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HomeMy WebLinkAboutAgenda Packet City Council - 01/17/2012 ' , fir'-'•���. ±z. � hdscL.r a r : ra r ` 77 Is u I M11 Ell �p t s: till Aaghhl s F a ....... 'r YS � 8 ((r. a�' 11:45 A.M. - Proclamation declaring January 17, 2012 as"Coastal Bend Coalition Against Modern Day Slavery" Proclamation declaring January 22, 2012 as "Humberto Lozano Lopez Day Proclamation declaring February 1, 2012 as "Mission FitPossible Day" Certificate of Commendation to Volunteers and Staff, Corpus Christi Museum of Science and History for Recognition of American Association of Museums Reaccreditation AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL- COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JANUARY 17, 2012 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. j Si Usted desea dirigirse at Concilio y tree que su ingles es limitado, habrd un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. aPersons 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 369-826-3906) at least 48 hours in advance so that appropriate arrangements ' can be made. a A. Mayor Joe Adame to call the meeting to order. i B. Invocation to be given by Pastor Kenneth Mutchler, Immanuel Fellowship. 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 Chris N. Adler Council Members: Larry Elizondo, Sr. City Manager Ronald L. Olson Priscilla Leaf City Attorney Carlos Valdez David Loeb City Secretary Armando Chapa John Marez Nelda Martinez Mark Scott i Agenda Regular Council Meeting January 17,-2012 Page 2 E. MINUTES: 1. Approval of Regular Meeting of January 10, 2012. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment# 2) 2. Corpus Christi Aquifer Storage and Recovery Conservation District 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. l H. CONSENT AGENDA Notice to the Public i 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. Lease of equipment to maintain beach and beach roadways Motion approving a supply agreement with Doggett Machinery, of Corpus Christi, Texas; for the lease of three wheel loaders in accordance with Bid Invitation No. BI-0049-12, based on only bid, for an estimated twenty-seven month expenditure of $331,209, of which $73,602 is budgeted for FY2011-2012. The Agenda Regular Council Meeting January 17, 2012. _. Page 3 term of the agreement shall be for nine months (February- October) for three consecutive years beginning in 2012. Funding is budgeted and available in the Parks and Recreation FY2011-2012 adopted budget. (Attachment # 3) 4. Purchase of specialized equipment for Homeland_Security purposes Motion authorizing the purchase of specialized equipment for a total amount of $64,415.17 utilizing funds from the 2009 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. (Attachment # 4) I 5. Purchase of specialized equipment for Homeland Security purposes a. Motion authorizing the City Manager or designee to accept a sub-grant in the amount of $95,299 from the Department of Homeland Security FEMA for funding eligible under the 2010 Port Security Grant. Program (PSGP) grant to purchase law j enforcement equipment for the Police Department. I (Attachment # 5) b. Ordinance appropriating $95,299 in the No. 1061 Police Grants fund from the Department of Homeland Security FEMA for funding eligible under the 2010 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department. (Attachment # 5) 6. Professional services contract to improve Brawner Parkway drainage Motion authorizing the City Manager or designee to execute Amendment No. 6 to the Contract for Professional Services with t-NV Engineering, of Corpus Christi, Texas, in the amount of $758,964 for a total restated fee of $2,877,767 for the Brawner Parkway Channel Improvements associated with the Staples Street Improvements as follows: (BOND 2008) (Attachment # 6) Phase 1 from Brawner Parkway to Barracuda Place 0 Phase 2 from Barracuda Place to Gollihar Agenda Regular Council Meeting January 17, 2012 Page 4 i 7. Approval of chane order additional ADA improvements and ' project over runs Motion authorizing the City Manager or designee to execute Change Order No. 3 with Ti-Zack Concrete, Inc., of Le Center, Minnesota,in the amount of $277,159.23 for the Americans with Disabilities Act (ADA) Improvements Group 1 project for additional construction for ADA compliance and project over f runs on quantities. (BOND 2008) (Attachment# 7) 8. Appropriation for police equipment Second Reading Ordinance — Appropriating $100,000 from the unreserved fund balance in the No. 9010 Crime Control District Fund for "one-time" expenditures in the FY2011-2012 Operating Budget and changing the FY2011-2012 Operating Budget adopted by Ordinance No. 029155 by increasing appropriations by $100,000. (First Reading 1110112) (Attachment# 8) 9. Approval to abandon and vacate two utility easements for expansion of H.E.B. Grocery Store (4320 South Alameda a. Second Reading Ordinance - Abandoning and vacating a 342-square foot portion (0.007 acres) of a 10-foot wide utility easement out of Alameda Center, Unit 3, Lot 1 located south of Robert Drive and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. (First Reading 1110112) (Attachment # 9) b. Second Reading Ordinance - Abandoning and vacating a 469-square foot portion (0.010 acres) of a 10-foot wide utility easement out of Alameda Center, Unit 3, Lot 1, located south of Robert Drive and west of Delano Drive; requiring the owner HEB Grocery Company, LP, to comply with the _ specified conditions. (First Reading 1110/12) (Attachment # 9) Agenda Regular Council Meeting j January 17, 2012 I Page 5 10. Approval to abandon and vacate four utility easements far { expansion of H.E.B, Grocery Store (4320 South Alameda 1 a. Second Reading Ordinance - Abandoning and vacating a 658-square foot portion (0.015 acres) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive and west of Delano Drive; requiring the owner, HEB'Grocery Company, LP, to comply with the specified conditions. (First Reading 1/10112) (Attachment # 10) b. Second Reading Ordinance - Abandoning and vacating a 1 ,450-square foot portion (0.033 acres) of a 10-foot wide aerial electrical easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive and west of Delano Drive; requiring the owner HEB Grocery Company, LP, to comply with the specified conditions. (First Reading 1110112) (Attachment # 10) c. Second Reading Ordinance - Abandoning and vacating a 1 ,699-square foot portion (0.039 acres) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, located south of Robert Drive and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. (First Reading 1/10/12) (Attachment # 10) d. Second Reading Ordinance - Abandoning and vacating a 2,144-square foot portion (0.049 acres) of a 10-foot wide gas easement out of Alameda Estates, Block 2, Lots 7E and 7F, and an unplatted tract of land (known as "Lot I" in the Nueces..County Appraisal District Records), located south of Robert Drive and west of Delano Drive; requiring the owner, HEB Grocery .Company, LP, to comply with the specified conditions. (First Reading 1/10112) (Attachment# 10) 11. Approval to abandon and vacate a utility easement at 4331.S. Padre Island Drive Second Reading Ordinance - Abandoning and vacating a 3,397.68-square foot portion (0.078 acres) of an existing utility easement out of Block 2-A, Lot J, Byron Willis Subdivision; requiring owner, Vishal Hotel, LP to comply with the specified conditions. (First Reading 1/10112) (Attachment # 11) i f { Agenda Regular Council Meeting January 17, 2012 Page 6 12. Request for exemption of wastewater acreage fees for property located south of FM 2444 and Oso Creek Second Reading Ordinance - Exempting The Coves at Lago Vista, Unit 3, Block 2, Lots 21 and 22 from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2.G.1 of the Unified Development Code; and requiring the Developer/Owner to comply with the specified conditions. (First Reading 1110112) (Attachment # 12) I. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into i executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the' Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. in the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. • Executive session under Sections 551.071 and 551.072, Texas Government Code, for legal advice on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the. State Bar of Texas, which clearly conflicts with the Texas Open Meetings Act, and deliberations regarding the value or lease of real property, with possible discussion and action in open session. • Executive session under Section 551.072, Texas Government Code, for deliberations regarding the value or lease of real property, with possible discussion and action in open session. • Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from a business prospect that the City Council seeks to have locate, stay or expand within the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect. Agenda Regular Council Meeting January 17, 2012 Page 7 J. PUBLIC HEARINGS: . ZONING CASES: 13. Zoning change for property located at 2217 Flour Bluff Drive from residential to industrial Zoning. Case No. 071.1-02 Si ifredo Montema or: A change of zoning from the "RS-6" Single-family 6 District to the "IL" Light Industrial District. The property to be rezoned is Flour Heights, Block 1 , Lot 22, located along the east side of Flour Bluff Drive and approximately 320-feet north of the Purdue Road intersection. (Attachment# 13) i Planning Commission and Staffs Recommendation: Denial of the "IL" Light Industrial District, in lieu thereof, approval of the "CN-1" Neighborhood Commercial District with a Special Permit subject to eight (8) conditions. ORDINANCE Amending the Unified Development Code (UDC), upon application by Sigifredo Montemayor, by changing the UDC zoning map in reference to Flour Heights, Block 1, Lot 22, from the "RS-6" Single-Family 6 District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit and subject to eight (8) conditions, amending the Comprehensive Plan to account for. any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 14. Approval to issue Public Property Finance Contractual Obliciations for energy eff iciengK and conservation projects a. Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2012. (Attachment # 14) Agenda Regular Council Meeting January 17, 2012 Page 8 b. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas Public Property Finance Contractual Obligations, . Series 2012" in an amount not to exceed $8,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the contractual obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the contractual obligations; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase and Investment Letter; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the contractual obligations; and providing an effective date. (Attachment # 14) c. Ordinance appropriating $60,000 from the Unreserved Fund Balance in the No. 2010 Debt Service f=und for the Fiscal Year 2011-2012 debt payment related to the Public Property _ Finance Contractual Obligations; and changing the FY 2011- ` 2012 Operating Budget adopted by Ordinance No. 029155 to i increase appropriations by$60,000. (Attachment # 14) 15. Award of contract to manage a City energy efficiency program 1 he FY 2012 Ca Improvement Capital a. Ordinance amending t p Budget adopted by Ordinance N.o. 029135 adding Project #E11102 .Energy Efficiency Conservation Retrofit for Major City Facilities; increasing revenues and expenditures in the amount of$7,300,000.00. (Attachment # 15) b. Motion authorizing the City Manager, or designee, to execute a Fixed Price Energy Performance Contract (Design/Build) with McKinstry Essention, Inc. of Dallas, w. Texas, for Energy .Efficiency Conservation Retrofit for. Major City Facilities in an amount not to exceed $6,950,000.00 (Project No. El 1102). (Attachment # 15) Agenda Regular Council Meeting January 17, 2012 Page 9 L. FIRST READING ORDINANCES: 15. First Reading Ordinance — Amending Chapter 26, Code of Ordinances, City of Corpus Christi, Metal Recyclers, by revising several sections in said article to provide for expanded definitions; more offenses and penalties; providing for publication. (Attachment # 16) 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: 17. Approval of Professional Architectural Services Contract to construct a Public Safft Warehouse for Police De artment a. Ordinance appropriating $500,000 from the Unreserved Fund Balance in the No. 1020 General Fund for a new Public Safety Warehouse Building for the Police Department; authorizing the transfer of $500,000 from the No. 1020 General Fund to and appropriation in the No. 3350 Public Health and Safety Capital Improvement Project Fund; and changing the FY2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $500,000. (Attachment # 17) i b. Ordinance changing the FY2011-2012 Capital Budget adapted by Ordinance No. 029135 by increasing appropriations by $500,000 for a separate Public Safety Warehouse Building Project for the Police Department. (Attachment # 17) c. Motion authorizing the City Manager or designee to execute a Professional Services Contract with LaMarr Womack and _ Associates, L.P., of Corpus Christi, Texas, in the amount of $147,141 for the Public Safety Warehouse (Police) Project. (Attachment # 17) Agenda Regular Council Meeting January 17, 2012 Page 10 18. Approval of materials testing agreement for Airline Road Motion authorizing the City Manager or designee to execute a construction materials testing contract with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of $65,492 for Airline Road from Saratoga Boulevard to Rodd Field Road. (Bond 2008) (Attachment # 18) 19. Approval of remodel and upgrade of filter building at O.N. Stevens Water Treatment Plant a. Motion authorizing the City Manager or designee to execute a construction contract with Barcom Commercial Inc. of Corpus Christi, Texas in the amount of $3,172,000 for the 0. N. Stevens Water Treatment Plant Facility Alterations for the addition to and remodel of the existing Filter Building Facility. (Attachment # 19) y E b. Motion authorizing the City Manager or designee to execute a Project Management and Inspection Services Contract with AGCM, Inc. of Corpus Christi, Texas in the amount of $137,606 for the 0. N. Stevens Water Treatment Plant Facility Alterations. (Attachment # 19) i 20. Approval of construction contract for air transmission main and flood protection for Greenwood Wastewater Treatment Plant Motion authorizing the City Manager or designee to execute a construction contract with Associated Construction Partners LTD of Boerne, Texas in the amount of $452,900 for the Greenwood Wastewater Treatment Plant Improvements 2011 for Part A Air Transmission Main Re-Routing and Part B Electrical Control Room. (Attachment # 20) UPDATES TO CITY COUNCIL: 21. Redistricting Plan (Attachment # 21) 22. Regional Parkway Update (Attachment # 22) 23, Discussion Regarding Remaining Proceeds from Bond 2008, Including Manshlem and Helen Street Projects (Attachment # 23) Agenda Regular Council Meeting January 17, 2012 Page 11 N. 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 i PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. I 0. 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 Hail, 1201 Leopard Street, at 3• n( p.m., on January 12, 2012. v Armando Chapa City Secretary Agenda . Regular Council Meeting January 17, 2012 Page 12 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. a _j J { i J I y E i -� i i i i I � i 'MINUTES City of Corpus Christi, Texas Regular Council Meeting January 10, 2012 - 12:00 p.m. Present: Mayor Joe Adame Council Members: City Staff: Chris N. Adler City Manager Ronald L. Olson . Larry Efzondo, Sr. City Attorney Carlos Valdez Priscilla Leal City Secretary Armando Chapa David Loeb John Marez Nelda Martinez Mark Scott Mayor Joe Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor David Lewis and the Pledge of Allegiance to the United States Flag was led by Council Member Larry Elizondo. 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 theminutes of the Regular Council meeting of December 13, 2011. A motion was made and passed to approve the minutes as presented. BOARD APPOINTMENTS The council made the following reappointments and new appointments to the city's boards, commissions and committees: Retired and Senior Volunteer Program Advisory Committee Ruby Cantu Olga Gonzales Transportation Advisory Committee Jason Capeheart (Declined the appointment) Joseph M. Dudek CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda, Item No. 3.There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 3. ORDINANCE NO. 029340 Appropriating $15,628.25 from abandoned/unclaimed monies from the Police Property Room, changing the FY2011-2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $15,628.25 each. _1_ Minutes - Regular Council Meeting . January 10, 2012 Page 2 The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". EXECUTIVE SESSIONS Mayor Adame announced the executive sessions which were listed on the agenda as follows: business prospeet that the Gity Getineil seeks to have locate, stay or expand within the" possible offers of financial or otheO incentives to said business prospect.- * Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. * Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding Cause No. 8-11-6088CV-B styled City of Ingleside, Texas vs. City of Corpus Christi, Texas presently pending in the 156th District Court of San Patricio County. i The council went into executive session. The council returned from executive session. Mayor Adame announced that no action would be taken on the executive sessions. ZONING CASES Mayor Adame referred to Item No. 4, and a motion was made and passed to open the public hearing on the following zoning case: Zoning Case No. 1011-02 Mosta Nasi Investment Trust: A change of zoning from the `CN-1" Neighborhood Commercial District to the "RS-6" Single-family 6 District, resulting in a change of future land use from a commercial use to a low density residential use. The property to be rezoned is 7.297 acres out of the east half of Lot 1, Block 2, Nueces River Irrigation Park, located south of Northwest Boulevard (F.M. 624)and west of County Road 69. City Planner Miguel Saldana referred to a presentation including an aerial view of the subject property, the existing and future land use map; ownership map location of surrounding businesses; and a site plan. Mr. Saldana stated that the Planning Commission and Staff recommend approval of the "RS-6" Single-Family 6 District. Council Member Adler made a motion to close the public hearing, seconded by Council Member Marez and passed. There were no comments from audience. City Secretary Chapa polled the council for their votes as follows: _2_ I Minutes - Regular Council Meeting January 10, 2012 Page 3 4. ORDINANCE NO. 029341 Amending the Unified Development Code (UDC), upon application by owner, Mostaghasi Investment Trust, by changing the UDC zoning map in reference to 7.297 acres out of the east half of Lot 1, Block 2, Nueces River Irrigation Park, from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-family 6 District, amending the Comprehensive Pian to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared and the foregoing ordinance was passed and approved as follows: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 5, and a motion was made and passed to open the public hearing on the following zoning case: Zoning Case No 1011-03 Elbas Land Development, Ltd.: A change of zoning from the "RS-6"Single-family 6 District to the"RS-4.5" Single-family 4.5 District without a change of future lard use. The property to be rezoned is Assessors Map 138-A, Block 138-A, 8.51 acres of Lot 1 and Assessors Map 138-A, Block 138-A, 9.24 acres out of Lot 1, south of the intersection of Up River Road and Wood Creek Drive. City Planning Miguel Saldana referred to a presentation including an aerial view of the subject property, the existing future land use map; ownership map location of surrounding businesses; and a site plan. He stated that the 20% rule is in effect. Mr. Saldana stated that the Planning Commission and Staff recommend approval of the "RS-4.5" Single-family 4.5 District. Council Member Elizondo made a motion to close the public hearing,seconded by Council Member Marez and passed. There were no comments from the audience. City Secretary Chapa polled the council for their votes as follows: 5. ORDINANCE NO. 029342 Amending the Unified Development Code'(UDC), upon application by owner, Elbas Land Development, Ltd., by changing the UDC zoning map in reference to property legally described as Assessors Map 138-A, Block 138-A, 8.51 acres of Lot 1 and Assessors Map 138-A, Block 138-A, 9.24 acres of Lot 1,from the"RS-6"Single-family 6 District to the"RS- 4.5" Single-family 4.5 District,.amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared and the foregoing ordinance was passed and approved as follows: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No.6, Mr. Stephen Draper, Interim Director/Building Official explained that this item refers to amendments to Chapter 14 of the City Code of Ordinances and adopting the 2009 Code Series. A motion was made and passed to open the public hearing on the adoption of Technical Codes and proposed amendments. Council Member Marez made a motion to close the public hearing, seconded by Council Member Leal and passed. City Secretary Chapa polled the council for their votes as follows: —3— Minutes - Regular Council Meeting January 10, 2012 Page 4 6. ORDINANCE NO. 029343 Amending Chapter 14 of the Code of Ordinances, City of Corpus Christi, by repealing Article 11, City of Corpus Christi Technical Construction Codes and adopting new Article 11, City of Corpus Christi Technical Construction Codes; adopting the International Code Council (ECC), 2009 editions of the International Building Code, Existing Building Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for one and two family dwellings; adopting the National Fire Prevention Association (NEPA) National Electrical Code, 2008 edition, as the City's Electrical Code; providing for penalties; providing for publication; and providing for an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". REGULAR AGENDA Mayor Adame referred to Item No. 7. Mr. Armando Chapa, City Secretary explained that with the recent appointment of Kevin Kieschnick,to Nueces County Tax Assessor/Collector a vacancy exist for Council Member District 1. He referred to the process used in the past which included the submittal of an application, resume and report of financial information and explained the candidate requirements. Council Member Scott made a motion, second by Council Member Martinez and passed. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 7. MOTION NO. M2012-001 Motion that the City Council accept applications for the District 1 vacant city council position until 5:00 pm,January 19,2012, require that all applications be filed in the Office of the City Secretarywhich shall include:Application for Appointment to the City Council, Resume,and a City's Report of Financial Information and set a executive session for January 24, 2012 to consider applications. Mayor Adame referred to.ltem No. S. Mr. Michael Barrera, Assistant Director of Financial Services explained that this item is for the purchase of police sedans for the police department. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: S. MOT10N NO. M2012-002 Motion approving the purchase of thirty-one (31) police package sedans from Philpoft Motors, of Nederland, Texas, in the amount of $697,101.75. The award is based on the Cooperative Purchasing Agreementwith the Texas Local Government Cooperative. These units are replacements to the fleet and will be used by the Police Department and Crime Control. Funding is available in the FY2011-2012 Capital Outlay Budget of the Fleet Maintenance Fund and the Crime Control District Budget. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". —4— Minutes - Regular Council Meeting January 10, 2012 Page 5 Mayor Adame referred to Item No. 9. Mr. Lawrence Mikolajczyk, Director of Solid Waste Operations stated that this item is for approval of an interlocal agreement to allow residents of the City of Portland to dispose of the household hazardous waste. MayorAdame asked for comments from the audience. There were no comments from the audience. City Secretary Chapa polled the council for their votes as follows: 9. RESOLUTION NO. 029344 Resolution approving an Interfocal Cooperation Agreement with the City of Portland forthe disposal of household hazardous waste at the J.C. Elliott Transfer Station for an initial term of one year, with up to 19 additional one-year renewal periods; and authorizing execution of the agreement by the City Manager or designee. The foregoing resolution was passed and approved with the following vote: Adame,Adler, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 10. Mr. Pete Anaya, Director of Engineering stated that this item relates to La Voila Creek Drainage Channel Excavation. Mr. Anaya explained that the project includes improvements of the area to facilitate better area drainage. 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: i 10. MOTION NO. M2012-003 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, ' Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 11. Mr. Pete Anaya, Director of Engineering provided a presentation including the project scope, project schedule, and project budget. 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: 11. MOTION NO. M2012-004 i Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Naismith Engineering, Inc., of Corpus Christi, Texas, in the amount of $667,690 for Oso Creek Basin Drainage Relief. The foregoing motion was passed and approved with the fallowing vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 12. Mr. Pete Anaya, Director of Engineering stated that this item is for the award of a construction contract to Bay, Ltd. for the reconstruction of Staples Street, Phase 1 and Phase 2. He introduced the design team, Nick Cecava, Freese & Nichols; Chris Rock, Rock Engineering; and. Leah Olivarri, Olivarri & Associates. Mr. Anaya provided a presentation including the project scope, proposed pavement sections, project schedule and project costs. He stated the public involyggwnt efforts included contacts with selected Minutes - Regular Council Meeting January 10, 2012 Page 6 stakeholders, public meetings, quarterly mailouts, project website and media releases. Mr.Anaya stated that the project is proposed to be reconstructed utilizing concrete pavement. Mayor Adame asked for comments from the audience. Abel Alonzo and Darryl Haas, Haas Anderson spoke about the project. City Secretary Chapa polled the council for their votes as follows: 12.a. MOTION NO. M2012-005 Motion authorizing the City Manager or designee to execute a Construction contract with Bay, Ltd., of Corpus Christi, Texas in the amount of$15,081,495.80 for Staples Street Phase 1 and 2 from Saratoga to Williams for the Base Bid and Additive Alternates 1, 2, 3, 4, 5, 6 and 7. (BOND 2008) The foregoing motion was passed and approved with the following vote: Elizondo, Leal, Loeb, Marez and Martinez, voting "Aye"; Adame, Adler and Scott, voting "No". 12.b. MOTION NO.. M2012-006 Motion authorizing the City Manager or designee to execute a Professional Engineering Materials Inspection and Testing Contract with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of$177,441 for Staples Street Phase 1 and 2 from Saratoga to Wiliiams. (BOND 2008) The foregoing motion was passed and approved with the following vote: Elizondo, Leal, Loeb, Marez and Martinez, voting "Aye"; Adame, Adler and Scott, voting "No". 12.c. MOTION NO. M2012-006 Motion authorizing the City Manager or designee to execute a Construction Management/inspection Services Contract to R. H. Shackelford, Inc., of Corpus Christi, Texas in an amount not to exceed $296,865 for Staples Street Phase 1 and 2 from Saratoga to Williams. (BOND 2008) The foregoing motion was passed and approved with the following vote: Elizondo, Leal, Loeb, Marez and Martinez, voting "Aye"; Adame, Adler and Scott, voting "No". FIRST READING ORDINANCES: Mayor Adame referred to Item No. 13. Pat Eldridge, Polide Department stated this item is for a one time expenditure for the purchase of tasers, patrol rifles and go-bags, a downed operator kit needed for officers. Mayor Adame asked for comments from the audience. There were no comments from audience. City Secretary Chapa polled the council for their votes as follows: 13. FIRST READING ORDINANCE Appropriating $100,000 from the unreserved fund balance in the No. 9010 Crime Control District Fund for "one-time" expenditures in the FY2011-2012 Operating Budget and changing the FY2011-2012 Operating Budget adopted by Ordinance No. 029155 by increasing appropriations by $100,000. -6- Minutes - Regular Council Meeting January 10, 2012 Page 7 The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, voting "Aye"; Scott was absent. Mayor Adame referred to Item No. 14. Miguel Saldana, Senior Planner stated that Item 14 and 15 are related. He stated the items relate to abandoning and vacating six (6) easements to i accommodate the development of the HEB on Alameda Street. 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. FIRST READING ORDINANCE Abandoning and vacating a 342-square foot portion (0.007 acres) of a 10-foot wide utility easement out of Alameda Center, Unit 3, Lot 1, located south of Robert Drive and west of Delano Drive; requiring the owner, HEB Grocery Company,LP,to comply with the specified conditions. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, voting "Aye"; Scott was absent. 1 14.b. FIRST READING ORDINANCE Abandoning and vacating a 469-square foot portion (0.010 acres) of a 10-foot wide utility easement out of Alameda Center, Unit 3, Lot 1, located south of Robert Drive and west of Delano Drive; requiring the owner HEB Grocery Company, LP,to comply with the specified conditions. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, voting "Aye"; Scott was absent. ( 15.a. FIRST READING ORDINANCE r Abandoning and vacating a 658-square foot portion (0.015 acres) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive and west of Delano Drive; requiring the owner, HEB.Grocery Company, LP, to comply with the specified conditions. The foregoing ordinance was passed and approved on first reading with'the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, voting "Aye"; Scott was absent. 15.b. FIRST READING ORDINANCE Abandoning and vacating a 1.,450-square foot portion(0.033 acres)of a 10-foot wide aerial electrical easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive and west of Delano Drive; requiring the owner HEB Grocery Company, LP, to comply with the specified conditions. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, voting "Aye"; Scott was absent. —7! Minutes - Regular Council Meeting January 10, 2012 Page 8 15.c. FIRST READING ORDINANCE Abandoning and vacating a 1,699-square foot portion (0.039 acres) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, located south of Robert Drive and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. The foregoing.ordinance was passed and approved on first reading with the following vote: Adame; Adler, Elizondo, Leal, Loeb, Marez, Martinez, voting "Aye"; Scott was absent. 15.d. FIRST READING ORDINANCE Abandoning and vacating a 2,144-square foot portion (0.049 acres) of a 10-foot wide gas easement out of Alameda Estates, Block 2, Lots 7E and 7F, and an unpiatted tract of land (known as"Lot I"in the Nueces County Appraisal District Records), located south of Robert Drive and west of Delano Drive;requiring the owner, HEB Grocery Company, LP,to comply with the specified conditions. The foregoing ordinance was passed and approved on first reading with the following vote: Adame,Adler, Elizondo, Leal, Loeb, Marez, Martinez, voting "Aye"; Scott was absent. MayorAdame referred to Item No. 16. Mr. Miguel Saldana, Senior Planner stated the item relates to abandoning and vacating an easement for closure to allow for the future construction. Mr. Saldana stated that this was the old Furr's building and that the owner proposes to construct a hotel on the property. He added that the easement proposed for closure interferes with the proposed development, 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: 16. FIRST READING ORDINANCE Abandoning and vacating a 3,397.68-square foot portion (0.078 acres) of an existing utility easement out of Block 2-A, Lot J, Byron Willis Subdivision; requiring owner, Vishal Hotel, LP to comply with the specified conditions. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez, voting "Aye"; Scott was absent. MayorAdame referred to Item No. 17. Mr. Miguel Saldana, Senior Planner stated that the property is The Coves at Lago Vista and are located south of the Oso Creek. He added that this area does not have any wastewater services and that the applicant is requesting exemption from the acreage fees. Mr. Saldana stated that the Planning Commission and Staff recommend aproval of the exemption subject to a sanitary sewer agreement. MayorAdame asked for comments from the audience. There were no comments from.the audience. City Secretary Chapa polled the council for their votes as follows: 17. FIRST READING ORDINANCE Exempting The Coves at Lago Vista, Unit 3, Block 2, Lots 21 and 22 from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2.G.1 of the Unified Development Code; and requiring the Developer/Owner to comply with the specified conditions. -8- Minutes - Regular Council Meeting January 10, 2012 Page 9 The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler abstained. FUTURE AGENDA ITEMS t Mayor Adame referred to the Future Agenda Item section on the agenda. Items 18 - 25. Mayor Adame stated that these items are for informational purposes only and that no action or public comment will be taken at this time. Staff provided a presentation on Item Nos. 23, 24 and 25. 18. Motion approving a supply agreement with Doggett Machinery, of Corpus Christi, Texas, for the lease of three wheel loaders in accordance with Bid Invitation No. 13170049-12, based I on only hid, for an estimated twenty-seven month expenditure of $331,209, of which { $73,602 is budgeted for FY2011-2012. The term of the agreement shall be for nine months (February-October) for three consecutive years beginning in 2012. Funding is budgeted and available in the Parks and Recreation FY2011-2012 adopted budget. 19. Motion authorizing the purchase of specialized equipment fora total amount of$64,415.17 utilizing funds from the 2009 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. i 20.a. Motion authorizing the City Manager or designee to accept a sub-grant in the amount of $95,299 from the Department'of Homeland Security FEMA for funding.eligible under the 2010 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department. 20.b. Ordinance appropriating $95,299 in the No. 1061 Police Grants fund from the Department of Homeland Security FEMA for funding eligible under the 2010 Port Security Grant Program (PSGP)grant to purchase law enforcement equipment for the Police Department. 21. Motion authorizing the-City Manager or designee to execute Amendment No. 6 to the Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas, in the amount of$758,964 for a total restated fee of$2,877,767 for the Brawner Parkway Channel Improvements associated with the Staples Street Improvements as follows: (BOND 2008) Phase 1 from Brawner Parkway to Barracuda Place Phase 2 from Barracuda Place to Gollihar 22. Motion authorizing the City Manager or designee to execute Change Order No. 3 with Ti- Zack Concrete, Inc., of Le Center, Minnesota in the amount of $277,159.23 for the . Americans with Disabilities Act (ADA) Improvements Group 1 project for additional construction for ADA compliance and project over runs.on quantities. (BOND 2008) 23.a. Motion authorizing the appointment of M. E.Allison &Co., Inc. as Financial Advisor for the City of Corpus Christi,Texas Public Property Finance Contractual Obligations,Series 2012. 23.b. Ordinance by the City Council of the City of Corpus Christi,Texas authorizing the issuance of"City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2012"in an amount not to exceed$8,000,000, levying an annual ad valorem tax,within the limitations prescribed by law,for the payment of the contractual obligations; prescribing the -9- Minutes- Regular Council Meeting January10, 2012 Page 10 form, terms, conditions, and resolving other matters incident and related-to the issuance, sale, and delivery of the contractual obligations; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase and Investment Letter; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the contractual obligations; and providing an effective date. 23.c. Ordinance appropriating$60,000 from the Unreserved Fund Balance in the No. 2010 Debt Service Fund for the Fiscal Year 2011-2012 debt payment related to the Public Property Finance Contractual Obligations; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by-$60,000. 24.a. Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 adding Project #E11102 Energy Efficiency Conservation Retrofit for Major City Facilities; increasing revenues and expenditures in the amount of$7,300,000.00. 24.b. Motion authorizing the City Manager, or designee, to execute a Fixed Price Energy Performance Contract (Design/Build) with McKinstry Essention, Inc. of Dallas, Texas, for Energy Efficiency Conservation Retrofit for Major City Facilities in an amount not'to exceed $6,950,000.00 (Project No. Ell 102). 25. Zoning Case No. 0711-02 Si ifredo Montema or: A change of zoning from the "RS-6" Single-family 6 District to the"IL"Light Industrial District, resulting in a change of future land use.The property to be rezoned is Flour Heights, Block 1, Lot 22, located between Purdue Road and Division Road along the east side of Flour Bluff Drive. UPDATES TO CITY COUNCIL Mayor Adame referred to Item No. 26. Update on Amendments to Metal Recycling Ordinance. Police Captain Breedlove provided an update regarding metal recyclers ordinance and reported that this yearthe loss is estimated at$950,000; requirements underthe current ordinance. Capt. Breedlove stated that they have met with the affected companies and have made some adjustments to the proposed ordinance. He provided an overview of the proposed changes. PUBLIC COMMENT There were no comments from the audience. CITY MANAGER COMMENTS City Manager Oison reported that the budget process is underway and that he anticipates .,T' a challenging budget year; announced and introduced the new appointments of Fire Chief Robert Rocha and Constance Sanchez, Director of Finance; reported that Ms. Yasmine Chapman will begin her employment with the City of Corpus Christi as Director of Human Resources on January 30, 2012; informed the council that a selection firm has begun recruitment for a new Police Chief; he announced the following organizational changes: the Aviation department will report to Rudy Garza,Assistant City Manager, the Public Information Office will report to Troy Riggs, Assistant City Manager; Mr. Pete Anaya will function as Director of Master Planning; and Dan Biles will function as the Interim Director of Engineering. _1d_ Minutes - Regular Council Meeting January 10, 2012 Page 11 There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 3.45 pm on January 10, 2012. 