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Agenda Packet City Council - 10/18/2011
i ) `-� EINEM MOM 11:45 A.M. - Proclamation declaring October 20, 2011 as "International Credit Union Day" Proclamation declaring October 21, 2011 as "Employment Alliance for People with Disabilities Day" Proclamation declaring October 23, 2011 as "Texas Paralegal Day" Proclamation declaring October 23 -29, 2011 as "No Bullying Week" Proclamation declaring October 23 -29, 2011 as "2011 YWCA Week Without Violence" Swearing -in Ceremony of newly selected Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 OCTOBER 18, 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 listed desea dirigirse al Concilio y cree que su ingles es limitedo, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Rabbi Kenneth D. Roseman, Congregation Beth Israel, C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Priscilla Leal Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick David Loeb John Marez Nelda Martinez Mark Scott City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting October 18, 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 October 11, 2011 and Council Retreat of August 16, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment #2) 2. Corpus Christi Regional Transportation Authority * Landmark Commission G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual . consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. Service Agreement for Lead -based Paint Testing, Cleaning and Clearance Services. Motion approving a service agreement with All Points Environmental, LLC, of Corpus Christi, Texas for lead -based paint testing, cleaning and clearance services in accordance Agenda Regular Council Meeting October 18, 2011 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) with Bid Invitation No. BI- 0093 -11, based on best value for an estimated annual expenditure of $202,565. The term of the service agreement will be for twelve months with an option to extend the agreement for up to two additional twelve -month periods, subject to the approval of the contractor and the City Manager or designee. (Attachment # 3) 4. Acceptance of Internet Crimes Against Children Task Force grant and appropriation of funds. a. Motion authorizing the City Manager or designee to accept a grant in the amount of $20,000 from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program to continue the ICAC program within the Police Department and to execute all related documents. (Attachment # 4) b. Ordinance appropriating $20,000 from the Office of the Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program to continue the 1CAC program within the Police Department in the No. 1061 Police Grants Fund. (Attachment # 4) 5. Acceptance of the Coastal Bend Regional Intelligence Fusion Center grant and appropriation of funds. a. Motion authorizing the City Manager or designee to accept a grant in the amount of $59,914 from the State of Texas, Office of the Governor, Criminal Justice Division to establish a Regional Fusion Center grant within the Police Department and to execute all related documents. (Attachment # 5) b. Ordinance appropriating $59,914 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1061 Police Grants Fund to establish a Regional Fusion Center within the Police Department. (Attachment it 5) 6. Acceptance of Child Sexual Predator Program grant and appropriation of funds. a. Motion authorizing the City Manager or designee to accept a grant in the amount of $500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding available under the 2011 COPS Child Agenda Regular Council Meeting October 18, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Sexual Predator Program with a city in -kind contribution of $10,000 to be used to reduce child endangerment and to execute all related documents. (Attachment # 6) b. Ordinance appropriating $500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding available under the 2011 COPS Child Sexual Predator Program with a city in -kind contribution of $10,000 in No. 1061 Police Grants Fund to be used to reduce child endangerment. (Attachment # 6) 7. Acceptance of Violence Against Women Act grant and appropriation of funds. a. Motion authorizing the City Manager or designee to accept a grant in the amount of $94,705.63 from the State of Texas, Criminal Justice Division to continue the Violence Against Women Act (VAWA) grant within the Police Department for Year 12 with a city cash match of $47,165.44, in -kind match of $7,200 for a total project cost of $149,071.07 and to execute all related documents. (Attachment # 7) b. Ordinance appropriating $94,705.63 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Violence Against Women Act (VAWA) fund, transferring $47,165.44 from the No. 1020 Cash contributions to grants and appropriating it in the No. 1061 Police Grants Fund as grant matching funds. (Attachment # 7) 8. Acceptance of Selective Traffic Enforcement Project grant and appropriation of funds. a. Motion authorizing the City Manager or designee to accept grant funding in the amount of $90,206.50 from the Texas Department of Transportation (TxDOT) for the Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime Driving While Intoxicated (DWI) and Speed enforcement with a City match of $94,047.10 and to execute all related documents. (Attachment # 8) b. Ordinance appropriating $90,206.50 from the Texas Department of Transportation ( TxDOT) for funding for the Agenda Regular Council Meeting October 18, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Comprehensive Selective Traffic Enforcement Project (STEP) -in the No. 1061 Police Grants Fund. (Attachment # 8) 9. Approval of General Land Office lease for property including Billings & Clem's boat ramps and parking lot project. Resolution authorizing the City Manager to execute GLO surface lease No. SL20110014 (TXDOT lease No. L16 -178- 356) and the related memorandum of GLO surface lease for an approximate 2.2 acre tract in the right -of -way of Park Road 22 (Clem's & Billings boat ramps parking lot). (Attachment # 9) 10. Approval of execution of future FAA Memoranda of Agreement associated with Airport Runway Safety Project. Resolution authorizing the City Manager or designee to negotiate and execute Memoranda of Agreement with the Federal Aviation Administration for various FAA technical services associated with Runway Safety Project at Corpus Christi International Airport, in total amount not to exceed $650,000 to be paid from funds awarded under Federal Aviation Administration Grant No. 3 -48 -0051 - 047 -2011. (Attachment # 10) 11. Second Reading Ordinance - Repealing Section 23 -23, Chapter 23, Code of Ordinances, relating to a fee paid by cosmetology license applicants. (First Reading — 10/11/11) (Attachment # 11) 12. Appropriation of Passenger Facility Charge funds for Airport Project Debt Service Payments. Second Reading Ordinance - Appropriating $1,393,692 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring $971,742 into the Airport 2000A Debt Service Fund No. 4640 and $421,950 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the FY2011 -2012 Capital Budget adopted by Ordinance No. 029135 to increase appropriations by $1,393,692. (First Reading -- 10/11/11) (Attachment # 12) I. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions Agenda Regular Council Meeting October 18, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City. Council specifically expects to go into executive session an 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. * Executive Session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, and duties of Municipal Court Judge with possible discussion and action in open session. * Executive session pursuant to 551.071 of the Texas Government Code to consult with attorneys regarding Cause. No. 2011 DCV- 5073 -C styled Ex Parte City of Corpus Christi, Texas presently pending in the 94th District Court of Nueces County, Texas, with possible discussion and action in open session. J. PUBLIC HEARINGS: TAXATION OF GOODS IN TRANSIT: 13. Public Hearing and Second Reading Ordinance - Providing for continuation of taxation of goods in transit in tax years beginning on or after January 1, 2012 in accordance with Texas Tax Code Section 11 .253. (First Reading — 10/11/11) (Attachment # 13) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 14. Approval of 2011 Property Tax Lew. Motion approving the 2011 Property Tax Levy of $79,226,309.03 based on the adopted property tax rate of $0,570557 per $100 valuation, in accordance with Section 26.09(e) of the Texas Property Tax Code. (Attachment # 14) 15. Second Reading Ordinance — Authorizing the City Manager to execute a temporary raw water sales contract with Formosa Plastics Corporation, Texas. (First Reading — 10/11/11) (Attachment # 15) Agenda Regular Council Meeting October 18, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 16. Appropriation of funds and award of construction contract for Yorktown Boulevard Landscaping improvements. a. Ordinance appropriating $814,025.66 of anticipated revenues from the Texas Department of Transportation in Fund No. 3530 for the Yorktown Boulevard from Staples to Cimarron Landscaping Improvements; changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $814,025.66. (BOND 2008) (Attachment # 16) b. Motion authorizing the City Manager or designee to execute a construction contract with Barcom Commercial of Corpus Christi, Texas, in the amount of $1,017,532.07 for Yorktown Boulevard from Staples to Cimarron Landscaping Improvements for the Base Bid. (BOND 2008) (Attachment # 16) 17. Award of Construction contract for Resaca Lift Station Upgrade. Motion authorizing the City Manager or designee to execute a construction contract with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $1,891,600 for Resaca Lift Station Upgrade 2009 for the Base Bid. (Attachment # 17) 18. Award of construction contract for Corpus Christi Beach Promenade northward extension. Motion authorizing the City Manager or designee to execute a construction contract with Blue Bay Construction of Houston, Texas in the amount of $348,910.95 for the Corpus Christi Beach Promenade Northward Extension for the Base Bid plus Additive Alternate No. 2. (BOND 2008) (Attachment # 18) L. FIRST READING ORDINANCES: 19. Code Amendment to adjust fees for taps and connections to the Construction Cost Index. First Reading Ordinance — Amending the Code of Ordinances, City of Corpus Christi Chapter 14 "Development Services," Article XIII "Development Service Fees," by revising the heading and references at Division 4 and at Section 14 -1341 from "Platting Ordinance Fees," to "Unified Development Code Fees "; by revising certain fees and charges at Section 14 -1 341; by revising certain fees and charges at Chapter 55 "Utilities," Agenda Regular Council Meeting October 18, 2011 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Article V "Taps and Connections," Section 55 -70 "Adoption of Rules, Regulations and Water and Gas Fees "; and by revising certain fees and charges at Section 55 -71 "Sewer Tapping Fees "; providing for publication. (Attachment # 19) 20. Code Amendment regarding Storm Water Quality Management Plans. First Reading Ordinance — Amending the Article X, Chapter 14, Code of Ordinances, City of Corpus Christi, regarding storm water quality management plans, pollution control plans, pollution control measures, and small construction site notices; providing for penalties; and providing for publication. (Attachment # 20) M. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL: These items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. FUTURE AGENDA ITEMS: 21. Award of Service Agreement for inspection, cleaning and repair of firefighting gear. Motion approving a service agreement with Gear Cleaning Solutions, LLC of Dallas, Texas for Inspection, Cleaning and Repair of Bunker Gear in accordance with Bid Invitation No. BI- 0164 -11, based on low bid for an estimated annual expenditure of $81,164. The term of the service agreement will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Fire Department in FY 2011 -2012. (Attachment # 21) 22. Award of Service Agreement for street sweeping services. Motion approving a service agreement with Sweeping Services of Texas — Operating, LP of Grand Prairie, Texas for street sweeping services in accordance with Bid Invitation No. BI- 0013-12, based on lowest responsive bid, for an estimated two - year expenditure of $787,054, of which $295,145.25 is budgeted for FY 2011 -2012. The term of the agreement shall be for twenty -four months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or designee. The service will be administered by the Storm Water Department. (Attachment # 22) Agenda Regular Council Meeting October 18, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 23. Appropriation of funds and agreement between Type A Board and Del Mar College to support Procurement Technical Assistance Center. a. Ordinance appropriating $37,500 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 Small Business Projects to Del Mar College for the Procurement Technical Assistance Center; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $37,500. (Attachment # 23) b. Resolution approving the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Board ") and Del Mar College, which provides a grant of $37,500 for support of the Procurement Technical Assistance Center ( "PTAC "); and authorizing the City Manager or designee to execute the Small Business Incentives Project Service Agreement with the Type A Board for the implementation and administration of the Small Business Incentives agreement. (Attachment # 23) 24. Adoption of the Timetable for FY2012 Consolidated Annual Action Plan. a. Motion adopting the timetable for the FY2012 Consolidated Annual Action Plan (CAAP) that is the planning and application process for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG) (formerly Emergency Shelter Grant), and HOME Investment Partnerships Program (HOME). (Attachment # 24) b. Motion reaffirming City Council No. 9 which consists of Community Development Block Grant and HOME Investment Partnerships Program objectives and guidelines. (Attachment # 24) 25. Submission of Continuum of Care grant application to U.S. Department of Housing and Urban Development. Resolution authorizing the City Manager or designee to submit a grant application to the U. S. Department of Housing and Urban Development in an amount not to exceed $1,452,183 for the Agenda Regular Council Meeting October 18, 2011 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) "Home 2011" Continuum of Care Homeless Assistance Grant and to execute all related documents. (Attachment # 25) - 26. Acceptance of 2010 Community Development Block Grant Program grant and appropriation of funds for Avance, Inc. program. a. Resolution ratifying acceptance by the City Manager or designee of a grant from the U. S. Department of Housing and Urban Development for the 2010 Community Development Block Grant Program in the amount of $175,828 and authorizing the execution of all documents necessary for the Avance, Inc., project. (Attachment # 26) b. Ordinance appropriating a grant of $175,828 from the U. S. Department of Housing and Urban Development in the No. 1059 Grant Fund for the 2010 Community Development Block Grant Program for the Avance, Inc., project. (Attachment # 26) 27. Award of Job Order Construction Contract for Joe Garza Recreation Center Re -roof. Motion authorizing the City Manager, or designee, to execute a Job Order Construction Contract with Haeber Roofing of Corpus Christi, Texas in the amount of $138,172.27 for Joe Garza Recreation Center Re -Roof, (Attachment # 27) 28. Submission of grant application to fund Park Road 22 Bridge Project Construction. Resolution authorizing the City Manager or designee to submit a grant application in the amount of $12,500,000 to the U.S. Department of Transportation (DOT) National Infrastructures Investments Program for funding eligible under the Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program to be used for the construction of Park Road 22 Bridge, inclusive of a City match of $2,500,000, and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 28) 29. Award of Construction Contract for Cole Park Renovations and Improvements (Shoreline Stabilization) Motion authorizing the City Manager, or designee, to execute a construction contract with SafeNet Services, LLC of Corpus Agenda Regular Council Meeting October 18, 2011 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Christi, Texas, in the amount of $385,284.56 for the Cole Park Renovations and Improvements for the Base Bid plus Additive Alternates 1, 2 and 3. (Bond Issue 2008) (Attachment # 29) 30. Award of Construction Contract for Aquarius Street. Motion authorizing the City Manager, or designee, to execute a construction contract with Haas Anderson Construction, Ltd. of Corpus Christ, Texas in the amount of $1,303,865.60 for the Base Bid and Additive Alternates 1, 2 and 3 for Aquarius Street. (Attachment # 30) FUTURE PUBLIC HEARINGS; 31. Amendments to Consolidation Annual Action Plans (CAAPP a. Public hearing regarding amendments to each of the following fiscal years' Consolidated Annual Action Plans (CAAP) approved by the U.S. Department of Housing and Urban Development (HUD): to change the location and scope of work for a FY05 Community Development Block Grant (CDBG) project for Avance; to cancel a FY08 CDBG - Recovery (CDBG -R) project for CPLJBrightBiz Direct Energy and reallocate the funding to an approved project for Neighborhood Centers; to cancel a FY09 HOME Investment Partnerships Program (HOME) project for Nueces County Mental Health and Mental Retardation and reprogram the funding in the FY12 CAAP; and to change the scope of work for a FY09 CDBG project for Mary McLeod Bethune Day Nursery. (Attachment # 31) b. Motion to authorize the City Manager or designee, following the conclusion of the public comment period required by the U. S. Department of Housing and Urban Development (HUD), to amend the FY05 Consolidated Annual Action Plan (CAAP) by changing the location and scope of work for a Community Development Block Grant (CDBG) project for Avance; to amend the FY08 CAAP by canceling the CDBG - Recovery (CDBG -R) project for CPL/BrightBiz Direct Energy and reallocating the funding to a project for Neighborhood Centers; to amend the FY09 CAAP by canceling a HOME Investments Partnership Program (HOME) project for Nueces County Mental Health and Mental Retardation, with a commitment to reprogram the funding in the FY12 CAAP; to amend the FY09 CAAP by changing the scope of work for Agenda Regular Council Meeting October 18, 2011 Page 12 32. 33. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a CDBG project for Mary McLeod Bethune Day Nursery; and to reinstate and execute all necessary documents with HUD and CAAP grantees as may be required to complete the affected projects. (Attachment # 31) Zoning Case No. 0811 -01, Bruce S. Hawn: A change in Zoning from "RS -6" Single- Family 6 District to "FR" Farm Rural District on property described as Palmros Tract, Block 1, Lot 1A, Allen Tract, Block 1, 0.24 acre out of Lot 1, and Flour Bluff and Encinal Farm & Garden Tracts, Section 40, 8.23 acres out of Lots 15, 16, 17. (Attachment # 32) UPDATES TO CITY COUNCIL: Corpus Christi Regional Transportation Authority (CCRTA) Annual Report (Attachment # 33) 34. Amendment to Comprehensive Plan for Corpus Christi Beach Area (Attachment # 34) PUBLIC COMMENT ON NON- AGENDA OR AGENDA RELATED MATTERS 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. Agenda Regular Council Meeting October 18, 2011 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. CITY MANAGER'S COMMENTS: * Update on City Operations P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at; N..) p.m., on October 13, 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. Present: Mayor Joe Adame Mayor Pro Tem Priscilla Leal Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick David Loeb John Marez Nelda Martinez Mark Scott City of Corpus Christi, Texas Regular Council Meeting October 11, 2011 - 12:00 p.m. City Staff: City Manager Ronald L. Olson 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 Reverend Greg Hackett, First United Methodist Church and the Pledge of Allegiance to the United States Flag was led by Council Member John 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 Regular Council meeting of September 27, 2011. A motion was made and passed to approve the minutes as presented. BOARD APPOINTMENTS Mayor Adame referred to Item No. 2 and the following board appointments were made: City Council's Youth Advisory Committee Katie Baker Community Youth Development (78415) Program Steering Committee Rosa Rincon (78415), Reappointed Sandra M. Rivera (78415), Reappointed Erica Rios (78415), Reappointed Rosa Romero (78415), Reappointed Cookie Silverman, New Appointment Nueces County Tax Appraisal District Robert Adler, Reappointed Park and Recreation Advisory Committee Lisa Ann Torres, Reappointed Rita Sonia Herrera - Padron, Reappointed Dr. Jinsun Kim, Reappointed —1— Minutes - Regular Council Meeting October 11, 2011 Page 2 Sylvia Samaniego, Reappointed Carlos Haney, Reappointed Richard Avila, New Appointment Port of Corpus Christi Authority Al Jones, New Appointment CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 11). Council members requested that Item(s) 4 and 8 be pulled for individual consideration. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 3.a. MOTION NO. 201 1 -218 Motion authorizing the City Manager or designee to accept a grant in the amount of $78,527.36 from the State of Texas, Criminal Justice Division to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 12 with a City cash match of $16,711.48, in -kind match of $4,000 for a total project cost of $99,238.84 and to execute all related documents. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 3.b. ORDINANCE NO. 029231 Ordinance appropriating $78,527.36 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) fund, and authorizing the transfer of $16,711.48 from the No. 1020 Cash Contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 5.a. RESOLUTION NO. 029234 Resolution ratifying acceptance by the City Manager or his designee of grants from the U.S. Department of Housing and Urban Development ( "HUD ") for the 2011 Consolidated Annual Action Plan ( "Plan ") which consists of the Community Development Block Grant Program ($3,921,174), Emergency Shelter Grant Program ($148,436), and HOME Investment Partnerships Program ($2,336,552) and authorizing the execution of all documents necessary to implement the Plan as authorized by HUD. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye 5.b. ORDINANCE NO. 029235 Ordinance appropriating grants from the U. S. Department of Housing and Urban Development in the No. 1059 Grant Fund for. approved 2011 community planning and -2- Minutes - Regular Council Meeting October 11, 2011 Page 3 development projects as follows: $3,921,174 for the Community Development Block Grant Program; $148,436 for the Emergency Shelter Grant Program; and $2,336,552 for the HOME Investment Partnerships Program. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 5.c. MOTION NO. 2011 -219 Motion ratifying the 2011 Emergency Shelter Grant Program funding agreements to be effective August 1, 2011. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 6. RESOLUTION NO. 029236 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 reimbursement of City's costs, and ratifying effective date of August 1, 2011. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 7. ORDINANCE NO. 029237 Ordinance consenting to the assignment of a Ground Lease at Corpus Christi International Airport with Corpus Christi Developments 1, LLC doing business as Corpus Christi FXG, LLC to MREIC Corpus Christi TX, LLC; authorizing the City Manager or designee to execute all documents necessary to consent to the Assignment and Assumption Agreement between all parties. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 9. MOTION NO. 2011 -221 Motion approving the application for street closure from K -Space Contemporary and Downtown Management District, to temporarily close the following street sections from Dia De Los Muertos Festival; to take place Friday, October 28, 2011. a. The temporary street closure of Starr Street between Chaparral Street and Lower Broadway, beginning at 11:00 A.M., Friday, October 28, 2011 and ending at 1 :00 A.M., Saturday, October 29, 2011. b. The temporary street closure of Lower Broadway, between Taylor Street and Peoples Street, beginning at 11:00 A.M., Friday, October 28, 2011 and ending at 1:00 A.M., Saturday, October 29, 2011. —3— Minutes - Regular Council Meeting October 11, 2011 Page 4 c. The temporary street closure of Mesquite Street, between Taylor Street and Peoples Street, beginning at 11:00 A.M., Friday, October 28, 2011 and ending at 1:00 A.M., Saturday, October 29, 2011. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 10. ORDINANCE NO. 029238 Appropriating $2,940.78 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Anita & W. T. Neyland Public Library from the following sources: $2,440.78 from royalties from oil, gas and mineral interests bequeathed to the City Library from the Estate of William T. Neyland and $500.00 from clean energy credits; changing the FY 2011 -2012 Capital Budget adopted by Ordinance No. 029135 to increase appropriations by $2,940.78. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 11. ORDINANCE NO. 029239 Amending Code of Ordinances, Chapter 39, Personnel, Article III Employee Compensation and Classification System, to revise Section 39 -303 by increasing the midpoint and maximum pay ranges in Pay Plan 400; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". The following items were pulled for individual consideration and were voted on separately. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 4.a. RESOLUTION NO. 029232 Resolution authorizing the City Manager or designee to submit a grant application to the Texas General Land Office's Coastal Management Program, in the amount of $31,097.04 for development of a master site plan for Surfside Park, located on the central porxion of Corpus Christi Beach, with a City in -kind match of $20,731.36, and a total project costs of $51,828.40. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 4.b. RESOLUTION NO. 029233 Resolution authorizing the City Manager, or designee to submit a grant application to the Texas General Land Office's Coastal Management Program, in the amount of $31,599.24 —4— Minutes - Regular Council Meeting October 11, 2011 Page 5 for development of a master site plan for Dolphin Park, located on the central portion of Corpus Christi Beach, with a City in -kind match of $21,066.16, and a total project costs of $52,665.40. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 8. MOTION NO. 2011 -220 Motion authorizing the City Manager or designee to execute an agreement with K Space Contemporary for the donation and acceptance of art mural to be located at the Starr Street balustrade near North Lower Broadway Street. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". Mayor Adame deviated from the Agenda and referred to Item 36, Presentation on Texas Municipal Retirement System (TMRS) Plan and Options for Change. Mr. Eric Davis, Deputy Director for Texas Municipal Retirement System stated that TMRS provides retirement benefits for 845 Texas cities and was created in 1947. He provided a presentation which included TMRS investments; benefits; economic impact; described the basic benefit and updated service credit; discussed the Corpus Christi's TMRS plan; what other cities provide; benefit structure; projected replacement ratios; actuarial funding of plan; contribution rates for the last five years; effects of SB 350 fund restructuring; and changes to the plan. CORPORATION MEETINGS Mayor Adame recessed the regular council meeting to hold corporation meetings for the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. Mayor Adame reconvened the regular council meeting. REGULAR AGENDA Mayor Adame referred to Item No. 14. Rudy Garza, Interim Assistant City Manager stated that these items are enacting amendments to the bylaws of the Coastal Bend Health Facilities Development Corporation and Coastal Bend Cultural Education Facilities Finance Corporation. Mayor Adame asked for comments from the audience. There were no comments from the audience. City Secretary Chapa polled the council for their votes as follows: 14.a. RESOLUTION NO. 029240 Resolution approving amendments to the Bylaws and Articles of Incorporation of the Coastal Bend Health Facilities Development Corporation. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott voting "Aye"; Leal was absent. Minutes - Regular Council Meeting October 11, 2011 Page 6 14.b. RESOLUTION NO. 029241 Resolution approving amendments to the Bylaws of the Coastal Bend Cultural Education Facilities Finance Corporation. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott voting "Aye"; Leal was absent. Mayor Adame referred to Item No. 15. Michael Morris, Director of Parks and Recreations stated that these items are for a lease agreement with the Chamber of Commerce for the McCampbell House. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 15.a. ORDINANCE NO. 029242 Ordinance authorizing the City Manager or designee to execute a lease with Corpus Christi Chamber of Commerce for the McCampbell House in Heritage Park for three year term with rent of $1,500 per month. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott voting "Aye "; Leal was absent. 15.b. ORDINANCE NO. 029243 Ordinance appropriating $13,500 of anticipated rental income, from the lease of the McCampbell House in Heritage Park to the Corpus Christi Chamber of Commerce, in the No. 4710 Visitor's Facility Fund for the maintenance of Heritage Park facilities; changing the FY 2011 -2012 Operating Budget adopted July 26, 2011 by Ordinance No. 029155, by increasing revenues and expenditures by $13,500 each. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott voting "Aye "; Leal was absent. Mayor Adame referred to Item 16. Rudy Garza, Interim Assistant City Manager stated that these items allow for the design of Park Road 22 Bridge. Mayor Adame asked for public comment. There was no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16.a. RESOLUTION NO. 029244 Resolution supporting the Park Road 22 Bridge Project and Commitment of Necessary Funding for the Bridge Project in support of the Padre Island Canal System and associated Mixed Use Development. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott voting "Aye "; Leal was absent. Minutes - Regular Council Meeting October 11, 2011 Page 7 16.b. RESOLUTION NO. 029245 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Texas Department of Transportation for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects for the Park Road 22 Bridge. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott voting "Aye "; Leal was absent. 16.c. MOTION NO. 2011 -222 Motion authorizing the City Manager or designee to execute a Memorandum of Understanding regarding developer's participation agreement with Asset Development Corp. and Gulf Shores Joint Venture of Corpus Christi, Texas for the Park Road 22 Bridge Project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott voting "Aye "; Leal was absent. 16.d. MOTION NO. 2011 -223 Motion authorizing the City Manager or designee to execute a professional engineering contract with Urban Engineering, Inc. of Corpus Christi, Texas in an amount not to exceed $1,072,714 for the Park Road 22 Bridge Project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott voting "Aye "; Leal was absent. 16.e. MOTION NO. 2011 -224 Motion authorizing the City Manager or designee to execute a professional engineering geotechnical services contract with Raba Kistner, Inc. of Corpus Christi, Texas in an amount not to exceed $59,850 for the Park Road 22 Bridge Project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott voting "Aye "; Leal was absent. FIRST READING ORDINANCES Mayor Adame referred to Item No. 17. Aurora Parlamas, Assistant Director of Public Health stated that this item is repealing a fee paid by cosmetology license applicants. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 17. FIRST READING ORDINANCE Repealing Section 23 -23, Chapter 23, Code of Ordinances, relating to a fee paid by cosmetology license applicants. Minutes - Regular Council Meeting October 11, 2011 Page 8 The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Kieschnick, Loeb, Marez, and Martinez voting "Aye "; Elizondo, Leal and Scott were absent. Mayor Adame referred to Item No. 18, Fred Segundo, Director of Aviation stated that this is a housekeeping item related to passenger facility charge funds. Mayor Adame asked for comments from the audience. There were no comments from the audience. City Secretary Chapa polled the council for their votes as follows: 18. FIRST READING ORDINANCE Appropriating $1,393,692 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring $971,742 into the Airport 2000A Debt Service Fund No. 4640 and $421,950 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the FY2011 -2012 Capital Budget adopted by Ordinance No. 029135 to increase appropriations by $1,393,692. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Kieschnick, Loeb, Marez, and Martinez voting "Aye "; Elizondo, Leal and Scott were absent. Mayor Adame referred to Item No. 19. Gus Gonzalez, Director of Water Operations stated that this item is for a temporary raw water sales contract with Formosa Plastics Corporation for 250 acre feet per month for four months. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 19. FIRST READING ORDINANCE Authorizing the City Manager to execute a temporary raw water sales contract with Formosa Plastics Corporation, Texas. The foregoing ordinance was passed and approved on first reading with the following vote: Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott voting "Aye"; Adame voting "No "; Leal was absent. Mayor Adame referred to Item No. 20. Constance Sanchez, Interim Director of Finance stated that this relates to Senate Bill 1 which passed during the Special Session in June 2011 authorizing cities to tax tangible goods -in- transit. Ms. Sanchez added that the bill requires that cities take action between October 1, 2011 through December 31, 2011. She stated that the public hearing and second reading are scheduled for Tuesday, October 18, 2011. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 20. FIRST READING ORDINANCE Providing for continuation of taxation of goods in transit in tax years beginning on or after January 1, 2012 in accordance with Texas Tax Code Section 11.253. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez and Martinez, voting "Aye "; Leal and Scott were absent. -8-- Minutes - Regular Council Meeting October 11, 2011 Page 9 SUSTAINABILITY ORDINANCES: Mayor Adame referred to Item No., 21, Sustainability Ordinances. Mr. Rudy Garza, Interim Assistant City Manager stated that the following proposed ordinances are related to sustainable development and to promote residential mixes uses. Mayor Adame asked for comments from the audience. There were no comments from the audience. City Secretary Chapa polled the council for their votes as folliows: 21.a. FIRST READING ORDINANCE Amending the Corpus Christi Unified Development Code by adding a new Section 6.6 entitled, "Development Concept and Special Overlay Zoning Districts ", relating to the establishment and use of specific development concept overlays and special overlay zoning districts; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. 21.b FIRST READING ORDINANCE Amending the Corpus Christi Unified Development Code by adding a new Section 6.7 entitled, "Clustered Development Overlay District ", relating to the use, regulations, and review standards for clustered development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. 21,c. FIRST READING ORDINANCE Amending the Corpus Christi Unified Development Code by adding a new Section 6.8 entitled, "Mix Use Overlay District ", relating to the use, regulations, and review standards for mixed use development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. 21.d. FIRST READING ORDINANCE Amending the Corpus Christi Unified Development Code by adding a new Section 6.11 entitled, "Uptown- Downtown Mixed -Use (MUS) Special Overlay District ", relating to the establishment of a mixed -use special overlay district promoting mixed -use development within the uptown and downtown areas of the City; amending conflicting provisions of the -9- Minutes - Regular Council Meeting October 11, 2011 Page 10 City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. 21.e. FIRST READING ORDINANCE Amending the Corpus Christi Unified Development Code by adding a new Section 6.12 entitled, "Target Area Redevelopment Special (TARS) Overlay District ", relating to the use, regulations, and review standards promoting infill and redevelopment of designated targeted areas within the City limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. 21.f. FIRST READING ORDINANCE Amending the Corpus Christi Unified Development Code by adding a new Section 6.13 entitled, "Streetscape Zone Standards ", relating to the use, regulations and review standards for creation of streetscape zones; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. 21.g. FIRST READING ORDINANCE Amending the Corpus Christi Unified Development Code by adding a new Section 6.14 entitled, "Alternative Housing Options ", relating to the use, regulations and review standards for alternative . housing options; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. 21.h. FIRST READING ORDINANCE Amending the Corpus Christi Unified Development Code by adding a new Section 7.11 entitled, "Neighborhood Mixed -Use (NMU) Development Standards ", relating to the use, regulations and review standards for residential mixed -use development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. --10- Minutes - Regular Council Meeting October 11, 2011 Page 11 The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye"; Leal was absent. 21.i. FIRST READING ORDINANCE Amending the Corpus Christi Unified Development Code by adding a new Section 7.12 entitled, "Adaptive Reuse Development Standards", relating to the use, regulations and review standards for Adaptive Reuse and redevelopment of existing and historical structures; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal was absent. FUTURE AGENDA AITEMS: Mayor Adame referred to the Future Agenda Item section on the agenda. Items 22 - 34. Mr. Adame stated that these items are for informational purposes only and that no action or public comment will be taken at this time. Council members pulled items 28 and 30 for discussion: 22. Motion approving a service agreement with All Points Environmental, LLC, of Corpus Christi, Texas for lead -based paint testing, cleaning and clearance services in accordance with Bid Invitation No. BI- 0093 -11, based on best value for an estimated annual expenditure of $202,565. The term of the service agreement will be for twelve months with an option to extend the agreement for up to two additional twelve month periods, subject to the approval of the contractor and the City Manager or designee. 23.a. Motion authorizing the City Manager or designee to accept a grant in the amount of $20,000 from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program to continue the ICAC program within the Police Department and to execute all related documents. 23.b. Ordinance appropriating $20,000 from the Office of the Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program to continue the ICAC program within the Police Department in the No. 1061 Police Grants Fund. 24.a. Motion authorizing the City Manager or designee to accept a grant in the amount of $59,914 from the State of Texas, Office of the Governor, Criminal Justice Division to establish a Regional Fusion Center grant within the Police Department and to execute all related documents. 24.b. Ordinance appropriating $59,914 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1061 Police Grants Fund to establish a Regional Fusion Center within the Police Department. 25.a. Motion authorizing the City Manager or designee to accept a grant in the amount of $500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding available under the 2011 COPS Child Sexual Predator Minutes - Regular Council Meeting October 11, 2011 Page 12 Program with a city in -kind contribution of $10,000 to be used to reduce child endangerment and to execute all related documents. 25.b. Ordinance appropriating $500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding available under the 2011 COPS Child Sexual Predator Program with a city in -kind contribution of $10,000 in No. 1061 Police Grants Fund to be used to reduce child endangerment. 26.a. Motion authorizing the City Manager or designee to accept a grant in the amount of $94,705.63 from the State of Texas, Criminal Justice Division to continue the Violence Against Women Act (VAWA) grant within the Police Department for Year 12 with a city cash match of $47,165.44, in -kind match of $7,200 for a total project cost of $149,071.07 and to execute all related documents. 26.b. Ordinance appropriating $94,705.63 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Violence Against Women Act (VAWA) fund, transferring $47,165.44 from the No. 1020 Cash contributions to grants and appropriating it in the No. 1061 Police Grants Fund as grant matching funds. 27.a. Motion authorizing the City Manager or designee to accept grant funding in the amount of $90,206.50 from the Texas Department of Transportation (TxDOT) for the Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime Driving While Intoxicated (DWI) and Speed enforcement with a City match of $94,047.10 and to execute all related documents. 27. b. Ordinance appropriating $90,206.50 from the Texas Department of Transportation (TxDOT) for funding for the Comprehensive Selective Traffic Enforcement Project (STEP) in the No. 1061 Police Grants Fund. 28. Resolution authorizing the City Manager to execute GLO surface lease No. SL20110014 (TXDOT lease No. L16- 178 -356) and the related memorandum of GLO surface lease for an approximate 2.2 acre tract in the right -of -way of Park Road 22 (Clem's & Billings boat ramps parking lot). 29. Resolution authorizing the City Manager or designee to negotiate and execute Memoranda of Agreement with the Federal Aviation Administration for various FAA technical services associated with Runway Safety Project at Corpus Christi International Airport, in total amount not to exceed $650,000 to be paid from funds awarded under Federal Aviation Administration Grant No. 3 -48- 0051 - 047 -2011. 