 is appropriated from the Coastal Bend Regional Advisory Council into the No. 1056 ambulance grant fund to purchase equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. 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' onThis the of April, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary. Joe Adame, Mayor Approved as to form:. March 28 2011 T. Trisha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas day of ,.2011 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 Adarne Mayor The above ordinance was' passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, .Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 10. 2011 AGENDA ITEM: AN ORDINANCE APPROPRIATING A GRANT FROM THE MARCH OF DIMES IN THE AMOUNT OF $Z000 IN THE NO. 1066 HEALTH GRANTS FUND, AS THE FIDUCIARY AGENT ON BEHALF OF THE REGIONAL HEALTH AWARENESS BOARD, FOR COMMUNITY AWARENESS PUBLICATIONS TO BE PROVIDED BY THE BOARD; AND DECLARING AN EMERGENCY. ISSUE: The March of Dimes awarded the Regional Health Awareness Board funds to purchase print materials on the prevention of birth defects for distribution at various locations. Before the funds can be used they must be appropriated. REQUIRED COUNCIL ACTION: The City must appropriate funds for the Regional Health Awareness Board. PREVIOUS COUNCIL ACTION: Acceptance and appropriation of funds in the amount of $15,500 received from Nueces County on December 14, 2010. CONCLUSION AND RECOMMENDATION: Staff recommends the appropriation of funds to be used by the Regional Health Awareness Board. Margie C. Rose Assistant City Manager margiera,cctexas.com (361) 826 -3232 Attachments AG E . Cuf Susan Utley, Program Coordin t r Regional Health Awareness Board susanu(cctexas.com (361) 826 -3370 BACKGROUND INFORMATION The Regional Health Awareness Board (RHAB) is supported through an Inter -local Agreement by the City of Corpus Christi, Nueces County, and San Patricio County. The purpose of the RHAB is to ensure that opportunities exist for quality dialogue by the citizens of the Coastal Bend on the issues impacting health, safety, environment, and life quality. The RHAB functions as an independent committee to coordinate and enhance awareness of the various existing forums for community dialogue, and it serves as a clearinghouse for ensuring that inquiries are addressed in the appropriate forum. One area of interest for the RHAB is the high birth defect rate in Nueces and San Patricio Counties. The board supports education of young girls and prospective mothers regarding the importance of good nutrition, and of taking folic acid before and during pregnancy as one important step in preventing birth defects. The print materials purchased with this grant money will be supplied to school districts and health organizations to aid them in their education efforts. The City of Corpus Christi is the Fiduciary Agent of the RHAB. The purpose of the funds is to support the mission and goals of the RHAB. AN ORDINANCE APPROPRIATING A GRANT FROM THE MARCH OF DIMES IN THE AMOUNT OF $2,000 IN THE NO. 1066 HEALTH GRANTS FUND, AS THE FIDUCIARY AGENT ON BEHALF OF THE REGIONAL HEALTH AWARENESS BOARD, FOR COMMUNITY AWARENESS PUBLICATIONS TO BE PROVIDED BY THE BOARD; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant from the March of Dimes in the amount of $2,000 is appropriated in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for community awareness publications to be provided by the board. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED: April 20, 2011 4Ll 21 Eliza. R. Hundley �+L Assi '' t City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHord331 RHAB March of Dimes Grant 20110420 Page 1 of 2 —35— Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong EHord331 RHAB March of Dimes Grant 20110420 —36— Page 2 of 2 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 10, 2011 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute an interlocal cooperation agreement with the Corpus Christi Regional Transportation Authority for Information Technology System management assistance with term from December 13, 2010 to July 31, 2011 with reimbursement of City's costs, and ratifying effective date of December 13, 2010. ISSUE: The Regional Transportation Authority desires to receive IT services from the City of Corpus Christi due to unforeseen exigency. REQUIRED COUNCIL ACTION: Approval of the Resolution. PREVIOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented Michael Armstrong Director of MIS 361-826-3735 michaelar @cctexas.com Attachments Temporary Services Agreement between RTA and City -39- W% BACKGROUND INFORMATION During the month of December 2010, the RTA terminated employment of their IT Systems Supervisor. To ensure on -going IT support during this absence, the RTA requested the assistance of the City of Corpus Christi's MIS Department to assist with technical support and oversight of their IT operations. Pending the approval of long term interiocai agreement between the two entities the MIS Department is requesting the approval of this temporary agreement from December 13, 2010 to July 31, 2011. In the near future, City staff will be returning to the Council for approval to execute an Interlocal agreement between the City and the RTA that will provide for long term support of the RTA's information technology systems. Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY FOR INFORMATION TECHNOLOGY SYSTEM MANAGEMENT ASSISTANCE WITH TERM FROM DECEMBER 13, 2010 TO JULY 31, 2011, WITH REIMBURSEMENT OF CITY'S COSTS, AND RATIFYING EFFECTIVE DATE OF DECEMBER 13, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is authorized to execute an interlocal cooperation agreement with Corpus Christi Regional Transportation Authority for Information Technology System management assistance, with term of December 13, 2010 to July 31, 2011, with reimbursement of City's costs, and ratifying effective date of December 13, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: May 5, 2011 Lisa Agu I r, Assistant City Attorney for City Attorney InterlocalRESOLUTION RTA --41— Joe Adame Mayor Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry G. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 2011 -05 -10 InterlocalRESOLUTION RTA 2.DOCX -42- Page 2of2 INTERLOCAL COOPERATION AGREEMENT BETWEEN REGIONAL TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI This Agreement made and entered into this day of , 2011, by and between the Corpus Christi Regional Transportation Authority hereinafter referred to as "RTA ", 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 Interlocal Cooperation Act, as set out in Chapter 791, Texas Government Code 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 RTA 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, both the City and RTA 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 RTA 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 RTA and City in consideration of the aforementioned recitals and for the mutual consideration stated herein ( "The Agreement "): WHEREAS, the Corpus Christi Regional Transportation Authority (RTA) has requested that the City of Corpus Christi (City) consider providing information technology service assistance on a temporary basis due to unforeseen exigency, the parties agree to the following terms; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF WORK. The City agrees to consider requests for Information Technology assistance from the RTA during the Period of Performance. If the request is approved, the City will send employee(s) to perform the requested services within a reasonable period of time. 1 -43- 2. PERIOD OF PERFORMANCE. The term is Monday, December 13th, 2010 through on July 31, 2011. 3. PRICE AND PAYMENT. As compensation for the performance of the services provided, the RTA must fully reimburse the City for all salaries and benefits due to the employees under the City's Compensation Ordinance and Benefits Plan, within thirty (30) days of presentation of invoice. 4. FISCAL FUNDING. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. 5. VENUE. Venue to enforce this Agreement shall lie exclusively in Nueces County, Texas. 6. DEFAULT/WAIVER/MITIGATION. It is not a waiver of default if the non - defaulting party faits 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. 7. 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 RTA: TO THE CITY: Corpus Christi Regional Transportation Authority Attn: Executive Director 5658 Bear Lane Corpus Christi, Texas 78405 The City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 8. 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. 9. APPROVAL. This agreement is expressly subject to and contingent upon formal approval by Corpus Christi Regional Transportation Authority and City Council. Each person executing this Agreement represents and warrants that they have full right and authority to enter into this agreement. z —44— 10. RELEASE OF LIABILITY AND COVENANT NOT TO SUE CITY OF CORPUS CHRISTI. a. RTA agrees and understands that it will request and receive services and participate in this Agreement at its own risk and hereby releases, waives, and in all ways relinquishes any and all present or future claims against City which RTA, its officers, agents, employees, representatives, and contractors and subcontractors, and any other person or entity (collectively, hereinafter "RTA "), may assert, have, or acquire as a result of any injury, death, damage, or loss whatsoever to itself or its property resulting from, arising out of, or connected with the City's participation in this Agreement. b. RTA agrees to release, waive, and relinquish all claims, and further covenants not to sue the City for any claim, regardless of whether same may arise from any negligence, gross negligence, or willful misconduct of the City or its employees. c. RTA understands there may be risks involved. RTA assumes all risks, and will rely solely on itself, and not the City or its employees, in determining what those risks are. d. RTA's Release of Liability applies to all activities during or connected in any way with the City's participation under this Agreement and any performance hereunder. 11. INDEMNIFICATION OF THE CITY. To the extent permitted by law, the Corpus Christi Regional Transportation Authority shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, officers, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with this contract. The foregoing indemnity shall specifically include the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. 3 CITY OF CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY By: By: Ronald L. Olson City Manager Date Scott Neeley Date Chief Executive Officer APPROVED AS TO LEGAL FORM By: ge f 5 -5r1 i Lisa Aguil.;� Date Assistant City Attorney for the City Attorney 4 —46— 5 AGENDA MEMORANDUM DATE: May 10, 2011 SUBJECT: Police Vehicle Impound Facility, Phase 1 (BOND ISSUE 2008) (Project No. 5249/CIP No. PF 06) CHANGE ORDER NO. 2 AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute Change Order No. 2 with Bay, Ltd. of Corpus Christi, Texas in the amount of $219,219.68 fora total restated fee of $2,351,818.45 for the Police Vehicle Impound Facility, Phase 1 Project to add a storm water maintenance ramp and other improvements. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 3 Police Department Improvements. Change Order No. 2 is necessary to provide stormwater maintenance crew access into the existing Airport Drainage Ditch for cleaning, maintaining, and removing debris that collects in the ditch. FUNDING: Funding is available from Storm Water Capital Improvement Budget FY2011. RECOMMENDATION: Staff recommends approval of the Motions as presented. ,UAW Val - Gray, P. ., Dire or of Storm Wat - r & Street Operations 361- 826 -1875 vaierieg @cctexas.com Additional Support Material: Exhibit "A" Project Background Exhibit "B" Prior Project Actions Exhibit "C" Change Order Summary Exhibit "D" Project Budget Exhibit "E" Location Map _49_ Pete Anaya, P.E. Director of Engineering Services 361 - 826 -3781 petean @cctexas.com HMOMEIVeImaP1GENIPOLICE15249 VEHICLE IMPOUND FACILITYICONSTRUCTIONSCHANGE ORDER NO, 212 AGENDA MEMO.doc AGENDA BACKGROUND INFORMATION SUBJECT: Police Vehicle Impound Facility, Phase 1 (BOND ISSUE 2008) (Project No. 5249/CIP No. PF 06) CHANGE ORDER NO. 2 CHANGE ORDER NO. 2: The scope of work of the proposed Change Order No. 2 was originally bid as. Additive Alternate No. 2 (Part F) in the construction contract. Change Order No. 2 provides for the following: 1. Storm water maintenance ramp to allow maintenance crew access into the existing Airport Drainage Ditch for cleaning, maintaining, and removing debris that collects in the ditch. The project includes saw cutting and removing of existing concrete, excavation, concrete barrier wall, fill material, 8 -inch concrete ramp, 6 -inch concrete rip -rap, and bollards with cable wire for safety. 2. Additional 50- linear feet of 6 -inch concrete curb 3. Additional 132- linear feet of 6 -inch concrete maintenance ramp 4. Addition of 3,418 square yards erosion control matting for ditches PROJECT DESCRIPTION: The current Police Vehicle Impound Lot (5 acres) is unable to meet the City's current needs. Numerous abandoned vehicles remain on the streets as there is no available room. As a result of the City Council decision to begin towing vehicles involved in accidents with no insurance, the number of vehicles will double (based on other cities' experience). The new impound facility will be 15 acres centrally located. The acreage will provide for an auction staging area as well as future expansion. This project will accommodate the generation of additional revenues for the General Fund resulting from proposed additional acreage and improvements allowing for increased vehicle tows. The project was developed with a Total Base Bid for Parts A, B, C and D with five Additive Alternates (Parts E, F, G, H and respectively). The project consists of (including Additive Alternates) approximately 48,325 square yards of 2- course surface treatment paving, 50,216 square yards of base, geogrid and subgrade improvements, area lighting, 2,778 linear feet of security fencing, automated access gates, and a pre - manufactured modular building, along with 1,789 linear feet of storm water drainage ditch improvements, 1,397 linear feet of waterline improvements and 981 linear feet of sanitary sewer improvements. • Part A provides for paving, area lighting, installation of an 8' chain link high security fence, installation of a perimeter security system, automated access gates, carport for drop offs, pre - manufactured modular building, signs and markings and landscaping. • Part B provides for storm water drainage improvements • Part C provides for water distribution improvements H:IHOME4VeImaP1GENSPOLUCE15249 VEHICLE IMPOUND FACILITYSCON5TRUCTMECCINGE ORDER NO. 213 AGENDA BACKGROUND.doc EXHIBIT "A" Page 1 of 2 • Part D provides for sanitary sewer (wastewater) improvements. • Additive Alternate No. 1 (Part E) provides for the reconstruction of Hala Pit Road • Additive Alternate No. 2 (Part F) provides for constructing transition ramps of recycled asphalt • Additive Alternate No. 3 (Part G) provides for improvements to the auction site • Additive Alternate No. 4 (Part H) provides for the paving of the auction site • Additive Alternate No. 5 (Part I) provides for the construction of a storm water maintenance ramp The pre - manufactured building for administrative use will be constructed under a separate contract and design will be completed in- house. It will bid separately and will be brought to City Council for approval. PROJECT BACKGROUND: Voters in Bond Issue 2008 approved $2,700,000 dollars to construct a new Vehicle Impound Lot. The Police Vehicle Impound Facility, Phase 1 project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 3 Police Department Improvements. 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:IHOME1VeImaPlGEMPOLICE45249 VEHICLE IMPOUND PACiumcoNsTpucTi074544NtE ORDER NO. 213 AGENDA EACKGROUND.dac EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Police Vehicle Impound Facility, Phase 1 (BOND ISSUE 2008) (Project No. 5249/CIP No. PF 06) CHANGE ORDER NO. 2 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. May 26, 2009 — Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $280,211 for the new Vehicle Impound Facility, Phase 1 for design, bid, construction and additional phase services. (Bond 2008) (Motion No. 2009 -144) 4. 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) 5. July 20, 2010 — Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $2,107,855.57 for Police Vehicle Impound Facility, Phase 1 for the Total Base Bid plus Additive Alternate Nos. 1, 3 & 4. BOND ISSUE 2008 (Motion No. M2010 -183) 6. December 14, 2010 — Ordinance authorizing the City Manager, or his designee, to execute a Five -Year Ground Lease with Haas - Anderson Construction, Ltd. for 3.89 acres out of a 25.06 acre tract of City property known as the Hala Pit Landfill located north of the intersection of Greenwood Drive and Holly Road, to be used by the tenant for parking of construction equipment and vehicles and approving the cash rental fee of $400.00 per month; and declaring an emergency. (Ordinance No. 028899) EXHIBIT "B" Page 1 of 2 H;IHOME \VeImaP.GENIPOLICE15249 VEHICLE IMPOUND PACILITYICONSTRUCTI2CHANGE ORDER NO. 2W AGENDA PRIOR PROJECT ACTIONS.doc 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 focal and 120 non-local). 4. April 22, 2009 — Administrative approval of a small geotechnical testing agreement with Arias and Associates in the amount of $27,845 for the Police Vehicle Impound Facility, Phase 1 project. 5. November 22, 2009 — Administrative approval of Amendment No. 1 to the engineering services contract with Freese and Nichols, Inc. in the amount of $43,000 for a total restated fee of $323,211 for the Police Vehicle Impound Facility, Phase 1 project. 6. December 29, 2009 — Administrative approval of Amendment No. 2 to the engineering services contract with Freese and Nichols, Inc, in the amount of $18,205 for a total restated fee of $341,416 for the Police Vehicle Impound Facility, Phase 1 project. 7 October 10, 2010 — Administrative approval of a small geotechnical testing agreement with Kleinfelder Central, Inc. in the amount of $33,900 for the Police Vehicle Impound Facility, Phase 1 project. 8. April 20, 2011 — Administrative Approval of Change Order No.1 with Bay, Ltd. of Corpus Christi, Texas in the amount of $24,743.20 for a total restated fee of $2,132,598.77 for the Police Vehicle Impound Facility, Phase 1 Project. EXHIBIT "B" Page 2 of 2 H:IHOMEIVeImaPSGENIPOLICES5249 VEHICLE IMPOUND FACILITYCONSTRUCTI6NSHANGE ORDER NO. NI AGENDA PRIOR PROJECT ACTIONS.dac Department of Engineering Services Change Order Summary Sheet May 10, 2011 SUBJECT: Police Vehicle Impound Facility, Phase 1 (BOND ISSUE 2008) (Project No. 5249/CIP No. PF 06) CHANGE ORDER NO. 2 APPROVED: City Council on July 20, 2010 - Motion No. 2010 -183 CONTRACTOR: Bay, Ltd. P.O. Box 9908 Corpus Christi, TX 78469 SUMMARY: This Change Order provides for: 1. Storm water maintenance ramp including saw cut and removal of existing concrete, excavation, concrete barrier wall, fill material, 8 -inch concrete ramp, 6 -inch concrete rip -rap, and bollards with cable wire. 2. Additional 50- linear feet of 6 -inch concrete curb 3. Additional 132- linear feet of 6-inch concrete curb ramp 4. Addition of 3,418 square yards erosion control matting for ditches TOTAL CONTRACT AMOUNT $2,107,855.57 25% Limit Amount 526,963.89 Change Order No. 1 (4120111) $24,743.20 Change Order No. 2 (5/10/11) $219.219.68 Total $243,962.88 = 11.57% < 25% EXHIBIT "C" Page 1 of 1 H:IHOMEIVehaFIGENIPOLICE15249 VEHICLE IMPOUND FACILITY4CONSTRUCTIgN RANGE ORDER NO. 215 AGENDA CHANGE ORDER SUMMARY.doc PROJECT BUDGET POLICE VEHICLE IMPOUND FACILITY, PHASE 1 BOND ISSUE 2008 Project No. 5249 May 10, 2011 FUNDS AVAILABLE: Bond Issue 2008 (Police Improvements) Storm Water CIP Water CIP Wastewater CIP. Total FUNDS REQUIRED: Construction (Bay, Ltd.) Construction (H & G Construction) ....... ............................... TCEQ Future Pre - Fabricated Building ................................ ............................... Contingencies.... ........... . ..... .......................... ............ ......... ......... ...... Consultant Fees: Consultant (Freese and Nichols, Inc.) (Large AIE, Amend. Nos. 1 & 2) Testing (Arias & Associates) (Geotechnical Testing) Testing (Kleinfelder Central, Inc.) (Construction Materials Testing) Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) .......................... Construction Inspection... Finance Issuance ......... Misc. (Printing, Advertising, etc.) TOTAL ............ . $2,700,000.00 306,430.50 141,716.50 82, 011.50 3,230,158.50 2,351,818.45 49,950.00 622.45 140,00_0.00 60,000.00 341,416.00 27,845.00 33,900.00 42, 500.00 52,500.00 52,500.00 29, 397.73 7,500.00 $3,189,949.63 FUNDS REMAINING ........................ $40,208.87 -55- EXHIBIT "D" Page 1 of 1 Pile : \ Mproject \councilexhibits \exh5248c.dw VICINITY MAP NOT TO SCALE POLICE VEHICLE IMPOUND FACILITY, PHASE 1 (BOND ISSUE 2008) -56- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 5 -10 -2011 6 AGENDA MEMORANDUM City Council Action Date: May 10, 2011 SUBJECT: Lift Station Rehabilitation 2009 — Peary Place Lift Station, Clarkwood South Lift Station, Williams Lift Station, Wooldridge Lift Station, Coquina Bay Lift Station and Laguna Shores Lift Station (Project No. E09040 / CIP No: WW 37) AGENDA ITEM: Motion authorizing the City Manager or designee to execute Change Order No. 1 to the construction contract with J. S. Haren Company of Athens, Tennessee, in the amount of $119,942.26 for a restated not to exceed amount of $1,100,942.26 for pipe supports, valves, plug valves, piping, bypass pumping, electrical modifications, additional liner installations, flow controls and other modifications for the Lift Station Rehabilitation 2009 — Peary Place Lift Station, Clarkwood South Lift Station, Williams Lift Station, Wooldridge Lift Station, Coquina Bay Lift Station and Laguna Shores Lift Station for the Total Base Bid Parts A, B, C, D, E, F and G (Wastewater CIP 2010). ISSUE: Change Orders in excess of $25,000.00 require Council approval. Rehabilitation of six wastewater lift stations is necessary to provide continued wastewater services for the areas served by the lift stations. Reliable operation is necessary to comply with TCEQ regulations and to minimize the possibility of sanitary sewer overflows. During the course of construction, various conditions were encountered in all six stations that require additional work to rehabilitate the lift stations. The conditions were concealed and would require destructive demolition prior to bidding to be discovered. Approval of the change order is necessary to complete the rehabilitation of the stations to ensure reliable service. FUNDING: Funding is available from the Wastewater Capital Improvement Budget FY 2011. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services 361-857-1801 fosterc @cctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Support Material: Background Information Prior Actions Change Order Summary Project Budget Location Map —59— Pete Anaya, P.E. Director of Engineering Services 361 -826 -3781 petean @cctexas.com HA HOMEWeImaRGENIWASTEWATER1E09040 (7415 ) LIFT STATION REHAB 20091CHANGE ORDER NO 11AGENDA MEMO.doc AGENDA BACKGROUND INFORMATION SUBJECT: Lift Station Rehabilitation 2009 — Peary Place Lift Station, Clarkwood South Lift Station, Williams Lift Station, Wooldridge Lift Station, Coquina Bay Lift Station and Laguna Shores Lift Station Project No. E09040 1 CIP No: WW 37 CHANGE ORDER: The change order consists of a variety of items for each of the six lift stations being rehabilitated. The work addressed by the change order is: • Peary Place Lift Station Discharge piping in drywall; Horizontal suction pipes; Brick manhole corbel replacement; Concrete repair; and Bypass pumping. • Clarkwood South Lift Station Pipe support in vault; Main breaker enclosure; and Pump control panel. • Williams Lift Station Chain wheel operators for four plug valves; and Flow control measures • Wooldridge Lift Station Chain wheel operators for four plug valves; and Flow control measures • Coquina Bay Lift Station Gate valve in vault; Bypass for valve replacement and rain delay; and Access driveway repairs. • Laguna Shores Lift Station Pipe removal; Additional Raven protective liner installation; and Bypass pumping. PROJECT DESCRIPTION: The project consists of the rehabilitation of six lift stations which requires bypass pumping, the replacement of pump bases, submersible pumps, dry pit pumps, pump stands, suction/discharge piping, fittings, pump guide rails, pump control panels, main electrical disconnects, plug valves, check valves, air release valves, the installation of vinyl coated chain link fence, twelve (12) foot wide access road, application of concrete coating and miscellaneous items of work required to complete project. The project consists of a Total Base Bid Parts A, B, C, D, E, F and G. • Part A — Peary Place Lift Station • Part B — Clarkwood South Lift Station • Part C — Williams Lift Station H: IHOMEVCEVINSIGENS WASTEWA\ E0904OLifS tationRehab20091CO,BkgE,chA -doo —60— EXHIBIT "A" Page 1 of 2 • Part D — Wooldridge Lift Station • Part E — Coquina Bay Lift Station • Part F — Laguna Shores Lift Station • Part G — Utility Allowance and Force Main dewatering Allowance PROJECT BACKGROUND: This project provides for implementation of a strategic lifecycle program for future projects and funding requirements with cost benefit analysis for the City's 99 lift stations. The project identifies, prioritizes and implements specific capital improvement projects in a phased design and construction approach. Previous studies were developed into specific projects presented as separate CIP projects. The existing lift station systems have reached the end of their effective life cycle and are at a point where further deterioration will jeopardize operations and service from the lift stations. This project was developed and packaged with multiple lift stations to simultaneously address the needed improvements, thereby benefiting from increased competition and economy of scale. H: 1FIOMEUC. EVtNS1G EMWASTEWA1E04040LiHStationReha620091C01BkgExhA .doc — 61— EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Lift Station Rehabilitation 2009 — Peary Place Lift Station, Clarkwood South Lift Station, Williams Lift Station, Wooldridge Lift Station, Coquina Bay Lift Station and Laguna Shores Lift Station (Project No. E09040 / CIP No: WW 37) PRIOR COUNCIL ACTION: 1. June 16, 2009 — Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Urban Engineering from Corpus Christi, Texas in the amount of $78,980 for Rehabilitation of Lift Stations FY 2009 for the design, bid, construction, and additional services: (Motion No. M2009 -167) • Peary Place Lift Station • Clarkwood South Lift Station • Williams Lift Station • Wooldridge Lift Station • Everhart and Staples Lift Station • Laguna Shores Lift Station 2. 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) 3. February 23, 2010 - Motion authorizing the City Manager or designee to execute a construction contract with J. S. Haren Company of Athens, Tennessee, in the amount of $981,000.00 for Lift Station Rehabilitation 2009 — Peary Place Lift Station, Clarkwood South Lift Station, Williams Lift Station, Wooldridge Lift Station, Coquina Bay Lift Station and Laguna Shores Lift Station for the Total Base Bid Parts A, B, C, D, E, F and G (Wastewater CIP 2010). (Motion No. M2010 -040) 4. March 8, 2011 - Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. (Ordinance No. 028995) PRIOR ADMINISTRATIVE ACTION: None H: IHOMEYVeImaP \GEN\WASTEWATER \E09040 (7415) LIFT STATION REHAB 2008 ANGE ORDER NO. 1YPRIOR PROJECT ACTIONS.doc EXHIBIT "B" Page 1 of 1 CHANGE ORDER .Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 1 FUNDING SOURCE: CONTRACT' TIME: 150 CD Operating Department: Waste Water Name of Project: Contractor: DATE: January 28, 2011 I.,ift Station Rehabilitation 2009 - Peary Place, Clarkwood So., Wms., Wooldridge, Coquina By & Laguna Shores Lift Stations - P.R. E09040 J.S.I3aren Co. CHANGE Add the following to the contract: I See Attached: ADD S119,942.26 TOTAL NET 5119,942.26 -Why i►'as this change. necessary? (If left off the plans and specifications, explain why? Once.the.liftstatiions Nveretaken oiittifservice, variotis'cwnponents were identified in _poor condition and needing replacing or rewbtkintt._ I1.0v tin" sititil:•ir:ciianges is tvoided :in the Future? Unavoidable, A. CONTRACT PRICE: .$ 981,000.00 V. B. TOTAL CIIANGE.ORDERS.(hie. current) $ 119,942:26 C. NLW CONTRACT. PIKE $ 1,100;942-.20 `' X D. Ti-JIa0 CHdtNC.E OR_DLR $ .. I- 19,942 261 Pr41ect Manager E. PERCENT TOTAL CHANCE (BIA) 12.23% t 1'. PREVIQUS TJME.AUTHQRAZE 0 -C.D .•+ 7:' G: ADDN'L CON'1 RACT TIME THIS CHANGE ORDER I 7 C:D.Y: 1-1. TOTTAL ••ADDITIONitL.TIi1ME 176'C.D !! CITY OF CORPUS CHRISTI, TEXAS By: • Director of Enginceririg Services O crating Department .1'}ir, O(. MamigenientS: Budget Legal Deli nrtnient -63- CONTRACTOR By: Title: /✓tb :� Exhibit C Page 1 of 2 Additional Items for the Lift Statlon Project:. Ctarkwood PipeSupport in Vault • • • . ' :$840.00 Coquina Gate •Vat1ve tn:Vautt • - . . • $4,00:00 AUtlyiriZed Cog uns.;Ci eckValve in Vault ' :_. $5,000.00 Peary Dlschnrge Pipirig in Drywall • $20,750:00• Peary Hoiizontal Suction Pipes . $2,800;00: Wooldridge Chainviheel Operatars'(for four;plug valves) - -$1,976:00 Williams Chainwheef Operators: (for four: plug :valves) $1,976.00 . • Coquina. Bypass far viaive.replacernent and ram delay • • .$4,209:90 Laguna Removal of pipe . • '. $1,.429.00 01 i Clarltwood Main Breaker -Enclosure, 22KAIC to•65KAIC • -$471.28 Total: $43;442.26 m m co X N _a: 0 -. N Peary -Brick MH•Corbel. Replacement, $2,000,00 CoquinaAcceas• Driveway_ • . $5,570.00 . ClarkwoaitCOR#5-• Pump Control Panel $9,773,00 Laguna COR#1B-Additional Raven Liner$7,504:00• Laguna COR#15- Bypass: Pumping -at Laguna Shores $10,765.00 Peary.•COR#17- Concrete•Repair Material. .: $7,000:00 Peary 00R#13 -.Bypass Pumping .:$6,415.00' • Wooldridge CQR#9- Flow -Control. . $13,738.50 . . Williams:COR#9-'Fiow Control- . $13;738:50. . • Total: - '$76;500.00 -- prang Tota,: $119;942.26 PROJECT BUDGET LIFT STATION REHABILITATION 2009 - PEARY PLACE, CLARKWOOD SOUTH, WILLAMS, WOOLDRIDGE, COQUINA BAY AND LAGUNA SHORES LIFT STATIONS Project No. E09040 May 10, 2011 FUNDS AVAILABLE: Wastewater CIP 2010 $1,120,840.00 Watewater CIP 2011 $119,942.26 * Wastewater CIP 2009 $78,980.00 Total $1,319,762.26 FUNDS REQUIRED: Construction (J.S. Haren Company) $981,000.00 Change Order No. 1 $119,942.26 Contingencies (10 %) 98,100.00 * Consultant (Urban Engineering) 78,980.00 Reimbursements 39,240.00 Misc. (Printing, Advertising, etc.) 2,500.00 Total $1,319,762.26 FUNDS REMAINING $p.00 * The Consultant contract with Urban Engineering was awarded under CIP 2009 —65— Exhibit D Page 1 of 1 \Mproject\councilexhibits1 exhE9040.dwg PROJECT SITE CLARKWOOD SOUTH LIFT STATION HWY 44 PROJECT SITE WILLIAMS LIFT STATION PROJECT SITE PEARY PLACE LIFT STATION PROJECT SITE WOOLDRIDGE LIFT STATION WHITECAP PROJECT SITE LAGUNA SHORES LIFT STATION A PINES PROJECT #E09040 / CIP No: WW 37 LOCATION MAP NOT TO SCALE EXHIBIT "E" LIFT STATION REHABILITATION 2009 - PEARY PLACE LIFT STATION, CLARKWOOD SOUTH LIFT STATION, WILLIAMS LIFT STATION, WOOLDRIDGE LIFT STATION, COQUINA BAY LIFT STATION AND LAGUNA SHORES LIFT STATION -66- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 5/10/2011 i M i ..stir 7 AGENDA MEMORANDUM May 10, 2011 SUBJECT: Corpus Christi International Airport Terminal Building Rehabilitation (Project No. E09046) AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute Change Order No. 1 to the construction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount of 48,021.70 for a restated not to exceed total amount of $3,279,021.70 for the Corpus Christi International Airport Terminal Building Rehabilitation project for Base Bid only for the expansion of the Federal Inspection Services (F1S) area for new emergency egress stairwell, additional dewatering, modifications of duct work and ceiling grid furr -down. ISSUES: Council approval of change orders in excess of $25,000.00 is required. The proposed change order is necessary to: • Provide for new emergency egress stairwell at Gate 3 as the existing stairwell could not be modified without interfering with loading gate operation; • Address higher than expected local water table requiring additional dewatering; • Modify duct work in Zone 5 which was necessary to allow adequate head clearance in hallway; and • Modify ceiling grid and furr -down to allow duct installation in passenger queuing area. FUNDING: Funding is available from FAA Grants and Airport Capital Improvement Funds upon appropriation. Fred Segundo Director of Aviation 361 -289 -0171 ext. 1213 freds@cctexas.com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Previous Actions Exhibit C. Exhibit D. Exhibit E. Change Order Summary Budget Location Map Pete Anaya, P,E. Director of Engineering Services 361- 826 -3781 petean@cctexas.com Page 1 of 1 H:IHOMEIKE V I NSIGENI AIR_ restored120091mprovements 1E09046Term inalRehabi litatio n &FISIAwd C01 Memo. doc -69- BACKGROUND INFORMATION SUBJECT: Corpus Christi International Airport Terminal Building Rehabilitation (Project No. E09046) CHANGE ORDER No 1: Change Order No. 1 addresses modifications to the project plans. The modifications address items that are necessary due to unforeseen field conditions and to ensure compliance with applicable codes. The changes are: • Provide for new emergency egress stairwell at Gate 3 as the existing stairwell could not be modified without interfering with loading gate operation; • Address higher than expected local water table requiring additional dewatering; • Modify duct work in Zone 5 which was necessary to allow adequate head clearance in hallway; and • Modify ceiling grid and furr -down to allow duct installation in passenger queuing area. A summary of the change order is attached. See Exhibit C. PROJECT DESCRIPTION: The project provides for the renovation and enlargement of the existing Terminal Building Federal Inspection Services facilities. The existing station currently processes approximately 50 persons per hour through Customs and Border Protection. The renovated facility will allow the processing of between 200 and 250 persons per hour. This is being achieved by: • Increasing the number of processing stations; • Increasing the size of the Arrivals Primary Processing Area; • Improving the baggage claim facilities; and • Increasing the size of the secondary bag screening area. FUNDING: Funds are available from FAA Grants and Aviation Capital Reserve CIP funds. The project budget is attached. See Exhibit D. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the item and recommends approval. RECOMMENDATION: Aviation, Engineering and the project consultant recommend approval of the motion as presented. FUTURE COUNCIL ACTION: Council will be requested to authorize any additional change orders as may be required. Exhibit A Page 1 of 1 M: IHOMEI KEVIN51GEMAIR _restored12009fmprovements1E09 ariIl lnalRehabilitation&FIS1AwdC01 BkgExhA.doc PREVIOUS. ACTIONS PRIOR COUNCIL ACTIONS: October 13, 2009 - Motion authorizing the City Manager, or his designee, to execute a professional engineering services contract with Jacobs Engineering Group, Inc. of Ft. Worth, Texas in an amount not to exceed $75,400.00 for the Corpus Christi International Airport Terminal Rehabilitation Conceptual Phase Services, Task 2 Airfield Perimeter Road Rehabilitation, and Task 3 Airfield Terminal Apron Rehabilitation Projects with Task Orders 2 and 3 subject to (1) FAA funding; (2) City Council acceptance and ordinance appropriating the funds, and (3) Motion to authorize City Manager or his designee to execute an amendment to the Agreement to authorize the fees for Task Orders 2 & 3 (Motion No. 2009 -289). December 15, 2009 - Ordinance adopting the FY2010 Capital Budget and Capital Improvement Guide (Ordinance No. 028449). February 16, 2010 - Motion authorizing the City Manager, or his designee, to execute a professional architectural /engineering services contract Amendment No. 1 with Jacobs Engineering Group, Inc. of Ft. Worth, Texas in an amount not to exceed $662,976.50 for a restated not to exceed fee of $738,376.50 for the Corpus Christi International Airport: • Task Order 4 - Terminal Rehabilitation Design through Construction Phase Services - Federal Inspection Station Facility Renovation /Expansion, • Task Order 5 - Wildlife Hazard Analysis and • Task Order 6 - Electrical Tunnel Structural Integrity Investigation Motion No. 2010 -036). September 21, 2010 - a. Ordinance Appropriating $2,802,051 from the Federal Aviation Administration Grant No. 3 -48- 0051 -046 -2010 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Terminal Building, and declaring an emergency (Ordinance No. 028790). b. Motion authorizing the City Manager, or his designee, to execute a construction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount of $3,231,000.00 for the Corpus Christi International Airport Terminal Building Rehabilitation project for Base Bid only for the expansion of the Federal Inspection Services (FIS) area to increase the screening capacity of Customs and Border Protection, Subject to Appropriation (Motion 2010 -224). PRIOR ADMINISTRATIVE ACTIONS: June 17, 2009 - Release of Request for Qualifications (RFQ) No. 2009 -06 for Selection of Planning and Architect/Engineering Services for Corpus Christi International Airport in compliance with FAA Regulations for selection of consultant services. November 2, 2010 -- Administrative award of a professional engineering contract in the amount of $17,594.50 to Raba Kistner Consultants, Inc. of Corpus Christi, Texas for engineering materials inspection and laboratory testing services for the Corpus Christi International Airport Terminal Rehabilitation and Federal Inspection Station. Exhibit B Page 1 of 1 1-1:I1-10MEIKEVINS\GENI AIR_ restored120091mprovements1ED9046TerminalRehabilitation &FIS1AwdeO1 PriorActionsExhB.doc -73- CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO 1 FUNDING SOURCE FAA Funding Operating Department: CCIA (Aviation) Name of Project Corpus Christi International Airport - Rehabilitate Terminal Building Contractor: CONTRACT TIME: No Charge DATE: 28-Jan-11 Barcom Commercial, Inc. 5826 Bear Lane Corpus Christi, Texas 78405 Change Reouest Surnmary 001 006 007 008 ADD $37,157.65 $6,210.00 52,842.80 $1,811.25 Total Net 548,021.70 DEDUCT CR001 Why was this change necessary? (If left off the plans and specifications. explain why ?) Original intent was to relocate and re-use existing stairwell However, it was determined that the configuration of the exiting stairwell could have an operational impact on Gate 3's passenger boarding bridge currently used by Continental Airlines. This necessitated a new stairwell configuration. How can similar changes be avoided in the future? Continuing communications with tenants through airport management to create a better understanding of tenants' operational expectations CR 008 Why was this Change Necessary? ( If left off theplans and specifications, explain why?) Unforeseen conditions - local water table was at a higher level then initially indicated in existing geo technical data. The change in construction material and means and methods of installation is required to accommodate existing conditions of the project site. How can similar changes be avoided in the future? Previous gee- technical data did not reflect the water table level as currently revealed during construction CR 007 Why was this Change Necessary? (If left off the plans and specifications, explain, why ?) Proposal includes the labor, equipment, and materials to remove some exisiting ductwork and replace some with reconfigured duct work in hallway of Zone 5. How can similar changes be avoided In the future? Unforeseen condition during pre- activity planningprocess CR 008 Why was this change Necessary? (If left off the plans and specifications, explain why?) Around duct work (Main Supply) in Zone 5. Current duct work location infringes on ceiling grid installation in passenger queuing area. How can similar changes be avoided in the future? Unforeseen condition during pre - activity planningprocess The change requests reflected in this change order, are considered as being within industry standards for similar work types. Except as provided herein, all terms and conditions of this Contract remain unchanged. The terms and conditions of this Contract modification include all known and anticipated or amounts, direct, indirect and consequential, which may be incurred as a result of the event of matter, giving rise to this change. A. CONTRACT PRICE $3,231,000.00 B. TOTAL CHANGE ORDER (inc. current) 548,021.70 C. NEW CONTRACT PRICE 53,279,021.70 D. THIS CHANGE ORDER 548,021.70 E. PERCENT TOTAL CHANGE (B/A) 1.49% F. PREVIOUS TIME AUTHORIZED 0 G. ADDN'L CONTRACT TIME THIS CHANGE ORDER 0 H. TOTAL ADDITIONAL TIME 0 CITY OF CORPUS CHRISTI, TEXAS By: Direct of Engineering Services 4/t I APPROV . � Operating Department Dir. of Management & Budget Legal Department -75- Pro =m Manager Jacobs ;,gineering G CONTRACTOR By: Title: `+7Y re- !gyp rte) Exhibit C Page 1 of 1 Airport Terminal Building Rehabilitation (Project No. E09046) Preliminary Project Budget May 10, 2011 FUNDS AVAILABLE: Aviation CIP FAA Grant Funds $3,937,991.44 Airport Capital Reserve CIP Fund $ 434886.76 Total $4,372,878.20 FUNDS REQUIRED: Construction Contract $3,231,000.00 Change Order No. 1 $ 48,021.70 Project Contingency (5 %) $ 161,550.00 QA/QC Testing Contract (Estimated) $ 50,000.00 Engineering Design $ 738,376.50 Geotechnical Investigation $ 0.00 Construction Inspection (3 %) $ 96,930.00 Survey (N.A) $ -0- Engineering Project Liaison $ 28,000.00 Printing $ 8,000.00 Advertising $ 6,000.00 Miscellaneous $ 5,000.00 TOTAL $4,372,878.20 EXHIBIT "D" Page 1 of 1 H:IHOMEIKEVINS\GENI AIR_ restored120091mprovements1E09046TerminalRehabilitation &FIS1AwdC01 BudgetExhD.doc —77— File : \ Mproject \councilexhibits \exh09046b.dwg 7p RiI�R ROAD �� CORPUS 4____ C5- IPJSir BAN OW' i4 z !A X � a BEAR IF T� LOCATION MAP NOT TO SCALE BOCKHOLT RD CORPUS CHRISTI \ \ CHRISTI I //INTERNATIONAL AIRPORT \\ \ \�� \ \\� ( C \\ JOE MIREUR ROAD MCGLOIN ROAD SITE LOCATION NOT TO SCALE PROJECT # E09046 T 11 I EXHIBIT "E" Corpus Christi International Airport Terminal Building Rehabilitation 7-0 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 9 of 1 DATE: 5-10-2011 INN 40%0. CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 10, 2011 AGENDA ITEM: Motion approving the application for street closure from Corpus Christi Road Runners to temporarily close the following street sections for the 36th Annual Beach to Bay Relay, to take place, Saturday, May 21, 2011. A. The temporary street closure of the north bound lanes of Shoreline Boulevard between Furman Street and Coopers Alley, beginning at 5:00 p.m. Friday, May 20, 2011 and ending at 5:00 p.m. Saturday, May 21, 2011. B. The temporary street closure of Park Avenue between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 5:00 p.m. Friday, May 20, 2011 and ending at 5:00 p.m. Saturday, May 21, 2011. C. The temporary street closure of Kinney Street between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 5:00 p.m. Friday, May 20, 2011 and ending at 5:00 p.m. Saturday, May 21, 2011. ISSUE: Doug McBee with the Corpus Christi Road Runners has requester) the temporary closure of northbound Shoreline Boulevard for the 36th Annual Beach to Bay Relay Marathon. REQUIRED COUNCIL ACTION: Street closing permits for large public events and closing of the water access area requires City Council approval. CONCLUSION AND RECOMMENDATION: Approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services PeteAn @cctexas.com 826 -3781 Attachments Exhibit "A" - Background Information Exhibit "B" - Site Plan Exhibit "C" - Street Closure Application H:IHOME\Traffic Engineering\Council Agenda MemoslFY 10- 111SPECIAL EVENTS STREET CLOSURESIBEACH TO BAYIBEACH TO BAY 2011.doc BACKGROUND INFORMATION This year will mark the 36th Beach to Bay Relay Marathon for Corpus Christi. The annual six - person relay running event is held on the third Saturday in May also known as Armed Forces Day. The race has grown in immense proportions since 1976. In 2010, the Beach to Bay Relay Marathon had 2,356 teams totaling over 14,000 runners. It has attracted runners from Kenya, England, Mexico, and Canada. The Beach to Bay Relay is the most premier and largest relay running event in the United States. All proceeds from the Beach to Bay Relay Marathon go to assist local charities in the Coastal Bend Area. In previous years the Beach to Bay Relay would begin at Nueces County Park and end at Cole Park. Due to construction scheduling the relay will begin at Nueces County Park on the beach south of Bob Hall Pier and will end at McCaughan Park. The Corpus Christi Road Runners is requesting the street Closure of northbound Shoreline between Furman Street and Coopers Alley to end the race and conduct the relay's ceremony and festivities for all participants. Traffic Control set up will begin on Friday, May 20th at 5:00 p.m. to allow for event set up and will be removed on Saturday, May 21st at 5:00 p.m. Exhibit "A" H:IHOME1Trafic Engineering\Council Agenda Memos\FY 10- 111SPECIAL EVENTS STREET CLOSURESIBEACH TO BAYIBEACH TO BAY 2011.doc COOPERS ALLEY 1111 1111 COOPERS ALLEY L -HEAD TEMPORARY STREET CLOSURE - STREET CLOSURE EXHIBIT "B" SUBJECT: BEACH TO BAY STREET CLOSURE - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. a Cif,, of Corpus Chnsii EXHIBIT "C" City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT 1. Name of Organization Sponsoring Event Co t p i r S \ ROaj r u Oiler c Address: p. .D X <375 City: � State: 7- Zip: 7 Phone #: 361- Too— — 14 Fax #: 3 6;.— q - 1 Email: dOti v 1 2. Name of Proposed Event: 3. Date of Planned Event: 4. Key Contact Individual 5. B I✓ C f Phone #: S 6 i- 4%4)- 14 OE Streets) Requested for Closure, Dates and Times of Day: - DESCRIBE 5hor. Lit i" B 1.va. -. - T l m. a an „wile . G it 3r` a :JAI A. w _i. _„ .i[ s as ► a ct -vj N . S nice Ii 5, Purpose of Event and Detailed Description of Activities Planned: s 7. List foods and beverages to be served: WIZ?, j ; '[j• Par 5nf8 8. Services Requested. by the City: T fi r . .5�;irb1 f' fl 9. Attach a diagram illustrating in detail the location of booths, stages, restroams, first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9120188) 11. Attach an official letter of transmittal requesting approval of the event at least (30) day prior to the event date. 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions; A. Admittance to said event shall be free, B. All profits derived from the event shall be for charitable causes; reimburat the Oity for all cost; incurred by thc City in cuppart of said be made to the city within sixty (CO) doy3 after thc ;vent cnCka. i0. *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A ". E. *Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi - tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered, H. Provide adequate number of restroom facilities to accommodate the anticipated public; 1. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. Air security other than perimeter traffic control shall be provided by sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. Rage 2 of 8 K. Ali construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; 0. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; 0. Vehicles shall be prohibited from parking on grass areas within the street right -of -way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with: T, Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival -type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required, *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Sponsoring Organization 1)- 14_.. -tI Date Submitted For more information please contact: The City of Corpus Christi, Traffic Engineering Division at Ph: 361-826-3547 ■ pax: 361- 826.3545 1201 Leopard St. Corpus Christi TX 78401 * PO Box 9277 Corpus Christi, TX 78469 -9277 Page: 3 of 8 INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right-of-way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney-s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit, The Contractor, during the term of operations specified in this Public Right -of- Way dockage Permit, will provide and maintain at the Contractor expense, Comprehensive General liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence cif required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this date of 20 Permit Ap nt Signature dtf( Coon-ef S Company ame Fag�Aof8 EXHIBIT A - INSURANCE REQUIREMENTS I. PERMITTEE-SS LIABILITY INSURANCE A. Perrnittee must not comrnenee work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until ail similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City'S Risk Manager, Certificate of insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named es an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non- Bodily Injury and Property Damage renewal, material change or termination is required an all certificates Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: $1,000.000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises — Operations 3. Underground Hazard 4. Praductsf Completed Operations Hazard 5. Contractual Liability 5. Broad Form Property Damage 7. Independent Contractors C. In the event of accidents of any kind. Perniiltee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation in favor of the City is also required. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or between "be" and "canceled", and deleting the words, "endeavor to ", and deleting the wording after "left'. In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory, ▪ The name of the project must be listed under "Description of Operations ", • At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is required, 2008 Street Ciosur2 Parmit ins, rag. 5 -$ -08 ep Risk Mgmt, Risk Management Representative Approved Insurance Date Paste 5 of 8 DIVISION 2. TEMPORARY CLOSURE OF STREETS Sec. 49 -15. Permit required, application. No streets shall be closed temporarily nor shall any street right -of -way be used in such a manner as to impede the free flow of traffic without the issuance of a permit by the city as provided herein, Any sponsor of an event desiring to close one (1) or more streets for said event shall make application there for on forms furnished by the city containing such information as the city may require including, but not limited to, the date and location of the event, the name of the sponsoring organization, the purpose of the event, and a diagram illustrating the street or streets to be closed and the layout of activities, The application must be submitted at least twenty (20) working days prior to the event and must be accompanied by an application fee as hereinafter provided to cover administrative costs, .(Qrti. No. 17651, § 1, 6 -15 -1983; Ord. No. 20463. § 1. 9 -20 -1988) Sec, 49 -16. Issuance of permits; classification of events. Upon the review and recommendation of the application by the city, permits may be issued for the temporary closure of a street or streets in the following manner: a) Neighborhood events. For neighborhood events at which no admission is charged and no items are sold and which require the closure of residential neighborhood streets for less than twelve (12) continuous hours; permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. A permit application lee of one hundred ten dollars ($110.00) is required for such events, b) Small events. For small events which require the closure of one (1) or more minor streets adjacent to churches, schools, or other public institutions, not involving extensive detouring of traffic and not requiring closure for more than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. For the purposes of this section, the term "minor streets" shall mean any streets other than arterial and collector streets as classified on the urban transportation plan, A permit application fee of two hundred dollars ($200.00) is required for such events. c) Large events. For all other events, which shall he treated as large events, including, but not limited to, events which require the closure of one (1) or more major streets or involve more extensive detouring of traffic, permits may only be issued by the city manager upon the approval of the city council expressed by motion. A permit application fee of two hundred dollars ($200.00) is required for such events, (Ord. No, 17651, § 1, 6 -15 -1983; Ord. No. 20463, § 2, 9- 20- 1988; Ord. No. 027349, § 5, 7 -24 -2007) Sec. 49 -17_ Conditions and requirements for permit. Prior to the temporary closure of any street, the sponsor must agree to comply with the conditions and requirements for such temporary closure imposed by the city including, but not limited to, the following: e) All events shall be open to the public and admission shall be free. b) All profits derived from the event shall be used for charitable purposes, c) Insurance policies naming the city as en additional insured shall be obtained with minimum coverage for small events of five hundred thousand dollars ($500,000,00) /five hundred thousand dollars ($500,000.00)lone hundred thousand dollars ($100,000,00) a4!` G or A and for large events of five hundred thousand dollars ($500,000.00) /one million dollars (31,000,000.00) /one hundred thousand dollars (5100,000,00). Certificates evidencing the required coverage shall be supplied the city at least five (5) days prior to the event. d) The sponsor shall agree to indemnify and forever save harmless the city from any claims arising from the event. e) Sufficient barricades shall be obtained by the sponsor and placed in accordance with a plan approved by the traffic engineer. f) (1) Notice required under this section must be furnished and posted at least two (2) weeks prior to the required city council meeting at which the motion to approve the permit will be considered. (2) Standard form of approved written notice required. The applicant/sponsor must give written notice by using the standard approved form supplied by the traffic engineer. (3) Required recipients of written notice. a, The applicant or sponsor muss furnish approved written notice of the proposed temporary street closure as follows: 1. To all tenants occupying a tenant space of property abutting that portion of the street to be closed to vehicular traffic; and, irr addition, 2. To all building managers and property managers of all multi - tenant properties abutting that portion of the street to be closed to vehicular traffic, 3. If the property abutting that portion of the street to be closed to vehicular traffic is vacant, approved written notice may be mailed to the property owner's last known address according to the of the Nueces County Tax Appraisal District's records. b. Proof of delivery. As part of the permit application process, the applicant must show the traffic engineer proof of having furnished the written notice required under this chapter. c. Hand delivery. Proof of each hand delivery may be shown by providing the signature of the recipient, along with the recipient's name, address, and contact inforrriation. d. Certified mail, If written notice cannot be made by hand delivery, proof may be shown by the receipt of certified mail delivery. (4) Posting of approved written notice required The applicant or sponsor must post the approved written notice on tie inside of entrances to multi- tenant buildings of properties abutting that portion of the street to. he closed to vehicular traffic. (5) At least two (2) weeks' notice of public meeting required. The applicant or sponsor's approved written notice of the proposed temporary street closure shall include notice of the date, time, and location of the city council meeting al which approval of the permit is scheduled. g) Adequate restroom facilities must be provided to accommodate the needs of the pubic h) All other permits required by the state or any other public authority must be obtained by the sponsor at least two (2) weeks prior to the event. f) Ali security shall be provided by the sponsor. j) Any construction of booths, stages, displays, electrical services and plumbing shall comply with the relevant city codes and shall be in accordance with the layout approved in the permit. k) A sufficient supply of potable water shall be supplied within the event site. 1) Adequate first aid stations shall be provided by the sponsor. m) The sponsor shall provide continuous cleaning of the site during the event and at the conclusion of the event restore the site to the same condition It was in prior to the event. Any damaged public property shall be restored by the sponsor upon conclusion of the event, Page 7 or a n) Vehicles shall be prohibited from parking on grass areas within the street right -of -way, o) No paint or other markings shall be permitted which in any way obliterate or deface any pavement markings, p) Provision shall be made for the free passage of emergency vehicles into the event area in case of emergency. q) City council may authorize a regularly schedule event such as 8ayfest or Buccaneer Days to charge an admission Fee. r) The city council by motion may authorize temporary closure of a street for producing a historical, cultural, documentary, promotional, or other similar motion picture, or for conducting a comparable event, which will promote the city. In addition to the application fee required by section 49.16. before the permit is issued the sponsor shall pay the same occupancy charges that would be required by section 53 -195 fora contractor occupying public right -of -way during erection, construction or repair of a building, If the city council finds that producing the motion picture or conducting the event in the city will provide sufficient favorable publicity and economic benefits to justify waiver, the council may waive the payment of said occupancy charges and may waive the requirements of subsections (a) and (b) above, In addition to the foregoing conditions and requirements, the city may require such other conditions or requirements as are reasonably necessary to fit the particular needs of the event in order to ensure the public safety and protect public property. (Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 22157, § 1, 2 -21 -1995; Ord. No, 23128, § 1, 11 11.1997; Ord, No, 24136, § 1, 7 -25 -2000; Ord. No. 027393. § 1, 8 -28 -2007) Sec. 49 -18. Reimbursement for costs of the city. For any event requiring the temporary closure of one (1) or more streets the sponsor must agree to either: a) Pay to the city four (4) per cent of the gross receipts derived from the event to defray the public expenses involved in producing the event; or b) Pay to the city an amount equal to the actual costs and expenses incurred by the city cleaning the site after the event and any other actual expenses of the city associated with the event. (Ord. No. 17651, § 1, 6 -15 -1983) Sec, 49 -19. Reserved. http: /Jwww,municode.com/ resources /gateway,asp_.?oid 13945 &sid =43 Chapter 49 Streets and Sidewalks* Division 2, Temporary Closer of Streets Sec. 49 -15 through Sec. 49 -19 Page R of 9 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: May 10, 2011 Ordinance abandoning and vacating a 250- square foot portion of an existing utility easement out of the Amending Plat for Summer Wind Village Phase 1, Block 7, Lot 46R, located west of and adjacent to the Aaron Drive public street right -of -way; requiring the owner, Extreme Homes of Texas, L.L.C., to comply with the specified conditions; and declaring an emergency. ISSUE: The closure of the utility easement is necessary to allow for the adjustment of the common lot line and utility easement between lots 45R and 46R. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 1, requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of the building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by Ordinance No. 025816. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. \A114,_ Juan Perales, Jr., P Assistant City Manger Departments of Engineering & Development Services Email: JohnnyP @cctexas.corn Telephone: 361 -826 -3828 Attachments: Exhibit A Background Information Exhibit B Ordinance Exhibit C Site Location Map L:IPLN- DIRlspecial- serv.lwillie medinalcity council agenda 20111esmt•clo\summer Wind Village Phase 1.M AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Balusek- Frankson Engineers - Surveyors Firm, on behalf of Extreme Homes of Texas, L.L.C. ( "Owner"), is requesting the abandonment and vacation of a 250- square foot portion of a 2.5 -foot wide utility easement out of the Amending Plat for Summer Wind Village Phase 1, Block 7, Lot 46R, to allow for the adjustment of the common lot line and utility easement between lots 45R and 46R. The easement to be abandoned and vacated is located in an "R -1 B" One Family Dwelling District. All public and franchised utilities were contacted. None of the city departments or franchised utility companies had any facilities within the utility easement. There were no objections regarding the proposed utility easement abandonment. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49 -12 because Owner will be dedicating a new utility easement of equal or greater value to off-set the proposed abandonment and vacation of the easement. The Applicant must also comply with all the specified conditions of the ordinance within 180 days of Council approval. Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of the building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by Ordinance No. 025816. The Applicant must also comply with all the specified conditions of the ordinance within 180 days of Council approval. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. L:1PLN- DtRlspecial- serv.lwillie medinalcity council agenda 20111esmt -clo \Summer Wind tillage Phase 1.M2 EXHIBIT A ORDINANCE ABANDONING AND VACATING A 250 - SQUARE FOOT PORTION OF AN EXISTING UTILITY EASEMENT OUT OF THE AMENDING PLAT FOR SUMMER WIND VILLAGE, PHASE I, BLOCK 7, LOT 46R, LOCATED WEST OF AND ADJACENT TO THE AARON DRIVE PUBLIC STREET RIGHT -OF -WAY; REQUIRING THE OWNER, EXTREME HOMES OF TEXAS, LLC TO COMPLY WITH THE SPECIFIED CONDITIONS AND DECLARING AN EMERGENCY. . WHEREAS, Extreme Homes of Texas, LLC (Owner), is requesting the abandonment and vacation of a 250 - square foot portion of an existing utility easement out of the Amending Plat for Summer Wind Village Phase 1, Block 7, Lot 46R, located west of and adjacent to the Aaron Drive public street right -of -way, in order to allow for the adjustment of the common lot line and utility easement between Summer Wind Village Phase 1, Block 7, Lots 45R and 46R. The easement to be abandoned and vacated is located in a "R-1B" One - family Dwelling District. WHEREAS, with proper notice to the public, public hearing was held on Tuesday, May 10, 2011, 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 access and utility easement, subject to the provisions below. (Exhibit A — Metes and Bounds Description, Exhibit B- Utility Easement Release, Exhibit C — Site Map) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A 250- square foot portion of an existing utility easement out of the Amending Plat for Summer Wind Village Phase 1, Block 7, Lot 46R, located west of and adjacent to the Aaron Drive public street right -of -way, as recorded in Volume 67, Page 449 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above access and utility easement is conditioned upon Owner's compliance with the following: 1) Since Owner will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinances Section 49 -12, the requirement of paying fair market value for the property is waived. 2) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval, H:1 LEG- DIR1SharedlLEGAL- DEV.SVCS12011 Agenda15- 10- 111Sumnjr§rind Abandon and vacate 14- 28- 11OrdinanceDWBFlnal.docx 3) Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by Ordinance No. 025816. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED as to FORM this of day of April, 2011. borah Walther Brow ssistant City Attome For City Attorney H:I LEG- DIR\Shared\LEGAL- DEV.SVCS.2011 Agenda15- 10 -I11Su rind Abandon and vacate14- 28- 11OrdinanceDWBFInal.docx Corpus Christi, Texas Day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 1I :1 LEG- DIRIShared\LEGAL- DEV.SVCS12011 Agenda15 -1O -I 11Sun lJENind Abandon and vacate14 -28 -1 1 OrdinanceDWBFInal.docx 689' 6395 S 0 6905 6909 1.. SUMMER WIND VILLAGE PH LTS 45R & 46R SK 7 EASEMENT CLOSURE PROPOSED EASEMEMENT CLOSURE tf,'• S., -1 1.203 43 4350 _ WILL W1aK" SCI�I.'E OL T"RA 1 225 450 Feet Summer Wind Village Ph 1 Lts 45R & 46R Bk 7 Proposed Easement Closure Easement Closure Dale: 4/0612011 File: E:4I11V P \U16hy_Eeseraeni @ummer VVlnd Ph 1 lie 451:_a_46_ Bk 7.m„d Repared By SRR Develcpmenl Sendees9lS 439! 4394 LOCATION MAP —102— EXHIBIT C FIELDNOTE DESCRIPTION FOR 250 SQUARE FEET OF LAND THE STATE OF TEXAS § COUNTY OF NUECES § BEING a 250 square feet of land situated in Lot 46R Amending Plat of Summer Wind Village Phase I, Lots 45R & 46R, Block 7, as recorded in Volume 67, Page 449 of the Plat Records of Nueces County, Texas, said 250 square feet being more fully described by metes and bound as follows: COMMENCING at an existing 518 inch iron rod in the northwest right -of -way line of Aaron Drive at the most eastern comer of said.Lot 45R, THENCE, S. 28° 06' 43" W., a distance of 7.50 feet along the northwest right -of -way line of Aaron Drive, same being the southeast line of the said Lot 46R, THENCE, N. 61° 53' 17" W., a distance of 10.00 feet to the PLACE OF BEGINNING, same being the most eastern corner of the herein described tract; (Bearings based on the said Amended Plat of Lot 45R & 46R, Block 7, Summer Wind Village Phase I.) THENCE, S. 28° 06' 43" W., a distance of 2.50 feet to a point for the most southern corner of the herein described tract; THENCE, N. 61° 53' 17" W., a distance of 100.00 feet to a point in the northwest line of the said Lot 46R, said point being the most western corner of the herein described tract; THENCE, N. 28° 06' 43" E., a distance of 2.50 feet to along the northwest line of said Lot 46R to a point for the most northern corner of the herein described tract; THENCE, S. 61° 53' 17" E., a distance of 100.00 feet along a line 7.50 feet southwest of and parallel to the northwest line of the said Lot 46R to the PLACE OF BEGINNING containing within these metes and bounds 250 square feet of land. I hereby certify that the above fieldnote description is based on a survey made on the ground, under my supervision in October 2010 and is true and correct to the best of my knowledge and belief. A. C. FRANKSON el,keh 2299 4. giflig DATED: ¢ —S8 -!f GZ.0 A.C. FRANKSON Registered Professional Land Surveyor Texas Registration No. 2239 —1 0 3— EXHIBIT A 10189 FiddNot Z DSgnu,fxa o§ b. 0 o SUM ER WIND VILLAGE PHASE I ti VOL. 67. PC. 368 d 369 �o in 44 1 14,1 I MAP RECORDS .Z I) ti BLOCK 7 0I o N t41 lz5 tati2 45R AMENDING PLAT Wari 1 'SUMMER WIND VILLAGE PHASE 11 p Z p LOTS 45R & 46R. BLOCK 7 MAP RECORDS . , 1 1 VOL . 67. PG. 449 1 k. O 4 S 61.53'17" E 7.5' U O 1/1 AA AA 7 • 1 0 0 to 0 • t- N 28606'43" E 2.50' AMENDING PLAT SUMMER WIND VILLAGE PHASE I LOTS 45R d 46R. BLOCK 7 VOL. 67. PG. 449 MAP RECORDS AARON DR. N 61.53'17" w 10.00' 28•06'43" W 2.50' EXHIBIT B UTILITY EASEMENT RELEASE 46R OFAT 250 E AMEND INC PAT OF SUMERrW/ DDVILLACE PHASE 1, Lars 45R d 46R. BLOCK T. NUECES COUNTY. TEXAS. BALUSEK- FRANKSON ENCwEERS a SURVEYORS F -918J 308 E. GOODWIN- VICTORLI. rExAS 361/518-9956 Drown By: C.O. I Approved By: A.C.F. Scae: 1 • 41:1 1 Job No. 10-189A 1 Dots: 03-02-it 10 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: May 10, 2011 Ordinance abandoning and vacating a 41,173- square foot portion (0.9452 acre) of an existing 60- foot wide access and utility easement out of Port Addition, Block 1, Lot 3, located north of the North Port Avenue public street right -of -way; requiring the owner, Port of Corpus Christi Authority, to comply with the specified conditions; and declaring an emergency. ISSUE: The Port of Corpus Christi Authority (POCCA) is requesting the closure of the access and utility easement to accommodate the future development of Lot 3, Block 1, Port Addition. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 1, requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of the building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by Ordinance No. 025816. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. n amt .42Z J an Perales, Jr., P.E., Assistant City Manager Departments of Engineering & Development Services Email: JohnnyP ©cctexas.com Telephone: 361 -826 -3828 Attachments: Exhibit A Background information Exhibit B Ordinance Exhibit C Site Location Map L :\PIN- DIR\special- serv.lwillie medlnalcity council agenda 2011\esmt- clo15ummer Wind Village Phase 1.M —107— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND; The Port of Corpus Christi Authority (POCCA), is requesting the abandonment and vacation of a 41,173- square foot portion of a 60 -foot wide access and utility easement out of Port Addition, Block 1, Lot 3, to accommodate the future development of Port Addition, Block 1, Lot 3, in its entirety by the lessee, Durlame, L.L.C. The easement to be abandoned and vacated is located in an "I -3" Heavy Industrial District. All public and franchised utilities were contacted. None of the city departments or franchised utility companies had any facilities within the utility easement. There were no objections regarding the proposed access and utility easement abandonment. In accordance with City Code of Ordinances Sec. 49- 12(c)(4), staff recommends that no fair market value payment be required, as the public way which was established by easement for the purpose of access to and from the Stadium Site to Port Avenue, and for the purpose of providing utility services to the Stadium Site, has never been improved nor used for any public purpose. Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of the building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by Ordinance No. 025816. The Applicant must also comply with all the specified conditions of the ordinance within 180 days of Council approval. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. L,1PLN- DIRlspecial- serv.lwillie medina\city council agenda 20111esmt -clo \Port Addition.M2 EXHIBIT A -108- ORDINANCE ABANDONING AND VACATING A 41,173- SQUARE FOOT PORTION (0.9452 ACRE) OF AN EXISTING 60 -FOOT WIDE ACCESS AND UTILITY EASEMENT OUT OF PORT ADDITION, BLOCK 1, LOT 3, LOCATED NORTH OF THE NORTH PORT AVENUE PUBLIC STREET RIGHT-OF-WAY; REQUIRING THE OWNER, PORT OF CORPUS CHRISTI AUTHORITY, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, the Port of Corpus Christi Authority (Owner), is requesting the abandonment and vacation of a 41,173- square foot portion (0.9452 acre) of an existing 60 -foot wide access and utility easement out of Port Addition, Block 1, Lot 3, located north of the North Port Avenue public street right -of -way, in order to accommodate the future development of Port Addition, Block 1, Lot 3 in its entirety, by the lessee, Durlame LLC. The easement to be abandoned and vacated is located in an 1 -3 Heavy industrial District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, May 10, 2011, 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 access and utility easement, subject to the provisions below. (Exhibit A — Metes and Bounds Description, Exhibit B- Metes and Bounds Location Map, Exhibit C — Site Map) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A 41,173- square foot portion (0.9452 acre) of an existing 60 -foot wide access and utility easement out of Port Addition, Block 1, Lot 3, located north of the North Port Avenue public street right -of -way, as recorded in Volume 63, Pages 88 -89 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above access and utility easement is conditioned upon Owner's compliance with the following: 1) Since the public way which was established by easement for the purpose of access to and from the Stadium Site to Port Avenue, and for the purpose of providing utility services to the Stadium Site, has never been improved nor used for any public street purpose, in accordance with City Code of Ordinances Section 49- 12(c)(4), the requirement of paying fair market value for the property is waived, 2) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 3) Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec..49 -13, as amended and approved on July 13, 2004, by Ordinance No. 025816. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary APPROVED as to FORM this Mayor, City of Corpus Christi �C. day of April, 2011. borah Walther Brow Assistant City Attorney For City Attorney Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong f URBAN' ENGINEERING State of Tuns catnty ofNeeces 20.2011 Job Ns 42271.00.09 Revised April 26,2011 Fhld Notes f c the closing of 0.9452 acres, added s Ovate easement described in Daaomot # 200400741/ ail being the some earnest described on Plat ef24.937 total acres of hood opt of Vohene 146, Pie 435, Volume 146, Page 537, Vaiame 146, Pep 537, Volume 146, Page 570, Volume 143, Pape 494 Deed Rereads of Nuecss Cooly, Tenn Document %335421 Official Public Records and Beach Portion oMapes arbt Volume A, Page 3 Map Records ofNnecea County, Teams and mantled in Volume 63, Pep 3349 M , Records *Memo Coady; mid easement being more Idly described *Weird bounds as follows: ' Begluspsg at point on the north boundary of Port Avenue„ a public mud wry, fix the soullasat canner of Lot 2, Block 1, **Port Addltim, same being the southwest comer of said Lot 3 and of this easement (No Mamnmemt lion Found our Set) • neon, North 01°10' 12" West, along the emit boundary of said Lot 2, same being the west boundary of said Lot 3, a &steam of 636.25 bet to the northwest comer ofthis easement (No Iwmumanhtion Pound or Set); Thence, North 13°41'43" East, along the north boundary of said Lot 3, a &M ace of 60.00 Beet to the =theft canter aftlb usenet (No Monemmtedos Found or Set); Thence, South 01 011112 Emit a distnooe ol'61625 fleet to the north boundary of said Port Avenue, for the soffit corner of this easement (No Mosu mnt tten Found or Set) Thence, South 53°41'41" West, along the north boundary of sold Post Averse, a distance of 60.00 het to the Polj of Begieniag end containing 09452 Ames (41,171000 Squae Feet) of lend. Berm an based on the recorded plat of Port Addition, a map of which is recorded in Volume 63, Pagan 38 and 89 of the Map Records of Nuecse County, Tanoa, Within Hiy Description, preamble, seal and eigoehne, appears in its entlregy, in its as3gi� �, oar veyor 8:1Surreying$727110Q0007N 60 filet wide enamt.4ac Pige1of1 Lkiess Ng, 4713 (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)834 4001 www.urboneng.cam TBPE Firm #145 — 1 1 2- EXHIBIT A { LOCATION MAP N.T.S. Wit411411 Eta _ EXHIBIT B Map to Accompany RADOM for 1a. *ins r o Nola alb. . .mat �r.r b t�. omu t 1 UMW a d t�. `irr Erns a smat aria .r 1M .f M.137 all w t.ad ..t .1 aka all, Par 411 alum 141, Pavia. warn 141. P .w1, aim IAA Pimp 4g alms Ira da law da wr II ad 1rib 1� . aria Wan iite Pm 3 3. Mara d Nam Us ad amid le was 111, Par 111-111 Mop at Nam Port Avenue GINEERING =rue (HIM rou$ SAWS RE st1 GrataT HA RE Oft OR 2 PORT ADD LT 3 BLK 1 EASEMENT CLOSURE 3 CI,Rr X40)tFla pQMT AVE 2 042111 011 Prep red 8y: RR Department of Developtl�enrSetV es PORT ADDITION LT 3 BLK 1 EASEMENT CLOSURE Easement Closure Dela:411112011 fie; ESgWillleWdllly Easement C€osure_Mep_Templete.med PraperedBy: &RR C6y a1 Corpus Christi Ueve €opmenl Service .GIS e, .._ 1 , * I TOY 'il ` %!'