1 E j i r f 1, I�' � 2 1 1 a. C.C. AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT - (Note: Section 8811.024 of the Texas Special District Local Laws Code requires the City Council to confirm the election of officers annually:) The board is recommending the confirmation of the following officers: Oscar Martinez as President, Margie Rose as Vice- President and Fred Segundo as Secretary. DUTIES: To develop and protect municipal aquifer storage areas created by the City of Corpus Christi. The district may implement and develop aquifer storage and recovery projects. COMPOSITION: Five (5) directors appointed by the City Council to serve staggered four- year terms. If a vacancy occurs on the board, the board may appoint a director to serve the remainder of the term. The board shall annually elect officers and officers must be confirmed by the City Council. The initial directors shall draw lots to determine which three (3) directors shall serve four-year terms that expire at the end of the calendar year four years after the effective date of the Act, and which two directors shall serve two-year terms that expire at the end of the calendar year two years after the effective date of the Act. ORIGINAL MEMBERS TERMS APPTD. DATES Gustavo Gonzalez 12-31-15 10-02-08 Rudy Garza 12-31-13 10-02-08 Oscar Martinez, President 12-31-15 12=13-05 Margie Rose, Vice-Pres. 12-31-13 12-11-07 J Fred Segundo, Secretary 12-31-13 12-11-07 —15— 1 3 a lIPDR ' ISSN AGENDA MEMORANDUM for the City Council Meeting of January 17, 2012 DATE: 1/17/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361)826-3169 Mikeb@cctexes.com Lease of three wheel loaders in accordance with Bid Invitation No. BI-0049-1z CAPTION: Motion approving a supply agreement with Doggett Machinery, Corpus Christi, Texas, for the lease of three wheel loaders in accordance with Bid Invitation No. BI-0049-12, based on only bid, for an estimated twenty- seven month expenditure of $331,209, of which $73,602 is budgeted for FY 2011-2012. The term of the i agreement shall be for nine months (February -- October) for three consecutive years beginning in 2012. Funding is budgeted and available in the Parks and Recreation FY2011-2012 adopted budget. BACKGROUND AND FINDINGS: The wheel loaders will be used by the Beach Operations Division of the Parks and Recreation Department to maintain the beach and beach roadways. The equipment will be used for nine (9) months out of the year and returned to the vendor for the three (3) months that the equipment is not being used. The City will not be charged for those three (3) months. i 11i ALTERNATIVES: _I The decision to lease the wheel loaders in lieu of purchasing the equipment was made due to the harsh conditions at the beach. The lease provides for a full maintenance agreement that will keep the units operational throughout the term of the.lease. The City will establish a new lease for replacement equipment at the end of the term in October 2014. The bid response received from Doggett Machinery meets all technical and qualification requirements, as specified in the bid invitation. OTHER CONSIDERATIONS: The bid submitted by Doggett Machinery was the only bid received in response to Bid Invitation No. B1-0049- 12, CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY I NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget $167,778.15 $257,607.00 $425,385.15 Encumbered I Expended Amount 94,176.15 0.00 94,176.15 This item 73,602.00 257,607.00 1 331,209.00 BALANCE $0 $0.00 $0 Fund(s): General Fund i i RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: BI-0049-12 Bid Tabulation Approvals: Veronica Ocanas, Assistant City Attorney II Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —20— CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION LEASE OF WHEEL LOADERS BUYER: MICHAEL BARRERA BID INVITATION NO. BI-0049-12 DATE: JANUARY 17,2012 Doggett Machinery Corpus Christi, Texas UNIT EXTENDED ITEM DESCRIPTION QTY UNIT PRICE PRICE Lease of three used wheal loaders in accordance with Specification No. 1080. 28,000 lb operating weight, 165 net horsepower. 1.1 Monthly Rate Unit#1 27 Month 4,089.00 1110,413,00 1.2 Monthly Rate Unit#2 27 Month 4,089.00 11.0,403.00 1.3 Monthly Rate Unit#3' 27 Month 4,089.00 110,403.00 Grand Total: $331,209.00 E 11 i I I 4 US AGENDA MEMORANDUM o � for the City Council Meeting of,January 17, 2012 v U ron V ?a DATE: 1/17/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Purchase of specialized equipment (Bid Invitation No. B1=0061-12) CAPTION: Motion authorizing the purchase of specialized equipment for a total amount of$64,415.17 utilizing funds from the 2009 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund i 1062. BACKGROUND AND FINDINGS: On November 10, 2009, City Council approved the acceptance of a Homeland Security Grant from the Texas Department of Public Safety, Division of Emergency Management, Office of the Governor, to carry out designated,homeland security activities as part of the 2009 Homeland Security Grant Program. The funds are i provided for projects to enable communities to better prepare for and respond to terrorist incidents. A need analysis has been conducted and specialized equipment has been identified. A bid has been secured for the specialized equipment totaling $64,415.17. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY I NON-EMERGENCY: Not applicable. -25- DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: Project to Date Expenditures Fiscal Year: 2011-2012 (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $221,683.80 $0.00 $221,683.80 Encumbered I -Expended Amount $0.00 100,489.58 $0.00 100,489.58 This item $0.00 64,415.171 $0.00 64,415.17 BALANCE $0.00 $561779.05 $0.00 $56,779.05 Fund(s): Fire Grant Fund 1062 Comments: The cost of the equipment is $64,415.17. The HSGP 09-12 SHSP- LEAP organization has $221,683.80 allocated in for the Homeland Security Grant Program. The grant deadline for projects to be completed and submitted to the State for reimbursement is April 15, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. i LIST OF SUPPORTING DOCUMENTS: Not applicable. Approvals: Veronica Ocanas, Assistant City Attorney II Constance P. Sanchez, Interim Director of Financial Services i Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager _26_ I i i i 1 I 5 O ro 18� AGENDA MEMORANDUM for the City Council Meeting of January 17, 2011 DATE: 12/20/2011 TO: Ronald L. Olson, City Manager FROM: Richard Badaracco .,&a_0_eZ InterimC hief of Police Richardbao_c_ctexas_com 886-2605 Accepting the Port Security Grant Program Sub-Grant and apnrogria#ing funds CAPTION: A. Motion authorizing the City Manager or his designee to accept a sub-grant in the amount of $95,299 from the Department of Homeland Security FEMA for funding eligible under the 2010 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department. B. Ordinance appropriating $95,299 in the No. 1061 Police Grants fund from the Department of Homeland Security FEMA for funding eligible under the 2010 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department, and declaring an emergency. BACKGROUND AND FINDINGS: The PSGP grant provides funding to local law enforcement in a coordinated effort to strengthen homeland security preparedness, including the security of the country's critical infrastructure. Due to the sensitive nature of this agenda item, City Council members were provided more detailed information in a separate memo under Attomey-Client Privileged Communications. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to accept the sub-grant and.appropriate the grant funds. EMERGENCY! NON-EMERGENCY: Emergency to meet grant deadlines. DEPARTMENTAL CLEARANCES: Finance—Grants management FINANCIAL IMPACT: Operating Expense -29- Project to Date Expenditures Fiscal Year: 2011-2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $95,299 $95,299 BALANCE $95,299 $95,299 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 d Eddie Houlihan, Assistant Director of Management and Budget D. Troy Riggs, Assistant City Manager f s i 1 i l i Ji I ' i —30— i W. J. Wagner, Inc. 15054 Tesoro Dr. Corpus Christi, TX 78418 Telephone(36I)442-6568 i Corpus Christi Police Department Pat Eldridge, Police Administration Manager PO Box 9016 Corpus Christi, TX 78469-9016 November 29, 2011 Dear Ms Eldridge, I have enclosed a Port Security Grant Program Sub-Grantee Award agreement between W.J.Wagner, Inc and the City of Corpus Christi for your review and approval. As the Fiduciary Agent for the 2010 Port Security Grant Program(P SGP) for the Corpus Christi port area I have certified to FEMA that as the grantee I will ensure that all sub-grantees will abide by the PSGP rules and regulations. The enclosed agreement describes the applicable rules and regulations as well as the procedures for seeking reimbursement for your approved expenses. If you find the terms of the agreement acceptable, please have the City Manager sign the agreement and certifications accepting the terms of the Sub-Grantee award, and return the original to me at the above address. If you do not wish to accept the agreement terms please let me know so that the funds can be reallocated to other projects. This is not authorization to begin to expend any PSGP funds. Once I have received the . signed agreement I will issue a Release of Funds letter authorizing you to begin expending funds. Sincerely, r J William . W ner III Fiduciary Agent -31- Ordinance appropriating $95,299 in the No. 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2010 Port Security Grant Program (PSGP) to purchase law enforcement equipment for the Police Department; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That$95,299 is appropriated in the No. 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2010 Port Security Grant Program (PSGP) to purchase law enforcement equipment for 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 January 2012, ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: December 21, 2011 T. risha Dang Assistant City Attorney For City Attorney —32— Corpus Christi, Texas day of , 2012 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 s Mayor . The above ordinance was passed by the following vote: Joe Adame j Chris N. Adler a Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal i John E. Marez Nelda Martinez Mark Scott David Loeb _337 I 6 1 { tA�B O 0! R i � AGENDA MEMORANDUM for the City Council Meeting of January 17, 2012 DATE: 1/10/2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean@cctexas.com (361) 826-3781 Approval of Amendment No. 6: Staples Street Improvements (Bond Issue 2008) Phase 1 from Brawner to Barracuda (Project No. 6468) Phase 2 from Barracuda to Gollihar(Project No. 6469) j AGENDA CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 6 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $758,964, for a total restated fee of $2,877,767, for the Brawner. Parkway Channel Improvements associated with the Staples Street Improvements as follows: (Bond Issue 2008) • Phase 1 from Brawner Parkway to Barracuda Place 6 Phase 2 from Barracuda Place to Gollihar BACKGROUND AND FINDINGS: The Bond 2008 Staples Street Phases 1 & 2 Reconstruction Projects, each have one major outfall system. The Phase 1 Project outfalls into the Brawner System, and the Phase 2 Project outfalls into the Carmel System. Each one of the outfall systems is significantly undersized and therefore, in need of major drainage improvements as soon as funds become available to the City. Of these two undersized systems, the Brawner System was selected to be improved first. There is one important factor that leads to this decision. A study performed by LNV, Inc. back in 2006, proved. how transferring some of the drainage from the Carmel System to the Brawner System could significantly save the City time and money. Those findings were then incorporated into the City's Master Storm Water Plan. The 2009 Draft Master Storm Water Plan currently includes a series of three transfers from the Carmel System to the Brawner System located at Greece Grove Drive, Kostoryz Road, and Carroll Lane. Completion of these transfers will negate the need to upsize the upper reach of the Carmel System, allowing the existing facility to adequately convey the increased storm water runoff. The Kostoryz Road transfer was included in the Bond 2008 Kostoryz Road Reconstruction Project, and just completed recently. That major transfer alone will significantly relieve some of the pressure off of the Carmel.System, but at the same time, increases the need for the Brawner System to be improved as soon as possible. The improvements to the Brawner System will allow us to see the full benefits to both systems immediately. The Brawner Parkway Channel is the major drainage system in south central region of the City. The proposed project will significantly upgrade the capacity of the existing drainage system from its current capacity equivalent to a 2-3 year frequency storm to a 25 year storm capacity. This project is associated with Bond Issue 2008 street projects, specifically Staples StreeOh^^;1 from Brawner Parkway to Barracuda and Phase KSENGINEERING OATAEXCHANGEIVELMARSTREET1646B STAPLES LNVVkMENOMENT NO.61AGENDA ITEM 1.130C.DOU 2 from Barracuda to Gollihar. The total length of this project is approximately 5,600 feet, with limits from Staples Street to the outfall into Corpus Christi Bay. The improvements include the excavation of a 5,390-foot long channel from Staples Street to Ocean Drive, along with the installation of three roadway structures at the Staples, Alameda, and Santa Fe street crossings. Each roadway structure will be treated as stand-alone project and will require the reconstruction and improvements to the roadway, utilities, and ADA features for a 150-foot length on either side of the crossing. The remaining 210-foot length of the project, from Ocean Drive to the outfall, will include the installation of an additional box culvert and new outfall structure adjacent to the existing structure. Amendment No. 6 consists of Basic Services including design phase services, bid phase services, and construction phase services. Additional Services include permit preparation, right-of-way acquisition, topographic survey, construction observation, warranty phase services, public involvement, sanitary sewer investigation,.subsurface utility exploration, franchise utility coordination, landscape design, and hike and bike design. CONFORMITY TO CITY POLICY: Consultant design conforms to statutes for professional services selection and is budgeted for in the FY 2011-2012 Capital Budget. EMERGENCY/ NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Project to Date Fiscal Year: 2011- 2012 Expenditures Current Year Future Years TOTALS CIP only) Line Item Budget $3,736,000 $1,591,100 $5,327,100 Encumbered / Expended Amount 3,736,000 3,736,000 This item 758,964 758,964 BALANCE $0 $832,136 $832 Fund(s): Storm Water CIP ,'136 Comments: The project design will require approximately fifteen (15) months, with anticipated construction contract bidding in January 2013. Funding for this contract will be required during Fiscal Years 2011-2014 through the completion of construction, approximately July 2014. RECOMMENDATION: City staff recommends that Amendment No. 6 be executed with LNV Engineering of Corpus Christi, Texas in the amount of $758,964 for Staples Street Phase 1 from Brawner to Barracuda and Phase 2 from Barracuda to Gollihar. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map -38- , K4ENGINEERING DATAEXCHANGEIVELMAPISTREE-86468 STAPLES LNMMENDMENT NO.6IAGENDA[TEM 1:DDC.DOCX Approvals: Veronica Qcanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget i Oscar R. Martinez, Assistant City Manager f I I I i --3g- KlENGINEERING DATAEXCHANGMVELMAPISTREE'RMB STAPLES LWAMENDMENT NO.MAGENDA ITEM 4.DDC.DDCX File \Mproject\councilexh\6468-6469.dwg 5 N O Amendment No, 6 . Browner Parkway Channel Improvements �O PHASE l 16468 Staples Street from Brawner to Barracuda N t as i c O��pv OPHASE 2 16469 Staples Street from Sarmoudo to Golllhar Q LOCATION MAP PROJECT#6468& 6469 NOT TO SCALE Staples Street CITY COUNCIL EXHIBIT Phase 1 from Browner to Barracuda CITY OF CORPUS CHRISTI, TEXAS Phase 2 from Barracuda to Golllhar DEPARTMENT OF ENGINEERING SERVlcES (BOND 2008) PAGE: i of 7 PROJECT BUDGET STAPLES STREET PHASE 1 FROM BRAWNER TO BARRACUDA(PROJECT NO. 6468) PHASE 2 FROM BARRACUDA TO GOLLIHAR (PROJECT NO. 6469) BOND ISSUE 2008 January 10, 2012 FUNDS AVAILABLE: Storm Water CIP............................................................................................... $7,099,884.00 FUNDS REQUIRED: Construction (Engineer's Opinion of Probable Cost)................................................ $5,284,100.00 Contingencies (10%)........................................................................................... 528,410.00 Consultant Fees: Consultant(LNV Engineering, Inc.) * .................................................................... 758,964.00 Materials Testing (Estimated) .............................................................................. 105,682.00 Reimbursements: Contract Administration (Contract PreparationlAward/Admin)..................................... 145,312.75 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)........................................ 184,943.50 Finance Issuance.............................................................................................. 66,051.25 p Misc. (Printing, Advertising, etc.).......................................................................... 26,420.50 TOTAL........................................................—..........................I...................... $7,099,884.00 I ESTIMATED PROJECT BUDGET BALANCE........................................................ $0.00 - Consultant Contract approved May 18, 2010 in the amount of$1,892,273(Motion No. M2010-118). *Construction Observation Services included in LNV Engineering's Consultant Contract. E Y i r 1 j Ova - - - AGENDA MEMORANDUM xs�2 for the City Council Meeting of January 17, 2012 DATE: 12/27/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com, (361) 826-3781 Approval of Change Order No. 3 with TI-Zack Concrete, Inc. for the ADA Improvements Group I (Bond 2008) i CAPTION: Motion to authorize City Manager to execute Change Order No. 3 with Ti-Zack Concrete, Inc. of Le Center, MN, in the amount of$277,159.23 for the ADA Improvements Group 1 (Bond 2008) project for additional construction for ADA compliance and project overruns on quantities. BACKGROUND AND FINDINGS: ADA Improvements Group 1 was awarded to Ti-Zack Concrete Inc. on January 11, 2011. The project consisted of Americans with Disabilities Act (ADA) Improvements to selected City street intersections. The intent was to provide for the construction of ADA compliant curb ramps and attached sidewalk facilities at intersections where street construction projects were not currently planned. 1 Attached sidewalk facilities will be improved only as needed to achieve ADA compliant transition from new ramp construction to existing sidewalk conditions and will be determined on an individual ramp location basis. . This project included ADA improvements on portions of thirteen (13) City streets. The project also included the design of 192 curb ramp improvements which were agreed to in the Release and Settlement Agreement for Civil Action No. 2:08-cv-247. This project consisted of improvements on the following streets: • 19th Street at Craig Street • Agnes Street at 45th'Street Airline Road at South Padre Island Drive • Alameda Street—Greenway Drive to St. John Church • Baldwin Boulevard — Riggan Street to South Staples Street • Gollihar Road —Caddo Street to Lum Avenue • Greely Drive at Fairfield Drive McArdle Road — Shopping Way to Whitaker Drive" • Morgan Avenue- Baldwin Boulevard to Ocean Drive _ . - N. Chaparral — Brewster Street to Hughes Street • Port Avenue—Agnes Street to Ayers Street a Texas Trail— Buccaneer Drive to Santa Fe Street • Williams Drive— Everhart Road to Airline Road —45 This change order is necessary due to the amount of bid item overruns an this project. The overruns were the result\of design changes in the field, inaccurate calculations of quantities on the plans, and unexpected utilities and other obstacles which are a normal part of construction. The design plans did not allow for the amount of header curb and sidewalk transitions that were encountered during construction. Change Orders 1 and 2 amounti.to 4.91% of the total contract changes. These changes were attributed to necessary curb ramp construction added to the project after the design was already under construction. These additional ramps are included the Paul Jones Area, Schatzel and Mesquite, Masterson and Whitebird, the King High School driveway area, and Peacock Drive. ALTERNATIVES: 1. Not to approve this change order. OTHER CONSIDERATIONS: This item is a final reconciliation change order that is necessary to facilitate closure of the project in a timely manner. The items in this change order have already been constructed and were necessary for quality construction. The contractor worked closely with City inspectors and the AF consultant on each ramp location to ensure that there were no unnecessary construction tasks being performed and that quantities were being kept to a minimum. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2011-12 Capital Budget. EMERGENCY I NON-EMERGENCY: NIA DEPARTMENTAL CLEARANCES: Streets FINANCIAL IMPACT: CIP Project to Date Expenditures Fiscal Year: 2011-2012 CIP only Current Year Future Years TOTALS Line Item Budget $1,990,000.00 $1,703,900.00 $1,703,900.00 $5,397,800.00 Encumbered Expended Amount $1,990,000.00 This item $277,159.23 BALANCE $1,426,740.77 $1,703,900.00 $3,130,640.77 Fund(s): Street 08 GO Bond (3546) Comments: This is a multi-year project. RECOMMENDATION: City staff recommends Change Order No. 3 with Ti-Zack Concrete, Inc. of Le Center, MN, in the amount of$277,159.53 be approved. LIST-OF SUPPORTING DOCUMENTS: Project Budget Location Map —46— { Approvals: Veronica Ocanas, 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 i i 1 i a . i —47— PROJECT BUDGET ADA IMPROVEMENTS, GROUP 1 (BOND 2008) Project No. E09050 December 6, 2011 FUNDS AVAILABLE: Bond 2008 (ADA Improvements) $3,407,800.00 Prior Year Settlement Proceeds $397,800.00 Previous Years` C I P $1,592,200.00 TOTAL. $5,397,800.00 FUNDS REQUIRED: Construction (Ti-Zack Concrete, Inc)* $1,448,396.50 TI-Zack Concrete, Change Order No. 1 $39,985.00 Ti-Zack Concrete, Change Order No. 2 $31,151.16 Ti-Zack Concrete, Change Order No. 3 $277,159.23 Contingencies (10%) $144,839.65 Consultant Fees: AIE Consultant (Goldston Engineering)** $326,715.00 Materials Testing (Raba Kistner) $28,453.15 Reimbursements: Contract Administration (Contract Preparation/Award/Admin). $39,830.90 Engineering Services (Project Mgt/Constr MgtITraffic Mgt) $50,693.88 Construction Inspection $50,693.88 Misc. (Printing, Advertising, etc.) 7,241.98 Finance Issuance 18,104.96 TOTAL $2,463,265.29 ESTIMATED PROJECT BUDGET BALANCE 2,934,534.71 *Approved by City Council January 11, 2011, Motion No. 2011-015 **Approved by City Council November 17, 2009, Motion No. 2009-324 -48- \Mproject\councilexhibits 1exhE9050.d wg N S RIVER PROJECT SITE S. . Chapporral from Brewster St. .9V'fUEM MAY to Hughes St. PROJECT SITE 19th near Memorial Hospital to Buford St, Ofz L a a LV 3 li PROJECT SITE Li Y Morgan from Ocean Drive to Baldwin HWY 44 AGNS a PROJECT SITE y o Baldwin from CrossTown Exp. L3CCIA to Staples St. CORPUS 4 W c3flusly B:qy ti PROJECT SITE Port Ave. from Agnes to PROJECTSITE , ��A Ayers Intersection of Agnes F 45th St. s PROJECTSITE Sg4,gTOcq ��I Oc Texan T}oilFrom a 8eccaneer nt Hq PROJECT SITE 3 I Alameda from Greenway to St. John Church I ivy ��, Ifs i 05 F.M. 43 PROJECT SITE q Greely Drive at PROJECTSITE 4� Fairfield Drive Williams Dr. from EverhartOM to Airline Rd. PROJECT SITE Y 7. Gollihor from Staples to j FM 2444 OWN Lurn Ave. PROJECT SITE cres f McArdle from Holmes Dr. PROJECT SITE Airline Rood at to Whitaker Dr. SAID I LOCATION MAP NOT TO SCALE PROJECT#E09050 CITY COUNCIL EXHIBIT ADA IMPROVEMENTS GROUP 7 PCITY T OF CORPUS OF RPUS CERISERVICES (BOND ISSUE 2008) PAGE: 1 of I _ —49-- :....� .. S i O , AGENDA MEMORANDUM for the City Council Meeting of January 17, 2012 DATE: 12/20/2011 TO: Ronald L. Olson, City Manager FROM: Richard Badaracco, Interim Chief of Police RichardbaO-cctexas.com 886-2603 Appropriating $100,000 from unreserved fund balance in Crime Control.District Fund, CAPTION: Ordinance appropriating $100,000 from the unreserved fund balance in No. 9010 Crime Control District Fund for"one-time" expenditures in the FY 2011/2012 operating budget, and changing the FY 2011/2012 operating budget adopted by Ordinance No. 029155 by increasing appropriations by$100,000. BACKGROUND AND FINDINGS: On November 9, 2011, the Crime Control Board approved $100,000 for the one time purchase of police equipment to include tasers, patrol rifles, and "Go-Bags", a downed operator kit with supplies needed to handle officers that become shooting victims, tourniquet, shears, gloves,.gauze, dressings, pressure cups, eye wound care, face shield, tape, and other first aid supplies. ALTERNATIVES: _ None y OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for appropriation of funds EMERGENCY 1 NONEMERGENCY: Item requires two readings. DEPARTMENTAL.CLEARANCES:IFINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP Project to-Date Fiscal Year: 2011-2012 Expenditures CIP Current Year Future Years TOTALS Budget Encumbered I Expended Amount This item $100,004 $100,000 BALANCE $100,000 $100,DOD Fund(s): Crime Control District —53— Comments: RECOMMENDATION: Staff recommends approval of the ordinance. 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 D. Troy Riggs, Assistant City Manager 1 i -54- Ordinance appropriating $100,000 from the unreserved fund balance in No. 9010 Crime Control District Fund for `one-time" expenditures in the FY 2011/2012 operating budget, and changing, the FY 201112012 operating budget adopted by Ordinance No. 029155 by increasing appropriations by$100,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $100,000 is appropriated from the unreserved fund balance in No. 9010 Crime Control District Fund for`one-time" expenditures in the FY 2011/2012 operating budget, and changing the FY 201112012 operating.budget adopted by Ordinance No. 029155 by increasing appropriations by$100,000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form: December 20, 2011 I 1 T. T isha Dang Assistant City Attorney For City Attorney -55- That the foregoing ordinance was read for the first time and passed to its second reading on this the tday of a in+- , 20123 by the following vote: Joe Adame Al,el- Priscilla G. Leal A Chris N. Adler Joan E. Marez David Loeb Nelda Martinez Larry Elizondo, Sr. Mark Scott That the foregoing ordinance was read for the second time and passed finally on this i the day of , 2012, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez David Loeb Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick APPROVED AND PASSED on this day of , 2012. ATTEST: - Armando Chapa, City Secretary Joe Adame, Mayor _fig_ i i i 9 4 AGENDA MEMORANDUM 1111P0� for the City Council Meeting of January [7, 2012 DATE: 12/15/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Interim Director of Development Services/Building Official . StephenD@cctexas.com (361) 826-3246 Ordinance to consider abandoning and vacating two utility easements, out of Alameda Center, Unit 3, Lot 1. CAPTION: A) Ordinance abandoning and vacating a 342-square foot portion (0.007 ac.) of a 10-foot wide utility easement, out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. B) Ordinance abandoning and vacating a 469-square foot portion (0.010 ac.) of a 10-foot wide utility ' easement, out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive; requiring the owner HEB Grocery Company, LP, to comply with the specified conditions, r 3 BACKGROUND AND FINDINGS: Bury + Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP. ("Owner"), are ' requesting the abandonment and vacation of two 10 foot wide utility easements, out of Alameda Center Unit 3, Lot 1, to accommodate the expansion and development of the existing grocery store and its associated parking facilities. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49-12 because Owner will be dedicating new utility easements of equal or greater value to off- set the proposed abandonment and vacation of the two utility easements. ALTERNATIVES: Denial of the proposed easement closures will adversely impact the owner's proposed expansion. OTHER CONSIDERATIONS: "Not applicable" K:\Legal\SHARED1LEGAL-DEV.5VCS12011 Agenda\Alameda Center,Unit 3(HEB)112-13-2011,Alameda Center,Unit 3(HEB),Abandon-Vacate UE,Agenda Memo Revised,by EM.docx _ _ Abandonment and Vacation: Alameda Center, Unit 3,Lot 1 Page 2 CONFORMITY TO CITY POLICY: These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 026816, EMERGENCY I NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES.- All public and franchised utilities were contacted. The City Water Department is requiring that owner maintain a minimum 15-foot wide utility easement for a proposed water main. None of the other city departments or franchised utility companies had any facilities or objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): Comments: NIA RECOMMENDATION: The owner will be dedicating a new.utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, therefore, staff recommends that the requirement of paying fair market value for the property be waived. Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the.land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of.Corpus Christi, Code of Ordinances Sec. 49- 13, as amended and approved on July 13, 2004, by Ordinance No. 025816. K;1Leo\SHAREDILEGAI DEV.SVCSL2011 AgendaWameda Center,Unit 3(HE11 B-2011,Alameda Center,Unit 3(HEB),Abandon-Vacate UE,Agenda Memo Revised,by EM.docx t]]U Abandonment and Vacation: Alameda Center, Unit 3, Lot 1 Page 2 LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance (0.007 ac) Ordinance (0.010 ac) Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager i f a i 1 K:ILega11SHARE©1LEGAL-DEV.5VCS12011 AgendaWameda Center,Unit 3(HEB)II2-13-2011,Alameda Center,Unit 3(HES),Abandon-Vacate UE,Agenda Memo Revised,by EM.doex —61 — Ordinance abandoning and vacating a 342-square foot portion (0.007 ac.) of a 10-foot wide utility easement, out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. Whereas, Bury + Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP (Owner) is requesting the abandonment and vacation of a 342 square foot portion (0.007 ac.) of a 10-foot wide utility easement, out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive, to accommodate the expansion and development of the existing grocery store and its associated parking facilities. Whereas, with proper notice to the public, a public hearing was held on Tuesday, January 17, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 342-square foot portion (0.007 ac.) of a 10-foot wide utility easement, out of Alameda Center Unit 3, Lot 1, subject to the provisions below; (Exhibit A- Site Map, Exhibits B & C - Metes and Bounds Description & Accompanying Map). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a 342-square foot portion (0.007 ac.) of a 10-foot wide utility easement out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive, as recorded in Volume 49, Page 157 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2 below: Section 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Since the Owner will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, the requirement of paying fair market value for the property is waived. 2) The City Water Department is requiring that owner maintain a minimum 15- foot wide utility easement for a proposed water main. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. _62_ Page 2of3 4) Upon approval by Council and issuance of.the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior.to the permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. t Signatures on following page. K:1LegalkSKARED1LEGAL-DEV.SVCS12011 AgendalAlameda Center, Unit 3(HEB)112-12-11 Ordinance Alameda Center,unit 3, Lt.1,342-sq ft portion(0.007),Abandon&Vacate,DWBFinal.des6 3— Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the_�_O tT•L day of-,-) cL,•. , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Eiizondo, Sr. Nelda Martinez Kevin Kiea^"niek Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez t Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form only: , 2011 eborah Walther Brow Assistant City Attorney ity Attorney Corpus Christi, Texas K:1LegaASHAREb1LEGAL-QEV.SVCS12011 AgendalAlameda C t r.Unit 3(HEB)112-12-11 Ordinance Alameda Center,Unit 3, Lt.1,342-sq ft portion(0.007),Abandon&Vacate, UWl3Finai.doa-4— -,.f Exhibit A CA Site Site Map Cp .•���� Pofflk Wk ° Ar. � rc..akt _ SITE parte . � witUC"Wr c� puxy+Far�n�ers HEB-CORPUS CHRISTI #G eHo�ttyEtttta antunoKa LOCATION MAF E�M=u-i .IN CORPUS CHRISTI, TE�CAS m�n�.b,,,t�z iou AUG 2011 I DRAWN 9Y;JAR SCALE;NTS N7RQ101$695t)Q17 i _65_ i Bury+Partners ENGI NEE RING SOLUTIONS 0.007 ACRES FN NO. 50001-356-3 (342 Sq. Ft. ) AUGUST 01, 2011 50001-356exT.DWG JOB NO. 50001-356. 93 FIELD NOTE DESCRIPTION PORTION OF 10' U.E. TO BE ABANDONED FOR A 0.007 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING A PORTION OF LOT 1, ALAMEDA CENTER UNIT 3, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 49, PAGE 157, MAP RECORDS OF NUECES COUNTY, TEXAS; SAID 0.007 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, WITH ALL BEARINGS BEING REFERENCED TO THE NORTHERLY LINE OF SAID LOT 1, ALAMEDA CENTER UNIT 3, BEING S 61° 58' 20" E: COMMENCING, AT A FOUND "X" MARKING THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE WITH THE SOUTHWESTERLY RIGHT OF WAY ZINE OF DELANO LANE AND FURTHER i MARKING THE MOST NORTHERLY CORNER OF LOT 7B OF SAID ALAMEDA ESTATES; j THENCE, S 61° 58 ' 20" E, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 167. 62 FEET, TO A FOUND 5/8 INCH IRON ROD MARKING THE MOST NORTHERLY CORNER OF LOT 7C OF SAID ALAMEDA ESTATES; THENCE, S 280 01' 40" W, ALONG THE COMMON BOUNDARY LINE BETWEEN LOT 7C, LOT 7A AND LOT 7B, ALL OF ALAMEDA ESTATES, A DISTANCE OF 145.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 1, MARKING THE MOST WESTERLY CORNER OF SAID LOT 7C; THENCE, S 610 58' 20" E, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 325. 82 FEET TO THE POINT OF BEGINNING, OF THE HEREIN DESCRIBED TRACT; THENCE, S 61` 58' 20" E, CONTINUING ALONG THE COMMON BOUNDARY LINE OF SAID LOT 1 AND LOT 3 OF SAID ALAMEDA ESTATES, AS RECORDED IN VOLUME 7, PAGE 41 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, A DISTANCE OF 34 . 38 FEET TO A POINT FOR THE MOST NORTHERLY--NORTHEASTERLY CORNER OF SAID LOT 1, ALAMEDA CENTER UNIT 3; Paye 1 of 3 Exhibit B —66— Metes & Bounds THENCE, S 29° 05' 55" W, ALONG THE COMMON BOUNDARY LINE OF SAID LOT 1 AND LOT E, ALAMEDA CENTER UNIT II, AS DESCRIBED IN VOLUME 49, PAGE 157 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, - A DISTANCE OF 10.00 FEET TO A ' POINT FOR THE SOUTHERLY CORNER OF HEREIN DESCRIBED 10' U.E. TO BE ABANDON EASEMENT; THENCE, INTO AND ACROSS SAID LOT 1, THE FOLLOWING COURSES: N 61' 58' 20" W, A DISTANCE OF 34 . 19 FEET TO A POINT; N 280 01' 40" E, A DISTANCE OF 10. 00 FEET TO THE POINT -OF BEGINNING, CONTAINING AN AREA OF 0.007 ACRES OF LAND, MORE OR LESS. HAL B. LANE III NE III REGISTERED PROFESSIONAL LAND SURVEYOR s .1ALB- H........4690...... .•. ... TEXAS REGISTRATION NUMBER 4690 BURY+PARTNERS, INC. � '•'� 922 ISOM ROAD, SUITE 100 �•5U� SAN ANTONIO, TEXAS 78216 210/525-9090 3 1 i 1 Page 2 of 3 -67- SHEET a OF 3 Q� 0 50 100 150 200 `� � 0 1"=1p0' LEGEND T 62 i 1/2' IRON ROD FOUND (UNLESS NOTED) 0 1/Y IRON ROD SET 40P Co,. 5' U.E. qtr VOL 2/PG. 52 Z 8 (O MT / � F � > �� 10' U.E. ABANDONED 1pT. pG4�Tfs BY CITY ORD. NO. 1 18084 OL�U.E. PG. 157 :` P B' PORTION OF 10' U.E. PoRT10N OF ,fl' u.E. TO BE ABANDONED��� �� .007 ACRES ABANDONED BY CITY q(q ORD. NO.026879 (342 SO. FT.) M ` Esq 0T 10' U.E. / 2 Cf VOL. 49, PG. 157 ¢9 / qZ pc �N/T gMf�q 40 i �0 LINE TABLE / LINE BEARING LENGTH / Exhibit C Li S61'58'20"E 34.38 Map of Metes and L2 S29'05'WW 10.x0' Bounds Description L3 N61'58'20"W 34.74' / L4 N2 `01'40"E 10.00' / aBury+Partners SKETCH TO ACCOMPANY DESCRIPTION OF HEB GROCERY OF A O.OD7 ACRE TRACT OF LAND SITUATED IN COMPANY LP. END 1 N E E E I N O SOLUTIONS THE CITY OF CORPUS CHRISTI, NUECES COUNTY, °a bm b.§&suite 1OU TEXAS. BEING A PORTION OF LOT 1, AL.AMEDA I"4ImK 71 MIA CENTER UNIT 3. A SUBDIVISION OF RECORD IN Td(216)ass-om In(218XZ-050 VOLUME 49, PAGE 157 OF TIIE MAP RECORDS OF CORPUS CHRISTI #6 p"d"x� ;err+t 2tb8 NUECES COUNTY. TEXAS DATE 08/01/11 DRAWN BY: MAV FILE 4d:\50OD1\356\5ODD1-356ex7.DW6 FN NO. 50001-356-3 PROJECT Na.-50001-3515 Ordinance abandoning and vacating a 469-square foot portion (0.010 ac.) of a 10-foot wide utility easement, out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive; requiring the owner HEB Grocery Company, LP, to comply with the specified conditions. Whereas, Bury + Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP (Owner) is requesting the abandonment and vacation of a 469-square foot portion (0.010 ac.) of a 10-foot wide utility easement out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive, to accommodate the expansion and development of the existing grocery store and its associated parking facilities. Whereas, with proper notice to the public, a public hearing was held on Tuesday, January 17, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 469-square foot portion (0.010 ac.) of a 10-foot wide utility easement out of Alameda Center Unit 3, Lot 1, subject to the provisions below; (Exhibit A - Site Map, Exhibits B & C - Metes and Bounds Description & Accompanying Map). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas, Section 1. That a 469-square foot portion (0.010 ac.) of a 10-foot wide utility easement out of Alameda Center.Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive, as recorded in Volume 49, Page 157 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below: Section 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the follow(ing: 1) Since the Owner will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, the requirement of paying fair market value for the property is waived. _- 2) The City Water Department is requiring that owner maintain a minimum 15-fot wide utility easement for a proposed water main. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. K:ILegaRSHAREDILEGAL-DEV.SVCS12411 AgendaWameds Cute. unit 3(HEB)112-12-11 Ordinance Alameda Center,unit 9,re, 469-sq ft portion,Abandon&Vacate,DWBFinal.doc 1]y Page 2 of 3 4) Upon approval by Counciland issuance of the ordinance, all grants of easement closure must be recorded at Owner's-expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. Signatures on following page. K:\Legal1SHARED\LEGAL-DEV.SVCS\2011 Agenda\Alameds Center,Unit 3(HEB)\12-12-1 t Ordinance Alameda Center,unit 3,re, 469-sq ft portion,Abandon&Vacate,DWBFinal.doc —70— Page 3 of 3 That the foregoing ordinajnce was reay for the first time and passed to its second reading on this the Q+"t— day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr, Nelda Martinez Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, 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 , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: / 2011 By: vr�— D orate Walther Brown ssistant City Attorney for City Attorney Corpus Christi, Texas K:ILegaHSHAREDILEGAL-DEV.SVCS12011 AgendaWameda Center,Unit 3(HEB)112-12-11 Ordinance Alameda Center,Unit 3, re, 469-sq R portion,Abandon&Vacate,DVlBFinal.doc —71 — Exhibit A S t Map Fs - qfr� a � Jr _ l ' . . N , r 4op ITE Kok Ai . fir aMersHEB-CORPUS CHRISTI #6 EHabrxEEtrlj� satusrarta LOCATION MAP t4is '�:l�ll CORPUS CHRISTI, TEXAS AUG 2019 DRAWN 6Y:JAR SCALE;NTS Na.R01p1859� -72- P Bury+Partners ENGINEERING SOLUTIONS 0. 010 ACRES FN NO.50001-356-4 (469 Sq. Ft. ) SEPTEMBER 15, 2011 50001-356ex9.DWG JOB NO. 50001-356. 93 FIELD NOTE DESCRIPTION PORTION OF 10' U.E. TO BE ABANDONED FOR A 0.010 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES. COUNTY, TEXAS AND BEING A PORTION OF LOT 1, ALAMEDA CENTER UNIT 3, ACCORDING TO 'THE MAP OR PLAT THEREOF RECORDED IN VOLUME 49, PAGE 157, MAP RECORDS OF NUECES COUNTY, TEXAS; SAID 0.010 ACRES BEING MORE PARTICULARLY DESCRIBED AS j FOLLOWS, WITH ALL BEARINGS. BEING REFERENCED TO THE NORTHERLY LINE OF SAID LOT 1, ALAMEDA CENTER UNIT 3, BEING S 61° 56' 20" E ComaNCING, AT A FOUND "X" MARKING THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE AND FURTHER { MARKING THE MOST NORTHERLY CORNER OF LOT 7B OF SAID ALAMEDA ESTATES; THENCE, S 610 58 ' 20" E, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 167. 