30.a. Ordinance appropriating $814,025.66 of anticipated revenues from the Texas Department of Transportation in Fund No. 3530 for the Yorktown Boulevard from Staples to Cimarron Landscaping Improvements; changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $814,025.66. (BOND 2008) 30.b. Motion authorizing the City Manager or designee to execute a construction contract with Barcom Commercial of Corpus Christi, Texas, in the amount of $1,017,532.07 for Yorktown Boulevard from Staples to Cimarron Landscaping Improvements for the Base Bid. (BOND 2008) _12_ Minutes - Regular Council Meeting October 11, 2011 Page 13 31. Motion authorizing the City Manager or designee to execute a Professional Services contract with Naismith Engineering of Corpus Christi, Texas, in the amount of $667,690 for Oso Creek Basin Drainage Relief. (STORMWATER CIP) 32. Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $138,000 for La Voila Creek Drainage Channel Excavation. (STORMWATER CIP) 33. Motion authorizing the City Manager or designee to execute a construction contract with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $1,891,600 for Resaca Lift Station Upgrade 2009 for the Base Bid. 34. Motion authorizing the City Manager or designee to execute a construction contract with Blue Bay Construction of Houston, Texas in the amount of $348,910.95 for the Corpus Christi Beach Promenade Northward Extension for the Base Bid plus Additive Alternate No. 2. (BOND 2008) UPDATES TO CITY COUNCIL: Mayor Adame referred to the Updates to City Council section of the agenda. Mr. Johnny Perales, Assistant City Manager referred to Item No. 35 and provided a presentation on the Seawall Projects recommended by the Type A board including the project summary and costs; project status; provided an individual review of the following projects: Barge Dock Elevation Project Location; Bulkhead Repairs; Salt Flats Levee System; Sunfish Island and Breakwater; Breakwater at McGee Beach; McGee Beach Nourishment; and Marina Breakwater Improvements. Mayor Adame referred to Item No. 37, Oso Bay Wetland Preserve and Learning Center Master Plan Update. Ms. Barbara Austin, Senior Landscape Architect, Rvi Planning and Landscape Architecture provided a presentation including the project history; inspiration; entry and edge conditions, trails and overall site plan, habitat restoration of prairie wetland, estuarine wetland and uplands; learning center site plan; architectural sketches and floor plans; building performance and education goals, and implementation. Ms. Austin stated that Phase 1 includes trails, hawk walk, outdoor classroom with shade structure, picnic tables and interpretive signage; Phase 2 includes trails, interpretive center, lab building, entry monument with sandscape, bus drop -off and parking, car parking, demonstration pond children's garden experience, trailhead, camp sites, amphitheater, and wetland restoration. She added that future phases include an event center, additional parking, campground restroom and overlook, outdoor classrooms, additional trails, fishing pier enhancement, and outdoor exhibit hall and gardens. PUBLIC COMMENT The following citizens spoke during public comment: Foster Edwards, CEO Chamber of Commerce reported that the Conquer the Coast event; CC to DC trip in Washington, and the upcoming December 7, 2011 event; Patty Harris spoke of conflicts of interests. CITY MANAGER COMMENTS There were no city manager comments. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 3:07 pm on October 11, 2011. -13-- MINUTES CITY OF CORPUS CHRISTI, TEXAS City Council Retreat August 16, 2011 — 9:00 am PRESENT Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris N. Adler Kevin Kieschnick Priscilla Leal David Loeb John Marez * Nelda Martinez Mark Scott * Arrived at 9:05 am City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Del Mar College (West Campus), Emerging_ Technology Building, Room 124B. City Secretary Chapa verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Toby Futrell who served as the Retreat Facilitator made opening comments and stated that the goal is to identify Council Strategic Goals and a City Manager Annual Work Plan. Ms. Futrell provided a five year history of the city council priorities and goals., and reviewed the following six BoldFuture priority areas that were identified by the Council last year: vibrant economy; thriving education and entertainment; well planned region; sustainable environment; safe, healthy community; and community identify and leadership. Ms. Futrell referred to Item No. 4, City Council Goals and Strategic Objectives. She asked each council member to identify two or three goals using the five -year history. After a brief exercise and discussion, Ms. Futrell summarized the 2011 -2012 Council Strategic Goals as follows: 1. Comprehensive Economic Development (improve development services; ensure regional planning; create a master plan; provide adequate infrastructure; and create an attractive business working environment) 2. Complete Utilities Master Plan (explore dedicated funding source for storm water and drainage projects and creation of storm water utility; continue with construction of Mary Rhodes Pipeline Phase 2; complete a long -range water plan; and complete a long range wastewater plan) 3. Street Improvement Plan (create a dedicated funding source; bring forward the street maintenance finance committee's recommendation for action; and develop an actionable plan within Year 1) Ms. Futrell referred to Item No. 5, Distribution of City Resources. She asked the council to participate in $100 allocation exercise to prioritize budgets by department. The results of the exercise showed that the council increased budgets for Parks & Recreation, Animal Control, Code Enforcement, Facility Maintenance, and decreased budgets for City Attorney, Finance /Budget/Internal Audit, Municipal Court, Information Technology and Solid Waste. —15— Retreat Minutes August 16, 2011 Page 2 Ms. Futrell referred to Item No. 6, Expectations of City Manager and 1' Year Goals. After a brief exercise and discussion, Ms. Futrell summarized the City Manager Annual Work Plan (Year 1): 1. Tourism, Downtown and Bayfront Initiatives. 2. 2012 Bond Issue 3. Increase Code Enforcement Efforts 4. Industrial District Strategy 5. Create a Facilities Maintenance Plan Mr. Olson stated that Items 7 and 8 are discussion topics requested by the Council. He referred to Item No. 8a (a four part item), Council Procedures /Meeting Calendar and Processes. The council address the first issue, Item 8a, Council Meeting Times /Public Comment. After discussion, a motion was made by Council Member Martinez and seconded by Council Member Loeb to move the public comment section to 12:00 Noon. The motion failed with the following vote: Adame, Adler, Elizondo, Kieschnick and Scott voting "No"; Leal, Loeb, Marez and Martinez voting "Aye ". Mr. Olson referred to 8b, Use Workshops for City Council meetings. After discussion, there was consensus of the council to hold three meetings a month and alternate council meetings between workshop and business meetings. Mr. Olson referred to 8c, Council Communication with Staff. Mr. Olson stated that the organization structure allows for an assistant city manager over every department. He asked that council communicate with the appropriate assistant city manager. He added that if there is a need to communicate with a department head it should be only for the purposes of inquiry and not to give directives. Mr. Chapa referred to 8d, 2011 -2012 Council Meeting Calendar. The council discussed the meeting calendar and canceled the following council meetings: November 22, 2011, November 29, 2011, December 20, 2011, December 27, 2011, March 13, 2012, November 27, 2012, and December 25, 2012. They also decided to hold a council meeting on December 6, 2011. Mr. Olson referred to Item No. 7, City Operational Issues. The council discussed changing the fiscal year, 2012 bond capacity, issues regarding Nueces County Appraisal District, business development and economic development strategy, and funding for street maintenance. There being no further business to come before the Council, Mayor Adame adjourned the Council retreat at 3:00 pm on August 16, 2011. 2 a. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY - One (1) vacancy with term to 6- 30 -12. (Note: On October 12, 2011, John Valls (City appointee) was elected to serve as Board Chairman by the membership of the RTA Board of Directors. The City Council must appoint a replacement for his vacant position.) DUTIES: To operate and provide for public transportation system for Nueces County and the cities included in the Authority. COMPOSITION: Board of Directors consist of eleven (11) members - five (5) appointed by the City Council; three (3) appointed by Nueces County Commissioners Court; two (2) appointed by the Mayors of Cities in the Transit Authority other than Corpus Christi, and the Chairman who is appointed by the Board. The principal municipality shall make its appointments to the board so that at least one of the appointees is designated to represent the interests of the transportation disadvantaged. The statute does not mandate that this Board member be "transportation disadvantaged." If Chairman is from the membership, the entity that appointed that person will appoint a replacement. Terms shall be for two years; members may serve up to eight consecutive years as stated by State Law. The State Sunset Committee suggests that the appointing bodies should consider the appointment of a regular rider of the transit system. A member of the board must be a qualified voter residing in the authority. ORIGINAL MEMBERS TERM APPTD. DATE John Valls, Chairperson 10 -02 -13 10 -11 -05 Angie Flores Granado (Nueces County) 09 -18 -13 10 -14 -09 Judy Telge (City Council -- Transp. Disad.) 06 -30 -12 10 -23 -07 John F. Longoria. (City Council) 06 -30 -12 6 -08 -04 VACANT (City Council) 06 -30 -12 Mary J. Saenz (City Council) 06 -30 -12 6 -17 -08 Vangie Chapa (City Council) 06 -30 -12 6 -17 -08 Lamont Taylor (Nueces County) 09 -18 -13 10 -12 -11 Gil Hernandez (Nueces County) 09 -18 -13 1 -06 -11 Ray Hunt (Mayor of other Cities) 09 -19 -13 1042 -11 Robert Garcia (Mayor of other Cities) 09 -19 -12 10 -12 -11 INDIVIDUALS EXPRESSING INTEREST Jim Abram Jason Capeheart Self - employed, Air Traffic Control Consultant. Received B.S. in Aeronautics and M.S. in Aviation Management. (4/14/11) Caseworker- Transportation & Jnfrastructure, Congressman R. Blake Farenthold. Received Bachelors of Arts in Political Science from Texas A & M University — College Station. Activities -19- Tony Elizondo include: Liaison for the Lower Nueces River Watershed Protection Plan. (1114/11) Vice President of Satellite Operations, Big Brothers Big Sisters of South Texas. Received Bachelors in Criminal Justice /Social Science and Masters in Guidance and Counseling. Activities include: Texas State Director for USSSA Youth Fastpitch Organization and Texas A & M University — Corpus Christi Outreach Council. (10/10111) Jeff Fonseca Owner, Green Tree Lawn Care. (618111) William M. Kramer, Jr. Crystal Lyons Joel S. Mumphord Maurice G. Portis Agent, Kramer Insurance Agency. Received Bachelors in Political Science from Texas A &M University - Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17111) Self - employed, Commercial Real Estate investments. Activities include: American Public Transportation Association Executive Committee; Easter Seals Project Action National Steering Committee; Transport Research Cooperative Program; and Southwest Transit Association. Received 2010 Transit Board Member of the Year Award. (10112111) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, and HIALCO President. (4128111) Owner, Portis Kountry. Kitchen. Retired, Band Director & Principal. Received Bachelor of Arts, Masters of Science, and Doctorate of Music. Previous activities include: Regional Transportation Authority; Weed & Seed Advisory Committee; Art Commission; Kiwanis Board; and President Emeritus Texas Black Music Educators. (9/07111) Eloy Barrera Soza Community Advocate. Member of the Transportation Advisory Committee. (4/30111) b. LANDMARK COMMISSION - One (1) vacancy with term to 11 -20 -11 representing the category of History Teacher. (Since the term expires on 11- 20 -11, it is recommended to appoint the new member to a new three-year term ending 11- 20 -14.) DUTIES: To promote the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. COMPOSITION: Fifteen (15) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the City according to the last Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies shall be appointed as members to the commission: Two (2) historians, two (2) licensed real estate salespersons, two (2) registered architects, one (1) structural or civil engineer, two (2) history teachers, one (1) person knowledgeable in title search and /or property surveyor and five (5) other members. No one profession will constitute a majority of the membership. ORIGINAL MEMBERS TERM APPTD. DATE Kris Cardona (Title Search) 11 -20 -12 7 -07 -09 Laura Commons (Real Estate) 11 -20 -12 12 -15 -09 Dr. Mark Robbins (Historian) 11 -20 -12 12 -15 -09 Anita Eisenhauer (Historian) 11 -20 -11 12 -12 -06 Anthony Gavlik (Regular Member) 11 -20 -13 11 -09 -10 Karen Howden (Regular Member) 11 -20 -13 11 -09 -10 John M. Olson (Architect) 11 -20 -13 11 -09 -10 ***Mary Lou Berven (History Teacher) 11 -20 -11 11 -11 -08 Kim Charba (Regular Member) 11 -20 -13 7 -07 -09 James E. Klein (History Teacher) 11 -20 -11 11 -11 -08 Craig Thompson (Engineer), Chair 11 -20 -11 3 -02 -04 Leo Rios (Real Estate) 11 -20 -11 2 -19 -08 Susie Rucker (Regular Member) 11 -20 -13 2 -19 -08 Marie Guajardo (Regular Member) 11 -20 -11 3 -11 -08 Herb Morrison (Architect), Co -Chair 11 -20 -12 3 -02 -04 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met term limitation (The Landmark Commission is recommending the new appointment of Christina Crouse to representing the category of History Teacher.) — — INDIVIDUAL EXPRESSING INTEREST Christina Crouse American History Teacher, Calalien Independent School District. Graduate from Texas A & M University — Kingsville with Bachelors of Art in Political Science and Business Administration. Currently the Social Studies Department Chair. (9116111) (History Teacher) 3 I8lSQ AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: October 18, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361 -826 -3169 Lead based Paint Testing, Cleaning and Clearance Services CAPTION: Motion approving a service agreement with All Points Environmental, L.L.C., Corpus Christi, Texas for Iead based paint testing, cleaning and clearance services, in accordance with Bid Invitation No. BI- 0093 -11, based on best value for an estimated annual expenditure of $202,565. The term of the service agreement will be for twelve months with and an option to extend the agreement for up to two additional twelve month periods, subject to the approval of the contractor and the City Manager or designee. BACKGROUND AND FINDINGS: The City's Neighborhood Services Department is responsible for administering several Housing and Urban Development (HUD) programs targeted at assisting residences with construction financing. The City is initiating this contract to satisfy a HUD finding that was made during a recent monitoring and as a measure of assurance that the work performed at these residences is within the HUD guidelines which cover lead base paint. These services consist of cleaning those areas in residences where HUD funds were used for construction remodeling and clearance testing of the work area Additionally, the contractor will test painted surfaces with the use of a XRF analyzer in houses built prior to 1978 that are scheduled to receive HUD construction financing. If lead is found to be present in these residences, this information will be used to develop the scope of work to minimize the lead present in those residences. ALTERNATIVES: The bid received from ALL Points Environmental, LLC meets all of the City's specification requirements and is also the lowest bid received. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This award conforms to all State statutes and City Policy governing procurement. EMERGENCY / NON - EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Neighborhood Services Department FINANCIAL IMPACT: o Not Applicable o Operating Expense o Revenue o CIP Fiscal Year: 2011-2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget $4,839,207.00 $4,839,207.00 226,045.50 202,565.00 $4,410,596.50 Encumbered / Expended Amount 226,045.50 This item 202,565.00 BALANCE $4,410,596.50 Fund(s) :1059, 9040, 9045 Comments: The funds required to support this contract are budgeted in the above three grant funds. The funds shown above represent the total dollars available for the combined line items in each of the funds. RECOMMENDATION: Staff recommends award of the contract as presented. LIST OF SUPPORTING DOCUMENTS: Award Matrix Approvals: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Finance Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager B1- 0093 -11 October 18, 2011 Buyer - Michael Barrera Summary Evaluation Matrix Lead Based Paint Testing, Cleaning and Clearance All Points Environmental, L.L.C. Corpus Christi, Texas Maximum Points Envirotest, Ltd. Corpus Christi, Texas Technical Solution 30 Profile 18 Exceptions 2 Price 50 SCORE Annual Cost 27.90 16.86 2.00 50.00 96.76 $202,565 22.70 17.22 0.80 27.18 67.90 $377,870 SERVICE AGREEMENT XRF LEAD -BASED PAINT TESTING, CLEANING AND CLEARANCE TESTING FOR NEIGHBORHOOD SERVICES DEPARTMENT Service Agreement No. THIS LEAD -BASED PAINT TESTING SERVICE AGREEMENT (this "Agreement ") is entered into by and between _Byrdson Services, LLC dba All Points Environmental (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee, effective for all purposes upon execution by the City Manager or designee. WHEREAS Contractor has proposed to provide XRF LEAD -BASED PAINT TESTING, CLEANING AND CLEARANCE TESTING FOR NEIGHBORHOOD SERVICES DEPARTMENT in response to Request for Proposal No. BI- 0093 -11, which is incorporated by reference; WHEREAS the City has determined Contractor to be the best value vendor; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide XRF LEAD -BASED PAINT TESTING, CLEANING AND CLEARANCE TESTING FOR NEIGHBORHOOD SERVICES DEPARTMENT in accordance with Request for Proposal No. BI- 0093 -11, which is incorporated by reference. 2. Term. This Agreement is for one year commencing on the date signed by the last signatory hereto. The term includes an option to extend for up to two (2) additional twelve- month (12) periods subject to the approval of Contractor and the City Manager or his designee ( "City Manager "). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Housing Program Manager. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 5. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate(s) of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Contract Administrator will be given at least thirty (30) days advance notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within fifteen (15) days of the City Manager's written request. Insurance requirements are incorporated herein in Request for Proposal No. BI- 0093 -11 which is incorporated herein as Exhibit A, and may be revised annually by the City Manager upon thirty (30) days written notice to Contractor. 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement or Contractor's offer to Request for Proposal No. BI- 0093 -11 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all federal laws and laws of the State of Texas. All duties . of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and the venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 10. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 11. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. BI- 0093 -11. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured the breach within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement, with or without cause, upon twenty (20) days advance written notice to Contractor. However, the City may terminate this Agreement on 24 -hours advance written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 12. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefore. 13. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. * 14. Violence Policy. Contractor must adopt a Violence in the Workplace policy that substantially conforms to the City's policy. 15. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand - delivered or on the third day after deposit in the U.S. mail via, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Housing Program Manager P.O. Box 9277 Corpus Christi, Texas 7$469 -9277 Fax No.: (361)826 -3011 IF TO CONTRACTOR: Contractor Name: All Points Environmental Contact Person: Armando Medina, Regional Manger Address: 500 North Water Street Suite #401 City, State, Zip: Corpus Christi TX 78401 - Fax No.: 361 -883 -1511 16. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new XRF LEAD -BASED PAINT TESTING, CLEANING AND CLEARANCE TESTING FOR NEIGHBORHOOD SERVICES DEPARTMENT contract upon the expiration of this Agreement, then Contractor must continue to provide services under this Agreement, at its then- current fee under the term of this Agreement, on a month -to -month basis, until a new contract is awarded by Council. This Agreement automatically expires on the effective date of a new contract; the Contract Administrator will provide written notice of the effective date of the new contract to Contractor. 17. INDEMNIFICATION. CONTRACTOR SIL4LL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES' j FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES. WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. 18. Severability. Each provision of this Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in ail respects as if the invalid or unenforceable provision or part thereof had been omitted. SIGNED this 13 day of July CITY OF CORPUS CHRISTI Michael Barrera Assistant Director of Financial Services , 2011. Contractor: All Points Environmenta re ame: James H. Griffm Title: President APPROVED THIS 2-'41 DAY OF S �ker•`�e:� , 2011 CARLOS VALDEZ, CITY ATTORNEY By: an N ez, Assistant City Attorney Incorporated by Reference: Exhibit A: Request for Proposal No. BI- 0093 -11 Exhibit B: Proposer's Proposal AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 9/15/2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs Chief of Police Accepting the Internet Crimes against Children Task Force Grant and appropriating funds CAPTION: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $20,000 from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force program to continue the !CAC program within the Police Department and to execute all related documents. B. Ordinance appropriating $20,000 from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force progra o continue the ICAC program within the Police Department in the No. 1061 Police Grants Fund, d declaring an emergency. BACKGROUND AND FINDINGS: The Office of Juvenile Justice and Delinquency Prevention Internet Crimes against Children Task Force program has approved a sub -grant for the Corpus Christi Police Department Internet Crimes Against Children Task Force. The Police Department has been a member of the ICAC since 2003. These funds will be used for the purchase of training, equipment, travel and supplies for the Task Force. There is no match required by the City. Funds are available from July 1, 2011 through June 30, 2012. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to accept the grant and appropriate the grant funds. EMERGENCY /NON- EMERGENCY: Emergency to meet grant deadlines. DEPARTMENTAL CLEARANCES: Finance — Grants management _a5- FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount • . This item 20,000. 20,000 20,000 BALANCE 20,000 _ Fund(s): Police Grants Fund Comments:I RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and. Budget Oscar R. Martinez, Assistant City Manager ORDINANCE APPROPRIATING . $20,000 FROM THE OFFICE . OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION INTERNET CRIMES AGAINST CHILDREN (ICAC) TASK FORCE PROGRAM IN THE NO. 1061 POLICE GRANTS FUND TO CONTINUE THE ICAC PROGRAM WITHIN THE POLICE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $20,000 is appropriated from the Office of Juvenile Justice and Delinquency Prevention Internet Crimes Against Children (ICAC) Task Force Program in the No. 1061 Police Grants Fund to continue the ICAC program within the Police 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, this the day of October, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: September 16, 2011 T. Trisha Da g 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: 1/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Efizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb 5 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 9/15/2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs Chief of Police Accepting the Coastal Bend Regional Intelligence Fusion Center grant and appropriating funds CAPTION: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $59,914 from the State of Texas, Office of the Governor, Criminal Justice Division to establish a Regional Fusion Center grant within the Police Department and to execute all related documents. B. Ordinance appropriating $59,914 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1061 Police Grants Fund to establish a Regional Fusion Center grant within the Police Department, and declaring an emergency. BACKGROUND AND FINDINGS: The funds will be used to hire an additional full time Intelligence Analyst for the Corpus Christi Police Department. This position will handle all Coastal Bend Regional Intelligence Fusion Center planning and operations (Le. receipts and transmissions of data, timely data entry and analysis, field communications, reporting, etc.). The position will work alongside the current CCPD crime and intelligence analysts, who have been centralized in the newly created CCPD Fusion Center Office on the third floor of the Main Police Building. All crime and intelligence analysts will now report to the Fusion Center Captain within the Office of Administration, instead of reporting to various supervisors throughout the department. The centralization of all crime and intelligence analysts within one office, combined with the additional intelligence analyst under this grant will enable the Coastal Bend Regional Intelligence Fusion Center to accomplish the following goals: • To fully utilize the Comp Stat concept to bring local, regional and federal law enforcement partners, along with the private sector, together to share information on crime, gang activity, narcotics trafficking and all types of smuggling. • To incorporate effective techniques for intelligence sharing already established on a State and National level. • To create a'nerve center' where information is collected and analyzed, and from which intelligence products are disseminated to all regional partners (i.e. local, regional, state, and federal law enforcement officers, etc.). • Improve the delivery of emergency and nonemergency services on a regional basis. • Provide a continuous flow of information and intelligence to all regional law enforcement partners to assist in identifying evolving threats or crime trends. The State provides $59,914 for the salary /benefits of one Intelligence Analyst. Although not required as a match by the grant, CCPD will utilize drug seizure funds to provide equipment, software, and —41— training. The grant funding is available for a five year period with 100% for the first two years and a 25% declining percentage for the remaining three years. The City must reapply each year and the grant is subject to the funds awarded by the State for distribution. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to accept the grant and appropriate the grant funds. EMERGENCY / NON-EMERGENCY: Emergency to meet grant deadlines. DEPARTMENTAL CLEARANCES: Finance -- Grants management FINANCIAL IMPACT: Operating Expense Fiscal Year 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 59,914 59,914 BALANCE 59,914 _ 59,914 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Trisha Deng, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager ORDINANCE APPROPRIATING $59,914 FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION IN THE NO. 1061 POLICE GRANTS FUND TO ESTABLISH A REGIONAL FUSION CENTER WITHIN THE POLICE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $59,914 is appropriated from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1061 Police Grants Fund to establish a Regional Fusion Center within the Police 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, this the day of October, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: September 16, 2011 T. Trish ang 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 The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leai John E. Marez Nelda Martinez Mark Scott David Loeb 6 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 9/15/2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs Chief of Police riff' Accepting the Child Sexual Predator Program Grant and appropriating funds CAPTION: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding available under the 2011 COPS Child Sexual Predator Program with a city in -kind contribution of $10,000 to be used to reduce child endangerment and to execute all related documents, B. Ordinance appropriating $500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding available under the 2011 COPS Child Sexual Predator Program with a city in -kind contribution of $10,000 in No. 1061 Police Grants Fund to be used to reduce child endangerment, and declaring an emergency. BACKGROUND AND FINDINGS: These funds have been made available to agencies specifically invited by the United States Attorneys' Offices. Applicants must partner with the district United States Attorney's Office as well as demonstrate other partnerships with the United States Marshal. The Corpus Christi Police Department (CCPD) is an affiliate agency of the Department of Justice' 'Internet Crimes Against Children Task Force' with an existing MOU with the Texas Attorney General's Regional Internet Crimes Against Children (ICAC) Unit. The vision of the CCPD Children Sexual Predators and Exploiters (CSPE) Grant is two -fold: to reduce opportunity for child sexual predators to strike South Texas children; and, to improve capacity to investigate Internet crimes against children. This grant will continue funding for the Sexual Predator Unit established in 2008 with grant funds. There are five goals: 1. Increase and improve the Police Department's capacity to detect, locate, investigate arrest and prosecute Child Sexual Predators and Exploiters. 2. Improve capacity to monitor Child Sexual Predators on probation and parole through home visits (community policing) and with the use of computer monitoring initiatives, such as 1SP tracking and computer software. '3. Initiate more proactive investigations using undercover and online investigations, conducted in partnership with partner agencies, especially the FBI, ICE, and Attorney General's Office. —47— 4. Maintain excellent collaborative relationships already built with regional partner agencies, including the U.S. Attorney Office and the U.S. Marshal, and Child Sexual Predator prosecutors throughout South Texas by providing more resources, technical assistance, information, joint meetings, and training activities and materials to strengthen their effectiveness. 5. Increase outreach and educational activities via a community policing approach that builds greater awareness and proactively halts Child Sexual Predators via preventive measures. There is no cash match required of the grant. The Police General Fund will provide for fuel and academy training expenses, and equipment for officers once they have graduated from the academy. The grant will pay for salaries and benefits of one civilian forensic analyst as well as salaries and benefits associated with the hiring of two entry sworn officers for a full 2.year period from their hiring date of April, 2012. Funds are available for a 2 -year period beginning October 1, 2011. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY .POLICY: • Council approval to accept the grant and appropriate the grant funds. EMERGENCY 1 NON - EMERGENCY: Emergency to meet grant deadlines. DEPARTMENTAL CLEARANCES: Finance — Grants management FINANCIAL IMPACT: • Operating Expense • Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $10,000 $10,000 Encumbered / Expended Amount This item $500,000 $500,000 BALANCE $510,0001 $510,000 Fund(s): Police General Fund Comments:( RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Trisha Deng, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager —48— ORDINANCE APPROPRIATING $500,000 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) FOR FUNDING AVAILABLE UNDER THE 2011 COPS CHILD SEXUAL PREDATOR PROGRAM WITH A CITY IN -KIND CONTRIBUTION OF $10,000 IN THE NO. 1061 POLICE GRANTS FUND TO BE USED TO REDUCE CHILD ENDANGERMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding available under the 2011 COPS Child Sexual Predator Program with a city in -kind contribution of $10,000 in the No. 1061 Police Grants Fund to be used to reduce child endangerment SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of October, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form September 16, 2011 T. Tri ha `bang 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: l we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb 7 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 9/7/2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs Chief of Police CAPTION: 9fP1' Accepting the Violence Against Women grant and appropriating funds A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $94,705.63 from the State of Texas, Criminal Justice Division to continue the Violence Against Women Act (VAWA) grant within the Police Department for Year 12 with a city cash match of $47,165.44, in- kind match of $7,200 for a total project cost of $149,071,07and to execute all related documents. B. Ordinance appropriating $94,705.63 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Violence Against Women Act (VAWA) Fund, transferring $47,165.44 from the No. 1020 Cash contribution to grants and appropriating it in the No. 1061 Police Grants Fund as grant matching funds, and declaring an emergency, BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk -in to the unit at the Police Department. The grant funds two victim case managers to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. A Staff Assistant handles the processing of Emergency Protective Orders. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long -term safety needs. The grant provides partial salary and benefits for two Victim Case Managers and a full time Staff Assistant. The State provides $94,705.63 and the City $54,365.44 which may be in -kind or cash contribution. We are utilizing the volunteer hours from other agencies Child Protective Services, Police volunteers, etc. to provide $7,200 toward the match. The City provides $47,165.44 for training, travel, supplies and miscellaneous equipment. The funding is not on a declining percentage or ending funding cycle. ALTERNATIVES: None —53— OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to accept the grant and appropriate the grant funds. EMERGENCY TNON- EMERGENCY: Emergency to meet grant deadlines. DEPARTMENTAL CLEARANCES: Finance -- Grants management FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $54,365.44 $54,365.44 Encumbered / Expended Amount ' This item • $94,705.63 $94,705.63 $149,071.07 BALANCE. $149,071.07 Fund(s): Police Grants Fund Comments:Click here to enter text: RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager ORDINANCE APPROPRIATING $94,705.63 FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION, IN THE NO. 1061 POLICE GRANTS FUND FOR FUNDING AVAILABLE UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA) FUND, TRANSFERRING $47,165.44 FROM THE NO. 1020 CASH CONTRIBUTION TO GRANT AND APPROPRIATING IT IN THE NO. 1061 POLICE GRANTS FUND AS GRANT MATCHING FUNDS; AND DECLARfNG AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $94,705.63 is appropriated from the State of Texas, Criminal Justice Division, in the No. 1061 Police Grants Fund for funding available under the Violence Against Women Act (VAWA) Fund, transferring $47,165.44 from the No. 1020 Cash contribution to grant and appropriating it in the No. 1061 Police Grants Fund as grant matching funds, and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of October, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form September 15, 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: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb 8 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 9/7/2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs Chief of Police Accepting the STEP grant and appropriating funds CAPTION: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $90,206.50 from the Texas Department of Transportation (TXDOT) for the Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime Driving While Intoxicated (DWI) and Speed enforcement with a City match of $94,047.10 and to execute all related documents. B. Ordinance appropriating $90,206.50 from the Texas Department of Transportation (TXDOT) for funding for the Comprehensive Selective Traffic Enforcement Project (STEP) in No. 1061 Police Grants Fund; and declaring an emergency. BACKGROUND AND FINDINGS: TXDOT is providing funding to continue the overtime DWI and Speed enforcement grants in the Police Department for 2012. The grant provides overtime funding for DWI and Speed enforcement across the City with varied days of the week and hours of operation. Officers will be working on an overtime basis, with the City providing $72,037.01 for salaries and fringe benefits and $22,010 for mileage. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to accept the grant and appropriate the grant funds. EMERGENCY /NON- EMERGENCY: Emergency to meet grant deadlines. DEPARTMENTAL CLEARANCES: Finance — Grants management FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $94,047.10 $94,047.10 Encumbered / Expended Amount This item $90,206.50 $90,206.50_ $184,253.60 BALANCE $184,253.60 Fund(s): Police Grants Fund Comments:! RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager ORDINANCE APPROPRIATING $90,206.50 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING FOR THE COMPREHENSIVE SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) IN NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $90,206.50 is appropriated from the Texas Department of Transportation for funding for the Comprehensive Selective Traffic Enforcement Project (STEP) in No. 1061 Police Grants Fund; and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of October, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form September 15, 2011 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: llwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb 9 ItroW City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of 10/18/11 DATE: September 22, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director ,%yr MichaelMo(a�cctexas.com 361 -826 -3464 GLO lease for property including Billing's & Clem's boat ramp and parking lot project PURPOSE: Resolution authorizing the City Manager to execute GLO surface lease No. SL20110014 (TXDOT lease No. L16 -178 -356) and the related memorandum of GLO surface lease for an approximate 2.2 acre tract in the right -of -way of Park Road 22 (Clem's & Billings boat ramp parking lot). BACKGROUND AND FINDINGS: The City of Corpus Christi has received grant funding through Texas Parks and Wildlife Safe Boating Access program to renovate two boat ramps located under the JFK Causeway bridge, near Billing's Bait Stand and Clem's Marina. The grant requires that the Texas General Land Office (GLO) and City of Corpus Christi enter into a surface lease agreement that includes maintenance of the boat ramp and parking lot improvements. ALTERNATIVES: Reject grant funding. OTHER CONSIDERATIONS: While there is no charge associated with the lease, maintenance of the improvements covered by the surface lease becomes the responsibility of the City of Corpus Christi Parks and Recreation Department. Funding for the resulting expenditures was not included in the FY12 budget. FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2010 -2011 Project to date exp (CIP Only) Current Year Future Years TOTALS Budget $0 Encumbered /Expended Amt. This item $15,000 $17,000 $32,000 Balance: $15,000 $17,000 $32,000 *$17,000 will need to continue to be budgeted in future fiscal years. in addition, funds will need to be budgeted for preventive maintenance and repairs in 3 to 5 years. RECOMMENDATION: Staff recommends approval of lease agreement. —65— Page 2 of 2 CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement for lease of City property. EMERGENCY / NON- EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation; Legal LIST OF SUPPORTING DOCUMENTS: Attachments: Memorandum of Surface Lease; Surface Lease Agreement Cc: R. Jay Reining, First Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager STATE OF TEXAS COUNTY OP NUECES The State of Texas. Adstin, Texas MEMORANDUM OF GLO SURFAtE LEASE NO -SL 2000014 (TxDOT 1..ease o.. 06-1713-35`0) •MOW ALL MEN BY MESE PRESENTS: This Memorandum of Surface Lease s made to record the Lease heretofore entered jute by the State of Tent acting by and through the ConimiSSionerle-therjetteral Land Office (the "GLO') on behalf of the 'Permanent School Fund, and The Texas Department of Transportation (the `-nepartment"): (the Itessors1), and the City of Corpus: Christi (the ."1„,espee."), which &tots certain lands inNuecesCOWILY, Texas. WITNESSETH That $r and in consideratien of the mutual promises and undertakings recited in the Lease, Lessors .and Lessee have executed Surface Lease N L 20111)014 (the "Lease), an original of which is recorded in the utchiyes of the GLO. Under the terms Ofthe Lease, Lessors have leased to Lessee certain lands located in Nueces County, described as: *lug an approiimate-ly 22-.acre tract of land located in the Right-of-Way of Part Road 22, and being part of Submerged State Tract 151, Laguna Madre, Nueces County, Texas, as-more pagiculArly described in exhibits to the LeMe "Ptairki.84f). The Lease commenced .on Septernber 1, 2011 and Shall terminate on August 31, 2036, unless earlier terminated. eS ALtthori.Ted in the Lease: The Lessee shall have the right to use the surface of the Leased Premises for the limited purpose of POIISbuctioli, operation, and Maintenance of public boat ramps and public parking the scope of the grant being more particularly described in the Lease. Lessee nay not assign the Lease or sublease .the Premises without the prior consent of the Lessor. Use ofstate property without the requisite censent may subject the user to the a,s'Net$tneilt and e cement of Civil papa* i3f.iip to $1M0.09 per clay as provided in Chapter 51 of the Natural Runes Code. 1 EXFH fl TEsnmmy WilEREOF,witness my hand and awseat of.140, LEssoR: THE STATE OF TExAs JERRY E PATTERSON C-ommisaioner, Opuerallati.4 ijffiee Sapp! Land Board Date: ",ppromal: lte0 Legal DOLitY ao-attivo tEssEt: city, of Corpus Christi B : :(Printal Narit4 Falk Date:. 