/� • ,.. . 1 EE A LOCATION MAP L SUBJECT PROPERTY fir. City of CO pus Christi -1 1 4- EXHIBIT C ...•.�,Y 141 son, ro.r. b 148841'48'E 60.00' LOCATION MAP N.T.S. T PtnatofBrgumugg No manumunlation S88'41'48"W No monumsntatlon found or set found or set 60.00' Port Avenue Lot 3, Bleak 1 Port AddHlon Vol. 53, Pr. SB -eg, Hopp Records Of Nunes County, Texas s e0' 3C 0 ed' 170' 1.rea' EXHIBIT C Map to Accompany F1ELDNOTES or the closing of 0.9452 acres, entitled a pdvale sasement described in Document j 2004007497 and being the same eosement described on Plot of 24.937 total agree of and out of Volume 149, Page 435, Volume 148. Page 537, Volume 145, Page 557, Volume 148, Page 570, Volume 148, Page 494 Deed Records of Mimeo County, Texas Document 1835421 Official Pubilo Records end Beach Portion of Corpus Christ; Volume A, Page 3 Map Records of Nimes County, Texas and retarded in Volume 93, Page 58 -80 Map Records of Nueass County uREaA14 a���.20.�; ENGINEERING Joe pi 1'S CORPUS CHRISTI, TEXAS �T: 1 anal � FbP Iw t�s sre+e�.sr rx texas DRAWN Br RLG ,Per isasrer F der r . >w a�aflgist Agi Exhibit A State of Texas County of Nueces April 20, 2011 Job No. 42271.00.00 Revised April 26, 2011 Field Notes for the closing of 0.9452 acres, entitled a private easement described in Document # 2004007487 and being the same easement described on Plat of 24.937 total acres of land out of Volume 146, Page 435, Volume 146, Page 537, Volume 146, Page 557, Volume 146, Page 570, Volume 148, Page 494 Deed Records ofNueces County, Texas Document #835421 Official Public Records and Beach Portion of Corpus Christi Volume A, Page 3 Map Records of Nueces County, Texas and recorded in Volume 63, Page 88 -89 Map Records of Nueces County; said easement being more fully described by metes and bounds as follows: Beginning at a point on the north boundary of Port Avenue, a public road way, for the southeast corner of Lot 2, Block 1, said Port Addition, same being the southwest corner of said Lot 3 and of this easement (No Monumentation Found or Set); Thence, North 01°18'12" West, along the east boundary of said Lot 2, same being the west boundary of said Lot 3, a distance of 686.25 feet to the northwest corner of this easement (No Monumentation Found or Set); Thence, North 88 °41'48" East, along the north boundary of said Lot 3, a distance of 60.00 feet to the northeast corner of this easement (No Monumentation Found or Set); Thence, South 01°18'12" East, a distance of 686.25 feet to the north boundary of said Port Avenue, for the southeast corner of this easement (No Monumentation Found or Set); Thence, South 88 °41'48" West, along the north boundary of said Port Avenue, a distance of 60.00 feet to the Point of Beginning and containing 0.9452 Acres (41,175.000 Square Feet) of land. Bearings are based on the recorded plat of Port Addition, a map of which is recorded in Volume 63, Pages 88 and 89 of the Map Records of Nueces County, Texas. Unless this Fieldnotes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. S:1Surveying142271100001FN 69 foot wide easement.doc Page 1 of 1 (361)854-3101 Urban Engineering Dan L. Urb an, RP.L.S License No. 4710 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX (361)854 -6001 www,urbaneng.com TBPE Firm #145 - 1 1 6- EXHIBIT C 11 AGENDA MEMORANDUM AGENDA ITEM: April 26, 2011 Public Hearing and First Reading of an Ordinance adopting a Unified Development Code by merging and modifying the existing Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and Highway Beautification Ordinance into one code; repealing the existing Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and Highway Beautification Ordinance; providing for the preservation of former developmental regulations violations; repealing conflicting ordinances; amending conflicting provisions of the City's Comprehensive Plan; providing notice procedures for a city -wide zoning map amendment after a joint hearing of the Planning Commission and the City Council; and providing for publication, severability, and an effective date. ISSUE: Since 2005, efforts have been underway to replace the existing zoning, platting, and other related ordinances governing land development and use within the City of Corpus Christi with a more uniform and current set of definitions, rules, and regulations, designated as the "Unified Development Code" (UDC). The development and review of the UDC has involved various focus groups comprised of citizens throughout the community in an effort to enhance the readability and clarity of the UDC, as well as to help ensure that the UDC reflects the normal sequence of development and provides a coordinated system for development review and enforcement. During its March 30, 2011 meeting, the City's Planning Commission voted to recommend the proposed UDC to the City Council for consideration. A Public Hearing is required prior to City Council consideration and adoption of any ordinance amendments. PLANNING COMMISSION RECOMMENDATION: During the regularly scheduled Planning Commission meeting of March 30, 2011, the Planning Commission voted to recommend the proposed ordinance to the City Council for approval, as amended by the Commission. STAFF RECOMMENDATION: Staff recommends approval of the Ordinance as recommended by the City's Planning Commission. REQUIRED COUNCIL ACTION: Open Public Hearing and consider passage of the ordinance on its first reading. Juan Perales, /Jr., P.E. Asst. City Manager, Engineering and Development Services Attachments: Exhibit A Background Information Exhibit B Ordinance Exhibit C Unified Development Code (under separate cover) -1 1 9- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: In 2005, the City of Corpus Christi (the "City ") hired Duncan and Associates to assist in preparing a Unified Development Code (the "UDC ") to regulate land development in the City. The UDC is a document which consolidates the City's zoning ordinance, platting ordinance, and other development regulations into a single document rather than multiple, potentially conflicting, ordinances,. The current zoning and platting ordinances are outdated and are difficult to read and understand by the public. The purpose of the UDC is to: • Provide a uniform and updated set of consistent definitions, rules, and regulations; • Enhance readability and bring clarity to the development regulations; • Use procedures that follow the normal sequence of development; and • Provide a coordinated system for development review and enforcement Duncan & Associates is a national consulting firm with its nearest offices in Austin, Texas, and it specializes in the preparation of land development regulations. Additionally, the consulting firms of McGloin + Sween (Corpus Christi), Urban Engineering (Corpus Christi), and Terry Morgan and Associates (Dallas) assisted in creating the UDC. Also, a Blue Ribbon Committee was appointed which represented different sectors of the community who would be impacted by the UDC. The consulting firms conducted interviews of the Blue Ribbon Committee members and various development professionals to understand their thoughts and concerns about the current regulations. On June 5, 2006, a 45 -day review period began in order to get input and comments from the public. The City received' over 500 comments- and needed help in order to address each comment and make recommendations. As a result, the City created seven focus groups of 8 to 16 individuals per group (the "Focus Groups ") in order to review these comments and to address the proposed UDC provisions. The topics reviewed by the Focus Groups were as follows: • Administrative • Base Zoning • Infrastructure Exhibit A Page 1 of 3 • Landscaping • Park Development •. Shared Access • Signs The different Focus Groups worked on the project since that time in order to resolve the various issues that were raised when the UDC was originally presented to the City Council. All of the Focus Groups completed their work, and most of the issues were resolved. A few issues in the Shared Access area could not be finally resolved between Staff and the Focus Group, and a few new issues have arisen concerning the compliance of the City's sign regulations with applicable State and Federal regulations. In order to facilitate moving forward on this project, in November, 2010, the City retained John Bell of the law firm of Wood, Boykin & Wolter to assist staff in putting together a presentation schedule, address any conflicts or discrepancies necessary for final adoption, and present the UDC to the Planning Commission and to the City Council for approval. In December, 2010, the Council concurred in the process of presenting the Unified Development Code (the "UDC ") to the Planning Commission, including the initiation of a number of public hearings as required to allow the Commission to act on the UDC. The intent of these hearings was to confirm whether or not the UDC should be adopted to replace the current Platting Ordinance and Zoning Ordinance, and if so, review the proposed document in a public forum. Although the initial estimate was that four or five meetings of the Planning Commission would be involved, the process actually included nine different meetings of the Planning Commission. In addition, the seven different Focus Groups that had been involved in the original development of the UDC reconvened and reviewed the current document drafts during the months of January and February, 2011. Areas of question or concern within each Focus Group were first addressed with staff in the Focus Group meetings, and brought forward to the Planning Commission for final approval. The initial draft of the UDC was also posted on the City's website at the beginning of January, and each requested change, clarification, or question concerning the UDC was listed on a "Punch List" that was also placed and updated on the City's website after each Planning Commission meeting. After each Planning Commission meeting, the draft of the UDC available on the City's website was revised, and a "Prior Drafts" section was updated to provide black -lined versions to show the changes being made. Comments were received through the different Focus Groups, at Planning Commission hearings, and by email. Each comment received was addressed through the Focus Groups and then presented to the Planning Commission by staff. Exhibit A Page 2 of 3 The Planning Commission, during its March 30, 2011 meeting, passed final recommendation of the UDC to the City Council for consideration and action. The City's website was updated with the final recommendations of the Planning Commission following its meeting on March 30, 2011. We anticipate that second reading of the Ordinance would occur on May 10, 2011, with May 17, 2011 being available as an alternate date if minor changes to the UDC are requested by Council during the public hearing and first reading of the ordinance. Once the UDC text is adopted, the Planning Commission and City Council would then need to conform the existing Zoning Map of the City to the new Zoning classifications in the UDC. After allowing approximately 60 days for Staff in- service training on the new Code, preparation of the new forms and procedures to replace the existing ones, and information sessions for the development community, the UDC could be expected to take effect on or about July 11, 2011. Exhibit A Page 3 of 3 AN ORDINANCE ADOPTING A UNIFIED DEVELOPMENT CODE BY MERGING AND MODIFYING THE EXISTING CORPUS CHRISTI ZONING ORDINANCE, PLATTING ORDINANCE, MANUAL OF DRIVEWAY DESIGN AND CONSTRUCTION STANDARDS AND HIGHWAY BEAUTIFICATION ORDINANCE INTO ONE CODE; REPEALING THE EXISTING CORPUS CHRISTI ZONING ORDINANCE, PLATTING ORDINANCE, MANUAL OF DRIVEWAY DESIGN AND CONSTRUCTION STANDARDS AND HIGHWAY BEAUTIFICATION ORDINANCE; PROVIDING FOR THE PRESERVATION OF FORMER DEVELOPMENTAL REGULATIONS VIOLATIONS; REPEALING CONFLICTING ORDINANCES; AMENDING CONFLICTING PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; PROVIDING NOTICE PROCEDURES FOR A CITY -WIDE ZONING MAP AMENDMENT AFTER A JOINT HEARING OF THE PLANNING COMMISSION AND THE CITY COUNCIL; AND PROVIDING FOR PUBLICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Council desires to provide a uniform and updated set of consistent definitions, rules, and regulations concerning the development and use of land within the City of Corpus Christi; and WHEREAS, the City has involved various focus groups comprised of citizens throughout the community to review the proposed unified development code in an effort to enhance readability and bring clarity to the development regulations; and WHEREAS, the City desires that the new unified development code utilize procedures that follow the normal sequence of development and provide a coordinated system for development review and enforcement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A unified development code entitled "Corpus Christi, Texas Unified Development Code" (hereinafter Unified Development Code), resulting from a process of merger and modification of the Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and the Highway Beautification Ordinance, is adopted in the form incorporated and attached as Exhibit A. SECTION 2. The Corpus Christi Zoning Ordinance, comprised of the following listed ordinances, is repealed and replaced in its entirety by the Unified Development Code: Ordinance No. 6106, passed by the City Council on March 29, 1961, as amended by Ordinance Nos. 6171, 6334, 6412, 6413, 6914, 7068, 7179, 7243, 7251, 7454, 7518, 8027, 8671, 9062, 9643, 10016, 10228, 10466, 10545, 10597, 10672, 1 0734, 10741, 10864, 10952, 10994, 11026, 11053, 11289, 11319, 11437, 11448, 11752, 11816, 11866, 11885, 11911, 11917, 11943, 11950, 12059, 12290, 12351, 12395, 12402, 12520, 12567, 12941, 13090, 13186, 13553, 13646, 13741, 14001, 14049, 14228, 14394, 14568, 14934, 15578, 15592, 15715, 15961, 15969, 16056, 16081, 16094, 1 6095, 16107, 16171, 16335, 16379, 16380, 16456, 16857, 16864, 16865, 16965, 16980, 17039, 17041, 17077, 17115, 17126, 17204, 17222, 17248, 17252, 17329, 17331, 17341, 17346, 17347, 17376, 17412, 17432, 17473, 17483, 174841/2, 17507, 1 7542, 17597, 17598, 17599, 17607, 17807, 17808, 17824, 17871, 17884, 17930, 17980, 18046, 18078, 18079, 18466, 18534, 18588, 18778, 18979, 19117, 19169, 19262, 19313, 19429, 19498, 19529, 19733, 19734, 19841, 19842, 19907, 19946, 19968, 20410, 20470, 20471, 20487, 20652, 20782, 20805, 20875, 20986, 21106, 21249, 21250, 21251, 21641, 21767, 22090, 22174, 22381, 22597, 22693, 22851, 23016, 23552, 23612, 23902, 23905, 23932, 23939, 24566, 24567, 24580, 24715, 24773, 25143, 25193, 25322, 25390, 25454, 25534, 25687, 25708, 25902, 25905, 26068 and 28859. SECTION 3. The Corpus Christi Platting Ordinance, comprised of the following listed ordinances, is repealed and replaced in its entirety by the Unified Development Code: Ordinance No. 4168 adopted on March 23, 1955, as amended by Ordinance Nos. 4541, 4634,4653, 4871, 4994, 5472, 5951, 6617, 6681, 6825, 8556, 8732, 8986, 9511, 9534, 10242, 10381 ,10590,10635,10656,11030,11140, 11268 ,11742,12037,12611,12635,13036 ,13323,15279,15517,15708,15933, 15962 ,16312,16942,16966,17074,17092 ,17199,17200,17249,17279,17317, 17383, 17396, 17678, 18460,1 8508, 18527 ,18580,18589,18802,18997,19047, 19048 ,19049,19339,19430,19835,19923 ,19947,20116,20649,21046,21121, 21735, 21808, 22354, 22382, 22848, 22913 ,22941,22971,23017,24338,25424, 25455, 25709, 25960, 26169, 27527 and 27578. SECTION 4. The Corpus Christi Manual of Driveway Design and Construction Standards, comprised of Ordinance 19105 adopted on December 6, 1985, and amended by Ordinance Nos. 20177 and 20464, is repealed and replaced in its entirety by the Unified Development Code. SECTION 5. The Corpus Christi Highway Beautification Ordinance, comprised of Sections 3 -35 through 3 -44, inclusive, of the Municipal Code of Ordinances, the same being Ordinance No. 21973 adopted on June 28, 1994, as amended by Ordinance Nos. 22301 and 26903, is repealed and replaced in its entirety by the Unified Development Code. SECTION 6. The changes in development regulations made by this Unified Development Code apply only to violations occurring on or after the effective date of this Unified Development Code. Any violations occurring before the effective date of this Unified Development Code are governed by the development regulations, that being the Corpus Christi Zoning Ordinance, Platting Ordinance, Manua! of Driveway Design and Construction Standards and the Highway Beautification Ordinance, in effect at the time H:I LEG- DIRIShareaLEGAL- DEV.SVC NC Project\UDC Ordinance.DWBfinal.docx the violation occurred, and the former development regulations are continued in effect for that purpose. For purposes of this section, a violation occurred before the effective date of this ordinance if any part of the violation occurred before that date. SECTION 7. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 8. To the extent that this Unified Development Code represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Unified Development Code, as herein adopted by this ordinance. SECTION 9. A copy of the Unified Development Code as herein adopted by this ordinance and made a public record shall be on file in the office of the City Secretary. SECTION 10. The City Council further finds and determines, by more than a two - thirds vote pursuant to Section 211.007 of the Texas Local Government Code, that the zoning maps of the City of Corpus Christi may be amended in order to reflect the changes in zoning categories made by the Unified Development Code pursuant to a joint public hearing of the City, of the City Council and the Planning Commission. Effective notice of such joint public hearing shall be provided by the publication of notice three times in a local newspaper of general circulation within the City prior to the public hearing. The notice shall contain the time and place of the hearing and notice that the agenda item will be the amendment of the zoning maps changing the zoning designations of all properties in the City in order to conform to the requirements of the Unified Development Code. Each date of publication shall be no Tess than three (3) days apart, and the date of the last publication shall be before the fifteenth (15th) day prior to the public hearing. SECTION 11. Prior to July 1, 2011, the City Secretary is directed to publish notice of the adoption of this Ordinance one time containing a summary hereof which fully discloses the purposes, intent and effect of this Ordinance as required by the Charter of the City of Corpus Christi. SECTION 12. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 13. The adoption of the Unified Development Code, as provided at Section 1 above, and the repeal of the development regulations, as provided at Sections 2, 3, 4 and 5 above, shall take effect on the 1st day of July, 2011. H:I LEG -DIR\ Shared \LEGAL- DEV.SVC j g Project \UDC ordinance.DWBfinal.docx That the foregoing ordinance was read fof the first time and passed to its second , 2011, by the following vote: John E. Marez Nelda Martinez Mark Scott Linda Strong reading on this the Z ' - day of Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal 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 John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal PASSED AND APPROVED this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form April 15, 2011. For City Attorney, Carlos Valdez By: eborah Walther Brow Assistant City Attorney Joe Adame Mayor H: 1L. EG- D1R1Shared\LEGAL- DEV.SVC,SHC Project\UDC Ordinance.DWBfnal.docx 12 NO ATTACHMENT FOR THIS ITEM 13 AGENDA MEMORANDUM May 10, 2011 AGENDA ITEM:' PUBLIC HEARING — ZONING (City Council Action Date: May 10, 2011) Case No. 0111 -01: Staples Development, LLC.: A change of zoning from the "R -1B" One - family Dwelling District to the "A -1" Apartment House District resulting in a change of future land use from a low - density residential use to a medium - density residential use The property to be rezoned is 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street. Staff's Recommendation (January 19,2011): Denial of the applicant's request, and in lieu thereof, approval of a change in zoning from the "R -113" One - family Dwelling District to the "R -2" Multiple Dwelling District for Tract A of the subject property, the "A -1" Apartment House District for Tract B of the subject property and the "R -1 C" One - family Dwelling District for Tract C (Exhibit 15). Planning Commission's Recommendation (January 19, 2011): Denial of the applicant's request, and in lieu thereof, approval of a change in zoning from the "R-1B" One - family Dwelling District to the "R -2" Multiple Dwelling District for Tract A of the subject property and the "A-1" Apartment House District for Tract B of the subject property (Exhibit C). REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's recommendation, Juan Perales, Assistant City anager Departments of Engineering and Development Services Email: johnnyp @cctexas.com Phone: 361-826-3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinances Hf PLN- DIRISHAREDI1. PLANNING COM 1I9SION\2D11 CCIMAY 2011WD111 -0t STAPLES DEVELOPMENT. - L0\0111•01 AGENDA MEMO.DOC —133— CITY COUNCIL ZONING REPORT Case No.: 0111 -01 Tabled from: January 5, 2011 Planning Commission Hearing Date: January 19, 2011 Applicant & Legal Description Applicant: Staples Development LLC. Owner: Staples Development LLC. Representative: Wayne Lundquist, Cobb Lundquist & Atnip Legal Description/Location: 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street. Zoning Request From: "R -1B" One - Family Dwelling District To: "A -1" Apartment House District Area: 15.125 acres Purpose of Request: The applicant is requesting a change in zoning from the "R-1B" One - Family Dwelling District to an "A -1" Apartment House District, for the construction of a garden -style gated apartment community. Zoning Existing Land Use Future Land Use Site "R -1B" One- Family Dwelling District Vacant Low - density Residential North "R -IB" One - Family Dwelling District Low- density Residential Low - density Residential East "R -1B" One - Family Dwelling District Low - density Residential Low - density Residential South "A -1" Apartment House District Medium- density Residential (under construction) Medium - density Residential West "A -1" Apartment House District Vacant Low - density Residential ADP, Map & Violations Area Development Plan: This tract of land is located in the Southside Area Development Plan and is planned for low- density residential uses. The proposed change in zoning is not consistent with the adopted Future Land Use Map which designates the site for low- density residential uses. A modification to the plan as multi - family use could be supported as an extension to the multi - family use districts located to the west and south of the subject property. Map No. 044033 Zoning Violations: None Staff's Summary: • Request: The applicant is requesting a change of zoning on 15.125 acres from the "R-1B" One - Family Dwelling District to an "A -1" Apartment House District for the construction of a landscaped garden -style multi -unit apartment complex. The "R-1B" District allows single- family residential, churches, parish halls, public and non - profit private schools, home occupations, public parks, playgrounds, golf courses, and child care homes. It does not permit multifamily residential uses. The "A -1" District provides for medium - density, multiple - family residences and is usable for construction of garden -type apartments in appropriate locations. + Background: Several large tracts of property immediately west and south of the site have recently been re -zoned from "R -1B" One Family Dwelling District to "A -1" Apartment House District. —134— City Council Zoning Report Case No 011I -01 Staples Development, LLC. Page 2 Prior to this most of the properties immediately adjacent to South Staples Street, between Saratoga Boulevard and Yorktown Boulevard have been rezoned to "B -1" and "B-4" Districts. With South Staples Street, Saratoga Boulevard, and Yorktown Boulevard all arterials and serving as major traffic carriers within the south side area, commercial development has historically located and will continue to develop, along these right -of -ways. Continued commercial in -fill development such as this is clearly illustrated in the Southside Area Development Plan. • Transportation and Circulation: The subject property will have direct access on to Timbergate Drive to the south and Patti Drive to the north. Both streets are identified as Cl collectors with 60 foot right -of -way width consisting of 2 -Ianes of travel. Cl Collectors provide access to other collectors and arterials but are primarily intended to provide internal neighborhood circulation and property access. This street type may serve low density housing to medium density multi- family housing, elementary schools, churches, or other uses with similar traffic generating characteristics. Timbergate Drive has been improved from Spanish Wood Drive west to S. Staples Street. Since the developer along the south side of Timbergate Drive improved Timbergate Drive, the developer of the subject property will be required to pay a pro -rata fee for the road improvements. The pro -rata fee will be calculated and assessed during the platting process. Traffic Counts: Street R.O.W. Street UTP Type Existing and Paved Section Timbergate Drive Cl Collector (60'/2 lanes) 60' R.O.W. w /40' Bk to Bk pavement (2- lanes) (Under construction) Volume (2005) NA Patti Drive Cl Collector (60'12 lanes) 60' R.O.W. w /40' Bk to Bk pavement (2- lanes) NA • Relationship to Smart Growth: Although the proposed rezoning is not consistent with future comprehensive land use plan it will however utilize existing and adequate modes of transportation without negative impact to the overall vitality of the neighborhood and provide an important addition to the multi- family needs of the continually growing and expanding Southside area and surrounding community. • Comprehensive Plan & Southside Area Development Plan Consistency: The Southside Area Development Plan and Future Land Use Map identify this area as a mixed land use between low - density and medium - density residential. At this specific location a zoning change from "R -1B" to "A -1" is not consistent with both comprehensive plans and Urban Transportation Plan for the City of Corpus Christi. The Comprehensive plan recommends that all areas of development have proper infrastructure and surface drainage. At this site public infrastructure must be extended and connected to existing surrounding facilities. A Storm Water Management Plan must also be submitted with the building construction plans to illustrate the effects of any increase in storm water run-off for all existing and proposed impervious surfaces. These plans will be reviewed and must be approved prior to construction. Plat Status: • Subject property is not platted. -135- City Council Zoning Report Case No 0111 -01 Staples Development, LLC, Page 3 Staff Analysis: • Although the requested "A -1" Apartment House District is not consistent with the adopted Southside Area Development Plan or Future Land Use Plan, both of which identify the area as consisting of low- density residential development, properties immediately west and south of the site have recently been re -zoned to "A-1" Apartment House District. The "A-1" Apartment House District would provide a transitional density and use between the commercial uses to the west end along South Staples Street and the existing single family residential uses to the north and east. Much of the necessary infrastructure exists to serve the higher density uses proposed and currently under construction however some additional services will need to be extended and looped. The right -of -way extensions of Timbergate Drive and Spanish Wood Drive presently under construction in association with an assisted living apartment facility will assist in the overall circulation of the neighborhood and additional traffic generated by a multi - family development. Patti Drive will also aid in circulation by adequately accommodating any additional traffic. • On January 5th, 2011, Planning Commission was presented with the above request and heard testimony from several property owners living in the surrounding neighborhood who spoke out in opposition to the "A -1" request. After additional discussion with city staff and the applicant Planning Commission decided to table the request until the foIIowing meeting on January 19th, 2011 and requested that the applicant and city staff sit down and discuss a possible modification to the request which would reduce the impact to privately owned single - family properties adjacent to the subject property. • After meeting with staff, the applicant has agreed to consider alternative zoning classifications as a concessionary measure to minimize the impact of a higher density use where adjacent to single - family properties. The applicant is proposing an "R -2" Multiple Dwelling District buffer identified as "Tract A" running the full length of the north and east boundary Iines where adjacent to "R -1B " zoned properties. (See Exhibit A). The remaining portion of the parcel or "Tract B ", the applicant requests an "A -1" Apartment House District as requested in the original application. • Development Services staff is not in agreement that the "R -2" District will afford the privacy to the adjacent single family residences therefore staff is recommending a different combination of zoning consisting of the "A -1 ", "R -2 ", and R -IC" districts in effort to achieve the less intense Iand use buffer that would provide some privacy to the neighborhood. The three district combination would consist of the foIIowing: "Tract B" "A -1" Apartment House District, "Tract A" an "R -2" Multiple Dwelling District 120 feet deep buffer strip north of "Tract B" between the "R -1B" subdivision "The Park at Dunbarton Oaks" and a third "Tract C" buffer strip "R -1C" One- Family Dwelling District north and east of "Tract B "between the "Village at Dunbarton Oak" north and "The Boardwalk" to the east. This three district combination is clearly illustrated in "Exhibit B ". Staff Recommendation: Denial of the applicant's request, and in lieu thereof, approval of a change in zoning from the "R -IB" One - family Dwelling District to the "R -2" Multiple Dwelling District for Tract A of the subject property, the "A -1" Apartment House District for Tract B of the subject property and the "R -IC" One - family Dwelling District for Tract C (Exhibit B). H:1PLN- DIRISHAREDI1. Planning Comniission12011 CC\May 2011\0111 -01 Staples Development, LLCICC Zoning Report 0111 -01 Modified Staples nev. LLC. (R- 1B- A- 1).doc -136- City Council Zoning Report Case No 0111-01 Staples Development, LLC. Page 4 Planning Commission Recommendation (January 19, 2011): Denial of the applicant's request, and in lieu thereof, approval of a change in zoning from the "R -1B" One - family Dwelling District to the "R -2" Multiple Dwelling District for Tract A of the subject property and the "A -1" Apartment House District for Tract B of the subject property (Exhibit C). After the January 19, Planning Commission meeting, the applicant had a series of discussions with surrounding property owners. It was decided to further reduce and minimize the impact of a higher density land use where adjacent to single - family properties. The "R -IC" "Tract A" proposal will serve as a one - family dwelling district or residential buffer strip for the adjacent residential properties from the higher density land use of the "A -1" apartment house district (Exhibit D). The Planning Commission has not reviewed the latest compromise and thus no recommendation from the Planning Commission. Staff has no objection to the latest compromise. Number of Notices Mailed: 49 within 200 foot notification area; 1 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 33 (inside notification area); 0 (outside notification area) For 21.93% in opposition as of April 28, 2011 Attachments: I. Site- Subject Property 2. Site- Existing Zoning, Notice Area, & Ownership 3. Site- Existing Land Use 4. Site- Future Land Use 5. "Exhibit A" Applicant's Original Request 6. "Exhibit B" Staff's Recommendation 7. "Exhibit C" Planning Commission's Recommendation 8. "Exhibit D" Applicant's Agreement with Property Owners H:IPLN- DIRISUAREDII. Planning Comtnission12011 CC1May 201110111 -01 Staples Development, LLCICC Zoning Report 0111 -0I Modified Staples Dev. LLC. (R- 1B- A- 1).doc —137— 1XTY I* S. 3TA :i.E B-4 IX 101km:zap S ST PL 6 kill A1 T 5 DIMBARTON os, • GA Q lr a t'1 flVaR TAP L g S + ZAUNITl84 6k 44; SIXTY $ IX 171U 2 S 4 4 1 4, 4 ) 04* STAAti 64f a 491 77eVeltip 1 4142 sir AR 411'1.11 r4"11" 26 7 4Pg 4:1110 ttip 27 2k LAZA UNIT 1 ON 0-1 CASE: 0111-01 1. SUBJECT PROPERTY Subject Property SUBJECT PROPERTY NIXTY Y SIX HUNDRED $ STA CASE: 0111 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 Apartment House District A-1A Apartment House District A -2 Apartment House District AB Professional Office District AT Apartment•ToudstDistrict B-3 Neighborhood Business District B-4A Neighborhood Business District 6-2 Bayfranl Business District B-2A Barrier island Business District 6-3 Business District 6-4 General Business District B-5 Primary Business District B-6 Primary Business Cora District BD Carpus Christi Beach Design Dist. F -R Farm Rural District HC Historical- Cultural Landmark Preservation Subject Property with 200' buffer 1 -1 Limited industrial District 1-2 Light industrial District 1-3 Heavy Industrial District PUD Planned unit Development R -1A One Family Dwelling District R -1 B One Family Duelling District R -1C One Family Dwelling District R -2 Multlpie Dwelling District RA One Family Dwelling District RE Residential Estate District R -TH Townhouse Dwelling District BP Special Permit T -1A Travel Trailer Perk District 7-113 Manufactured Hone Park District T -1C Manufactured Home Subdivision District elk Owners in favor 4 Owners within 200' hied on \/ Owners attached ownership table /� in opposition _FFM-2444 LOCATION MAP ttta rwrli City of Corpus Christi —1 SUBJ -. T PROPERTY Deparnne LDR CASE: 0111 -01 3. SITE- EXISTING LAND USE Estate Residential low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial Light industrial Heavy industrial Public Semi - Public Park Drainage Corridor Conservation/Preservation Water SUBJECT PROPERTY Map Scale: 1 :2,400 CASE: 0111 -01 4. SITE- FUTURE LAND USE Agricultural /Rural Estate Residential Low Density Res. Med Density Res, High Density Res. Mobile Home Vacant Professional Office Commercial m Tourist Research/Business Park ® Light industrial FiI Heavy industrial Public Semi- Public Park m Drainage Corridor DPI Dredge Placement O Water m Conservation/Preservation SUBJECT PROPERTY Transportation Plan Existing Proposed — Expressways snow Arterials - - - - Collectors - - --. NO Parkway 000 —H+E Railroad -+H+ Map Scale: 1:2,400 :IX U ,.D ED s sr PC. E PARK AT DUNBARTQII R -2 CASE: 011 1 -01 EXHIBIT A APPLICANT'S REQUEST CASE: 0111 -01 EXHIBIT B STAFF'S RECOMMENDATION FROM: R -1 B TO: R -2, A -1 & R -1 C suBJECT PROPERTY ORDINANCE NO. CASE: 0111 -01 EXHIBIT C PLANNING COMMISSION'S RECOMMENDATION FROM: R-1B TO: A -1 & R -2 CASE: 0111 -01 EXHIBIT D APPLICANTS AGREEMENT WITH PROPERTY OWNERS MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall January 19, 2011 5 :30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *Arrived at 5:40 p.m,* James Skrobarczyk Johnny R. Martinez *Arrived at 5:35 p.m.* Evan J. Kelly John C. Tamez Govind Nadkarni *Absent* Mark Adame John Taylor STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services *Arrived at 5:36 p.m* Faryce Goode Macon, Assistant Director, Development Services *Absent* Miguel S. Saldana, AICP, Senior City Planner Wesley Vardeman, City Planner Andrew Dimas, City Planner Deborah Brown, Assistant City Attorney *Arrived at 6:00p.m. * Ashley Satterfield, Recording Secretary John Bell, Legal Consultant *Arrived at 5:50 p.m* Elena Juarez Buentello, Planning Technician *Arrived at 6:06 p.m.* Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:34 p.m. and a quorum was declared. B. ZONING Mr. Vardeman presented Continued Zoning item "a ", Case No. 0111 -01 Staples Development, LLC. b. Case No. 0111 -01 Staples Development, LLC: A change of zoning from the "R -1B" One - family Dwelling District to the "A -1" Apartment House District resulting in a change of future land use from a low - density residential use to a medium- density residential use. The property to be rezoned is 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street. Commissioner Tamez inquired if the extension of Patti Drive would alleviate some of the traffic issues and Mr. Vardeman responded traffic study counts had not been done for Patti Drive. A discussion was held on the various zoning districts in the recommendations. The public hearing was opened. Lawrence Balderas, 5809 Commonwealth, came forward in opposition. Mr. Balderas requested a clarification of the recommended zoning districts. James Fritz, 6001 Baltic Court, came forward in opposition. —146— Planning Commission Minutes January 19, 2011 Page 2 Doug Bircher, 5910 Bishops Mill Drive, came forward in opposition. Mr. Bircher had issues with the traffic. Brenda Clemmin, 5909 Bishops Mill Drive, came forward in opposition. Phil Smith, 5902 Bishops Mill Drive, came forward in opposition. Wayne Lundquist, the representative, came forward and discussed the alternative districts. A discussion was held on the issues brought up with the property. Mr. Fritz, Mr. Bircher, and Ms. Clemmin returned to the podium to express opposition to proposed alternatives. Brad Bjork, 5909 Bishops Mill Drive, came forward in opposition to proposed alternatives. Commissioner Tamez inquired if the "R -1C" One- family Dwelling District had been discussed with the applicant as an alternative option and Mr. Vardeman stated the applicant had been given the option but did not agree with the alternative. The public hearing was closed. Motion to approve the applicant's alternative request for the "R -2 "Multiple Dwelling District for Tract A and the "A -1" Apartment House District for Tract 2 was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor. Motion passed with Vice- Chairman Huerta in opposition and Commissioner Nadkarni absent. —147— Staff Request Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY STAPLES DEVELOPMENT, LLC., BY CHANGING THE ZONING MAP IN REFERENCE TO 15.125 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 11, PORTIONS OF LOTS 13 AND 14, LOCATED ALONG THE NORTH SIDE OF TIMBERGATE DRIVE, APPROXIMATELY 1,400 FEET EAST OF SOUTH STAPLES STREET, FROM THE "R-1B" ONE - FAMILY DWELLING DISTRICT TO THE "R -2" MULTIPLE DWELLING DISTRICT FOR TRACT A, THE "A -1" APARTMENT HOUSE DISTRICT FOR TRACT B, AND THE "R -1C" ONE - FAMILY DWELLING DISTRICT FOR TRACT C, RESULTING IN A CHANGE OF FUTURE LAND USE FROM A LOW- DENSITY RESIDENTIAL USE TO A HIGH- DENSITY RESIDENTIAL USE FOR TRACT A, A MEDIUM- DENSITY RESIDENTIAL USE FOR TRACT B, AND NO CHANGE OF FUTURE LAND USE FOR TRACT C; 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 Staples Development, LLC., 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, January 19, 2011, during a meeting of the Planning Commission, and on Tuesday, May 10, 2011, 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, 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 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1 ,400 feet east of South Staples Street, from the "R- 1 B" One - family Dwelling District to the "R -2" Multiple Dwelling District for Tract A, the "A-1" Apartment House District for Tract B and the "R -1 C" One - family Dwelling District for Tract C, resulting in a change of future land use from a low- density residential use to a high - density residential use for Tract A, a medium - density residential use for Tract B, N: 1LEG- DIR\SharedlLEGAL- DEV.SVCS12011 Agenda15- 10 -11\S pl Development, LLC104.25.11.0411 -01 Ordinance (STAFF Req)_1DWBFinal.doc 44 Page 2 of 3 and no change of future land use for Tract C. (Zoning Map 043,046) (Exhibit A — "Staff's Recommendation "). SECTION 2. 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 3. 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 4. 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 with this ordinance are hereby expressly repealed. SECTION 6. 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 7. 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 8. 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 day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This oe6 day of April, 2011. eborah Walther Brow Assistant City Attorney For City Attorney H:I LEG- DIR \SharedIEGAL- DEV.SVCS12011 Agendal5- 10- 111Strr `4� e, Development, LLC104.25.11.0411 -01 ordinance (STAFF Req)--1DWBFinai.doc I Page 3 of 3 Corpus Christi, Texas day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:1 LEG- DIR1Shared\LEGAL- DEV.SVCS■2011 Agenda15- 10- 111Sta I s Development, LLC 04.25.11.0411 -01 Ordinance (STAFF RNLI —1 �0— STAFF'S RECOMMENDATION FROM: R -1 B TO: R -2, A-1 & R -1 C Planning Commission Request ORDINANCE Page 1 of 3 AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY STAPLES DEVELOPMENT, LLC., BY CHANGING THE ZONING MAP IN REFERENCE TO 15.125 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 11, PORTIONS OF LOTS 13 AND 14, LOCATED ALONG THE NORTH SIDE OF TIMBERGATE DRIVE, APPROXIMATELY 1,400 FEET EAST OF SOUTH STAPLES STREET, FROM THE "R -1B" ONE - FAMILY DWELLING DISTRICT TO THE "R -2" MULTIPLE DWELLING DISTRICT FOR TRACT A AND "A -1" APARTMENT HOUSE DISTRICT FOR TRACT B, RESULTING IN A CHANGE OF FUTURE LAND USE FROM A LOW - DENSITY RESIDENTIAL USE TO A HIGH - DENSITY RESIDENTIAL USE FOR TRACT A AND A MEDIUM - DENSITY RESIDENTIAL USE FOR TRACT B; . 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 Staples Development, LLC., 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, January 19, 2011, during a meeting of the Planning Commission, and on Tuesday, May 10, 2011, 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, 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 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street, from the "R- 1 B" One - family Dwelling District to the "R -2" Multiple Dwelling District for Tract A and the "A -1" Apartment House District for Tract B, resulting in a change of future land use from a low- density residential use to a high- density residential use for Tract A and a medium - density residential use for Tract B (Zoning Map 043,046) (Exhibit A -- "Planning Commission's Recommendation "). H:1 LEG- DIR\Shared \LEGAL- DEV,SVCS12011 Agenda15- 10- 111Stples Development, LLC104.25.11. 0411 -01 Ordinance (PC Req).DWBFinal.doc I L Page 2 of 3 SECTION 2. 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 3. 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 4. 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 with this ordinance are hereby expressly repealed. SECTION 6. 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 7. 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 8. 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 day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This X61—day of 44.r, j" , 2011 reborah Walther Brow% Assistant City Attorney For City Attorney H:1 LEG- DIR \SharedIEGAL- DEV.SVCS12011 Agenda15- 10- 111Sta ies Development, LLC104.25,11. 0411 -01 Ordinance (PC Req).DWBFinal.doc —1 53— Page 3 of 3 Corpus Christi, Texas day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:ILEG- DIRIShared \LEGAL- DEV.SVCS12011 Agenda\5- 10- 11 \Staples Development, LLC104.25.11. 0411 -01 Ordinance (PC Req).DWBFinal.doc 154— PLANNING COMMISSION'S RECOMMENDATION FROM: R -1 B TO: A -1 & R -2 Applicant Request (Original) ORDINANCE Page 1 of 3 AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY STAPLES DEVELOPMENT, LLC., BY CHANGING THE ZONING MAP IN REFERENCE TO 15.125 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 11, PORTIONS OF LOTS 13 AND 14, LOCATED ALONG THE NORTH SIDE OF TIMBERGATE DRIVE, APPROXIMATELY 1,400 FEET EAST OF SOUTH STAPLES STREET, FROM THE "R-1B" ONE - FAMILY DWELLING DISTRICT TO THE "A -1" APARTMENT HOUSE DISTRICT, RESULTING IN A CHANGE OF FUTURE LAND USE FROM A LOW - DENSITY RESIDENTIAL USE TO A MEDIUM - DENSITY RESIDENTIAL USE; 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 Staples Development, LLC., 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, January 19, 2011, during a meeting of the Planning Commission, and on Tuesday, May 10, 2011, 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, 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 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street, from the "R- 1 B" One - family Dwelling District to the "A -1" Apartment House District, resulting in a change of future land use from a low- density residential use to a medium - density residential use (Zoning Map 043,046) (Exhibit A — "Applicant's Request "). SECTION 2. 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. H:ILEG- DIRIShared \LEGAL- DEV.SVCS12011 Agenda l5- 10- 111StiIq Development, LLC104.25.11. 0411 -01 Ordinance (APP Req).DWBFtnal.doc Page 2 of 3 SECTION 3. 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 4. 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 with this ordinance are hereby expressly repealed. SECTION 6. 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 7. 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 8. 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 day of , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This .24`11-Clay of aL,fie4 eborah Walther Brow Assistant City Attorney For City Attorney Ff:ILEG- DIR1Shared \LEGAL- DEV.SVCS12011 Agenda15- 10- 111Stres Development, =104.25.11. 0411 -01 Ordinance (APP Req).DWBFInal.doc :711 Page 3 of 3 Corpus Christi, Texas day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:1 LEG- DIR1SharedlLEGAL- DEV.SVCS12011 Agenda15- 10- 111$tor Development, LLC1D4.25.11. 0411 -01 Ordinance (APP Req).DWBFInal.doc Applicant Request (Revised) ORDINANCE Page 1 of 3 AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY STAPLES DEVELOPMENT, LLC,, BY CHANGING THE ZONING MAP IN REFERENCE TO 15.125 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 11, PORTIONS OF LOTS 13 AND 14, LOCATED ALONG THE NORTH SIDE OF TIMBERGATE DRIVE, APPROXIMATELY 1,400 FEET EAST OF SOUTH STAPLES STREET, FROM THE "R-1B" ONE - FAMILY DWELLING DISTRICT TO THE "R -1C" ONE - FAMILY DWELLING DISTRICT FOR TRACT A AND THE "A -1" APARTMENT HOUSE DISTRICT FOR TRACT B, RESULTING IN NO CHANGE OF FUTURE LAND USE FOR TRACT A AND A CHANGE OF FUTURE LAND USE FROM A LOW - DENSITY RESIDENTIAL USE TO A MEDIUM - DENSITY RESIDENTIAL USE FOR TRACT B; 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 Staples Development, LLC., 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, January 19, 2011, during a meeting of the Planning Commission, and on Tuesday, May 10, 2011, 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, 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 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street, from the "R- 1B" One family Dwelling District to the "R -1C" One- family Dwelling District for Tract A and the "A -1" Apartment House District for Tract B, resulting in no change in future land use for Tract A and a change of future land use from a low- density residential use to a medium - density residential use for Tract B (Zoning Map 043,046) (Exhibit A — "Applicant's Revised Request "). 1:111G- DIRIShared \LEGAL- DEV.SVC512011 Agenda15- 10- 11 1StapJ Development, LLC\04.26.11.0411 -01 ordinance (APP Revised Req)_1 DWBPinal.doc Page 2 of 3 SECTION 2. 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 3. 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 4. 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 with this ordinance are hereby expressly repealed. SECTION 6. 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 7. 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 8. 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 day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This 046Iday of 41-r:i , 2011 eborah Walth- ` own Assistant City Attorney For City Attorney H:ILEG- DIRIShared \LEGAL- DEV.SVCS12011 Agenda\5- 10- 111Staples Development, LLC104.26.11.0411 -01 Ordinance (APP Revised Req)_1 DWBFinal.doc —160— Page 3 of 3 Corpus Christi, Texas day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H: 1LEG- DIRISharedlLEGAL- DEV,SVCS12011 Agenda15- 10 -11 \St ll Development, LLC104.26.11.0411 -01 Ordinance (APP Revised Req)_1 DWBFinal.doc A-1 A r 1 CASE: 0111 -01 EXHIBIT A APPLICANT'S AGREEMENT WITH PROPERTY OWNERS FROM: R -1 B TO: RAC &A -1 IORDINANCE NO. Lo AnON MAP -162- Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY STAPLES DEVELOPMENT, LLC., BY CHANGING THE ZONING MAP IN REFERENCE TO 15.125 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 11, PORTIONS OF LOTS 13 AND 14, LOCATED ALONG THE NORTH SIDE OF TIMBERGATE DRIVE, APPROXIMATELY 1,400 FEET EAST OF SOUTH STAPLES STREET, FROM THE "R-1B" ONE - FAMILY DWELLING DISTRICT TO THE "R -1C" ONE - FAMILY DWELLING DISTRICT FOR TRACT A AND THE "A -1" APARTMENT HOUSE DISTRICT FOR TRACT B, RESULTING IN NO CHANGE OF FUTURE LAND USE FOR TRACT A AND A CHANGE OF FUTURE LAND USE FROM A LOW- DENSITY RESIDENTIAL USE TO A MEDIUM - DENSITY RESIDENTIAL USE FOR TRACT B; 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 Staples Development, LLC., 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, January 19, 2011, during a meeting of the Planning Commission, and on Tuesday, May 10, 2011, 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, 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 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street, from the "R- 1B" One - family Dwelling District to the "R -1 C" One - family Dwelling District for Tract A and the "A -1" Apartment House District for Tract B, resulting in no change in future land use for Tract A and a change of future land use from a low-density residential use to a medium - density residential use for Tract B (Zoning Map 043,046) (Exhibit A — "Applicant's Revised Request "). H: 1LEG- DIR1Shared\LEGAL- DEV.SVCS12011 Agenda15- 10 -111St p »Development, LLC104.26,11.0411 -01 Ordinance (APP Revised Reg)_1DWBFInal.doc Page 2 of 3 SECTION 2. 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 3. 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 4. 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 with this ordinance are hereby expressly repealed. SECTION 6. 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 7. 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 8. 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 day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This o day of eborah WaIth re Town Assistant City Attorney For City Attorney , 2011 H: ILEG- DIRISharedlLEGAL- DEV,SVCS12011 Agenda15- 10- 111Staples Development, LLC104.26.11.0411 -01 Ordinance (APP Revised Req)_1 DWBFinal.doc —164— Page 3 of 3 Corpus Christi, Texas day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H: ILEG- DIR1Shared1LEGAL- DEV.SVCS12011 Agenda15- 10 -111St nlee Development, LLC104.28.11.0411 -01 Ordinance (APP Revised Req) 1DWBFinal.doc — b CASE: 0111 -01 EXHIBIT A APPLICANT'S AGREEMENT WITH PROPERTY OWNERS -1 6 6- 14 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: May 10, 2011) Case No. 0411-01: May 10, 2011 KIII Operating Company, LLC.: A change of zoning from the "B-4" General Business District to the "B -5" Business District not resulting in a change of future land use. The property to be rezoned is Mt. Vernon Subdivision, Unit 1, Lot D, located between South Padre Island Drive (State Highway 358) and Mount Vernon Drive, east of Prinston Drive. Planning Commission's and Staff's Recommendation: Approval of the applicant's request for a change in zoning from the "B -4" General Business District to the "B-5" Business District. REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's recommendation. Juan Perales, Jr.., P.E. Assistant City Manager Departments of Engineering and Development Services Email: johnnyp@cctexas.corn Phone: 361 -826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance HAPLN- ❑IRISHAREDI1. PLANNING COMMISSIOM2011 =MAY 2011\0411 -01 K1I1 OPERATING, LLC10411.01 AGENDA MEMO.DOC -169- CITY COUNCIL ZONING REPORT Case No.: 0411 -01 Planning Commission Hearing Date: April 13, 2011 Applicant: KM Operating Co, LLC. Owner: London Broadcasting Company, Inc. Representative: KM Operating Co, LLC. Legal Description/Location: Mt. Vernon Subdivision, Unit 1, Lot D, located between South Padre Island Drive (State Highway 358) and Mount Vernon Drive, east of Prinston Drive. From: "B -4" General Business District To: "B -5" Primary Business District Area: 6.08 Acres Purpose of Request: Allow for the future development of the current building including the addition of a laboratory and commercial production facility. tap a r4 N b 7 an�b Existing Zoning District Existing Land Use Future Land Use Site "B -4" General Business District Commercial Commercial North "R -1B" One - family Dwelling District Low Density Residential Low Density Residential South "B -4" General Business District Commercial Commercial East "B -4" General Business District Commercial Commercial West "B -4" General Business District Commercial Commercial Area Development Plan: The subject property as located in the Southeast Area Development Plan (ADP) and is planned for a commercial use. The proposed change in zoning to the "B -5" Primary Business District is consistent with the Southeast ADP and the adopted Future Land Use Map. Map No.: 043,046 Zoning Violations: None Staff's Summary: ▪ Requested Zoning: The purpose of the "B -5" Primary Business District is to allow for the future development of the current building including the addition of a laboratory and commercial production facility. • Transportation and Circulation: The Subject Property fronts upon two streets: South Padre Island Drive (S.P.I.D.) a "F1" Freeway/Expressway and Prinston Drive a Local Residential Street. Street R.O.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Trans. Plan Type Traffic Volume 2009 S.P.I.D. 400' R.O.W., No Change "F1" Freeway 19,661 Prinston Drive 50' R.O.W., 28' paved No Change Local Residential N/A • Relationship to Smart Growth: The proposed rezoning has positive implications relating to smart growth. The proposed development will build within an existing commercial building and expand the potential for further economic capabilities. The project provides use of existing infrastructure and contributes to walkable communities based on the variety of transportations choices. —170— City Council Zoning Report Case #: 0411 -01, KII1 Operating Co, LLC Page 2 • Comprehensive Plan & Southeast Area Development Plan Consistency: The Comprehensive Plan and the Southeast Area Development Plan (ADP) slates the subject property for commercial uses. The proposed change in zoning is consistent with the Southeast ADP and the adopted Future Land Use Map of the Comprehensive Plan. The proposed project is cost effective and does not increase the demand upon the existing infrastructure as recommended by the Comprehensive Plan. While the change of zoning request is of a higher intensity, the use itself as a television broadcasting station is of low intensity. The placement of low intensity uses adjacent to residential properties is recommended by the Southeast ADP. Plat Status: The subject property is platted. Department Comments: • The building, a former department store has been revitalized to serve as a television station. Further internal expansion will create more opportunities for commercial growth, serve more businesses, and is in the overall best economic interests of the City. • The `B -5" Primary Business District provides the ability for business to develop into more areas of business. For example the "B -5" District would allow Kin to construct and operate a laboratory and expand- into the more technical and manufacturing aspects of production. The "B -5" District was designed to allow business to fulfill their potential while limiting the heavy truck deliveries and high traffic issues of strictly manufacturing facilities. Planning Commission's and Staff's Recommendation: Approval of the change of zoning from the "B -4" General Business District to the `B -5" Primary Business District. Number of Notices Mailed Total — 29 within 200' notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0% As of April 28, 2011 Attachments: 1. Site — Subject Property 2. Site — Existing Zoning, Notice Area, & Ownership 3. Site — Existing Land Use 4. Site — Future Land Use H:IPLN- DIRISHARED11. Planning Commission12011 CC\May 241110411 -01 KIII Operating, LLCICC Zoning Report 0411 -01, KIII Operating Co, LLC (B -4 to B- 5).doc -171- Mr vaRNON u iT 1 SUBJECT PROPERTY !•O-O:RF PLAZA, 02/2812011 Prepared 8y: SRR Department of Development Services CASE: 0411 -01 1. SUBJECT PROPERTY Subject Property LOCATION MAP SUBJECT PROPERTY mT VE -r N. MQO.RE PLAZA 03/28/2011 Prepared By: SRR Department of Development Services CASE: 0411 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A -1 Apartment House District 1-1 Limited Indusral District A -1A Apartment House Dlslrict 1-2 Light Industrial District A-2 Apartment House District 1-3 •ieavy Industriel District AB Professional Office District PUD Planned Unit Development AT Apartment - Tourist District R -1A One Family Dwelling District 6-1 Neighborhood Business District R -16 One Family Dwelling District B-1A Neighborhood Business District R -1C One Family Dwelling District 6.2 Bayfrunt Business District R -2 Multiple Dwelling District B-2A Barrier island Business District RA One Famgy Dwelling District 6-3 Business District RE Residential Estate Districl 6-4 General Business Dlslrict R -TH Townhouse Dwelling District 6-5 Primary Business District SP Special Permit 6-6 Primary Business Core District T -1A Travel Trailer Perk District BD Corpus Christi Beach Design Dist. T -16 Manufactured Home Perk District F -R Farm Rural District T -iC Manufactured Horne Subdivision HC Historical- Cultural Landmark District Preservation czi Subject Property w O Owners with 200' buffer in favor 4 Owners within 200' fisted an X Owners attached ownership fable in opposition SUBJECT ROPERTI LOCATION MAP -173- SUBJECT PROPERTY 00 COM Feet 03/28/2011 Prepared By SRR Department of Development Services CASE: 0411-01 3. SITE- EXISTING LAND USE Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial m Light industrial H! Heavy Industrial Public Semi- Public Fiki Park ❑C Drainage Corridor CP Conservation/Preservation Q Wafer Map Scale: 1 :2, 400 LE1 SUs ERTY SECT PROPERTY B w. 4 0 m ROA Ea LE 13 PO COM &Alp "111* 0 -R COM 400 CASE: 0411 -01 4. SITE- FUTURE LAND USE Agricultural/Rural Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office COM Commercial Transportation Plan ExIstfng Proposed ■ Expressways am Arterials - - - - Collectors OM Parkway OM {- Railroad - *-I-H+ TOR 0 Tourist Research/Business Park Light industrial Heavy Industrial Public Semi - Public Park Drainage Corridor Dredge Placement Water Conservation/Preservation Map Scale: 1:2,400 ° Q_ HqR p'Tic �W .NOR LOCATION MAP .` 03/2arz0rr Prepared By SRN Department ofDeve b. mentServlces SUBJECT ROPERTI City of Corpus Christi -175- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall April 13, 2011 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk Johnny R. Martinez Evon J. Kelly *Absent* John C. Tamez Govind Nadkarni Mark Adame John Taylor *Arrived at 5:34 p.m.* STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services Faryce Goode- Macon, Assistant Director, Development Services *Absent* Wesley Vardeman, City Planner Andrew Dimas, City Planner Deborah Brown, Assistant City Attorney Ashley Satterfield, Recording Secretary Si usted quiere dirigirse a la comision y su ingIds es limitado, habrh un interprete de espanol a ingles en la junta para ayudarle. L CALL TO ORDER The meeting was called to order by Chairman Garza at 5:33 p.m. and a quorum was declared. B. ZONING 1. New Zoning Andrew Dimas, Development Services, presented Case No. 0411 -01 KM Operating Company, LLC. and staff recommended approval. a. Case No. 0411 -01 KIII Operating Company, LLC: A change of zoning from "B-4" General Business District to `8-5" Business District not resulting in a change of future land use. The property to be rezoned is Mt. Vernon Unit 1, Lot D, located between South Padre Island Drive (State Highway 358) and Mount Vernon Drive, east of Prinston Drive. Commissioner Skrobarczyk inquired about the differences between the `B-4" General Business District and the `B -5" Business District and Mr. Dimas explained that the "B -5" Business District is for more intense commercial purposes and open storage was not allowed. Commissioner Tamez inquired about the buffer located at the back of the property and Mr. Dimas answered that the existing six -foot masonry fence met the buffer requirements between residential and commercial uses. Commissioner Skrobarczyk asked about potential plans for Mount Vernon Drive and Mr. Dimas responded that the transportation map did not display major changes to the street. The public hearing was opened. Manuel GaIlardo, Jr., 5021 Mount Vernon Drive, carne forward in opposition and commented on the potential effects on the neighborhood and property values. Chairman Garza ensured Mr. GalIardo that the Planning Commission seeks to protect the residential districts. —1 7 6— Planning Commission Minutes April 13, 2011 Page 2 Paulino Ruis, 4938 Wexford, came forward in opposition and commented on property values, flood plains, street conditions, street traffic and the height limitations on new buildings. Philip Hurley, Executive Vice President and Chief Operating Officer for London Broadcasting Company, came forward and provided background details on the company. Mr. Hurley addresses the concerns of the neighborhood by stating the parking was sufficient, the wall in the back of the property was not going to change and no additional structures would be built. Vice - Chairman Huerta commented on the production that would require the `B -5" Business District and the possibility of a billboard. Mr. Dimas responded that billboards were allowed in the `B- 5" Business District. A brief discussion was held on billboards. Commissioner Martinez requested clarification on the project and Mr. Hurley clarified that the changes were going to be inside the building. Commissioner Skrobarczyk asked how many additional jobs would be added and Mr. Hurley responded approximately eighty -five (85) additional jobs would be added. Commissioner Skrobarczyk stated no egress or ingress was allowed onto Mount Vernon Drive and no changes were to be made to the buffer at the back of the property. Vice - Chairman Huerta asked Mr. Hurley if a billboard was to be erected and he responded that a billboard was a possibility in the future. Betty Schwartz, 5017 Mount Vernon Drive, came forward and inquired about the notification map and Mr. Dimas explained the circled area was the two - hundred foot notification area. Mr. Gallardo came forward and asked if more satellite dishes were going to be placed at the back of the property because he feared the satellites might fall onto his house that sits directly behind the satellites. Mr. Hurley responded that the satellites were designed to fall into themselves and there was a possibility additional dishes may be added as more stations were added, but no towers would be constructed. Commissioner Martinez asked if additional satellite dishes could be placed in the current zoning district and Mr. Dimas responded yes. Terry Ruis, 4938 Wexford, came forward and asked about the effects on the neighborhood such as the proposed laboratory and noise. Mr. Hurley explained that the laboratory was used for manufacturing CDs and no major chemicals were going to be used on the premises. Mr. Hurley continued that noise levels would not increase. Steve Schwartz, 5017 Wexford, came forward and asked the Planning Commission to verify that the applicant could not buy out the neighborhood properties and Chairman Garza responded that the residential district would be protected. The public hearing was closed. Commissioner Skrobarczyk commented that the requirements and standards set by the City required the applicant to file a change of zoning because of the slight manufacturing process. H:1PLN- DIRISHAREDl1. PLANNING COMMISSION12011 CCtMAY 2011Y0411 -01 KIl1 OPERATING. LL00411.01 MINITT'ES.DOC -177- Planning Commission Minutes April 13, 2011 Page 3 Vice - Chairman Huerta began discussing the proposed Unified Development Code regarding signs. After a brief discussion, Mr. Dimas stated the issue at hand was the change in zoning and not a billboard. Commissioner Skrobarczyk asked Mr. Dimas about the surrounding properties and Mr. Dimas displayed the surrounding zoning districts. Motion to approve the applicant' s request for a change in zoning from the "B -4" General Business District to the `B -5" Business District was made by Commissioner Taylor and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Kelly absent. H:1PLN•DlRlSHAREDII. PLANNING COMMISSIONVO 11 CCNIAY 20114041] -0I KII1 OPERATING, LLCM LI -01 MINUTESDOC -178- Page 1 of 3 . ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KIII OPERATING COMPANY, LLC., BY CHANGING THE ZONING MAP IN REFERENCE TO MT. VERNON SUBDIVISION, UNIT 1, LOT D, LOCATED BETWEEN SOUTH PADRE ISLAND DRIVE (STATE HIGHWAY 358) AND MOUNT VERNON DRIVE, EAST OF PRINSTON DRIVE, FROM THE "B -4" GENERAL BUSINESS DISTRICT TO THE "B- 5" BUSINESS DISTRICT, NOT RESULTING IN A CHANGE OF FUTURE LAND USE; 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 Kill Operating Company, LLC., 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, April 13, 2011, during a meeting of the Planning Commission, and on Tuesday, May 10, 2011, 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, 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 Mt. Vernon Subdivision, Unit 1, Lot D, located between South Padre Island Drive (State Highway 358) and Mount Vernon Drive, east of Prinston Drive, from the "B -4" General Business District to the "B -5" Business District, not resulting a change of future land use (Zoning Map 043,046) (Exhibit A - "Planning Commission's and Staff's Recommendation "). SECTION 2. 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 3. 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. I-t:1PLN- DIFINSHAREDI1. Planning Commission12011 CCIMay 201110411 -01 Kill Operating, LLC10411 -01 Ordinance (B -4 to B- 5).doc -179- Page 2 of 3 SECTION 4. 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 with this ordinance are hereby expressly repealed. SECTION 6. 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 7. 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 8. 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 day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This day of , 2011 Deborah Walther Brown Assistant City Attorney For City Attorney H:IPLN- DIRISHAREDI1. Planning Commission12011 CC\May 2011 1041 1 -01 Kil! Operating, LLC10411 -01 Ordinance (8 -4 to B- 5).doc -180- Page 3 of 3 • Corpus Christi, Texas day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:1PLN- DIRISHARED11. Planning Commission12011 CC\May 2011\0411 -01 Kill Operating, LLC10411 -01 Ordinance (B -4 to B- 5).dac -181- E2R MT VERNON [► .1T 1 SUBJECT PROPERTY 4N 4, D2 0 MOO•RE PLAZA 400 03/28/20f1 Prepared 8y: SRR Department or DevelopmentServlces CASE: 0411 -01 EXHIBIT A PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: B -4 TO: B -5 ORDINANCE NO. -182- 15 AGENDA MEMORANDUM City Council Action Date: May 10, 2011 SUBJECT: Cole Park Renovations and Improvements RE -BID (BOND ISSUE 2008) (Project No. 33841 CIP No. PR 11) AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute a construction contract with Safenet Services, LLC of Corpus Christi, Texas, in the amount of $1,066,500 for the Cole Park Renovations and Improvements RE -BID for the Base Bid only. (BOND ISSUE 2008) ISSUE: Cole Park is located at 2600 Ocean Drive. Various renovations and improvements were approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 6 Parks and Recreation. A construction contract is required to complete the project; and requires City Council approval. FUNDING: Funding is available from the Bond Issue 2008 (Parks and Recreation) Capital Improvement Budget FY 2011. RECOMMENDATION: Staff recommends approval of the motion as presented. Mic ael Morris Director of Parks and Recreation 826 -3464 michealmo @cctexas.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 I4:1HOME5VeImaP\GENIPARKS & REC53384 COLE PARKICONSTRUCTIONI2 AGE §EMO.doe Pete Anaya, P.E., Director of Engineering Services 826 -3781 petean @cctexas.com BACKGROUND INFORMATION SUBJECT: Cole Park Renovations and Improvements RE -BID (BOND ISSUE 2008) (Project No. 3384/ CIP No. PR 11) PROJECT DESCRIPTION: Base Bid — The General Scope of this project is to provide improvements, renovations and new construction within Cole Park, consistent with the Cole Park Master Plan. Improvements within Cole Park will include; General irrigation system for the entire Park, including Oleander Point, New "Kids Place" asphalt Playground pad, asphalt repair to existing parking areas, a +/- 500 square foot maintenance Storage addition to the Amphitheater, Renovations to the exterior and interior of the Amphitheater Building, "Kids Place" area sidewalk repairs, directional and informational park Signage and General landscaping throughout the entire Park. BID INFORMATION: On April 6, 2011, the City received proposals from five (5) bidders (see Exhibit "C" Bid Tabulation). The bids range from $1,066,500 to $1,347,327 forthe Base Bid. The estimated cost of construction is $1,066,500. The low bid was submitted by Safenet Services, LLC in the amount of $1,066,500. City staff and the consultant, JEC Architects, Inc., recommend that the contract be awarded to Safenet Services, LLC, Inc. of Corpus Christi, Texas, in the amount of $1,066,500 for the Base Bid. CONTRACT TERMS: The project is estimated to require 190 calendar days, with completion anticipated in December, 2011. PROJECT BACKGROUND: Cole Park is currently in need of major renovations and improvements consistent with the approved Master Plan. Proposed work includes general irrigation, park fishing . pier restoration /lighting, new "Kids Place" playground equipment, new parking lot and repairs, maintenance /storage addition to amphitheater, renovations to the amphitheater building, Kids Place area sidewalk repairs, accessible sidewalk/ramps from Kids Place parking to "The Gardens" landscaped area, park signage and general landscaping forthe entire park. The irrigation and landscaping design will be performed by Robert Gignac Landscape Architecture under the Small A/E Agreement approved in October 2009. EXHIBIT "A" _jQ Page of H: Hi OMEIGraziellaMlGenerallProjeclsIns Construction Projects13384- Cole Park Res r§in_ s and Improvements1ConstnscIionl3 AGENDA BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: Cole Park Renovations and Improvements RE -BID (BOND ISSUE 2008) (Project No. 33841 CIP No: PR 11) 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 propositioning 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 $152,654,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bay front Development. (Resolution No. 027950) 3. March 23, 2010 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with JEC Architects, Inc. of Corpus Christi, Texas in the amount of $228,800 for preliminary design, bidding, and construction phase services and additional services for Cole Park Renovations and Improvements. (BOND ISSUE 2008) (Motion No. M2010 -062) 4. January 25, 2011 - Motion approving the purchase and installation of one play structure and rubber tiling from PlayPower LT Farmington, Inc., of Farmington, Missouri for a total amount of $328,497.60. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (Texas Buy Board). The play structure and tiles are for the replacement of Kids Place in the Cole Park Capital Improvement Project. (Motion No. M2011 -025) 5. March 8. 2011 - Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. (Ordinance No. 028995) 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). EXHIBIT "B" Page 1 of 2 H; WOMElGRA7JELLAM\ GENERALSPROJECT34LARGECONSTRUCTION PROJECTS\3381- COLE PARK RENOVATIONS AND IMPROVEMENTSICONSTRUCTTON44 AGENDA PRIOR ACTIONS.DOCX -187- 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. October 9. 2009 — Administrative approval of Small AIE Agreement with Gignac Landscape Architecture from Corpus Christi, Texas in the amount of $18,000 for landscape irrigation construction documents for Cole Park Renovations and Improvements. 5. June 24, 2010 -- Administrative approval of SmaII AIE Agreement with Rock Engineering & Testing from Corpus Christi, Texas in the amount of $4,260 for testing services for the project. 6. July 26, 2010 -- Administrative approval of SmaII NE Agreement with Naismith Engineering, Inc. from Corpus Christi, Texas in the amount of $29,505 for consulting services for the project. 7. March 30, 2011 -- Administrative Approval of Amendment #2 to the Contract for Professional Services with JEC Architects, Inc., of Corpus Christi Texas in the amount of $6,200 for a total revised fee of $245,800 for Cole Park Renovations and Improvements. (Bond Issue 2008) 8. August 4. 2011 — Administrative Approval of Amendment #1 to the Contract for Professional Services with JEC Architects, Inc., of Corpus Christi Texas in the amount of $10,800 for a total revised fee of $239,600 for Cole Park Renovations and Improvements. (Bond Issue 2008) EXHIBIT "B" Page 2 of 2 H: WOMPGRAZ lELLANAGENERALWROJECTSLLARGE CONSTRUCTION PROJEGT849384- COLE PARK RENOVATIONS AND IMPROVE MENT81CONSTRUCTION14 AGENDA PRIOR ACTIONS.DOCX —1 8 8— TABULATED BY: JEC Architects, Inc. DATE: April 6, 2011 TABULATION OF 81D TABS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TIME OF COMPLETION: 190 Calendar Days Base Bid COLE PARK RENOVATIONS AND IMPROVEMENTS Project No. 3384 - RE -BID BOND ISSUE 2008. SafeNet Services PO Box 181054 Corpus Christi, TX 78480 Barcom Commericial 5826 Bear land Corpus Christi, TX 78405 KJM Commercial 1814 Holy Rd. Corpus Christi, TX 78417 ..rt V G.1 Teal Construction 5110 B 11137 Corpus Christi, TX 78405 MIM 1 C:. 4 I, 19444UY.Y0 Elite General Contractors 23 Great Lakes Corpus Christi, TX 78413 (DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE .I AMOUNT . UNIT PRICE AMOUNT Base Bid 1 Consisting of al work not Specifically identified as Addtive a and Alternate Bid Items as shown on plans, spelied project contract documents for a complete installed project as per Lump Sum. 1 LS $1,066,500.00 81,066,500.00 $1,113,250.00 81,113,250.00 $1,142,000.00 $1,142,000.00 $1,179,000.00 $1,179,000.00 $1,347,327.00 $1,347,327.00 Additive Alternate Bir! No. 1 1 All added costs associated with the furnishing and installation of Cathodic Protection associated with the Fishing Pier restoration, indenti8ed as Additive Alternate No.1 as shown on the Contract plans. 