62 FEET, TO A FOUND $/B INCH IRON ROD MARKING THE MOST NORTHERLY CORNER OF LOT 7C OF SAID ALAMEDA ESTATES; THENCE, S 26° 01' 40" W, ALONG THE COMMON BOUNDARY LINE BETWEEN LOT 7C, LOT 7A AND LOT 7B, ALL OF ALAMEDA ESTATES, A DISTANCE OF 145.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 1, MARKING THE MOST WESTERLY CORNER OF SAID LOT 7C; THENCE, S 61° '56' 2011 E, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 140.55 FEET TO THE POINT OF BEGINNING, OF THE HEREIN DESCRIBED TRACT; THENCE, S 610 58' 20" E, CONTINUING ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 46. 92 FEET TO A POINT FOR THE EASTERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, INTO AND ACROSS SAID LOT 1, THE FOLLOWING COURSES: i Page 1 of 3 Exhibit B _73_- Metes and Bounds Description S 2B° 03' 40" .W, A DISTANCE OF 10 00 FEET TO A POINT; N 610 58' 20" W, A DISTANCE OF 46. 92 FEET TO A POINT; N 28° 01' 40" E, A DISTANCE OF 10. 00 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 0. 010 ACRES OF LAND, SORE OR LESS. tiOFr HAL J3. LP.NE III HAL S.LANE III •. ..,�, 4690 REGISTERED PROFESSIONAL LAND SURVEYORp;•.�. TEXAS REGISTRATION NUMBER 4690 sstiQ�:• SURY+PARTNERS, INC. 922 ISOM ROAD, SUITE 100 SAN ANTONIO, TEXAS 78216 210/525-9090 i Page 2 of 3 -74- SHEEP 9 OF 9 .' Q� 0 50 100 150 200 Q 1"=100' ,��N1 LE{�END f 1/2' IRON ROD FOUND (UNLESS NOTED) Q 1/2' IRON ROD SET A C ��T ( 5•• U,E, . ? VOL 2 PG. 52 (f 4 IV U.E. t / F VOL, 49, PG. 157 '� / �0(.�q e.4- 1 10' U.E. ABA14DONEa BY CITY ORD. NO. T� 18084 ` C pr pG! 17 POR'nON OF 10' U.E. � 3 TO BE ABANDONED `. 0.010 ACMES (46g SO. FT.) PORTION OF 10' U.E. ABANDONED BY CITY { ORD. NO.026979 r � ' �0(,q C QT 7 10' U.E. .19 O 4g I VOL 49, PG., 157 ` � � 7 � r r r LINE TABLE - � Exhibit C LINE BEARING LENGTIJ Ma of Metes and L5 N28*01'4a"E , , p LB 561$8'20"E 46.92 Bounds Description L7 s2a'O1'4O`W 10-1m, r L8 WW'20'W 46.92' / SKETCH TO ACCOMPANY DESCRIPTION Off' 1)Bury+PaMers " HEB GROCERY INGINERRING SOLUTIONS OF A O,pD7 ACRE TRACT CIT OFC ACRE TRACT, COMPANY L.P. m>,nm Ro+d,Sbifc goo LANA SITUATED IN THE CITE' OF CORPUS CHRISTI, =1cmnla.4 iia NUECES COUNTY, TEXAS, BEING A PORTION OF LOT 1. 50 IaIod-Uen vu lxtu -osm ALAWDA CENTER UNIT 3. A SUBDIVISION OF RECORD TCLEw8+110)a�sL l=(210gf53,}x1ot, IN VOLUME 49, PAGE 157 OF 114E MAP RECORDS OF CORPUS CHRISTI #6 NUECES COUNTY. TEXAS DATE:09/15/11 ORAIMII E3Y AIAY I FILE: H-\500DI\356\50001-356sx9.DWG FN NO. SDDDI--356— 4 PROECT NO.-5ODD1^.555 —75 i i it I 10 �vs 0 AGENDA MEMORANDUM xss� for the City Council Meeting of January 17, 2012 DATE: 12/15/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Interim Director of Development Services/Building Official StephenD@cctexas.com (361) 826-3246 Ordinance to consider abandoning and vacating four easements out of Alameda Estates, Block 2 CAPTION: A) Ordinance abandoning and vacating a 658-square foot portion (0.015 ac.) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive; requiring the owner HEB Grocery Company, LP, to comply with the specified conditions. B) Ordinance abandoning and vacating a 1,450-square foot portion (0.033 ac.) of a 10-foot wide aerial electrical easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. C Ordinance abandoning and vacating a 1,699-square foot portion (0.039 ac.) of a 5-foot wide utility i ) 9 9 I easement out of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, located south of Robert Drive, and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. D) Ordinance abandoning and vacating a 2,144-square foot portion (0.049 ac.) of a 10-foot wide gas easement out of Alameda Estates, Block 2, Lots 7E and 7F, and an unplatted tract of land (known as "Lot I" in 1 the Nueces County Appraisal District Records), located south of Robert Drive, and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. I BACKGROUND AND FINDINGS: Bury + Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP. ("Owner"), are requesting the abandonment and vacation of four easements, a 10-foot wide aerial electrical easement, 10-foot wide gas easement, and two 5-foot wide utility easements, all out of Alameda Estates, Block 2, to accommodate the expansion and development of the existing grocery store and its associated parking facilities. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49-12 because Owner will be dedicating new utility easements of equal or greater value to off- set the proposed abandonment and vacation of the four easements. i . j K:1LegaIISHAREDILEGAL-❑EV.SVCS12011 AgendaWlamede Estates,Black 2112-iL9M-&Lg1meda Estates,Block 2,(HEB),Agenda Memo Revised,by EM,dacx I I I Abandonment and Vacation. Alameda Estates, Block 2 Page 2 ALTERNATIVES: Denial of the proposed easement closures will adversely impact the owner's proposed expansion. OTHER CONSIDERATIONS: . "Not applicable" CONFORMITY TO CITY POLICY: These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY 1 NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. The City Water Department is requiring that owner maintain a minimum 15-foot wide utility easement for a proposed water main. None of the other city departments or franchised utility companies had any facilities or objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2011-2012 CIP on! Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Funds); Comments: NIA K:1LegaASHAREDILEGAL-DEV.SVCS\2D11 AgendalAlameda Estates,Block 2112-13j 8 - leda Estates,Mock 2,(HEB),Agenda Memo Revised,by EM.docx Abandonment and Vacation: Alameda Estates, Block 2 Page 3 RECOMMENDATION: The owner will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, therefore, staff recommends that the requirement of paying fair market value for the property be waived. Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. LIST OF SUPPORTING DOCUMENTS: Location Map x Ordinance (0.015 ac), Ordinance (0.033 ac), Ordinance (0.039 ac), and Ordinance (0.049 ac) Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager F 1� i i I K:1Lega115HAREDILEGAL-DEV.SVCS12011 AgendaAlameda Estates,Block 2112-1,-81 — ineda Estates,Block 2,(HEB),Agenda Memo Revised,by EM.docx Ordinance abandoning and vacating a 658-square foot portion (0.015 ac.) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive; requiring the owner HEB Grocery Company, LP, to comply with the specified conditions. Whereas, Bury + Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP (Owner) is requesting the abandonment and vacation of a 658-square foot portion (0.015 ac.) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive, to accommodate the expansion and development of the existing grocery store and its associated parking facilities. Whereas, with proper notice to the public, a public hearing was held on Tuesday, January 17, 2012, 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 I Whereas, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 658-square foot portion (0.015 ac.) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lot 3, subject to the provisions below; (Exhibit A - Site Map, Exhibits B & C - Metes and Bounds Description & Accompanying Map). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a 658-square foot portion (0.015 ac.) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive, as recorded in Volume 7, Page 41 of the Map Records of Nueces County, Texas, and more particularly described as recorded in Volume 49, page 157 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2 below: Section 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Since the Owner will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, the requirement of paying fair market value for the property is waived. 2) The City Water Department is requiring that owner maintain a minimum 15- foot wide utility easement for a proposed water main. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. —82— Page 2 of 3 4) Upon approval by Council and issuance n of :the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2064, by Ordinance No. 025816. 1 I J J a Signatures on following page. K:1Lega]XSHAREDILEGAL-DEV.SVC512011 Agenda\Alameda Estates,Block 2112-13-11 Ordinance(A)Alameda Center,Block 2, Lot 3, re,658-sq ft portion,Abandon&Vacate,DWB FINAL.doc—g 3— Page 3 of 3 ,. _ That the foregoingordinance was read for the first time and passed to its second reading on this the lday of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler e-- John E. Marez Larry R. Elizondo, Sr. e-- Nelda Martinez �Eeyin K' n Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, 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 , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form only By: - D orate Walther Brown ssistant City Attorney /ty Attorney Corpus Christi, Texas K:ILegalISHAREDILEGAL-DEV.SVCS12011 Agenda%lameda Ella.Qbck 2112-13-t 1 Ordinance(A)Alameda Center,Block 2, Lot 3,re,658-sq$portion,AbandonWacate,DWB F1NAL.doc ' y 1ti dal.. .. Exhibit A Site Map G4 >> C Z. r� 41 ►� ,n' C� �ri�okd�� . S * D Park ?0lip SITE t4 h' ! j _ ,�� qj tic -2p, Windoar or Pr IDBury+Partners HEB-CORPUS CHRISTI #G pHoiH¢se�tea aaturraNa mbw .slas m LOCATION MAP ra t�+• �c�ro -x CORPUS CHRISTI, TEXAS l3n�fFrr�-�L�DCLppir3L;pll 1 AUCs 2011 DRAWN BY;JAR SCALE;NTS WADI 0186850017 —8G— Bury+Partners ENGIN E E RING SOLUTIONS 0. 015 ACRES FN NO. 50001-514--1 (658 Sq. Ft. ) AUGUST 01, 2011 50001-514EXH2.dwg JOB NO. 50001-514. 92 FIELD NOTES FOR A 0. 015 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING A PORTION OF LOT 3, BLOCK 2, ALAMEDA ESTATE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 41, MAP RECORDS OF NUECES COUNTY, TEXAS; SAID 0. 015 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, WITH ALL BEARINGS BEING REFERENCED TO THE NORTHERLY LINE OF LOT 1, ALAMEDA CENTER UNIT 3, AS RECORDED IN VOLUME 49, PAGE 157 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, BEING S 610 58` 20" E: COMMENCING, AT A FOUND "X" MARKING THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE AND FURTHER MARKING THE MOST NORTHERLY CORNER OF LOT 7B, ALAMEDA ESTATES, AS DESCRIBED IN VOLUME 23, PAGE 52, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; THENCE, S 610 58 ' 20" E, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 167. 62 FEET, TO A FOUND 5/8 INCH IRON ROD MARKING THE MOST NORTHERLY CORNER OF LOT 7C, ALAMEDA ESTATES, AS DESCRIBED IN VOLUME 23, PAGE 52, OF THE MAP RECORDS OF NUECES COUNTY, TEXA; THENCE, S 610 58 ' 20" E, CONTINUING ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE . OF 467.48 FEET, TO A 4 INCH IRON ROD SET WITH BPI CAP FOR THE EASTERLY CORNER OF SAID LOT 3; THENCE, S 280 01 ' 40" W, LEAVING THE SOUTHWESTERLY RIGHT OF WAY DINE OF DELANO LANE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 3, A DISTANCE OF 140. 00 FEET, TO THE POINT OF BEGINNING; THENCE, S 28' 01 ' 40" W, ALONG THE SOUTHEASTERLY LINE OF SAID LOT ' 3, 8T,OCK 2, A DISTANCE OF 5.00 FEET, TO A SET '-f INCH IRON ROD WITH BPI ON THE NORTHERLY LINE OF LOT E, ALAMEDA CENTER UNIT II AS DESCRIBED IN VOLUME 33, PAGE 85, OF THE MAP RECORDS OF NUECES COUNTY, TEXA, FOR THE SOUTHERLY CORNER OF SAID LOT 3, BLOCK 2; Exhibit B Metes and BoundsScription Page 2 of 3 THENCE, N 61 5B ' 20" F4T, ALONS _IjE SOUTHWESTERLY L-21 vE C'_ S Ai LOT 3, BLOCK 2, SAME BEING THE NORTHEASTERLY INE: Or SAID L.",^_ A DISTANCE OF 107 . 28 FEET, TO A SET 14 INCH IRON ROD WITH BSI CAP, FOP, THE MOST NORTH-NORTREASTERLY CORNER OF SAID LT�T i r ALAINIZEDA CENTER UNIT 3; THEN.CE, N 610 5B ' 20" int, ALONG THE SOUTHWESTERLY LINE Olt SAIL) LOT 3, SAFE BEING THE _'vORTHE?LL'_r LINE OF SAID LOT 1, CENTER UNIT 3, A DISTANCE OF 24 . 38 FEET, TO A SET s INCH !ROA] ROD WITH BPI CAP, MARKING THE MOST WESTERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, N 280 01 ' 40" E, CROSSING SAID LOT 3, BLOCK 2, j3 DISTANCE OF 5. 00 FEET, TO A POINT FOR THE NORTHERLY CORI1ER- OF HEREIhT DESCRIBED TRACT; THENCE, S 61° 58 ' ZO" E, CROSS114G SAID LOT 3, BLOCK 2, A DISTANCE OF 131. 66 FEET TO THE POINT OF BEGINNING AND CONTAINING D . 015 ACRES ?658 SOFT. ) OF LAND, MORE OR LESS. I, HAI B. LANE III, A REGISTEPED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBER HEREIN WAS DETERMINED FROM A SURVEY MADE ON TI-]E GROUND UNDER MY DIRECTION AND SUPERVISION. E OF ,� ..s... ..:... .. .., HAI, B. LANA III, R.P. L.5 � DATE HAL 8.LANE I{l, � TEXAS REGISTRATION NUMBER 4690 ,■�,.••. ••,:.....,.,. BURY & PARTNERS ,+ 4690 ENGINEERS Q- & SURVEYORS •S�.�� 922 ISOM ROAD, SUITE 0100 SAN ANTONIO, TEXAS 78216 -87- i 1 SHM7 3 OF 3 FOUND "X" t ON CONCRETE P.O.C. . -� s7' ol FOUND 76y 2OE 5/9-IRON ROD A. 76 EDA ESTA t;S �$ VOL23. PG.52 ^G 1�QC3 0 20 40 60 so "I 40' OZZ4 Avo 00- '04 �} 42°0--46 A41, N r S o - � s�'i �� ��S�� ro •°` nor Jcl wS �; . . car vvw� 70>. ra" LOT E ALAMEDA CENTER UNIT II S VOL.33, PG-85 Exhibit C �r Q„ LEGEND Map of Metes and W —tion 'o� s/' IR N j ROD F T Bounds Description oo• � +/ �Taorl ROD 9E'I' 140N PIPE FOUND �•. "X" "X' FOUND. SKETCH TO ACCOMPANY DESCRIPTION OF B y+P �,�. HEB GROCERYe w e I N�e e l H� s a t u r l o H s FOR A 0.415 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS COMPANY LP. an LRdm PaeIL Wk Inn AND BEII,lG A PORTION OF LOT 3, BLOCK 2. ALAMEDA Sm eaLmisv,g 73214 ESTATE, ACCORDING TO THE MAP OR PLAT THEREOF TEL(xln}afi-m Pu(gla s-A=9 0ECORDED IN VOLUME 7, PAGE 41, MAP RECORDS OF CORPUS CF;Fsl577 6nrrtAertasr.-S�mzS}Ce�ri�Ll 2i'WM NUECES COUNTY, TEXAS. - L'Aic:05/01/11 DRAM 6Y MAV FILE H:\50001\51?\SDODi-51dEXH2.dW FLI NO. 50001-514-1 PROJECT Nc.-90001-514.92 _88- Ordinance abandoning and vacating a 1,450-square foot portion (0.033 ac.) of a 10-foot wide aerial electrical easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. Whereas, Bury + Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP (Owner) is requesting the abandonment and vacation of a 1,450-square foot portion (0.033 ac.) of a 10-foot wide aerial electrical easement, out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive, to accommodate the expansion and development of the existing grocery store and its associated parking facilities. Whereas, with proper notice to the public, a public hearing was held on Tuesday, January 17, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 1,450-square foot portion (0.033 ac.) -of a 10- foot wide aerial electrical easement, out of Alameda Estates, Block 2, Lot 3, subject to the provisions below; (Exhibit A - Site Map, Exhibits B & C - Metes and Bounds Description &Accompanying Map). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a 1,450-square foot portion (0.033 ac.) of a 10-foot wide aerial electrical easement out, of Alameda Estates, Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive, as recorded in Volume 7, Page 41 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2 below: Section 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Since the Owner will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, the requirement of paying fair market value for the property is waived. 2) The City Water Department is requiring that owner maintain a. minimum 15- foot wide utility easement for a proposed water main. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. i I —89— I Page 2 of 3 4) Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. I . i Signatures on following page. K:ILegalkSHAREDILEGAL-DEV.5VCS12011 Agenda\Alameda EStf0-R',)ck 2112-13-11 Ordinance(B)Alameda Center,Black 2, Lot 3,re, 1,450-sq ft portion,Ahandon&Vacate,DWB F1NAL.doc Page 3 of 3 That the foregoing ordinance was rea for the first time and passed to its second reading on this the.1day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Mark Scott » Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez ! Kevin Kieschnick Mark Scott 3 i Priscilla Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form only: . 2011 By: reborah rte-VIlalther Brow t City Attorne f ity Attorney Corpus Christi, Texas K:ILegaRSHARED\LEGAL-DEV.SVGSU011 Agenda\Alameda Est -11 Pl.k 2112-13-11 Ordinance(B)Alameda center,Block 2, Lot 3,re, 1,450-sq ft portion,AbandonB�Vacate,DWB FINAL.dor 1 - Exhibit A �a1 Site Map G { C, _ i l} -dgs do Neer 00 4I �fi c Vo S M 1 .'`a Or -li p 130, . ' 83 � o Bury+ParWeTS HEB-CORPUS CHRISTI #B §ko1N�REetN� sor.urt6Hs PsZ team=eaa:�1q0 seaa:�eiu LOCATION MAP 74..n�� -=oun n sf.0bu M {CORPUS CHRISTI, TEXAS tL pir eco�y�salt AUG 2011 r DRSCALE;NTS Na.RU101aG95C0t rr —92— Bury+Partners EN' GINEERI NG SOLUTIONS 0.033 ACRES FN NO. 50001-356--4R (1, 450Sq. Ft. ) SEPTEMBER 06, 2006 50001-356ex4 .DWG JOB N0, 50001--356. 93 FIELD NOTE DESCRIPTION 10' OVERHEAD ELECTRIC EASEMENT TO BE ABANDONED FOR A 0. 033 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING A PORTION OF AN UNPLATTED 65.821 X 145' TRACT (KNOWN AS "LOT I- ' IN THE NUECES COUNTY APPRAISAL DISTRICT RECORDS) AND REFERRED TO HEREIN AS "LOT I" WITHIN AND FURTHER BEING A PORTION OF LOT 3, BLOCK 2, ALAMEDA ESTATES, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 41, MAP RECORDS OF NUECES COUNTY, TEXAS; SAID 0.033 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING, AT A FOUND "X" MARKING THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE AND FURTHER MARKING THE MOST NORTHERLY CORNER OF LOT 7B, ALAMEDA ESTATES, AS i. RECORDED IN VOLUME 23, PAGE 52, MAP RECORDS OF .NUECES COUNTY, TEXAS; THENCE, S 610 5B ' 20" £, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 167.62 FEET, TO A FOUND 5/B INCH IRON ROD MARKING THE MOST NORTHERLY CORNER OF LOT 7C OF SAID ALAMEDA ESTATES; THENCE, S 61° 58 ' 20" E, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 325.82 FEET, TO THE POINT OF 1 BEGINNING, MARKING THE MOST NORTHERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, S 61° 581 20" E, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 10.00 FEET, TO, A POINT, MARKING THE MOST EASTERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, S 280 01 ' 40" W, LEAVING THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, ALONG THE SOUTHEASTERLY LINE OF SAID "LOT I", A DISTANCE OF 145. 00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF LOT 1, ALAMEDA CENTER, UNIT 3, ACCORDING TO THE MAP OR Page 1 of 3 Exhibit 8 -93- Metes and Bounds Description i PLAT THEREOF RECORDED IN VOLUISE. 49, PAGE 157, MAP RECORI IlS C,F NUECES COUNTY, TEXAS, IMARKING THE. MOST SOUTBERL'i CORDER Oma' SAID LOT 3; THENCE, N 61" 58' 20" W, ALONG THE NORTHEASTERLY LINE On S .ID LOT 1, A DISTANCE OF 10. 00 FEET TO A POINT FOR THE WESTIEF CORNER OF HEREIN DESCRIBED TRACT; THENCE, N 28° 01' 40" E, CROSSING SAID "LO i` T", A DISTAI Cr. Or 145 . 00 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREZ4 of 0. 033 ACRES OF LAND, MORE OR LESS OF a.A a.........1..B.■ HAL B. LANE IIIHAL B. LANE III .r....s�•r.■s*a•.rysra REGISTERED PROFESSIONAL l.AJgD SURVEYOR :,q, 460D �. TEXAS REGISTRATION DUMBER 4690 /j!r.� $3;�`:°`O BURY+PARTNERS, INC. f� 922 ISOM ROAM, SUITE 100 SAN ANTONIO, TEXAS 78216 210/525--9090 c� a .._ -94- SHEET 3 OF 3 wm 0 50 100 150 200 1"=100' LEWNID ((, �6T, �� 6 1/2' IROA ROD FOUND (Ut�1IESS N=10) X82 0 1/2- IRON Rol) SET OF 1�%'6 ,� CL i t 5' U.E. / &� /r VOL. 2;, PG. 52 1p � 0�j� 70 06 10' U.E. ABANOONED BY CITY GRI']. NO. � �� `` A lr�- •Q h' i 1$084 10' OVERHEAD . . ELECTRIC EASEMENT TO BE ABANDONED L � � - Q.033 ACRES �r44 lar (1,45Q 5Q.Cet 7, �0' u.E. TT s8, .. r j 49 VOL 44. PG. 157 / 0Iw �0 . � v A . �• Exhibit C LINE TABLE {�`� Map of Motes and / _UNE BEARING LENGTH Bounds Description f L1 S61'58'20"E 153.54' / 1-2 S28'01'40'W 10.00' L3 N61'58'20'W 1.53-54 r L4 N28.01'40"E 10.00: BuriSKETCH TO ACCOMPANY DESCRIPTION OF Parkers HES GROCERY E 1a G I H E E!I N G a 4 L t1 T 1 n N 5 FDR A 0.12M ACHE TRACT OF LARD LOCk`st) IN THE CITY 6F coaPUs fJ,Pd ,yl. I ` IJLIECES CaUWM TDCAS AND RkMr.A PUnii00 DF AN EIIaPUTIM ES.EX x 145' COMPANY LP 0P3 6.�.d,wt.IDD TRACT ocka tH AS-WT 1'IN THE NIAEI`M MUNTY APPRAISAL DI51RIC1' San Aeleatd,U 70321E - RECORDS)AND REMITED lip HEREIN AS 'IDT 1' WI7HIH.AND FURTiAi BEING A Tel.