118S0A. „RAI* OF Thus Ekettgecl and approVed for the Texas Txallsporiation -COgunission for the purpose and efkdt,of adtivating attlfor tatrylpg ot4 the odork'al4blishod policies or work programs 'heretofore approved And nuthotited by the Texas Transportation CtomiSion. John P. Campbell, P.E. Director, Right-of-Way Divis'Ion Date: STATE OF COUNTY OF Approved as to form R. n ng t A sistant Attorney For City Attorney AMIOSYLEDGIVIENT This instrument was acknowledged be‘ore me ori the day of by (Les,s'ee 1;&procniative 4..74.-14#00 •Numay Sp Notary State of (Wat.myStpfe.m.476) My commission expires: STATSOF 'rExAs cpcsity-oF INIVSCUS. The State of Texas Stik 1V44.5- WRFACT tg,ApE suoiloot4 mon 4w*. 10,1784* KNOW ALL -By TfaESE PRESVNTS.: TKO ).X.A-AGREggE.W.:t 00,1147:44 P.:1:gRv.r.e0 r.1#.10.911* Pafton Comtsjnet 6f 11L1e -P!,1200 1.4.4 .0fAcP ;00E1 .Traltiii.okoi-Dgpolun,ptimi.1*,01_,0 and the Pepelx00111..hrAngfOr 00*(tv01y • erred -,ta,:f*Upare,. nd The Oof coptia LIMA tamed 04071:A80'1 W1-7004, tma.. OpagOiSiioner irat.authority-0 fepe.Penniment.$0001.0,1.44. ttlieT.SPI:104:110riiit 4a0tgrp,. .frtx mt. congAs ontooded mAmelo-lim Ana WiEREA.15, tiel:?.04110104 OtitiraliPAseAighvgal 00704"..r4Y PrgIMbi PV.IPPipt $1.1 er t#0000. .,7,07,052, Tot TRANI, co*. .xia gro0000:- from tmiflo titim 444 ploimit :34) itip te*.tis *CO tike areArded4nilmoArgIfitic.an4 WHERA'At.Le5Sejika applied 01,00e4g.firpeki4Sescz4tod P landartithigliwarrigl)kfAwAyin Aipm:00-0ilty:1*74.7005). NOW Tliat.EAQM.10..r Win 004Wegifion.Oritig. fopg0iiig prpiniaes, go. p.ertfraviag* ceeite.4164 vaWie 'on*** .xgoeIpt and olfimr 0410 are i OmpvylOgicti• Lesors and Legieritgeo follow Aratpx.i, Premises. Ott mw*.cpvennntivan4fairefimetits.4etibAh hecin, and for othcr good and .ii1iittble4Siaeittliikii, the receipt widsnifteieney of 'yob:kit are hereby a010rmi1e4g04, to004,40i0tiyiFain10 Lei*, the Agit 10 use.the surfac atik.tifteriairt 904141 public laF4s.,4dAeOliepilifficrtile:17.1R.924p4idotthoct in Miele V beialii4 .The.440bsitti piabli01-014itEat grqsdescritleda4.1b119‘W W6gAnAPARN*Pli:.-2*Ot7traPt of tOd in Nueces Couniy said tract Way cit Nvlc.tt.pad 22 ,.and bOng.partor 'shpritelzvo State Tract 61, ;Amine tiftwiro4Nom'ckiwity,...Te*,, as more described n glxiiibils '5N% 13, 4.4"0.ati140104ePPTE! and incorporated herein by tetetenpe (the .tjtiitS444 114. The.Lessors Lessee::tteknowiedge-sn&Seteeibta.14Ssefs right to uselbe ProMiSes is atOlithivi0yes'Oii0y,iiiiprthtdretits coated car to be located therept, and nOntexeitisiv.e .010411e remainder. 1.03. Lessee acknowledges opi to* to: when loy..04(1)0fiz04 itoprovnloott-ote OW4 On MO PreititL%-the. beak* bitudh improvements shall thereby beoonie frietfnt such loOntiOn and shall not be cbnriged except by vititten itritelidihetit to this Agreettient, ,••••■■•••117M.M11■111.11.1111•=61■01•4 S12-01 10014 14Henfey EXH 11T_A Kennedy eshsevetv B.oat item!, Lease ARTICLE a ConSitkration ileOffor the 00, cerimp,g, cirito to be the lor4 tpotiar for' tt TAW lioat Tamp iinpflyVettito ofit, -111 mnsiOeFotiO Of* Ciity's eOnnittpent 10 maniain uh improvements. rent is entirely offset and no payment kg be ARTICLE III. Tenn This 'Vease s for a t0-0 qpii#PAiphig on SoptOmbet 1,2011 arid latikaifirit •ffi August 31, 203,6 :in1e-Ss' Shener. tettilinateitts; I1-40i6 .0044 -h1.11:0 event the bapartiiittit detei.mines iri itg:thi6 discretion that the Prettibe,kor any portion there is deOdtcl fot-Agettbire -.40?` :Of it016siztill funcnoin other thinkaing 61-4,1it-of4ay not ineeded ftirlijkitiVay purposes the Deptritheatnily teithInate. WS; or LenriinUe with iest5eet. of tle Pies, and if 644 Atiti.ol.patift.:iiittlio: ttothises-110.160:11lits- of this Lease hall ben6dhle8 by.w:tittafitaeiditimt to ..rellea Sholillet-ii.thinion. • The effetiVELdatei.OPany such 1:0Thio001-litili be no wa,ier ihirn oreive (4) months from OM whce dfdfr *WM teillittia(wli;fitt Othe. Lessee frp thc 1:-e*.tia#00V, Iti•the.eVortt.drat lasers deeidtio offer the,PrerniteiforleaSe-aftee the,expiratknaihis Lea* lithided ail,payInerittAgeitrt urrent, and provided that there.Inft been no unresolved .events of default or Other vicilations . of the contract tefnis aria conditins see shall hayOtfiglOffirs(t areria.t6fitui this 'Alit on terxns . nd.conditions to.tio,.clbittikiiiitii 'by Logiat 'at Li* tiki*to-froliewal.. Mpi.ON:* of:Spelt tetIntand:donditiO02be)1 tiettlIve Sale .discretion ofLessor#, ARTICLE.W.- At6ttenee-orPtettigei/Diselattin. to, vssxgAgioow4ppgs MAT IT IS LEASING THE.PREIVIISES "AS IS" WITH ALL FAULTS; Dia-coota, BUT NOT Wimp) TO pty. AND ALL POLLUTANTS! ASIIESIttStUNDERGROIND STORAGE .TANICS.ANWOR Al Y dm* qtAtAgrowlakniltAts” fits-sveRTERMISIOEFINMIN SECTION 519 HEREOP),.ANWITAT NEITHER LESSORS, Kogitlyispioni OR AGENT OF 'LESSORS, 'HAVE11AME:ANKREPRESENTATIO*1* WARRAP:AIES'ASTo THE CONDITION OFSUCH PREMISES ,,LESSEE BERERY: WAIVES NV AND ALL CAUSES -ACTION GEMINI DEMANDS4IDAMAGESAND LIENS TIASERON Avy.,wARRANry.Ffottgtos:-ok. IMP • ir[0.14;06. BUT NOT .LIMITED:. TO ANY IMPLIED WARRANTY S011":...:AIWLITV .10.4 A P.40. PORPOSE,,ANY Ale ALL WARRANTIES OF HABITABHAT-Yi AND .0:41 'Ma* 001,:.: .13t: EXPRESSLY SEtFORTIIIN THIS LEASE ;LESSEE ACKNOWLEDGES AND 404p pRowil0; TOsITS_'SATISFACTION, THE -OPPORTUNITY TO INSPECT ThE FREMISES FOR ' etNY TO THE known' SUCH PROPERTY FOR THE PURPOSE. TO 'meg LENtot. JNTENDS 00.40704$,j.AND 1$ RELYM.ONITSOWN:INSPECTIONI THISLEASE, AND ANY vsits:..4111014 .414004 01$0)0007111.:44,1X0MNANTS, EASEMENTS, .RESERVATIONS, itEsnIcTioNCW Mgt MArFRs OF RECOJ4O AND NOT ot REMID,APPLICABLE- TO THE PREMISE.Sit INCLUDING KIT WT 1,040 THE STATES br.ANIERACA UNDER THAT CERTAIN SPOIL DrSPOSAL..AND • WAY EASEMENT.DEED.DATED AUGUSTIL1947,AND'RECORDED AT .VOL. 382, PAGE 307, REAL P RECORDS OF NUKES COUNTY, TEXAS,- LESSEE. IS HEREBY' J'UT ON 140,14.1.1.1;4,t ANY 0.03R. -4)4* AND/OR ENCUMBRANCE MAY BE ,OFRECORD AND LESSEE IS ADVISED TO EXAMINE THE 0.-Ecogpo IN tog ARCIIIVES AND RECORDS 'DIVISION OF THE TEXAS ,cpsrgRAI, .14krip. OFFICE, . 1700 NORTH CONGRESS AVENUE,, AUSTIN. TEXAS, 78791; AND .ALL :OTHER LAND TITLE 'RECORDS OF "UTE CrOWY. IN WHICHTHE PREMISES ARE LOCATED, BOT IN AN EVENT. LESSEE 15 LEASING THEPREMISES SUBJECT. TO ALL PRLOR RIGHTS AND ENCUMBRANCES, WfirriltROF RECORD OR NOT. 4.02, LESSEE ACKNOWLEDGES TIIATANY'.ANII ALL STRUCTURES AND IMPROVENIENES EXISTING ON THE PREMISES ON T� COMMENCEMENT DATE,, IF ANY, ARE ActorTED"AS.IST., wolf. 44.1q.'0140 ALt LATENT AND PATENT DEFECTS .AND THAT 'DIME ARENO:WORANTIESt **SS Qtt.tv0130,.0)?,44W•g.s, RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING uroN ANY' REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LESSORS yarn RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BM ts RELYJNG ON TTS EXAMINATIOhT THEREOF. 4,03; THE PROVISION'S OF THIS ARTICLE IV SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE, SI..20110014 BI4enley 2 Kennedy Causeway Boat Ramp Lease —7 0— ARTICLE Wilte of Preniges V....:LeisSee Sh&1 have the right tn. se..ndocenp $ the PreiniaS 'for 'eonslrtibtien, operation, and.nOntentuice tfoon6 h� ..rips : end ptLbIi parking. Overnight use of 'Sikh -parking areas for tairiping shall be.1 hated t tWO.teatationtil vOliklegloext' .per ita not to iketed „tilt etniStClitiVe:41kys Notwtilittatidingliqthing ItereinabOverb the cititittaty;',evatitight.USO WatibliVatkitit veits- abet' use prOhibited, oxtept for Lessee 't Wigkiatitfr .guts arni 1.a.vitees...,essee !wait .:..enfettt This ptotaidoi( .itgaitistoVtrivight se: oat* arcs Lessee may manage .tbe 'parking area by prOviding for teasontibielsarkiiittitiO tat LoolailexisiiiidAesignatiOa 'orisounetpsas. Ay pfopoWed.4haate. in use ot a&ktuna1 usps.allie'lltdita0:4.0t:Otitittod. heitift.are itibjetkle.the pi or -ssottet • approval of Less* LtS.See.'Shall-not engage in any use bathe PreatiseS flOrVOIraSSV4set fotti 1i ilitt.SeetiOn 501 without the Orldr.yditten count of LeSiort, Where peqUilvtl.'h'So 1604 UpproVal 6110.100 1,t-StrItiebt tn. the .ttirreurrealtd-Of the Federul ;High**, AdinirdSttatinn (be '1PHWA1, irteladiti$, but naVlititit0110, optovii ofiho oitioitta And iisetitayTtiet sterage::tariles dis Otisingfadlities:on the Pomises, .5:02,.LettetackitOWledgeS 'and stgtOS' thrtieSitiontiet itseS of the PretniteS :aigt:•salies of Weoholit- beverages on the littaitikatte dot amy otaibrited:_vbigtiori OfthiapreVision Shall constitute an event Of'default "Les-sees..ttse &the Pill/Asa is subj.= to and contingent upon auttphanee'with the following mom:Ms:04 obligattinst Lasted. may feDuiltLartd/or tepair he exiating StritetutWentn"'orited in. thi3: LfenSe. Rot for than tki4,ty,Oki ayt _ . . omptetridir 'of any repair er terionStrtiCtion.of the existing tor:toe/0w% 444.40/50thor tit-tosotom atithOliz,ettPatittdatit.1:0 WS Lease, 10sta shall mcnove onymitd.all,N11440 *IA*004044* withof tct040-0., hrtoo, PVC pipe 1nsa1attcrn, 0o/thing suppIis etc Armn the Premises Lessee shah al all ihnes. daring therm ' ofthis Lease Maintain theStruentres attiberlted herein in good Safe eandithnt; 2. 4ee, -111111, #tifttimPs-Alfrag-tbqtda$0 TOM boldnVer period, maintain all iiimwoutrgN, . aim gopc. .waikways, vehiele • ing Alta and.other iniptovenietts used, Orpatentialbritsed,,bY the ptiblleinVhdrePaitiind satOtOnditintt, 3, :Atly rip ,ap iotaw .01 the ptetAise$ ;hall conSig rtf Concrete block intatiOelrillgbri.04 PaOk etetecovelana:_0100 Doti:fa:13e olkspiged by Storm% and/Or concrete rubble which is free of protmcling xehar, 44sec;:hertiOraelmowledgo and :Agrees that the use of twes vehicle parts, appliances, trash, debris, asphalt, vegetatiort or- ather rgat.eraT antliorited herein is strictly prohibited. 4. PrnpivaShing is Considered a Orin. o dredging an as sotk is specifically prohibited e.t.a Method of croging or, maintaining areas efincreased waterdepth. bnpaCts..0 SeagraSsek,ernAPP011aara}.1 ,E(Pdfor q rrefrara to be strictly Avoided: B. Lessees ate ,of the Premises it subject-fa andtgiSitgont. Won togOianq with thef011oWin'$P041 L Lessee acknowledges and agrees that any inoperable boat, vehicle or equipment Which is, locatedon the pfentiw for more than thirty (50) consecutive ilayt is a derelict item and tnustbe inunediateti removed from The Premises. 2. Less ee. shall prevent the accumulation, storage or abancinnment on the upland and SIIINPPrge4 P,00.11.$ ftbe : Premises of any derelict vehicles heats, trailers, gittipmerit.; parts, appliances, glass„ tires, Nilding mataTinis (including, witheot limitation, undatn fooling, piers, concrete ruble and.wallS), trash or other debris anti keep the Premises in s neat-, clean condition, in keeping With the nature .ofthe:PrenriSes and similarneighboringtrActS„ 3, Lessee shah naintau regular gaibage collection serves, 4sing either the services draw, City of corm Chrisi saniotipp Owion and/or the service of a snlid waste contractor bolding a City of Cot-pm Christi .4110:8/1,r4str penult and shall, upon request by Lessors, ,produce evidence af sad) garbage eellection serviees ill the form; of a contract,,sequentially paid bilis, or the like. C. Prior to any Construction, installation or other activities on the Premises, Lessee shall provide written notice °fall Special c000ktoos to any =tractor mdfoi agent Involved in such activitieS, Lessee shall send a copy Of such nOtice ta Lessorsi 5.04. Lessors and Lessee acknowledge and agree that Lessee's right tO control the use ofthe submerged pertion of the Premises is exclusive as to the improvements located by Lessee or to be located by Lessee on the submerged portion of the Premises and non- exclusive as to any other submerged land contained within the Premises. SL2041-0014 3 Kennedy Causeway Boat Ramp Lease Bnewgley —71- 5.05. Let See.ttay not tiseor'docapy, petmit.the.PrentlaeS to be used ornOttOpied; nd f.pennitz toydii4g; tO be clOtie -Or..0.0. the Prornises in a thinner that WOuld in any way make vOi.d or VOidahleaq izim#40011ien m fore with *peel dteretO,' pr.*. iimpl4 rioikd it frapcitSible.te obtain the Instant* *dirt tltd.he Turn)shetl by 140.S.0.4*Ontler„ 5,06, Lessee. itS, Own. eXperiSe, wiIl COmply with I11 federal, Silk municipal and Other 10,* code. ordinances rules and regidatiimit applitable to the PremigeS, Win WWII and niaintain ligrning..On the PrOrn44.-Ociinate:t0 cot With 'U.S. and Other apletilile regale-look; will Irina, remove and katot sLich equipment and facilities4 414 ruake 4114.41*itiorIS1.0, the pittuses ttS in be tietessary.S6 ecinft will Coin* with sudh regulations as TossPks . ti1010.10410-.;t00#44:4010t000,. eleatilinest arld'011ieehetiltirandlik,onviroisiriental matt�fs, neitiditig, without litriti:00,-reri#A141...di g#1*-4040 aiid pllio-wg1,0i and will use thd,h1Ohosi deg of care All.prOPer •SafettairdS tO prevent -040o of air, soil iind:i#aterin,;ottapd .009110. ic Preffiises. Lessee will nbt Make-fink nfilawfnl uSe,ortlit Pittnisei Ofpennit:any 'UMW* Op-.1:46tOot *4:),;,14:40.-fdookit or petmit 'arkyitifit eiselo tonna.% any *biCh is a isaneer anneyithaesin LesSarsOr adjacent 00,pertroivnert Or :took or.4104 '64)pteebibly damage leSSOrs' goodwill or sottitick or -tend.--td injure -0t deprecate tbe vaiie of the Pt:eitiSet argl/or any linproVernents Ideated thereon li ddifidh tathe . Lsiee at le'es,sea expense, rules, :Order* kirdlinniees, direetioriN regniatiortai and requirements aleder4 state, Coatity,:and .00041004Pliii Ebro or Whieh'innY hereafter be intrOdthatimpose Any ditty upon Lessors or Lessee withreSpectlotheusedectOthipt4,*010010Ok Of' die Premises, inellitling hen .not Milked to the Mental:Ls with Disabi1itie Adt (ADA),, (Pah& LAI 101-336, July 26. 1 990. Chapter l2 TX. HUM. RES, .CODE, -And Chapter 469., TEX. eaVit CODE, In addition to thefOrkOinkil4aSee shall furnish . to Ls-ors withiritVt, (5) dityS of receipt by Les...gee, copies Of any .and alinotices and/or oottts'potidoto 06001 to Lesee by .aft goiattritetital entity btli6t entity 6-pi:ire:in indleating idolation c possible *laden Otany regulations, locy *itboitt, tatioiy1aw or othetegaiitiott -regarding ados Materiarris4Atied bek4).„ 6.117. LESSEE IS HEREBY EXPRESSLY NOTIFIED OF THE :NATIONAL tOsTpuicruSONTIOK ALTO-171*, (PB49-661 80 STAT. 915, 16 13,S&Air SECTION 470, ET.SEQ) AND TIM TEXAS ANTIOPIT(EL$ tOgT C11114t. 9, CHAPTER 191, TEL NAT. RES, CODE ANN. [VERNON-2001 & SUPP. 20041). IN CONFORMANCE WTrH -THESE LAWS, IN: THE. EVENT 'THAT ANY -SITE, FOUNDATION,, 'BUILDING, ;STRUCTURE; LOOM ARTIFACT, ITEM OR OTHER .FEATURE: OF ARCHAEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURM oR HISTORIC 'INTEREST "18 ENCOUNTERED DURING THE .ACTIVITIES AUTHORIZED BY THIS LEASE; LESSEE SHALL. IMMEDIATELY CEASE ANY AND ALL ACTIVITIE*, AND NOTIFY .LESSORS AND. THE TeXA,$. HISTORICAL COMMISSION P.O., BOX 12276, AUSTIN; TEXAS 78711. SO THAT 'APPROPRIATE ACTIONMAY'BE 'TAKEN. 509. Except as eXPresslymnd.Specifically provided thrill this Lease; :Lessee 'May not tworionjWingly perinitiheAtiebrany, Ibe Preinises.for thoblitheactute of flaninrablef ekplosiVel HalardouS Ivlaterial* or. for any oetupation fhat,WoUld be:deenied bY Lessors or FHWA to be hakanlotts to tither:the highway.ot non-higbWay user. Lessee Shell dsofi, on Or arUnd the Proinisesany HizerdouS Material Without the prior widen cintaent dfLegabit, Whichtonsentaball'binditioned LessaA's e.tilitl10110 With all applieshle.focleralv,Stat, e atintST and Ilatittleipal ritlet,andlegulationktditruitigAnch Hazardous Matefial and any EitherTeiittirements of Lessors CCOrklitional COasettr), For the putpOSes o titit.144k., the teini'dituintiountatetier shall voccally elude fuel for rotor vehicles or vessels stdredin intOnal tanks ota tiptoe volliole, yo-$.44 01 oviboatturttitio.00ftetbie. ittel tads with a Capacity of less than ten .0al1ops; rriotot oiifot motor vehicies.orvetscittighaes; including niator oi io COntainera- sited for Mail sales to consumers, eleoiog solventS in otanaillerS 4.7.0 for rutail a1es bo:DoliSigOtt* and batteries for motor .or vessels but shall include, mean and Ivrea. to one ornicre Of the following: A. Atbestos; B. Any sobstance, material or waste defined as "hazardous Waste" pursuant to Section 10(4 oldie Resource Conservation and Recovery Adt,(4 21J3.C:• swam: 6961, et. seq.); C. Any substance. material or waste defined as a "hazardous Substance" pursuant to Section 101 of the Comprehensive Enviromnental Response, Cornpe,nsation and Liability Act (42 U.S.C. Section 9601, et. seq,); 1). Any substance, material or wa,stg defined as a i'reaulated substance' pursuant to Subchapter IX of the Said Waste DispoSal Act .(42 U.S.C. Section 6991, et. seq.); E. Any substance, material or waste lAtith is reasonably considered by Lessors to pose an actual or potential threat to pergons and/or property in, around or on the Premises, 5.10. In the event of Lessee's violation of the prohibition set forth in Section 5.09, or of Lessee's violation of any oonditions-apnlicable to Lessors' Conditional Consent, Lessors shall have the right, at Lessors' optlion, to (i) charge Lessee the sum of One Thousand and SL20110014 B Fiewg ey 4 - 7 2 Kennedy causeway Boat Ramp Lease 00, Poflars-01,000APPPrlay for e.451 pel) Olation .1.9u frn (10):d,aYsOf the :040f 40Fiy iyotoirotoloroo alfirgati. • t•_,001F,41,.Ao.opposit km4 itkt.hsvrfam Damage ..kep.pot=q041 psx.- cppg,„4?,,,?,; 29 nooi and/or fli).renlek-W400:010aikagiem then 000g s a result ofLesecs **Oil #0d Alyvq0 essee ..456.0000,y4t4 Farm 4140t011).10**4;79:1700tti oArtwe wile004 Lease '.Notwiuritinf* Apypypt hnabove to the ccmtmry1. m tbe event of Lessees *004 wsti* Laoeo Root izialation.anditir deelptink, Pope in Ofitdit .00714 Leti*:#.qttire Lessee to *ilte retiteclial4Ctitiri m tintielo '1*' y.ittapr4*.s.itotiop, and Lessee hereby agrees:* Lessors shall be *Ned to etifofektO titgit4y.woogA4440 4:01ila& ,p6rfoOr)040. 41,0 CO.If1 p,ftpuwitegjOi0Ook 1f;eRiikpd•to take. Oft** action,, Lest 011i,**tOz(JP)- 4ys or Lessors not:ice„ al ifs sole cost and tverfsc .toprigapc .aaion as: specWM.1v L-MM19-..retwg.4 afl 1ARANIE41; 111;4.41*. , nk. The tivriisat sof*. tuix ether- pal* lid )5000 .prOpaty:impOto4 :by'1-4spp14 rpl.ope or 404*0,6f7 PY14za*M':1474*k#01:TS4-Onall cnciut stieb:4ork w adootdanlOe wxtb all apPlie4hle State comt and muWcipaj .04eatt034,40 00;is..gOettirtg . . • IN TUE EVENT IASSFAi LESSEE' s AGENTS, OR RORASENTATIVIP, BRINGS OR OVVINpLY PERMITS -' BR1ING OF ANY J]AZAEDOOS mATE44 'tom vox. ritmots€ ,OK lit,51004t$ OR KNOWINGLY PERMFI'S THE DIS?OSAL OK RZTE4T1ON OF Wifis..400.14`.M.Altgl4 'WOO. ON TWEYR01.0.00:444Vioillipt OR IN Vicipxx.pli•f* liMPROVIONS OF T1HSARflCL LESSEE, TO THE EXTENT AM0012ko.' AV' LAW.LiA104.)t$ TO '1015Eleitli1?Y L.Etigolis*,4014 ASO .000,O.ft,k4* 41,?:01,414slitic.00* .enuct Las." Ovoi $040)vo'i3OAgsgt.Okkttittfi:WsstS:100.Xit. OTIIER DAMAGES AND EXPENSES(INCLUDING COST OF DEPENDING ;kaAtist U4 ;Or AfPROVA) �N ACCOUNT OFtLEANIW -ft Kr 'AND A400$00$7 -$;.f10$.40,094rgtOPTitS. liNCV0.04-0.1t diAROEP 1}1JETO TIIE PRESENCE OF SUCH 0;41E044 PROPERTY DAMAGE AND/OR . P100.0M,-1$404.:V 10$ri.04, OR *WOO,. TO .1.44V* BEEN igUSTAINO BY 434.V PERSON OR PERSONS, Op. THE COST (.* REMOVING - ANY LIEN 7.14400 of,r.ofx.!nionsg$ u,isrms tititttort upizi 104-tipv INCILNDES, IM IS NOT LOM'Ef). TOE ANY 1itRquo$.10: ACT OR (*MB* .0 L.OSE4.. LESSEE'S -.04-1141M4, AGENTS Oocig: .0.00.$120010A OR ANY 00% modst..-iit4e00- ?fig 1001t9^ PORTION .111:1014:*; tinigt LESSEE. VittON • 1tiREACKDER::$001f.SOMPIVE TERMINATION OF THIS LEASE :171/10T4ER. EXPIRATION THE LEASE T:Mt1f.04 ettliERVitt§t ARTICLE VL Impositions, Utilities; Not Lease 6AI • impositions 'Defined: The terra "ImpoSitiour Itdatis all tat nstand occupancy todeS, rates . IevieS,ltense, frUncliisa and permit fees, personal property 'tax* ad Valniern-taxes:atid inter -dales by drty:_pOblio-aittbotitit general ad peciat,-arcutiaty and extraWitiary, foreseen and tinforikert, of any kind andini- nature whatsoever, that are'itistessediletrietl; .tharged; confirmed or thposed duringthe Leak Thnti by any public authority upon or that teCoine alien nil (i):the Ntniitek.nfAby part fiterOdf nciludng imptoVeMentS.ifeW or liere6fter 'cbiriPriSititli.patt,thertS4. (II) The aPtritinittandatheretitYirlite'41aWalki4r. streets aditinetit there* Ot (jii) the iand ived i or fth tbe•attobrit:!ofIeSSee frOn i*StibIesgtiei*. fitraiittar or:404ft &the Preiriises; Lessees ObLigitiort. Duripg.tht:Leate Tell% Lt.ksee, will paysil Iroposidbns as and when they becorne due: LeSSof*ill, if:kb *nested, voy deliver to LeSSors evidence Of paYtnebt At its sole expense, LeSSee they contest the validiVtiiiinnatit ltniSositiaivin wiiieh e4e aYMent tuay be.defetted only' .tlertriitibd by IEIW however, iti tio :event. rhayLessee :defer pliyitteittin manner that would allow a lien to be piiced Upon the Prernitet or any part therebf Lessors shall have tO:ritbrtio -require ilsjidoio security ter any,clefensed payinegitS, sufficient to cover tbe iinpositionk intered and penalties. 603. Utilities. Lessee will pay ail charges forges, electricity; light, , heat, :air conditioning, poweri telephone and alitthatoPiWevand siniilar sex-ices rendered or supplied to the Prontises, and 'AM all water rents, so-w er service charges or other sintiltir tharges, ineluding, but not limited to eenrieetiOn.feee, transfer foes and deposits 10* Or -Charged against 01' in Onnaction with th Premises IN NO EVENT WILL LESSORS EE LIABLE FOR ANY (NIURUPTION OR FAILURE IN THE SUPPLYING 01? ANY 'UTILITIES TO Ti PREMISE. 6.04. Net Lease, Lessors will not be required to make any expenditure. incur any 'obligation, or incur any WO of any kind whatsoever in connection with this Lease or the financing, ownership, opustruclion, rtaintetuarice, operation ,or repair �f the prott4e$, Except as otherwise provided for in this Lease, Lessee may not allow encumbrances or liens of any sett to be.plaod upon the Frgrriises or arty part-thereof SI.= 10014 Btiewgicy 5 —737 Kennedy Causeway Boat Xanip Lease OTICLE.M, Maintenanee Ijyf, LESSORS MALL :HAVE Np. UT TO 11.M),MR. pg KMD4 1H pRFAISO .ANY •ThERP:A.LESSORS'SRALI4-.14M/E.NO DUTY TO ..g4priusty.44$.44.piPpgT 10.1 ANY IMPROVAtpt, Lis sha itifiniWit jn gr*, iatt tipOii and tOtiti160,:ineinding the eepithefte Value,* its sole expense and risk fab..•41he pitibrit located Or to beleekted the ?refits* free from WaSte and ranSa444.1*vitledi hOWeVer,Ihat LeSSee bigaticmm thL " eOird as heinafter 06060 only to;t4o.oetiott4t4 kiigimcY Facilt 4 .4040 :a s:41 ieSidt iff=i400et.iNt or the iligftWay'FaCility w iS a-ieSiAlt h011100 0.00004-000144.00 Pi041tht *IOU* .401.0r:oii.. An kWh tintintetienee,tepttit :end* replagennent hall not **fete Viikiit-reditee the level oF *MO tztlw-tfooy Faptht as ockanod by the Deparitnent In 1,0 solo 1:400104: 1140.tooti when 145ea•#11.-0400.14 this 1.404$0 tiea any -present or flititiephOtil reiadiw#: initpiteivbiteld *ail the :1,1070Avian.h4Orling; t apt dtaitiagaitas,:ttiffidsigiials, sit* and roadway tlitfai6siniellabstafancs. 702. es shall, attho.tOlta.tioti r tertninartonethis:Lenk deliver* the..PrentisiA, anti all inlproVoike* there0, eleanind fi7ea ofteaShand in g_obcfrepair *id condition (reasOnable Weer: and teatotoepted), 7,03: Alehtlinesdnring die terra of this Leak, bUthbSO tboototomor do L not iitte the Prenusas Lossee shall be responsWe Zprtbe regal* diSpOSal of OIL. traSliandfol:ieWage aSsopiated With its piik00:tiiis at the Prigniad (lihethei. or .nrit 'Stith trash or sewage is genOttect by 1,o'steo or its oiOtpta6rs 0461 Lesors on iktiancl; any minis expended by Lessors in the' nature of elearling,,SWeeping; or se0i/age.;sind'ior trash retriroial -costs: Aladdititte,iivith=thtilinises aatigiaetoiiiddintilf" and bold LestOrSbattilestwith totpOt to al'iy:sqli pditoti ii Lev.ort.thaybot'ibligafed to PaY„, 704. if theneptirane nt or the GLO deterthind. that Lessee:has falledlornaintain t, Make repairS or rop146Ottiont;o:iitcjqireciji.Ot04 cithdr -ita*Tiofifytessb-e in vititing ors-aid llure. Should LeSteefail to Correa the Sittnition Within the tnevided forintie.tiptiek ether the Department &the MO May notkeAhe tteceasky .correetionzat LesseerS soe liabiiit); aridtestee.610:* but tiot liniited to, the cot oflabr, materials, tqldpinerift plani.and'adinirditration,, Within let daift.:or wepit.dta stittroirit.oftiiti,tat. LesSoritnay,.atUsscitti eptinn, ChoOSe-Otherfernedidiavallableheniikavailabletti 7.05: At any title-daring the tease Terialinitd Upon notiteto.Leske that-is reasonable trader the eireintistatinet„TheDepartinentltiay .t64pirb Lessee to ceaseiiperatieris'On any portion DfthePrerma s loCaied between did-kik* line- as *At en tj hditto, and the John F. Kennedy Causeway (ifiehtding tinder the CauSeWay bridge); -fnr-asloag.0 N toiNotitiblY neceiptyi.44 orirth pnrform maintenance rOairs a estarravdetertnined by. theDepartment in its sOle.discrationl: AR11CLE VIM ConstittotiOnollinprOvenients =SM.. Lessee hereby represents that th e Striidures and frnproverneni �nthe Premier (the 'Existiti#ImproVentetite)Are Within the Trends* Lessee Shall ,not cCinitittet add:it:Waal linprbvenierits upon the Trendies without the priot 'Vita apprii:Val if LesSors, Where rodirdii by law,. npitivtil of Le$06 is subject to the Concurrence Odle .FHWA. Anyadditionallmprovetifenta truist #Vbstantialiyaimply with the Wm:plans and specifieatiOa approved by i.ssors and/Or THWA, tn. AIM Opitovias 3Y LtsSoRs UNDER 'THIS ARTICLE, INCLUDING RUT NOT LIMITED TO APPROVALS OF PLANS AND. SPECIFICATIONS, INSPECT-1019.0F WORK, DESIGN ANDIOR CON&TRUCTION, ARE NOT TantoNsTRuED ASA RErREsEritAnoN, WARRANTY OR STATEMENT ASTO:THE qtrALErt sopNMEss AND/O1 t SAFETY. OF. THE: DESIGN AND CONSTRUCTION OF ANY OF THE. IMPROVEMENTS oNcurpm, wrrHo(rr LIMITATION, THE EXISTING. IMPROVEMENTS) OR FACILITIES -REIA TED T-ItratTo. 8.03.. Lessee will furnish to LC'SSOrS Ma (2) sots of .oillhpleV plans and Speeications for grading -.and all tiddi.tional improvements proposod to be placed or tonstrated On the Prernises,and no Work Will be done Wilhatit„Ptior such plans by Lessors. Where required by law, approval of Lessors. is mbject to the tOttatirranaePf th0 FEW& Plans Mira be prepared by a professional architect or engineer registered in TexaS, and his or her 4igoduLto and mil Must be prominottiy displayed an the title sheets, The plans and .speeincations are to be submitted to die "District Engititerh (as derma In $er,„tiou ITV below) and to the OLO for approval . During the course of the work,. any changes alterations vu# 40 Do stibtilitto4 to the District Engineer and the GLO for approval. Where required by law, said approval is subject to the conentrew Of the FHWA. All construction work is to be done in confortnitY *ith the plans Und spewfiLons as appropi Tice Lows, their employees and/or representatives have :the right to inspect work on the ProloNes at any time duritig the prOgress ,of An* and to make, a final inspection upon completion. Lessors may take any action necesgarY, including dirtoirig that work be,tomporari1y stopped, at Lessee's expense, or require that additional work be cleric, at Lessee'S eXPeasei to ensure-eolliPtianee. With the pans 5L20110014 BI-lewgley 6 —74— Kennedy Causeway Boat Ramp Lease ,nnehrat'=*eifiCationt., protection Of a 11. Oarls eletfort,ts of the filthy4Y- eon:4400o iNith antiaitieV:Standarda: Any .inti0/..tttrien1s withput imtation1 the t"tiaPttgImPT0-Yetneltt) are ti be,44goed -and' 040.ttitt4-tO Permit tiecetS to the 'plitty reaft 'f6t; the **se of mpcticn, maintenance Ant cloosit*.citic0 when oar.,casn6,.040-skabiOns 4ntointill40_1?y, POP4:04401:41.4qis.0;1!1ip, -c04 Lesieei* oWn expentetall•pl,Ovide for tIetor.s, bar:11'644 Warning sigrit, pat* fin paginen and. groi -Othersefety. inetiStiret.os *deeined. necessary Of depliabie by tbo Depart:n*0in tiit,aot an *001 ifelfetilayatid Ogesiffaxt,. tfaffit Wiiile-;cOntifectiOn;- tnainhinginee, repair Wet* iiititer Other related ctwifies jai 619 rimproiletnet4 (irichtdrit*ofabOtit -e)zStinglppinyenienial it hi prOtrest,7 r)-40 And descriptions. mreespites: Thok ie 60304 in 41*-Ffigt illidOOM000115 Aet-1:0-0-11104 for approva1 14 Fittriq*xl.rfnt00100# ittaintennttee, repaij!.work or Mated.,neettity,:if betimes neeettary r detirtibli-.:i0, Modify u6),1 iraffie control measures, prier Written dPriqvaingst be •obtilited fteni the DiStriet.Etigine'eh 4.05: A. Within Sittg60).. days theia4liatfot.or earlierierMination of This Lease Lessee'. Shall .reittove7ai dr! any portiou orlhe:ROstintlin0f080100.110441001,filleintionsntudier plturOs.thett.qisting. on The rremites; rea-Q.e all .detit.4 restithig 'front: tech .140041'0 .leavi..00:10toid'flierOttfore oce4led hy *ph m»emCnts hit sate, conditloe, 411 sueh work te he done as promptly lktid 0x.000000 as it reasonably nviot theiteed sktFy 40.0). :Pont to etinnitenelnktettietal nitt*ftiett Lettattintltahntit plans lbr WW1 removal terivItlet tki the Dsfritt kngirtieriinifto the ,01.4); Such plans Iii'd..0111404t to the written approval of Lessors prior trithe commencement Of OW roinoial ofan y linprOyentehts: 13. Ifteitet• halt Lj enariply.with.Seetion 840 4hereimbovC,Le.t3ors shall 'have the option to:. Dionottib and .tooloye any and all-ingirtivelnentsIlnehtdingi, Without llettitatign thivaitting .L400 At Lessee's expenses and Letiee. that:pay- 111 tosts Thereof but nnt limited to, the.: cost of mateiials, equipment, plant and aditilitittriderii And any anti:Jolt 'nit:tweed by Lester* hit attemPtiatioleffeot thereof within ten 40).40 ot receipt o tOtOtherit.01-Sifid teals titre lAtitit0f4. 2. Msa me possession, Ownership Oral 0Mitt-01 f the. Preinitet arid the improvanients Qhthsdhig,. itittiditt gasting: Iiiiivoitemekt*.thereon... 8:06: Notwithstanding toy-provision ofthts Lease Whkh,pennitt Lessee to &O1, alter; model Or renovate the adatint • tent s. on the.Preinises, Lessee shall not "redevelop!' her4inaft9e defined) the Premises *idiot :the prior vitiften consen f LesSors, WhicheOtispist.titarbe :granted �r :n :Lesors1 sole tliteretioo, Where required 4i,.10,:aiiiii:Apppo41 is -tojitt to the oentatrenee :Of the :FHWA, .13y way of example and not by. way of litoltatiek,att eOndition.mveitiottin$ tledevekpment & tile Pteittis4. Lessors may retiOre: (1) revisions ta 'the rent teruls . of tins Lease4 .(2). tdtmistriietioo..--tott Operation :Mtfit Premises withih a lithitettperlod etinik and (3) renegotiatiottapatt or -41 of the, tatitsvfliis.144.sk M used llredeler Meant-the'llitattinktikthe Dasfief hilptokettiatsvoil the Premises -(o1' tit1)ktOefikeprovettieAts :authorized:ttorsoiottothis Lease) whioti'ehatite thietatoit ,ofitho§e ittitovetivstiti.fr#01,the use or uses tioarially set fortion. Section SAL Lessee toy, without angagin m redevelopment, remodel, rebuild, . rehabflilate or :reraVate the, .tigirtg. InipWvemetits {or any other itOpieyetialits authorized pnrtnatittti ,this ,..Lease) so brig as The iMpixivenaents:qo petinitte4 by Section 5::0.1 of this Lease, and WiOng at such remodeling, reonosittletion; rettabititatiott or feigiVaticiti 41411 not itatilt...in a . Violation Of LesteeitObligatind to .opetiote the Preittitetat'tet. OM in Artieie y of thitLease. 8.07. .1f Lessee receives pir ti.apivai .from.LeSSOts to ref3eYelOp the. nisoS 11 plans, eosnetioti 4oettthents asd speiations foi redeve1rnent most be flottiibeti to the Distria Ettgloeer and to the Ow for prlor writtetl.applovei. Where, required by law, said approval is subject te.the.e00.0.rteose of the goth Tedeveopatot Toot to:hip:1y with ,ait other Wins; eondittons, covenants and performances .contained in this Lease. 808. Lessee. covenants that any intPrOvententt 00,11strneted 0.n. the ,Premises (inelnding, Without Olfitation, the Es.i4ting linprovements) will not at any ditto during or. after tonal:met* damage, threateoto damage, inter.fere With, ream the level of service of or.otherwise adversely affect. any part.or.elernenta the Highway Facility crate operation thereof as determined by the Department in its sole SL20 ! 10614_ 131-lowgley 7 Kennedy Causeway Boat Ramp Lease —75- 7 5- 8:09; Corittruttitin Standar& My and an improve/Acta (friciuding, Vt.11014-lithh:ationAhe Exis 1itrieritent9 stiall be tOirsituttedia-nd.atroad alfillteratio*„ Yetitvitioris repattw— trefiirhishbiont o'r.otherlitiotk frith rtArttlieretn:0140 ift ibtfirdarine thiefelldwixig traction Statidattetettin 0*f:omit** dk. A11.111611 tonstructitth Or Work Shall be"Perfortned in a good, Worionantilte manner in ababnianee4iiit jj ifiditat.y. prattle:ell* the type Of-Nile& in tptestion; 13z MI Sigh ebristroctida Dr-Work Shall lie done in tbinpriana With all trkilitablabitildingtOdea, ordittaiteditidroth4-itiwt rules lire& rtegulatiotwe govtiataietitill tuthitities.haVing jtitisdietift .C: Lested: thost :obtain an required governintrital liCensek pmtt ahI enthorizOlions. prior to, beginning any %-iinti construction or Work; To .thee)dent allave-d Via% plitit th conntientenient 'Of teriStrtrotiOrti _Leak& ;shall htiVenbtained'Ond LiAted Shall thereafternialbtairi) in forte 104 effect during all -tofialfuetioni insirranceernritrage-in the aitiouniiietilifth reSp.ectio the type.OT etinStriretioribr vork in guestiorrand furnish oiidetted of Stich insurance Lessors; R. A ftet contintacettient bf consthretibh; :LS et C.Ove416nts and -agrees that Midi enhigteut tinn r work:wig e xtigichited w1tI ,dpedifigenee tO it cOmpletiPn; and LaSee is siskly. itoOnt.ible .for,tbeetiog and adheting to the .atkive bOottrOOli011 ApprOal of construCtiortitiotUnierits: , No, ingatoverneritsi ;Jitter hm iag, 04144:alid Other inthdOntal opOrildtVarlditg -.hat related iinproYertients ta nonShicted br -maintain.ed bet*een, the Building. L,we and the ,southattiost lose tract litte.a5 ,s,110kri rn ottothoi Exhibit "C!, ARTICLE X, Liens 9.01. a is. exprely anknowiedgerland othatLeorsdo tint enrisentleOttd Jive mit by the .grrePuilon and-tieli*y.ofthis: Lease. 4�11s/td to the impoirtipri d toy lie4-Upon the rperpise4 by any party 00000er: LesSee...Sliall nig:Suffer etontit. Any ttiodiatticiS Bent or thar bobs.,bo bortleaagainathe fed,oftlie PteniiSes.or.autpnetiPti Cho14-utm tke Pronties,-nt_ against ,amy of the Iniproveruentk on th e Pittil5o by reason of.aWV`Oki labor, Servce r thatetiat::Stipprlied Or &tainted tO have beriastipplied_t0 Legpi0.0 anYO1te1010i0g the fIVIIISOS Or AnypattltitrOallirO10: or tocio-LeAse: ' Olt POSe of the filing crf any snoti, Bert, LeaSee thall initodiately thereupon asettarge the OW by moolt, wobrug or otrigtioso, wt m 41 evots ptipr tolitoctitmipmtm-twto$: Ifler441 rn 0.01twebt II:an:v.0 Strati enntirrue bpiottil The emilt4iiv (it tifketlegee's 1-00101, orri noticelherent Lessors .s11all iltlyb'Aile:riffit,.butl.la the Pbligatietn at Lessorl' optiott, such Bill $ Lesseets..sote:cost and etsponse,lind in sudtt Otenli.144See shail Mimbult_e lAsSOFS.Ibr such cats Within :to .40 4ey,q f reOeiPi: of n statement otsaid en* trPrri Lesspra. %.(0,, 16 addition to the foregOing, Lessee shall frirniSh'Io Lessors within live (5) days of receipt by Lessee copes of any anifidit MifiCes'an(1/0r oOrreSpOodence,ditac;ed:to Legte. by any perom-or entity a]1egrig the tOt.I.Oi or OOtifYin.g Lessee Of the OilOg, ot -any tnechapes,Materialmanis QT other against the. foe of tbe Pieniites. Lest.forther covenant s and agrees, to tit eeit alletwed by laAhi to PrOlOcti, *dm* &toil aM hOktfOnilleSSIAsSots fror4.4tad egOnst ab bila aid tIaima. bens tuti;1. 410 k 144 for igibOr and 1.04.005 and lrobitece, engme&s, CothWittet and SiboOthittOtOes OtairriSi and all :fev, elatms- and ..exmos 14044 e the =1151rbeti911 and ompktion cf=y Wm/etnen15, includit*witheitt limitation any reasonable attOrneYe fees.wlich In43,17e inputred by Lessors in connection therewith.. .121s1Pe shall firths)? Lessors„ upon Teguest, roceim. and releases, which are aCoogiAbie to Lessors, from al t M*4011140 front wborn any is obtained by Lessee or by anyone 'witting .through or under l..essee, for use in the linproyentents autlittrirztt by this Lease and from all connactors and subcontractors, to th e and that no liens of any character may be affixed against the Uwe's. leasehold estate created in this Lease, except those provided hereafter. ARTICLE X. Bonds 10.01. Prior to commencement of a construction project That costs in excess of Fifty Thousand and Islo/100 DoiIju (00,000.00), Lessee, at its sole cost and expense, shall deliver to Lessors a performarree bond or other security acceptable to Lessors for a sum to be determbied by Lessors Wed on the cost of completion or removal of proposed improvements. The performance bond must be issued W2011.0014 8 Kennedy Causeway. Boat Ramp Lease Bliewgley —76- by4 tin** hanged the Todd Department Of Ingerance tad in a: form lint*ptabie ti L6*Ants. nitulinglb0:14VAIrt .$iikpeediniatice bond Alan be for the pikPost of guattliteeirit full and proilipt,;:pgattnallbe of ail -ecinshuttinn;.*.igrk and I1 pr0- .0enitudpeartante oral elairriatits4Upplying labor' &idler niaterialt • in the ontince OfthetettlettelittritOrk4 ARTICLE XL .Siglis 11,0L, Afl.sips, diiplaystr devices placed on thePreinisa§byLeSsee shall. haVepfiofforilteb, approval by tbteityoNorpw.0* ..th6:vtaittitier Engmeur and the GLO, tirid Shall be Mt:tided to those indidating 0.Witership. and :type of activities authaatad to be tatithitted-tititht:Pitrnisas, inaltiditigirbffie tontrol. Any sitars igns, displays orsieVices•that 'kw :teutotin te:diis'pata00phitigtyhe :rernoVedarid dispOtedabY Lessors .tat Lessee% expense., ARTICLE tL 111.1111"Ant.0 and Indenthification 1101. 'COMMetorit tsar-once Lessee ees 14 requite that its -cOntraciOrS limes WIAO-tOgi1V4 :N45.0110013,- reCoilitnetion, repair Or Maintenance &the itnprOvethentslinritig the Lease Tett% Thtloptroit$, ntinhoOri•:insttrote With: ea-par-ties authorized to do buSit*a in the of Texas i: prate Lame. and 1405$0..rsi as an 440001 :4104r16.$thst: any sU -clahaff.for•ituries to persons eilatinageto prnpertyi as a result or arising'ont efsuch construction, alteratiOn,retenstructiOkitpot tr. inaititentilide-Of the ItepreVeinetts byligsteithritrattOtt: Werket's totripentatiestos revitettthy Ttxts- law 'with the polity endorsed,- where reasonably avidlab10.^id-eamakr of-Ahriigatical as Lb 14e8seeentlilASors„ andetripleyieS.liablik itlittrande -Of ileflt8S thati 'One Milffofl an1 rio7190 .,Dollart ($4000,0011.0)(ortlie Statnterity-requiredmium if higher) for eadb accident .13, Cennitettial eri . ai llObility insurance .thaluding iridepeadent pet-10MA "toraploted. ;oal o ,00m4040): • Wetittawly msuru eifth tntottettir'S liability fo r bodily ujnry, Vended to.inclutle.perSonal coverage. and or damage to property cif third4laties,4ith ,ittsureilte whits -41a 1p1S-thallthte:ginto*0-4,14-0190:04ilor* ($1,00(0.00.00.). With tetpettln bodily y tr.deatit to•-•atry mitubor ferons in :aay orte.:accident or occurreocelp4. not toss than .0tit •Palittii and No/100 Dollars ($1,411/04080411)- 'On respeet to prnperty '.darnage 'in. any .owaocidont: beentiate: c. 0060,aoallye.lottorto1ip •tor* 1iabUty itiMitarice• cOsiering.'oVynId, 414 04d..04,00.0ti cth IlTnit5 OT*1), Hundred rifor...Thontand: and NO/11,9 Dollars ($2,59,09049.) 'OA* Person akid 1h.1 and Igot1430 Doan (S500§01)0.-00),..each cedurrenee,-'fer bodily injary and Olie ligodred .Thaaaand and Nott0',Aollam. (090.,000;#0,0c)kotottrreatojorproportydartnage; such insurance to Include' coverage for loaciingAnd -unloading lwards; and a Dating too:truetioit ofth litipNven-0445,and tIuiingnojor al*M5PM theMA 1-4P0,01111(trtP4 SW:441.0*41OreOtr: ex�s liabdity covatoge tau* the totratter for an Atignint Of not less than 904 itlifflop and Vtglark ($1,,000000O)oonibittod $inzle limit bodily injury and property damage iiability including death, lit aglipn to thpfitokty: overage required hereinoboVe: Lesswet. Lessees contractors inwtAlso abbin„.0 np tor.(10 4.,5,10m,,Niki0r if*AzOte, AFAMSt losoes resulting frorn tire tttoded etrittago, vendalistn..4nd rnalitinns. misth.14 ia an gnaw opal to ono hundred -pomp 021050 of the insurable value of the constntetion 'work, -completed ,vaine form includ*3 materials delivered and labor laeftqateti- for w�i4 `1401 PoliV /141st name Lessee, Lessors, the contactor, *pont-rectors find sub-rohcOntracto as lo.sS pare8 as their interests may appear. The liability insurance policies tonttired herein past name Lessee and Lessors as an additional insured and must include waiver of subrogation Indorsements in f0verinf Lessee and l.essors. beheroi Pray' A, Lessee may provide any insurunoe required .hy this Lease in the form of e:hlanket:pacY,:13370videci.th*Lesseecatapiles in all res.peets with the insurance provisions of this tease and 'farther provided such blanket policy is first .approved by Les.80r8 adesplete b meet; the insurance requitement:8 set forth herein. Lessors bore* releas.e. Lessee, and Lessee hereby releases Lessors and their respective officers, eget*, employes and serVants, from zulY and all elaims.ior demands for damages, loss expense-or kitny to the,Pretnises,ViberltaPrOVelaents; or to any other property of either Lessors- or Lessee, as the ease rany b4; that are cauSed. by or result froth pnd1s events happenings that are the subject of insurance carried by the respective parties and in. torn at the time :of any .stteti provided, however, mat such. waiver is ,effective only to the extent pennitted by he insurance coVetinrsitch loss and to the extent such instnince is riot prejudiced thereby or the expense of such insurance is not thereby inereased. 8E201 10014 BliewgIey 9 —77— Kennedy Causeway Boat Ramp Lease 12m. LESSEE'S INDEMNITY, EXCEPT FOR THE SOLE NEGLIGENCE OF LESSOI S FOR-WHIM 1,gss Q _A LEGALLY LIABLE, LESSE 'WALL 'IOTHE EXTENT ALLOWEI BY LAW, INDErlIFY Hop.. Aghiticti LESSORS„ THEIR 1IESFEGtI`YE SUCcESSORS, AND ASSIGNS A D THE* .RESPECFIVI R PRESENTATIYESi MEgs RS OF THE TEXAS TR 4NSPORTATION COI S$jON • TAO TE' X4,5 L M i COMMISSIONER, TIRE ED1 RA.L HIGHWAY M3MINISTRATIQN AN") ITS PRESR A #V , '. '&AC`1 xAND EMPLOYEES (COLLECTIVELY, '7NDE,INIIPT i�D� PA ;RTyIES ")� FOX FROM �AND � ,��+GAtNST , p' *+D L YROCEEflINGs, SUM A O S �S,, DAMAGES amours, L1Ai.