1 LS $116,560.00 $118,500.00 $142,201.00 8142,201.00 $162,900.00 $162,900.00 $154,000.00 $154,000.00 $179,000.00 $179,000.00 Additive Alternate Bid No. 2 1 All added costs associated with constriction of the Asphalt Parking located East of the Skate Park, indentified as Additive Alternate No. 2 as shown on the Contract plans. 1 LS $59,685.00 $59,685.00 $96,572.00 $96,572.00 $74,900.00 $74,900.00 879,000.00 $79,000.00 $89,000.00 $89,000.00 Additive Attemate Bid No.3 1 AN added costs associated with construction of new sidewalks from Skate Park area up to the Gardens, indentfied as dditive Alternate No. 3 as shown an the Contract plans. 1 LS $6,864.00 $6,864.00 $5,980.00 $5,980.00 $3,900.00 $3,900.00 $5,000.00 $5,000.00 $5,900.00 $5,900.00 ' Alternate Bid NaA 1 At added costs associated with the restoration of Cole Park Piers concrete structures, indentified as Additive Alternate No. 4 as shown on the Contract plans. 1 LS $548,437.00 $548,437.00 $598,721.00 $598,721.00 $519,000.00 $519,000.00 $507,000.00 $507,000.00 8541,000.00 8541,000.00 Additive Alternate Bid No.5 — 1 All added costs associated with installation of new Power and Lighting of the Pier, indentifed as Additive Alternate No.5 as shown on the Contract plans, 1 LS $64,355.00 $64,355.00 899,189.00 $99,189.00 869,000.00 $69,000.00 $60,000.00 $60,000.00 $84,000.00 $84,000.00 TOTAL BASE BID $1,066,500.00 $1,113,250.00 51,142,000.00 51,179,000.00 51,347,327.00 PROJECT BUDGET COLE PARK RENOVATIONS AND IMPROVEMENTS RE -BID (BOND ISSUE 2008) Project No. 3384 May 10, 2011 FUNDS AVAILABLE: Bond Issue 2008 CIP No. PR 11 $2,253,200.00 FUNDS REQUIRED: Construction (Safenet Services, LLC) $1,066,500.00 Contingencies 106,650.00 Consultant Fees: Consultant - (JEC Architects, Inc.) Consultant - (Gignac Landscape Architecture) Consultant - (Naismith Engineering) Testing - (Rock Engineering, Subsurface Investigation & Laboratory Testing) 245,800.00 * 18,000.00 29,505.00 4,260.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 29,328.75 Engineering Services (Project Mgt/Constr MgtiTraffic Mgt) 37,327.50 Finance Issuance 13,331.25 Misc. (Printing, Advertising, etc.) 5,332.50 Total . $1,556,035.00 * Construction Observation Services is included in Consultant, JEC Architects, Inc., contract. H:IHOMENeImeP\GENIPARKS 8 REC13384 COLE PARKICONBTRUCTION16 AGENDA PROJECT BUDGET6 AGENDA PROJECT BUDGET - 1 90- EXHIBIT "D" Pagel of 1 April 14, 2011 Mr. Pete Anaya, P.E. Director of Entering Services City of Corpus Christi PD. Box 9277 Corpus Christi, Texas 78469 RE: Cole Park Renovations and Improvements — Re-Bid Project No. 3384 Dear Mr. Anaya: .APR 8 208 JEC Architects, Inc. has completed our review and evaluation of all Bids submitted on April 6, 2011 for the above referenced project A total of eight (5) Contractors submitted bids on this project with two of the lowest bidders being within our Opinion of. Construction Cost for the Base Bid and the third only higher. We find no irregularities in any of the three lowest Bids with SafeNet Services, LLC being the low bidder with a Base Bid of $1,066,500.00. Therefore, we respectfully record that the City of Corpus Christi award the Construction. Contract to SafeNet Services, LLC for the Cole Park Improvements, Project No. 3384 for the Base Bid Scope of Work in the bid aunt of V1,066,500.00. Ics C`,»5-t-1 - 1 16 - —191— • Mr. Pete Anaya, P.E. April 14, 2011 Page2of2 Should you have any questions concerning this Bid Evaluation or Recommendation, please do not hesitate to contact us for discussion by phone or a meeting. A Bid Tab form is attached for your added information. Sincerely, JEC ARCHITECTS, INC. cl/Coffin, President JC/lc Attachment: Bid Tab Cc: Mr, Dan Biles, P.E. Mr. Billy Delgado —192— San Potricio County NUECES BAY • A•__ _ ILIPPI414 .4 CORPUS CHRISTI BAY F.H. 43 FM 2444 LOCATION MAP NOT TO SCALE EXHIBIT - 'F' COLE PARK RENOVATIONS AND IMPROVEMENTS BOND ISSUE 2008 -19-3 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE 05/10/2011 wr 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 10, 2011 AGENDA ITEM: A: Motion authorizing the City Manager or designee to purchase Microsoft Windows Server Client Access licenses for 2,800 users from Dell Corporation, Austin, Texas, in the amount of $24,556.00 per year for three years for a total cost not to exceed $73,668.00. Dell Incorporated is a State of Texas DIR recognized vendor, #DIR SDD -1014. B: Motion authorizing the City Manager or designee to purchase subscriptions for Microsoft hosted Exchange email licenses and hosted email archival licenses for 2,800 users from Dell Corporation, Austin, Texas, in the amount of $218,213.00 per year for three years for a total cost not to exceed $654,63 9.00. Dell Incorporated is a State of Texas DIR recognized vendor, #DIR -SDD -1014. C: Motion authorizing the City Manager or designee to purchase services from Dell Incorporated, Austin, Texas in the amount of $88,190.00 for the migration of systems from Netware/Novell to Microsoft Active Directory/Exchange. Dell Incorporated is a State of Texas DIR recognized vendor, #DIR- SDD -890. D: Motion authorizing the City Manager or designee to purchase 2,800 Quest software licenses from Dell Incorporated, Austin, Texas for use in the migration process of Item C in the amount of $55,580.00. Dell Incorporated is a State of Texas DER recognized vendor, #DIR -SDD -890. ISSUE: The City has approximately 2,800 electronic mail accounts. Since 1994, we have used Novell GroupWise for e-mail and calendaring. Novell has seen its share of the e-mail market decline substantially, and that decline continues. Novell was recently acquired by a firm with no experience in developing or marketing an e- mail product. We question the continued viability of GroupWise as a supported product and recommend moving to more mainstream product that can be hosted by an external entity. REQUIRED COUNCIL ACTION: City Council must approve all expenditures over $50,000. PREVIOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Attachments Exhibit A — Project Scope Exhibit B --- Background Exhibit C — Quotation from Dell Exhibit D — Statement of Work Michael Armst ong CIO 361 -826 -3735 MichaelAr @cctexas. cons —197— Project Scope The scope ofthis project is to acquire software licenses, migration services and subscription services from Dell, Corporation, Austin, TX that will allow the City to migrate from an internally- supported electronic mail and calendaring system to a Microsoft Exchange/Outlook -based system hosted externally by Microsoft Corporation. Funding of one-time migration costs of $143,770 to be paid in FY 10/11; annual license and subscription costs of $242,769 for a three year period to be paid beginning FY 11 /12. This migration will result in an annual reduction of $102,965 from our current costs, beginning in FY 11/12, with total savings of $165,125 over the three year contract period. This project will take approximately eight weeks with expected completion by July 31, 2011. Dell Incorporated is a State of Texas DIR recognized vendor, #DIR -SDD- 1014 -TX and contract #DIR- SDD - 890 -TX. Plante and Moran are engaged in a competitiveness assessment of MIS. This proposal has been shared with Plante and Moran, and they concur with our recommendation. -198- EXHIBIT A BACKGROUND INFORMATION Electronic mail is one ofthe City's most critical applications. Approximately 2800 City employees as well as thousands of citizens, vendors, advisors and partners rely on our email system for a very wide range of communications tasks. It is essential that we use a reliable, sustainable system for critical electronic communications. MIS routinely evaluates the status ofthe City's critical applications. We noted a number of months ago that our email provider had a small and shrinking market share, had been dropped as a supported platform by a number of third -party service providers, and was a likely candidate for acquisition by another company. In fact, Novell has recently been purchased by a firm with no experience in electronic mail services or mail product development. MIS staff, along with an advisory committee of system users determined that it was in the City's interest to move to a different e-mail system. MIS staff and the advisory committee spent several weeks identifying and evaluating the capabilities of alternative email systems. The result of this analysis was a recommendation to move email and calendaring to a hosted system offered by Microsoft. This migration will provide a number ofbenefits to users of our system: 1. Substantial reduction in cost for providing email and calendaring services. 2. A system based on the current enterprise standard of Microsoft Exchange with a Microsoft Outlook client. 3. Consolidation of email operation, spam and virus protection, archiving and backup into a single contract. The City's data will be replicated to multiple data centers around the US. 4. A short learning curve for users. Many users already use Outlook or Outlook express at home. 5. Access to a broad marketplace for tools that can assist with open records requests and litigation discovery. 6. Decommissioning of 20 servers and other equipment items in the City's Data Center 7. Improved integration with existing enterprise applications, many of which are tied to Microsoft products 8. Additional functionality, including access to SharePoint (a collaboration platform), communications services that will allow us to host on -line meetings, and Office365, which are online versions of familiar MS Office applications (Word, Excel and PowerPoint). 9. Increased ability to serve new generations of phones and communications devices. 10. Increased size ofpool from which services or new hires maybe drawn. Microsoft -based skills are readily available in the marketplace. —199— EXHIBIT B Migrating an enterprise mail system with a large amount of data is a complex and sensitive task. We also face a time deadline (August 31, 2011) to avoid additional licensing payments to Novell. The migration will require a one -time expense of $143,770 for services and migration tool licenses. This will be paid from current year MIS funds. Microsoft subscriptions and license cost will not be billed until FY 11/12. Once the migration is complete, our annual costs to provide email and calendaring will be reduced from $345,734 to $242,769. Total savings for the three -year contract period will be $1 65,125 ($308,895 Less migration costs of $143,770). Dell will provide services for migration to the hosted environment over an eight (8) week period. Upon completion of the migration, Microsoft will provide all backup, archiving and disaster recovery services for email and file storage. The State of Texas Department of Information Resources, DIR, established the Information and Communications Technology, ICT, cooperative contracts list fromwhichTexas government agencies may procure information resources such as hardware, software and services. All items in the ICT cooperative contracts list have been competitively bid per Texas State Requirements. Dell Corporation is a State of Texas DIR vendor with ICT contract #DIR -SDD- 1014 -TX and contract #DIR- SDD - 890 -TX. Plante and Moran are engaged in a competitiveness assessment of MIS. This proposal has been shared with Plante and Moran, and they concur with our recommendation. —200— N J Customer: City of Corpus Christi Contact: John Spiess Customer#: 316572 Phone: 361-880-3420 Email: JohnS@cctexas.com Date of Issue: May 3, 2011 EMa11 Customer Conarkenfiad Quotation Budgetary Quote Number: O W05032011 Quote Expires: May 31, 2011 PLEASE SEE IMPORTANT TERMS MID CQNDh11 ONS AT THE BOTTOM OF THIS QV -IOTA -FM Mrlinufe Q,IIcnlu. Microsoft EA Specialist 850 Asbugy Dr. Buff to r'rrara. 11 BODS P. (5i T23 -D84.1 F_ ("d12)CUi4Ltld m nda aIindol de1Lcom State Contract#: MR -SIM -1014 Product Description EA PAYMENTS. 1- 3 Part# Mfg# Quantity Unit Price Ext. Price WINDOWS SERVER DEVICE CLIENT LICENSEISOFTWARE ASSURANCE R18-00095 2800 $ 8.77 $ 24,556.00 $ - - $ - Year 1 Subtotal -Annual Payment 1 due upon contract signing $ 24,556.00 WINDOWS SERVER DEVICE CLIENT LICENSE/SOFTWARE ASSURANCE R18-00095 2800 $ 8.77 $ 24,556.00 $ - Year 2 Subtotal - Annual Payment 2 due upon the lst enrollment anniversary $ 24,556.00 WINDOWS SERVER DEVICE CLIENT LICENSE/SOFTWARE ASSURANCE R18-00095 2800 $ 8.77 $ 24,556.00 $ - Year 3 Subtotal - Annual Payment 3 due upon the 2nd enrollment anniversary $ 24,556.00 1Notes: Microsoft Enterprise Agreement (EA) Entrollment#: TBD 1 Grand Total (USD) Years 1 - 3: $ 73,668.00 The pricing quoted above reflects the annual amount that will be due on the enrollment anniversary date which will be due each year, for the next three years. Customer must complete all required Microsoft enrollment documentation. The EA cannot be executed (processed at Microsoft) until both the complete documents and PO are received for the first annual payment. Quote prepared by: Celeste Williams 13 t sner-s penotese Is snteje* ova Me tains and conations of the above refeve sit canouesa. 2) Saieluyetax IS based err OM "drip tom. adobes!" on your invoice. Neese irrdrem1eyour hombay Amino aoyour postmen order. IF exempt. Customer must tease err Cseanp5nn [erbTieaie cin- , inholunfing non -Federal government cuslorners f you Immo guestions re: your ton ntotua.please contact your inside sores representative fished ribove 3) S to Marmon:for aeilairr prcieden fes. a Mote Environment15I Fee of rqr to- 1111 par liter may bo applied to yaw hinnies. Priam do not: rennet ibis fon unions rroindFar asoma inForrrraarrq ro[ar to rrrrw.dsiLconrlanvirara veratalfsa. Thin wisher undo= tisk psawCuar i opaelhealy ezdudad i n tlw above referenced contract. 4) All pocket cfescriptions and prices are based on West infcrreeriorn enable ani are snippet t}cage?Whim theteensotThe anew mammal contract ;r} ihdiecesperiirrerfao4lrsUbe.intheaboverefeenraairaxvhad.dllrices.re Incl moo Net 30 trsao. Strout shown._ tsandlins hoes and other fico 'attar eahied al the hone of Ile order where appliontile. Cu -Ammer vnderataedband ocknowledgenthat rffwrrantiro, rt rea rndtreturne are sullied In the ensr. er. per of Customer: City of Corpus Christi Contact John Spiess Customer#: 316572 Phone: 361-880-3420 Email: JohnS@cctexas.com Date of issue: May 3, 2011 !7all CustanearConneafonFi 1 Quotat ion Budgetary Quote Number: a(W05032011-01 Quote Expires: May 31, 2011 PL.Ed SE SEE IMPORTANT TERMS AND CONDrgOtIS AT THE BOTTOM OF THIS QUOTR.TLON Illbefirralm OiiEndo hllipvsoft EA Specialist 50 Asbury Dr. 6urao .Grano, IL 804812 P. 011 2) 72S-0941 l . l'b1.7)1tr3-YZHd mliindaLgafirndoedNl. con State Contract#: DIR-SDD-1014 Product Description EA PAYMENTS 1- 3 Part# Mfg# Quantity Unit Price Ext. Price BPOStdSte ShrdSvr ALNG SubsVL MVL PerUsr T6A-00024 250 $ 84.52 $ 21,130.00 Exchange Hosted Archive 74P-00002 2800 $ 31.90 $ 89,320.00 Exchange Online Standard ALNG SubsVL MVL PerUsr TRA -00047 2550 $ 42.26 $ 107,763.00 $ - Year 1 Subtotal - Annual Payment 1 due upon contract signing $ 218,213.00 BPOStdSte ShrdSvr ALNG SubsVL MVL PerUsr T6A-00024 250 $ 84.52 $ 21,130.00 Exchange Hosted Archive 74P-00002 2800 $ 31.90 $ 89,320.00 Exchange Online Standard ALNG SubSVL MVL PerUsr TRA -00047 2550 $ 42.26 $ 107,763.00 $ - Year 2 Subtotal - Annual Payment 2 due upon the 1st enrollment anniversary $ 218,213.00 BPOStdSte ShrdSvr ALNG SubsVL MVL PerUsr T6A-00024 250 $ 84.52 $ 21,130.00 Exchange Hosted Archive 74P-00002 2800 $ 31.90 $ 89,320.00_ Exchange Online Standard ALNG SubsVL MVL PerUsr , TRA -00047 2550 $ 42.26 $ 107,763.00 $ - Year 3 Subtotal - Annual Payment 3 due upon the 2nd enrollment anniversary $ 218,213.00 Grand Total (USD) Years 1 - 3: $ 654,639.00 Notes: Microsoft Enterprise Agreement (EA) Entrollmentif: TBD The pricing quoted above reflects the annual amount that will be due on the enrollment anniversary date which will be due each year, for the next three years. Customer must complete all required Microsoft enrollment documentation. The EA cannot be executed (processed at Microsoft) until both the complete documents and PO are received for the first annual payment. Quote prepared by: Celeste Williams 11 C#ornrrs purchase is subject to the throne and conditions of the whore refeenrud card acL 2} Salefeme lar is bared ars the 'red*abbe= an your invoice. rthowe iodinate your toriahalily Malmo am your parataeze cedar. IF cucempt Cuotaorcr ms+:.t have an Exerispreen Cer5irale an tar, leathering non federal govcrruoarrt ouniso sersif you hove u cprc.tion re,: your tui dibm, plea a oarhaot your made salt~ rcprc cntu ivw lied above. Ire fNitrrrra- few esslain prndurin. x RtaEa Fooirenno h}aI Few atop tea 111 pee lbws :noir hoapldir d In parr inunitte Primps do net rubor/ this by rrnMss nrrhnd Fri mem infinsneurerin. rotor to rum dot/ exinaprewirannunprefulfpe Thin orirdips thk penoisgar is vtrrrirst1nthio skimp 4) /rte peoiact descriptions and prices are based artla»c hnionstadion wadable and aestoject to change Mann the terms of the move referenced contract 51 Wens. swarmed otherwise in tyreabove referenced cq * tt ail prices .r e based en Net SO term.. If not shown. nieipping; handling, *woes and other fees wilt be, added et the erre voles ceder abet& uplalicubte. q iCarasaoeerrncier ands louseledg= VintonnononEen, rcinmenelniiorn and.rehrem are subjectt{othe asarwfsuhreer, Maar or DELL Date: 4/21/11 11:49:39 AM QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Customer Name: Page 1 of 2 QUOTATION 582102873 7920064 48ABO DIR- SDD- 890 -TX 4/21/11 CITY OF CORPUS CHRISTI TOTAL QUOTE AMOUNT: $88,190.00 Product Quantity Product Subtotal: $88,190.00 ,. 8 Tax: . $0 .00 ProConsult -ICS Exchange Implementation L 1000 (906 -6767) 7 Shipping & Handling: $0.00 ProConsult-ICS Exchange Implementation L 100 (906-6758) 9 Shipping Method: Ground Total Number of System Groups: 0 SOFTWARE & ACCESSORIES John L Daly Product Quantity ' Unit Price Total ProConsult -ICS Exchange implementation L 10000 (906 -6768) 8 $9,040.00 $72,320.00 ProConsult -ICS Exchange Implementation L 1000 (906 -6767) 7 $904.00 $6,328.00 ProConsult-ICS Exchange Implementation L 100 (906-6758) 9 $90.40 $813.60 ProConsult -ICS Exchange Implementation L 10 (906-6757) 2 $9.04 $18.08 ProConsult -ICS Exchange Implementation L 1 (906.6748) 8 10.90 17.20 ProConsult -ICS Exchange implementation L .01 (906 -6747) 19 $0.01 10.19 ProConsult -ICS Exchange Implementation E 100 (906 -6727) 87 $100.00 $8,700.00 ProConsult -ICS Exchange Implementation E 1 (906 -6718) 2 $1.00 $2.00 ProConsult-ICS Exchange Implementation E .01 (906.6717) 50 $0.01 $0.50 Professional Services - OTHER Offer Category (991 - 2639) 43 50.01 $0.43 Number of S & A Items: 10 I S &A Total Amount: $88,190.00 SALES REP: John L Daly PHONE: 18005766038 Email Address: john_l_daly@dell.com Phone Ext: 513 -9092 Please review this quote carefully. If complete and accurate, you may place your order online at www.dell.com/qto (use quote number above). POs and payments should be made to Dell Marketing L.P. If you do not have a separate agreement with Dell that applies to your order, please refer to www.dell.comiterms as follows: If purchasing for your internal use, your order will be subject to Dell's Terms and Conditions of Sale- Direct including Dell's U.S. Return Policy, at www .deli.comireturnpolicy#total. If purchasing for resale, your order will be subject to Dell's Terms and Condition of Sale for Persons or Entities Purchasing to Resell, and other terms of Dell's PartnerDirect program at www.dell.comipartner. -205 - fi1e: //H:1 MIS- DIRICONNIE\Budget- FY1011\Agenda Items12011 -05 -10 Microsoft AD &E... 4/27/2011 Page 2 of 2 If your order includes services, visit www.dell.com /servicecontracts for service descriptions and terms. Quote information is valid for U.S. customers and U.S. addresses only, and is subject to change. Sales tax on products shipped is based on "Ship To" address, and for downloads is based on "Bill To" address. Please indicate any tax - exempt status on your PO, and fax your exemption certificate, with seller listed as Dell Marketing L.P, to Dell's Tax Department at 800-433-9023. Please include your Customer Number. For certain products shipped to end -users in California, a State Environmental Fee will be applied. For Asset Recovery /Recycling Services, visit www.delLcom /assetrecovery. -206 - file: //H:1 MIS- DIR\CONNIE\Budget- FY1011\Agenda Items12011 -05 -10 Microsoft AD &E... 4/27/2011 DELL Date: 4121111 11:49:38 AM QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Customer Name: QUOTATION 582102649 7920064 48ABO DIR- SDD- 890 -TX 412'1111 CITY OF CORPUS CHRISTI Page 1 of 1 TOTAL QUOTE AMOUNT: $55,580.00 Product Quantity Product Subtotal: $55,580.00 Dell ICS -QUEST NUS MIGRATOR PER MIGRATED USER LICENSE MAINT (A2588132) 2800 Tax: $0.00 ICS use only- GroupWlse Migrator for Exchange (A1152224) 2800 Shipping & Handling: $0.00 Number of S & A Items: 2 I Shipping Method: Ground Total Number of System Groups: 0 SOFTWARE & ACCESSORIES John L Daly Product Quantity Unit Price Total Dell ICS -QUEST NUS MIGRATOR PER MIGRATED USER LICENSE MAINT (A2588132) 2800 $6.62 $18,536.00 ICS use only- GroupWlse Migrator for Exchange (A1152224) 2800 $13.23 $37,044.00 Number of S & A Items: 2 I S &A Total Amount: $55,580.00 SALES REP: John L Daly PHONE: 18005766038 Email Address: john_i_daly @dell.com Phone Ext: 513 -9092 Please review this quote carefully. If complete and accurate, you may place your order online at www.deli.comlgto (use quote number above). POs and payments should be made to Dell Marketing L.P. If you do not have a separate agreement with Dell that applies to your order, please refer to www.dell.com/terms as follows: If purchasing for your internal use, your order will be subject to Dell's Terms and Conditions of Sale- Direct including Dell's U.S. Return Policy, at www.dell.com/returnpolicy#total. If purchasing for resale, your order will be subject to Dell's Terms and Condition of Sale for Persons or Entitles Purchasing to Resell, and other terms of Dell's PartnerDirect program at www.dell.com/partner. If your order includes services, visit www.dell.com /servicecontracts for service descriptions and terms. Quote Information is valid for U.S. customers and U.S. addresses only, and Is subject to change. Sales tax on products shipped is based on "Ship To" address, and for downloads is based on "Bill To" address. Please indicate any tax - exempt status on your PO, and fax your exemption certificate, with seller listed as Dell Marketing LP, to Dell's Tax Department at 800- 433 -9023. Please include your Customer Number. For certain products shipped to end -users in California, a State Environmental Fee will be applied. For Asset Recovery /Recycling Services, visit www.dell.comlassetrecovery. —207 - file: //H:1 MIS- DIRICONNIE\Budget- FY10111Agenda Items12011 -05 -10 Microsoft AD &E... 4/2712011 • • Submitted to: City of Corpus Christi, TX. Submitted by: Roy Stanyer Dell Global Services 4/2812011 © Copyright 2011. Dell Inc. Al] rights reserved. ity of or us Christi,: TX• . Table of Contents Table of Contents 1.0 Overview and Shared Objectives 3 2.0 Project Scheduling 3 3.0 Project Scope and Definition 4 4.0 Deliverables 5 5.0 Assumptions and Customer Responsibilities 6 6.0 Change Control Process 8 7.0 Dell Personnel Skills and Qualifications 9 8.0 Payment Criteria 10 9.0 Termination 10 10.0 Order of Precedence 11 11.0 Signature 12 Contact Summary 13 Appendix — Dell Training and Education Services 14 Appendix — Training Recommendations — Microsoft 15 © Copyright 2011. Deli Inc. All rights reserved. City of GorpusChristi,' Novell NDS to Microsoft Active Directory Statement of Work For City of Corpus Christi, TX. This Statement of Work ("SOW") is between Dell Marketing L.P. CONFIDENTIAL ( "Dell "), and City of Corpus Christi, TX. ( "City of Corpus Christi" or "Customer ") for the services described in this SOW (individually, the "Service" or collectively, the "Services ") and is effective as of the date last executed in the Signature section below. The services shall be performed in accordance with this SOW and the State of Texas Department of Information Resources Contract DIR -SDD- 890 -TX. Neither Dell nor its representatives, employees, contractors and/or subcontractors take responsibility for, nor are they liable for, any decisions made in the development of any systems, products, or software solutions that are made by, or for, Customer, or by employees or other representatives, contractors and/or subcontractors of Customer. All Customer use of software, online services, or software - enabled services in connection with this SOW is pursuant to the terms of the individual license agreement distributed with the service or, in the absence of such an agreement, the Agreement. Confidentiality: All information supplied to Customer for the purpose of this SOW is to be considered Dell confidential. Novell NDS to Microsoft Active Directory 1.0 Overview and Shared Objectives Dell will provide consulting services for migration of Novell NDS to Microsoft Active Directory Forest and Domain and migration from Groupwise to an Exchange Live hosted solution, installed on existing physical servers. The project will provide 5 days on site to document and assess the current Active Directory Forest and Domain that will be used for the migration from NDS Requirements, deliverables, and assumptions for each of these tasks are explained in further detail (Project Duration, Scope, and Approach) below. Dell agrees to deliver to Customer the Services described in Section 3 herein. 2.0 Project Scheduling This project is estimated to take three hundred and twenty hours over and eight week period. Phase Initiation and Planning Analysis and Design Implementation Estimated Duration Week 1: Day 1 -5 Week 2/3: Days 1 -5 Week 4: Day 1 -5 Week 5: Day 1 -5 Week 6: Day 1 -5 Dell Marketing L.P. CONFIDENTIAL or jus Christi, Novell NDS to Microsoft Active Directory Week 7: Day 1 -5 Closeout Week 8: Day 1 -5 Total 8 Weeks 3.0 Project Scope and Definition Dell will perform the tasks for this Service as follows: Phase Initiation and Planning • Project Kickoff Meeting • Requirements Review • Diagram the current DNS and DHCP structure • Diagram the current network structure, including subnets, remote locations, and bandwidth • List all the servers and their functions. Assign levels of criticality • Document how the workstations interact with the servers, including 3rd -party applications • Document the organizational structure, including rights and access permissions • Requirements Sign -off • Interview local personnel to have a better understanding of the current Novell and Microsoft environment • Determine all relevant details are identified so that in the migration process any and all dependencies for the existing Novell and Microsoft environment are replicated for the Windows 2008 and Exchange implementation. • Provide the customer with a best practice solution and deliverable for the migration process • Determine a phased approach and timeline for implementation which includes a communication plan per physical site and department. Analysis and Design • Review previous assessments and develop plan to address deficiencies in current Active Directory implementation (as determined by prior Microsoft assessment) • Develop detailed plans for AD implementation and roll -out • Develop a business continuity plan (including disaster recovery) for AD. • Develop a plan for AD version release management. • Develop a plan for maintaining AD security patches and updates. Dell :Marketing L.P. CONFIDENTIAL;'.. risti Novell NDS to Microsoft Active Directory • Schedule admin and user training for AD • Schedule the AD implementation • Quest NDS Migrator Installation /Configuration • NDS Migration testing • Quest GroupWise Migrator Installation /Configuration • GroupWise Migrator testing Implementation • Create and document migration procedures in the Lab. Test procedures in Lab and modify as needed. Create repeatable processes in Lab that will then be used in production. • Update AD with changes as determined from the analysis and design phase. • Install and configure AD software on servers. • Install and configure AD client software on user workstations. • Export directory information from NDS into AD. • Copy and convert user profiles from NDS to AD. • Copy user data from NDS to AD. • Test and verify the migration has succeeded. • Map NDS Objects to AD for migration • Map data file locations for migration • Migrate GroupWise mailboxes to Exchange • Migrate workstations and remove Novell Client • Decommission Novell environment Closeout • Review status of project with customer. • Address any outstanding issues • Review documentation for ongoing maintenance and support. • Acceptance sign -off As used in this SOW, knowledge transfer, demonstrations and documentation, and all references thereto, and the pricing quoted herein specifically exclude any Dell training and certification services. Knowledge transfer outlines only a high level informal transfer of basic knowledge of the Dell services from the Dell Consultant to Customer's local contact or IT representative. Dell training and certification offerings are available to Customer subject to a separate price quote. 4.0 Deliverables The following is a list of deliverables that will be provided to Customer under this SOW subject to time authorized through this SOW. Deliverable Description Method of I Marketing L.P. CONFIDENTIAL Novell NDS to Microsoft Active Directory As -Built Diagrams Training Documentation • Visio Diagrams illustrating logical design of Active Directory. Spreadsheet listing server configurations, Active Directory Group memberships, and Active Directory users list. • Document outlining Microsoft Active Directory administration best practices. Delivery and Excel Word 5.0 Assumptions and Customer Responsibilities Assumptions: Dell may make certain assumptions while specifying the Services and deliverables detailed in this SOW. It is the Customer's responsibility to identify any incorrect assumptions or take immediate action which will make all of Dell's assumptions correct. Dell has made the following specific assumptions while specifying the Services detailed in this SOW: 1. If the assumptions used to develop the SOW are found to be incorrect, the parties agree to meet and negotiate, in good faith, equitable changes to the SOW, Service Levels and /or Fee Schedule, as appropriate. 2. The prices for the Services are based on Customer's environment as known by Dell at the time of execution of this SOW. If the volumes, consumption factors or requirements change by +1- five (5 %) percent, Dell will adjust the pricing to reflect these changes. 3. The resources to perform the Services shall be available (including any travel time) Monday through Friday, 8:00 a.m. to 5:00 p.m. local Customer time (excluding nationally- observed holidays) based on a forty (40) hour week, unless previously agreed upon between Customer and Dell. 4. Dell reserves the right to perform portions of the work remotely according to a schedule mutually agreed to by both Customer and Dell. 5. A typical schedule involves working remotely at least one business day per week to complete deliverables and /or any applicable documentation. Additional fees may apply for travel /Services outside of this timeframe. 6. This SOW includes travel to one domestic location(s) within the continental United States as detailed in this SOW. Any additional travel to other locations is considered out of scope and will require the approval of Customer via the change control process detailed in this SOW. 7. Dell is not responsible for resolving compatibility or other issues that cannot be resolved by the manufacturer or for configuring hardware or software in contradiction to the settings supported by the manufacturer. 8. Dell is not responsible for project or Service delivery delays caused by Customer facility or personnel challenges. 9. Completing transition within the agreed timeframe is contingent upon Dell receiving the necessary Customer information and gaining access to the necessary Customer resources, personnel, and facilities in a timely manner. Marketing L.P. CONFIDENTIAL Novell NDS to Microsoft Active Directory 10. Dell's pricing does not assume the responsibility of any Customer or third party personnel, hardware, software, equipment or other assets currently utilized in the Customer's operating environment. 11. Dell reserves the right to sub - contract portions or all of the requested Services. 12. DNS, DHCP, and WINS configurations have been cleaned up and optimized by client prior to AD project start. 13. Migration involves a clean break away from NOS. At the end of this project there will be no need to keep data synchronized back to the old NDS servers. 14. Migration will involve approximately 120+ servers, and 2500+ users. 15. User workstations are based primarily on Windows XP along with some Windows Vista and windows 7. Other client operating systems (Linux, MAC, older Windows, etc.) are not part of the scope of this migration. 16. Migration will include file and print services from NDS to AD, 17. Timeline may change after initial onsite assessment of existing environment. Not Included With This Service: 1. Any services or activities other than those specifically noted in this SOW. Customer Responsibilities: Both Customer and Dell are responsible for collaborating on the execution of the Services. Dell's responsibilities have been set forth elsewhere in this SOW. Customer agrees generally to cooperate with Dell to see that the Services are successfully completed. Customer agrees to the following assigned responsibilities: 1. Prior to the start of this SOW, Customer will indicate to Dell in writing a person to be the single point of contact, according to project plan, to ensure that all tasks can be completed within the specified time period. All Services communications will be addressed to such point of contact (the "Customer Contact"). Failure to do so might result in an increase in project hours and/or length in schedule. 2. Customer will provide technical points -of- contact, who have a working knowledge of the enterprise components to be considered during the Services ( "Technical Contacts "). Dell may request that meetings be scheduled with Technical Contacts. 3. The Customer Contact will have the authority to act for Customer in all aspects of the Service including bringing issues to the attention of the appropriate persons within Customer's organization and resolving conflicting requirements. 4. The Customer Contact will ensure that any communication between Customer and Deli, including any scope - related questions or requests, are made through the appropriate Dell Project Manager. 5. The Customer Contact will provide timely access to technical and business points of contact and required data /information for matters related to the scope of Service. 6. The Customer Contact will ensure attendance by key Customer contacts at Customer meetings and deliverable presentations. Dell Marketing L.P. CONFIDENTIAL ity Corpus Christie TX. Novell NDS to Microsoft Active Directory 7. The Customer Contact will obtain and provide project requirements, information, data, decisions and approvals within one working day of the request, unless both parties agree to a different response time. 8. Customer may be responsible for developing or providing documentation, materials and assistance to Dell and agrees to do so in a timely manner. Dell shall not be responsible for any delays in completing its assigned tasks to the extent that they result from Customer's failure to provide such timely documentation, materials and assistance. 9. The Customer Contact will ensure the Services personnel have reasonable and safe access to the Project site, a safe working environment, an adequate office space, and parking as required. 10. Customer will inform Dell of all access issues and security measures, and provide access to all necessary hardware and facilities. 11. Customer is responsible for providing all hardware, software, telephone intemet access, and facilities in a timely manner for the successful completion of the Services. Facilities and power must meet Dell's requirements for the products and Services purchased. 12. Customer agrees to complete a customer satisfaction survey. 13. Completing transition within the agreed timeframe is contingent upon Dell receiving the necessary Customer information and gaining access to the necessary Customer resources, personnel, and facilities in a timely manner. 14. Customer is responsible for any workstations that fail to migrate successfully using Quest tools. 15. Customer will provide a complete list of servers, including names and/or IP addresses, business function, and hosted applications. 16. Customer is responsible for all remote site activities that may be required during the migration process Data Backup • Customer will complete a backup of all existing data and programs on affected systems prior to Dell arriving at the location to deliver this Service. DELL WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR PROGRAMS. 