(21P)SU-111190 Fm(;LMA25.0520 PORTION O LOT 3.BLOCK Z. ALAMEDA ESTA7M ACODRDINO TO IW-IAAF OR CORPUS CHRIS 11 I1u7+ftrtanx-$A,I=9bCcpyArbl 7DQ6 PLAT THEREOF RF.FOROED IN VOLUME NTY'T'EXAS i1' MAP RECORDS DF NUECcS DATE: 08/01/11 DR':,WN 8Y: -MA7 I FILE: H:\50001\356\5D001-356ex8.DWG FN NO, 50001-3356-4R PROJECT ND.-50301-$-6 Ordinance abandoning and vacating a 1,699-square foot portion (0.039 ac.) of a 5-foot wide utility easement out of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, located south of Robert Drive, and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. Whereas, Bury + Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP (Owner) is requesting the abandonment and vacation of a 1,699-square foot portion (0.039 ac.) of a 5-foot wide utility easement, out of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, located south of Robert Drive, and west of Delano Drive, to accommodate the expansion and development of the existing grocery store and its associated parking facilities. Whereas, with proper notice to the public, a public hearing was held on Tuesday, January 17, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 1,699-square foot portion (0.039 ac.) of a 5-foot wide utility easement out, of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, subject to the provisions below; (Exhibit A - Site Map, Exhibits B & C - Metes and Bounds Description &Accompanying Map). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a 1,699-square foot portion (0.039 ac.) of a 5-foot wide utility easement, out of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, located south of Robert Drive, and west of Delano Drive, as recorded in Volume 22, Page 52 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the'conditions specified in Section 2 below: Section 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Since the Owner will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, the requirement of paying fair market value for the property is waived. 2) The City Water Department is requiring that owner maintain a minimum 15- foot wide utility easement for a-proposed water main. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. —96— Page 2 of 3 4) Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, - abstracted for all easements and items of record,. must be submitted to the _ Assistant City Manager of Development Services, or his designee, as per City of.Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025896. 9 i i Signatures on following page. K:1LegaRSHAREDILEGAL-DEV.SVCS12011 AgendaWlami eda Eat a - 'c 2112-13-11 Ordinance(C)Alameda Center,Block 2, B FINAL.doc Lot 3,re,1,599-sq ft portion,Abandon$�Vacate,DW Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of J ,••-t , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Ci Larry R. Elizondo, Sr. Nelda Martinez ?(ey-n Kice^"^ic Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, 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 , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form only: l , 2011 By: ,� eborahWalther Brow City Attorney City Attorney Corpus Christi, Texas K:1LegaRSHAREDILE<GAL-DEV.SVCS12011 AgendaAlamada EsTapfas-Reck 21'12-13-91 ordinance(C)Alameda Center,Block 2, Lot 3,re,1,699-sq ft portion,Abandon&Vacate,DW8 FINAL.doc I • Exhibit A Site Map mss, CamelPoll O 0`' 4Z -pak SITE V i s 4C) . Lk A 4& F . bBury+PartnerS HEB-CORPUS CHRIST! #G �HorNgeetKa aniurto,ra i2S L�!u4�.tui► Bm inea�io..Q ti�td LOCATION MAP CORPUS CHRISTI, TEXAS AUG 2011 DRAWN BY:JAR SCALE:NTS No,9014186950017 -99- P Bury.-i--Partner s ENG INEERING SOLUTIONS 0.039 ACRES FN N0. 50001-356-2R (1, 699 Sq. Ft. ) AUGUST 01, 2011 50001-356ex6R. DWG JOB NO. 50001-356. 93 FIELD NOTE DESCRIPTION PORTION OF 5' U.E. TO BE ABANDONED FOR A 0.039 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING A PORTION OF LOT 7A, BLOCK 2, ALAMEDA ESTATES, AS RECORDED IN VOLUME 23, PAGE 52 MAP RECORDS OF NUECES COUNTY, TEXAS, A PORTION OF LOTS 7C, 7D, AND 7E, BLOCK 2, ALAMEDA ESTATES, A SUBDIVISION OF RECORD IN VOLUME 22, PAGE 52, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; SAID 0.039 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING, AT A FOUND "X" MARKING THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE AND FURTIER MARKING THE MOST NORTHERLY CORNER OF LOT 7B OF SAID ALAMEDA ESTATES; THENCE, S 28° 00 ' 24" W, ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE, A DISTANCE OF 140.00 FEET, TO A POINT FOR THE POINT OF BEGINNING, OF HEREIN DESCRIBED TRACT; THENCE, LEAVING THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE, INTO AND ACROSS SAID LOT 7A, 7C, 7D, AND 7E, THE FOLLOWING COURSES: S 610 58' 20" E, A DISTANCE OF 339. 85 FEET TO A POINT; S 28° 01' 40" W, A DISTANCE OF 5.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 1, ALAMEDA CENTER UNIT 3; N 610 5B' 20" W, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, ALAMEDA CENTER UNIT 3, A DISTANCE OF 339.85 FEET. TO A SET ;I INCH IRON ROD WITH BPI CAP ON THE SOUTHEATERLY RIGHT OF WAY LINE OF ROBERT DRIVE, FOR THE NORTHERLY CORNER OF SAID LOT 1, ALAMEDA CENTER UNIT 3; THENCE, N 28° 00' 24" E, ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE, A DISTANCE OF 5.00 FEET TO THE POINT OF Page 1 of Z Exhibit B -100- Metes and Bounds Description BEGINNING, CONTAINING AN AREA OF 0.039 ACRES OF LAND, MORE - OR LESS. HAL B. LANE III REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 4690 Y {� � BURY+PARTNERS, INC. 922 ISOM ROAD, SUITE 3.00 •r'�•...... ill .rH■ �" SAN ANTQN I O, TEXAS 78216 RO N. �.LANE 0......../.u. °��: - 210/525-9090 ' rS i l I a Page 2of2 allEET 8 OF a 0 50 100 150 20D 1"=100' 4D LEGM ss����p0 Lam, U 1/2'IRON RCD SET FOLIND (UNLESS NOTED) ZOT is> 2 ZOT -44 rya° N, N� ��s� �0�•�?� fS ��T _ y�tB2O 5• U E./ pC Sr TFS�f ` 2 VOL. 2PG. 52' 2 (O T PORTION OF 5' U. / a T TO BE ABANDONED �' �� $0 0.039 0.039 ACRES ° p q q (1,699 SO. FT.) � � � N°H�o •�� pc Tq f 10' U.E. ABANDONED 4z BY ITY ORD. NO. 0,-T f r r 49 VOL U 9, PG. 157 / ,Q �fo� 4OT t1Y' aC.49 fiV � 9 Exhibit C ! / �j Map of Metes and Bounds Description ! ! r r r +paz. erg SKETCH TO ACCOMPANY DESCRIPTION OF OF A 0,039 ACRE TRACT OF LAND 97UATED IN THE CITY OF HEB GROCERY I N n I N E E I 1 N 0 10 t a T i a N S CORPUS CHRIST[, NUECES COUNTY, TEAS, BEING A PORTION OF LOT COMPANY �P. m 1�IN4 pupa IGk 7A, BLOCK 2. ALAMEDA ESTATES, AS RSCOROEO IN VOLUME 23, Sm play,U MIS PACE 52 MAP RECORDS OF NUE2.CES COUNTY, TE7iA5, A PORTION OF TEL(lox S-Eam hr 4S10JMwaft LOTS OF 7C,Q IN VOLUME AND M PAGEL A 7!!E MI RECORDS SIN CORPUS CHRIST a-ak iso e�+l�k1e 2oGeOF u GATE 08/01/11 JDRAWN BY: MAY FHS #k\50001\35a\50007-35Gex6R.DWG IFN NO. SOOM-356-7R PROJEC[ Na.75=1-356 -102- Ordinance abandoning and vacating a 2,944-square foot portion (0.049 ac.) of a 10-foot wide gas easement out of Alameda Estates, Block 2, Lots 7E and 7F, and an unplatted tract of land (known as "Lot P" in the Nueces County Appraisal District Records), located south of Robert Drive, and west of Delano Drive; requiring the owner, HES Grocery Company, LP, to comply with the specified conditions. Whereas, Bury + Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP (Owner) is requesting the abandonment and vacation of a 2,144-square foot portion (0.049 ac.) of a 10-foot wide gas easement, out of Alameda Estates, Block 2, Lots 7E and 717, and an unplatted tract of land (known as "Lot I" in the Nueces County Appraisal District Records), located south of Robert Drive, and west of Delano Drive, to accommodate the expansion and development of the existing grocery store and its associated parking facilities. Whereas, with proper notice to the public, a public hearing was held on Tuesday, January 17, 2012, 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 i to appear and be heard; and i Whereas, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 2,144-square foot portion (0.049 ac.) of a 10- foot wide gas easement, out of Alameda Estates, Block 2, Lots 7E and 7F, and an unplatted tract of land (known as "Lot I" in the Nueces County Appraisal District Records); (Exhibit A- Site Map, Exhibits B & C - Metes and Bounds Description & Accompanying Map). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a 2,144-square foot portion (0.049 ac.) of a 10-foot wide gas easement, out of Alameda Estates, Block 2, Lots 7E and 7F, and an unplatted tract of land (known as "Lot I° in the Nueces County Appraisal District Records), and west of Delano Drive, as recorded in Volume 22, Page 52; Volume 23, Page 56; and Volume 7, Page 41 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2 below: Section 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Since the Owner will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, the requirement of paying fair market value for the property is waived. 2) The City Water Department is requiring that owner maintain a minimum 15- foot wide utility easement for a proposed water main. -103- Page 2of3 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 4) Upon approval by Council and issuance of" the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. i Signatures on following page. K:1LegalISHAREDILEGAL-DEV,SVCS12011 AgendalAlameda FsIgY4 BI^:k 2112-13-11 ordinance(D)Alameda Center,Block 2, Lot 3,re,2,144-sq It portion,Abandon&Vacate,DWB FINAL.doc Page 3 of 3 That the foregoing ,ordinance was read for the-first time and passed to its second reading on this the day of C, .✓ice , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, 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 , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: , 2011 By: eborah Walther Brown Assistant City Attorney fo Ity Attorney Corpus Christi, Texas IC,lLegaRSHAREDILEGAL-DEV.SVCS12011 AgendeAlameds Estlata Rrn2112-13-11 Ordinance(D)Alameda Center,Block 2, Lot 3,re,2,144-sq ft portion,Abandon&Vacate,DWB FINAL.do� U j Lw Exhibit A 016 Site Map INC Ular ' ca.ml.let /y 041 "' r :.# Po SITE c►i - f off G Cts p-.I'r Q 111 D QA C acs ,FAr `� + i r s ,r �. t x1r, Bury"+P �waiHy+ ado.ers HEB-CORPUS CHRISTI #C cr�r .lan S4md 'i[an$�LoQe]��o-7l�o;a,4-S,apttiiooRe tliifi let LOCATION MAP Bt, CORPUS CHRISTI, TEXAS N�l+rr i=1wa ar.�-sl:��rr�si:i aeil AUG 2Q11 I DRAWN M JAR SCALE;NTS Ao,ft4i8895C10i7 -1Qs— Bury-i Partners ENGINEERING SOLUTIONS 0. 049 ACRES FN NO.50001-356-5 R (2,144 Sq. Ft.) AUGUST 01, 2011 50001--356ex5.DWG JOB NO. .50001-356. 93 FIELD NOTE DESCRIPTION 10' GAS EASEMENT TO BE ABANDONED FOR A 0.049 ACRE TRACT OF LAND LOCATED IN THE . CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING A PORTION OF LOT 7E, BLOCK 2, ALAMEDA ESTATES, AS RECORDED IN VOLUME 22, PAGE 52 MAP RECORDS OF NUECES COUNTY, TEXAS, AND A PORTION OF LOT 7F, BLOCK 2 ALAMEDA ESTATES, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 23, PAGE 56, MAP RECORDS OF NUECES COUNTY, TEXAS, AND AN UNPLATTED 65.82' X 145' TRACT (KNOWN AS "LOT I" IN THE NUECES COUNTY APPRAISAL DISTRICT RECORDS) AND REFERRED TO HEREIN AS "LOT IN I" WITHIN AND FURTHER BEING A PORTION OF LOT 3, BLOCK t 2, ALAMEDA ESTATES, ACCORDING TO THE MAP OR PLAT THEREOF IN VOLUME 7, PAGE 41, MAP RECORDS OF NUECES COUNTY, TEXAS, SAID 0..049 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING, AT A FOUND "X" MARKING THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT LANE WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE AND FURTHER MARKING THE MOST NORTHERLY CORNER OF LOT 7B OF SAID ALAMEDA ESTATES; i 1 THENCE, S 61° 581 20" E, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 167. 62 FEET, TO A FOUND 5/8 INCH IRON ROD MARKING THE MOST NORTHERLY CORNER OF LOT 7C OF SAID ALAMEDA ESTATES; THENCE, S 280 01 ` 40" W, ALONG THE COMMON BOUNDARY LINE BETWEEN LOT 7C, LOT 7A AND LOT 7B, ALL OF ALAMEDA ESTATES, A DISTANCE OF 145.00 FEET TO A POINT IN THE NORTHEASTERLY LIFE OF LOT 1, ALAMEDA CENTER, UNIT 3, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 49, PAGE 157, MAP RECORDS OF NUECES COUNTY, TEXAS, MARKING THE MOST WESTERLY CORNER OF SAID LOT 7C THENCE, S 610 56' 20" E, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 177.47 FEET TO THE POINT OF BEGINNING, OF THE HEREIN DESCRIBED TRACT: Page 1 of 3 Exhibit B j Metes and Bounds Description -107- THENCE, LEAVING THE NORTHEASTERLY LINE OF SAID LOT 1, INTO AND ACROSS SAID LOT 7E, 7F, AND LOT I, THE FOLLOWING COURSES: N 280 01' 40" E, A DISTANCE OF 38.05 FEET TO A POINT; S 610 58' 20" E, A DISTANCE OF 15B. 35 FEET TO A POINT IN THE EASTERLY LINE OF SAID LOT 2; S 280 01' 40" W, ALONG THE EASTERLY LINE OF SAID LOT I, A DISTANCE OF 38.05 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE, N 61° 58' 20" W, ALONG THE NORTHEASTERLY LINw OF SAID LOT 1, A DISTANCE OF 10.00 FEET TO A POINT; THENCE, LEAVING THE NORTHEASTERLY LINE OF SAID LOT 1, INTO A-ND ACROSS SAID LOT I, AND LOT 7F, THE FOLLOWING COURSES: N 280 01' 40" E, A DISTANCE OF 28.05 FEET TO A POINT; N 510 58' 20" W, A DISTANCE OF 138.35 FEET TO A POINT; S 28` 01' 40" W, A DISTANCE OF 28. 05 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE, N . 610 58' 20" W, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 0.049 ACRES OF LAND, MORE OR LESS. - OF to gzzz ,��;��t�Y ••. HAL B. LANE III dor ..r�..a..s:.....,fr. REGISTERED PROFESSIONAL LAND SURVEYOR HAL S. LANE 141 TEXAS REGISTRATION NUMBER 4690 4690 : BURY+PARTNERS, INC. ...r..••' 922 ISOM ROAD, SUITE 100 s SAN ANTONIO, TEXAS 78216 210/525-9090 Page 2 of 3 —108— 8HWr 3 of 3 0 50 100 150 200 1"=300' MAM 01/2` [RON ROC FOUND (UNLESS NoTO) O 1/2` IRON RO0 SET LINE TABLE I` LEVE BEARING LENGTH 8 LS S2s�DPOrld Bos �V ` L2 Nark'40T 2E1AS L3 S20 1'4rV 22.05 40 1�� L1 EE28•Ltl'iC•E 38AS ` 1oT .g2Op AC ry ` 14 5 U.E. i� VOL.'i PG. 41 �Dr ` `>\;p, t,Q c°tea p4T fzih;,VL W4 Qr. •� 758 ` v S Lp 10 20+ � Oa T 3 a0 .Ns�. is t 10' GAS EASEMENTS TO BE ABANDONED 4 0.049 ACRES i C4M1 (21144 S0. FT.) �s�S VDl•�J L+� I 10' U.E. / 70 8?p� 49 �, VOL. 49. PG. 157 r •Oa. Exhibit C / fi Map of Metes and t Bounds Description / / r SKETCH TO ACCOMPANY DESCRIPTION OF OBury+PaMers AyE 9 AM�c A OF LAND PWrOOH OF LOT LOCATEDW THE RM Z CF ALAMEDAA ISTAIM AS RECORDED wn' NES GROCERY !M a 4 N!E! N C I O L UT 1 a X s mai x EL I ALUMO,ESTAATREMM E AOCOIIONW G T�no"T WWW RKMEO IN COMPANY LP. m 1"1111 Rand Salk 190 Yuma a PASS'16, up RET]OROS OF HW=O"TT, TIOU 5.Aub AN UNPLATTEL In Ammla,71 Valli 9S.C3'X I&T TRACT(UPW AS"T r M TIE"MM CMWN Al'"UBAL OWWT Ta(210AW-fm na(MQA Om p£oa�5a duo 1lgl "m mN As-LoT r wmwi Am fmTrom 6¢IF A PaRom OF CORPUS CHRISTI #6 iv mmili�t�be.efag w am L4T a bLOPR 2.ALA16141A CRAIM ACCORONc TO W UAP OR PLAT MEW SCINMMO 0A1E 08/01/110111114112-3ZXA& t?RAWN BY: MAV F1Lir tl:\5C1001\356\SOOOi-35Se�15Ei.6 FN NO. SMM-356-SR PROJECT No.-500M-356 -109- 11 i a i k.� d AGENDA MEMORANDUM `1852 for the City Council Meeting of January 17, 2012 DATE: 12/22/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Interim Director of Development Services/Building Official V StephenD@cctexas.com /"� (361) 826-3246 Ordinance to consider abandoning and vacating a portion of a utility easement, out of Block 2-A, Lot J, Byron Willis Subdivision. CAPTION: Ordinance abandoning and vacating a 3,397.68 square-foot portion (0.078 ac.) of an existing utility easement out of Block 2-A, Lot J, Byron Willis Subdivision; requiring Owner, Vishal Hotel, LP to comply with the specified conditions. l BACKGROUND AND FINDINGS: Bass &Welsh Engineering., on behalf of Vishal Hotel, LP., ("Owner'), are requesting the abandonment and vacation of a 3,397.68-square foot portion of the utility easement, to allow for the future construction and development over said easement. Staff recommends payment of the fair market value of$11,900.00 for the abandonment and vacation of the 3,397.68-square foot portion of existing utility easement. Owner has paid the fair market value fees, and will be responsible for paying all fling and recording fees pertaining to the Ordinance. The owner proposes to.construct a hotel on the property. The easement proposed for closure impedes with the proposed location of the hotel. ALTERNATIVES: i I j Denial of the easement closure will adversely impact the owner's ability to construct the proposed hotel. OTHER CONSIDERATIONS: "Not applicable" CONFORMITY TO CITY POLICY: These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY 1 NON-EMERGENCY: Non-Emergency K:\Legal\SHARE©\LEGAL-DEV.SVCS\2012 Agenda\Byron Willis Subdivisioj`j f"2F::' Syron Willis,Agenda Memo,by EAM-Reviked.dou City Council Executive Summary Memorandum Abandon and vacate: Block 2-A, Lot J, Byron Willis Subdivision Page 2 DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the city departments or franchised utility companies had any facilities or objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: Revenue Project to Date Exp. Current Future FISCAL YEAR: 2011-2012 (CIP Only) Year Years TOTALS Budget 0 0 Encumbered/Expended 0 0 amount This item 0 11,9001 0 11,900 BALANCE 0 11,9001 0 11,900 FUND(S): Development services Comments: N/A RECOMMENDATION: Upon approval by City Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or. his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager K:ILega115HARED\LEGAL-DEV,5VCS12412 Agend6Byron Willis Subdivisionul-l�'^",Byron Willis,Agenda Memo,by EAM-Revised.dom Ordinance abandoning and vacating a 3,397.68 square-foot portion (0.078 ac.) .of an existing utility easement out of Block 2-A, Lot. J, Byron Willis Subdivision; requiring Owner, Vishal Hotel, LP to comply with the specified conditions. Whereas, Bass & Welsh Engineering, on behalf of Owner, Vishal Hotel, LP, is requesting the abandonment and vacation of a 3,397.68 square-foot portion (0.078 ac.) of an existing utility easement out of Block 2-A, Lot J, Byron Willis Subdivision, located west of the Flynn Parkway public street right-of-way, and south of the South Padre Island Drive public state right-of-way; to accommodate future construction and development. Whereas, with proper notice to the public, a public hearing was held on Tuesday, January 17, 2012; during a meeting of the City Council, in the. Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 3,397.68 square-foot portion (0.078 ac.) of an existing utility easement out of Block 2-A, Lot J, Byron Willis Subdivision, subject to the provisions below; (Exhibit A: Site Map; Exhibits B & C: Metes and Bounds Description and Accompanying Map, respectively). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a 3,397.68 square-foot portion (0.078 ac.) of an existing utility j easement out of Block 2-A, Lot J, Byron Willis Subdivision, located west of the Flynn Parkway public street right-of-way, and south of the South Padre Island Drive public state right-of-way, -as recorded in Volume 44, Pages 183-184 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner, Vishal Hotel, LP's compliance with the conditions specified in Section 2 below: Section 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Before going to City Council for approval of the ordinance abandoning and vacating the 3,397.68 square-foot portion of an existing utility .easement, Owners will pay the fair market value of $11,900. 2) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 3) Upon approval by City Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, —115— Page 2 of 3 abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. Signatures on following page. —116— K:1LegahSHAREDLLEGAL-DEV.SVCS12012 Agendai0yron Willi. ____._—ion112-05-11 Byron Willis,Ordinance Draft,byEM.doc Page 3 of 3 That the foregoing ordinance was read for the first time and passe_d to its second reading on this the day of �t/LLAL� ,2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez X;evinrKi Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally.on this the day of , 2012, 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 i 1 PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form only: , 2011 t By: _ eborah Walther Brow- Assistant City Attorne eity Attorney Corpus Christi, Texas K-ILegaRSHARE:DILEGAL-DEV.SVCS12012 AgendaSyron wilfl� 1 _ 12 06-11 Byron wiiiis, Ordinance Draft,by EM.doc 1 MURRAY BASS,7R.,P.B,RPIA 3054 S.ALAMEDA. ZIP 78404 NIXON M. WSLSR,PJI,R.P.LS. Pu-361 662-5521—PAX 361 882-1265 www.hass-wel/h.com a'meil: mmrrayfreapl.rom r . e-mail: HIMW a i BASS & WELSH ENGINEERING P.O. Hox 6397 Corpus Christi, TX 78466-6397 July 27,2011 j 1,1046 ldn-UBC.doc i Utility Fasemeut G7osure Tract STATE OF TEXAS COUNI"Y DFNIJEC$S : --Desrciptim-cfa,0;0791=e•tract ofland,more or less,&portion of Lot J,Mock2-A,Hymn Willis SnbdMdc)rn,a map cif which is recorded in Volume 44,Pages 183 and 184,Map Records,Numu Couty,Texas,said Od?78 acre tract for utility easement edosure tract and as further described by metes Sad bounds as follows: Starting atthe northernmost corner of said Lot J;THENCE S24°00'00"W 285.4fl along the nortthwrst bowtdw r i Ihm OfWdLat J and 561041'20M"15.00'to the POINT OFBEGIIdMG andwesterlyoarner of the trail hemi descrl6ed; MENCE S610417D"E 117-M to a point for southerly interior central comer of the tract herein described; THENCE N29 WOVE 135A Y to • r a point for northeasterly interior corner of the tract herein described; THENCE N61°41WV 107.68'to a point for a northerly corner of the tract herein dcscaibed; THENCE N29W00"E 10.00'to a paint for the northernmost earner of the tract herein described; THENCE 861°41'2O"E 117.68'to a point for northeasterly corner of the tract herein described; THENCE S29WOO"W 145AtY to a point for southerly interior corner of the tract herein described; TEMNC6 S61/41'20"E 50.00'to a point for a southeast career of the tract herein described, THENCE M9W00"W SAW to a point for the soudwamost corner of the tract herein dumbed; TBENCE N61'41WW 177.66 to a point for the westernmost comer of the tract herein denribed; THENCE N29'00'00'E5.00'along aiin 15.Wsoutheast ofand paraneltosaid northweatboundwylineoffay to the POINT OF BEGROUNG,a dr4ch showing said 0.078 acre tract being attached hereto as FAbbit"S". all� man M.Welsh,P.E.,RP.L,S. su Exhibit B: Metes and Bounds Description ,. —1 18— i F _V \ 0, UTILITY •'h / / / 00 EASEMENT CLOSURE TRACT, 0 0,078 AC. 04�� / IIjI"�a�* � g p 4'!y S61° 41' 20" E 50. 00' • s. �`' i ~� ► S29°00' 00° W ` 5. 001 4. Exhibit C. Metes and Bounds Description Accompanying Map BM AND wal ENGINEERING CORPUS CHRISTI,7x . COMP. NO. EKB-CLO-UE ,JOB NO. 11046 SCALE: 1' - W _ PLOT SCALA: SW .. ._. PLOT DAM 7 27/11 SHEET 1 OF —119— I i j f 12 SII i O AGENDA MEMORANDUM tfor the City Council Meeting of January 17, 2012 DATE: 12/19/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Interim Director, Department of Development Services. VStephenD@cctexas.com (361) 8263246 Request for exemption from the wastewater acreage fees for The Coves at Lago Vista, Unit 3, Block 2, Lots 21 & 22. CAPTION: Ordinance exempting The Coves at Lago Vista Unit 3, Block 2, Lots 21 and 22, a subdivision, from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2.G.1 of the Unified Development Code; and requiring the Developer/Owner to comply with the specified conditions. BACKGROUND AND FINDINGS: On behalf of the developer, Victor Medina, Medina Consultants, is requesting the City to waive the Sanitary Sewer(Wastewater) Lot and Acreage Fees for The Coves at Lago Vista Unit 3, Block 2, Lots 21 &22 by providing an exemption for this area. The subject property is located south Oso Creek an area known as the Laureles Corridor. This area does not currently have any wastewater services available. A Master Plan was proposed for this area but was not adopted. In order to provide wastewater services to the subject property, it will require the construction of several wastewater lift stations and force mains in order to connect to the Greenwood Wastewater Treatment Facility. It is Staff opinion that wastewater facilities will not be available within the next 15 years. i Section 8.5.2.G.1. of the Unified Development.Code (UDC) outlines the exemption of payment of wastewater lot or acreage fees if the land for which the fees are required lies within an area exempted by City Council for the payment of such fees. Exempted areas are determined by City Council, and generally are those areas not likely to be served by City wastewater services within the next fifteen (15) years. This section also provides that owners of property for which an acreage fee has been paid may receive a refund if, after 10 years, but not more than 20 years from the date of the fling of the plat, the:owners of 50 percent of the property petition City Council for a hearing to determine whether the fees should be refunded. A refund may be made if City Council finds that, among other things, the property is not likely to receive services within another 5 years. —123— Executive Summary Agenda Exemption of Wastewater Lot/Acreage Fees The Coves at Lago Vista Unit 3, Block 2, Lots 21 &22 Page 2 ALTERNATIVES: Require the developer to pay the applicable wastewater lot and acreage fees in the amount.of$7,818.62 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund which will include a 5 Y/2 percent interest per annum from the date of filing of the final plat. As requested herein, exempt the developer from payment of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. Conditions in the agreement are that when public wastewater services become available the property owners would connect to the wastewater line and pay the applicable pro-rata fee, tap fee and surcharge fee. If public water services become available within the next 15 years, the property owners would also be required to pay the applicable wastewater lot and acreage fee. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY.POLICY: NIA EMERGENCY/ NON-EMERGENCY: Y t 1 j Non-emergency DEPARTMENTAL CLEARANCES: The Wastewater Department has no immediate-plans to expand wastewater services south across Oso Creek. FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): Comments: NIA RECOMMENDATION: On June 22, 2011, Planning Commission and Staff recommend that the City Council approve the exemption of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement that will require payment of the pro-rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot and acreage fees in effect if public wastewater becomes available within 15 years of the plat being filed for record. —124--_ Executive Summary Agenda Exemption of Wastewater Lot/Acreage Fees The Coves at Lago Vista Unit 3, Block 2, Lots 21 &22 Page 3 LIST OF SUPPORTING DOCUMENTS: Ordinance Sanitary Sewer Connection Agreement Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager I� 3 r I . f a K:LEGAL%SHARED%LEGAL-OEV.SVCS%2012 AGENDAICOVES @ LAGO ViSTA112-19-20117125:- 0 VISTA,AGENDA MEMO,FINAL REVISED,BY EAM.DOC . Ordinance exempting The Coves at Lago Vista Unit 3, Block 2i Lots 21 and 22, from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2.G.1 of the Unified Development Code; and requiring the Developer/Owner to comply with the specified conditions. WHEREAS, The Coves at Lago Vista Unit 3, Block 2, Lots 21 and 22, ("Subdivision") located south of FM 2444 and Oso Creek and southeast of King Estates Subdivision, in an area known as the Laureless Corridor, is not currently served by the City'wastewater system; WHEREAS, Victor Medina of Medina Consultants, ("Owner/Developer"), on behalf of Subdivision, has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, the Planning Commission has forwarded to the City Council its report regarding the application of Owner/Developer, and in accordance with Section 8.5,2.6,1 of the Unified Development Code ("UDC"), recommends that the City Council find that it is not likely that the Subdivision area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Coves at Lago Vista Unit 3, Block 2, Lots 21 and 22, ("Subdivision") located south of FM 2444 and Oso Creek and southeast of King Estates Subdivision, is not likely to be served by City wastewater service within the next fifteen (15) years and is therefore exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section 8.5.2.G.1. of the UDC. SECTION 2. The exemption from the payment of wastewater Iot or acreage fees is conditioned upon Owner/Developer's compliance with the following: a. Entering into a Sanitary Sewer Connection Agreement with the City of Corpus Christi, (copy of Agreement attached as Exhibit "A"), and fulfilling all conditions of said Agreement , which include but are not limited to: i. Connecting to City sewer within 12 months of the installation of a wastewater manhole at the,frontage of the property or the installation of a collection line along the frontage of the property. ii. Paying wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection to City wastewater. Q enda\Coves KMI ega11 HAREDILEGAL-DEV.SVCSVO12 A c 1 g �u��,�...,.2-]9-11 ORD Exempting The Coves at Lago Vista Unit IMBFinal.docx That the foregoing ordinance was reaO for the first time and passed to its second reading on this the day of yjv , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Mark Scott Priscilla Leal 1 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez +: Larry R. Elizondo, Sr. Nelda Martinez i Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: December 19, 2011. Carlos Valdez, City Attorney City of Corpus Christi, Texas By: - % ! :eb�orahWalther BrowAsstant City Attorney —127— iii. Paying applicable pro-rata and tap fees at the rate in effect at the time of connection to City wastewater. iv. Subdividing the lots no further than what is shown on the plat attached to the Agreement as Exhibit 1; further subdivision of the lot voids this agreement. v. Recording the Sanitary Sewer Connection Agreement in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. vi. Incorporating the substantive terms of the Sanitary Sewer Connection Agreement into Deed Restrictions upon conveyance of a lot to a third party purchaser, specifically noting that the covenants contained in the Agreement are covenants running with the land. vii. Providing Indemnification to the City of Corpus Christi as noted within the Agreement. Signatures at next page. —128— f I 13 so O AGENDA MEMORANDUM zss� for the City Council Meeting of January 17, 2012 DATE: 1/6/2012 TO: Ronald L. Olson, City Manager r FROM: Stephen Draper, Director, Department of Development Services,-o StephenD@cctexas.com 361-826-3246 PUBLIC HEARING -CHANGE OF ZONING Sigifredo Montemayor (Case No. 0711-02), 2217 Flour Bluff Drive CAPTION: PUBLIC HEARING -ZONING Case No. 0711-02: Sigifredo Montema or: The applicant is requesting a change of zoning from the "RS-6" Single-Family 6 District to the "IL" Light Industrial District. a` The property to be rezoned is Flour Heights, Black 1, Lot 22, located along the east side of Flour Bluff Drive and approximately 320 feet north of the Purdue Road intersection. it Planning Commission and Staff's Recommendation: Denial of the applicant's request to rezone from "RS-6" Single-Family 6 District to the "IL" Light Industrial District in lieu thereof approval of a "CN-1" Neighbrohood District with a Special Permit "SP" subject to eight (8) conditions, resulting.in a change of future land use from single-family use to a commercial use with a special permit. BACKGROUND AND FINDINGS: Mr. Sigifredo Montemayor, agent for Edward & Mearary Iveth Montemayor(Property Owners), has requested the rezoning to allow for the continued use of the property as a metal roofing construction business with an outside storage yard for vehicles, equipment and associated building materials. The applicant has operated this business at this location for approximately ten (10) years. Applicant is in agreement with the recommendation by Development Services staff and Planning Commission though different from his original request and agrees to comply with the eight (8) conditions prescribed by the special permit. ALTERNATIVES: 1. The City Council may grant the original applicant's request for a change in zoning from the"RS-6" Single Family 6 District to the "IL" Light Industrial District. i 2. Denial of the request to modify or change the current zoning "RS-6" Single Family District. i KILEGALISHAREOLLEGAL-OEV.SVCS12012 AGENOA101-17-201210711-02,SIGIFRE00 MONTEMAYOR401-06-2012,0711-02 S?GIFREOO MONTEMAYOR,AGENDA MEMO,BY EAM.docx -131- City Council Executive Summary Memorandum Sigifredo Montemayor(Case No. 0711-02) Page 2 OTHER CONSIDERATIONS: NIA CONFORMITY TO CITY POLICY: The proposed change in zoning is not consistent with the Comprehensive Plan and the Flour Bluff ADP but in recent years there has been a push by property owners for commercial redevelopment in this area, This fact along with the ever increasing volume of traffic along Flour Bluff Drive staff supports a modified zoning request for a "CN-1/SP" Neighborhood Commercial District with the (8) conditions established by a special permit "SP". EMERGENCY/NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: NIA FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2011-2012 (CIP only) Current Year Future Years TOTALS Line Item Budget - Encumbered 1 Expended Amount This item BALANCE Fund(s): RECOMMENDATION: On September 14, 2011, the Planning Commission and Staff recommended denial of the change of zoning from "RS76" Single Family 6 to the "IL" Light Industrial District in lieu thereof approval of the "CN-11SP" Neighborhood Commercial District subject to the following (8) conditions. 1). Uses: All uses allowed in the "CN-1/SP" Neighborhood Commercial District, plus the addition of a storage warehouse and limited outdoor storage. 2.) Landscaping: Landscaping must be provided in accordance with Article 7.3 of the UDC Landscaping as if new construction in the "CN-1/SP" Neighborhood Commercial District. 3.) Screening: Construction of a solid screening fence along the north, east and south property lines. In addition the existing solid screening fence and gate combination must be maintained along the Flour Bluff Drive right-of-way exposure. 4.) Lighting: Any and all outdoor lighting shall be shielded and directed away from adjacent neighboring properties and the Flour Bluff Drive street right-of-way. 5.) Dumpsters: No dumpster storage permitted within the existing 20 foot street yard. 6.) Hours of Operation: Hours of operation shall be 6:00 A.M. to 9:00 P.M. Any and all deliveries must occur K:ILEGAL4SHAREDLLEGAL-DEV.SVCSI2012 AGENDAI01-17 201210711-02,SIGIFREDO MONfTEMAYORW I.31&2012,0711-02 SIGIFREDO MONTEMAYDR,AGENDA MEMO,BY EAM.docx -132- within this time frame. City Council Executive Summary Memorandum Sigifredo Montemayor(Case No.0711-02) Page 3 7.) Storage: All storage will be inside of a building with a provision to allow for the temporary storage of vehicles, equipment, and associated construction materials outside for a time period not to exceed (24) hours. 8.) Time Limit: Such Special permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition#1 and in compliance with all other conditions. F LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance (Staff& Planning Commission recommendation) • Ordinance (Applicant's request) cc: Deborah Brown, Assistant City Attorney Rudy D. Garza, Assistant City Manager Eddie Houlihan, Assistant Director of Management and Budget i - I 1 KILEGALISHAREOILEGAL-DEV.SVCS12012 AGENOA101-t7 2012%D711-02,SIGIFRE00 MONTEMAYOR101-0$-2012,0711-02 SIGIFRE00 MONTEMAYOR,AGENDA MEMO,BY EAM.docx —133— ZONING REPORT Case No.: 0711-02 Planning Commission Hearing Date: July 20, 2011 Applicant/Agent: Sigifredo Montemayor .a Owner(s): Edward Montemayor&Mearary Iveth Montemayor C„a Legal Description/Location: Flour Heights, Block I, Lot 22, located along the east side of 06 A Flour Bluff Drive and approximately 320 feet north of the Purdue Road intersection. From: "RS-6" Single-Family 6 District A To: "IL"Light Industrial District Area: 0.74 Acre N Purpose of Request: To allow for the continued use of the property as a metal roofing construction business and yard for the outside stora a of vehicles; equip ment,and materials. Existing Zoning District Existing Land Use Future Land Use Site "RS-6" Single-family 6 Commercial Low DensityBusiness& Storage Residential '0 ,� North "RS-6"Single-Family 6 Low Density Low Density N Residential Residential Low Density Low Density a South "RS-6"Single-Family 6 Residential Residential Low Density Low Density East "RS-6"Single-Family 6 W Residential Residential West "CG-2"General Commercial I Commercial Commercial Area Development Plan: The subject property is located in the FIour Bluff Area Development o� Plan (ADP) and is planned for low-density residential use. The proposed change in zoning to o the "IL" Light Industrial District is not consistent with the Flour Bluff ADP or the adopted Future Land Use Map. c Map No.: 037,031 y Zoning Violations: Code enforcement has issued a zoning violation notice for the following: non-conforming land use and property is not zoned as commercial use and for the outside Stora a of construction equipment,vehicles, and building miscellaneous materials. Staff's Summary: a Requested Zoning: The purpose of the "1L" Light Industrial District is to allow for the continued use of subject property as a metal roofing construction business with an outside storage yard for vehicles, equipment, and building materials. • Transportation and Circulation: The subject property fronts on Flour Bluff Drive, an arterial and major north and south traffic carrier for the Flour BIuff peninsula. Approximately a mile north of the subject property where Flour Bluff.Drive intersects with South Padre Island Drive and for several hundred feet south down to Don Patricia Road, Flour Bluff Drive is under construction and is being widened to accommodate increased traffic loads into and out of the newly constructed Wal- Mart and to better serve the increased north and south bound traffic demands. Street Existing ROW and Planned ROW and Urban Trans. Traffic W Paved Section Paved Section Plan Type volume O 2007 �0 a Flour Bluff 65' R.O.W.,28' paved 95' R.O.W., 64'paved Al Arterial 12388 Drive —134— Zoning Report Case#:0711-02,Montemayor Page 2 • Relationship to Smart Growth: While continuing to utilize existing infrastructure the proposed rezoning would not have a positive implication with regards to smart growth in fact this proposed re-zoning would intrude into a well established residential neighborhood. The proposed re-zoning does not comply with current land use trends in the area or with the long range development plan. If permitted this rezoning would in fact be a classic example of spot zoning. 