>�LLITIES, L1ENSi , T ��C t-4t AWM S .Al O EXPENSES WHATSOE+ VET; .INCLU MNC, WITHOUT LIMITATION, STRICT LiAD.IL `Y' r CLAD (COLLECTIVELY, "CLAIMS "), WHETHER SUCH CLAMS ARE . B~Y' LESSEE,. Ems__ . I t1r Rl AGENTS, REP'I ESENTAT ' ;ES OR BY THIRD PARTIES, THQUI' L7MIT �OVTIU Mtm AUSE OR ..CA ES. T REM' OR TIME NEGLIGENCE OF ANV PARTY R PAR AND R1,G • r LFSSj.OF .WEIVI'I1ER SUdH CLAIMS ARE CAUSED. ECTLY,la INDIRECTLY I# TH .. EI�ICE I;I+` I, R : THAT'MA•Y BE BROUGHT OR INSTITUTED oN ACCOUNT OV OR (ROWII G OITT:OP AID ,00-AtiNg1RIBB . o1 DAMAGES; INCLUDING DEA'T'H, TO PERSONS OR FROPERTY' REL4TIINTG DIECrLY OR I OIRZCtL '.TO (1j THIS LEASE; (1)) THE CONDITION 0VTE :ARBMMI1SESI1 . ARTY OCC13RREiiCE IN, VPQN, , T olt 'RG 'FITE_ PREMISES OR. ANY PART 'THEREOF; THE 'C'TSE Olt, OCCUPANCY OF THE .FRE tS O;R ANY PART TH:EREOP; AND /OR (V) ANY .CONSTRUICTIO ' AND RELATED ACTIVITIES BY L EE AND /OR I.ES • FE LICENSEES, NVITEE$, AGE.41TS, CONTRACTORS, 1 RSENTATI�' ANI EMPLOYELS TOGETR W ANY AND ALL LOSES THERETO, INCLUDINNG, KIT 1'IOT s 1 Wig, ALL COSTS OF DEFENDJN< AGAIN; INVESTIGATING AND SETTLING TI CLAIMS. IT IS THE R'ESS -HERE ..ED 1T S BOTH L SSO AND LESSEE' THAT E EI INITY ? VIDED FO R IN TIRS keTIO 12 03 L E S S E E TO I N D E t AND P ° O` CT L CBS. FRAM T ! r NS ` r :E CES .OF' NEGUGENCE WHERE'THAT1 'EG:LIG'NCE IS A- CONCU.RRING.CAI3SE OF THE 'MA :AND ALS0THAT THE a'+I: ITY SHALL P ` OTEC"I' LESSORS AG ' " T CLAIMS (W STaCT LIABILITY INDEMNITY PROVIDED PDR1 IN THIS 1 03 -5 : HA. .E NO APPLICATION TC) THE CLAM- RESULTS FROM THE SOLE *MAO OP LESSOR LE SSE SHALL A UME ON BE ] [-p p THE. INDEMNIFIED PARTIES' AND CONDUCT WITH nut DILIGENCE AND IN GOOD " ITl" THE DEFENSE WITH COUNSEL SATES ACTORY• TO LESSORS, OF ANY AND ALL CLAIMS AGAINST 4F E INDEMNIFIED PARTIES; PROVIDED, HOWEVER, LESSORS. MAY, BUT HAVE INC OBLIGATFON'TO; ELECT TO CAUSE THE ATTORNEY GENERAL OF THE STATE OF TEXAS TO 1N1 ERVENE.OR ASSUME THE-DE.1l`ENS$'FbR LESSORS. AT THE SOLE EXPENSE OF LESSEE. MAINTENANCE OF ANY INSURANCE INCLIINC HIJT NOT LIMED TO THE INSURANCE REFERRED' 'TO IN THIS ARTICLE XkI OR BENEFITS' PAYABLE. UNDER WORKERS COMPENSATION ACTS, DISABILITY BENEFIT ACrs OR OTHER EMPLOYEE BET Ac1'S rims NOT AFFECT LESSEE'S OBLIGATIONS OF INDEMNITY..) EssEE WILL HAVE THE RIGHT TO CONTEST THE VALIDITY OF ANY CLAIMS, IN .THE NAME' OF LESSORS OR LESSEE, AS LESSEE MAY DEEM APPROPRIATE, PROVIDED THAT THE EXPENSES THEREOF ARE PAID 'BY LESSEE, OR LESSEE CAUSES 'THE SAME TO SE I'AID BY ITS INSURER: NOTWITHSTANDING ANYTIIING HEREIN TO THE : CONTRARY, LESSEE'S OBLIGATION OF INDEMNITY AS SET FORTH HEREIN WILL CONTINUE BEYOND THE TERM:OF THIS LEASE. ITN: THE EVENT LESSEE REM#INS IN POSSESSION OF THE PREMISES FOR ANY REASON, OR IN THE EVENT LESSEE =HAS ANY FURTHER OBLIGATIONS UNDER THIS LEASE; INCLUDING, BUT NOT LIMITED To;. ANY REMOVAL REQUIRED BY LESSORS. IN ".Tin., EVENT LESSORS EXERCISE LESSORS! RIGHT TO REQUIRE LESSEE TO REMOVE ALL OR PART OF THE IMPROVEMENTS, OR IN THE EVENT LESSEE REMOVES .THE IMPROVEMENTS, LESSEE'S INDEMNITY WILL CONTINUE UNTIL LESSORS DEEM SUCH REMOVAL. TO BE COMPLETE. LESSEE, AS MATERIAL PART OF 'F RE °CONSIDERATION TO LESSORS, HEREBY ASSUMES ALL RISK OF DAMAGE TO PROPERTY OR INJURY TO OR DEATH OF PERSONS WITHIN 'THE PREMISES, .EXCEPT THAT CAUSED BY LESSORS' SOLE NEGLIGENCE, AND LESSEE HERESY WAIVES ALL CLAIMS IN RESPECT THEREOF AGAINST LESSORS EXCEPT FOR CLAEMS ARISING OIJT OF LESSORS °SOLE NEGLIGENCE. EXCEPT FOR INJURY OR DAMAGE, IF ANY, CAUSED BY LESSORS' SOLE NEGLIGENCE; LESSEE HEREBY COVENANTS THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE. OR RESPONSIBLE FOR ANY LOSS. OR DAMAGE WHICH MAY BE SUSTAINED BY THE GOODS, WARES, MERCHANDISE OR PROPERTY OF LESSEE; AND /OR LESSEE'S LICENSEES, INVITEES, AGENTS, .CONTRACTORS, REPRESENTATIVES AND EMPLOYEES OR DEATH OR INJURY OF ANY PERSON CAUSED BY OR RESULTING FROM THEFT, FIRE, ACT OF GOD, PUBLIC ENEMY, INJUNCTION, RIOT, STRIKE, INSURRECTION OR ANY OTTER ACTION OF ANY GOVERNMENTAL BODY OR AUTHORITY, OR ANY OTHER MATTER, OR FOR ANY INJURY OR DAMAGE OR INCONVENIENCE WHICH MAY ARISE THROUGH. THE REPAIR OR ALTERATION OF ANY FART OF THE PREMISES, OR FROM ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, CQNSEQUENT1AL LOSS OR DAMAGE FROM ANY CAUSE WHATSOEVER BY REASON OF • TITE CONSTRUCTION, USE, OCCUPANCY OR ENJOYMENT OP THE PREMISES BY LESSEE OR ANY PERSON THEREIN O1I HOLDING UNDER LESSEE. SL2OI ] 0014 ] 0 Kennedy Causeway Boat Ramp Lease 33Hew& icy _7g_ 1204. ..Citstial0 Less. thilthsS totpressly prOvided e-therWise in this 40; Ile damage toffielP:retOiSeS Or 4p1PRP.19. 9r gle.Strugfien ariy irnpreVeMEnts erected or .0a* at-the-NottliSts 01011 fn inty Nytty-*Itet -ac et Or410difY..Les400, O'hligationk berg-10M ii4p44 speeificaily (but net liniitecttio)LessediOhligaifrenS0156retklinpOSitiOnsattii other ifthan04 obligatiw1erenaciaril4Iftmeagt atiS,!'dainagt-te the--PrentiseS, Leakee-Shall'O give immediate vtititteri-ton#-ollhe damage Or 4estntchon4 :Passors.,..w1ictypotl4v4.01 !incltide. description Of the damage initi,.-aslar as 'known to 1,464e6, the'catiSe of the dantagejand lalte suckapttignms.'..mai be Wider appIicable-rtiUtlicipal ordmai1be and other 'IOW's, rUlas and regulatiOni with respect to any pia donage4T40.uctim etsed shat alse be Obligated le prernptlyqtrnoVe all debris restdtirtg frern-S0611 daritage-'Or deStrtictiba 'and I* sueli 00kgrAols netOSSary-tn‘ plaea the Prernises. n iitteat tab- conditicm 1fLsse failS 04'01001j Streit debris OF tale Suelt 000.4 j aogessaty;to place the'PrethiSei m a,aafe'ventlition wthm Sikty (0).daya..frilloWint4slith damage or destruction. notate Obligatieti) to do s, whereupon Lessee shll be-liableto payleSscitatiPoif derriand1 the,OSt net eVe17.0f-itIOrred' Lssors it Siactipliiiiing„-stteh action Any failure by Lessee to Mile such payment to LtSitzg-rnay'hOlreated by Lessors as a d payalentbf fent da,and Wihby Lettao.hereunder, 3.2,05. In the eventany Iniprovernonts conSrmeterl on the PrerniseS is,damaged i.7)r dod by 'orotliers* 4 nitinstirance proceeds shall be 'paid to Lesseelind Lessee :Sball,:Within ten (10) days following such dilate or Oestivetion; i0thS Lessor Lestee,s intent .to either,. (I) repair and restore the IntproiementS(s, or (h) laminate 0.Lease and retAnk§:gfiy: Ocri.ipArtOverri.0 ,andior debris resulting Trent such .dattiage Or de-Strut/den,- leavingthe Pre fria eleailf sakcollditiOti. In the.-Oent,P*see eecs to repair and reconstruct the ImproVements(S), Lessee shalPoottunance.reennalraiction'and.repak work .prornandcarty. fe01;y:iird,sueli writ diligently until 'tbnipletien m atOordante 'with -aria :gulajed fo. The terms and provisions of Artc1e VIII. with )106. In the event Lessee eleets to terminate &it' Lease Purstuutto &Men' 12:05100441 'ioStirariee *ebbed : althe the 'lady of LeSsee;-prOvided,lioo,aver, Lessod-shalitStslich proDoids; as neOessiayi to perform its dritieS and §aii.:,0‘ 0.101*-00 seetiaa 12.07 of this Leae in the -:eVent that Lessee fails 10 .give Lessors !take of Its intent to tettriinate-glik LeaSe-ptirstran(tO Seetion. L1:05 hereof,: then Lessee Shall be henndand obligated =to repair Arid tecoristrtictibe Premise's .0S set *eh alkive, if this Lease is terminated as a result of a Casualty, Lessee. Mist retnoVO aH IniproverrientS arid' resto re the PrerniSes in aceordanbe with the rogniroment$ boreiri, ut Lesbee's eiVellSe. Within ninety, (90) 'day'S Of the tobtination of the LOW, Th i re4tiiromenis of- this Sr.tiu t 12.10 Shall apply oetwithataitling LeSSeati tee* of a troll piteood§ frOtti anYinlittatied pokey, Lessors will not be liabk.to Lssee for any etpense due to the desOuctiOnandfer ftconatration of the Kama* tile.;irapteiveittnit diown, at any personal property 110d the. resulting from fire, fiend, 'a ebident or tither eV'eritt 1.1 the Premises 9T any iroprovetnetitS thereon (lOolading,, without. 1ithittion, the 'aisting linprovernetitt) are ileglii0d, Other in whole or m substantial Oh,: by fire, Stem or -other casualty, .ttid tts.a.Ittliiti th the sole oriitibif al' the Eleparttnen4 threat to the safety ef the traveling prublit axists Leasen ltgreeS. support and ON:oars& in any action the .Departiterit406MS tieteSSO1 t remove salt a threat If Om ftood. aaident or other event thithages.thO Highway Fitility,:Lottet will, iflitter, • tomporatily stbp using.the Piterrilst1S'andior any ititPreVernentathereon Esti4SI1prOite1nantl thn Department will use all reasonable tittanS oda ts coritrol to tkeividetdir t14010..aM1 tunely repau or kezbatitietieti to the Highway facility or portion thereof that hat boon. damaged Lessor S will not be liable to Lim* for 1•',Aittttilinout :. tir inteparenee with Lessees use of Oro Premises and/or an$7•''iniprosniontt th000n (xno:hiding without Molt the •133iigtint improvements) 4ocause of fire, flood, _accident 'or Other event, On frO111 the oisakiiig Of any necessary 'repairs' Or roainftttidit to any -Highway Facility ARTICLE XIII, Transfer of Interests 13.0 I , Lessee shall not assign this Leaseor sublease the,:Promlsos.or any part-thereof Or mortgase,p1040 Or hypelliatateitsleasehold interest or grant any concession or license within the :Premises or puNeaSeahy .93eratiitg deparlinent-theitin.Wirliouttg,expreSSOtior written consent Of Lessors (said consent may be granted or denied- in Lessors' 'sole- discretion, however, _ in the ease 'of a proposed sari said consent .s-hall not be unreasonably. %Obeid, .delayed, hat pOncntit.n.Jetl, and if said opsot, Iraq; is not tiolivoita to. Lesee Pursuant to Section' 17,0I within I 0 woriting-daysof recipt by Les§A.Sold tOnsentaball bedeettled.grargekeN1 any ow:tot to do any of the foregoing shall be void- and of 'no -effect. In the event -of any such attempted assignment Or attempted sithlease should Lessee, m any .other nature of transactiort„-permit or attempt to permit anyone to ocenpy the:ft:en:OS.00r y portito.ttiereofl Lessors shall thereupon have the right and option 014 not th0.0Wig410TO to Pgni* and terminate this 1,400:.eireott*tip0401100(1$) days notice to Lessee given by Lessors at any One thereafter tither . as to the entire Premises or es 10 only thq.pottion theme, Lessee -shall have attempted to or sublease or otherwise .'perrnitted.sorne ether partys 00c4tmoYi. an4ifJ,essoj s Opota-p.atwO, and terminate this Lease as to the 'athresaid portion of the Premises, then the Rent (hut no other _charges) as to ft.,m4h-de.t, pr the Prenliscs shalt thereafter be reduced as determined by Lessors-. This prohibition against assigning or subiattirtg shall beeriest:rued to include a prohibition against any assignment or subletting by operation °flaw. SL20110014 Eliewgiey 11 .Kennedy Causeway Boat Ramp Lease —79- 11 7 9- r102.• P cpposes Of I:hit-LAN*, the phol,* '13orroitted Sobieve" irtp.T3 And' rOt'er to the poblease of ;toy; oa,of the Pieritises tioteteeeediOg Ten Pertetit VON Of* ,trifalAttare *V of the Pr!*..q0 t nnr third pdy,„,pgyift,d, Itcpwemitirom -mat. Oableage.by,Lekstioshall be a Pednitte0 Sublease befenadefatileOs th ptp*i0on$,,,af *.$4blease-are stthjeAlo this LoopIott ate not in any wa inconsisient with thls Lease, and (ii):Le*ei 01ilaiiig. gable o LesSer's for .all of Lessees 91Aggiona pier 16a46: The forOgOint.shall tut he coitttualis.an bk-ifanalion Oft* nse clause r 4:tha probiloition .aminstAAbretiing rth SeOtion 1101, MIAs Leak :100100 Or .e PrerldSO4tesnliciased 000*f1n*bolc the event Oftte,Ittortgage,pled,ge.:or. hyft:otheeatieit ,cff the leasehold intrest or Ont of any epar.eriaka4 ot Icense within 4110- Pyrgolpek i;!_r irthe Pr@ITI.0041Fg-,t$49:00, mfiitsie or n piiaDritttiyori6btlief than Lessee,: 4060 may -OeVertheless collect 'rental futit!.the Sublessee,- rOoqgagM.P.IPOReepailyto-,- whirn .the;letiSelica inteitat WaS hypotitetitte& toneeSSionee,nr licensee lor3Odler oceOparitand.:ap* tliP11.0:4FT4pt collecte,d to the rent fiditinidd; but no .Wdl'idta4aatinn or 4611400 ;If *tit or apptication thereof by:topra, 4411. jig. **,,a..waiVer of these pitiVisittlitt it release' Of LOsseefrorrithe furtherperfoiMatiet by Lea*. of its covenant, duties and Obligations hprenhderr. 1304. "hi .finy ease Wiett LeSaors.tonserit to ;ti :Sublease Of the leaSObold, Lsee i11 igerOixi liable Ale* spntninaplyffaate:. 4aVenanti, digit* and -obligation a herein-11er, inaltzling;-wiikat alkatlanto pay aty0040 herein prv1dd it be p4i4 and any indetrinityprovis$nrprtivideditiel4,.611d Hi.i.iSbri Will have the tiglit-to'clifoNe tepnwisinns oflns pease against Lesieg.. and/or any stiblegetwitlanit demand open er Ora..ea-ding:in any:way-4a* ay *et perSOrt- or .eigity; provided; hOweVer, Leisor:s: aiay-w0iithe.prOVidahfcittlits Sebtion l'5:041i Writing. and in Le061 sdieliStfetiOit. Exeept for a Pennitted Sablease, -in the event Of any subleak:. by ,Logae botrindor, tb6 41)jessorikilt sOeti: s.01e4.0' autaititiaally, > assume aU obligations, liabilities, covenants and:agrtam—.ant$ ctintaitied herein ifciithont-fOtter anti,* Or evideftce:of such ASSatiOtlen and 2) allow Leers ta eriftnte the ObatiOnS; bliies covenant g -and olireogipio oft#0454 hoteift 'tgaitist.-said sublesree. By agreeing to iny subleaset theitibleSke waives any defenses to dime; enfOrtement by Lemprs, includitt$ an> defense based 'on privity nr aanniel. Except 'in. the "event Ora Petted Sitblease, Lessee must give a ?Opy or,t* Lease to all sid51&§getv. &Vila Lease: Lessee's failure to eremite a sublessee With a copy ofthis Lease will tonititatb.a.d*alf Otenndor, ARI1CLEXIV. neat& and Remedies lotAL Ii the eveht Lessee (banks . in th e performance of any nta. et ilasuratioe obligation; crovettant,:condittott agreetilOti this Ldas6, atid such default is not corrected 'Within ten OW days after receipt �f Written notiee from LeStorn'te Lesed, the OLObtlite: Peparnnent rilayterminate this Lease. .14-02. J theevent Lessee 46innlo in *-partnith4n00 tianY 'obligati** to/Data, conditibn-ot tied in thistease Ceilieethan -ab; expitary idontified in SectiOn 14;01 abolet), and sudh ;default it '.63t corrected *bin thirty 00) days after Tett ipt Of *ittaitibtioe: froth Lessors to:Les:See, theLGLO or the NjartIttent tiny teitihatd this Lbasb. 14.03. AbandOnMent, Vitt the. sole opihiott i.-ifteasofa, the Pretnisestease tote tised or ate abandoned,. LetalikS Shall giv.e.LOSSee hiriy (30) days written notice- to teOcenpy. the Promisas, If Lessee fails to reo"aktpy within ssaid thirty (30) &A :this Las shall tritninft,and Lessor s may at the sole -option either :(1)'reijuire Lessee to tertio*e all,Or part of the linprOlreinentkfil) demolish andlor ternoe tie Impro''ornenL at tees.seet. even* f .L;esee retisesit do so, ,or (iii) asunie pOtseSsion,.tviiteritiip.and cent:fa nfthe Ore:0140 and the nnproyemeats thereon If Ltssors,rectiire the removal of the ItaprovementS•by LeSsee, LeSsee.shall have imy (&D) fit'LV's from th expirtip of1je NAY (30) days tiOtke period 44.- herein prOvided to tonipletesua 'process. Tennination. Any termination Of this Lease as herein paraded IA 11 not relieve Lessee from the payment of any sum Or SIAM that are tea due and payable to Lesoots bertutider, or any cain f,r daniages them ortheiektiW, att NintOgaidat Le-,§m:te hetetiodei7,7 and any such termination wiTa pet prevent Lessos from enforcing.* payment of any stinit stun or stuns dente& from Lessee fOr any defauitherettlidet J1 azioney iluP1.41der tbe.terntS Otitis tease will beat interest -at the rate of tett:percent MN per 4iiiiiUM from the date uhen due undi actoalfy paict or at Th highest rate ot)owed wider appilieljbleAtoty laws :tort regulation, .whcbeve Ls 1.01ver. All O:ghts, options and.rernedles a Lessors contained mthxs Lease are to be congaed nod held to be:tatittilatiVe, and no one of Ibem i-excillisive of the ighTs. Lessors ‘rv'll also hay e the -rieit to purstw any ether remedy or relief that tnay be provided by law Or e.rfitjity, IN4lether or not stated in this. Lease. 1.4 .05 • 1f on account of any breach or &haft by Lessee. of its obligations under this, Lease,. Le0orS enfore deeend any of LesSOre tights or setnedies hereunder and should Lessors -prevail, Lessors will be entitled to receive .front Lessee rebnbursdaitat forany and all costs, includiiig., but not limited to attorneys' fees, incurred in sii0h connection. SL20110014 13fiewgiey 12 —8 0— Kennedy Causeway Boat Ramp Lease 14,03,_ 'Sub leaS'et and AstiligunOts, The-elOiration toOner termination of 1i LOW* proVidedberebi 40tOrpat4e4Ity nWithOlg, Alith4action:tenniriatesallassigninettiSandanbleases:Of: ARTICLE XV,..RePresentatiotw 11, QiiietAoyeent. SUbJtiO:the pritiiiiWons of tit Lehtei sor lung as The.LeSSee pays the rent.and perforrnSAII Of its,obrIgati6k iiiit-1440,;LIAMeers pOseisien .ortht Premses will not be disturbed by Lasors, theilregkotive sareeeStorS,OrasSigeis. ointelne41.in Seetien '15,01 shall* conStrned }iirnhat1on of:tho'foitliiS fAIeW. 101. N6 pArti4.66hip, The- matio...nsiti,bdiiii:064 Legion :awl UsSee is and shall'at all tines rani* Solely. that Of Lessen 'and LeSSee and AMR hot belleented an agency-) a partiiiiihip orJait venture: j. ARTICLE Xyi.,GeiitatiTiOteetiveProvisiotis Riglit of Entry and litspettion: Leister will perthit LeStott .andtor. LeSscireagekits, representathat and/Or 'employee:a' Tiiiair Fsentathesto enter on the Preiniati fOr the ptirpnse oecti;.t dettnnine -whether Le-Sted is it tontplianee, with :Vit terns' Of OS Lee andiar fortieOniSat OtthOwing theTteniiket to piebpeetht lestatitirika-OakihaSetis: Lessee 801 peitriff bitiplbSrees. and authorita.mpresentatives Of the -DeOrtnientand/or PIMA repreSentives. tiita. tho. .Pfefrikeifor the putptise ofinipebtiont, triairiferiatiet ar recenstrnotiOn oTthe nigh rediliix When and is Rettb*iL as defeirnined tfieDepartreent in hi shle,diseretiOn. 603 1 Puree Ivlajtque., V1ati6vet-ii.periodnf tint is herein prestilhed for the talcht Warty Action by Leitom.tir twee Under-11A Le-a Party shall ntbe1abIC arristtntibie fit, and theteSliallte exeltided frointhe cin . fb perod oftirne,any delay*.due SfirliteSi tiots) attS Godo et, war, plotrided„ homelier; tit foregoing Shell rio :townie telease,.telieve ot affeet the **pendent obligation Of LeaSeeln pay rent I6,04: Events ofTtitainatiOnLitid BarikrUpitty: A. Tb Went permitted p4y jW tint Lease shtill terminate open the ocetntette of(i) the'filht or ekectitiOlver iletarithOe involnhOry r voluntWpetitiolt-hi bankrupWy c other msn1veni pnneedn%by r *Alta Les§teor petition, or Aave 666kint:ttlie under any .lirbviWon ,of the -,Baniagpt4 Code aa' ma be amended, -Or ().,..aky aiSipunent'for the benefit of treditorior dirnpositiOtOr a. petitiOn orbthet, prodeaditit by or aghinst:Leskilor 'the ap0iiitoienttrictrititekteeeivei or li44tfidetion'fif LeEsee or iit*Of Lssaes property or (lit) a proceeding by any govri uental .aithorflyor `byr-LeSide:Rir the diSSOlutionor 1140ithition.of Letste. B. itilite.tvent Leisee shkii heel:Int a Debtor tinder the Bank Ced&Whother'hy involutitarylintibiry ptftion the 111Stee tr Lessee a DIktrit da11.4t:Datita4n4POSSettPail, ma y not eidot Ia owl= thit LiAorwass, t tbiliiiip:-ofsooli- itsrtcoptiet4 the.TTustaOfLste hiis'Oitred Or 045446d LoSgoit."Adeqbillt Menttinee, ,(*.derinedlierOvqe) Within TO' 114y$ fotinithe-,date.of Truree Lat4e0 will cure alimOnetary ftUIt unrt1ua Lose :tivtiptw Lass-orcrortny actiaii:petunlwr k4104ulting,frony;e:ny custng defenit, diy withrn O days frOta. the: date.:9fAueltassAtupt. jou the truStee oi'Lesse4 will cut*-all not4inonetOt, 46:W1w:oda this Lea,sei:And (bi).tbo.AgAntvio.Nviu betijc all tho provisiOns Otis tease Fr purposo 0.1t4i4 -seqtipp, Lessors Eld.Lesso.Oblowlotige.that,1-0'10.00tOtt f a .hattlanptny proceed* a Lese as a •Mitiitnuin '9141equate -Assurance" shah. Mean: M.:the:trustee or Lessee-los and Will coinhniele have ist4Cient unenoinnbered asets aftor: gopaygolt Duo sedated obligatiOns: and atir*igilifiyc ,:evos% to asoft Lessors drat the TWIN .Lesseo will have Stlfficient inds to fulflhl the .ribligatiOna OtLOseVatider this LEO* (ii) the Battkrtiptcy Coon shalt litre:entered an Order-segvgatinginfficiex .cosh pothle:to.lieSSM '40W0-t.the mistoelt Lossft :AO hay.e good a valEd nd perfected . rust lien and security ititetest andfor mortgage in property or Thtstee :ot Lessee .aceeptable aS to value and kind to Lessors ).to secure to Lessors fit-..obligation of the.Tmatee. or Lessee to cure the !Whet* and/or tiOninonclal c.lecaultS under this Lease.withinthethne. periods Set forth above and .010 the Traskee of Less ee: at a minirumn shall deposit a sum 410.4 to month's rail to be held by LesSors: to Sean 'Lessees future performov4 wikr the .Lease. 16.05. itgLEAsz 9‘1.1S.SORS. IF LESSORS SELL OR TRANSFER THE rimvai$E$ olt Tag LAASplothESTAIT OR ANY PART TottttoP AND AS A PART OIP SUCH TRANSACTION, ASSIGN TM* iipri'ggtsr As ussoics IN Alen TO TI06- LEASE, 'MEN FROM A.1%1ID IME( THE EFOECTIVE DATE OF SALE OR 111ANSF:ER, tositiRS wk41.f tfAVE 1,,19 01,41,nipt LIABILITY UNDER THIS LEASE :TO LESSEE) IT Opr40. pattspri) TEAT THE COVENANTS AND OBLIOATIONS coNtArito IN This LEASE ON THE PART OF LESSORS WILL E BINDING ON LESSORS AND THEIR RESPECTIyE SUCCESSORS Al D ASSIGNS ONLY DURING AND IN RESPECT OF ThEm SUCCESSIVE PERIODS QF OWNERSHIP OF THE PEE. SL20110014 Bliewgley 13 — 8 1 7 Kennedy Causeway Boat Ramp Lease 1501 Waive.tr `I6,fault, No waiver icy the.partiet hereto of any default pr.bre#c1i of arid' tee; crud or tnverrant ref 111ts 1,e tiuly be deemed to be: a waauer of w y subsequetrt default orbreaD of the Sable c .any bather term, condition or veio*If i0;4 tried )sreifl: l t17, Ei;iiibits: eXitibits refer to 'herein are to be cgtrsidered :a part heaver for all pUrposis witlr the =wine fOreo oat i ei a00° fiil' letrg #ti herein. le 1}g SocCes`raia 'floe,' , eondrt rekiti stir# o vepant* m ine1 in this Base shall apply' t,q? and yzume tci e . 4 t o f siic sor- i otter s' and legal representatives eizcepl as ethervvtse herein e q testy proYrded 4.11 i-ightss.powvers, pt vt'te es, rmi ae >snd 4utioi.of1.44pit under this Lease; irtmluding, but not liertted to anyiaoti es regwred'orperrnitted `10 be xie vered #ry l::e r;;. fates bbere indar ntay,.at:Lessors':option, be eoresse1,or.perfom eci by Lessors' agent :or attothey. 1ti .4ssee trio not iiie the PrerxtiSes iti any way that is iitaeiisisi of with the t t tinned opsration, tttainteria ee and- :$4ftf a. Hig_[ok P iiif , at mat will tutdul1 expose highway or 'noit higbwa r xrsers.to ar`tiaus rnditipns bee use ad' i igh*ay i ioit.; tr intenance and/oroperration .16:1 a Le see u.11I not (weld any. inetal-objeet.io any n tai Menthe/. of any (Metal ;alw bite, tant drill or tivetinto,,any drier or. fy a r torn aay Othitorote, metal, Or ivnotl. trtretere; MO. •a Hi hway' :Facility without the Department's specific written apprOVal of detailed.: disvurgsibr such *eldiiig, rive tub or clrillir}g 16 11. Sribject to lite prior itrttteit 'oval Of "tae Dapatinient; Lessee shall at Lease's Own expense Make,* p ttiViSidns:f ssee 'learns -net ssary'Co.pr ct ukor's rif slie. em�iscs frotxi. aii}�.tiaten resulting from aase.arisi operation a of the ifi rwa ? l`atilii . 16.125_ Holdayer. If Lessee &olds over and thntiriue in06S-session Of the Pr inisesaafer eicpiratton of the-terra of this L :cc,;Letsea will be-deemed to be .oceu i i the Pretnise5 t the 'basis of a matt to- iritintlr P tenancy :Solajeck i'c aA o'fsiie ten& and oartiikieii's taf this Lease. 1513. The tiboete. described truancy from toofitb40.111atith itt y be terminated by 'thet party on thirty (a0) 'days `t'vritteri1io6csto. the other. ICI 4: In any aft 'tilmstanue's wh Lessors ate;perinitted`10 meter ii}ion the I'rert .ses 'during itie Lease Ted whether ibt the-410410$0 ro$0 rrf inspection of the P ^ uses, miltitetianee and/or repair irf Site - ITigliway l acfiiy, currng:glxiy default. Lessee, epamng,-:d'atiage rcstrftuiig from &re. r oli eat' tasualty or .ah {eminent dori aiu taking err is other w pe zitiea hereunder str by law to go upon lire Pieinises no :siteli errti shall WrisCltttte an eviction or disturbance of Lessee's trs told potOssitfrr.df tte: PPetntses oz a hook by :Lessot of any±'ofLessoi`S' 1504060a igat on hereunder ofrexttier.Lesstsrs i alb a fart *0:4ge0 r lOss af'bttsi00 Of OtOrtite or eatitte.LONee, be 'relieved /t'a'rt arty Of its obligutians .`heteun&r or l Lessee any _ of Off SO' or recoap rent ar cxdter t eruct atui cartttaectibn with .asty.`'stieii entry iricitieut to perfbrttialioe of rapax , replaceni nts; tnaintenartce or t of tr ictlon,: ail of a afore aid pr a i or ll lae:apiiiict laie ttotkittistatidiog that Less .may': elect-to take building materials in, to .a1 upon -tile Premiaesthavvay tie required ar utiiitedi eniteetion With Sit& tint/ by Lessors 15.1'5. Under ne 4iitinnstotes.vlittOever stall Tiestita ever be liable hereunder for :ao?aequetittai damages Or Special datti'ages. NoTWm.4sTANDtN+ ANY PROVISION TO TH1✓ CONTRARY WW1, LE S 1r1S' G:O'VEEmiIENTAL oR SOVER' 1GI IMMUNITY IS 'NOT WAIVED BY ANY [ ' ISit1,1�T OF T p.. LEASE, The.' 'tsor ' as.used as t1 s S on 1 b.ia, shall rzieaa oily the State of Texas; htelttdiug the Texas General Land Ot ke, the Texas s.: • E ent of Tiai p_orta obi, as -oWness' fthet?rer'ses.,tortidetimeoft elt.et' Atts'lx :ofthe.Pr ises,, andin' theeyeofdietransferbysillier= tar:batit_ow,ner of their respeo ive interests7n t}ie Pr uses, sirch,owner.sball 1b reeitparihe releasedAnd dtschargeta.fro n all aevenatits And AVigao 05..of s_tre1S: Lessiirs ttierea ter,' areraing, but such .cavenants..arid .o ,ligatiotts.sha11 be binding during the -Lease tem Upon eaCh new osier for the duration of:such o wner's' ownership. 16,16. Under no circumstances whatsoever shall Lessee ever be- liable hereunder for consequential damages or special damams: NOTWITHSTANDING ANY PROVISION TO THE CONTRARY HEREIN, LESSEE'S GOVERNMENTAL 013. SOVEREIGN •IMMUNITY IS N O T V V A , I V E D BYA ANY PROVISION OF THE LEASE: 16.17. Terminatirm Fees:• if on ac aunt of any breach or dethult 1iy Lessee of its obligatiaas under tills Lease, .L stirs enforce or defend any of Lessors' rights or remedies hereunder and gboutd Lessors prevail, Lessors will be entitled to receive from Lessee roil- mrsenrent for any and all coasts, including, but not limited to attorneys' fees, incurred in such connection. SL20110014 14 Kennedy tummy Boat Ramp Lease i3Hewg1ey _82- I71. N3iticek ABY 11*e trtt.Yi*:f9rPrPith#10 V be ivOlt*.reuhCI*01..* !glirll 14 PO 044*$ or , :444000o 06w.by 0,449* stril, n he .L1.1ilteOta* Mm1 p6ifese 0100; Fe*: tei.0 eercifiecip elivetipglbe same to thD pit?' o be•TkoirOif-qt (jii) aqiiyOry by crtiernight:c-kpreiSloburieFitiCh $,Piderig press i bo:afteclive upon recelpt,as eiidena.eid by the eeted fOstal rOCreiPtOkOet. kvOettfOrdelivety: 0-to Leske: If Lesiors: ' fpusCh ,AtiA City A80.9277 Corptts anis% T784977 Tepras *Oral Lnnd iargo AttPri•polo COMMi4Sioner Prdressiontri geNices tviskm *Phan t. Biidihg Rth 111 17001,1pithgtingreSt AVelint Taxis78101 Tectis Depirwebt: Tfasipbrittion 170 L'Sdirth Padre island Drive ChrpoS Christi, Tetis 7824694907 Attn: District Eargineor 'The Pardel mayebriV their reipettive-tice addretses tanyot1erbcation within tbe unitetSrates bytiViii,g oilike efthethakit ateordanne with this SectiOn. 17.02. This Law to Apply, This 'Lege Is to be ettiktrued under' add in aeordetwa 'Aube laws allot:•ete a .T04th: okaigitidn.S.tifthe parties treated .hererinder, includingLoSsees ObNation to pay tot, are ontiable m Ttavit qAtriafty, 'Zoo, :titi1ek4 ofitei,wite Otevidecl herein. 1703,, Legal Construction. In as any one �r .Mort of the prtiViSlOO ntAein IJ • 1.400•:are fOrany ireason held .to or lirlataiteabk m any respeetoSuCh rnvulidby, illeS.diV or aietifeltoebilk will 410,4frectatiy ether -inviaten her:604 Atya this: Leat'se.wil be cotattlied at i1uth ivTk1iUI npurreifforcenble proViSteinthad never been Obtained hemln, Anieridtherit_ ameildfrierit rirOdifi eritiOn, or alteration df-the tetibt:ttteorWill binding:01'40441044a e he in 'Wrn, dated .SubSegnent le the data WNW; and duly executed by tilt patio ber!tto. 17.05. Headings. The article Sedlott captions contained in this Least .ard •:for conVenitace only.:44 46 it in any way fizat mnplfty term or provision hereof. i 7;06. Definition of Leak*, The ;(errir "Legr&V` as used won. irichrdas Lessors, their respectiVe stictesSnrslind tosiguS, end their restidctiiiekittietivd egosit, rtpiresentIthrts atittemployces and/Or coprracrors. 1707. Defutitida T Disnict togineer. Any refere4ice in this Lease to Pishitt Eitirkeer Means the District gfigineer, 'focos, pdpatimenr rro:fivottAiim c6vtis 0htioti, Texas, and his or her istiocesser k title nr .responiihility. Men written approyal. LeSSors • is necessary under this La Se said approval is to be obtained 607n:the Distri lneet nod be atr. 17.08.. Rights and Rent-dies Cuniulative. The rights arati'renierlies PrOVirle4 by this Lease Sire Cunnilative:e0 ueyoe tight r reniedy by either party will not preeitale or waive its right to use any or all other remedies. Said rights nrulrenteEfies are given ii additiOn to any other rights the patties may have by law, statute, ordinance or otherwise. 17,09. Non-discrimination. Lizssee, for itself: its slimes-sem and assigns., as a part of the cOnSitteration ber.e04 does breby 6ziyoglant and agree, as a covenant running With the land, that no person, on the grounds of race, color ,. creed, national :prig* rmanial pt#14 six or the presence plan!, sensory, mental pr physical handicap will be eluded from participation in, be deuiad the tenets 4.or be otherwise urnlawfully snhjoeted to discrimination in the rinse of* facility now OthereatIer Ain tiie Prenises, Thalia commotion with the construction of thy improvement n the Premises and the furnishing of serviee.s thereon., no such disatiminatiee will be prattical S1,201100)4 131-1ewgicy 15 —83— Kennedy Causeway Boat Ramp tease' the Aelettititt of sgrAploydo or eontractors, by contlabtnrS m the selection Anti retention .of their subtoittrattdesi..attl that'Stich diserimin-ation will nothe practieedVinatilie pub& in Melreccess te and we ,and id :jjij attebitiniodatien citeStructed or operated oti the Premises, Lessee sfiall use thePretniges. in 'COMpriance with 3611 tither to4nikertootita ihn;i4gW..ty. oz parsatint. to Title 49, Cdid. 'of Ftderil Regulations; Depertient Tr2lislitirtationi Subtitle Ai °gibe cif the't adtaitY, Pit 21, islotiL;DiSetitntritition. m fiderallSisSisted.PriVatitS ittf The Deparittient ofTmnspn1ntion Mro1natoi o'Tit1e V C. PJhtsJcthf 1964, And as said Rewatiommaybes,ittioltdetl. The *eta ofaity Of the tboVelitindiStrin' ilhatititte*enarft act aderaillt entitiiiig the LetSbis teldrinikaW thiS:LeatatttecdaticeWitii the.PrOtedtiret'set fOrthleireiri, Titne EgSende: Time is Ott:cachet oft* Lease ;as toperforniance dell LeSsee7S edteintritt,and Obligatititit ,Merrionitithan of UtitierStan Tbis Lente is sobjeet that.cettainMeraorandum Understthding.dAted octotittlz.1-989; agrri.O.d. t 14y the OLO, the Departotent, And the heel .Land akiard, :Wok MelitorandUrn of Understanding, attar liettivand 1110064.t6d heein by refernb as Eith,bit D tOtablislieS4he'generaleiondiaerlis wid prtcedtiis fir the lasing of'Sw land tali* • risWat4way1Orthe JONI F. Rent1Ody CattgeWay iiii"NneteS COinityi TdW. I 712, Prior Agreements Stiperseded, Thik Le.aSe .6onStititles the4O1eAtill tniy **MEM a tf`&partieS 11000 and infieLtetles-.dity. prior understandings or ;written O. oral agreements hetWeen the: parties respecting the. Sub* tatter *kWh. &Opt for the Met : of iluderstanding referred to in :Pantgraph 1711 kit io piikarsk .repreSetita.tiOns r intitittineW kkdelif: thne exPreSsed herein and in Said Meinttranduni. of Uriderstan. irig, The, su1rnision of this Lease for tdmibafthil-bY Ana* eke,tittibittheretithytessee.doeS.nOtteinstitute a reservatithilif or option for The Premises nd this.Letise SliallbetoniedflediVe.*0 upon e.5-Cetatiari Of allpertieS he t� arid .ileliver' of a ftilly ekecuted aquiterpart hereon. • y LeSSOra to-Leksee. J713.. It is a anclo41MOwletiged that LetgasaceasstO and frolti the HIOATIY ?ability Shall beltort-exolutiVearid 4%11 be. fittited to and in accOrdened *Ai tti.106,60ba'fi:Tvsceibod.by The Departaent. 17.14. Sole .And Absolute Discretion o r ()pinion, i s l c i t W i t h a n i n d i q a n y t h i n g . herein- t o the t o i t t r a r y , when . tyt� tits. LaStrik entitled In;ekeirise its 'We and ,abSolOteditcetind" 'Or 1$01eatidabsalate OPinion# such discretion Or OpirilerfittrUelettOotibyaat pan y for any teaSon er for no reaseri# *Whet ot not sub discretion oropinion is'itrbitrarS>, Uneetatelled Or thireaSnnable, AO :1)4140f egeitise of "pie and absolute dikietion" or "-ahle and abSOlart 001010" s111 be final and shall NI be subpar to apperi1.04be Akteot '10 adjudication. bY A ttniit ImArigtottion. Mediation:or othet*Se. 11.15. Approval of LeSsott h is agrod aoknowlogo that requirement under the term of this !Ago: lapproal xs-Rby LeSsors" shall, Where toquij-ed by fedotol law, be subject to the farthor concurrence tid approval of the :Federal .T-lighway Adt*Aistratiot,(llwA), 7,16. Lebec aotoveletigt5 . and ago% tato retrtOve, alter, or diswrbin.any way, :a survey benettaarlt to,Ociatod with the TexaS Coastal Oceanic MS-Ovation Xetwork Tide 0a4,4e. Station 00; PacketyChaiittelalie Benclunatit). theliencluottlaq it.sApp-cy,,df* ea:toed-in a 540 3.3Vt. pipe and is recessoda I oi (9:3, ft) WOW the ground surface . The coordinates aritio,fthetoaric re 27 38'91.3" N,;097 deg 14 12.r W. ARTICLE XV/II. Recordation /8:91. Upon execution by all Parties, Lessors may require -that Lessee l'OCOrd m0111-imp of this Lose, in' feral pnpy14;141,by Lessors, in the Real Property Recorcis 46.4 Office of the Copt/ Clerk, Nueces County, TePs, Lessee S4a11 provide 4essos with a copy such recorded memorandum of Lease. ARTICLE XIX. Reservations and Common Carrier Rights 19.01. Lessee covenants not to interfere with die rights of any Public uttlitY comPany•cr other conga= carfter.to loot; operate and maintain their Acilities within Lessors' right-Of-way, Le-see understands andnrcPs that its use of the Prernisesand;theImproyentents under this Lease is subject to the statutory right of public utilities and oarsman carriers and that such use by Lessee and the relocation or removal of the Improvements .subject to this Lase shall be accomplished at Lessees solc-expease at Lessors'. request iFrqufred to e accommodate the location, operation or maintenance of-facilities pursuant to those statutory rights. 19.02. Lessors reserve unto themselves, their successors, and assigns (i) all rights, interests and appurtenance! oriee *le ownership of whstevor nature not expressly conveyed by this Lease, and the .fight to-exercise the same, including, but oat limited to, iliorightFaf-way over and through the Premises and across all existing and future streets. roads, and walkways for the purpose otptigic access and utility services to Lessors' adjoining property, and (u) to the extent not previously conveyed, Lessors reserve unto IhenseNO ibeir respective successors and assigns the right to grant rights of way on, over, under, and, across the Premises, provided RIO rights �f way S120110014 Miewgiey 16 Kennedy Canseway Beat -Ramp Lease —84— itOt &treat onably interfere Willi DeSaCe's.Useth.00crf. An such fkititto!.tirgh4 of v4ty. gf4gtOd 1.&40.61 mot- cdnfern , toggruOtioittthil.4.4gly submitted hiiLesSeeand agOOLVati trr Lerrocgt, AR111CL•XX• 0Ondenination .2kol , 1 the .evaiit-that aay audit-A* havpdWer eidse td 4iithority as 26 at bra:ay. Ottibii the State shall Canattlt-With Lestee atsiteediak-tuah rattiest. The State :and lieSSee rniiy-.*ei to 4g"ii..0004titiii:,.0.0i* award made-. ihW:dnetticiti ivftb tuthtakitig. inlitelabsence -of an Ag#:eetriontregarditiglilletationtif theivma ±h Wier likouiont. hertabontartgai. abation a-the twarii. 1Ibpfld to' 20024 lf tbarie Shall he a tab* 1uri the terMiif thiLeite of theintirolk Of.tha Premises hy:anyauthori!ylia144 the poivetor eininerit domain' then Ind j the tenn Of thiS Lease:Shall beissevaridierininiite, the date Of StielfterininatiOn be,* bittiOe patty.' the earlier Of the' date oponwhiet ontiession shall be tendered ninuch githority. by.Ltset. 4164igte4ogii . *fah possession iitakien by :such airtharity: 2&03. TIllYthan the 'entirety O.f-the Fiurtliall:ShOuld be so inktikbut theathount taKeti shall eXceed either )01 1'0% fthe Fend-. area th e.. or (1) 10%. 6f flUft -Of the buildings Ideated On the Precnitiesi„ esSee *6 light tt Ytairrit& *der to eittlie the liforekaid right iarteitiintitioN Louie. shall:VW 'the St iti notiee (3O) daysfte? sloeh the as the cOndernnirigAtandrity tialc:espaisetsiOnbithe portiontifthePreniise. 20,04. Isliftitlistittieling the ProViSiOnS.of Sena& abeve, itilheeVent ornpattial talcitigOf 10%.*Iesi::Of die land iatA.-a the:Premise% Or 10% or less fth area bf buildings thread' on The PrertiWeS, IA-Steck limy te140t that the Seats tote. to a trttaiihation orthia Leak.. In Making :Such ait, Leagt tweeste.:ttriiiiti the State infbiteatibit dertibliStrating:that.slith partial taking hai had, or s 1ke1y tio hav 041 so tidtriizietitti tO Ltata's overall business .L the Ptinti1011sat ittkAfaUlud:0::: LeSSees na physically .Ogefitnr LeSSee's business at the Pretenses itdigt to acleve a rettaMab li. rentin n tosSee,s:: 1,1V:eft:tient The State not unreasonably witithOld delay. its agreententtnbridenial of itteh iettnittatiohAtiOedt 20.0. In the event eta partial taking Ofthe PreiniSts in W liL edbs nOthitii.ebtriclell noteXertist:thettitlen btflia ,as ,..get. tint iu sedon 2003 . above and if tie gteettentrto teriduge hat bit .ttethed WO*. pafftes Ontlet Sentibb 20041ab054,1lien thiS Lease shall teft ain th fufl tree-and effett a‘,1 10 thenreithiges 001: taken .1),Y the condentnirtg IlnlhOrity z0,6, Th OiIr or court govettwood ggetigy n such onde.innation.proaggling; shall; if rtotTitOlifillwd bj-Uw.,..be-1-0-4a-Otea to thak-.6. atparate ayeards to the State and Lessee and the State Arid Lessee agreetorequest -tgeh_getioit the,entiit OrtOerraftentaratatioy;; 20:07. In the ?event. Of e partial k{ng.vd.in the event that .Lessed as got tleottO. to terminate parstiantv:Aty OPWame.olatiRn to do so or:cfots nit have •An Option to 414$0,:,Qr it Stat and Lets* havv 'not votto,ttbitatt Lba Le tindr Sotio: 2194 abovo, tbei Lese ftaIl tatoro the: tertkaintat portion Or ft 1kronioo4 a ttia$:* telarabi$': 04.010 *.1113r **41 taking. Atty satko.6stoiatio work =Oat be carried tgrWatti -ddigoottY witft 0000h Th 404414006 with and 40$03,4044' .prolgions of this Lange - tleatipgN4 eoostnictIOn ti4114/10Y-Atical,: The reytoratiOn wok IT-41iYIi3t.144See' WO reet xo-:thy 7Pivines:.40ip .nOttonstinne an eVictitin. or dUtutbetce of-Le5pe_e0;g4r,and.posiegaion:oPthqPrCintsevt: a..17roggii ty.ft::.;siotp-Dt any arks ohligatios horeander ruder the State. linble[tOr *WV'S or enijile.i,essge to.to rePoitqd fitotn prof is oW4titiogt hereunder 6yith. the exception of-the ifOresta prOportienute re duetion in rent).:or grant. Lessee tgy ''ot.440117-pr.ro.e.ouproggt. :ht the_eVont cfa taking taF4101:1011 the-ton:illation of this .1.,taat parattatit to the provisions.herof, tt*' . tes.horotg- agree to cooperate in applying for and iitosvattingattty 040 Or an wand or g-wards n oottoctiog witb -salt 0440 40:04114m agree *at It q:gresatc net award snail pgid age Til.siTlibutOd as follows: A. All .sums :awarded or agreed 'won ,hetWeen the .Stute and the- candecnningnothority fbrfhe Wag of the tee .intemst excluding any and all improvement.s thereon; .("Fee Simple Loss"); whether as damages or as :compeosatkio, will be Ole property of the-State, subject tonny provision hereof; H. Mi stans.stvarded or ad upon h6tween Le4see and the condemning authority for the taking of Lest ee'a interest in the leasehold in the PreiniseS ("Leasehold Loss') will be the property.ofteSsee',. C. Upon request of the State LeStee agrees to inunediate.ly egeente sock instrintrent, or inStrOmentk as the State May roasonably request as evidence -of the Lessee',s Gegst.ttion ni interest rn tic1i portion of the Premises that is toadetnne4 by such authority and that this' Lease eontinueste be 'effective as Lobe balance Of the Premises not Contlenined. 20,09 Lessee may grant to the State the authority to negotiate With such condemning authority on behallof LesseeL„ or 14300 'nay represent its own interests in such negotiations. SL20110014 Bilewgley 17 —85— Kenne-dy Causeway -8-oat 'Ramp Lease 21 SU1i 414441Mo W10014 400 34 3N:111( thc Wri:iiiiiigica Wii$ colvey**00441).0411:beltilideV`roll010: Limse, the award vvidkrevoct. tP. AO: There lielociitik•ond pia 10- Lake.. the:atItoinitther,`teitaiiedifibly 'required 46:ratite.tepakileAbb. banally. itid which Ltitee ikte4OWo,rtre.. there te Ltt-iboxiy nit or Uttliward piialiy made for uvng enes Joss Ofbr Otheit expenses of the Lit's* and The wootiortht-ovakdoliorbvi*AliYihogidtb,a4ti Lessee lit AbOtaglAWvil1ile$V00.14ge4t# tbe-'140i§ • 10 Low, -lima the s'opiolo.WP. :That. potOot,ottile '-AM-0:14:Ottitll0 o 4.Licasobold',14k314.3i6iLts.•Wk 5haff,C0.640 Ward and th eminet of Ole attiftd 3tettlie-a00014.1,080e3 AteregAti p.*00. #000611011:be tbe..-$tgtei.; SokrgspeghooraotgOgIt,ftaid'Oironylodakogrtyirolittenliatoto., 00.144,501014144..1,0gathetoAtood, Losk a1l lit4et.e.ritikied..tifigliipliAezoftOndepahaito, AKel t,ta. Eritire Ago:meat Z141 fii kgruti)OntotIngliites tif0 000 agrOgttpt1MW01`4.ssOgli:14.1f4MNPI9r Writt4 1#14;01r.AlitgrogranoNo*f. 1:0001/kos.:gitivprpg,litoloN baU bef.bWing. trtip submson -yor tbis:Upe‘ for 00.0100400. by 1,0sie 41144% pxecg004.temigby: 1..,0tNbe 400 not ,00111twe'ea:teset:Aiation for ppeog for $bePTenee5 and tb4 Leate-Oball bpptre tlye-paly uppate 00.4..pr all. ,p0-00:4 110* and .44:very of g fgliy:Axmj04 ,091004)art harbof by Lessors to Wasoe, This 4ease:$100 be wended 06400 ox: tgtOpde.d ordy-by,: imtea itigrittneRt-signed bytt0tA pinta bervio,, Alitittm M.* op 22OL. Iwtow34.400. tbkloasobt mithiliwito Les-M*410 0,ketOtitinibtitottlY Les;see4340110 0/14111.140:g ttSerSk4iim t_0ptiOn lr th Pttailwatal th 1A0,04141 *00 MOW: tgang any pa 114 4001 tc,t0140-4 of #1i part* s .hom.fti an :401if Oft:01y vxecotedA0101grpart.bega sit to.1.*F.0g, (HE RtMAINDEk TMS EA: iniNTOTAio urr oLtroo SL20110014 18 Kennedy CatigewaliPlIbd Ranip L.6ase B.Hewgiey — 8 6 — 'TESTImow.wHtEgov mess the olototo oft-0 Ta*tIOndeotamissioriertold theatol fthe :Teitacadnaiii:Ltrid Offite wAr *a-000016f tbe pepOrIMOTOMthorzc • totoptotivt. LOU* 'STA',ITO#TOZA$ • likrx E rOotAt[.., po101egoi Tp.v4$•:.00ezilt 40;01* Appiwt oten- 44#1 piu- ilkeplatiVe .L0$0g. ST1,4TE i•FTEXA$ 14 g .016-0:0*pits Christi Prinied-Nothe &: Title Oath: . Ariproveri as to bac R. " ng • t City For City Attorney A x e d v c e d and O p r th r e d f a r t h e Teat TtatiVoitatidi ColakiitAion the Nit* and' 1fectafikthratintindkietakiiii0 kOit The Otdait, e sdii rwr pfigkinia:heiretaire OOtinVIA Ond-aiithorliid tiyeiiTekti:Ttins*iiki&Panitiiiissidh; John?. COnthall, Dirtato4 RVitef-Way Date: STATE OF AcKNowaoGNIENT COUNTY OF ttorney This Sue= Lee No, S120110014 was.ackno*ledOed beftte int on the day of by (Name. of Lea$ee) S120110014 Manley rotary Pnbiie, State of my editnniaininexpire8: 19 -87- Kennedy Cansaway Rfittp Laud Title: City of Corpus Christi 51201.1 0.014 Date of inspection: 12 -1 -10 Company: General Land Wide Creator: Rene Garcia Scale: 1 in. = 60,000 ft. Exhibit A Title: City of Corpus Christi S1_201'10014 Company: General Land Office Scale: 1 in. 3,000 ° f#. Pate of ihs Ction: 12 -140 Creator Bane 0ar00 E chibit 13 7 1 Y, -' ofY'. /7 _ ,I. f ' ' / ip9 f 04 i y yyyy� / X701 / f• / j I / i i /..,I. ;'. / c/ /4z, "./ / / / / / / 7/ / 0 m Page 1 of 2 Resolution authorizing the City Manager to execute GLO surface lease No. SL20110014 (TXDOT lease No. L16 -178 -356) and the related memorandum of GLO surface lease for an approximate 2.2 acre tract in the right -of -way of Park Road 22 (Clem's & Billings boat ramps parking lot). 