6.0 Change Control Process The "Change Control Process" is the process that governs changes to the scope of the Services during the term of this SOW. The Change Control Process will apply to new Services components and to enhancements of existing Services. A written Change Order" will be the vehicle for communicating any desired changes to the Services. It will describe the proposed change to Services scope, pricing, resources, tasks, and deliverables; the reason for the change; related assumptions and Customer responsibilities; and the schedule and price impacts of the change. The Dell Project Manager will draft the Change Order document based on discussions with Customer and Dell team. Only changes included in a Change Order signed by both Customer and Dell will be implemented. 1P CONFIDENTIAL Page 6 ity. :o Cori os Christi, Novell NDS to Microsoft Active Directory In some cases, a Change Order will authorize Dell to study the impacts that a proposed change will have in terms of required changes to Services scope, schedule, and price. If, upon completion of the study, Customer agrees to proceed with an identified scope change, the Dell Project Manager will draft a separate Change Order to detail the specifics associated with that change. 7.0 Dell Personnel Skills and Qualifications Deli, will, at its sole discretion, determine the number of personnel and the appropriate skill sets necessary to complete the Services. Customer understands that Dell resources may include employees of Dell and/or a service provider or subcontractor to Dell. Dell personnel may work on -site at Customer location or off -site at a Dell or other location as determined by the needs of the Services and by specific agreement of the Customer project manager. Dell has identified the following initial resource levels for these Services. Key responsibilities for the resources are identified below. Project Manager (PM) • Single point of contact and accountability for successful delivery of the Services • Maintain focus on time, cost and scope • Coordinate and facilitate kick -off, status, deliverable review and closeout meetings • Establish and manage the Services schedule, communications and status reporting • Provide up to one status call and one brief status report per week • Identify, monitor and manage Services risk, issues and escalations • Facilitate change management as needed • Confirm the Services delivered are in accordance with the SOW • Obtain deliverable and Service completion acceptance from Customer • Project management activities are conducted remotely, with minimal onsite time (e.g., kickoff, deliverable review, and closeout). Dell Senior Novell /Active Directory Consultant • Develop a pre- project discovery questionnaire based on existing environment • Perform the on -site Discovery Stage including conduct of interviews with Customer staff • Review input from the pre - project discovery questionnaire to prepare for the on -site discovery • Design and implement Active Directory forests /domains • Design and implement DNS, DHCP, WINS • Experienced in Active Directory migrations • Experienced in file server migrations • Experienced with Exchange migrations • Report status and communication • Coordinate with the Project Manager to attempt to remove any barriers Dell marketing I. P. CONFIDENTIAL orp:rs _Christi, ,TX. • Coordinate Project meetings (as appropriate) 8,0 Payment Criteria Novell NDS to Microsoft Active Directory Fixed Fee: Payment for Services is a Fixed Fee of US $88,190.00 Invoice / Payment Terms: Dell will invoice Customer the applicable Milestone Charge as follows in accordance with the corresponding milestones set forth in this SOW. Payment is due (30) days from date of invoice. Milestone Milestone 1 = 50% will be invoiced upon signature of the SOW Milestone 2 = 50% will be invoiced upon project completion. ling Amount $44,095.00 $44,095.00 Expenses: Expenses are included in the Fixed Fee price. Unless the scope changes; Dell will not charge any additional expenses in connection with delivering the Services without the express written consent of Customer. Additional expenses include Service related expenses including actual, reasonable and necessary travel and living expense Taxes: Dell's pricing does not include applicable local taxes. Scope Changes: Additional fees may apply if Customer changes or expands the scope of the Services. Any additional work that is required outside the scope of this SOW requires written approval by Customer and Dell as described in the Change Control Process detailed in this SOW. Services Scheduling: Services may not be scheduled or commenced until the Purchase Order (if any) and signed SOW is received by Dell. Upon receipt of a signed SOW and Purchase Order, a Dell Project Manager will typically contact you within 7 business days to begin Services scheduling. Services Scheduling will be based upon Customer's schedule preferences /requirements and the availability of required resources. Pricing: The terms offered by Dell under this SOW (including but not limited to the pricing) shall be valid for thirty (30) days following initial delivery of this SOW to Customer. In the event this SOW is executed by Customer after such thirty (30) day period, Dell may in its sole discretion, (1) accept the SOW on the stated terms or (ii) reject such SOW and may provide Customer with a revised SOW setting forth any necessary updates to the terms of the previous SOW. 9.0 Termination Customer may terminate this SOW for convenience upon providing Dell with thirty (30) days written notice. Upon any termination of this SOW or the associated Agreement, Customer shall pay all of Dell's unpaid fees and out -of- pocket expenses accrued through the effective date of such termination. If Customer fails to perform any payment obligations hereunder and such failure remains un- remedied for fifteen (15) days, Dell may suspend its performance until payment is received or terminate this SOW and the associated Agreement upon written notice. Dell Marketing L P. CONFIDENTIAL Page 10 Corpus Christie Tex Novell NDS to Microsoft Active Directory 10.0 Order of Precedence This SOW, together with the Purchase Order (if any) and the Agreement, states all of the rights and responsibilities of, and supersedes all prior and contemporaneous oral and written communications between Dell and Customer regarding this Service. The use of pre - printed forms, such as Purchase Orders, will be for convenience only, and all pre - printed terms and conditions stated on such forms will not apply to this Agreement. Should a conflict arise between the terms of the Purchase Order, SOW and Agreement, the following order of precedence shall be followed: first, the SOW, second the Agreement, and third the Purchase Order (if any); provided, however, that any terms and conditions printed an the Purchase Order shall not apply. Dell Marketing L.P. : CONFIDENTIAL Ciity .of corpes Christi,_ Novell NDS to Microsoft Active Directory 11.0 Signature Please fax or email a copy of your Purchase Order and this signed SOW (with all pages in full) to 512- 283 -7899 or US DPS Proiect Administrationadell.com, Attention: Dell — Intake Manager. The Purchase Order amount should include estimated expenses if they are billable. City of Corpus Christi, TX. Print Name: Date: Dell Marketing L.P. CONFIDENTIAL Scott Digitally signed by Scott Dozier DN: cn =Scott Dozier, o =Dell, Print Name: • s email=Scott_Dozier@deli.co — nr,c =US Date: 2011.04.28 16410 - 05'00' Date: Dell Marketing L P CONFIDENTIAL Page 12 "; Novell NDS to Microsoft Active Directory Contact Summary Customer Primary Contact for Service City of Corpus Christi, TX. Customer Number: 7920064 Contact Name: John Spiess Phone: 361- 826 -3750 Cell 361 - 215 -0450 Email: johns @cctexas.com Date 4/28/2011 Dell Services Contact Roy Stanyer Title: Solutions Architect Dell Global Services Email: Clayton_Stanyer @Dell.com Customer Billing Contact City of Corpus Christi, TX. 101 N Shoreline Blvd Corpus Christi, TX 78401 361- 826 -2537 Dell Segment Contact Samantha Slate Phone: (512) 921 -5786 Email: Samantha_Slate @Dell.com Location Where Work Will Be Performed 1201 Leopard Street Corpus Christi, TX 78401 Dell Opportunity Number 2468047 Dell Marketing L P;;CONF,IDENTIAL..; Page; City of corpus Christi,: Novell NDS to Microsoft Active Directory Appendix - Dell Training and Education Services Dell can be your trusted partner by offering training and education services for Dell products as well as other key technology areas. Training can be delivered through various options including: • Online; • Classroom- based; and • On -site courses Our training portfolio includes classes on storage (Deli /EMC, EqualLogic and Server); official Microsoft and VMware virtualization courses; and other key technology based offerings that can be customizable to meet your organization's unique environment and tailored specifically to the audience learning objectives. All instructor led courses can be customized such as adding more content, reducing class length, combing classes or focusing on only a couple of key concepts that are relevant to the student's daily duties. Visit the following links to view our most current offerings (standard and customized options): • Dell/EMC Training: www.LearnDell.com /storage • EqualLogic: www.LearnDell.com /eauallocic • Server: www.LearnDell.com /server • Client: www.LearnDell.com /client • Microsoft: www.LeamDell.comlmicrosoft • VMware: www .LearnDell.com /virtuaiization IT Professional and End User Instructor Led Training Private instructor led training can be customized to meet your needs. Class length depends upon the depth of topics desired to be covered in training. Live Distance Learning Live instructor training from the convenience of home or office delivered over remote connection such as Live Meeting or WebEx. Blended Training Integrate online and instructor led training to create an effective learning experience. Price: Dell can work with you to meet your budget needs. Job Aids A variety of customized or standardized job aids, quick reference cards and course materials can be provided. Ask your Dell account representative or Dell consultant to have a Dell training consultant work with you to design an optimal training plan for your team or email US Training at7dell.com. Dell training and certification services are not included in this SOW, and are available through a separate price quote, change order or separate SOW. Dell Nlarketing L.P. '.CONFIDENTIAL o!PUs 11rlsti, ,'. Novell NOS to Microsoft Active Directory Appendix - Training Recommendations - Microsoft To get the most benefit out of your technology investment, your staff must be fully skilled in the features and functions of the new tools. Training is best delivered in a structured way by certified instructors and curriculum. Knowledge transfer is an excellent way to support formal training but should not be seen as a substitute. Your team will get far more out of the knowledge transfer if they have a solid foundation to start from. Dell recommends that customers implementing Microsoft technologies purchase the Dell /Microsoft Technical On -Line Library for members of their IT staff. Dell also offers customized Instructor -Led training for your staff based on your particular implementation of the technology. Dell also has options for end user training as the technology is rolled out to the end - users. To customize a training solution for your organization, ask your Dell Account Representative or Dell Consultant to have a Dell Training Consultant work with you to design an optimal training plan. Microsoft Technical (IT Pro /Dev) and Information Worker Online Training Libraries Microsoft online training libraries combined with Live Tutor online chat allows your team to get the training they need when they need it and to get their questions answered quickly. Microsoft Technical Online Training Library with Live Tutor • Certified Live Tutor experts • $550 per person for 1 year unlimited access to all 600+ courses and Live Tutor • SKU:991 -9659 • Complete List of Courses The online courses provide a rich multimedia experience. Official Microsoft Learning hands -on labs are developed by industry - leading instructional designers who provide a safe, networked environment where learners can practice what they have learned without having to set up new software or change system settings. The online training library plus Live Tutor are available 24x7 for one year from invoice date. Also available for end users: Microsoft Information Worker Online Training Library with Live Tutor • $99 per person for 1 year unlimited access to all 130+ courses and Live Tutor • SKU: 991 -9669 • Complete List of Courses For more information on Dell's Microsoft training visit www.LearnDell.comlMicrosoft. NOTE: Dell Training and Certification Services detailed in this appendix are not included in this SOW, and are available through a separate price quote, change order or separate SOW. Dell Marketing L.P. CONFIDENTIAL age 15 17 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Date: May 10, 2011 A. A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPTA GRANT OF $777,964 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2010 HOME PROGRAM AND TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS FOR THE COSTA TARRAGONA II PROJECT. B. AN ORDINANCE APPROPRIATING A GRANT OF $777,964 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE NO. 9045 GRANT FUND FOR THE 2010 HOME PROGRAM FOR THE COSTA TARRAGONA II PROJECT; AND DECLARING AN EMERGENCY. ISSUE: A sub - recipient agreement for funds received from the FY2010 -11 -HOME Program requires City Council action and approval. PREVIOUS COUNCIL ACTION: On April 20, 2010, the City Council adopted the FY2010- 11 Consolidated Annual Action Plan (CAAP) for Community Planning and Development Programs that identified funding levels of: $5,053,793 for the CDBG Program, $1,905,515 for the HOME Program and $148,916 for the ESG Program, for a grand total of $7,108,224. The Costa Tarragona II is an approved HOME project. FUTURE COUNCIL ACTION: City Council action and approval of subrecipient agreements for the FY2010 -11 CDBG, ESG programs, and one remaining HOME project. REQUIRED COUNCIL ACTION: Approval of the resolution to accept and appropriate funds from the 2010 HOME program; and to execute all related and necessary documents relating to the Costa Tarragona II project. RECOMMENDATION: Approve the resolution to accept and appropriate funding as submitted. Eddie Ortega Neighborhood Services Director Ed d ieoCa, cctexas . co m 361.826.3234 ADDITIONAL SUPPORT MATERIAL Background Information rl BACKGROUND INFORMATION Staff released a Pre - Application form, a prerequisite for submitting a Request for Proposals (RFP) for the FY 2010 -11 CDBG, ESG and HOME programs, on January 4, 2010 with a submission deadline of January 22, 2010. This process allowed staff to preliminary review potential projects that were seeking federal funding. Additionally, the RFP was posted on the City's website to make information available to any interested parties interested in submitting an RFP; with a due date of February 26, 2010. On March 31, 2010, staff submitted the 2010 -11 Consolidated Annual Action Plan (CAAP) to the City Council; identifying all eligible proposed projects. A public hearing was held at the Antonio E. Garcia Education Center on February 11, 2010, and another public hearing was conducted by the City Council on April 13, 2010, regarding the FY2010 -11 CAAP which identified the CDBG, ESG and HOME programs and activities. Additionally, program income and reprogrammed funds were added to the FY2010 -11 CAAP to comprise a total available funding allocation of $7,108,224. On April 20, 2010 the City Council approved the FY 2010- 11 CAAP. The U.S. Department of Housing and Urban Development issued an approval of the FY2010 -11 CAAP to the City of Corpus Christi on August 24, 2010; however, access to approved funding for the FY2010 -11 CAAP was not made available until late November /early December 2010. Staff is requesting the approval of the resolution to accept and appropriate funds from the FY 2010 -11 HOME Program and to execute all related and necessary documents involving the Costa Tarragona II project. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $777,964 FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2010 HOME PROGRAM AND TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS FOR THE COSTA TARRAGONA II PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to accept a grant of $777,964 from the U. S. Department of Housing and Urban Development for the 2010 HOME Program and to execute all related and necessary documents for the Costa Tarragona II Project. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 25, 2011 Elizh R. Hundley Assistant City Attorney for the City Attorney Joe Adame Mayor EHres286 HOME Funding CT 11 Project 20910425 Page 1 of 2 -227- Corpus Christi, Texas day of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong EHres286 HOME Funding CT 11 Project 20110425 Page 2 of 2 -228- AN ORDINANCE APPROPRIATING A GRANT OF $777,964 FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE NO. 9045 GRANT FUND FOR THE 2010 HOME PROGRAM FOR THE COSTA TARRAGONA II PROJECT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant in the amount of $777,964 from the U. S. Department of Housing and Urban Development is appropriated in the No. 9045-Grant Fund for the 2010 HOME Program for the Costa Tarragona 11 project. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED: April 25, 2011 Eliza •l R. Hundley Assis . nt City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHord332 HOME Funding CT II Project 20110425 Page 1 of 2 —229 -- Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend. said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong EHord332 HOME Funding CT 11 Project 2019 0425 Page 2 of 2 —230— 18 DATE: TIME: PLACE: AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING Tuesday, May 10, 2011 During the meeting of the City Council beginning at 12:00 p.m. City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. CaII the meeting to order 2. Secretary Armando Chapa calls roll. Board of Directors Nelda Martinez, President Chris N. Adler, Vice President Joe Adame Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Mark Scott Officers General Manager, Vacant Armando Chapa, Secretary Mary Juarez, Asst. Secretary Treasurer, Vacant Constance P. Sanchez, Asst. Treasurer 3. Motion to appoint Ronald L. Olson as General Manager 4. Approval of the minutes of July 13, 2010 5. Approval of the financial report 6. Motion authorizing the General Manager or his designee to execute a FY201O Subrecipient funding agreement between the Corpus Christi Community Improvement Corporation and Costa Tarragona II for $777,964 from the HOME Investment Partnerships (HOME) Program and to execute all related and necessary documents. 7. Public Comment 8. Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION July 13, 2010 5:15 P.M. PRESENT Board of Directors Nelda Martinez, President Chris N. Adler, Vice President Joe Adame Brent Chesney Larry Elizondo, Sr. Priscilla Leal John E. Marez Mark Scott ABSENT Kevin Kieschnick Officers 'Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance Sanchez, Asst. Treasurer President Martinez called the meeting to order in the Council Chambers of City Hall at 5:15 p.m. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Martinez called for the approval of the minutes from the March 23, 2010 meeting. Mr. Chesney made a motion to approve the minutes as presented, seconded by Mr. Elizondo, and passed. President Martinez opened discussion on Item 4, the election of officers. Mr. Chesney made a motion to reappoint all existing officers, seconded by Mr. Marez, and passed. President Martinez called for the financial report. Assistant Treasurer Constance Sanchez referred to the summary of tan sactions for ten months ended May 31, 2010 and the fund balance was $18,326,967. The Board had no questions. A motion was made, seconded, and passed to approve the financial report as presented. President Martinez called for the General Manager's Annual Report. Eddie Ortega, Director of Neighborhood Services, stated the CCCIC was originally incorporated as a nonprofit corporation in 1976 as the Corpus Christi Housing Improvement Corporation and changed names in 1993. Also, the CCCIC not only handles the Community Development Block Grant (CDBG), but also HOME Investment Partnership funds. He also stated that the CCCIC will have provided over $40 million of funding to affordable housing projects. President Martinez opened discussion on Item 7, the appointment of CCCIC Loan Review Committee members. The following members were reappointed: David Cantu (Financial Institution), Barry Lobell (Community at Large and Maria C. Lopez (Health and Human Services). President Martinez called for public comment. Abel Alonzo, 1701 Thames #133, thanked the Board of Directors for a job well done for affordable housing. —234— Minutes — CCCIC meeting July 13, 2010 — page 2 There being no further business to come before the Board, President Martinez adjourned the meeting at 5:19 p.m. on July 13, 2010. —235— CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET March 31,2011 ASSETS Loan Program Special Project HOME Program Fund fund Fund Total Cash and investments 1,750,968 28 (140,917) 1,610,079 Due from U S Government/Other Fund 0 240,000 235,000 475,000 Mortgages receivable 10,064,100 0 5,736,425 15,800,525 Accrued interest receivable 0 0 0 0 Account receivable 0 0 0 0 Leasehold improvements (net of accumulated amortization) 0 0 0 0 Investment in property (net of accumulated depreciation) 113,855 21,047 0 134,902 Total assets 11,928,923 261,075 5,830,508 18,020,506 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 0 0 0 0 Deposits 59,285 0 0 59,285 Due to other funds 475,000 0 0 475,000 Total liabilities Fund Balance: 534,285 0 0 534,285 Reserved for mortgages 10,064,100 0 5,736,425 15,800,525 Reserved for Investments 113,855 21,047 0: 134,902 Unreserved 1,216,683 240,028 94,083 1,550,794 Total fund balance 11,394,638 261,075 5,830,508 17,486,221 Total liabilities and fund balance 11,928,923 261,075 5,830,508 18,020,506 -236- CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE EIGHT MONTHS ENDING MARCH 31, 2011 Revenues: Loan Program Special Project HOME Program Fund Fund Fund Total Contribution from Federal Government 0 0 234,751 234,751 Interest on loans 35,803 0 6,930 42,733 Interest on investments 406 1 22 429 Rental income 0 0 0 0 Miscellaneous 1,363 0 693 2,056 Total revenues 37,572 1 242,396 279,969 Expenditures: Grants 0 0 0 0 Warranty Work 0 0 0 0 Community Development administration 0 0 0 0 Loan processing 70,582 0 555,187 625,769 Accounting services 0 0 0 0 Interest expense 0 0 0 0 Miscellaneous 0 4,623 0 4,623 Accumulated amortization- 0 0 0 0 forgivable loans 0 0 0 0 leasehold improvements 0 0 0 0 Accumulated depreciation - building 5,048 0 0 5,048 Total expenditures 75,630 4,623 555,187. 635,440 Excess of revenues over expenditures (38,058) (4,622) (312,791) (355,471) Other financing sources(uses): Operating transfers in(out): Transfer From CDBG Transfer To CDBG Total other financing sources(uses) Excess (Deficit)of revenues and other financing sources over expenditures and other uses Fund balances at August 1, 2010 Fund balances at March 31, 2011 0 0 0 0 0 0 0 0 0 0 0 0 (38,058) (4,622) (312,791) (355,471) 11,432,696 265,697 6,143,299 17,841,692 11,394,638 261,075 5,830,508 17,486,221 -237- TO: Members of the Board of the Corpus Christi Community Improvement Corporation FROM: Margie C. Rose, Interim City Manager DATE: April 21, 2011 SUBJECT: Request for Annual Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) on May 10, 2011 I am requesting that a regular meeting of the Corpus Christi Community Improvement Corporation (CCCIC) be held during the Council meeting of May 10, 2011, to consider the following: Motion to appoint General Manager Since the last Board of Directors meeting, two staff positions have become vacant that typically serve as support for the CCCIC. The City Manager historically has served as the General Manager of this corporation, and the Assistant City Manager for Administrative Services has served as the Treasurer. In order to approve all of the necessary documents required for the operation of this organization, the position of General Manager needs to be filled by the new City Manager, Ronald L. Olson. At this time, the function of the Treasurer is being covered by the Assistant Treasurer, Constance P. Sanchez, so the filling of that vacancy could wait until the management team at the City is completed. Motion authorizing the General Manager or his designee to execute a FY2010 Subrecipient funding agreement between the Corpus Christi Community Improvement Corporation and Costa Tarragona li for $777,964 from the HOME investment Partnerships (HOME) Program and to execute all related and necessary documents. On April 20, 2010, the City Council adopted the FY2010 Consolidated Annual Action Plan (CAAP) for Community Planning and Development Programs that includes $5,053,793 for the CDBG Program, $1,905,515 for the HOME Program and $148,916 for the ESG Program, totaling $7,108,224. Subsequently, a subrecipient agreement for funds received from the FY2010 HOME program requires CCCIC action and approval with the following agency. FY2010 HOME FUNDING — FOR AFFORDABLE HOUSING PROGRAMS Costa Tarragona II — $777,964 for the new construction of a 96 -unit multifamily development located adjacent to Costa Tarragona 1 at the corner of IH 37 and IH 358. The development will be 100% affordable serving at 30 %, 50% and 60% of area median income. HOME LOAN AGREEMENT BETWEEN THE CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION AND COSTA TARRAGONA II, LTD. STATE OF TEXAS § COUNTY OF NUECES § This HOME LOAN AGREEMENT is hereby made and entered into by and between the Corpus Christi Community Improvement Corporation (hereinafter referred to as the "CCCIC "), a Texas nonprofit corporation, acting by and through its General Manager, and Costa Tarragona II, Ltd. (hereinafter referred to as "BORROWER "), a Texas limited partnership, acting by and through its General Partner, CCHFC Costa Tarragona II, LLC, a Texas limited liability company, acting by and through its sole member, Corpus Christi Housing Finance Corporation, a Texas corporation, acting by and through its General Manager, hereto duly authorized and hereinafter referred to as BORROWER's General Manager. WHEREAS, CCCIC, through the City of Corpus Christi, Texas (hereinafter referred to as "CITY "), has received certain funds from the U.S. Department of Housing and Urban Development ( "HUD ") under Title II of the National Affordable Housing Act of 1990, (P.L. 101 -625) (hereinafter referred to as "HOME ") for utilization in connection with its HOME Investment Partnerships Grant (hereinafter referred to as "HOME ") Program; and WHEREAS, the CCCIC, with the approval of the CITY's City Council, has adopted a budget for such funds and has included therein the expenditure of funds in the form of a loan (the "Loan") to BORROWER for the project entitled, "Villas of Costa Tarragona II" (hereinafter referred to as "Project "); and WHEREAS, the CCCIC is responsible for the administration and monitoring of the Project and all matters pertaining thereto; and WHEREAS, CCCIC wishes to make the Loan to BORROWER in connection with the BORROWER's development of the Project; and WHEREAS, as a part of said Project implementation and management by BORROWER, it is proposed that the Loan be made to BORROWER for, among other things, construction of certain improvements upon real property more particularly described in Exhibit "A" attached hereto, incorporated herein and made a part hereof for all purposes (such real property and any and all improvements along with any construction done or hereafter to be done referred to herein as the "Property "), such Loan to be secured by, among other things, liens and security interests (the "CCCIC Liens ") against the Property; NOW THEREFORE: 1 HOME Loan Agreement —239— The parties hereto severally and collectively agree, and by the execution hereof are bound, to the mutual obligations herein contained and to the performance and accomplishment of the tasks hereinafter described. I. DEFINITIONS 1.1 For purposes of this HOME LOAN AGREEMENT, in addition to the definitions and references set forth throughout this HOME LOAN AGREEMENT, the following terms shall have the meanings indicated: (A) "Business Day" — Every day of the week, except all Saturdays, Sundays and those scheduled holidays officially adopted and approved by the CITY's City Council for its employees. (B) "Environmental Law" — Any federal, state or local law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environmental conditions on, under or about the Property including, without limitation, (i) the Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments of 1984, as now or hereafter amended ( "RCRA ") (42 U.S.C. §6901, et. seq.); (ii) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, as now or hereafter amended ( "CERCLA ") (42 U.S.C. §9601, et. seq.); (iii) the Clean Water Act, as now or hereafter amended ( "CWA ") (33 U.S.C. §1251, et. seq.); (iv) the Toxic Substances Control Act, as now or hereafter amended ( "TSCA ") (15 U.S.C. §2601, et. seq.); (v) the Clean Air Act, as now or hereafter amended ( "CAA ") (42 U.S.C. §7401, et. seq.), Texas Solid Waste Disposal Act (V.T.C.A. Health and Safety Code §361.001, et. seq.) and the Texas Water Code (V.T.C.A. Water Code §26.001- 26.407); (vi) all regulations promulgated under any of the foregoing; (vii) any local, state or federal law, statute, regulation or ordinance analogous to any of the foregoing; and (viii) any other federal, state or local law (including any common law), statute, regulation or ordinance regulating, prohibiting or otherwise restricting the placement, discharge, release, threatened release, generation, treatment or disposal upon or into any environmental media of any substance, pollutant or waste which is now or hereafter classified or considered to be hazardous or toxic to human health or the environment. (C) "Environmental Report" — A report prepared by a reputable engineer or other party satisfactory to CCCIC, in its reasonable determination and/or discretion, and in such detail as CCCIC may require, indicating that no part of the Property is contaminated with Hazardous Materials or is subject to undue risk of contamination by Hazardous Materials. (D) "Governmental Authority" — Any and all courts, boards, agencies, commissions, offices or authorities of any nature whatsoever for any governmental unit (federal, 2 HOME Loan Agreement —240— state, county, district, municipal or otherwise), whether now or hereafter in existence, having jurisdiction over the applicable matter. (E) "Hazardous Materials" — Any flammables, explosives, radioactive materials, asbestos, petroleum products or other hazardous waste, including, without limitation, substances defined as "hazardous substances," "hazardous materials" or "toxic substances" in any Environmental Law; excluding however, standard prepackaged household items and supplies and materials necessary for the construction and operation of the Property. (F) "Legal Requirements" — (i) any and all present and future final non - appealable judicial decisions which have proper jurisdiction, statutes, rulings, rules, regulations, permits, certificates or ordinances of any Governmental Authority in any way applicable to BORROWER, any guarantor of the Project, the Loan, or the Property, including, without limitation, the ownership, use, construction, rehabilitation, development, occupancy, possession, operation, maintenance, alteration, repair or reconstruction thereof, (ii) any and all covenants, conditions and restrictions contained in any deed or other form of conveyance or in any other instrument of any nature that relate in any way or are applicable to the Property or the ownership, use, construction, occupancy, possession, operation, maintenance, alteration, repair or reconstruction thereof, (iii) BORROWER's or any Project or Loan guarantor's presently or subsequently effective bylaws and articles of incorporation or partnership, limited partnership, joint venture, trust or other form of business association agreement, (iv) any and all leases related to the Property or the Project, (v) other contracts, whether written, of any nature that relate in any way to the Property or the Project and to which BORROWER or any Loan or Project guarantor may be bound. (G) "Loan Documents" — (i) this HOME LOAN AGREEMENT, (ii) that certain "Real Estate Lien Note" (the "Note "), of even date herewith, signed by BORROWER, evidencing its obligation for payment to CCCIC in connection with the Loan, (iii) that certain "Third Lien Leasehold Deed of Trust" (the "Deed of Trust ") of even date herewith, signed by BORROWER and securing payment of the Note, (iv) that certain "Assignment of Leases and Rentals," of even date herewith, signed by BORROWER in connection with the Project, and (v) that certain "Declaration of Restrictive Covenant of Affordability," of even date herewith, signed by BORROWER in connection with the Project. (H) "Material" — (i) as to monetary matters, any amount in excess of $10,000.00 or (ii) as to all other matters, any fact or circumstance without which CCCIC, in its reasonable opinion, would not have made the Loan. (I) "Plans" — Any and all written contracts and agreements between the CCCIC - approved architect for the Project and BORROWER, together with the final plans, specifications, shop drawings and other technical descriptions prepared for the 3 HOME Loan Agreement —241— construction done in connection with the Project, and all amendments and modifications thereof. 11. TERM 2.1 Except as otherwise provided for pursuant to the provisions hereof, this HOME LOAN AGREEMENT shall commence immediately upon its execution and shall terminate at the end of the Note term. 2.2 Notwithstanding the provisions of paragraph 2.1 hereof, the completion date for construction work for the Project shall be no later than December 31, 2012. III. RESPONSIBILITIES 3.1 BORROWER hereby accepts responsibility for the performance, in a satisfactory and efficient manner as determined by CCCIC, in its reasonable determination and/or discretion, of all services and activities set forth in this HOME LOAN AGREEMENT. 3.2 Unless written notification by BORROWER to the contrary is received and approved by CCCIC, BORROWER's General Manager shall be BORROWER's designated representative responsible for the management of all contractual matters pertaining to this HOME LOAN AGREEMENT. 3.3 CCCIC, acting through staff designated by the General Manager, is responsible for the administration of this HOME LOAN AGREEMENT. 3.4 Communications between CCCIC and BORROWER shall be directed to the designated representatives of each as set forth in paragraphs numbered 3.2 and 3.3 hereinabove. IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS 4.1 BORROWER understands that funds provided to it pursuant to this HOME LOAN AGREEMENT are funds, which have been made available to CCCIC, through the CITY, by the federal government under the HOME Investment Partnership Program (Final Rule) and in accordance with CITY's HUD- approved Grant Application and with other specific assurances made and executed by CITY. BORROWER, therefore, assures and certifies that it will comply, in all material respects, with the requirements of the HOME Investment Partnership Program (Final Rule) and with all regulations promulgated thereunder, codified at Title 24 of the Code of Federal Regulations. BORROWER understands, however, that the HOME Investment Partnership Program (Final Rule) in no way is meant to constitute a complete compilation of all duties imposed upon BORROWER by law or administrative ruling, or to narrow the standards which BORROWER must follow. Accordingly, BORROWER understands that if, the regulations and issuances promulgated pursuant to the HOME Investment Partnership Program (Final Rule) are amended or revised, it shall comply with them or otherwise promptly notify CCCIC pursuant to the provisions of Article XLI of this HOME LOAN AGREEMENT. 4 HOME Loan Agreement —242— 4.2 BORROWER understands that summaries of certain compliance requirements mandated by applicable laws or regulations are available from the CCCIC, and that BORROWER must at all times remain in compliance therewith; BORROWER further understands that said summaries are intended only as such and in no way are meant to constitute a complete compilation of all duties imposed upon BORROWER by law or administrative ruling, or to narrow the standards which BORROWER must follow. 4.3 BORROWER assures that all contractor and subcontractors receiving funds in connection with this Project are familiar with, and shall comply with, any and all applicable federal and state laws, rules and regulations provisions mandating compliance with all applicable federal and state laws, rules, and regulations will be included as part of every contract awarded in connection with this Project. 