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 GLO surface lease No. SL20110014 ( TXDOT lease No. L16- 178 -356) and the related memorandum of GLO surface lease for an approximate 2.2 acre tract in the right -of -way of Park Road 22 (Clem's & Billings boat ramps parking lot), copies of which are attached to and incorporated into this resolution as Exhibits A and B. Attest: City of Corpus Christi Armando Chapa Joe Adame City Secretary Mayor Approved 16th day of September, 2011. R. Ja ei ng Firs Assi tent City Attorney For City Attorney Billing's- Clem's parking lot lease resolution 09162011.doc —91— 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 David Loeb John E. Marez Nelda Martinez Mark Scott Billing's- Clem's parking lot lease resolution 09162011.doc _92_ Page 2 of 2 10 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 9/23/2011 TO: FROM: Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation )1-- 289.0171 ext.1213 FredS(a7cctexas.com Authorizing the execution of future Federal Aviation Administration Memoranda of Agreement for technical services associated with the Runway Safety Project at Corpus Christi International Airport. CAPTION: Resolution authorizing the City Manager or designee to negotiate and execute Memoranda of Agreement with the Federal Aviation Administration for various FAA technical services associated with Runway Safety Project at Corpus Christi International Airport in a total amount not to exceed $650,000 to be paid from funds awarded under Federal Aviation Administration Grant No. 3 -48 -0051- 047 -2011. BACKGROUND AND FINDINGS: The Runway 17/35 Extension, Phase l and Runways 13/31 Extension Phase 1 Projects are Federal Aviation Administration (FAA) and Department of Aviation priorities that will address safety issues resulting from runway incursion incidents. A runway incursion is an incident where an unauthorized intrusion occurs into a runway by an aircraft, vehicle, person or object that creates a collision hazard. The FAA has committed to a multi -year, multi -grant improvement project that will mitigate the safety concerns. As a result of the time- sensitive nature of the Runway Safety Project and current FAA funding cycle, Staff is requesting prior approval to execute the MOAs. The MOA's are funded by Grant 47 which was formally appropriated by the City Council on August, 30, 2011. All appropriation of funds requires approval by the City Council after grant receipt. ALTERNATIVES: No viable alternative exists other than foregoing the project. The FAA must conduct these services in order for the project to continue and mitigation of the identified safety concerns. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council approval is required for execution of agreements over $50,000 EMERGENCY / NON-EMERGENCY: Non- Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget —gb_ FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures ICIP only) Current Year Future Years TOTALS Line item Budget $566,000.00 $3,822,500.00 11,467,500.00 $15,856,000. 0 Encumbered / Expended Amount This item 0 650,000.00 0 _ 650,000.00 BALANCE $566,000.00 $3,172,500.00 11,467,500 $15,206,000.00 Fund(s): Comments: The Department of Aviation is required to match 5% of the MOA RECOMMENDATION: Staff recommends approval of the Resolution LIST OF SUPPORTING DOCUMENTS: Resolution Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager Page 1of1 Resolution authorizing the City Manager or designee to negotiate and execute Memoranda of Agreement with the Federal Aviation Administration for various FAA technical services associated with Runway Safety Project at Corpus Christi International Airport, in total amount not to exceed $650,000 to be paid from funds awarded under Federal Aviation Administration Grant No. 3 -48- 0051 -047 -2011. Whereas, by Ordinance No. 029192 on August 30, 2011, the City Council appropriated $2,596,792 from the Federal Aviation Administration Grant No.3 -48 -0051- 047 -2011 in the No. 3020 Airport Capital Improvement Fund for Runways 17135 Extension, Phase 1, Runways 13/31 Extension Phase 1, and conduct taxiway utilization study, herein referred to as "Runway Safety Project "; Whereas, by Resolution on September 27, 2011, the City Council authorized the City Manager or designee to execute Memorandum of Agreement No. AJW- FN- CSA -11 -250 with the FAA in the amount of $194,386.77 for technical services associated with Runway Safety Project at the Corpus Christi International Airport; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or City Manager's designee is authorized to negotiate and execute separate Memoranda of Agreement with the Federal Aviation Administration for FAA technical services associated with Runway Safety Project at Corpus Christi International Airport, in total amount not to exceed $650,000 from funds awarded under Federal Aviation Administration Grant No. 3 -48 -0051 -047 -2011 in order to meet time sensitive deadlines and to execute all related documents. A copy of each Agreement will be filed in the City Secretary's Office. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 28, 2011. Lisa Aguilar' ssistant City Attorney for the City Attorney Joe Adame Mayor Corpus Christi, Texas of ,2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 11 AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 9/7/2011 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, M.P.H., Director of Public HeaItht Annetter @cctexas.com 361- 826 -7205 Ordinance to repeal Section 23 -23 of the City's Code of Ordinances PURPOSE A. Ordinance repealing Section 23 -23, Code of Ordinances, relating to a fee paid by cosmetology license applicants; providing for severance. BACKGROUND AND FINDINGS: On July 07, 2003, by City Ordinance 25398, cosmetology license applicants were required to obtain a verification letter from the Health Department indicating that the applicant was free of any communicable disease. In 2005 during the 79th Legislature, passage of Senate Bill 411 which regulates the cosmetology profession was transferred to the Texas Department of Licensing and Regulation. A new board, the Advisory Board on Cosmetology, was created for oversight thus ending the need for the Health Department to charge a fee. Fee provision in City Municipal Code Section 23 -23 is no longer required. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for repeal of Cosmetology license applicant fee EMERGENCY / NON-EMERGENCY: Two readings DEPARTMENTAL CLEARANCES: Corpus Christi — Nueces County Public Health District Legal Department FINANCIAL IMPACT: Not applicable -101- Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item _ BALANCE Fund(s): Comments: No fiscal impact RECOMMENDATION: Staff recommends approval of this agenda item LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager ORDINANCE REPEALING SECTION 23 -23, CHAPTER 23, CODE OF ORDINANCES, RELATING TO A FEE PAID BY COSMETOLOGY LICENSE APPLICANTS; PROVIDING FOR SEVERANCE. WHEREAS, pursuant to passage of Ordinance No. 25398 on July 7, 2003, a fee was enacted to be paid by a cosmetology license applicant in order to obtain a verification letter from the Health Department that the applicant was free of any communicable disease, which fee requirement was codified in Section 23 -23, Chapter 23, of the Code of Ordinances; and WHEREAS, the verification letter is no longer required to be produced by the State of Texas, ending the need for the Health Department to charge the fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1: The substantive content in Section 23 -23, Chapter 23, of the Code of Ordinances is repealed and the section number is reserved to read as follows: "Sec. 23 -23. . Reserved. "The fee for the health department to provide a cosmetology liccnco disease is fifty dollars ($50.00)." SECTION 2. If, for any reason, any section, subsection, paragraph, subparagraph, division, subdivision, sentence, clause, phrase, or word of this ordinance is held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, the decision shall not affect the validity or constitutionality of any other section, subsection, paragraph, subparagraph, division, subdivision, sentence, clause, phrase, or word of this ordinance, for it is the definite intent of this City Council that every section, subsection, paragraph, subparagraph, division, subdivision, sentence, clause, phrase, and word be given full force and effect for its purpose. EHord347 Cosmetology Fee Repeal 20110926 Page 1 of 2 —103— The foregoin o finance was read f r the first time and passed to its second reading on this the // C day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott The foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: September 26, 2011 . �. Ai Ai/ i _ Eliza. h R. Hundley Assi - nt City Attorney for the City Attorney Joe Adame Mayor EHord347 Cosmetology Fee Repeal 20110926 Page 2 of 2 -104- 12 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 9/22/2011 TO: Ronald L. Olson, City Manager FROM: Fred A. Segundo, Director of Aviation 289.0171 ext.1213 FredS(acctexas. com CAPTION: Appropriate Passenger Facility Charge funds for use in payment of debt service associated with building and roadway improvements at Corpus Christi International Airport.. Ordinance appropriating $1,393,692 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring $971,742 into the Airport 2000A Debt Service Fund No. 4640 and $421,950 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the FY2011- 2012 Capital Budget adopted by Ordinance No. 0029135 to increase appropriations by $1,392,892. BACKGROUND AND FINDINGS: Passenger Facility Charges (Pl''C's) for the Corpus Christi International Airport were approved by the Federal Aviation Administration to fund debt service and related fees on bonds issued for completed terminal building improvements. The current PFC charge is $4.50 per enplaned passenger and must be appropriated prior to any expenditure. ALTERNATIVES: The only possible option is to fund the $1.5 million in debt service entirely from the Airport Operating Fund. This is not a completely viable option as the Fund has a balance of approximately $4.5 million and debt obligations continue until 2025 OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: All Ordinances require Council approval. EMERGENCY / NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Financial Services Management and Budget FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line item Budget 0 0 Encumbered / Expended Amount 0 0 This item $1,393,692 $1,393,692 BALANCE $1,393,692 $1,393,692 ---- Fundts- rPa -sserrgerFa-ciiity -Fund - 4621 Comments: Passenger Facility Charge funds along with budgeted operating funds combine to provide the total debt service requirement. RECOMMENDATION: Staff recommends approval of the ordinance as presented. UST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager Ordinance appropriating $1,393,692 from the unreserved fund balance in Passenger Facility Charge Fund No 4621 and transferring $971,742 into the Airport 2000A Debt Service Fund No. 4640 and $421,950 into the Airport 20006 Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the FY2011 -2012 Capital Budget adopted by Ordinance No. 029135 to increase appropriations by $1,393,692. Be it ordained by the City Council of the City of Corpus Christi Texas: SECTION 1. That $1,393,692 is appropriated from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and that $971,742 is transferred into the Airport 2000A Debt Service Fund No. 4640 and that $421,950 is transferred into the Airport 2000B Debt Service fund No. 4641 for debt service on airport improvements. SECTION 2. That the FY 2011 -2012 Capital Budget adopted by Ordinance No. 029135 is changed to increase appropriations by $1,393,692. That the foregoing ordinance was read for the , 2011, by the following vote: first time and passed to its second reading on this the / 1 day of 064 Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: 41+ • 2$, Po t By: Lisa Aguilar sistant City Attorney for the City Forney Joe Adame Mayor 13 AGENDA MEMORANDUM for the City Council Meeting October 11, 2011 DATE: October 11, 2011 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Interim Director of Financial Services C' constancep@cctexas.com (361) 826 -3227 Public Hearing and Authorization for the City of Corpus Christi to Tax Tangible Personal Goods -in- Transit in 2012 PURPOSE: Public hearing and ordinance authorizing the City of Corpus Christi to tax tangible goods - in- transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. BACKGROUND AND FINDINGS: Legislation passed during the Special Session in June 2011 modified Section 11.253 of the Tax Code relating to property taxes on certain types of "goods -in- transit ". A property tax exemption, commonly referred to as the "Super Freeport" exemption, allows a local exemption for goods -in- transit that ultimately will stay in Texas to remain at a location for up to 175 -days tax free and can be claimed when the goods are at certain warehouses not owned by the owner of the goods. Senate Bill 1 (SB 1), Article 48 requires cities to take official action between October 1, 2011 and December 31, 2011, to provide for the taxation of these goods -in- transit beginning in 2012. The city must also conduct a public hearing prior to doing so. These new requirements apply regardless of any action taken by a city in the past to tax "Freeport" goods. Failure to take official action within the timeframe will mean that the goods -in- transit will be exempt from taxation in 2012. It should be noted that the "Freeport" exemption applies to goods -in- transit, mostly warehouse inventory and manufacturing materials, that pass through the state of Texas within 175 days (as compared to the "Super Freeport" goods -in- transit that remain in the state of Texas). In addition, some cities expressed concern that the previous statutory language would impermissibly allow some retailers to claim the exemption by "spinning off' ownership of goods -in- transit. SB1 also clarified that the "Super Freeport" property tax exemption is not available for goods stored at a warehouse that is in any way owned or controlled by the owner of the goods. In order for the City of Corpus Christi to continue taxing these goods, the City must pass an ordinance by December 31, 2011 electing to exclude the exemption so that there will not be any potential loss in ad valorem property valuation and revenue Toss. The goods - in- transit will then remain subject to taxation by the City until the City Council rescinds or repeals the ordinance which approved the taxation of the goods -in- transit. ALTERNATIVES: n/a OTHER CONSIDERATIONS: The required public hearing is scheduled to be held on Tuesday October 18, 2011 during the City Council meeting beginning at 12:00 p.m. in the City Council Chambers. Notification for the public hearing is planned to be published on Sunday, October 9, 2011 in the Corpus Christi Caller - Times. FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - $ - $ 132,000 $ 132,000 BALANCE _ - $ - $ 132,000 $ 132,000 FUND(S): 1020 "General Fund" 2010 "Debt Service Fund" 1111 "Reinvestment Zone #2" 1112 "Reinvestment Zone #3" COMMENTS: These "Super Freeport" goods -in- transit are currently taxable and have previously been included in the City of Corpus Christi's net assessed values and corresponding ad valorem property tax revenue. By taking no action, the impact of SB1 would exempt these properties from ad valorem taxes, which equates to a revenue loss for the City of Corpus Christi. In order to quantify this amount, assessed values associated with the "Freeport" exemption were used as a beginning basis. It is estimated that the City of Corpus Christi could have a potential ad valorem property value foss of $23,045,000 if this ordinance is not approved, which equates to a potential ad valorem property revenue Toss of approximately $132,000 per year. RECOMMENDATION: Staff recommends approval of the ordinance as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: This ordinance requires two readings. The second reading is scheduled for October 18, 2011. DEPARTMENTAL CLEARANCES: • Office of Management and Budget • Legal Department LIST OF SUPPORTING DOCUMENTS: Copy of Article 48 of Senate Bill 1 Ordinance CC: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager S.B. No. 1 1 (a) Not later than June 1 of every fifth [each] year, the 2 commission shall provide to the comptroller, for the purpose of 3 assisting the comptroller in the identification of persons entitled 4 to unclaimed property reported to the comptroller, the name, 5 address, social security number, and date of birth of each person 6 about whom the commission has such information in its records. 7 SECTION 47.04. The Department of Public Safety, the 8 Employees Retirement System of Texas, the Teacher Retirement System 9 of Texas, and the Texas Workforce Commission shall provide 10 information to the comptroller as required by Subsection (a), 11 Section 411.0111, and Subsection (a), Section 821.010, Government 12 Code, and Subsection (a), Section 301.086, Labor Code, as amended 13 by this article, beginning in 2016. 14 ARTICLE 48. AD VALOREM TAXATION OF CERTAIN STORED PROPERTY 15 SECTION 48.01. Subsection (a), Section 11.253, Tax Code, is 16 amended by amending Subdivision (2) and adding Subdivisions (5) and 17 (6) to read as follows: 18 (2) "Goods -in- transit" means tangible personal 19 property that: 20 (A) is acquired in or imported into this state to 21 be forwarded to another location in this state or outside this 22 state; 23 (B) is stored under a contract of bailment by a 24 public warehouse operator [detained] at one or more public 25 warehouse facilities (a location] in this state that are not in any 26 way owned or controlled by [in which] the owner of the personal 27 property [ 121 -1 1 6- ] S.B. No. 1 1 for the account of [acccmbling, ctoring, manufacturing, 2 proscccing, or fabricating purpoccc by] the person who acquired or 3 imported the property; 4 (C) is transported to another location in this 5 state or outside this state not later than 175 days after the date 6 the person acquired the property in or imported the property into 7 this state; and 8 (D) does not include oil, natural gas, petroleum 9 products, aircraft, dealer's motor vehicle inventory, dealer's 10 vessel and outboard motor inventory, dealer's heavy equipment 11 inventory, or retail manufactured housing inventory. 12 (5) "Bailee" and "warehouse" have the meanings 13 assigned by Section 7.102, Business & Commerce Code. 14 (6) "Public warehouse operator" means aperson that: 15 (A) is both a bailee and a warehouse; and 16 (B) stores under a contract of bailment, at one 17 or more public warehouse facilities, tangible personal property 18 that is owned by other persons solely for the account of those 19 persons and not for the operator's account. 20 SECTION 48.02. Section 11.253, Tax Code, is amended by 21 amending Subsections (e) and (h) and adding Subsections (j -1) and 22 (j -2) to read as follows: 23 (e) In determining the market value of goods -in- transit 24 that in the preceding year were [acccmblcd,] stored[ 25 procccccd, or fabricated] in this state, the chief appraiser shall 26 exclude the cost of equipment, machinery, or materials that entered 27 into and became component parts of the goods -in- transit but were 122 -117- S.B. No. 1 1 not themselves goods -in- transit or that were not transported to 2 another location in this state ox outside this state before the 3 expiration of 175 days after the date they were brought into this 4 state by the property owner or acquired by the property owner in 5 this state. For component parts held in bulk, the chief appraiser 6 may use the average length of time a component part was held by the 7 owner of the component parts during the preceding year at a location 8 in this state that was not owned by or under the control of the owner 9 of the component parts in determining whether the component parts 10 were transported to another location in this state or outside this 11 state before the expiration of 175 days. 12 (h) The chief appraiser by written notice delivered to a 13 property owner who claims an exemption under this section may 14 require the property owner to provide copies of property records so 15 the chief appraiser can determine the amount and value of 16 goods -in- transit and that the location in this state where the 17 goods-in-transit were detained for storage [accembling, ctoring, 18 manufacturing, prococcing, or fabricating pu e] was not owned 19 by or under the control of the owner of the goods -in- transit. If 20 the property owner fails to deliver the information requested in 21 the notice before the 31st day after the date the notice is 22 delivered to the property owner, the property owner forfeits the 23 right to claim or receive the exemption for that year. 24 (j -1) Notwithstanding Subsection (j) or official action 25 that was taken under that subsection before October 1, 2011, to tax 26 goods -in- transit exempt under Subsection (b) and not exempt under 27 other law, a taxing unit may not tax such goods -in- transit in a tax 123 -118- S.B. No. 1 1 year that begins on or after January 1, 2012, unless the governing 2 body of the taxing unit takes action on or after October 1, 2011, in 3 the manner required for official action by the governing body, to 4 provide for the taxation of the goods -in- transit. The official 5 action to tax the goods -in- transit must be taken before January 1 of 6 the first tax year in which the governing body proposes to tax 7 goods -in- transit. Before acting to tax the exempt property, the 8 governing body of the taxing unit must conduct a public hearing as 9 required by Section 1 -n(d), Article VIII, Texas Constitution. If 10 the governing body of a taxing unit provides for the taxation of the 11 goods -in- transit as provided by this subsection, the exemption 12 prescribed by Subsection (b) does not apply to that unit. The 13 goods -in- transit remain subject to taxation by the taxing unit 14 until the governing body of the taxing unit, in the manner required 15 for official action, rescinds or repeals its previous action to tax 16 Goods -in- transit or otherwise determines that the exemption 17 prescribed by Subsection (b) will apply to that taxing unit. 18 (1-2) Notwithstanding Subsection (j -1), if under Subsection 19 (j) the governing body of a taxing unit, before October 1, 2011, 20 took action to provide for the taxation of goods -in- transit and 21 pledged the taxes imposed on the goods -in- transit for the payment 22 of a debt of the taxing unit, the tax officials of the taxing unit 23 may continue to impose the taxes against the goods -in- transit until 24 the debt is discharged, if cessation of the imposition would impair 25 the obligation of the contract by which the debt was created. 26 SECTION 48.03. Subdivision (2), Subsection (a), Section 27 11.253, Tax Code, as amended by this article, applies only to an ad 124 -119- S.B. No. 1 1 valorem tax year that begins on or after January 1, 2012. 2 SECTION 48.04. (a) Except as provided by Subsection (b) of 3 this section, this article takes effect January 1, 2012. 4 (b) Section 48.02 of this article takes effect October 1, 5 2011. 6 ARTICLE 49. FISCAL MATTERS CONCERNING ADVANCED PLACEMENT 7 SECTION 49.01. Subsection (h), Section 28.053, Education 8 Code, is amended to read as follows: 9 (h) The commissioner may enter into agreements with the 10 college board and the International Baccalaureate Organization to 11 pay for all examinations taken by eligible public school students. 12 An eligible student is a student €acre] who: 13 (1) •takes a college advanced placement or 14 international baccalaureate course at a public school or who is 15 recommended by the student's principal or teacher to take the test; 16 and 17 (2) demonstrates financial need as determined in 18 accordance with guidelines adopted by the board that are consistent 19 with the definition of financial need adopted by the college board 20 or the International Baccalaureate Organization. 21 ARTICLE 50. FISCAL MATTERS CONCERNING TUITION EXEMPTIONS 22 SECTION 50.01. Section 54.214, Education Code, is amended 23 by amending Subsection (c) and adding Subsection (c-1) to read as 24 follows: 25 (c) To be eligible for an exemption under this section, a 26 person must: 27 (1) be a resident of this state; 125 Page 1 of 3 Ordinance providing for continuation of taxation of goods in transit in tax years beginning on or after January 1, 2012 in accordance with Texas Tax Code Section 11.253. Whereas, in accordance with Tax Code Section 11.253 (j), the City Council, in Ordinance No. 027542 approved on December 18, 2007, authorized property taxes on goods in transit which would otherwise be exempt under subsection (b); Whereas, Texas Senate Bill 1 which passed during June 2011 special session of the Texas Legislature, modified Tax Code Section 11.253 relating to property taxes on goods in transit; Whereas, Senate Bill 1, Article 48, requires cities to take official action between October 1, 2011 and December 31, 2011 to provide for the continued taxation of goods in transit; Whereas, SB1 modified the definition of "goods in transit" in Texas Tax Code Section 11.253 (a) (2) to mean tangible personal property that: (A) is acquired in or imported into this state to be forwarded to another location in this state or outside this state; (B) is stored under a contract of bailment by a public warehouse operator at one or more public warehouse facilities in this state that are not in any way owned or controlled by the owner of the personal property for the account of the person who acquired or imported the property; (C) is transported to another location in this state or outside this state not later than 175 days after the date the person acquired the property in or imported the property into this state; and (D)does not include oil, natural gas, petroleum products, aircraft, dealer's motor vehicle inventory, dealer's vessel and outboard motor inventory, dealer's heavy equipment inventory, or retail manufactured housing inventory; Whereas, SB1 provides that notwithstanding that official action was taken under the previous law before October 1, 2011, to tax goods in transit exempt under subsection (b) and not exempt other law, a taxing unit may not tax such goods in transit in a tax year that begins on or after January 1, 2012, unless the governing body of the taxing unit takes action on or after October 1, 2011, in the manner required for official action by the governing body, to provide for the taxation of the goods in transit, after holding a public hearing; Whereas SB1 provides that the goods in transit remain subject to taxation by the taxing unit until the governing body of the taxing unit, in the manner required for official action, rescinds or repeals its previous action to tax goods in transit; Page 2 of 3 Whereas, the City Council of the City of Corpus Christi conducted a public hearing as required by SB 1; Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. In accordance with Texas Tax Code Section 11.253 as amended by Senate Bill 1 during the June 2011 special session of the 82nd Texas Legislature, all goods in transit as defined in Texas Tax Code Section 11.253 shall continue to be subject to taxation by the City of Corpus Christi, Texas, in tax years beginning on or after January 1, 2012. SECTION 2. This Ordinance shall be effective upon date of final approval, and shall continue to provide for taxation of goods in transit in succeeding tax years until rescinded or repealed by action of the City Council. Page 3 of 3 That the foregoing ordinance was read for th first time and passed to its second reading on this the 1 / day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal PASSED AND APPROVED, this the ATTEST: David Loeb John E. Marez Nelda Martinez Mark Scott Armando Chapa City Secretary APPROVED as to form: Azr1 . r k III By Lisa Aguilar, ssistant City Attorney for the City Attorney day of , 2011. Joe Adame Mayor 14 AGENDA MEMORANDUM for the City Council Meeting October 18, 2011 DATE: TO: FROM: October 18, 2011 Ronald L. Olson, City Manager Constance P. Sanchez, Interim Director of Financial Services constancep @cctexas, com (361) 826 -3227 Cig Certification of 2011 Property Tax Levy PURPOSE: Motion approving the 2011 Property Tax Levy of $79,226,309.03 based on the adopted property tax rate of $0.570557 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. BACKGROUND AND FINDINGS: The Texas Property Tax Code establishes rules for approval of the property tax levy. Section 26.09(e) of the Code requires the tax assessor to submit the unit's tax levy to the governing body for approval. The tax levy is the amount of current property taxes to be collected for the fiscal year (FY), which is derived by applying the adopted property tax rate to the certified appraisal roll. The property tax levy for 2011 that is based upon a property tax rate of $0.570557 per $100 valuation and a taxable value of $14,101,161,523 is as follows: Tax Lew $53,632,216.72 26,822,947.43 $80,455,164.15 279,395.93 (1.508,251.05) $79,226,309.03 Component Supporting the City's maintenance and operations Supporting the City's debt service Add: Net Late Rendition Penalty -- Personal Property Accounts Less: Over -65 /Disabled Homestead Frozen Levy Loss 2011 Ad Valorem Tax Levy As can be seen above, additional revenue for a late rendition penalty on personal property accounts is considered in the computation of the tax levy. The Chief Appraiser may impose a penalty on a person who fails to timely file the required rendition statement or property report on all tangible personal property used for production of income that the person owns or manages and controls as a fiduciary. The tax assessor shall then add the amount of the penalty to the amount of tax imposed on the property and include that amount on the individual's tax bill. Additionally, the over -65 /disabled homestead tax freeze is an important factor in the computation of the tax levy. Fiscal year (FY) 2011 -2012 reflects the effect of the seventh year of implementation of the over -65 /disabled homestead tax freeze. The Toss of tax levy due to the tax freeze as compared to prior years is reflected in the following table: Fiscal Year Levy Loss FY 2011 -2012 $ 1,508,251 FY 2010 -2011 $ 1,663,134 FY 2009 -2010 $ 1,740,803 FY 2008 -2009 $ 1,500,522 FY 2007 -2008 $ 1,210,235 FY 2006 -2007 $ 650,651 FY 2005 -2006 $ 396,701 It should also be noted that property taxes budgeted in the FY 2011 -2012 budget were based on the net appraised property values certified by the Nueces County Appraisal District of $14,085,804,898 — made up of 100% of the values of the properties not under protest and 85% of the values of the properties under protest. The total taxable values certified by the Nueces County Tax Office of $14,101,161,523 include 100% of the values of the properties not under protest and 100% (versus 85 %) of the properties under protest. This accounts for the $15,356,625 increase in assessed values certified by the Nueces County Tax Office. In the FY2011 -2012 budget adopted by the City Council on July 29, 2011, the total property tax levy budgeted in all funds (General Fund, Debt Service Fund, Reinvestment zone #2, and Reinvestment Zone #3) was $77,374,394. When comparing this figure to the certified ad valorem tax levy of $79,226,309, the collection rate certified for the year must be applied. The collection rate certified by the Nueces County Tax Office for FY 2011- 2012 is 98 %. As a result of applying this rate to the 2011 certified ad valorem tax levy of $79,226,309, the "net" levy is calculated to be $77,641,783 — which is consistent to the ad valorem tax revenue budgeted in the FY 2011 -2012 budget of $77,374,394. The $267,389 difference in estimated tax levy is a very conservative difference that may or may not be realized due to variances which may occur in the collection rate. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ 77,374,394 $ - $ 77,374,394 Encumbered /Expended amount of (date) - - - - This item - $ - $ - $ BALANCE - $ 77,374,394 $ - $ 77,374,394 FUND(S): 1020 "General Fund" $ 50,028,246 2010 "Debt Service Fund" $ 25,608,932 1111 "Reinvestment Zone #2" $ 1,668,193 1112 "Reinvestment Zone #3" $ 69,023 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Office of Management and Budget • Legal Department LIST OF SUPPORTING DOCUMENTS: Certification of Tax Levy for the Tax Year 2011 cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Nueces County Courthouse 901 Leopard Suite 301 Corpus Christi, 2X 78401 -3684 Ramiro "bonnie" Canapes Assessor and Collector Of 2'axs Noise: (361) 888 -0307 !Fax (361) 888 -0218 ronnie.cana&s @ca.nueces.e .us CERTIFICATION OF TAX LEVY FOR THE TAX YEAR 2011 CITY OF CORPUS CHRISTI Total Appraised Value ®100%. of Market Value Less: Partial Exemptions Ag -Use account value loss and abatements Total Net Appraised Value Assessment Ratio Total Taxable Value 2011 Adopted Tax Rate 2011 Ad Valorem Tax Levy Less: fiver- 65/Disabled Homestead Frozen Levy Loss Plus: Late Rendition Penalty - Personal Property Accounts Less: 5% of Late Rendition Penalty to the Appraisal District Plus: Late Ag Penalty 201.1 Total Ad Valorem Tax Levy $ 17,914,854,015 3,813,692,492 $14,101,161;523 100% $14,101,161,523 .570557 l$100 $ 80,455,164.15 $ 1,508,251.05 $ 294,100.98 $ 14,705.05 $ 79,22 3 Submission of the Tax Levy for 2011 for approval by the City of Corpus Chri in accordance with Section 26.09(e) of the Texas Property Tax Code. Ramiro R. Canales, CTA Nueces County Tax Assessor- Collector SWORN AND SUBSCRIBED TO before me at Corpus Christi, Texas this ``day of October, A.D., 2011. SUZAN COX 146174k,, �d"s Notary PublicrState of Texas ' =y My Commission Expires %%;,y,,,'„- October 27, 2011 THE STATE OF TEXAS COUNTY OF NUECES a Notary Pub l ` , State of T xas The Tax Levy is hereby approved by the City of Corpus Christi City Council on this day of . A.D.. 2011. ATTEST: City Secretary, City of Corpus Christi -130- Mayor, City of Corpus Chrsiti 15 DATE: TO: FROM: Gustavo Gonzalez, P.E. Director of Water Operati41 gustavogo@cctexa.com 361.826.1874 AGENDA MEMORANDUM for the City Council Meeting of 10/18/11 Ronald L. Olson, City Manager CAPTION: Temporary Raw water sales contract with Formosa Plastic Corporation, Texas Ordinance authorizing the City Manager to execute a Temporary raw water sales contract with Formosa Plastics Corporation -- Texas. BACKGROUND AND FINDINGS: Lavaca Navidad River Authority has an annual contract for approximately 25,000 acre feet of raw water with Formosa Plastics, Inc a Texas Corporation located in Point Comfort, Texas. Contract provisions stipulate that if the storage volume of Lake Texana fails below fifty percent (50 %) storage, then LNRA has a right to reduce the diversions to Formosa Plastics, Inc. by ten (10) percent. This amount equates to 250 acre feet per month. Formosa Plastics has requested a water contract from the City of Corpus Christi for the amount of 250 acre feet per month for four months not to exceed 1,000 acre feet. This amount will be reduced from our contract water allocation from Lake Texana of 3,483 acre feet per month. ALTERNATIVES: Deny the request for a short term raw water supply contract. OTHER CONSIDERATIONS: Additional short term revenues will benefit the City's Water Fund. CONFORMITY TO CITY POLICY: The City of Corpus Christi has several other water contracts with municipalities and industrial customers in the area. EMERGENCY / NON-EMERGENCY: Non - Emergency —133— DEPARTMENTAL CLEARANCES: None required FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget 0 0 Encumbered / Expended Amount This item 1,000,000 1,000,000 BALANCE undcs): Comments: None RECOMMENDATION: Staff recommends approval of this item. LIST OF SUPPORTING DOCUMENTS: Water sales contract Approvals: Jay Reining , Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Johnny Perales, Assistant City Manager 'Page 1 of 2 An ordinance authorizing the City Manager to execute a temporary raw water sales contract with Formosa Plastics Corporation, Texas; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager is authorized to execute a temporary raw water sales contract with Formosa Plastics Corporation, a substantial copy of which is attached to and incorporated into this ordinance as Exhibit "A ". Section 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Formosa Contract ord 10052011.docx —135— Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the (1 day of D 4941-201 1 , by the following vote: Joe Adame AJ 0 David Loeb Chris N. Adler c.- John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick c. Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal Passed and Approved, this the day of , 2011. Attest: Armando Chapa City Secretary Approved: 51h day of October, 2011: R. y fining First ssistant City Attorney For City Attorney Formosa Contract ord 1005201 1.docx Joe Adame Mayor —136— 16 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 10/18/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean @cctexas.com (361) 826-3781 CAPTION: Approval of Construction Contract: Yorktown Boulevard from Staples to Cimarron Landscaping Improvements BOND ISSUE 2008 (Proiect No. E11029) ■ A. Ordinance appropriating $814,025.66 of anticipated revenues from the Texas Department of Transportation in Fund No. 3530 for the Yorktown Boulevard from Staples to Cimarron Landscaping Improvements; changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $814,025.66. B. Motion authorizing the City Manager, or designee, to execute a construction contract with Barcom Commercial. of Corpus Christi, Texas in the amount of $1,017,532.07 for Yorktown Boulevard from Staples to Cimarron Landscaping Improvements for the Base Bid. BACKGROUND AND FINDINGS: The project consists of installing drought - tolerant landscaping and irrigation systems in the raised median for Yorktown Boulevard between Staples Street and Cimarron Boulevard. This project is part of the Transportation Enhancement Program administered by the Texas Department of Transportation (TXDOT) and provides opportunities for non - traditional transportation activities. Projects must go above and beyond standard transportation activities and be integrated into the surrounding environment in a sensitive and creative manner that contributes to the livelihood of the community, promotes the quality of the environment and enhances the aesthetics of the roadways through the grant. This project will receive a TXDOT reimbursement up to 80 percent of allowable construction costs, while the City's 20% grant match funding is available from Bond Issue 2008 proceeds. On August 17, 2011, the City received proposals from five (5) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Barcom Commercial Corpus Christi, Texas $1,017,532.07 H2O Construction Services Harlingen, Texas $1,093,679.00 Maldonado Nursery San Antonio, Texas $1,136,087.29 K ENGINEERING DATAEXCHANGEILYNOAISTREETS12008 BOND IS8UE16464 - YORKTOWNT;;^ §_'-)RKTOWN LANDSCAPINGIAGENDA ITEM.DOTx ALTERNATIVES: There are no alternative associated with this Base Bid. OTHER CONSIDERATIONS: The City's consultant, Freese and Nichols, conducted a bid analysis of the five proposals submitted to the City. The lowest bidder based on the Total Base Bid is Barcom Commercial of Corpus Christi, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Barcom Commercial has the experience and resources to complete the project. Freese and Nichols recommend the City award the Base Bid in the amount of $1,017,532.07 to Barcom Commercial. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; Bond Issue 2008; FY 2011 -12 Capital Budget. EMERGENCY/ NON - EMERGENCY: Non Emergency DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 1,017,532.07 $0.00 $1,017,532.07 Encumbered / Expended Amount This item $0.00 $1,017,532.07 $0.00 $1,017,532,07 BALANCE Fund(s): Street Bond Issue 2008 Comments :This project requires 90 working days, with anticipated completion approximately February 2012. Thus, funding for this contract will only be required during Fiscal Year 2011 -2012. RECOMMENDATION: City staff and Freese and Nichols recommend that the construction contract be awarded to Barcom Commercial of Corpus Christi, Texas in the amount of $1,017,532.07 for Yorktown Boulevard from Staples to Cimarron Landscaping Improvements. UST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager K:IENGINEERING DATAEXCHANGEILYNDAISTREET5I200B BOND ISSUE16464 - YORKTOWNM " ^O1TGWN LANDSCAPINGSAGENDA ITEM.DOTX PROJECT BUDGET Yorktown Boulevard from Staples to Cimarron Landscaping Improvements Project No. E11029 October 11, 2011 FUNDS AVAILABLE: Street CIP (Bond 2008) Texas Department of Transportation Grant TOTAL FUNDS AVAILABLE: FUNDS REQUIRED: Construction: Barcom Commercial Contingencies (5 %) Consultant Fees: Consultant (Freese and Nichols, Inc.) * Materials Testing Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project MgtfConstr Mgt/Traffic Mgt) Construction Inspection Misc. (Printing, Advertising, etc.) TOTAL ESTIMATED PROJECT BUDGET BALANCE $277,233.65 $814,025.66 $1,091,259.31 $1,017,532.07 $50,876.60 $0.00 $0.00 $10,175.32 $10,175.32 $0.00 $2,500.00 $1,091,259.31 0.00 * Amendment No. 5 for Landscaping Design was a no -cost amendment approved August 2011 by administrative approval. There will be no material testing for this project and Construction Inspection Services are part of the Yorktown Road Construction Project and will not require additional inspection services. —141— File : \Mproject\councilexh\E11029.dwg YORKTOWN BOULEVARD FROM STAPLES TO CIMARRON LANDSCAPING IMPROVEMENTS (BOND 2008) -142- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: ! of 1 DATE: 10-11-2011 MEW NMI Page 1 of 2 Ordinance appropriating $814,025.66 of anticipated revenue from the Texas Department of Transportation in Fund No. 3530 for the Yorktown Boulevard from Staples to Cimarron Landscaping Improvements; changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $814,025.66; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $814,025.66 of anticipated revenue from the Texas Department of Transportation is appropriated in Fund No. 3530 for the Yorktown Boulevard from Staples to Cimarron Landscaping Improvements. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase revenues and expenditures by $814,025.66 each. Section 3. Upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 11th day of October, 2011. ATTEST: Armando Chapa City Secretary A p oved,as to f• m: ;Sep -11 Veronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor 101111 ORD App $814,025.66 TxDOT anticipated rev for Yorktown Landscaping Imprvmts - -143 -- Page 2 of 2 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 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 David Loeb 101111 ORD App $814,025.66 TxDOT anticipated rev for Yorktown Landscaping Irnprvrnts —144— 17 AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 DATE: 10/11/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean @cctexas.com (361) 826 -3781 Foster Crowell, Director of Wastewater Services foster @cctexas.com (361) 826 -1801 CAPTION: Approval of Construction Contract: Resaca Lift Station Upgrade 2009 (Project No. 7447) Motion authorizing the City Manager, or designee, to execute a construction contract with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $1,891,600 for Resaca Lift Station Upgrade 2009 for the Base Bid. BACKGROUND AND FINDINGS: The proposed project is funded through City of Corpus Christi Capital Improvement Program Sequence No. WW 01 (New Broadway Wastewater Treatment Plant). The contract has bid and City Council approval is required for construction to commence. The project consists of pump upgrades and electrical improvements needed to support the new plant's designed treatment capacity. On August 17, 2011, the City received proposals from six (6) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Graham Construction Services Eagan, Minnesota $1,891,600.00 J.S. Haren Company Athens, Tennessee $1,944,000.00 ACP Boerne, Texas $1,987,530.00 ALTERNATIVES: There are no alternatives associated with this Base Bid. K1E;NGINEERING DATAEXCHANGE IVELMAPIWASTEWATER17447 RESACA LIFT STATIOF . +j, "tut, i wn AGENDA ITEM.COTX OTHER CONSIDERATIONS: The City's consultant, LNV, Inc., conducted a bid analysis of the six proposals submitted to the City. The lowest bidder based on the Total Base Bid is Graham Construction Services, Inc. of Eagan, Minnesota. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Graham Construction Services, Inc. has the experience and resources to complete the project. LNV, Inc. recommends that the City award the Base Bid in the amount of $1,891,600 to Graham Construction Services, Inc. Graham Construction Services, Inc. is currently constructing improvements to the New Broadway Wastewater Treatment Plant (Project No. 7293). The construction contract was awarded to Graham Construction Services, Inc. on November 10, 2009 (Motion No. M2009 -313). CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2011 -2012 Capital Budget. EMERGENCY 1NON- EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Wastewater FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $21,000,000 $10,818,600 $31818,600 Encumbered / Expended Amount This item $1,891,600 $1,891,600 $29,927,000 BALANCE $19,108,400 _ $10,818,600 Fund(s): Wastewater CIP Comments: The project is requires 240 calendar days, with anticipated completion approximately June 2012. Thus, funding for this contract will only be required during Fiscal Year 2011 -2012. RECOMMENDATION: City staff and LNV, Inc. recommend that the construction contract be awarded to Graham Construction Services, Inc. of Eagan, Minnesota in the amount of $1,891,600 for the Resaca Lift Station Upgrade 2009. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —148— KIENGINEERING OATAEXCHANGE ,VELMAPIWASTEWATER17447 RE$ACA LIFT STA1.,,..,LAJrva I KUCTION AGENDA ITEM.COTX PROJECT BUDGET RESACA LIFT STATION UPGRADE 2009 ADJACENT TO BROADWAY WASTEWATER TREATMENT PLANT (INSIDE CITY LIMITS ONLY) (CIP 2010 - 2012) Project No. 7447 October 11, 2011 FUNDS AVAILABLE: Wastewater CIP (2010 -2012) $2,500,000.00 FUNDS REQUIRED: Construction (Graham Construction Services, inc.) Base Bid... $1,891,600.00 Contingencies 112,500.00 Consultant Fees: Consultant (LNV Engineering, Inc.) * 182,400.00 Construciton Materials Testing (Rock Engineering) 11,970.00 Reimbursements: Contract Administration (Contract PreparationlAwardfAdmin).. 18,750.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)... 43,750.00 Finance Issuance... 6,250.00 Misc. (Printing, Advertising, etc.) 6,250.00 TOTAL $2,273,470.00 ESTIMATED PROJECT BUDGET BALANCE $226,530.00 * Awarded by City Council on July 14, 2009 (Motion No. M2009 -190). -149- \M ro 'act councilexhibits exh7447.dw CORPUS CM 1.1521 PAY E. PORT AVE. kh l EROAOWAY WASTEWATER TREATMENT PLANT PROJECT SITE LOBO ST. PROJECT # 7447 VICINITY MAP NOT TO SCALE RESACA LIFT STATION UPGRADE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 7 of 1 DATE 10 /11 /2011 18 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of October 11, 2011 DATE: October 11, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services 1/4 petean @cctexas.com, (361) 826 -3781 Michael Morris, Director of Parks and Recreation -Mi michaeimo @cctexas.com, (361) 826 -3464 Approval of Construction Contract: Corpus Christi Beach Promenade Northward Extension for the Base Bid plus Additive Alternate No. 2 — Project No. 3393 PURPOSE: Motion authorizing the City Manager or designee to execute a construction contract with Blue Bay Construction of Houston, Texas, in the amount of $348,910.95 for the Corpus Christi Beach Promenade Northward Extension for the Base Bid plus Additive Alternate No. 2. (Bond Issue 2008). BACKGROUND AND FINDINGS: The Base Bid includes promenade improvement consisting of approximately 3,810 LF of 10 ft. wide boardwalk, 650 sq. ft. of accessible beach matting, 2 drinking fountains, 7 concrete benches, landscaping and irrigation, elevated wood walkway and 1 elevated wood shade structure pavilion. Additive Alternate No. 1 includes adding an integrally colored and formed pattern concrete topping to base bid promenade concrete walkway. Additive Alternate No. 2 includes pedestrian improvements along the sidewalk/promenade including 7 shade structures with concrete pads, 2 concrete pads at existing shade structure canopies. Bid results and staff recommendations have been reviewed with the Corpus Christi Beach Task Force. On May 25, 2011, the City received proposals from five (5) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Base Bid Additive Alternate 1 Base Bid Additive Alternate 2 Blue Bay Construction, LLC Houston, Texas $301,969.95 $140,207.50 $47,214.00 Leoncitos, Inc. Corpus Christi, Texas $339,990.24 $81,815.20 $169,409.57 Elite General Contractors Corpus Christi, Texas $377,391.20 $188,043.00 $80,625.00 BID AWARD ALTERNATIVES CONSIDERED: 1. Award Base Bid to Blue Bay Construction, LLC. 2. Award Base Bid plus Additive Alternate 1 to Leoncitos, Inc. 3. Award Base Bid plus Additive Alternate 2 to Blue Bay Construction, LLC. 4. Award Base Bid plus Additive Alternate 1 & 2 to Blue Bay Construction, LLC. —153 K;IEngineering DetaExchangeSVELMAPIPARKS 8, REC13393 EXTEND PROMENAD NOF I H CC aEM H'CONSTRUCTIDNS3393 - Executive Summary.docx FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense a Revenue X CIP FISCAL YEAR: 2010 -2011 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $121,800.00 $478,200.00 $0.00 $600,000.00 $121,800.00 $348,910.95 $129,289.05 Encumbered /Expended Amt. $121,800.00 $0.00 This item $348,910.95 $0.00 BALANCE $0.00 $129,289.05 FUNDS (S): Parks and Recreation Comments: This project was approved by the voters in the November 2008 bond election to extend the Beach Promenade Boardwalk. This project will improve existing conditions on Corpus Christi Beach resulting in safer conditions and a more enjoyable experience for City residents and tourists. The bid results were presented and discussed with the Corpus Christi Beach Task Force. Their recommendation is to award Base Bid plus Additive Alternate 2. Additive Alternate 2 will include additional shade structures. This project requires 180 working days, with anticipated completion approximately May 2012. RECOMMENDATION: City staff and Wright Architects, recommend that the contract be awarded to Blue Bay Construction, LLC. of Houston, Texas, in the amount of $348,910.95 for the Base Bid plus Additive Alternate 2. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; Bond Issue 2008; FY 2011 -12 Capital Budget. EMERGENCY 1 NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Parks and Recreation LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map CC: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —154— KAEngineering DataExchangelVELMAPIPARKS & REC13393 EXTEND PROMENADE NORTH CC BEACHICONSTRUCTION13393 - Executive Summary_docx PROJECT BUDGET CORPUS CHRISTI BEACH PROMENADE NORTHWARD EXTENSION Project No. 3393 October 11, 2011 FUNDS AVAILABLE: Parks and Recreation CIP (Bond 2008) FUNDS REQUIRED: Construction (Blue Bay Construction, LLC) Contingencies (10 %) Consultant Fees: Consultant (Wright Architects) Materials Testing $600,000.00 348, 910.95 34, 891.10 57, 300.00 6,978.22 Reimbursements: Contract Administration (Contract PreparationfAward /Admin) 9,595.05 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 12,211.88 Construction Inspection 12,211.88 Finance Issuance 4,361.39 Misc. (Printing, Advertising, etc.) 1,744.55 TOTAL $488,205.02 ESTIMATED PROJECT BUDGET BALANCE $111,794.98 * Original Contract approved May 10, 2010 (Administrative Approval) in the amount of $48,300; Amendment No. 1 approved August 4, 2010 (Administrative Approval) in the amount of $1,500; Amendment No. 2 approved April 12, 2011 (Motion No. M2011 -082) in the amount of $7,500. Fife • \MDroiect councilexhibits\exh3393.dwq PROJECT LOCATION LOCATION MA A PROJECT # 3393 VICINITY MAP NOT TO SCALE EXTEND PROMENADE NORTHWARD ON CORPUS CHRISTI BEACH e156- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: Toff DATE 10 -11 -2011 19 AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 9/30/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Development Services StephenD@cctexas.com (361) 826- 3246 CAPTION: Amendment to Code of Ordinances Chapter 14, Article XIII, Development Services Fees and Chapter 55, Article V, Taps and Connections to adjust the fees in relation to the Construction Cost Index. Ordinance amending the Code of Ordinances, City of Corpus Christi Chapter 14 "Development Services," Article XIII "Development Services Fees," by revising the heading and references at Division 4 and at Section 14 -1341 from "Platting Ordinance Fees," to "Unified Development Code Fees"; by revising certain fees and charges at Section 14 -1341; by revising certain fees and charges at Chapter 55 "Utilities," Article V 'Taps and Connections," Section 55 -70 "Adoption of Rules, Regulations and Water and Gas Fees"; and by revising certain fees and charges at Section 55 -71 "Sewer Tapping Fees"; providing for Severance and publication. BACKGROUND AND FINDINGS: The City of Corpus Christi Unified Development Code, Sections 8.5.1.B.2.c and 8.5.2.0.3 require that various development fees and charges be annually adjusted to reflect the corresponding change in the Construction Cost Index published in the Engineering News Record magazine. This cost index factor is a composite nationwide factor based on detailed construction cost surveys for 20 major cities throughout the United States. The published annual change in the composite construction cost index for August, 2011 is +2.8 %. Components of this cost index increase from August, 2010 to August, 2011, include +2.2% for construction labor and +5.6% for construction materials. ALTERNATIVES: No viable alternative as the UDC Sections 8.5.1.B.2 and 8.5.2.D.3 mandates such an amendment. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The proposed fee amendments are consistent with the Unified Development Code Sections 8.5.1.B.2 and 8.5.2.0.3. EMERGENCY / NON- EMERGENCY: Non - Emergency — two readings —159— City Council Executive Summary Memorandum Development Services Fees Page 2 DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CEP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount _ This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the proposed ordinance revising certain fees and charges in the Code of Ordinances, Chapter 14, Article XIII and Chapter 55, Article V. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Deborah Brown, Assistant City Attorney Constance P. Sanchez, interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager K:SDEVELOPMENTSVCSISPECIAL SERVICESPLATSICOUNCIL MEMOS\DSC FEE INCREASES CONSTRUCTION INDEX.2011.000NCIL EXECUTIVE SUMMARY.DOCX —160 -- Ordinance amending the Code of Ordinances, City of Corpus Christi Chapter 14 "Development Services," Article XIII "Development Service Fees," by revising the heading and references at Division 4 and at Section 14 -1341 from "Platting Ordinance Fees," to "Unified Development Code Fees "; by revising certain fees and charges at Section 14- 1341; by revising certain fees and charges at Chapter 55 "Utilities," Article V "Taps and Connections," Section 55 -70 "Adoption of Rules, Regulations and Water and Gas Fees "; and by revising certain fees and charges at Section 55 -71 "Sewer Tapping Fees "; Providing for severance and publication. WHEREAS, the Corpus Christi Unified Development Code was adopted on July 1, 2011, and the former Platting Ordinance and Zoning Ordinance of the City of Corpus Christi, Texas was repealed, thus necessitating revision to various ordinance headings; WHEREAS, in accordance with the Unified Development Code, Sections 8.5.1..2.c and 8.5.2.0.3., an annual index of development fees and charges is required in accordance with the Construction Cost Index, thus requiring revision to certain fees and charges; WHEREAS, the City Council has determined that these amendments by revision are necessary and proper and best serve 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. Amending Chapter 14 "Development Services," Article XIII "Development Service Fees," by revising the heading and references at Division 4 and at Section 14- 1341 from "Platting Ordinance Fees," to "Unified Development Code Fees"; and by revising certain fees and charges at Section 14 -1341 to read as follows: Chapter 14 Development Services Article XIII. Development Service Fees DIVISION 4. PLATTING ORDINANCE FEES UNIFIED DEVELOPMENT CODE FEES Sec. 14 -1341. Platting ordinance Foos Unified Development Code fees, This division sets the amounts of the fees required by the Unified Development Code. Page 2 of 7 TABLE INSET: UNIFIED DEVELOPMENT CODE FEES PLATTING AMOUNT OF FEE ORDINANCE—FEES Platting Application Fees Type l or IA < 1 acre $171.00 Type 1 or IA 1 >= 5 acres $341.00 Type I or IA > 5 acres $554.00 Type 0 or 11A < 1 acre $512.00 Type II or IIA 1 >= 5 acres $792.00 TypellorIlA >5acres $896.00 Type III or IIIA < 1 acre $685.00 Type III or IIIA 1 >= 5 acres $685.00 Type III or IIIA > 5 acres $685.00 Application to extend a plat $38.00 Application to plat single lot subdivision by Engineering Services $60.00 Deposit for review of deed or surveyor field notes $50.00 Hardship variance application fee $160.00 Platting appeal application fee $50.00 Participation agreement $610.00 Deferment agreement fee $1,087.00 Utility easement by separate instrument fee $249.00 Infrastructure trust fund lot & acreage fees Lot fee for water infrastructure $349700 359.00 Acreage fee for water infrastructure $1,400:00 1 439.00 Surcharge for water infrastructure $0.00 Lot fee for water infrastructure for single- family or duplex . $177.00 182.00 Acreage fee for water infrastructure for single- family or duplex $699,00 719.00 Surcharge for water infrastructure for single-family or duplex $244:40 243.00 Water distribution line front foot pro rata fee $10.21 10.53 Page 2 of 7 -1 6 2- Page 3 of 7 PIIC water tap fee $480.00 PIIC lot fee for water infrastructure $480.00 PIIC acreage fee for water infrastructure $1,200.00 Lot fee for wastewater infrastructure $382700 393.00 Acreage fee for wastewater infrastructure $1,528.00 .1.571.00 Surcharge for wastewater infrastructure $269:00 277.00 Collection line front foot pro rata fee $11.85 12.18 Lot fee for storm water infrastructure $0.00 Acreage fee for storm water infrastructure $0.00 Surcharge for storm water infrastructure $0.00 Front foot pro rata charge $0.00 Request for lot /acreage fee exemption determination $60.00 Reimbursement agreement $535.00 Recording fees City's actual costs SECTION 2. Amending Chapter 55 "Utilities," Article V "Taps and Connections," Section 55 -70 "Adoption of rules, regulations, and water and gas fees," of the Code of Ordinances by revising certain fees and charges, to read as follows: Chapter 55 Utilities Article V. Taps and Connections Sec. 55 -70. Adoption of rules, regulations, and water and gas fees. The rules and regulations concerning the control, operation and administration of utility taps or services connections of water, gas and sewer utilities owned by the city and the regulations prescribing fees for utility taps or service connections are hereby adopted and approved as follows: (5) Fee schedule, gas: (a) Inside city limits: Page 3 of 7 —163— Page 4 of 7 TABLE INSET: • 3: y..,.._ . k" ! ;'..?= -i P4 fir3! •�;` o s$ P14 rtt-A 5L, r iratl 4,,;,-y+r .. cr a Gas -- Residential, 1 and 2- family dwelling $100.00 $100.00 Commercial up to two inch in size 300.00 300.00 Commercial larger than two inch in size Special* Special* Loops 10.00 Meter moves 50.00 *To be determined by Gas Division at the time of the request (b) Outside city limits: TABLE INSET: � A . �•i � �k�� �n,�'�§ i Hr ��� ��L.v � f � �L�-� � I rj'� )�'a� 4 ' '��F��, 7 Ysi1s x +.fir, �, Gas -- Residential, 1 and 2- family dwelling $100.00 $100.00 Commercial up to two inch in size 300.00 300.00 Commercial larger than two inch in size Special* Special* Loops 10.00 Meter moves 50.00 *To be determined by Gas Division at the time of the request (9) Fee schedule, water: (a) Inside city limits: TABLE INSET: 518 inch x 3/4 inch 3/4 inch $52043 $535.31 $534:74 $549.70 $432.73 $444.85 $116.73 $459.24 Page4of7 --16 4— Page 5 of 7 1 inch $679:44 $698.16 $591.1 $607.69 -4 Over 1 inch Special* Special* Loops *, minimum $292.90 $250.00 $242419 $250.00 Meter moves *, minimum $59:99 $60.00 $58,044 $60.00 enotes costs to be specified by the director of water utilities based on circumstances. (b) Fees inside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. TABLE INSET: '- n"fir7yLs Vyf." •t. rk.. �s.�,tr yy.� l.a S Lsf_a -, • ry mot ,ti1 5/8 inch x 3/4 inch X0766 $165.15 3/4 inch $174.65 $179.54 1 inch $217.30 $223.38 (c) Outside city limits: TABLE INSET: .emu Ys3^L�ysv ,� ��y". �Lr.r`s� 518 inch x 3/4 inch $7223 $742.97 $561.73 $577.46 3/4 inch $7403 $761.47 $576 $592.88 1 inch $9684 $995.25 Over 1 inch Special* Special* $7641 -4 $790.68 Special* Loops *, minimum $37490 $384.00 $37400 $384.00 Meter moves *, minimum $8,9 790 $91.00 $89:80 $91.00 *Denotes costs to be specified by the director of water utilities based on circumstances. (d) Fees outside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. Page 5 of 7 —165— Page 6 of 7 TABLE INSET: 5/8 inch x 3/4 inch $45 $ 165.19 3/4 inch $4:65 $179.54 1 inch $0 $223.38 SECTION 3. Amending Chapter 55 "Utilities," Article V "Taps and Connections," Section 55 -71 "Sewer tapping fees," of the Code of Ordinances by revising certain fees and charges, to read as follows: Chapter 55 Utilities Article V. Taps and .Connections Sec. 55 -71. Sewer tapping fees. (b) House service line tap charge: (2) House sewer connections to be constructed in easements shall be charged at a rate of eight hundred ferty-nioe seventy -three dollars ($848.04 873.00) except as otherwise herein provided. (3) House service connections to be constructed in streets shall be charged at a rate of one thousand three hundred fedy-sew eighty-five dollars ($1,347.001,385.00) except as otherwise herein provided. * * * * * (5) For sewers in streets of new subdivisions in which house services are already installed to the property line and where final connection is to be made by a plumber, a fee of one hundred eight eleven dollars ($10800 111.00). This fee is to cover the cost of recording and inspecting the sewer tap. SECTION 4. If for any reason any section, subsection, paragraph, subparagraph, subdivision, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, the decision shall not affect the validity of the remaining portions of this article or the technical construction codes, for it is the definite intent of this City Council that every section, subsection, paragraph, subparagraph, subdivision, sentence, clause, or phrase hereof be given full force and effect for its purpose. Page 6of7 — 1 6 6— Page 7 of 7 SECTION 5. Publication of this ordinance 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, Texas. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris Adler John E, Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal APPROVED AND PASSED on this day of , 2011. ATTEST: Armando Chapa, City Secretary Joe Adame, Mayor APPROVED AS TO FORM: This 29th day of September, 2011 borah W. Assistant to Attorney For City Attorney Page 7 of 7 —167— 20 AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 10/3/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Development Services�,�, StephenD@cctexas.com (361) 826 -3246 Amendment to Article X, Chapter 14, City Code of Ordinances regarding Storm Water Quality Management Plan CAPTION: Amending the Article X, Chapter 14, Code of Ordinances, City of Corpus Christi, regarding Storm Water Quality Management Plans, pollution Control Plans, Pollution Control Measures, and Small Construction Site Notices; providing for penalties; providing for severance; and providing for publication. BACKGROUND AND FINDINGS: Changes in the attached proposed ordinance are a result of a request by the Corpus Christi Home Builders' Association (CCHBA) after TCEQ and the Storm Water Department conducted a training session for its members in 2010. Besides numbering and grammatical changes, the key change to the ordinance involves inspection frequency for construction sites. Revisions to the ordinance provide the responsible party at the construction site greater flexibility in choosing an inspection frequency and in aligning the City of Corpus Christi requirement with those of the TCEQ. ALTERNATIVES: No action on the proposed amendment will not allow the developers the flexibility in their development. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The proposed amendment is consistent with Storm Water policies and TCEQ regulations. EMERGENCY / NON-EMERGENCY: Non - Emergency — 2 readings DEPARTMENTAL CLEARANCES: Storm Water Department is in agreement with proposed changes. City Council Executive Memorandum Amendment to Article X, Chapter 14 Page 2 of 2 FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: On September 28, 2011, the Planning Commission and Staff recommended approval of the proposed amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Jay Reining, First Assistant to the City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager K:IDEVELOPMENTSVCSISPECIAL SERVICESIPLATSISTORMWATER AMENDMENTSWRTICLE X CHAPTER 14.09262011.DOCX —172— Page 1 of 11 ORDINANCE AMENDING THE ARTICLE X, CHAPTER 14, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING STORM WATER QUALITY MANAGEMENT PLANS, POLLUTION CONTROL PLANS, POLLUTION CONTROL MEASURES, AND SMALL CONSTRUCTION SITE NOTICES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 14 -1002 is amended by revising the definitions of "pollution control plan," "receiving waters," "responsible party," and "storm water quality management plan," to read as follows: "Sec. 14-1002. Definitions. "For the purposes of this article, the following terms have the meanings ascribed to them in this section, unless the context clearly indicates otherwise: "Pollution control plan means a site plan that contains the following information: "a. The outline of the site. "b. A delineation of the area of the site that will be disturbed by construction activities. "c, The direction of flow of storm water drainage entering and leaving the site. If the drainage pattern will be altered, both the existing drainage patterns and proposed drainage patterns must be shown. "d_A description and location of any existing drainage structures on the site and any drainage structures that will be constructed on the site. "e_A description of how any run -on storm water will be handled, including sheet flow entering the site from adjoining property. "f _A description and the location of any environmentally sensitive area that is located on the site or adjoins the site, which will receive storm water directly from the site. Article X Chapter 14.Ordinance —173— Page 2 of 11 "g _The boundary line between the site and any adjoining state owned submerged land. A preliminary boundary fine may be used in a pollution control plan submitted with a preliminary plat. The pollution control plan must be amended prior to filing of a final plat, once a final boundary determination has been approved by the general land office, to reflect any difference between the preliminary boundary line and the approved boundary line. "h. The location of any FEMA Flood Insurance Rate Map 100 -Year Floodplain Boundaries, Floodway Boundaries or FEMA Velocity Zone Boundaries that encroach on the site. Preliminary boundaries may be used in the pollution control plan submitted with a preliminary plat. The pollution control plan must be amended to reflect any difference between the preliminary boundaries and the boundaries shown on the final plat. "i_A description and the location of all temporary control measures that will be implemented and installed during construction to control erosion, sedimentation, and the discharge of pollution into the city's municipal separate storm sewer system. "LThe permanent control measures that will be constructed to control erosion, sedimentation, and the discharge of pollutants into the city's municipal separate storm sewer system after completion of construction. "Receiving waters means Corpus Christi Bay, Nueces Bay, Oso Bay, Inner Harbor Laguna Madre, Nueces River, Oso Creek, West Oso Creek, Petronilia Creek, and the Gulf of Mexico. The term includes perennial and intermittent streams that are natural tributaries to those waters, but does not include manmade drainage structures. "Responsible party means the owner, occupant, developer, builder, or general contractor who has operational control over the site specification (including the ability to make modifications in specifications), or who has operational control over day to day activities at the site and is able to ensure compliance with plan requirements and permit conditions (e.g., a person who is authorized to direct the conduct of workers at the site). Any person who has filed a notice of intent (N01) with EPA or TCEQ or posted a Small Construction Site Notice is presumed to be a responsible party under this article until the person has filed a notice of termination (NOT) with EPA or TCEQ or removed a Small Construction Site Notice and sent the director of developmental services a copy of the NOT or Small Construction Site Notice with removal date. Article X Chapter 14-.Ordinance —174— Page 3 of 11 "Storm water quality management plan means a preliminary engineering report and analysis that provides: "a_A brief description of the project, with maps showing the area covered by the plan. "b, The land use assumptions used. Generally, the most impactive land use allowed under the current zoning, any changes in the zoning being proposed, or the applicable area development plan should be assumed. However, a less impactive land use may be used if an application is submitted to rezone the tract to a less impactive land use or the highest use allowed under the current zoning is Tess than the use designated in the area development plan. "c. Hydraulic calculations based upon established procedures (such as the rational method). "d. An on -site drainage plan, which details the direction of flow and collection structures, including the size and required capacity of the drainage structures. "e. on -site drainage plan should address how run -on storm water will be handled, including sheet flow entering the site from adjoining property. "f. Demonstrations of the conformance with existing master plan drainage and/or the need to master plan amendment for both on- site and off -site improvements. In the absence of a request for rezoning, the most impactive land use allowed under the current or proposed zoning will be assumed. "g= Delineation of the route of runoff to ultimate outfall. This information will be used to determine the ultimate capacity for water quality treatment at an ultimate outfall station. "h_ Identification of any environmentally sensitive area that is on the site, or that would be sensitive to storm water pollution from the site. Areas of investigation should include, but are not limited to, water supply sources, recreational waters, wetlands, barrier island dunes, and other sensitive ecological systems." Article X Chapter 14.Ordinance —175— SECTION 2. Section 14- 1004(b) is revised to read as follows: "Sec. 14 -1004. Special land use requirements. * * Page 4 of 11 "(b) The owner of a site within the city that is currently being used for one of the activities described in subsection (a) of this section is not required to physically after -alter the existing facility to comply with this section, unless alterations or repairs to the facility require the facility to be brought into compliance with the current technical construction codes requirements under section 14- 211(c) of this Code." * * * * * SECTION 3. Section 14- 1005(a)(1)b. and c. (a)(2) are revised to read as follows: "Sec. 14 -1005. Planning requirements for site development during construction. "(a) Development of sites one (1) acre or more. "(1) An NPDES or TPDES storm water pollution prevention plan is currently required by EPA or TCEQ for all construction projects where one (1) or more acres will be disturbed during development. Developments of sites that disturb one (1) acre or more within the city's jurisdiction must prepare an NPDES or TPDES storm water pollution prevention plan that satisfies EPA or TCEQ regulations and the NPDES or TPDES construction general permit. * * "b. A copy of any notice of intent (N01) provided to EPA or TCEQ or Construction Site Notice that was posted must be provided to the director of developmental services. Approval of the elements of the NPDES or TPDES storm water pollution prevention plan is not required by the director of developmental services. However, the director of developmental services or building official may require correction of any deficiencies in the NPDES or TPDES storm water pollution prevention plan, and may require additional measures in order to meet the requirements of section 14 -1006, pollution control measures. "c. A copy of any notice of termination (NOT) submitted to EPA or TCEQ or any Small Construction Site Notice that was removed must be provided to the director of developmental services." Article X Chapter 14.Ordinance —1 7 6— Page 5 of 11 "(2) Unless the site is a single -lot, single - family residential construction that is not part of a larger development that requires an NPDES or TPDES permit, l-if the site is one (1) acre or more, but less than one (1) acre and more than one - quarter (1 /4) acre will be disturbed, an NPDES or TPDES storm water pollution prevention plan is not required, but a pollution control plan, as defined in section 14 -1002, is required, unlccc the site is a * * SECTION 4. Section 14 -1006 is revised to read as follows; "Sec. 14 -1006. Pollution control measures. * "The responsible party of any construction site within the city shall implement measures necessary to control erosion, sedimentation, debris, and storm water pollution. The responsible party is responsible for the maintenance and performance of the temporary pollution control measures until permanent measures are in place. The pollution controls are designed to be selected by the developer based on the most cost effective and appropriate means to provide the required controls. In instances where a specific pollution problem is not present, controls are not required. Suggested best management practices are detailed in Section 4 of the Storm Water Management Guidance Document for Development Planning and Construction Activities. "(a) -(1) Temporary pollution control measures (during- construction). This paragraph provides examples of temporary pollution control measures that can be used to control erosion and sedimentation. Article X Chapter 14.Ordinance "(1 -)-a. Structural control of soil erosion. "a: --1. Silt fences should -may be utilized, where necessary, to retain the sediments from disturbed areas within the site and decrease the velocity of sheet flows. [BMP 4.2.1.1 Filter Fabric Fence] "b2. Straw bales should -may be utilized, where necessary, to retain sediments from disturbed areas within the site and decrease the velocity of sheet flows. Straw bales are particularly useful in paved areas where silt fences cannot be erected. [BMP 4.2.2.1 Straw Bale Fence] "e,--3. Stabilized construction entrances should be designed to reduce the amount of soil tracked off the construction site by vehicles leaving the site. A stabilized construction entrance should be utilized, if necessary, to control tracking. The responsible party should ensure that vehicles entering -177- Page 6 of 11 and leaving the construction site use the stabilized construction entrance. The owner or operator of a vehicle entering or leaving a construction site may not track soil off the construction site unless the operator uses the stabilized construction entrance. [BMP 4.7.1 Stabilized Access Roads and Parking Areas] "€1,--4. Vegetative buffer strips, of appropriate size should be maintained, where necessary and practical, to aid in reducing the velocity of storm water and in trapping sediments in the storm water leaving the site. A vegetative buffer will usually suffice as a structural control until final stabilization is accomplished. [BMP 4.2.5 Vegetative Buffer Strips] "e,-5. Inlet protection barriers must be installed around all inlets until the area immediately surrounding the inlet is paved or stabilized. [BMP 4.5.1.1 Inlet Protection Barriers] "(2) b. Waste controls. Waste disposal must be accompanied in a manner so that no solid wastes, including building materials, hazardous substances, oil, or packaging leave the site, except for disposal at an appropriate, approved solid waste management facility, in conformance with the Texas Solid Waste Disposal Act. To the extent practicable, no solid waste, including building materials, hazardous substances, or oil may be allowed to enter the city's municipal separate storm sewer system, the city's streets, or the navigable waters of the United States. Building materials include, but are not limited to, uncovered stockpiles of soil, sand, dry cement, lumber, bricks, or other products used in construction. The prime contractor, who is issued the building permit, is responsible for the conduct of all subcontractors with regards to disposal of wastes generates by the construction activities at the site. "(3) c_ Dust control. Dust control should be provided at whatever frequency required. "(1) d Hazardous material storage. Chemicals, paints, solvents, fertilizers, and other toxic materials must be stored in waterproof containers. Except during applications, the contents must be kept in trucks or in storage facilities. Runoff containing such materials shall be collected, removed from the site, and disposed of at an approved solid waste or chemical disposal facility. "f}-e. Concrete trucks. The responsible party may not allow the owner or operator of a concrete truck to wash out or discharge Article X Chapter 14.Ordinance -178- Page 7 of 11 surplus concrete or drum wash water at a construction site, unless the surplus concrete or drum wash water in concrete trucks is discharged at a facility on the construction site that will retain all concrete wash waters or leachates, including any wash waters or leachates mixed with storm water. Concrete wash waters and leachates may not be allowed to enter the municipal separate storm sewer system, city streets, the waters of the United States, or ground waters. "(6) f_ The responsible party may adopt alternative procedures, such as regularly scheduled street cleaning in the immediate vicinity of the construction site, instead of adopting temporary structural controls for erosion under subsection (a)(1) of this section. If alternative procedures will be used, the responsible party shall include those provisions in its NPDES or TPDES storm water pollution prevention plan, pollution control plan, or the plans submitted for a building permit, if an NPDES or TPDES storm water pollution prevention plan or pollution control plan is not required. "{-b Permanent pollution control measures (post - construction). "(-1-)-a. Permanent stabilization must be applied to all unpaved areas that have reached final grade or those areas that will not be disturbed within the next forty -five (45) days. Permanent stabilization consists of sodding, seeding, or mulching with a seed bearing hay that will provide for new growth within a three -month period. New vegetative ground cover must be maintained by watering, re- grading, reseeding, sodding, as necessary, until seventy (70) per cent growth coverage is obtained. [See Guidance Document BMP 4.2.4.1 Seeding with Mulching] "a:--1. Acceptance of improvement by the city can occur before the permanent stabilization coverage requirement is met, if the developer agrees to maintain the stabilization until coverage is achieved and all other permanent measures are complete. Article X Chapter 14Ardinance "19,-2. Once permanent stabilization has been achieved, the responsible party may notify the director of developmental services that permanent stabilization has been achieved. "e - 3_After inspection of the site by a city inspector, the director of developmental services will send the responsible party written confirmation that permanent stabilization has been achieved. -179- Page 8 of 11 "(2) b_ Erosion control structures must be provided where necessary to control erosive velocities in unlined channels or swales leaving the site. [See Guidance Document BMP 4.1.3.1 Pipe Slope Drain and BMP 4.1.4.1 Paved Flume] "(3) c_ Sediment traps must be provided on the site, as necessary, to control sedimentation from concentrated storm water discharges into an environmentally sensitive area. Individual assessments must be made on a site specific basis. However, a rock rubble low berm must be installed around an outfall that discharges directly into an environmentally sensitive area, unless this requirement is waived by the director of developmental services because the responsible party has installed another type of sediment trap that provides equal or better protection. [See Guidance Document BMP 4.3.2.1 Stone Outlet Sediment Trap and BMP 4.3.2.2 Excavated Earth Outlet Sediment Trap] "(4) -d= Stenciling, metal plates anchored in concrete inlets, precast manhole covers, wording stamped in concrete, or other acceptable form of signing must be provided on top of any storm sewer inlets. [See Guidance Document BMP 4.9.15 Inlet Stenciling] "(e)`aScheduling of control measures. Pollution control measures must be implemented in a sequence that will provide maximum storm water pollution control based on the following principles: "(-14-a. Down slope and side slopes perimeter controls must be installed before land disturbing activity occurs. "(2)-b. The responsible party shall not disturb the site until the responsible party is ready for construction to proceed. "(3) c. Efforts to provide cover or stabilize disturbed areas must occur as soon as possible. "(4)-d. Construction of infiltration measures must be delayed until the end of the construction project when upstream drainage areas have been stabilized. "(6)-e. Temporary perimeter controls may not be removed until all upstream areas are finally stabilized. � 4 „Inspection of pollution control measures. The responsible party shall inspect all pollution control measures ovcry sovcn (7) days every fourteen (14) calendar days and within twenty -four (24) hours following a rainfall of 0.5 inches or greater, at the site;. As an alternative, pollution control measures may be inspected every seven (7) calendar days. The inspections must occur on a specifically defined day, regardless of Article X Chapter 14.Ordinance —180— Page 9 of 11 whether or not there has been a rainfall event since the previous inspection. The responsible party shall and maintain a record of each inspection, which shall be made available for inspection by a representative of the city during normal business hours. "{4(5) Maintenance of pollution control measures. "(-1-)-a. The responsible party shall maintain and ensure adequate performance of the temporary pollution control measures until permanent pollution control measures are in place. "{2}b .Whenever the temporary or permanent pollution control measures do not to keep soil, sediment, and debris on the construction site, such as excessive tracking of dirt offsite by vehicles and runoff of sediments from the site over sidewalks and into the streets and gutters, etc., the responsible party shall removed the soil, sediment, and debris from streets, sidewalks, and inlets, as necessary, return the soil and sediment to the areas to be stabilized, and properly dispose of the debris. "(3)-c. The owner or person in control of site is responsible for the maintenance of any permanent pollutions control measures located on the site, unless the owner has dedicated the permanent pollution control measure to the city and has provided the city with any easements necessary to allow access to the permanent pollution control measure and to conduct of any required maintenance activities. "{f)-LMaintenance agreements between a responsible party and city. "04-a. If all permanent pollution control measures, other than the required stabilization, are complete, a responsible party may provide a maintenance agreement for the required stabilization. This agreement may allow the responsible party to receive acceptance of improvements by the city and allow the filing of the final plats. "(2)-b. The maintenance agreement must be submitted with the engineer's certification of infrastructure completion. The director of developmental services will execute the agreement at the time of acceptance of the public improvement, subject to any terms and conditions set out in the agreement. " {3) c. If a change in ownership occurs during the period when temporary measures are still in place, the maintenance agreement between the city and the responsible party, who entered into the agreement, will remain in force until: Article X Chapter 14.0rdlnance -181- Page '10 of ll "a-1„ . Such time as either all permanent pollution control measures are in place (stabilization at seventy (70) per cent coverage). "b.