4.4 BORROWER shall observe and comply with all Legal Requirements. V. BORROWER'S WARRANTIES AND REPRESENTATIONS 5.1 BORROWER hereby unconditionally warrants, represents, assures and guarantees unto CCCIC the following: (A) BORROWER possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this HOME LOAN AGREEMENT and the other Loan Documents and to perform the responsibilities herein required, and each such document constitutes a legal and binding obligation of, and is valid and enforceable against, BORROWER and the Property (as the case may be) in accordance with the terms thereof. (B) BORROWER represents, warrants, assures and guarantees that the individual executing this HOME LOAN AGREEMENT has full legal authority to execute this HOME LOAN AGREEMENT on behalf of BORROWER and to bind BORROWER to all terms, performances and provisions herein contained. (C) Any and all information, reports, papers and other data (including, without limitation, any and all balance sheets, statements of income or loss, reconciliation of surplus and financial data of any other kind) heretofore furnished or to be furnished CCCIC by or on behalf of BORROWER are, or when delivered will be, true and correct in all material respects; all financial data has been, or when delivered will have been, prepared in accordance with generally accepted accounting principles consistently applied, and filly and accurately present, or will present, the financial condition of the subjects thereof as of the dates thereof; and, with respect to the financial data heretofore furnished, no materially adverse change has occurred in the financial condition reflected therein, since the dates thereof. (D) Except as may be otherwise set forth on any exhibit attached hereto, there are no actions, suits or proceedings of a material nature pending or, to BORROWER's 5 HOME Loan Agreement —243— (E) knowledge, threatened against or affecting BORROWER, any Loan or Project guarantor or the Property, or involving the validity or enforceability of the Deed of Trust or the priority of the liens and security interests created therein; and no event has occurred (including specifically BORROWER's and all Loan and Project guarantors' execution of their respective security documents related to the Loan and BORROWER's consummation of the Loan) which will violate, be in conflict with, result in the breach of or constitute (with due notice, if applicable, or lapse of time, or both) a default under any Legal Requirement or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever on the Property other than the liens and security interests created by or expressly permitted under the Loan Documents. BORROWER has (or prior to commencement of the construction referred to herein will have) (i) received all requisite building permits and approvals in connection with the Project, (ii) filed and/or recorded all requisite plats and other instruments and (iii) complied or ensured the compliance with all Legal Requirements required to be met prior to commencement of construction work done in connection with the Project. (F) All streets, easements, utilities and related services necessary for the construction done in connection with the Project and the operation thereof for their intended purpose are (or within thirty days prior to completion of construction work done in connection with the Project, will be) available to the boundaries of the Property, including, without limitation, potable water, storm and sanitary sewer, gas, electric and telephone facilities and garbage removal. (G) The Property has not been the site of any activity that would violate any past or present Legal Requirement, including, without limitation, any Environmental Law. Specifically, without limitation, (i) no solid waste, as that term is defined in the Texas Solid Waste Disposal Act, and no petroleum or petroleum products have been handled on the Property such that they may have leaked or spilled on to the Property or contaminated the Property, (ii) there is no on -site contamination resulting from activities on the Property or adjacent tracts, (iii) there is no off -site contamination resulting from activities on the Property, (iv) the Property contains no Hazardous Materials and (v) there are no underground storage tanks located in, on or under the Property, and that CCCIC has obtained specific written assurance from the BORROWER to such effect. al) BORROWER has delivered to CCCIC duly executed documentation creating and lawfully establishing BORROWER including evidence of any required filing with the Secretary of State. 5.2 In the event that a dispute arises as to the legal authority to enter into this HOME LOAN AGREEMENT of either the BORROWER or the person signing on behalf of BORROWER, and same is not dismissed within ninety (90) days, CCCIC shall have the right, at its option, to either temporarily suspend or permanently terminate this HOME LOAN AGREEMENT. Should 6 HOME Loan Agreement —244— CCCIC permanently terminate this HOME LOAN AGREEMENT pursuant to this paragraph, however, BORROWER shall be liable to CCCIC for any money it has received from CCCIC for performance of any of the provisions hereof. VI. MAINTENANCE OF EFFORT 6.1 BORROWER agrees that the funds and resources provided to it under the terms of this HOME LOAN AGREEMENT shall in no way be substituted for funds and resources provided from other sources, nor shall such funds and resources in any way serve to reduce the funds, resources, services, or other benefits which would have been available to, or provided through, BORROWER had this HOME LOAN AGREEMENT not been executed. VII. PERFORMANCE BY BORROWER 7.1 BORROWER, in accordance and compliance with the terms, provisions and requirements of this HOME LOAN AGREEMENT, shall manage, perform and provide all of the activities and services required under this HOME LOAN AGREEMENT in connection with the Project to CCCIC 's satisfaction, in its reasonable determination and/or discretion. The funds available for utilization hereunder shall be expended only in accordance with the terms of this HOME LOAN AGREEMENT for the acquisition and construction of the Project. BORROWER shall submit a Project budget and construction schedule ( "Construction Schedule ") within thirty (30) days of the execution of this HOME LOAN AGREEMENT. VIII. DRAW REQUESTS 8.1 Provided no Event of Default (as defined in the Loan Documents) has occurred or remains uncured, the CCCIC will deliver up to $777,964.00 to the BORROWER be used by the BORROWER to construct the Project. IX. FURTHER REPRESENTATIONS, WARRANTIES AND COVENANTS 9.1 BORROWER further represents and warrants that: (A) All information, data or reports heretofore or hereafter provided to CCCIC is, shall be and shall remain complete and accurate in all material respects as of the date shown on the information, data or report, and that since said date shown, shall not have undergone any significant adverse change without prior, written notice to the CCCIC; (B) Any supporting financial statements heretofore or hereafter provided to CCCIC are, shall be and shall remain complete, and accurate in all material respects and fairly reflective of the financial condition of BORROWER on the date shown on said statements and during the period covered thereby, and that since said date shown, except as provided by written notice to CCCIC, there has been no material change, adverse or otherwise, in the financial condition of BORROWER; 7 HOME Loan Agreement -245-- (C) No litigation or proceedings are presently pending or threatened, to BORROWER's knowledge, against BORROWER; (D) None of the provisions contained herein contravene or in any way conflict with the authority under which BORROWER is doing business or to Borrower's knowledge with the provisions of any existing indenture or agreement of BORROWER; (E) (F) BORROWER has the legal authority to enter into this HOME LOAN AGREEMENT and accept payments hereunder, and has taken all necessary measures to authorize such execution of contract and acceptance of payments pursuant to the terms and conditions hereof; and None of the assets of BORROWER are currently and for the duration of this HOME LOAN AGREEMENT subject to any lien or encumbrance of any character, except for the other Liens (as such term is defined in the Deed of Trust) securing the obligations of Borrower, current taxes not delinquent and except as shown in the financial statements provided by BORROWER to CCCIC and except as described in the other Loan Documents. 9.2 Except as otherwise provided in the Deed of Trust's Permitted Exceptions executed by BORROWER and dated as of even date herein, and/or an Amended and Restated Agreement of Limited Partnership ( "the Partnership Agreement "), prior to and during the period of time that payment may be made hereunder and so long as any payments remain unliquidated, BORROWER covenants that it shall not, without the prior written consent of CCCIC's General Manager or his designate, such consent not to be unreasonably delayed, withheld or conditioned: (A) Further mortgage, pledge, or otherwise encumber or cause to be encumbered any of the assets of BORROWER now owned or hereafter acquired by it; (B) Except as otherwise allowed in the Loan Documents, permit any pre - existing mortgages, liens, or other encumbrances to remain on or attached to any of the assets of BORROWER which are allocated to the performance of this HOME LOAN AGREEMENT and with respect to which CCCIC has ownership hereunder; (C) Except as required by senior lenders, sell, assign, pledge, transfer or otherwise dispose of accounts receivable, notes or claims for money due or to become due; (D) Except as otherwise allowed in the Loan Documents, sell, convey, or lease all or any substantial part of its assets other than for residential use; or (E) Except as required pursuant to the Partnership Agreement and senior lenders, make any advance or loan to, or incur any liability as guarantor, surety or accommodation endorser for any other firm, person, entity or corporation. 8 HOME Loan Agreement —246— 9.3 Each of the foregoing representations, warranties and covenants shall be continuing and deemed repeated each time BORROWER submits a new request for payment in accordance with the terms, provisions and requirements of this HOME LOAN AGREEMENT. X. MAINTENANCE OF RECORDS 10.1 BORROWER agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of any funds received pursuant to this HOME LOAN AGREEMENT. BORROWER further agrees: (A) That maintenance of said records shall be in compliance with all terms, provisions and requirements of this HOME LOAN AGREEMENT and with all applicable federal and state regulations establishing standards for financial management; and (B) That BORROWER's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. 10.2 BORROWER agrees to retain, for the period of time and under the conditions specified by CCCIC, all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this HOME LOAN AGREEMENT. 10.3 BORROWER agrees to include the substance of this Article in all of its sub - contracts. 10.4 Nothing in this Article shall be construed to relieve BORROWER of: (A) Responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this HOME LOAN AGREEMENT; and (B) Fiscal accountability and liability pursuant to this HOME LOAN AGREEMENT and any Legal Requirements. XI. ACCESSIBILITY OF RECORDS 11.1 At any reasonable time and as often as CCCIC may deem necessary, BORROWER shall make all of its records available to CCCIC, HUD, or any of their authorized representatives, and shall permit CCCIC, HUD, or any of their authorized representatives to audit, examine, and make excerpts and/or copies of same. BORROWER's records shall include, but shall not be limited to, the following: payroll, personnel and employment records, contracts, and invoices. MI. PERFORMANCE RECORDS AND REPORTS 12.1 As often and in such form as CCCIC may reasonably require, BORROWER shall furnish CCCIC such performance records and reports as deemed by CCCIC as pertinent to matters covered by this HOME LOAN AGREEMENT. 9 HOME Loan Agreement —247— 12.2 At a minimum, monthly performance records and reports shall be submitted to CCCIC by BORROWER no later than the tenth (10th) calendar day of the month following. Records and reports shall be in accordance with the formats set forth by the CCCIC as required by federal regulation. 12.3 As of the commencement date of this HOME LOAN AGREEMENT, BORROWER agrees to gather, retain and make available to CCCIC information and data relative to all programmatic and financial reporting. Xffi. MONITORING AND EVALUATION 13.1 CCCIC shall perform on -site monitoring of BORROWER' s performance pursuant to the terms of this HOME LOAN AGREEMENT. 13.2 With reasonable notice to BORROWER, and in accordance with the leases affecting the Property, BORROWER agrees that CCCIC and HUD may, at CCCIC's and HUD's sole discretion, carry out monitoring and evaluation activities so as to ensure compliance by BORROWER with this HOME LOAN AGREEMENT, with the HOME regulations, with the program assurances and certifications executed by CCCIC, and with all other Legal Requirements. 13.3 BORROWER agrees to cooperate with CCCIC in the development, implementation and maintenance of record - keeping systems and to provide CCCIC with any data determined by CCCIC, in its reasonable determination and/or discretion, to be necessary for its effective fulfillment of its monitoring and evaluation responsibilities. 13.4 BORROWER agrees that it will cooperate with CCCIC and HUD in such a way so as not to obstruct or delay CCCIC or HUD in its monitoring of BORROWER's performance and that it will designate one of its staff to coordinate the monitoring process as requested by CCCIC and/or HUD staff. 13.5 After each official monitoring visit, CCCIC shall provide BORROWER with a written report of monitoring findings. 13.6 Copies of any fiscal, management, or audit reports by any of BORROWER's funding or regulatory bodies shall be submitted by BORROWER to CCCIC's General Manager or designate within five (5) business days of receipt thereof by BORROWER. XIV. BONDING AND INSURANCE 14.1 BORROWER shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for activities under this HOME LOAN AGREEMENT; provided, however, that the foregoing provision of this paragraph shall in no way be construed or deemed to limit or diminish the insurance requirements set forth in the other Loan Documents with which BORROWER must comply and maintain. 10 HOME Loan Agreement —248— 14.2 Upon signing this HOME LOAN AGREEMENT, and annually thereafter for the duration of the Note, in addition to any other requirements and obligations of BORROWER in the other Loan Documents, BORROWER shall provide CCCIC with: (1) proof of timely (i.e. before past due) payment in full of all taxes assessed against the Property, if any, and (2) reasonable evidence of BORROWER's current payment status on all loans in connection with the Property and the Project. 14.3 Premiums chargeable for any and all insurance referred to in this Article be paid by BORROWER, at its own expense, unless otherwise authorized in writing by CCCIC, and such insurance shall be kept in force during and throughout the term of this HOME LOAN AGREEMENT. Such insurance shall not be materially changed, canceled, terminated or otherwise allowed to expire unless ten (10) calendar days advance written notice to such effect is submitted to CCCIC, and it shall be the responsibility of BORROWER to ensure such submission. 14.4 In addition to BORROWER's obligation set forth in the other Loan Documents to provide CCCTC with Certificates of Insurance evidencing the above - required insurances prior to the commencement of this HOME LOAN AGREEMENT and thereafter, BORROWER must provide to CCCIC certificates evidencing renewals or replacements of the policies of said insurance at least ten (10) calendar days prior to the expiration or cancellation of any such policies. Additionally, BORROWER shall provide CCCIC evidence of the payment of all premiums therefor. 14.5 Actual losses not covered by insurance as required by this Article shall not be allowable costs under this HOME LOAN AGREEMENT, and shall therefore remain the sole responsibility of BORROWER. 14.6 Should BORROWER, either directly or indirectly, engage in any construction, rehabilitation, or renovation type activities utilizing funds provided pursuant to this HOME LOAN AGREEMENT, then the current and specific bonding and compliance provisions required at that time shall prevail. XV. INDEMNIFICATION 15.1 BORROWER covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS, the CCCIC and the elected officials, employees, officers, directors, volunteers, agents and representatives of the CCCIC (the "Indemnity'), individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and property damage, made upon the CCCIC, directly or indirectly arising out of resulting from or related to BORROWER's activities under this HOME LOAN AGREEMENT, including 11 HOME Loan Agreement —249— any acts or omissions of BORROWER, any agent, officer, director, representative, employee, consultant, contractor or subcontractor of BORROWER, and their respective officers, agents, employees, directors and representatives while in the exercise or performance of the rights or duties under this HOME LOAN AGREEMENT, all without, however, waiving any governmental immunity available to the CCCIC under Texas law and without waiving any defenses of the parties under Texas law. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LL4BILITY AND /OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF CCCIC, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS, AGENTS, AND REPRESENTATIVES OF CCCIC, UNDER THIS HOME LOAN AGREEMENT. The provisions of this INDEMNIFICATION are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. BORROWER shall promptly advise the CCCIC in writing of any claim or demand against the CCCIC or BORROWER known to BORROWER related to or arising out of BORROWER's activities under this HOME LOAN AGREEMENT and shall see to the investigation and defense of such claim or demand at BORROWER's cost. The CCCIC shall have the right, at its option and at its own expense, to participate in such defense without relieving BORROWER of any of its obligations under this paragraph. 15.2 It is the EXPRESS INTENT of the parties to this HOME LOAN AGREEMENT that the INDEMNITY provided for in this Article (Article XV) is an INDEMNITY extended by BORROWER to INDEMNIFY, PROTECT, and HOLD HARMLESS the CCCIC from the consequences of the CCCIC OWN NEGLIGENCE, provided however, that the INDEMNITY provided for in this Article SHALL APPLY only when the NEGLIGENT ACT of the CCCIC is a CONTRIBUTORY OR CONCURRENT CAUSE of the resultant injury, death, or damage, and shall have no application when the negligent act of the CCCIC is the sole cause of the resultant injury, death or damage. BORROWER further AGREES TO DEFEND, AT ITS OWN EXPENSE and ON BEHALF OF THE CCCIC AND IN THE NAME OF THE CCCIC, any claim or litigation brought against the CCCIC and its elected officials, employees, officers, directors, volunteers, agents, and representatives, in connection with any such injury, death, or damage for which this INDEMNITY shall apply, as set forth above. 12 HOME Loan Agreement -250- 15.3 It is expressly understood and agreed that BORROWER is and shall be deemed to be an independent contractor and operator responsible to all parties for its respective acts or omissions and that CCCIC shall in no way be responsible therefor. XVI. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION 16.1 BORROWER shall comply with all applicable local, state and federal equal employment opportunity and affirmative action rules, regulations and laws. 16.2 So that CCCIC and HUD can investigate compliance with local, state and federal equal employment opportunity and affirmative action rules, regulations and laws, BORROWER shall famish to CCCIC and HUD any and all information and reports requested by CCCIC or HUD, and shall permit access by CCCIC or HUD of any and all of its books, records and accounts. 16.3 In the event of non - compliance by BORROWER (or BORROWER'S subcontractors) with local, state and federal equal employment opportunity and affirmative action rules, regulations and laws, this HOME LOAN AGREEMENT may be canceled, terminated, or suspended by CCCIC, in whole or in part, and BORROWER may be barred from further contracts with CCCIC. XVII. NONDISCRIMINATION 17.1 BORROWER covenants that it, or its agents, employees or anyone under its control, will not discriminate against any individual or group on account of race, color, sex, age, religion, national origin, handicap or familial status, in employment practices or in the use of or admission to the Property, which said discrimination BORROWER acknowledges is prohibited. XVIII. CONFLICT OF INTEREST 18.1 BORROWER covenants that neither it nor any member of its governing body or of its staff presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this HOME LOAN AGREEMENT. BORROWER further covenants that in the performance of this HOME LOAN AGREEMENT, no persons having such interest shall be employed or appointed as a member of its governing body or of its staff. 18.2 BORROWER further covenants that no member of its governing body or of its staff shall possess any interest in, or use their position for, a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with which they have family, business, or other ties. 18.3 No member of CCCIC's governing body or of its staff who exercises any function or responsibility in the review or approval of the undertaking or carrying out of this HOME LOAN AGREEMENT shall: 13 HOME Loan Agreement —251— (A) Participate in any decision relating to this HOME LOAN AGREEMENT, which may affect his or her personal interest or the interest of any corporation, partnership, or association in which he or she has a direct or indirect interest; or (B) Have any direct or indirect interest in this HOME LOAN AGREEMENT or the proceeds thereof. XIX. NEPOTISM 19.1 BORROWER shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by BORROWER or who is a member of BORROWER's governing body. The term "member of immediate family" shall include: wife, husband, son, daughter, mother, father, brother, sister, in -law, aunt, uncle, cousin, nephew, niece, step- parent, step - child, half - brother and half- sister. XX. POLITICAL ACTIVITY 20.1 None of the performance rendered hereunder shall involve, and no portion of the funds received hereunder shall be used, either directly or indirectly, for any political activity including, but not limited to, an activity to further the election or defeat of any candidate for public office or for any activity undertaken to influence the passage, defeat or final content of local, state or federal legislation. XXI. SECTARIAN ACTIVITY 21.1 None of the performance rendered hereunder shall involve, and no portion of the funds received hereunder shall be used, directly or indirectly, for the construction, operation, maintenance or administration of any sectarian or religious facility or activity, nor shall said performance rendered or funds received be utilized so as to benefit, directly or indirectly, any such sectarian or religious facility or activity. XXII. PUBLICITY 22.1 When appropriate, as determined by and upon written approval of CCCIC, BORROWER shall publicize the activities conducted by BORROWER pursuant to the terms of this HOME LOAN AGREEMENT. In any news release, sign, brochure, or other advertising medium disseminating information prepared or distributed by or for BORROWER, however, mention shall be made of HUD funded CCCIC participation having made this Project possible. XXIII. PUBLICATIONS 23.1 All published materials and written reports submitted pursuant to this HOME LOAN AGREEMENT shall be originally developed unless otherwise specifically provided for herein. If material not originally developed is included in a report, however, said material shall have its source identified, either in the body of the report or by footnote, regardless of whether the material is in a verbatim or extensive paraphrase format. 14 HOME Loan Agreement —252— 23.2 All published materials submitted pursuant to this Project shall include the following reference on the front cover or title page: "This document was prepared in accordance with the City of Corpus Christi's HOME Investment Partnership Program, with funding received from the United States Department of Housing and Urban Development." XXIV. RIGHTS TO PROPOSAL AND CONTRACTUAL MATERIAL 24.1 All finished or unfinished reports, documents, data, studies, surveys, charts, drawings, maps, models, photographs, designs, plans, schedules, or other appended documentation to any proposal or contract, and any responses, inquiries, correspondence and related material submitted by BORROWER, shall, upon receipt, become the property of CCCIC. XXV. FUNDING APPLICATIONS 25.1 BORROWER agrees to notify CCCIC each time BORROWER is preparing or submitting any application for funding (other than as set forth in the Deed of Trust's Permitted Encumbrances and/or the Partnership Agreement). When so preparing or submitting such an application, the following procedures shall be adhered to by BORROWER: (A) When the funding application is in the planning stages, a description of the funds being applied for and of the proposed use for the funds shall be submitted by BORROWER to CCCIC ; (B) Upon award or notice of award, whichever is sooner, BORROWER shall notify CCCIC of the award or notice thereof, and of the effect, if any, of such funding on the funds and programs agreed to hereunder. Such notice shall be submitted by BORROWER to CCCIC, in writing, within ten (10) business days of receipt of the award or notice thereof, together with copies of the applicable budget, personnel complement, program description, and contract; and (C) Except pursuant to prior written consent of CCCIC, BORROWER shall not use, either directly or indirectly, resources provided hereunder to prepare applications for other federal, other public or private funds, nor shall said resources be used, directly or indirectly, as contributions. XXVI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS 26.1 BORROWER certifies, and the CCCIC relies thereon in execution of this HOME LOAN AGREEMENT, that neither BORROWER to its knowledge nor its Principals are presently debarred, suspended, proposed for debarment, or declared ineligible, or voluntarily excluded for 15 HOME Loan Agreement —253— the award, proposed for debarment, or declared ineligible, or voluntarily excluded for the award of contracts by any Federal governmental agency or department. 26.2 "Principals," for the purposes of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of subsidiary, division, or business segment, and similar positions). 26.3 BORROWER shall provide immediate written notice to CCCIC, in accordance with Article XLI, if, at any time during the term of this HOME LOAN AGREEMENT, including any renewals hereof, BORROWER learns that its certification was erroneous when made or has become erroneous by reason of changed circumstances. 26.4 BORROWER's certification is a material representation of fact upon which the CCCIC has relied in entering into this HOME LOAN AGREEMENT. Should CCCIC determine, at any time during this HOME LOAN AGREEMENT, including any renewals hereof, that this certification is false, or should it become false due to changed circumstances, the CCCIC may terminate this HOME LOAN AGREEMENT in accordance with Article XXXI Termination. XXVII. SUBCONTRACTING 27.1 Any other clause of this HOME LOAN AGREEMENT to the contrary notwithstanding, none of the work or services covered by this HOME LOAN AGREEMENT shall be subcontracted without the prior written approval of CCCIC. Any work or services approved for subcontracting hereunder, however, shall be subcontracted only by written contract or agreement and, unless specific waiver is granted in writing by CCCIC, shall be subject by its terms to each and every provision of this HOME LOAN AGREEMENT. Compliance by subcontractors with this HOME LOAN AGREEMENT shall be the responsibility of BORROWER. 27.2 BORROWER agrees that no sub - contract approved pursuant to this HOME LOAN AGREEMENT shall provide for payment on a "cost plus a percentage of cost" basis. 27.3 Despite CCCIC approval of a subcontract, CCCIC shall in no event be obligated to any third party, including any subcontractor of BORROWER, for performance of work or services, nor shall CCCIC funds ever be used for payment of work or services performed prior to the date of HOME LOAN AGREEMENT execution or extending beyond the date of HOME LOAN AGREEMENT expiration. XXVIII. CHANGES AND AMENDMENTS 28.1 Except when the terms of this HOME LOAN AGREEMENT expressly provide otherwise, any alterations, additions, or deletions to the terms hereof shall be by amendment in writing executed by authorized representatives of both CCCIC and BORROWER. 28.2 Whenever and as often as deemed necessary by CCCIC , CCCIC may request and require changes to BORROWER's Construction Schedule required under this HOME LOAN 16 HOME Loan Agreement —254— AGREEMENT (to be submitted in accordance with Article VII); such changes as requested or required by CCCIC, however, must be by written amendment hereto and may incorporate therein increases or decreases in the total monetary obligation of CCCIC to BORROWER as provided for pursuant to the terms, provisions and conditions of this HOME LOAN AGREEMENT. 28.3 Except pursuant to (a) prior submission by BORROWER of detailed information regarding budget and Project revisions and (b) prior written approval thereof by CCCIC, BORROWER shall neither make transfers between or among line items approved within the budget categories set forth in the Construction Schedule nor shall BORROWER alter, add to, or delete from the Construction Schedule. Instead, BORROWER shall request budget revisions in writing and in a form prescribed by CCCIC; such request for revisions, however, shall not increase the total monetary obligation of CCCIC as provided for pursuant to this HOME LOAN AGREEMENT, nor shall said revisions significantly change the nature, intent, or scope of the Project funded hereunder. 28.4 In the event that the level of funding for BORROWER or for the Project described herein is altered, BORROWER shall submit, immediately upon request by CCCIC, revised budget and Project information so as to enable re- evaluation by CCCIC of the original funding levels set forth in the Construction Schedule. 28.5 It is understood and agreed by the parties hereto that changes in Local, state and federal rules, regulations or laws applicable hereto may occur during the term of this HOME LOAN AGREEMENT and that any such changes shall be automatically incorporated into this HOME LOAN AGREEMENT without written amendment hereto, and shall become a part hereof as of the effective date of the rule, regulation or law. 28.6 BORROWER further agrees to notify CCCIC of any changes in personnel or governing board composition, such notice to be provided within five (5) business days of the change. XXIX. NOTICE AND CURE 29.1 Notwithstanding anything to the contrary set forth herein or in any of the other Loan Documents, where it is determined that BORROWER has failed to comply with any of the terms and/or conditions of this HOME LOAN AGREEMENT and/or any of the terms of any of the other Loan Documents, CCCIC shall notify BORROWER of such determination and shall grant BORROWER ten (10) days to complete corrective monetary violations or defaults and thirty (30) days to complete corrective non - monetary violations or defaults prior to enforcing any of it remedies set forth herein or in any of the other Loan Documents. Copies of all notices, requests, demands and other communications provided to BORROWER pursuant to this Agreement and the other Loan Documents by CCCIC will be simultaneously provided to Raymond James Tax Credit Funds, Inc. at the address described in paragraph 41.1. CCCIC acknowledges and agrees that Raymond James Tax Credit Funds, Inc. may cure, but is in no way obligated to cure, on behalf of BORROWER, all defaults under this Agreement and other Loan Documents within the applicable period provided. Notwithstanding the foregoing cure and remedy provision, BORROWER shall remain, at all times, liable for full compliance with all applicable federal HOME Program rules and regulations pertinent to the Project. 17 HOME Loan Agreement —255— XXX. SUSPENSION OF FUNDING 30.1 Upon reasonable determination by CCCIC of BORROWER's failure to timely and properly perform pursuant to the provisions of this HOME LOAN AGREEMENT beyond any applicable notice and cure period, or of any of the other Loan Documents beyond any applicable notice and cure period, CCCIC, without limiting or waiving any rights it may otherwise have, may, at its discretion, withhold any, all and further payments to BORROWER. 30.2 The period of funding suspension shall be of such duration as CCCIC deems appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. Upon expiration of the suspension period: (A) Should CCCIC determine that the default or deficiency has been cured, BORROWER may, at CCCIC's option, be restored to full compliance status and paid all eligible funds withheld during the suspension period; or (B) Should CCCIC determine continued non - compliance, the provisions of Article XXXI hereunder may be effectuated. XXXI. TERMINATION 31.1 "Termination" of this HOME LOAN AGREEMENT shall mean termination by expiration of the HOME LOAN AGREEMENT term or earlier termination pursuant to any of the provisions hereof. 31.2 CCCIC may terminate this HOME LOAN AGREEMENT for any of the following reasons: (A) Neglect or failure by BORROWER to perform or observe any of the terms, conditions, covenants or guarantees of 1) this HOME LOAN AGREEMENT, 2) any of the other Loan Documents, or 3) any other valid, written contract or amendment between CCCIC and BORROWER„ beyond any applicable notice and cure period; (B) Termination or reduction of funding of the Project by HUD; (C) Failure by BORROWER to timely cure any default or deficiency basis for suspension of funding hereunder within any applicable notice and cure period; (D) Finding by CCCIC that BORROWER: (1) is in such unsatisfactory financial condition as to endanger performance under this HOME LOAN AGREEMENT, including, but not limited to: 18 HOME Loan Agreement —256— (a) The apparent inability of BORROWER to meet its financial obligations; (b) Items that reflect detrimentally on the credit worthiness of BORROWER, including, but not limited to, liens, encumbrances, etc., on the assets of BORROWER; (2) has allocated inventory to this HOME LOAN AGREEMENT materially exceeding reasonable requirements; or (3) is delinquent, in the ordinary course of business, in the payment of taxes, if any, or in the payment of costs of performance of or related to this HOME LOAN AGREEMENT or the Project; (E) Appointment of a trustee, receiver or liquidator for all or a material part of BORROWER'S Property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against BORROWER, and the same is not dismissed within ninety (90) days; (F) The entry by a court of competent jurisdiction of a final order providing for the modification or alteration of the rights of BORROWER's creditors; (G) Inability by BORROWER to conform to changes in local, state and federal rules, regulations and laws as provided for in Article IV and in paragraph number 28.5 of this HOME LOAN AGREEMENT and all Legal Requirements; and (H) Violation by BORROWER of any rule, regulation or law to which BORROWER is bound or shall be bound under the terms of this HOME LOAN AGREEMENT, subject to any applicable notice, grace and cure periods. 31.3 BORROWER may terminate this HOME LOAN AGREEMENT for any of the following reasons: (A) Termination of outside funding upon which BORROWER depends for performance hereunder; BORROWER may opt, however, within the limitations of this HOME LOAN AGREEMENT and with the written approval of CCCIC, to seek an alternative funding source, provided that the termination of funding by the initial outside source was not occasioned by a breach of agreement as defined herein or as defined in a contract between BORROWER and the funding source in question; or (B) Upon the dissolution of the BORROWER organization, provided such dissolution was not occasioned by a breach of this HOME LOAN AGREEMENT. 31.4 Upon a decision to terminate by either CCCIC or BORROWER, written notice of such, and the effective date thereof, shall be immediately provided to the other party. 19 HOME Loan Agreement —257— 31.5 Upon receipt of notice to terminate, BORROWER shall cancel, withdraw, or otherwise terminate any and all outstanding orders and subcontracts which relate to the performance of this HOME LOAN AGREEMENT and the Project to the extent such obligations are funded under this HOME LOAN AGREEMENT. To this effect, CCCIC shall not be liable to BORROWER or BORROWER's creditors for any expense, encumbrances or obligations whatsoever incurred after the date of termination or which was not canceled, withdrawn or otherwise terminated by BORROWER in accordance with the provisions of this paragraph. 31.6 Upon receipt of notice to terminate, all finished or unfinished documents, data, studies, surveys, charts, drawings, maps, models, photographs, designs, plans, schedules, or other appended documentation to any proposal or contract, prepared by or on behalf of BORROWER under this HOME LOAN AGREEMENT shall, at the option of CCCIC, and in accordance with Article XXIV hereof, become the property of CCCIC and shall, if requested or agreed to by CCCIC, be delivered by BORROWER to CCCIC in a timely and expeditious manner. 31.7 Within thirty {30) calendar days after receipt of notice to terminate, BORROWER shall submit a statement to CCCIC, indicating in detail the services performed under this HOME LOAN AGREEMENT prior to the effective date of termination. 31.8 Any termination of this HOME LOAN AGREEMENT as herein provided shall not relieve BORROWER from the payment of any sium(s) that shall then be due and payable or become due and payable to CCCIC hereunder or as provided for at law or in equity, or any claim for damages then or theretofore accruing against BORROWER hereunder or by law or in equity, and any such termination shall not prevent CCCIC from enforcing the payment of any such sum(s) or claim for damages from BORROWER. Instead, all rights, options, and remedies of CCCIC contained in this HOME LOAN AGREEMENT shall be construed and held to be cumulative and no one of them shall be exclusive of the other, and CCCIC shall have the right to pursue any one or all of such remedies or any such other remedy or relief which may be provided by law or in equity whether or not stated in this HOME LOAN AGREEMENT. 