— A new responsible party has entered into an agreement with the city to assume the prior responsible party's responsibilities under the agreement with the city. 'e ---3_A new owner acquires the tract with notice of the requirements of the maintenance agreement and agrees to assume the liabilities and responsibilities under the agreement of the responsible party, who entered into the agreement with the city, at which time the new owner becomes responsible for the maintenance of the portion of the site to which the new owner has title. "(1) d. The original responsible party, who entered into the maintenance agreement with the city, remains responsible for the balance of the site under the terms of the original agreement for maintenance. "(5) c. Once the responsible party has satisfied all terms and conditions of the maintenance agreement, including permanent stabilization, the responsible party shall notify the director of developmental services. "(6)-f. After inspection of the site by a city inspector, the director of developmental services will send the responsible party written se onfirmation that the responsible party has complied with the agreement and the agreement is terminated." SECTION 5. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 7. 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. Article X Chapter 14.Ordinance -182- Page 11 of 11 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: day of , 2011: R. Jay Reining First Assistant City Attorney For City Attorney Article X Chapter 14.Ordinance -183- 21 TO: AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 10/2512011 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361 -826 -3169 CAPTION: Award of a service agreement: Inspection Cleaning and Repair of Bunker Gear (Bid Invitation No. B1- 016.4 -11) RECOMMENDATION: Motion approving a service agreement with Gear Cleaning Solutions, LLC, Dallas, Texas for Inspection Cleaning and Repair of Bunker Gear in accordance with Bid Invitation No. BI- 0164 -11, based on low bid for an estimated annual expenditure of $81,164. The term of the service agreement will be for twelve months with an option 'to-extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Fire Department in FY2011- 2012. BACKGROUND AND FINDINGS: The Corpus Christi Fire Department is mandated by State Law to comply with National Fire Protection Association (NFPA) 1851 "Standard on selection care and maintenance of Personal Protective Equipment ". This Law was adopted in 2008 and it requires all Texas Fire Departments to Advance inspect and Advance Clean all firefighting gear annually. This service agreement is established to comply with the law. ALTERNATIVES: The bid submitted by Gear Cleaning Solutions, LLC, Inc. meets all of the City's bid requirements and is also the lowest price received. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This service agreement conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Fire Department —187— FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $160,350.00 $0.00 $160,350.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $81,164.00 $0.00 $81,164.00 BALANCE $0.00 $79,186.00 $0.00 $79,186.00 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached Approvals: Brian Narvae , Assistant City Attorney _.. Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget argie -ose, ssis an E y ' anager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: 10/25/2011 BID TABULATION BI- 0164 -11 INSPECTION CLEANING & REPAIR OF BUNKER GEAR $81,164.00 $119,943.50 ALL OR NONE BID $ 141,081.67 INCOMPLETE BID Gear Cleaning Solutions Dallas, Texas Lion Total Care Houston, Texas The Fire Center Corp. Austin, Texas Qty Unit Unit Price Extended Price Unit Price Extended Price Unit Price , Extended Price 1,1 Phase I - Inspection and 113 Each 28.80 3,254.40 28.95 3,271.35 33.50 3,785.50 Cleaning of Tumout Jackets 1.2 Repair of Turnout Jackets 113 Each 50.00 5,650.00 87.50 9,887.50 106.44 12,027.45 1.3 Phase 1 - Inspection and 113 Each 28.80 3,254.40 28.95 3,271.35 33.50 3,785.50 Cleaning of Tumout Pants 1.4 Repair of Turnout Pants 113 Each 50.00 . 5,650.00 . 87.50. ..9,887.50 101.07 11,421.24 2.1 Phase II - Inspection and 402 Each $28.80 $11,577.60 $28.95 $11,637.90 $33.50 $13,467.00 Cleaning of Tumout Jackets 2.2 Repair of Turnout Jackets 402 Each 50.00 20,100.00 87,50 35,175.00 106.41 42,565.15 incomplete Bid 2.3 Phase II - inspection and 402 Each 28.80 11,577.60 28.95 11,637.90 33.50 13,467.00 Cleaning of Turnout Pants 2.4 Repair of Turnout Pants 402 Each 50.00 20,100.00 87.50 35,175.00 101.41 40,562.83 Incomplete Bid $81,164.00 $119,943.50 ALL OR NONE BID $ 141,081.67 INCOMPLETE BID 22 AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 10/25/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb ©cctexas.com CAPTION: Award of a twenty -four month service agreement for Street Sweeping Services, in accordance with Bid Invitation No. BI- 0013 -12 Motion approving a service agreement with Sweeping Services of Texas- Operating, LP, Grand Prairie, Texas, for street sweeping services in accordance with Bid Invitation No. B1- 0013 -12, based on lowest responsible bid, for an estimated two -year expenditure of $787,054, of which $295,145.25 is budgeted for FY 2011 -2012. The term of the agreement shall be for twenty -four months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager, or designee. The service will be administered by the Storm Water Department. BACKGROUND AND FINDINGS: In continuation with locations historically cleaned, street sweeping services will be performed for the City's state and arterial streets and the Downtown /North Beach area. State and arterial street sweeping will be performed monthly and the Downtown /North Beach area will be cleaned on a weekly basis. In an effort to minimize the pollutants that enter the drainage system, the contractor will ensure effective sweeping by removing floatable litter, grass, mud, dirt, glass or any other item not permanently attached to the curb. ALTERNATIVES: The bid response received from Sweeping Services of Texas- Operating, LP meets all technical and qualification requirements, as specified in the bid invitation. OTHER CONSIDERATIONS: Pricing was submitted by Coastal Maintenance Concepts and Coastal Sweeping Services, Inc. of Corpus Christi, Texas, however; both companies failed to meet qualification requirements, as specified in the bid invitation. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. —193- EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Storm Water FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,214,839.68 $491,908.75 _ $2,706,748.43 Encumbered / Expended Amount 86,857.89 86,857.89 This item 295,145.25 491,908.75 787,054.00 $1,832,836.54 BALANCE $1,832,836.54_ $0 Fund(s): Storm Water Maintenance and Operations Comments: The Storm Water Maintenance and Operations Fund has allocated an annual expenditure of $2,214,839.68 for professional services. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: BI- 0013 -12 Bid Tabulation Service Agreement Approvals: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - SAVANNAH CRUZ DATE: OCTOBER 25, 2011 ITEM DESCRIPTION QTY. UNIT BID TABULATION BI- 0013 -12 STREET SWEEPING SERVICES Sweeping Services of Texas Operating, LP Grand Prairie, TX Unit Extended Price Price Bentex Sweeping, Inc. CORPUS CHRISTI, TX Unit Extended Price Price 1.1 Street sweeping of Downtown /North Beach Area once per week (46.34 curb miles x 104 weeks) 1.2 Street sweeping of State Streets once per month (28.20 curb miles x 24 months) 1.3 Street sweeping of Arterial Streets once per month (199.19 curb miles x 24 months) Unscheduled Street 2.1 Sweeping 2.2 Street sweeping (seal coat clean up) associated with Chip /Seal Program 4,819.36 curb mile 678.80 curb mile 4,780.56 curb mile 100 hour 500 hour $62.50 $301,210.00 $125.75 $85,107.60 $65.00 $310,736.40 $150.00 $15,000.00 $150.00 $75,000.00 $787,054.00 -195- $116.00 $559,045.76 $216.00 $146,188.80 $216.00 $1,032,600.96 $125.00 $12,500.00 $125.00 $62,500.00 $1,812,835.52 STREET SWEEPING SERVICE AGREEMENT Service Agreement No. THIS Street Sweeping Service Agreement (this "Agreement ") is entered into by and between (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager "), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Street Sweeping Services in response to Bid Invitation No. BI- 0013 -12 (which includes Specification 1007, dated 09/07/11) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Street Sweeping Services in accordance with Bid Invitation No. BI- 0013 -12 (which includes Specification 1007, dated 09/07/11). 2. Term. This Agreement is for twenty -four (24) months commencing on and continuing through . The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Storm Water Contract Administrator. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Storm Water Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. —196— 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31ST), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI- 0013 -12 (which includes Specification 1007, dated 09/07/11), or the Contractor's bid offer to Bid Invitation No. BI- 0013 -12 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Storm Water Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. 13I- 0013 -12 (which includes Specification 1007, dated 09/07/11). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to 'cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' advance written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes gaccording to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Storm Water Contract Administrator P.O. Box 9277 Corpus Christi; Texas 78469 -9277 IF TO CONTRACTOR: Contractor ,;� e.% J , ' Tom-s- Ley Contact sew , i,'svi Address: 332.y okt- 4141. City, State, 6140p iark.M.Li 77.114-s ?s roF 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAIJ,' OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 20. Course of Dealing. It is expressly agreed that no course of performance, course of dealing or usage of trade shall be relevant or admissible to contradict, supplement, explain, or modify any express provisions of this Agreement or Bid Invitation No. B1.0013 -12 (which includes Specification 1007, dated 9/7/11). Furthermore, it is expressly agreed that the City's acceptance of or acquiescence in a course of performance under this Agreement shall not be admissible to modify, waive, supplement or explain the terms of this Agreement, even if the City is aware of a course of performance and has an opportunity to object to it. SIGNED this 2. /day of S 1,- , 20_ .1/. Contractor e. CITY OF CORPUS CHRISTI ( "CITY ") Title: V� , &ti- Michael Barrera Date Assistant Director of Financial Services APPROVED THIS 29 DAY OF S , 20 " r CARLOS VALDEZ, CITY ATTORNEY By: Brian N. . -z Assistant City Attorney Incorporated by Reference: Exhibit A: Bid Invitation No. BI- 0013 -12 Exhibit B: Bidder's Bid 23 AGENDA MEMORANDUM for the City Council Meeting of 10/25/11 DATE: 10/3/2011 TO: Ronald L. Olson, City Manager THROUGH: Rudy D. Garza, Interim Assistant City Manager FROM: Mike Culbertson (361) 882 -7448 mculbertson @ccredc.com CAPTION: Type A Grant for Del Mar College Procurement Technical Assistance Center (PTAC) a. Ordinance appropriating $37,500 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 Small Business Projects to Del Mar College for the Procurement Technical Assistance Center; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $37,500. b. Resolution approving the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Board ") and Del Mar College, which provides a grant of $37,500 for support of the Procurement Technical Assistance Center ( "PTAC "); and authorizing the City Manager, or designee, to execute the Small Business Incentives Project Service Agreement with the Type A Board for the implementation and administration of the Small Business Incentives Agreement. BACKGROUND AND FINDINGS: PTAC is located at the Del Mar College campus on Staples inside of the Small Business Development Center. PTAC has been counseling small businesses in the area of government procurement. PTAC educates these businesses on the requirements of government procurement, helps them get certified to qualify to bid on contracts, and gives them access to a portal to find these contracts. PTAC was instrumental in working with the Corpus Christi Army Depot (CCAD) to engage small tool and die shops to bid on specialty tool orders from CCAD. PTAC is asking for $37,500 to hire a full -time person to help in the PTAC planning room. ALTERNATIVES: OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and helping small businesses thrive in Corpus Christi. EMERGENCY 1 NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Del Mar College Type A Agreement Resolution Agreement between the City and Business and Job Development Corporation FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 37,500.00 37,500.00 BALANCE 37,500.00 37,500.00 Fund(s): Comments: This will come out of the Type A fund. RECOMMENDATION: Staff recommends approval of a grant for one year for $37,500 for a full -time position in PTAC's planning room to help small businesses compete for and win government procurement contracts. LIST OF SUPPORTING DOCUMENTS: Business Incentive Agreement Resolution Agreement between the City and Business and Job Development Corporation Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager Page 1 of 2 Ordinance appropriating $37,500 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 Small Business Projects to Del Mar College for the Procurement Technical Assistance Center; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $37,500. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $37,500 from the Unreserved Fund Balance in the No. 1140 BusinesslJob Development Fund is appropriated for a grant from the Corpus Christi Business and Job Development Corporation Small Business Projects to Del Mar College for the Procurement Technical Assistance Center. SECTION 2. That the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase appropriations by $37,500. Page 1 of 2 Resolution approving the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Board ") and Del Mar College, which provides a grant of $37,500 for support of the Procurement Technical Assistance Center ( "PTAC "); and authorizing the City Manager, or designee, to execute the Small Business Incentives Project Service Agreement with the Type A Board for the implementation and administration of the Small Business Incentives Agreement. WHEREAS, the Type A Board has budgeted funds to assist small businesses within the City of Corpus Christi, Texas ( "City"); WHEREAS, the PTAC assists small businesses within the City by providing information on local bid opportunities with federal, state, and local agencies; and WHEREAS, the Small Business Incentives Project Service Agreement between the City and the Type A Board provides for the implementation and administration of the Small Business Incentives Agreement between the Type A Board and Del Mar College, which provides a grant of $37,500 for support of the PTAC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Small Business incentives Agreement, which is attached to this Resolution as Exhibit A, between the Type A Board and Del Mar College, which provides a grant of $37,500 for support of the PTAC, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute the SmaII Business Incentives Project Service Agreement, which is attached to this Resolution as Exhibit B, with the Type A Board for the implementation and administration of the SmaII Business Incentives Agreement. Attest: Armando Chapa City Secretary City of Corpus Christi Joe Adame Mayor Approved: 3 day of 0‘.+:01 , 2011. vT, L. Briafi Nary � Assistant City Attorney For City Attorney Page 2 of 2 Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Eiizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S PROCUREMENT TECHNICAL ASSISTANCE CENTER This Small Business Incentives Agreement for ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Del Mar College, a Texas institution of higher learning ( "Del Mar "). WHEREAS, the Texas Legislature in Section 4A of Article 51 90.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073 of the Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which seeks to create at least one new job for every $50,000 in contracts awarded to businesses within the City who are awarded contracts with Federal, State, or local agencies through Del Mar College's Procurement Technical Assistance Center's activities; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: Page 1 of 9 Small Business Incentive Agreement - Del Mar PTAC 08242011 (4) —209— 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for one year from January 1, 2012, through December 31, 2012. This agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. 3. Grant. a. The Corporation will provide $37,500.00 to Del Mar for its Procurement Technical Assistance Center ( "Center "), to be used for the salary of a full time position in the Center's plan room. b. In order to receive the grant Del Mar must document that the Procurement Technical Assistance Center's business clients located within the City of Corpus Christi has sought to create at least one new job for each $50,000 in contracts awarded by Federal, State, or local agencies, while retaining the jobs of employees employed at the time the bids are submitted, based upon bids submitted with the aid of the Center. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. c. Del Mar agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the contract awarded based upon the bid submitted by the Center's client. d. Del Mar agrees to provide Corporation with a sworn certificates by authorized representative of each business assisted under this Agreement certifying the number of full -time permanent employees employed by the small business. e. Del Mar shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. f. Jobs created by a client's subcontractors are considered jobs created by the client. Page 2 of 9 Small Business incentive Agreement - Del Mar PTAC 08242011 (4) —210— 5. Buy Local Provision. a. Del Mar agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 6. Local Offices. Three members of the staff will be located at Del Mar's Center for Economic Development. 7. Warranties. Del Mar warrants and represents to Corporation the following: a.. Del Mar is a Texas institute of higher learning duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Del Mar has access to the Texas Development Corporation Act, Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, on the State's website, and •acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. If an audit determines that the funds were not used for authorized purposes, Del Mar agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Agreement on behalf of Del Mar are duly authorized to execute this Agreement on behalf of Del Mar. 8. Compliance with Laws. Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. Page 3 of 9 Small Business Incentive Agreement - Del Mar PTAC 08242011 (4) —211— 9. Non - Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 10. Force Majeure. If the Corporation or Del Mar are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 11. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 12. Indemnity. Del Mar covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents (" Indemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Del Mar activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the lndemnitees. Del Mar must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, Loss, claims, demands, or actions. 13. Events of Default. The following events constitute a default of this Agreement: a. Failure of Del Mar to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. Page 4 of 9 Small Business incentive Agreement - Del Mar PTAC 08242011 (4) -212-- b. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against Del Mar or any attachment or other levy against the property of Del Mar with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. Del Mar makes an assignment for the benefit of creditors. e. Del Mar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by Del Mar become delinquent, and Del Mar fails to timely and properly follow the legal procedures for protest or contest. g. Del Mar changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 14. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ("Cure Period ") for Del Mar to cure the event of default. 15. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Del Mar under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. Page 5of9 Small Business Incentive Agreement - Del Mar PTAC 08242011 (4) -213- 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being January 1, 2012, through December 31, 2012. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 18, Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar: Del Mar College Procurement Manager Page 6 of 9 Small Business Incentive Agreement - Del Mar PTAC 08242011 (4) -214- 101 Baldwin Blvd Corpus Christi, Texas 78404 -3897 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 19. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 20. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 21. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 22. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 23. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held Page7of9 Small Business Incentive Agreement - Del Mar PTAC 08242011 (4) —215— illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 24. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 25. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and Del Mar. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 26. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to default and the results of uncured default shall survive the termination of this agreement. Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Eloy Salazar President Armando Chapa Assistant Secretary Page 8 of 9 Small Business Incentive Agreement - Del Mar PTAC 08242011 (4) —216— Del Mar College— Corpus Christi Mark Es amilia Preside t Date: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on AD , 2011, by Mark Escamilla, Ph.D, for Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Not Public State of Texas 4. ... .p....ia.�....... s1ct.TE `' JESSICA ANN ALANIZ I f ,/1.., t 1 Notary Piano tSTATE OF TEXAS 4 t �° My Comm. Ex p. 07-16-PM Y Y Y Y V Y, Jv v .. 0 Page 9 of 9 Small Business incentive Agreement - Del Mar PTAC 08242011 (4) —217-- 24 AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 9/30/2011 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services EddieO@cctexas.com 361 - 826 -3234 FROM: Rudy Bentancourt, Interim CD Administrator RudyB @cctexas.com 361- 826 -3021 CAPTION: Timetable for adoption of FY 2012 Consolidated Annual Action Plan (CAAP) and reaffirm Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) objectives and guidelines. A. Motion adopting the timetable for the FY2012 Consolidated Annual Action Plan (CAAP) that is the planning and application process for the Community Development Block Grant (CDBG), Emergency Solutions Grant (formerly Emergency Shelter Grant), and HOME Investment Partnerships Program (HOME). B. Motion reaffirming City Council Policy No. 9 which consists of the Community Development Block Grant and HOME Program objectives and guidelines. BACKGROUND AND FINDINGS: A - Each year the City Council approves the upcoming Community Planning and Development (CPD) Grant Programs planning and an implementation calendar. The FY2012 CARP is the application for funding under the CPD formula grant programs administered through the U.S. Department of Housing and Urban Development (HUD) that include the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships Program (HOME). The FY2012 CAAP will initiate the fifth Consolidated Annual Action Plan of the five -year Consolidated Plan. The proposed schedule is enclosed as Attachment "A" and provides a comprehensive list of activities. Key dates are: November 1, 2011 November 16, 2011 December 5, 2011 January 20, 2012 April 2, 2012 April 17, 2012 April 24, 2012 Release Pre - Application form (CDBG, ESG and HOME) Deadline to submit the Pre - Application form (Mandatory for CDBG, ESG and HOME Programs) Release Full Application (Request for Proposal) for the CDBG, ESG and HOME Programs Deadline to submit Full Application (Request for Proposal) Forward to City Council FY2012 CARP books City Council Public Hearing — Proposed FY2012 CAAP with Staff Recommendations for Full Applications submitted City Council Adoption — FY2012 CARP -221- Neighborhood, nonprofit and technical assistance meetings will be conducted in November and December. Meeting notices and requests for proposals will be published and mailed to interested organizations. Technical assistance workshops will be mandatory for non -profit and for - profit (in the area of economic development) organizations to attend should they be submitting a request for proposal to the CDBG, ESG and HOME programs. Information will be forwarded to the local media to increase citizen participation. The adopted schedule will also be added to the City's website. B — Over the 36 years of the Community Planning and Development (CPD) Program, the City Council has developed a City Council policy for the CDBG /HOME Programs. In March 1994, this policy was formally codified into the policies and general rules and procedures of the City Council. Each year at the beginning of the CDBG /HOME Programs, staff brings this policy back to City Council for reaffirmation for their continued use. Staff believes that this policy requires updating while allowing for flexibility for programs that have served the Council and the City extremely well over numerous years. Staff recommends that the Council reaffirm the CDBG /HOME Program objectives and guidelines as shown on the Attachment "B ". ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council adoption required to move forward with FY2012 CAAP schedule. Council reaffirmation also required for CDBG and HOME guidelines and objectives. EMERGENCY / NON-EMERGENCY: This item requires one reading and is a non - emergency item. DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments :None RECOMMENDATION: Staff recommends adoption of timetable and reaffirmation of City Council Policy No. 9. LIST OF SUPPORTING DOCUMENTS: FY2012 CAAP Schedule "A" CDBG /HOME Program City Council Policy No.9 in Attachment °B" Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager ATTACHMENT "A" NEIGHBORHOOD SERVICES DEPARTMENT 1 COMMUNITY DEVELOPMENT COMMUNITY PLANNING AND DEVELOPMENT (CPD) PROGRAMMING FY2012 CONSOLIDATED ANNUAL ACTION PLAN (CAAP) SCHEDULE October 30, 2011 Publish Technical Assistance Workshops /Neighborhood Meeting(s) /Public Hearings /Deadlines for Pre - Application & Full Applications (Request for Proposals) November & December Preliminary Planning/Technical Assistance Workshops /Neighborhood Meeting(s) /Public Hearing Presentation November 1 November 16 Deadline to submit Pre - Application and HOME Programs) Release Pre - Application form (CDBG, ESG and HOME Programs) December 5 January 20, 2012 April 1 April 2 April 17 April 24 May 2 May 6 May 7 May 9 June 6 June 13 July 15 Release Full Application (Request for HOME Programs Deadline to submit Full Application (Request for Proposal) Publication of City Council Public Hearing on the Proposed FY2012 CAAP Forward to City Council FY2012 CAAP books City Council Public Hearing — Proposed FY2012 CAAP with Staff Recommendations for Full Applications submitted City Council Adoption — FY2012 CAAP Submit Final FY2012 CAAP Summary & Proposed Use to Caller -Times Publication of Final FY2012 CAAP Summary 30 day Citizens' Comment Period begins Notify Council of Governments of FY2012 CDBG Projects (Executive Order 12372 Requirement) for street infrastructure projects End of Citizens' Comment Period for FY2012 CAAP Submit FY2012 CAAP to HUD (Due by June 16) HUD 15 -day comment period — Notice of. Finding of No Significant Impact and Notice of Intent to Request a Release of Funds form (Mandatory for CDBG, ESG Proposal) for the CDBG, ESG and ATTACHMENT `B" RESOLUTION — MARCH 22, 1994 021901* CITY COUNCIL POLICY NO. 9 Community Development Block Grant and HOME Programs Through the Community Development Block Grant and HOME Programs, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows a. No Community Development Block Grant Funds will be authorized to applicant agencies for the support of operating expenses, with the exception of economic development projects that create jobs. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. d. Housing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. e. No individually funded CDBG project will be eligible for future CDBG funding for a minimum of two years from the date of its last funding. (This excludes projects which are specifically staged for several years of CDBG funding such as a street project which has its engineering funded one year and its construction the next.) f. Program income generated from the CDBG Housing Program is a revolving fund and will be applied toward the Single Family Rehabilitation and Reconstruction Loan Program. Program income generated from the HOME Program will be applied towards maintaining or creating affordable housing in the community. * Adopting Policies and General Rules and Procedures of the City Council 25 AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 9/30/2011 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services EddieO ©cctexas.com 361 - 826 -3234 FROM: Rudy Bentancourt, Interim CD Administrator I RudyB ©cctexas.com 361- 826 -3021 CAPTION: Authorization to submit a grant application to the U.S. Department of Housing and Urban Development in the amount not to exceed $1,452,183 for the "HOME 2011" Continuum of Care Grant. A. Resolution authorizing the City Manager or designee to submit a grant application to the U.S. Department of Housing and Urban Development in the amount not to exceed $1 ,452,183 for the "HOME 2011" Continuum of Care Homeless Assistance Grant and to execute all related documents. BACKGROUND AND FINDINGS: The City of Corpus Christi and the Homeless Issues Partnership (HIP), Inc. work in partnership addressing the provisions of services to persons that are homeless for the Corpus Christi / Nueces County area. The mission of HIP is to serve as a regional coalition of agencies, individuals and businesses that address and resolve issued related to homelessness in the Coastal Bend though actions, resources and education. The amount being applied for consists of 7 project renewals in the amount of $1,012,724 for the projects of: Charlie's Place ($142,569), Corpus Christi Metro Ministries ($160,255), Goodwill Industries of South Texas ($142,720), Nueces County MHMR ($122,673), The Salvation Army - Families ($181,142), The Salvation Army - Singles ($128,394), and Wesley Community Center ($134,971). There is $439,459 available for a new project. Currently there is one new project proposed. The helm of the Continuum of Care (CoC) grant application presides with the City of Corpus Christi. As the Lead Agency, the City of Corpus Christi is responsible for planning and coordinating the CoC process. This includes coordinating meetings, adhering to certain timetables set forth by the application process, writing the grant narrative, ensuring that each submitted proposal meets the eligibility threshold and submitting the CoC grant application by its due date. As the Fiscal Agent, the City of Corpus Christi is the administrator of the grant, responsible for monitoring each subrecipient to ensure program compliance and all other responsibilities associated with grant administration. It is estimated that the economic impact of the CoC grant application far exceeds $5 million which surpasses the value of the grant itself. Each agency project must provide both a local match (see above table) and additional leveraging funds in order to be considered for the award. The $5 million is based on the earning potential of those who have completed the programs in the past, and are now working, living and shopping in —229— Corpus Christi. Subsequently, many other agencies operating in the CofC offer additional leveraging of funds and other program related services in the fight against (chronic) homelessness. Historically, HUD required the local community to 'rank' the need priority of agencies presenting proposals seeking HUD funding, for both new and renewal projects during the CoC grant development process. For the past three years, however, HUD only required that renewal applications be 'approved' or 'disapproved' for inclusion, and not ranked. Only new applications had to be ranked in prioritization order. To approve /disapprove applications, the City conducted threshhold reviews of each project applications. If multiple new projects were submitted, the City relied on a prioritization pane! -- a group of non - partial local citizens — to determine project suitability and ranking. New projects were ranked as top priority to reap additional points during HUD's review process. Only one new project was proposed this year: a Permanent Housing project for Persons with Disabilities to be administered by Wesley Community Center. City staff recommended approval for all seven renewal projects and the one new project. This recommendation was based on prior year's project performance and outcomes. HIP will continue in its advisory capacity to support the City of Corpus Christi acting as Lead Agency /Fiscal Agent for the CoC. The long - standing relationship and processes established and maintained by HIP and the City of Corpus Christi's Neighborhood Services /Community Development Department will continue, thus allowing for a continuation of homeless services. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grants, authorize the execution of agreements, and appropriation of funding. EMERGENCY / NON - EMERGENCY: This item requires one reading and according to Article 11, Section 14 of the City Charter is classified as an "emergency" because it calls for an "immediate action necessary for the efficient and effective administration of the city's affairs." DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item . . BALANCE . _ , _.. _ Fund(s): Comments:The future funding of the Community Planning and Development grants by the U.S. Department of Housing and Urban Development is contingent on the budget appropriated by Congress on an annual basis, therefore an actual amount approved in future years cannot be predicted. RECOMMENDATION: Staff recommends the authorization of the "HOME 2011" Continuum of Care grant application in the amount of $1,452,183 to HUD for supportive housing program activities for the homeless. LIST OF SUPPORTING DOCUMENTS: NIA Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager Resolution authorizing the City Manager or designee to submit a grant application to the U. S. Department of Housing and Urban Development in an amount not to exceed $1,452,183 for the "Home 2011" Continuum of Care Homeless Assistance Grant and to execute all related documents. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to submit a grant appli- cation to the U. S. Department of Housing and Urban Development in an amount not to exceed $1,452,183 for the "Home 2011" Continuum of Care Homeless Assistance Grant and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 3, 2011 Eliza ' R. Hundley Assis ant City Attorney for the City Attorney Joe Adame Mayor EHres299 COC HUD FY11 Home 2011 Grant Subm 20111003 Page 1 of 2 —232— 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 David Loeb John E. Marez Nelda Martinez Mark Scott EHres299 COC HUD FY11 Home 2011 Grant Subm 20111003 Page 2 of 2 -233- 26 AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 9/30/2011 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services Edd ieOa cctexas. com 361- 826 -3234 FROM: Rudy Bentancourt, Interim CD Administrator RudvBfa7cctexas.com 361- 826 -3021 CAPTION: Acceptance of grant award, authorize execution of agreements, and appropriate funding for FY2010 Consolidated Annual Action Plan (CARP) which consists of Community Development Block Grant project Avance, Inc. (FY101 A. Resolution ratifying acceptance by the City Manager or designee of a grant from the U.S. Department of Housing and Urban Development for the 2010 Community Development Block Grant Program in the amount of $175,828 and authorizing the execution of all documents necessary for the Avance, Inc., project. B. Ordinance appropriating a grant of $175,828 from the U.S. Department of Housing and Urban Development in the No. 1059 Grant Fund for the 2010 Community Development Block Grant Program for the Avance, Inc., project; and declaring an emergency. BACKGROUND AND FINDINGS: On April 4, 2010, City Council approved the FY10 CAAP. Within the approved projects was Avance, Inc which was approved for $175,828. The proposed activity for Avance was to construct a new (4000 sq. ft) facility. The Bertha Gonzalez Education Center will provide program services for low income, at risk families. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grants, authorize the execution of agreements, and appropriation of funding. -237- EMERGENCY 1 NON-EMERGENCY: This item requires one reading and according to Article 11, Section 14 of the City Charter is classified as an "emergency" because it calls for an "immediate action necessary for the efficient and effective administration of the city's affairs." DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $175,828 N/A $175,828 BALANCE $175,828 N/A $175,828 Fund(s): Comments: Project given a one -time activity funding for its proposed scope of work. Future funding will be determined by a Request for Proposal as required by all agencies requesting funding. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager Resolution ratifying acceptance by the City Manager or designee of a grant from the U. S. Department of Housing and Urban Development for the 2010 Community Development Block Grant Program in the amount of $175,828 and authorizing the execution of all documents necessary for the Avance, Inc., project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council ratifies acceptance by the City Manager, or his designee, of a grant from the U. S. Department of Housing and Urban Development for the 2010 Community Development Block Grant Program in the amount of $175,828 and authorizes the execution of all documents necessary for the Avance, Inc., project. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 4, 2011 /2' ae, Eliz�th R. Hundley Assistant City Attorney for the City Attorney Joe Adame Mayor EHres300 CDBG Funding FY1011 Avance 20111004 Page 1 of 2 -239- Corpus Christi, Texas day of , 2091 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHres300 CDBG Funding FY1011 Avance 20111004 Page 2 oil —240— Ordinance appropriating a grant of $175,828 from the U. S. Department of Housing and Urban Development in the No. 1059 Grant Fund for the 2010 Community Development Block Grant Program for the Avance, Inc., 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 $175,828 from the U. S. Department of Housing and Urban Development is appropriated in the No. 1059 Grant Fund for the 2010 Community Development Block Grant Program for the Avance, Inc., 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: October 4, 2011 a;4Mt 10 .d/e/A Eliza th R. Hundley Assi ant City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHord349 CDBG Funding FY1011 Avance 20111004 Page 1 of 2 —241-- 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 David Loeb John E. Marez Nelda Martinez Mark Scott 27 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: 10/18/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services i I petean@cctexas.com (361) 826 -3781 Michael Morris, Director of Parks and Recreation rilt/4 michaelmo @cctexas.com (361) 826 -3464 CAPTION: Award of Job Order Construction Contract Joe Garza Recreation Center Re -Roof Motion authorizing the City Manager, or designee, to execute a Job Order Construction Contract with Haeber Roofing of Corpus Christi, Texas in the amount of $138,172.27 for the Joe Garza Recreation Center Re -Roof. BACKGROUND AND FINDINGS: The Joe Garza Recreation Center, located at 3204 Highland Ave in central Corpus Christi was built in 1965. In 1985, the center underwent a major renovation and addition. The roof is old and has been in poor condition for a number of years. Extended life, exposure and maintenance issues have deteriorated the roof, and it is in need of complete replacement. This project will address these issues and provide a properly drained, sloped, and wind storm certified roof. The proposed project is necessary to replace the roof at Joe Garza Recreation Center. ALTERNATIVES: This project was bid with only a Base bid, so there are no alternative bid options to award. 1, The City Council options are to award this contract to the low bidder (Haeber Roofing) or 2. Not award contract. OTHER CONSIDERATIONS: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction - related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost - effective and timely basis. The JOC Program utilizes an "on- call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects K:SENGINEERfNG DATAEXCHANGESLYNDAIPARKSIBOND ISSUE 20081E11043 -JOE GARZA81 F4;i5SA16A ITEM.OQTX as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: Allows a better defined scope with cost for the customer. > Construction contract award can be accomplished in Tess than one month, significantly shortening the procurement time. > Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. D Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and/or eliminate unforeseen conditions and excessive cost growth. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; CDBG Funds; FY 2011 -12 Capital Budget. EMERGENCY 1 NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0.00 $118,700.00 $0.00 $118.700.00 Encumbered / Expended Amount $0.00 $0.00 This item $0.00 $138,172.27 $0.00 $138,172.27 Other Anticipated Expenditures $0.00 $0.00 Balance $0.00 $138,172.27 $0.00 $138,172.27 Fund(s): CDBG Comments: The project will improve existing conditions at the Joe Garza Recreation Center facility. This project was approved by Community Development Block Grants (CDBG) Funds. This project requires 120 calendar days, with anticipated completion approximately March 2012. RECOMMENDATION: City staff recommends that the contract be awarded to Haeber Roofing of Corpus Christi, Texas, in the amount of $138,172.27. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager K-IENGINEERING DATAEXCHANGEIVELMAPIPARKS & RECIE11043 JOE GARZA RECREATION CENTER RE- ROOF1AGENOA ffEM.00TX PROJECT BUDGET Joe Garza Recreation Center Re -Roof Project No. E11043 October 18, 2011 FUNDS AVAILABLE: CDBG Project Funds $118,700.00 Additional CDBG Funds... $23,567.44 $142,267.44 FUNDS REQUIRED: Construction (Haeber Roofing) $138,172.27 Engineering Services ...... 3,595.17 Misc. (Printing, Advertising, etc.) 500.00 Total $142,267.44 File : \ Mproject \councilexhibits\exhE11043.dwg AGNES CORPUS CHRIST INTERNATIONAL AIRPORT CORPUS C51PJS2I PROJECT LOCATION LOCATION MAP NOT TO SCALE PROJECT SITE Joe Garza Recreation Center 1;1= 1.1.I1N11 AVE PROJECT #E11043 SITE PLAN NOT TO SCALE JOE GARZA RECREATION CENTER RE -ROOF CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10 -03 -2011 r.. wr• 28 TO: AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE; 10/25/2011 Ronald L. Olson, City Manager FROM: Pete Anaya, P.E. Director of Engineering Services petean @cctexas.com, (361)826 -3781 Resolution authorizing the submission of a grant application in the amount of $12,500,000 with the U.S. Department of Transportation for the Park Road 22 Bridge project. CAPTION: Resolution authorizing the City Manager or designee to submit a grant application in the amount of $12,500,000 to the U.S. Department of Transportation (DOT) National Infrastructures Investments Program for funding eligible under the Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program to be used for the construction of Park Road 22 Bridge, inclusive of a City match of $2,500,000, and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. BACKGROUND AND FINDINGS: Federal funds are available from the U.S. Department of Transportation (DOT) to award competitive grants for transportation projects that make a significant impact in their area Projects eligible for funding under this program include highway or bridge projects. Grants provided under this program shall generally be not less than $10,000,000 or greater than $200,000,000 and the Federal share of the costs may be up to 80 percent. The Department will give priority to projects that require a contribution of Federal funds in order to complete the overall financing package. ALTERNATIVES: Not apply for a grant and construct the project using city funds only. OTHER CONSIDERATIONS: Originally, the Texas Department of Transportation (TxDOT) was to share funding responsibilities in the construction of the Park Road 22 Bridge. State budget constraints forced this project to be dropped from state funding and left the City to finance the complete project with no assistance. Award of this grant would allow the City to proceed with construction of the project in a timely manner and assist in attracting development to the area. CONFORMITY TO CITY POLICY: Conforms to statutes regarding grant application processes. EMERGENCY / NON-EMERGENCY: Not Applicable —251— DEPARTMENTAL CLEARANCES: Engineering Services RECOMMENDATION: City Staff recommends approval of the Resolution so a grant application may be submitted on or before October 31, 2011 for a Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant for the Park Road 22 Bridge project. LIST OF SUPPORTING DOCUMENTS: Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager -252- \ Mproject\ councilexhibits \exh 628 1 . d wg '� Qso Creek PROJECT SITE LOCATION MAP NOT TO SCALE PROJECT #6281 G T O✓ Q9 j MEXICO 'st/ Q Q EXHIBIT "A" PARK ROAD 22 BRIDGE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 7 of/ DATE: 10/25/2011 -253- Resolution authorizing the City Manager or designee to submit a grant application in the amount of $12,500,000 to the U.S. Department of Transportation (DOT) National Infrastructures Investments Program for funding eligible under the Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program to be used for the construction of Park Road 22 Bridge, inclusive of a City match of $2,500,000 and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to submit a grant application in the amount of $12,500,000 to the U.S. Department of Transportation (DOT) National Infrastructures Investments Program for funding eligible under the Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program to be used for the construction of Park Road 22 Bridge, inclusive of a City match of $2,500,000. Section 2. The City Manager or designee is authorized to apply for, accept, reject, alter or terminate the grant, and to execute all related documents necessary. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 06- Oct -11 Af/°41.11- 0/1‹ Veronica Ocanas Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor J:11.ENG11 AGENDA ITEM 51201 111 01 1 1 111 01 1 1 1 RESO $12,500,000 TIGER grant for PR22 Bridge.docx -254- 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 David Loeb John E. Marez Nelda Martinez Mark Scott J:11.ENG11 AGENDA ITEM 51201111011111101111 RESO $12,500,000 TIGER grant for PR22 Bridge.docx —255— 29 AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 10/25/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean(cctexas.com, (361) 826 -3781 Michael Morris, Director of Parks and Recreation 7/174 michaelmoacctexas.com, (361) 826-3464 CAPTION: Award of Construction Contract Cole Park Renovations and Improvements - Shoreline Stabilization Motion authorizing the City Manager or designee to execute a construction contract with SafeNet Services, LLC of Corpus Christi, Texas, in the amount of $385,284.56 for the Cole Park Renovations and Improvements for `the .Base Bid plus Additive Alternates 1,. 2 and 3. (Bond Issue 2008). BACKGROUND AND FINDINGS: This project consists of restoring concrete bulkhead, installing cement stabilized sand capped with a Stone Rip - Rap material and landscape, which consists of the following: The General Scope of this Project is limited to the shoreline areas of highest erosion immediately North and South of the Cole Park Pier. The areas of restoration will include all areas from behind the existing concrete seawall bulkhead back to the concrete Hike and Bike trail (Bay Trail) paralleling the shoreline. Within this area, the distance from the seawall to the Bay Trail varies from 60 feet to 85 feet in width. Restoration will involve the installation of cement stabilized sand as a compacted fill material directly behind the Seawall which will then be capped with a Stone Rip -rap material. Furthermore, a 10 foot wide area adjacent to the Hike and Bike trail on the shoreline side will be a landscaped green buffer zone area. The Base Bid consists of the restoration of approximately 340 linear feet of shoreline approximately 290 feet north and approximately 50 feet south of the Cole Park Pier. Additive Alternate 1 consists of the restoration of an additional 80 linear feet of shoreline south of the Cole Park Pier (south of the Base Bid area) Additive Alternate 2 consists of the restoration of an additional 50 linear feet of shoreline south of the Cole Park Pier (south of the Alternate 1 area) Additive Alternate 3 consists of the restoration of an additional 50 linear feet of shoreline south of the Cole Park Pier (south of the Alternate 2 area) -259- On September 7, 2011, the City received proposals from five (5) bidders and the lowest three (3) bidders and their respective bids are as follows: Contractor Base Bid Base Bid Additive Alternate 1 Base Bid Additive Alternate 2 Base Bid Additive Alternate 3 Total Base Bid Plus Alternates 1, 2, 3 SafeNet Services, Corpus Christi TX $249,941.57 $60,399.92 $38,459.00 $36,484.07 $385,284.56 $441,418.34 Barcom Commercial, Corpus Christi TX $266,320.12 $68,948.58 $50,846.35 $55,303.29 Fox Tree & Landscape, Corpus Christi TX $280,140.85 $67,879.81 $44,294.50 $42,791.50 $435,106.66 This project is scheduled to be complete 120 days from the Notice to Proceed with anticipated completion in March 2012. OTHER CONSIDERATIONS: 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. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; Bond issue 2008; FY2011 -2012 Capital Budget EMERGENCY 1 NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 2,132,502.60 737,500,00 2,870,002.60 2,466,088.84 385,284.56 Encumbered / Expended Amount 2,132,502.60 333,586.24 This item 385,284.56 BALANCE 18,629.20 18,629.20 Fund(s): Parks and Recreation RECOMMENDATION: City Staff and JEC Architects recommend the contract be awarded to SafeNet Services, LLC. in the amount of $385,284.56 for the Base Bid plus Additive Alternates 1, 2 and 3. -260- LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager -261- PROJECT BUDGET Cole Park Renovations and Improvements - BOND 2008 Project Nos. 130054 and E11027 October 25, 2011 FUNDS AVAILABLE: Parks CIP (Bond 2008) $2,500,000.00 Parks CIP (Bond 2004) $370,002.60 Total $2,870,002.60 FUNDS REQUIRED: Construction: SafeNet Services, LLC* (Original Contract) $1,066,500.00 Construction: SafeNet Services, LLC (This Contract) $385,284.56 Contingencies $150,000.00 Construction Total (2 contracts): $1,601,784.56 Playground Equipment Purchase $328,497.00 Consultant Fees: Consultant (JEC Architects) ** Consultant (GignacLandscape Architecture)„ Consultant (Naismith Engineering) Consultant (Robert Gignac, ASLA) Consultant (RH Shackelford) Consultant (Moody Engineering) Materials Testing (Rock Engineering) Consultant Fees: Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) Finance Issuance Misc. (Printing, Advertising, etc.) $294,450.00 $2A 0©0..42 $29,505.00 $18,000.00 $9,760.00 $800.00 $17,714.00 $394,229.00 $44,049. 08 $56,062.46 $20,022.31 $12,500.00 TOTAL $2,851,373.40 ESTIMATED PROJECT BUDGET BALANCE $18,629.20 * Original Construction Contract was awarded by City Council on May 10, 2011. ** Original AIE Contract was awarded by City Council on March 23, 2010. -282- \Mproject rcouncilexhibite\exhE11027.dwg 53 RrvER M EM' LW fFR PROJECT SITE j COLE PARK CORPUS' Clik5711.9ty NAS PROJECT #E1102T F'H 2444 LOCATION MAP NOT TO SCALE MADRE COLE PARK RENOVATIONS AND IMPROVEMENTS (BOND ISSUE 2008) -263- CITY COUNCIL EXHIBIT CITY OF CORPUS HRISTI, DEPARTMENT OF ENGINEERING S CES PAGE: 7 of 1 DATE: 10/18/2011 30 DATE: TO: FROM: AGENDA MEMORANDUM. for the City Council Meeting of: Presentation October 18, 2011 Action November 8, 2011 November 8, 2011 Ronald L. Olson, City Manager Pete Anaya, P.E., Director of Engineering Services peteanC7,cctexas.com, (361) 826 -3781 Authorization to Sign Construction Contract: Aquarius Street — Project No. 6472 PURPOSE: Motion authorizing the City Manager or designee to execute a construction contract with Haas Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $1,303,865.60 for the base bid and alternates 1 - 3 for Aquarius Street (Project No. 6472). BACKGROUND AND FINDINGS: AquarhliiStreet was- ai*-aVed "by {he voters as part of the 2008 Bond Election "'This' contract "will result in the construction of Aquarius Street between Dasmarinas and Commodores. The street will be constructed with hot mix asphaltic concrete (HMAC) pavement. The work includes curb and gutters, sidewalks, curb ramps, pavement markings, street, speed and regulatory signs, traffic control, storm water, wastewater, and water improvements. The new Aquarius right of way is a total of 80 feet wide. The street will be constructed with both boulevard and standard sections. The boulevard section consists of an 18 foot median with two 16 foot street sections (curb back to curb back) and 15 foot wide green /sidewalk area between the curb and property line on both sides of the street. The standard section has a single street section of 40 foot width (curb back to curb back) and a 20 foot wide area between the curb and property line on both sides of the street. Both sections will include an 8 foot wide sidewalk on one side of the street. The Aquarius alignment facilitates access from Fire Station 15 on Commodores to Dasmarinas. Five bids were publically opened Wednesday, August 31, 2011. The total of the base bids and additive alternates ranged between $1,303,865.60 and $1,657,493.30. The difference in base bids for the three low bidders was $39,688.00 or approximately three percent of the low bid. The Consultant's estimate of cost was $1,292,056.00. The low qualified bidder was Haas Anderson Construction, Ltd. of Corpus Christi. Actions for dedicating the new Aquarius Street right of way are underway and according to the agreement with the adjoining property owner, Asset Development Corporation, will be complete no later than October 28, 2011. This item is scheduled for Council action on November 8, 2011. The contract requires the work be completed within 140 calendar days are notice to proceed. It is anticipated construction will be complete no later than March of 2012. ALTERNATIVES: 1. Award the motion as proposed. 2. Reject bids which is not recommended and would double printing and advertising costs. —267 - K:SEngineering DataExchangelKevinSS GEMSTREETS444T2Aquarius4ConstructienAward - Executive Summaiy,dvex FINANCIAL IMPACT: sI Not Applicable a Operating Expense ❑ Revenue X CIP FISCAL YEAR: 2011 -2012 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $296,700.00 $2,471,800.00 $2,768,500.00 $209,012.32_ $1,303,865.60 $1,255,622.08 - Encumbered /Expended Amt. $209,012.32 This item $1,303,865.60 BALANCE $87,687.68 $1,167,934.40 FUNDS: Street, Storm Water, Wastewater & Water CIP Fund Comments: This project has been reviewed with the Island Strategic Action Committee (ISAC) and has received their concurrence and support. RECOMMENDATION: City staff recommends that the contract be awarded to Haas Anderson, Ltd. of Corpus Christi, Texas, in the amount of $1,303,865.60. CONFORMITY TO CITY POLICY: The procurement process conforms to the Texas Local Government Code for public works projects and the FY 2011 -12 Capital Budget. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Not Applicable. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Bid Tabulation Summary Exhibit B: Project Budget Exhibit C. Location Map Cc: Veronica Ocanes, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager K:SEngineering PataExchangelKevinSS GEMSTREETS \6472Aquerius \ConstruaionAward - Execu(ipe2u6iay =uocx co) r H co U y ❑ a m O 0 0 )- H w U t a 0 a ? H CC W Lll Z Z U- 0 r Z w 2 vs ENGINEER'S ESTIMATE $ 1,292,056.00 0 0 Z Time of Completion: Base Bid - 150 Calendar Days, Alt. No. 1 5; Alt. No. 2 PROJECT BUDGET AQUARIUS STREET Project No. 6472 October 18, 2011 FUNDS AVAILABLE: Street CIP 2008 950,000.00 Storm Water CIP 1,032,900.00 Wastewater CIP 222,100.00 Water CIP 553,400.00 Gas CIP 10,000.00 2,768,400.00 FUNDS REQUIRED: Construction (Haas Anderson) 1,303,865.60 Contingencies (10 %) 130,400.00 Consultant Fees: Consultant (Urban Engineering) (Basic Services $88,056 = 6.8 %) ... 222,026.00 Construction Managementllnspection (Included in Urban Contract)- Geotechnical Services (Raba Kistner) 3,690.00 Materials Inspection & Testing (Est.) 30 000,00 Reimbursements: Engineering, Traffic Engineering, Finance, etc. 55,000.00 Total 1, 744, 981.60 Variance 1,023,418.40 Exhibit B Page 1 of 1 -270- File : \ Mproject \councilexhibits \exh6472.dwg LOCATION MAP NOT TO SCALE PROJECT # 6472 VICINITY MAP NOT TO SCALE EXHIBIT "C" AQUARIUS DRIVE - DA SMARINA S TO COMMODORES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1of1 DATE: 10 -18 -2011 -271- 31 AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 9/30/2011 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services EddieO @cctexas. com 361 -826 -3234 THRU: Rudy Bentancourt, Interim CD Administrator 4) RudyB @cctexas.com 361-826-3021 Public hearing regarding "Substantial Amendments" to CAAP: FY05, FY08, and FY09 and Motion to amend each project A. Public hearing to receive public comments regarding amendments to each of the following fiscal years' Consolidated Annual Action Plan (CAAP) approved by the U. 5. Department of Housing and Urban Development (HUD): to change the location and scope of work for a FY05 Community Development Block Grant (CDBG) project for Avance; to cancel a FY08 CDBG - Recovery (CDBG -R) project for CPL / BrightBiz Direct Energy and reallocate the funding to an approved project for Neighborhood Centers; to cancel a FY09 HOME Investment Partnerships Program (HOME) project for Nueces County Mental Health and Mental Retardation and reprogram the funding in the FY12 CAAP; and to change the scope of work for a FY09 CDBG project for Mary McLeod Bethune Day Nursery. B. Motion to authorize the City Manager or designee, following the conclusion of the public comment period required by the U. S. Department of Housing and Urban Development (HUD), to amend the FY05 Consolidated Annual Action Plan (CAAP) by changing the location and scope of work for a Community Development Block Grant (CDBG) project for Avance; to amend the FY08 CAAP by canceling the CDBG- Recovery (CDBG -R) project for CPL /BrightBiz Direct Energy and reallocating the funding to a project for Neighborhood Centers; to amend the FY09 CAAP by canceling a HOME Investments Partnership Program (HOME) project for Nueces County Mental Health and Mental Retardation, with a commitment to reprogram the funding in the FY12 CAAP; to amend the FY09 CAAP by changing the scope of work for a CDBG project for Mary McLeod Bethune Day Nursery; and to reinstate and execute all necessary documents with HUD and CAAP grantees as may be required to complete the affected projects. BACKGROUND AND FINDINGS: Per HUD and the City of Corpus Christi's (City) 5 year Consolidated Annual Action Plan (CAAP), Substantial Amendments are required to amend each CAAP which will trigger a comment period once motion is approved. A "Substantial Change" is defined by the City to be: 1). A proposed new activity which cannot reasonably be construed to have been included within the programmatic intent of the adopted application or in the commitment of funds to a specific project; or 2). An activity that was identified in the adopted application, but which subsequently is proposed to be deleted; or 3). An activity that is proposed to be altered in terms of its purpose, scope, location, or beneficiaries to such an extent that it can no longer reasonably be construed as the activity reviewed by the public and approved by the City Council. FY05- Avance, Inc. received CDBG funding for the new construction of a building located at 2822 Nogales. Amendments followed to the original project included changes to the location. The final change to the location is 601 12th Street. This project will combine FY05 ($100,000) and FY10 CDBG ($175,828) funds in the amount of $275,828 to complete the new construction project. FY08- CPLBrightBiz Direct Energy received CDBG - Recovery funds to retrofit buildings to increase energy efficiency of small non -profit companies. CPL could not agree to some of the federal requirements in the City's agreements and CPL chose to not pursue award for funds. Partial funding, in the amount of $35,984.07, will be reallocated to FY08 CDBG -R Council approved project Neighborhood Centers of Corpus Christi for the completion of the project. FY09- Nueces County MHMR received HOME funds to replace roof, refurbish fascia boards and paint exterior of Pathway Building which provides for transitional housing for NCMHMR clients. Program design and activities- carried 'out • at- the-Pathways -Fac ii°ty -de- not - €alk with te-def nition -o T-ransifinnal-Hou g-as -w - required by the U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program. Project will be deleted from FY09 CAAP and FY09 HOME funding in the amount of $31,300 will be reprogrammed into FY12 HOME CAAP. FY09 -Mary McLeod Bethune Day Nursery received CDBG funds to remove old, rotting prefabricated Building "C" from site and build new Building "C ". Due to funding limitations, scope of work has changed to include the re- roofing and insulating roof for better performance and energy efficiency of Building "A ". Funding used for this project is $75,000. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to amend each project is required for the completion of projects. EMERGENCY INON- EMERGENCY: This item requires one reading and according to Article 11, Section 14 of the City Charter is classified as an "emergency" because it calls for an "immediate action necessary for the efficient and effective administration of the city's affairs." —276— DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $242,284.07 N/A $242,284.07 BALANCE $242,284.07 N/A $242,284.07 Fund(s): Comments:Proposed project amendments have already gone. to City - Council -for- approval- and - appropriations. CDBG - Avance is requiring change of location and scope of work; CDBG -R- CPL /BrightBiz project has been removed and remaining funds will be transferred to approved project Neighborhood Centers of Corpus Christi; CDBG -Mary McLeod Bethune Day Nursery is requiring a change in scope of work; and HOME - NCMHMR has been removed due to ineligibility and funds will be reallocated -to FY2012 CARP. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: N/A Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager 32 AGENDA MEMORANDUM for the City Council Meeting of October 25, 2011 DATE: 9/30/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Director of Development Services StephenD@cctexas.com 361- 826 -3246 PUBLIC HEARING — CHANGE OF ZONING FROM "RS -6" SINGLE- FAMILY 6 DISTRICT TO "FR" FARM RURAL DISTRICT AS REQUESTED BY THE PROPERTY OWNER, BRUCE S. HAWN (Case No. 0811 -01) CAPTION: Ordinance amending the Unified Development Code, upon application by Owner Bruce 8. Hawn and wife Nancy E. Hawn, by changing the UDC zoning map in -reference to -Palrriros Tract; °Block 1; Lot" 1A; Allen - Tract; Block! -0:24 acre out of Lot 1, and Flour Bluff & Encinal Farm & Garden Tracts, Section 40, 8.23 acres out of Lots 15, 16, 17, from the "RS -6" Single - Family 6 District to the "FR" Farm Rural District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a rovidin for Publication; and declaring an emergency. penalty; P g P 9 g Y• BACKGROUND AND FINDINGS: The purpose of the "FR" Farm Rural District is to more accurately reflect and allow the continued use of the property for residential, farm and agricultural purposes. The Comprehensive Plan and the Flour Bluff Area Development Plan (ADP) slates the subject property as a mixed use including farm -rural and single - family residential. The Comprehensive Plan and Flour Bluff ADP both encourage continued development including equestrian, farm - rural, and residential uses for this area of the Flour Bluff peninsula. With the subject property located approximately 1,000 feet from a primary touch and go runway for Waldron Field and well within an APZ -1 (Accident Potential Zone -1) staff supports the owners request to re -zone this property to a lesser density. This rezoning would reduce the potential for future residential development and minimize the possibility for loss of life due to aircraft accidents. ALTERNATIVES: 1. Denial of the request to modify or change the current zoning "RS -6" Single Family District. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The proposed change in zoning is consistent with both the Flour Bluff ADP and adopted Future Land Use Map of the Comprehensive Plan. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable City Council Executive Summary Memorandum Bruce S. Hawn (Case No. 0811 -01) Page 2 Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): RECOMMENDATION: On August 31, 2011, the Planning Commission and Staff recommended approval of the change of zoning to .the "-FR" -Farm Rural-District. LIST OF SUPPORTING DOCUMENTS: Zoning Report • Ordinance c: f e•ora : rown, 1 ssis an ity i ttorney Rudy D. Garza, Assistant City Manager Eddie Houlihan, Assistant Director of Management and Budget K:IDEVELOPMENTSVCSISIIAREDII- PLANNING COMMISSION12011 CC%SEPT 2011108 11 -01 BRUCE S. liAWN\COUNCIL ACTION ITEM 0811 -01 BRUCE S. HAWN.DOCR —282-- ZONING REPORT Case No.: 0811 -01 Planning Commission Hearing Date: August 31, 2011 C Cid Applicant: Bruce S. Hawn Owner: Bruce S. Hawn Representative: Bruce S. Hawn Legal Description/Location: Palmros Tract, Lot 1A, Block 1, 0.24 acre out of Lot 1 Block 1, Allen Tract, and 8.23 acres from the remaining portions of Lots 15, 16, & 17, Section 40, Flour Bluff & Encinal Farm & Garden Tracts located, west of Flour Bluff Drive and north of Glenoak Drive. From: "RS -6" Single - Family 6 District To: "FR" Farm Rural District Area: 10.67 Acres Purpose of Request: To allow for the continued use of the property as farm & agricultural purposes. o � N oL W Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - family 6 Low Density Residential Agricultural/Rural North "RS -6" Single - Family 6 Low Tensity Residential Low Density Residential South "FR" Farm Rural Agricultural/Rural Agricultural/Rural East "RS -6" Single - Family 6 Low Density Residential L ow_Densiry....._... Residential West "RS -6" Single - Family 6 Low Density Low Density Area Development Plan: The subject property is located in the Flour Bluff Area Development Plan (ADP) and is planned for a mixture of farm -rural and single - family uses. The proposed change in zoning to the "FR" Farm Rural District is consistent with the Flour Bluff ADP and the adopted Future Land Use Map. Map No.: 038,030 & 037,030 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the "FR" Farm Rural District is to more accurately reflect and allow the continued use of the property for farm and agricultural purposes. • Transportation and Circulation: The subject property fronts on Flour Bluff Drive, an arterial, a major north and south traffic carrier for the Flour Bluff peninsula. Approximately two miles north of the subject property where Flour Bluff Drive intersects with South Padre Island Drive and for several hundred feet south to Don Patricio Road, Flour Bluff Drive is currently under construction and is being widened to accommodate the increased traffic loads. The new construction will better serve the area traffic demands. Street R.O.W. 1 Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Trans. Plan Type Traffic 2007 Volume 2007 Flour Bluff Drive 65' R.O.W., 28' paved 95' R.O.W., 64' paved Al Arterial 12,388 Glenoak Drive Y 50' R.O.W., 22' paved 60' R.O.W., 28' paved C1 Collector NA —283— Zoning Report Case #: 0811 -01, Bruce S. Hawn Page 2 • Relationship to Smart Growth: While continuing to utilize existing infrastructure the proposed rezoning would have minimal to no impact regarding smart growth. The proposed re- zoning would in fact more closely correspond to the proposed future development of this area. Although consistent with current and in keeping with future development this project does not provide any additional housing opportunities or expand on the idea of a "walk -able" community based on the variety and availability of transportation choices. • Comprehensive Plan & Flour Bluff Area Development Plan Consistency: The Comprehensive Plan and the Flour Bluff Area Development Plan (ADP) slates the subject property as a mixed use including farm -rural and single- family residential. The proposed change in zoning is consistent with both the Flour Bluff ADP and adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Flour Bluff ADP both encourage continued development including equestrian, farm - rural, and residential uses for this area of the Flour Bluff peninsula. With the subject property located approximately 1,000 feet from a primary touch and go runway-for-Waldron-Field;-a- naval -air - training - facility- and - being well -within-an -APZ-1.-(Aceident - Potential Zone -1) staff is in agreement with the customer's request to re -zone this property to a lesser density thus reducing the potential for future residential development and minimizing the possibility for loss of life due to aircraft accidents. Plat Status: A 2.208 portion of the property is Platted, described as Palmros Tract, Lot 1A, Block , .24 acre out of Lot 1 Block 1, Allen Tract, and the remaining 8.23 acres not platted and described as Flour Bluff Encinal Farm & Garden Tracts, portions of Tracts 15, 16, & 17 Section 40. Department Comments: • The property owner, Mr. Bruce S. Hawn, has requested a change of zoning from the "RS -6" Single- Family District to an "FR" Farm Rural District in an effort to allow for the continued use of his property as an agricultural and farm related use. Mr. Hawn has stated that while establishing his residence at this location he also wishes to continue enjoying his horses and in the near future begin breeding and/or the raising of raising sheep, goats and alpacas. Staff agrees with Mr. Hawn in his effort to make more consistent the zoning district with which his use is located. • ShouId the applicant be granted a change of zoning to the "FR" Farm Rural District, the ability to obtain a building permit for any future or existing structures on the 2.2 acre platted portion of his property will be compromised. Because the 2.2 acre property is platted by changing the zoning from a single - family district to a farm rural district having a minimum lot size of five (5) acres, the 2.2 acre tract will now become non - conforming and non - compliant with the standards established in the UDC Unified Development Code. In the future, to obtain a building permit from the City of Corpus Christi a replat of the entire 10.67 acre site must be approved and filed for record. Mr. Hawn has been made aware of this and stated that he would, at a later date, process the required replat of his property. PIanning Commission and Staff Recommendation: Approval of the request from the "RS -6" Single- Family District to the "FR" Farm Rural District. —284— Zoning Report Case #: 0811 -01, Bruce S. Harem Page 3 Number of Notices Mailed Total —15 within 200' notification area; 2 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0.0% As of August 25, 2011 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership map K:SDEVELOPMENTSVCSISHAREDII. PLANNING COMM1SSION52011 P02011 ZONING REPORTSSAUGUST 2011\0811 -01, BRUCE S. HAWN (RS -6 TO FR).DOC -285- FLQUR $LiJFF FARM AND r.DN TRS SEC 40 SUBJECT ROPERTY EGER L'v BARNS LLEN TRAC EN TRACT .1 ALEX .NDER T - ACT CASE: 081 1 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 Apartment House District 1 -1 Limited Industrial District A -1A Apartment House District 1-2 Light Industrial District A.2 Apartment House District 1-3 Heavy Industrial District AB Professional Office District PUD Planned Unit Development AT Apartment - Tourist District R -1A One Family Dwelling District B-1 Neighborhood Business District R -1B One Family Dwe&EEng District B-IA Neighborhood Business District R -IC One Family Dwelling District B -2 Bayfront Business District 9-2 Multiple Dwelling District B-2A Barrier Island Business District RA One FelnIEy Dwelling District 9-3 Business District RE Residential Estate District B-4 General Business District A -TH Townhouse Owelling District 9-5 Primary Business District 9P Special Permit B -B Primary Business Core District T -1A Travel Trailer perk District BD Corpus Christi Beach Design Dist. T -16 Manufactured Home Park District F-R Farm Rural District T -1C Manufactured Home Subdivision HC Historical- Cultural Landmark District Preservation Subject Property Owners With 200' butter in favor 4 Owners within 200'listed on V Owners attached ownership table in opposition S BJECT OPERTY LOCATION MAP - 86- Ordinance amending the Unified Development Code, upon application by Owner Bruce S. Hawn and wife, Nancy E. Hawn, by changing the UDC zoning map in reference to Palmros Tract, Block 1, Lot 1A, Allen Tract, Block 1, 0.24 acre out of Lot 1, and Flour Bluff & Encinal Farm & Garden Tracts, Section 40, 8.23 acres out of Lots 15, 16, 17, from the "RS -6" Single - Family 6 District to the "FR" Farm Rural District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Bruce S. Hawn and Nancy E. Hawn, for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 31, 2011, during a meeting of the Planning Commission, and on Tuesday, October 25, 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 UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Palmros Tract, Block 1, Lot 1A, Allen Tract, Block 1, 0.24 acre out of Lot 1, and Flour Bluff & Encinal Farm & Garden Tracts, Section 40, 8.23 acres out of Lots 15, 16, 17, from the "RS -6" Single - Family 6 District to the "FR" Farm Rural District, located west of Flour Bluff Drive and north of Glenoak Drive (Zoning Map 038,030 & 037,030) (Exhibit A - "Planning Commission's and Staff's Recommendation "). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. Page2of3 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 as provided in Section 1.10.1 and /or Article 10 of the UDC. 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 Armaado„.bapa -. JoewAdarne_- City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This Z I'day of borah Walther Brown Assistant City Attorney For City Attorney , 2011 K:I LegaiISHAREDILEGAL -DEV.SVCSI2o11 AgendalBruce Hawn Case No.0811- 41170.18.11.6811 -o1 Bruce S Hawn (RS-6 to FR)DWBFinaL.doc — 288— Page 3of3 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 Ma or Cif of Cor us 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 David Loeb John E. Marez Nelda Martinez Mark Scott K:1 LegaIISHAREDILEGAL- DEV.SVCS12011 AgendalBruce Hawn Case No,0811- 01110.18.11.0811 -01 Bruce S Hawn (RS -6 to FR)DWBFinal.doc —2 8 9— G -2 EL '17'E121364 FLOUR BLUFF FARM AND DN TRS SEC 40 SUBJECT ROPERTY EGER I R1SE BARNS/ LLEN TRAC T DURHAM TRA -URN • TR •C SEABREE.fdE ESYATES 1 ALEX .NDER T -ACT GLENOA artment of o8FlW rh�cr al? 'eo m nrS CASE: 081 1 -01 Exhibit A Planning Commission & Staff Recommendation From: "RS -6" Single Family 6 To: "FR" Farm Rural Ordinance No. LOCATION MAP 33 AGENDA MEMORANDUM for the City Council Meeting of 10/18111 DATE: September 30, 2011 TO: Ronald L. Olson, City Manager FROM: Scott Neeley, Chief Executive Officer, CCRTA sneery @ccrta.org (361) 289 -2712 UPDATE TO CITY COUNCIL — Corpus Christi Regional Transportation Authority (CCRTA) Annual Report STAFF PRESENTER(S): 1. None 2. 3. OUTSIDE PRESENTER(S): a/Position- Dept Name Title /Position Organization 1. Scott Neeley Chief Executive Officer CCRTA 2. Crystal Lyons Board Chairman CCRTA 3. BACKGROUND : Once a year, the Corpus Christi Regional Transportation Authority (CCRTA) comes before City Council to report on key projects and activities. LIST OF SUPPORTING DOCUMENTS: PowerPoint Approvals: Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager 0 0 r - 0 c0 -176Z- a E warn 00090 00000 00000 00001 00000 00090 00000 0000. 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C .> cn -_ -0 O �u aa,oF2_ _ cn o -0 al -.. _o _. 4 0 (n c� �--' o a} (c.113 cy) u) co c -0 Q - 2 s.c2 —6 -, 0 1(:). tc]..13.,_!-- . _,(1) 42L- 0 E E m 0 cd N N CZ -0 � cn O QZ��W�t��.�ooZC� ~ v C T❑ w a? o 6� • IIIPM11111 ••••• 0••00 ••••• • •• • 00 • * • •0* 0 0 c`i •s .c b 0 -00E- 0) 2 (1 E LJ -0 o o -181 a) a) c cf) c 0 u-0 A 1.111PIPOPIPIP 000000 00•••0 000000 00.000 000000 000000 000000 000••• -LOC- co 0 0 U) C M (1) a) c co E •u) p a) c) a) > IT) co -0 CD = 2 E L. .c a 0 a "IEj E "Cii c cm o m 0 0 0 ...1 A A A 1 0 -o -Z0E- www. ccrta.org 34 AGENDA MEMORANDUM for the City Council Meeting of October 18, 2011 DATE: October 4, 2011 TO: Ronald L. Olson, City Manager FROM: Jun Perales, P.E., Assistant City Manager p Planning �� ��� Fa a ce Goode- Macon, Assistant Director of Development Services / Master Plannin Bob Payne, AICP, Senior City Planner UPDATE TO CITY COUNCIL — Amendment to the Comprehensive Plan for the Corpus Christi Beach Area STAFF PRESENTER(S): Name 1 .... Juan Perales, P.E. 2. Bob Payne, AICP 3. OUTSIDE PRESENTER(Sl Name 1. Tom Schmid 2. Carry Robertson 3. Rocco Montesano 1AII are members of the Corpus Christi BACKGROUND: Title /Position Assistant City Manager Senior City Planner Title /Position CEO and President Resident Executive Director Beach Task Force Department Master Planning Organization' Texas State Aquarium Property Owner USS Lexington on the Bay The North Central Area Development Plan was first adopted in 1990 with a minor update in 1995. The area covered by this plan includes the Texas State Aquarium, the USS Lexington and Corpus Christi Beach. The plan is now over 15 years old, is out of date, and not in compliance with the City Charter requirement that Comprehensive Plans be updated at least once every five Years. A major goal of the Corpus Christi Beach Taskforce is to provide input for development of a new plan for Corpus Christi Beach. The proposed plan addresses future land uses, development issues, goals, and policies to encourage redevelopment of Corpus Christi Beach. The plan also contains a list of high priority projects addressing zoning amendments, and needed Capital Improvements. LIST OF SUPPORTING DOCUMENTS: (E.g. PowerPoint, report) PowerPoint Presentation Plan Map and Text Approvals: Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager -305- 10/12/2011 Corpus Christi Beach Development Plan Planning Pl.anning Department Introduction Planning Process Corpus Christi Beach Task Force Corpus Christi Beach Association Input frorn: Park and Recreation Engineering Services MPO TxDOT RTA Others P1a;,nrno Del!am i r:: 2 —307— 10/12/2011 Introduction of Presenters Tom Schmid. President and CEO, Texas State Aquarium South half of CC Beach Carrie Robertson. Resident/Business Owner North half of CC Beach Rocco Montesano, Executive Director, OS Lexington Major Proposed Projects I Summary —309— 1 . . ..I . r• - L.— r.-• / -........... ,-, .—... . . / lib 4 , ' -I Ch - - . i '--,---• : . rz.. r as F .e '5: 4 1/2 ,i10.11,1 Ci 4 'qka --- ,• z..,.. r......., — --__ . -- --- ,e:L.K.'?'_ ''' • , ..,...--.L, ....... o rt, , • ' Alk ',- --__ --_ ......, . ',:-' o'•-•`•'.::..,. - .11-..-.4. .....,....... ip„........_ ,,,,,,-__ - ■ 7: ',1 i - ri; •-•• -, •••• ' ,,..:' .._:F------_,_ ...,.-- --11-<_ Pit .--- Pq '1' 42_ _ __. ,._. _ - — *--_____---- _ i _ .„.• 0 7., _ ........., . !...Fr..t.t.'-,:.°;ttl--.Lr'=:—-' '..---- .r ,r, s•r-'` - ,••••'„'"., North Central ADP ,....... ''!2..-±i...._4. ;,•,,•. II.7-r, , '..- • IL. ; IL: .',0t-oV4r-eV„4; ‘ . . .' IVi .. ._E. ' . . , -' rr.4• -± lY l • Adopted n1989 11 ' L - ... _.:,..:,. „,,.....,,.....,__ _ • .... 5, • . tl, 1 . .;- rq-'1 1 • li ''''''',,I. -1:-L'',;•'.`''',./ ....-3',.-- t'.',---'-- z_`,,-_,,,- , '' I ='''--'1,•9":.: t..-1- •;:.' 4... LI: .2-,..—:::1-.'-:=1‘...7--..11.t-1, 14 ,„)„.:-....-, • Renamed and ...___ . •_..„.,%___, + ...,.„..‘,... ___.___,....____......c.5 ik M•'' -444' —'11--.' ---_ r ''.. ' . .I Z±....:-V.".-t77:::;-Z --% :"E]:, li — - -t, expanded , ,„ - ,.„•,. . .--'- -.„_.t_:,_.-.,.:,";,. z, _: „L „-..., v_- .:••23'._2.. _ -_-..:..-..-:!t._ ' .'; • r- l-.- -.. • 7 ",'” - -'.L:., ' '• ' --' 11Corpus Christ Beach F-. -.s .. .., :77. 7 1.:..... = 1.• . .!..:—.1. . r . .. :::_:---7.---:---- _-2:-.1.7:-, e - - . j ......1..._ 4..._ ,..., ......-,.. i .40:t. Itru 4:item... -77. i:,:i.,,,:;;:.,...../. -.T...,...E..e:7_::::::,-,;:i_.1::: Development Plan ___,....___ , u lt. r ' 'FIP !It , ' ','• y'',0. , ,' ---_-__ • Or S , Expanded — to include .... _ ... . t , .# '91: '''.°. — • • • - t'4_ _:-,!,';'1Z-:--.:1•_-_1::....._•_: •••• - a "„ • ' • FrGlir7.."2' 1,. 4-. ' Ki'..)PEY.7.41D:-TJE:9:11:nn't,:c.5. 4 .. k.;472---, 1_441P1.;;;L;, IP,-..1.7_c-,r!Eiir ",.. .—r• - '':'1.71"—:: Rincon Channels ,,.,.4. .,... r+ ........__. :„....,....z._;,:. , 7.14ii-var-n.smiir ral in e .'-`• . i •-.1;;,,, I A and B . 0 • 4-- 1 OTT ;r •Ltie....,-.....-7,11 ... ,...._ „. .0 k ... -,.. o (4t 0:•••-• k...' - ... ',- PlannIng Department 4 r 10/12/2011 Rezone Bayfront to one zone consistent with the plan Improve streetscape between the Plra,.0.00 Existing *Nth Shoreline Boutevard n 100 Right-of-Way Existing Condition N. Shoreline— Between Aquarium and the Lexington Inefficient use of 100 foot right-of-way Narrow sidewalk Unsightly overhead utilities Inefficient parallel parlEciiLigijayg_,!,t,„t —3 2 1— • Nnrth 9I lire antilatraMd"Cr,tnplate Street' Redesign far Vehicles, Pedestrians and 9;syz;Efli% . I:r.CVa1n7 Ilarouee Iralil[AY 7otf..1. 4i1/Mt[Ma, mi improve streetscape between the Aquarium and the Lexington Wider sidewalk More on- on- street parking Remove overhead utilities Create an attractive community space Pfanr„ri_i f ?axrrrrarr 11 ' Breakwater Destination Next the Lexington Breakwater between the Aquarium and Lexington Opportunity for plaza and destination Parking lost could be replaced with on street angled parking on North Shoreline Ptarinlrrg Depaiirrrent 12 --323- 10/12/2011 -325- -327- 10/12/2011 Corpus Christi Beach Goals - North Encourage lower density uses Upgrade water system Remove zoning barriers to redevelopment Improve streets & sidewalks Add sidewalks to beach access roads Improve city park land r rrrr rxr fJer.,r;in _ rri is Lower Density Development Promote lower density development Utilities designed for lower density Reduce lot width and lot size requirement in the RlVI-AT District for single family development Consider the area for an architectural overlay similar to the Island Overlay District Pidilf rrrg Departncrif —329— 10/12/2011 Dolphin Park Approximately 17.5 acres of uplands; 12,2 acres of wetlands Create Protected Water Enhance Wetlands Pursue Public Private Partnership Dolphin Park Area —17+ acres Unrealized Potential on City Owned Land —331— 10/12/2011 Adopt a Specific 1 Plan for Dolphin Park Trails ADA Adventure Birding Protected BeachZ eac r eme, an an eco •unsm theme. Each atthese thainos sljould Include ectve.and`pessivs 1eaoheluses RNvPa�r7 itd je R � Park aJ3sltthse taBhai _ h S p 16oa ramp are Ih need of redevefopruent Tfie Clly sfiaufd work • wllh !fie aperafcre toj • encourage finpmnvepsent afaolh pmpeit ea ilea ilyd; @ irdi0 fi Creation of New Destinations Surfside Park Paradise Pier was a major community attraction in the 1930s A new Pier would be built to modern standards / FEMA Standards Planning Department 20 —333— 10/12/2011 - Creation of New; estination Paradise Pier Opportunity at Surfside Park to create a new landmark destination and recreate a modem Paradise Pier hei c9dagoebfro`.. igatiffilc he Pas Ilia rn40snruientgnept csi ueatcs 15:oxm a Wilf,artilaigar I P f4ritiij � pLiri'iIYI }i '21 Existing Piers as a Model for CC Beach Manhattan Beach California Huntington Beach California Planrwi,ty 1Deparirrrere —335— 10/12/2011 urnrnary of Major Projects Some of the 16 Major Plan Projects Develop Paradise Pier Reduce Street Flooding Improve Streets and sidewalks next to existing development Adopt a Specific Plan for Surfsicle & Dolphin Parks Renovate Public Restrooms at both parks Develop public plazas near USS Lexington and Aquarium Renovate the breakwater next to the Lexington as a new attraction Flamm g a:1)0/iniE- Caurtesy. Th irdcoasVioto —337— 1