31.9 Should this HOME LOAN AGREEMENT be terminated by either party hereto for any reason, if the work required hereunder of BORROWER is not fully completed to the reasonable satisfaction of CCCIC in accordance with the terms of this HOME LOAN AGREEMENT, BORROWER shall refund any and all sums of money paid by CCCIC to BORROWER within ten (10) business days of CCCIC's written request therefor. 31.10 Upon termination of this HOME LOAN AGREEMENT by CCCIC under paragraph number 31.2 {A) hereof, BORROWER shall be barred from future contracts with CCCIC absent the express written consent of the General Manager, or his designate, to contract with CCCIC. XXXII. NOTIFICATION OF ACTION BROUGHT 32.1 In the event that any material claim, demand, suit, proceeding, cause of action or other action {hereinafter collectively referred to as "claim ") is made or brought against BORROWER, BORROWER shall give written notice thereof to CCCIC within five {5) business days after itself 20 HOME Loan Agreement —258— being notified. BORROWER's notice to CCCIC shall state the date and hour of notification to BORROWER of the claim; the names and addresses of those instituting or threatening to institute the claim, the basis of the claim; and the name(s) of any others against whom the claim is being made or threatened. Written notice pursuant to this Article shall be delivered either personally or by mail in accordance with Article XLI of this HOME LOAN AGREEMENT. XXXIII. ASSIGNMENTS 33.1 Except as provided for in the Partnership Agreement, BORROWER shall not transfer, pledge or otherwise assign this HOME LOAN AGREEMENT, any interest in and to same, or any claim arising thereunder, without first procuring the written approval of CCCIC's General Manager. Any attempt at transfer, pledge or other assignment shall be void ab initio and shall confer no rights upon any third person. XXXIV. NO WAIVER OF PROVISIONS OR COMPLIANCE 34.1 Any failure by CCCIC to insist, or any election by CCCIC not to insist, upon the strict performance by BORROWER or any guarantor of the Project or the Loan, of any of the terms, provisions or conditions of the Loan Documents shall not be deemed to be a waiver of same or of any other term, provision or condition thereof, and CCCIC shall have the right at any time thereafter to insist upon strict performance by BORROWER of any and all of same. Additionally, no advance by CCCIC of any Loan proceeds shall in any way preclude CCCIC from thereafter declaring a failure by BORROWER to comply with any of the terms, provisions or conditions of the Loan Documents an event of default or, as applicable, a reason for termination in accordance with Article XXXI hereof. XXXV. SEVERABILITY OF PROVISIONS 35.1 If any clause or provision of this HOME LOAN AGREEMENT is held invalid, illegal or unenforceable under present or future federal, state or local laws, including but not limited to the CITY's City Charter, CITY's City Code, or ordinances of the City of Corpus Christi, Texas, then and in that event it is the intention of the parties hereto that such invalidity, illegality or unenforceability shall not affect any other clause or provision hereof and that the remainder of this HOME LOAN AGREEMENT shall be construed as if such invalid, illegal or unenforceable clause or provision was never contained herein; it is also the intention of the parties hereto that in lieu of each clause or provision of this HOME LOAN AGREEMENT that is invalid, illegal, or unenforceable, there be added as a part of the HOME LOAN AGREEMENT a clause or provision as similar in terms to such invalid, illegal or unenforceable clause or provision as may be possible, legal, valid and enforceable. XXXVI. RENEWAL NOT AUTOMATIC 36.1 Funding under this HOME LOAN AGREEMENT and any amendments or waivers that may be made or granted hereunder shall not be automatically renewed on the anniversary date of this HOME LOAN AGREEMENT. To the contrary, funding of any project requiring contract 21 HOME Loan Agreement —259— execution shall be achieved only pursuant to approval of the City Council of the City of Corpus Christi and the governing body of the CCCIC. XXXVII. NON - WAIVER OF PERFORMANCE 37.1 No waiver by CCCIC of a breach of any of the terms, conditions, covenants or guarantees of this HOME LOAN AGREEMENT shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, condition, covenant or guarantee herein contained. Further, any failure of CCCIC to insist in any one or more cases upon the strict performance of any of the covenants of this HOME LOAN AGREEMENT, or to exercise any option herein contained, shall in no event be construed as a waiver or relinquishment for the future of such covenant or option. In fact, no waiver, change, modification or discharge by either party hereto of any provision of this HOME LOAN AGREEMENT shall be deemed to have been made or shall be effective unless expressed in writing and signed by the party to be charged. 37.2 No act or omission of CCCIC shall in any manner impair or prejudice any right, power, privilege, or remedy available to CCCIC hereunder or by law or in equity, such rights, powers, privileges, or remedies to be always specifically preserved hereby. 37.3 No representative or agent of CCCIC may waive the effect of the provisions of this Article. XXXVHI. SPECIAL CONDITIONS 38.1 BORROWER sh.11 prepare accurate and complete monthly performance measures reports and submit to the CCCIC on or before the tenth (10th) day of each month, with each report reflecting the previous month. Each such report shall contain details of all inputs (i.e., resources) and outputs (i.e., utilization of resources) in conjunction with efficiency and effectiveness measures regarding the Project. The form of each report must meet the approval of CCCIC, and BORROWER agrees to make any and all changes to such form as may be recommended by CCCIC, as well as provide additional information in connection with such reports as may be requested by CCCIC. 38.2 BORROWER shall ensure that all professional and contractual services in connection with Project implementation shall be procured in accordance with 24 CFR 570, Part 85, The Common Rule, Procurement, Competitive Standards and all other federal laws and regulations applicable to the Project. 38.3 BORROWER understands and acknowledges that CCCIC shall not be liable for any cost, or portion thereof, which is or was incurred in connection with an activity of BORROWER where prior written authorization from CCCIC is required for the activity and such authorization was not first procured, or CCCIC has requested that BORROWER furnish data concerning an activity prior to proceeding further therewith and BORROWER nonetheless proceeds without first submitting the data and receiving approval thereof. 22 HOME Loan Agreement —260— 38.4 BORROWER shall forward to CCCIC for approval a completed copy of Homeownership Assistance/Rental Housing Project Setup Report (HUD form 40094) for the HOME Program Integrated Disbursement Information System (IDIS) for each activity under this HOME LOAN AGREEMENT, prior to initiating any activities and/or incurring any Project activity cost. 38.5 BORROWER understands and agrees that Davis -Bacon Wage and Hour Requirements shall apply to HOME- funded projects when, in accordance with 24 CFR 92.354, twelve (12) or more units are rehabilitated or newly constructed. BORROWER agrees to include said wage requirements in all bid advertisements and shall require same in all relevant third -party contracts, prior to the commencement of any construction activity. 38.6 BORROWER shall accurately complete a Project Completion Report (HUD form 40096) upon completion of each Project activity, and forward the original completed form to the CCCIC within thirty (30) business days after BORROWER's receipt of the final remittance of HOME LOAN AGREEMENT funds by CCCIC for such Project activity. BORROWER understands and acknowledges that new Project Set -up Reports will not be processed by CCCIC if there are any outstanding Project Completion Reports due. 38.7 BORROWER shall ensure that all units constructed with assistance made available to BORROWER by CCCIC under this HOME LOAN AGREEMENT shall comply with the provisions set forth in 24 CFR 92.251, Property Standards and shall comply with the CITY's City codes. 38.8 BORROWER shall complete all Site Specific Environmental Review Records for each property /parcel of this Project and submit such records to CCCIC. CCCIC must approve in writing such records prior to any Project activity cost being incurred. 38.9 To the greatest extent feasible, agreements for work to be performed in connection with this Project shall be awarded to business concerns including, but not limited to, individuals or firms doing business in the field of planning, consulting, design, architecture, building construction, rehabilitation, maintenance, or repair, that are located in or owned in substantial part by persons residing in the same metropolitan area or non - metropolitan county as this Project. 38.10 BORROWER understands and agrees that all HOME assisted units in the Project herein shall only be leased to and occupied by households that are eligible as low-income families, in accordance with HUD Section 8 Income Guidelines. 38.11 BORROWER shall determine whether the HOME assisted units in the Project herein shall be fixed or floating, and provide said information to CCCIC immediately upon its determination. BORROWER understands and agrees that time is of the essence in making said determination. 38.12 BORROWER understands and agrees that, pursuant to 24 CFR 92.252, its maximum or High rents for its HOME assisted affordable units in the Project herein shall be the lesser of: 23 HOME Loan Agreement —261— (A) The fair market rent for existing housing for comparable units in the area as established by HUD under 24 CFR 888.111; or (B) A rent that does not exceed thirty percent (30 %) of the adjusted income of a family whose annual income equals sixty -five percent (65 %) of the median income for the area, as determined by HUD, with adjustments for the number of bedrooms in the unit. 38.13 BORROWER shall, in accordance with all applicable HOME regulations, determine and utilize rent schedules and limits that ensure that the rent charged for TEN (10) of the Project units remains in compliance with the HOME regulations and standards during the period of affordability. Furthermore, BORROWER shall lease to qualified families not less than the minimum allowed percentage of Low and High rent HOME assisted affordable units required under the HOME regulations during the period of affordability. 38.14 BORROWER further understands and agrees that Low rent HOME assisted affordable units must meet one (1) of the following Low HOME rent requirements: (A) The rent shall not exceed thirty percent (30 %) of the annual income of a family whose income equals fifty percent (50 %) of the median income for the area, as determined by HUD, with adjustments for smaller and larger families; or (B) The rent shall not exceed thirty percent (30 %) of the family's adjusted monthly income. If the unit receives Federal or State project -based rental subsidy and the very low - income family pays, as a contribution toward rent, not more than thirty percent (30 %) of the family's adjusted income, then the maximum rent (i.e., tenant contribution plus project -based rental subsidy) is the rent allowable under the Federal or State project -based rental subsidy program. 38.15 BORROWER shall not discriminate against any certificate or voucher holder in accordance to 24 CFR Part 982, Section 8, Tenant Based Assistance: Unified Rule for Tenant - Based Assistance under the Section 8 Rental Certificate Program and the Section 8 Rental Voucher Program or to the holder of a comparable document evidencing participation in a HOME tenant -based rental assistance program. 38.16 BORROWER understands and agrees that HOME assisted units shall meet the affordability requirements for not less than twenty (20) years, commencing upon Project completion. 38.17 CCCIC shall provide BORROWER with information on updated HUD HOME rent limits so that rents may be adjusted (not to exceed the maximum HOME rent limits provided by HUD to CCCIC upon HUD's determination of fair market rents and median incomes) in accordance with this HOME LOAN AGREEMENT. BORROWER shall annually provide CCCIC with documentation on rents and occupancy of HOME assisted units to demonstrate compliance. 24 HOME Loan Agreement —262— 38.18 BORROWER understands and agrees that any increase in rents for HOME assisted units is subject to the provisions of outstanding leases, and in any event, BORROWER shall provide tenants of those units not less than thirty (30) days prior written notice before implementing any increase in rents. 38.19 BORROWER understands and agrees that the income of each tenant shall be determined initially in accordance with 24 CFR 92.203(a)(1)(i). BORROWER shall annually re- examine each tenant's annual income during the period of affordability in accordance with one of the options in 24 CFR 92.203. 38.20 BORROWER shall ensure that HOME assisted units continue to qualify as affordable housing despite a temporary noncompliance caused by increases in the incomes of existing tenants if actions satisfactory to CCCIC are being taken to ensure that all vacancies are filled in accordance with 24 CFR 92.252 until the noncompliance is corrected. 38.21 BORROWER shall ensure that tenants who no longer qualify as low - income families must pay, as rent, the lesser of the amount payable by the tenant under State or local law or thirty percent (30 %) of the family's adjusted income, except that tenants of HOME assisted units that have been allocated low- income housing tax credits by a housing credit agency pursuant to section 42 of the Internal Revenue Code of 1986 (26 U.S.C. 42) must pay rent governed by section 42. If BORROWER has designated the HOME units as floating pursuant to Section 38.11 herein, BORROWER shall not require tenants who no longer qualify as low - income to pay, as rent, an amount that exceeds the market rent for comparable, unassisted units in the neighborhood. 38.22 BORROWER shall submit to CCCIC a post - construction appraisal promptly upon completion of the Project. 38.23 BORROWER acknowledges, understands and agrees to comply with the following federal regulations as promulgated in Section 3 Clause of the Housing and Urban Development Act of 1968, as amended, if applicable: (A) The work to be performed under this HOME LOAN AGREEMENT is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low income persons, particularly persons who are recipients of HUD assistance for housing. (B) The parties to this HOME LOAN AGREEMENT agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this HOME LOAN AGREEMENT, the parties to this HOME LOAN AGREEMENT certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. 25 HOME Loan Agreement —263— (C) The BORROWER agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (D) BORROWER agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. BORROWER will not subcontract with any subcontractor where BORROWER has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (E) BORROWER will certify that any vacant employment positions, including training positions, that are filled (1) after contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent BORROWER's obligations under 24 CFR Part 135. (F) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this HOME LOAN AGREEMENT for default, and debarment or suspension from further HUD- assisted contracts. (G) With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self - Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this HOME LOAN AGREEMENT. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provision of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). XXXIX. ENTIRE - AGREEMENT 39.1 This HOME LOAN AGREEMENT, along with the other Loan Documents, constitutes the final and entire agreement between the parties hereto and contains all of the terms and conditions agreed upon. No other agreements, oral or otherwise, regarding the subject matter of 26 HOME Loan Agreement —264— this HOME LOAN AGREEMENT shall be deemed to exist or to bind the parties hereto unless same be in writing, dated subsequent to the date hereof, and duly executed by the parties. XL. INTERPRETATION 40.1 In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this HOME LOAN AGREEMENT or its governing rules, regulations, laws, codes or ordinances, CCCIC, as the party ultimately responsible to HUD for matters of compliance, shall have the final authority to render or secure an interpretation. XLI. NOTICES 41.1 All notices, demands, requests or other communications to be sent by one party to the other hereunder or required by law shall be in writing and shall be deemed to have been validly given or served by delivery of the same in person to the intended addressee, or by depositing the same with Federal Express or another reputable private courier service for next business day delivery to the intended addressee at its address set forth below or at such other address as may be designated by such party as herein provided, or by depositing the same in the United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed to the intended addressee at its address set forth below or at such other address as may be designated by such party as herein provided. All notices, demands and requests shall be effective upon such personal delivery, or one (1) business day after being deposited with the private courier service, or five (5) business days after being deposited in the United States registered or certified mail as required above. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given as herein required shall be deemed to be receipt of the notice, demand or request sent. Service of any notice required by Texas Property Code Section 51.002, as the same may be amended, shall be effective when the requirements to that statute are met. The following are the addresses of LENDER and BORROWER for all purposes in connection herewith: LENDER: Corpus Christi Community Improvement Corporation 1201 Leopard St. Corpus Christi, TX 78401 Attn: General Manager BORROWER: Costa Tarragona II, Ltd. c/o Corpus Christi Housing Finance Corporation 1201 Leopard St. Corpus Christi, TX 78401 Attn: General Manager 27 HOME Loan Agreement —265— With a copy to: Wood, Boykin & Wolter, P.C. 615 N. Upper Broadway, Suite 1100 Corpus Christi, Texas 78401 With a copy to: Raymond James Tax Credit Funds, Inc. 880 Carillion Parkway St. Petersburg, FL 33716 BORROWER'S MANAGEMENT COMPANY The NRP Group, LLC 5309 Transportation Blvd. Cleveland, OH 44125 Attn: Ted Einhorn And a copy to: Broad and Cassel 390 North Orange Ave., Suite 1400 Orlando, Florida 32801 Attn: David F. Leon, LLC And a copy to: The NRP Group, LLC 2819 South W.W. White Road San Antonio, Texas 78222 By giving to the other party hereto at least ten (10) days' prior, written notice thereof in accordance with the provisions hereof, the parties hereto shall have the right from time to time to change their respective addresses and each shall have the right to specify as its address any other address. XLII. PARTIES BOUND 42.1 This HOME LOAN AGREEMENT shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns, except as otherwise expressly provided herein. 28 HOME Loan Agreement —266— XLIII. GENDER 43.1 Words of gender used in this HOME LOAN AGREEMENT shall be held and construed to include the other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. XLIV. RELATIONSHIP OF PARTIES 44.1 Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint venturers or any other similar such relationship between the parties hereto. 44.2 It is expressly understood and agreed that BORROWER is and shall be deemed to be an independent contractor and operator responsible to all parties for its respective acts or omissions and that CCCIC shall in no way be responsible therefor. XLV. TEXAS LAW TO APPLY 45.1 THIS HOME LOAN AGREEMENT SHALL BE CONSTRUED UNDER AND 1N ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AND ALL OBLIGATIONS OF THE PARTIES CREATED HEREUNDER ARE PERFORMABLE IN NUECES COUNTY, TEXAS. XLVI. CAPTIONS 46.1 The captions contained in this HOME LOAN AGREEMENT are for convenience of reference only, and in no way limit or enlarge the terms and/or conditions of this HOME LOAN AGREEMENT. [SIGNATURE PAGE TO FOLLOW] 29 HOME Loan Agreement —267— EXECUTED this the day of , 2011. LENDER: ATTEST: CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION Armando Chapa Ronald L. Olson Secretary General Manager BORROWER: COSTA TARRAGONA 11, LTD., a Texas limited partnership By: CCHFC Costa Tarragona II, LLC, a Texas limited liability company, its general partner By: Corpus Christi Housing Finance Corporation, a Texas corporation, its sole member By: Ronald L. Olson, General Manager (ACKNOWLEDGMENT) STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of , 2011, by Ronald L. Olson, the General Manager of the Corpus Christi Housing Finance Corporation, a Texas housing finance corporation, the sole member of CCHFC Costa Tarragona II, LLC, a Texas limited liability company, acting as the general partner of Costa Tarragona II, Ltd., a Texas limited partnership, on behalf of the partnership. NOTARY PUBLIC, STATE OF TEXAS Attachments: Exhibit "A" — Property Description 30 HOME Loan Agreement —268— 4 EXHIBIT A PROPERTY DESCRIPTION Lot Three A (3A), Amending Plat of West Park Addition Lots 3A & 3B, an addition in the City of Corpus Christi, Texas, as shown by map or plat thereof recorded in Volume 67, Page 494, Map Records of Nueces County, Texas; SAVE AND EXCEPT a 0.009 -acre tract and a 0.006 -acre tract out of Lot 3, West Park Addition, conveyed to Corpus Christi Housing Finance Corporation, a Texas non - profit housing finance corporation, in Special Warranty Deed recorded under Clerk's File No. 2007061698, Official Public Records of Nueces County, Texas, more fully described by metes and bounds therein. 31 HOME Loan Agreement —269— 19 DATE: TIME: PLACE: AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION REGULAR MEETING Tuesday, May 10, 2011 During the meeting of the City Council beginning at 12 :00 p.m. City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. CaII meeting to order 2. Secretary Armando Chapa calls roll Board of Directors John E. Marez, President Kevin Kieschnick, Vice President Joe Adame Chris Adler Larry Elizondo, Sr. Priscilla Leal Nelda Martinez Mark Scott Officers [Vacant], General Manager Armando Chapa, Secretary Mary Juarez, Assistant Secretary [Vacant], Treasurer Constance P. Sanchez, Asst. Treasurer 3. Motion to appoint Ronald L. Olson as General Manager. 4. Approval of the minutes of October 19, 2010. 5. Approval of the financial report. 6. Resolution Authorizing the Execution of Documents in Connection With the Award of Low - Income Housing Tax Credits in the Amount of $1,333,459, Loan Funds in the Amount of $8,350,000 from Sterling Bank, HOME Funds in the Amount of $500,000 from the Texas Department of Housing & Community Affairs, HOME Funds in the Amount of $777,964 from the Corpus Christi Community Improvement Corporation, and Loan Funds in the Amount of $150,000 from Capital Area Housing Finance Corporation for the Costa Tarragona II Project; Authorizing the Execution of an Amended and Restated Agreement of Limited Partnership for Costa Tarragona II, Ltd. in Connection with the .Admission of an Affiliate of Raymond James Tax Credit Funds, Inc. as a Limited Partner; Authorizing the General Manager and the President, Vice President, and Secretary of the Corpus Christi Housing Finance Corporation to Take All Necessary Actions in Connection with the Development of the Costa Tarragona 11 Project 7. Public Comment 8. Adjournment -273- Corpo •Christi Hoysing Finance Cprporati00 tWonce Sheet Apra 30, 1611 Gwent assets: Cash in b-ank Advance,t0 Gsnerai Fund Total assets Motets LiabilitteS,and Fund Balance Fund Oalance: Uhd.esignated Total fund Wafts Total liabilltistandfuhd Wafts . t Corpus Christi Housing Finance Corporaticin Summary of Transactions For Nine Months Ended April 30, 2011 Fund balance, atAugust1 2010 -60,$01 Revenues: Interest 368 Application fees 600 Extention Fee 50 Developer Fee 10010 Milano fee 1,575 Total revenues 12,703 Expenditures: •Administrative COSfS 12,518 Total expenditures 12,518 Fund balance: at April Q 2011 606,576 . Memorandum TO: Members of the Board of the Corpus Christi Housing Finance Corporation FROM: Margie C. Rose, Interim City Manager DATE: April 27, 2011 SUBJECT: Request for Special Meeting of the Corpus Christi Housing Finance Corporation (CCHFC) on May 10, 2011 I am requesting that a meeting of the Corpus Christi Housing Finance Corporation (CCHFC) be held during the City Council meeting on May 10, 2011, to consider the following: Election to Fill Vacancies Since the last Board of Directors meeting, two staff positions have become vacant that typically serve as support for the CCHFC. The City Manager historically has served as the General Manager of these specialty financing corporations, and the Assistant City Manager for Administrative Services has served as the Treasurer. In order to approve all of the necessary documents required for the operation of this organization, the position of General Manager needs to be filled by the new City Manager, Ronald L. Olson, at this time. The functions of the Treasurer are being covered by the Assistant Treasurer, Constance P. Sanchez, so the filling of that vacancy could wait until the management team at the City is completed. Resolution Authorizing the Execution of Documents in Connection With the Award of Low - Income Housing Tax Credits in the Amount of $1,333,459, Loan Funds in the Amount of $8,350,000 from Sterling Bank, HOME Funds in the Amount of $500,000 from the Texas Department of Housing & Community Affairs, HOME Funds in the Amount of $777,964 from the Corpus Christi Community Improvement Corporation, and Loan Funds in the Amount of $150,000 from Capital Area Housing Finance Corporation for the Costa Tarragona 11 Project; Authorizing the Execution of an Amended and Restated Agreement of Limited Partnership for Costa Tarragona 11, Ltd. in Connection with the Admission of an Affiliate of Raymond James Tax Credit Funds, Inc. as a Limited Partner; Authorizing the General Manager and the President, Vice President, and Secretary of the Corpus Christi Housing Finance Corporation to Take All Necessary Actions in Connection with the Development of the Costa Tarragona 11 Project The Costa Tarragona II Project is the second phase of Costa Tarragona Apartments at 2240 N. Padre Island Drive, Corpus Christi, Texas 78408 (near the intersection of N. Padre Island Drive and IH -37). This second phase will add 96 units to the existing 250 units in the apartment project and will complete this development. From shortly after the time it was opened, the Costa Tarragona Apartments have been able to maintain near 100% occupancy with eligible low-to-moderate income tenants. —276— As previously reported, Costa Tarragona 11, Ltd., the proposed project owner, has been awarded $1,333,459 in low- income housing tax credits by the Texas Department of Housing and Community Affairs (TDHCA). In order to complete the financing of the project, an $8,350,000 interim construction loan has been obtained from Sterling Bank to be secured by a first lien on the property; $500,000 in HOME funds have been awarded by the Texas Department of Housing and Community Affairs ( TDHCA) to be secured by a second lien on the property; $777,964 in HOME Funds have been allocated by the Corpus Christi Community Improvement Corporation (CCCIC) to be secured by a third lien on the property; and a short -term loan of $150,000 will be obtained from the Capital Area Housing Finance Corporation (CAHFC). All of these different components are necessary to complete satisfaction of all of the eligibility requirements for the tax credits. This project is being structured 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 11, Ltd. to serve as the owner of the Project. A single- purpose limited liability company named CCHFC Costa Tarragona 11, 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 continues to serve as the management company. An affiliate of Raymond James Tax Credit Funds, Inc. will be the tax credit investor and provide equity as a limited partner upon completion of the Project. In order to fulfill the requirements of the funding commitments received from the TDHCA, Sterling Bank, CCCIC, CAHFC, and Raymond James Tax Credit Funds, Inc., the board of directors of the CCHFC needs to adopt the attached Resolution authorizing the General Manager and the President, Vice - President, and Secretary of CCHFC to execute all documents and handle all matters in connection with the development of the Costa Tarragona 11 Project. Closing is anticipated in mid -May, 2011. The Resolution also confirms the acceptance of the Sterling Bank loan funds, TDHCA HOME funds, CCCIC HOME funds, and CAHFC loan funds and authorizes the approval of an Amended and Restated Agreement of Limited Partnership for Costa Tarragona 11, Ltd. providing for matters related to the admission of an affiliate of Raymond James Tax Credit Funds, inc. as a limited partner. 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 11 limited partnership. Any loan or development guaranties required by lending institutions will 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 Authorizing the Execution of Documents in Connection With the Award of Low - Income Housing Tax Credits in the Amount of $1,333,459, Loan Funds in the Amount of $8,350,000 from Sterling Bank, HOME Funds in the Amount of $500,000 from the Texas Department of Housing & Community Affairs, HOME Funds in the Amount of $777,964 from the Corpus Christi Community Improvement Corporation, and Loan Funds in the Amount of $150,000 from Capital Area Housing Finance Corporation for the Costa Tarragona II Project; Authorizing the Execution of an Amended and Restated Agreement of Limited Partnership for Costa Tarragona II, Ltd. in Connection with the Admission of an Affiliate of Raymond James Tax Credit Funds, Inc. as a Limited Partner; Authorizing the General Manager and the President, Vice President, and Secretary of the Corpus Christi Housing Finance Corporation to Take All Necessary Actions in Connection with the Development of the Costa Tarragona H Project 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); $8,350,000 in funding from Sterling Bank; $777,964 in HOME Funds from the Corpus Christi Community Improvement Corporation (CCCIC); and $150,000 in funding from the Capital Area Housing Finance Corporation (CAHFC) in connection with the development of the second phase of the Costa Tarragona Apartments at 2240 N. Padre Island Drive, Corpus Christi, Texas 78408 (the "Costa Tarragona II Project "); 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 must execute all documents with TDHCA, Sterling Bank, CCCIC, CAHFC and an affiliate of Raymond James Tax Credit Funds, Inc. ( "RJTCF ") in connection with the Costa Tarragona II project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: Section 1. TDCHA Low - Income Housing Tax Credits. The Corporation, acting 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, authorizes the acceptance of approximately $1,333,459.00 in low- income housing tax credits from the Texas Department of Housing and Community Affairs for the Costa Tarragona II Project. Further, the authorized representatives of the Corporation are authorized to execute all documents and handle all matters in connection with the low - income housing tax credits for the Costa Tarragona II Project. Section 2. Sterling Bank Loan Documents. The Corporation, acting 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, authorizes the acceptance of the loan from Sterling Bank in the amount of $8,350,000 (the "Sterling Bank —278— Loan ") secured by a first lien on the Costa Tarragona II Project. Further, the authorized representatives of the Corporation are authorized to execute all documents and handle all matters in connection with the Sterling Bank Loan for the Costa Tarragona II Project. Section 3. TDHCA HOME Loan Documents. The Corporation, acting 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, authorizes the acceptance of the loan from TDHCA in the amount of $500,000.00 (the "TDHCA HOME Loan ") secured by a second lien on the Costa Tarragona II Project. Further, the authorized representatives of the Corporation are authorized to execute all documents and handle all matters with TDHCA in connection with the TDHCA HOME Loan for the Costa Tarragona II Project. Section 4. CCCIC HOME Loan Documents. The Corporation, acting 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 Iimited partnership, authorizes the acceptance of the loan from CCCIC in the amount of $777,964.00 (the "CCCIC Loan ") secured by a third lien on the Costa Tarragona II Project. Further, the authorized representatives of the Corporation are authorized to execute all documents and handle all matters with CCCIC in connection with the CCCIC Loan for the Costa Tarragona II Project. Section 5. CAHFC Loan Documents. The Corporation, acting 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, authorizes the acceptance of the loan from CAHFC in the amount of $150,000.00 (the " CAHFC Loan") secured by a cash collateral account. Further, the authorized representatives of the Corporation are authorized to execute all documents and handle all matters with CAHFC in connection with the CAHFC Loan for the Costa Tarragona II Project. Section 6. RJTCF Documents. The Corporation, acting as the sole member of CCHFC Costa Tarragona II, LLC, a Texas limited liability company, approves the Amended and Restated Agreement of Limited Partnership required in connection with the admission of an affiliate of RJTCF as a limited partner, and the authorized representatives of the Corporation are authorized to execute the Amended and Restated Agreement of Limited Partnership, together with all other documents related to the low- income housing tax credits, and handle all other matters with RJTCF in connection with the Costa Tarragona II Project. Section 7. 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, the Sterling Bank Loan, the TDHCA HOME Loan, the CCCIC Loan, the CAHFC Loan, and the RJTCF documents 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. (EXECUTION PAGE FOLLOWS) —279— DULY PASSED AND ADOPTED this th day of May, 2011. ATTEST: CORPUS CHRISTI HOUSING FINANCE CORPORATION Armando Chapa, Secretary John E. Marez, President MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION MEETING October 19, 2010 2:37 p.m. PRESENT Board of Directors John Marez, President Kevin Kieschnick, Vice President Chris N. Adler Brent Chesney Larry Elizondo, Sr. Priscilla Leal Nelda Martinez Mark Scott ABSENT Joe Adame Officers Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer President Marez called the meeting to order in the Council Chambers of City Hall at 2:37 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 July 13, 2010 meeting. Ms. Martinez made a motion to approve the minutes as presented, seconded by Ms. Adler, and passed. President Marez called for the financial report. Assistant Treasurer Constance Sanchez stated that the fund balance was $617,673 for two months ended September 30, 2010. There were no questions regarding the report. A motion was made, seconded, and passed to approve the financial report as presented. President Marez opened discussion on Item 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 and Community Affairs for the Costa Tarragona II Project and related matters. John Bell, Attorney for Corporation, submitted a new resolution and also, amended the closing date to June 30, 2011. He stated that the City Attorney's office stated there will be a $777,000 HOME loan that is going to be approved by the City of Corpus Christi acting through the Corpus Christi Community Improvement Corporation and in order to save time this has been added on and can be accepted once it has been approved. He stated this is to complete the Costa Tarragona II project by adding 96 units. Mr. Bell introduced Deborah Guerrero from NRP Holdings, LLC. Ms. Guerrero gave a brief update of Costa Tarragona 1. She stated that Costa Tarragona II will also be competitive and will be adjacent to Costa Tarragona L Mr. Kieschnick stated the facility is incredible and is appreciative of NRP's help. Ms. Martinez made a motion to substitute the resolution and amending the date to June 30, 2011 on the third paragraph, seconded by Mr. Kieschnick, and passed. President Marez asked for —281— Minutes — CCHFC October 19, 2010 — Page 2 public comment on this item. Abel Alonzo, 1733 Thames, stated he applauded the persons responsible for the affordable housing and also the Corporation for their support. 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 DEPARMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE COSTA TARRAGONA II PROJECT AND RELATED MATTERS. The foregoing resolution was passed and approved with the following vote: Marez, Kieschnick, Chesney, Elizondo, Adler, Leal and Martinez voting "Aye"; Scott abstained; and Adame absent. 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 2:48 p.m. on October 19, 2010. -282- -284-