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: i The Comprehensive Plan and the Flour Bluff Area Development Plan (ADP) slate the subject property as continued residential use.The proposed change in zoning is not consistent with the Flour Bluff ADP or the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Flour Bluff ADP encourage commercial development including where adjacent to residential properties. This may be achieved by employing screening and landscape buffering methods which minimize and mitigate the impacts of commercial uses where adjacent to residential uses. Industrial uses are not included or considered a commercial development and in this case may negatively impact the surrounding neighborhood. A change of zoning to the "1L" Light Industrial district would not be an expansion of any adjacent industrial district and would in fact be an isolated - district surrounded on three sides by a well established single-family residential neighborhood with j a"CG-2"General Commercial District west.of and across Flour Bluff Drive. i Plat Status: The subject property is platted as Flour Heights, Block 1,Lot 22. Department Comments: • Mr. Montemayor has requested a change of zoning from the "RS-6" Single-Family District to an "IL" Light-Industrial District to allow for the continued use of his property as a metal roofing business and contractor's storage yard. W. Montemayor stated that he has operated his business at this location for approximately ten (10) years. However in years past, to a lesser degree with regards to business activity and on-site storage but due to the down turn in the economy Mr. Montemayor has had to increase the business activity and storage of materials at this location. He went on to explain that if unable to remain at this location and forced to relocate to a commercial or industrial site, he fears that the additional cost would result in a serious strain on the financial bottom line possibly forcing him out of business. Staff understands the difficultly in relocating a business and having to incur the additional financial burden for rent and lease space but while sympathetic to this issue, staff is of the opinion that this is.the wrong place to establish and operate an industrial business. Prior to accepting an application to re-zone this property, staff strongly encouraged the applicant to reconsider pursuing this endeavor and instead relocate the operation to a properly zoned and perhaps less impactful site. - • Additionally staff has reviewed a series of historical aerial photographs of this area dating from April 2004 up to the present and has discovered that the use, especially the outside storage of equipment and miscellaneous materials, has expanded significantly over the past seven years. It appears that an expansion of a metal storage building presently attached to the residential structure was done so without obtaining the proper building permits. The attachment of this commercial use to the residential use maybe in conflict with Building and Fire Codes which must be addressed prior to the issuance of a Certificate of Occupancy. —135— Zoning Report Case#:0711-02,Montemayor Page 3 • Should the applicant be granted a change of zoning to a commercial or industrial zoning district, the Unified Development Code requires a Zoning District Buffer Yard for redeveloped properties. The Zoning District Buffer Yard is specifically detailed in Section 7.9.6. Table A. Required Zoning District Buffer Yard for (Redevelopment). This section will also require the construction and placement of a solid screening fence to achieve the 15 the point participation requirement. • This rezoning request is inconsistent with the adopted Future Land Use Plan and is not in keeping with the current development of this neighborhood. An industrial use at this location could negatively impact the surrounding property owners and as a result leaves staff with no other choice than to not support and not recommend approval of this request to rezone Mr. Montemayor's property from"RS-6"District to the"IL"Light.Industrial District. Planning Commission & Staff Recommendation: Denial of the change of zoning from"RS-6" Single Family 6 to the"1L"Light Industrial District in Iieu thereof approval of the"CN-1"Neighborhood District with a Special Permit subject to the following(8) conditions. 1. Uses: All uses allowed in the "CN-i" Neighborhood District, plus the addition of a storage warehouse and limited outdoor storage. 2. Landscaping: Landscaping must be provided in accordance with Article 7.3 of the UDC Landscaping as if new construction in the"CN-l"Neighborhood District. 3. Screening: Construction of a solid screening fence along the north, east and south property lines. In addition the existing solid screening fence and gate combination must be maintained along the FIour Bluff Drive right-of-way exposure. 4. Lighting: Any and all outdoor Iighting shall be shielded and directed away_ from adjacent neighboring properties and the Flour Bluff Drive street right-of-way. 5. Dumpsters: No dumpster storage permitted within the existing 20 foot street yard. 6. Hours of Operation: Hours of operation shall be 6:00 A.M. to 9:00_P.M. Any and all deliveries must occur within this time frame. 7. Storage: All storage will be inside of a building with a provision to allow for the temporary storage of vehicles, equipment, and associated construction materials outside for a time period not to exceed(24)hours. 8. Time Limit: Such Special permit shall be deemed to have expired within twelve (12)months of the date of this ordinance, unless the property is being used as outlined in Condition 91 and in com liance with all other conditions. - A Number of Notices Mailed Total— 15 within .200' notification area;2 outside notification area - w ' Favor — 1 (inside notification area); 0(outside notification area) oOpposition — I (inside notification area); 0(outside notification area) . U For 12.68%As of July 20,2011 Attachments: 1. Site—Existing Zoning,Notice Area,&Ownership 2. Site—Future Land Use K\LEGALISHAREO\LEGAL-OEV.5VCS12012 AGENOA101-17-201210711-02,SIGIFRE00 MONTEMAYOR112-13 2012,0711-02 MONTEMAYOR(RS-6 TOIL),ZONING REPORT,BY WV.00C -136- OR AC VAC 5 COM L R LI LDF958 p LD {/ C 46R VAC ISC UAll VAC `pR VA Rent rale usttr 18C 14 ti LDRIo COMZRqy J G C T [oR qc + _ zrS RELIAME OAS "° R� PROPL TY LDR 13 tOR pU$DIV, ONc caM3s° � Z2 i7A. IA VA _- 0 ,� ig A8 ACRES LDR f ISA O i2 LDR `¢p �6A �1G� RAA VAC 2 LDR 1 ,q rj S-4. LDR 11 6A 6 VAC 2 y'�C 4iLDR 7A �40� 3 LDR 10 A9� s cart 1� ��7� LDR t 15 °R LDR C10 9 C 20 4 LOR 8 VAC 12 LDR RS a3 R S- LDR C G LDR 7 LDR 18 S VAC L � ' LDR LDR zs 7 14e DR 17 LDR 9 LDR 16 LDR 24 AG .sem 3A a LDR is LOR 6 O� v LDR LDR r (�kd� I1Efl11 i 5 j VAC RZ I � LDR3 RarrAetAcs umer L R ��. VAC RM- 11 oa a �� 3 � 40710 If i'npated 8 Z LDR LDR 0 rhne Devala meet rvlc I CASE: 0111-02 -- 1. SITE - EXISTING ZONING, NOTICE AREA 8 OWNERSHIP - A-1 Aprtmant House Dldrld M Limited Industrial Ofslrlct - AAA Apertmant House Dlstrlet 11-2 Light Industrial District - A-2 Apartment House District 1.3 Heavy Industrial District AB Professtonal Office Dlshld PUD Planned Unit Development AT Apartment-Toudst District R-11A One Family Dwelling District � m B-1 Neighborhood Business District R-1 B One Family Dwelling District B-1A Neighborhood Business District R-1C One Family Dwelling District B-2 Bayfront Business District R-2 dluplple Dwelling District - _ - B-2A Barter Island Business District RA One Farnhy Dw0ling Districl F .. B-3 Business District RE Residential Estate Dishict " &4 General Business District R-TH Townhouse Dwelling District "r4 B-5 Primary Business District SP Specie)Permit4y..,. 8-6 Primary Business Core DI-trict T-1A Travel Troller Park Dlsldct _ 80 Carpus Christi Beach Design Dist. T-18 Manufactured Home Park District F-R Form Rural Dlstrlet T-1C Manufactured Home Subdivision HC Historleal-Catural Landmark District Pros NV SuOwners S City�l p wlM zaa,buffer O ' In fever 4Owners Within 200'flsfedoil y Owners LOCATION MAP c ft affached ownership liable /�hr opposition 33 EXESTr�� 4 XL Ar 22I Flovv bf vf- -13s- 1 _ Ordinance amending the Unified Development Code (UDC), upon application by Sigifredo Montemayor, by changing the UDC zoning map in reference to Flour Heights, Block 1, Lot 22, from the "RS-6" Single-Family 6 District to the "CN-1/SP" Neighborhood Commercial _ District with a Special Permit and subject to eight (8) conditions, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. I . WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Sigifredo Montemayor, 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, July 20, 2011, during a meeting of the Planning Commission, and on Tuesday, January 10, 2012, 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 Flour Heights, Block 1, Lot 22, located along the east side of Flour Bluff Drive and approximately 320 feet north of the Purdue Road intersection, from . the "RS-6" Single-Family 6 District to the "CN-11SP" Neighborhood Commercial District, subject to eight (8) conditions, resulting in a change of future land use from single-family use to a commercial use with a special permit (Zoning Map 037,031) (Exhibit A - "Planning Commission and Staff Recommendation"). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following eight (8) conditions: :. 1. Uses: All uses allowed in the "CN-1" Neighborhood Commercial District, plus the addition of a storage warehouse and limited outdoor storage. 2. Landscaping: Landscaping must be provided in accordance with Article-7.3 of the UDC Landscaping as if new construction in the "CN-1" Neighborhood Commercial District. -139- Page 2 of 4 3. Screening: Construction of a solid screening fence along the north, east and south property lines. In addition the existing solid screening fence and gate combination must be maintained along the Flour Bluff Drive right-of-way exposure. 4. Lighting: Any and all outdoor lighting shall be shielded and directed away from adjacent neighboring properties and the Flour Bluff Drive street right-of-way. 5. Dumpsters: No dumpster storage permitted within the existing 20 foot street yard. 6. Hours of Operation: Hours of operation shall be 6 a.m. to 9 p.m. Any and all deliveries must occur within this time frame. 7. Storage: All storage will be inside of a building with a provision to allow for the temporary storage of vehicles, equipment, and associated construction materials outside for a time period not to exceed (24) hours. 8. Time Limit: Such Special permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. 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. 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 , 2012. K:1LegaI1SMAREDILEGAL-DEV.SVCSI2012 Agenda101-17-201210711-02,Sigifredo Montemayorm.29.11 0711-02 Slgftdo Montemayor(RS-6 to CG-2)-PC Recommend.DWSFinal-Revisal 4(82412.doc Page 3 of 4 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This;"day 2012 t reborah Walther Brown Assistant City Attorney For City Attorney K legalISHAREDIEGAL-DEV.SVCS12012 Agenda101-17-201210711-02,Sigifredo Montemayor111.29.11 0711-02 Sigifredo Montemayor(RS-6 to CG-2)-PC Recommend.DWBFinal-Revia IfJ20.12.doc Page 4 of 4 Corpus Christi,Texas day of , 2012 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. Priscilla-G. Leal David Loeb John E. Marez Nelda.Martinez Marie Scott District 1 Representative is vacant K:1LegalkSHAREDILEGAL-DEV.SVCS12012 Agdnda101-17-201210711-D2,Sigifredo Montemayorl11.29.11 0711-02 Sigifredo Montemayor(RS-6 to CG-2)-PC Recommend.DWBFinal-Revige l f f 12.doc D RG AE 5 COM' 7 W LI 15B V AC . VAC �IG VAC AC R r R E VIV.I T is LDP4 " . k S .ECT �4C. VAC V14C CD �DjP1 QA y C91U�R PROY LDR 13 23 1 LCR 12 LDR LDR 1 ` LDiA VAC LDR VAC LIZrx q qR.'• : A RS- 4 , LOR YD 9 t LDR �pR LRR GACxp. �4,Q" 20 s cots a LDR LRR 8. I9 Dh!1 VAC LI]R 23 OR LDR 40 LDR> VAC LDR 17 : LCR 6 LDR 25 r. LURX LDR 16 d7p a 2A _ AD S 3A 4 LDR Is LpR SDR Lat VAC LDR 2 �P® LDR3 R Vc 9' Pri r o � ' Q.. 400 A sm // 4R tr CASE: 0711-oz E�Cf'lI I Plannh Qo-mmi"Jon & �G a #off Rec��nn�nd-pit iion PR �ryy Da Asa ay From m $ir g'le Family 6 To. " N-1/SIV ighb "hoo.d om-iti�.ercial with a Special Permit u �m ordinance No. USL s city of L4CATlQN MAP i 3 14 P AGENDA MEMORANDUM I852 - for the City Council Meeting January 17, 2012 DATE: January 17, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services constancep@cctexas.com (361)826-3227 Approval of Actions Necessary to Issue Public Property Finance Contractual Obligations for Energy Projects PURPOSE: A. Motion authorizing the appointment of M. E.Allison &Co., Inc. as Financial Advisor for the City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2012. B.- Ordinance by the City Council of the City of Corpus'Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas Public Property Finance Contractual 1 Obligations, Series 2012" in an amount not to exceed $8,000,000, levying an annual - ad valorem tax, within the limitations prescribed by law, for the payment of the contractual obligations; prescribing the form,terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the contractual obligations; authorizing the execution of a Payment Agent/RegistrarAgreement and a Purchase and Investment Letter; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the contractual obligations; and providing an effective date. C. Ordinance appropriating $60,000 from the Unreserved Fund Balance in the No. 2010 Debt Service Fund for the Fiscal Year 2011-2012 debt payment related to the Public Property Finance Contractual Obligations; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $60,000; and declaring an emergency. BACKGROUND AND FINDINGS: As part of a$2,507,500 grant received from the Energy Efficiency and Conservation Block Grant Program, the City of Corpus Christi is required to conduct energy audits and retrofits of selected municipal buildings and selected facilities and infrastructure. In November —147— 2010, McKinstry Essention; Inc. was selected to undertake an audit of City facilities based on a Request for Proposals. As a result of this audit, seven City facilities were identified for retrofits at an estimated cost of$7,300,000. These facilities are: 1. Airport 2. American Bank Center 3. Central Library . 4. City Hall --- 5. Health Department fi. Municipal Courts and Police 7. Museum of Science and History The City is considering entering into an Energy Performance contract with McKinstry Essention, Inc. as a fixed price "design/build" contract where McKinstry Essention, Inc. would act as the weer design engineer and g g contractor. The detailed technical audit for the _ overall project revealed that significant energy savings could be achieved with a ten-year payback of the retrofit costs. These savings will be guaranteed by McKinstry Essention, Inc. as part of a performance contract with a performance audit being conducted annually to verify the annual energy savings. McKinstry Essention, Inc.will pay the cost difference ( if the projected savings are not realized based on Kwh usage. _ In order to finance this project, several different financing tools were examined. Upon consultation with the City's financial advisor and bond counsel, Public Property Finance Contractual Obligations(PPFCO's)were identified as the most cost effective financing tool for this project. Public Property Finance Contractual Obligations are authorized under Subchapter A, -"Public Property Financing Act", Chapter 271 of the Local Government Code and are used to finance personal property and equipment acquisitions for a term not to exceed 25 years. "Personal property" Includes appliances, equipment, facilities, and furnishings, or an interest in personal property; or material. and labor incident to the ' installation of that personal property. It does not include real property. Based on a review of the attached list of projects, bond counsel concluded that these projects qualify to be funded with PPFCO's. Execution of Public Property Finance Contractual Obligations is similar to other debt the City issues. A financial advisor is utilized for the transaction, and appointment of M. E. Allison & Co., Inc. is being recommended in Part A of this agenda item. Part B of this- agenda item authorizes the issuance of the Public Property Finance Contractual Obligations and is structured as a parameter-similar to the City's most recent debt financings. The parameter ordinance authorizes the City Council to delegate to the Mayor, City Manager, and Assistant City Manager for General Government and Operations : Support (i.e., "Authorized Representatives") the authority to effect the sale of the Contractual Obligations subject to the following parameters: (1) the principal amount of each series of the Obligations may not exceed $8,000,000; (2) none of the Obligations shall bear interest at a rate greater than 7% per year; and (3)the Obligations must have a rating issued by a nationally recognized municipal securities ratings organization in one of —148— the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale of the Contractual Obligations to the Authorized Representatives in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. Due to the size of this transaction, it is being structured as a privately-placed loan — meaning that our financial advisor will be soliciting bids to financial institutions. As a result, no underwriters will be needed for this transaction. Part C of this agenda item is appropriating $60,000 from the unreserved fund balance of the Debt Service Fund to pay the first debt payment of interest only in March 2012. This action is needed because this debt issuance was not known at the time the Fiscal Year 2011-2012 was prepared. However, the remaining debt payments will be budgeted in future years accordingly. It should also be noted that any energy savings realized as part of the performance contract will be transferred to the Debt Service Fund each budget year to make the subsequent debt payments. ALTERNATIVES: J nla OTHER CONSIDERATIONS: nla FINANCIAL IMPACT: PART B: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of(date) - - 1 This item - $ 8,000,000 $ - $ 8,000,000 BALANCE - $ 8,000,000 $ - $ 8,000,000 FUND(S):Will be recorded in a new CIP Fund COMMENTS: Although the project is budgeted at $7,300,000, the amount authorized in the parameter ordinance is an amount not to exceed $8,000,000 to give the City the flexibilityto generate $7,300,000 in proceeds for project costs in the event the market becomes unfavorable. —149— PART C: :.:. ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget for interest Payments - $ 15,282,012' $ - $ 15,282,012 Encumbered/Expended amount of(date) This item - $ 60,000 $ - $ 60,000 BALANCE - $ 15,342,012 $ - $ 15,342,012 FUND(S).- Fund 2010 Debt Service Fund COMMENTS: The $60,000 represents the first debt payment of interest only in March 2012. Since this item was unforeseen at the time the operating budget was prepared, this action will add $60,000 to the existing budget of interest payments in the Debt Service Fund for Fiscal Year 2011-2012. Future debt payments will be budgeted accordingly as part of the annual budget process. RECOMMENDATION: Staff recommends that City Council approve each part of this agenda item as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY INON-EMERGENCY: Part B: Issuance of municipal obligations are exempted from the City of Christi's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. Part C: According to Article 11, Section 14 of the City Charter, an item is classified as an "emergency" if it.calls for an "immediate action..necessary for the efficient and effective administration of the city's affairs." Passing this ordinance in one reading encourages operational efficiencies since all transactions and accounting entries relating to this item will be addressed at the same time. -150- DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department — • Engineering Services LIST OF SUPPORTING DOCUMENTS: Exhibit A: Financial Advisor Fee Schedule Exhibit B: Summary of Projects Ordinances cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager -151 - A ., Ac. INVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS And Not More than More than $ $ 250,000 $7,500 plus$20.00 per$1,000 for all over$I50,000 250,000 350,000 $9,500 plus$10.00 per$1,000 for all over$250,000 350,000 500,000 $10,500 plus$8.00 per$1,000 for all over$350,000 i 500,000 700,000 $11,700 plus$7.00 per$1,000 for all over$500,000 700,000 1,000,000 $13.,100 plus$6.00 per$1,000 for all over$700,000 1,000,000 1,500,000 $14,900 plus$5.00 per$1,000 for all over$1,000,000 1,500,000 5,000,000 $I7,400 plus$3.00 per$1,000 for all over$1,500,000 i 5,000,400 10,000,000 $27,900 plus$1.65 per$1,000 for all over$5,000,000 10,000,000 20,000,000 $36,150 plus$1.00 per$1,000 for all over$10,000,000 20,000,000 No Limit $46,150 plus$0.85 per$I,000 for all over$20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation,Refunding,Direct Pay Subsidy or Lease Purchase Obligations,the fee shall be the amount computed from the above schedule,plus 25%. _ --i 52- EXHIBITA - 01 W Facility Improvement Measure (F(M) Summary Fixed. Price Energy Performance Contract (Design/Build) Novembe 8, 2011 $293,504�� ® *2,427 ®� $7,775:... 6.4 AIR -09.01 Lighting Improvements Upgrade the existing interior and exterior Ilghtlng systems with new more efficient lightingtechnologies including g 9 f>° AIR - Airport AIR -16.01 Computer Power Management Install and program a software solution on (56) personal computers within this fatlllty which will reduce energy consumption during periods of inactivity. ® $1,345 $567 $0 2.3 $0 $1,345 1111111111 AIR -26.01 High Efndency Hand Dryers Install (14) new high efficiency hand dryers In select high traffic restrao to replace existing paper towel dispensers In an effort to reduce operational and material costs. • ®® $9,690 7.1 $0IIIM '- 7.1 Air - Airport (Total): $362,086 MIME= 512,027 6.6 ® 5354,311 IIIIMIEEIIMIMI IIIIIIIIIIIMIIIIIMMIIIIIIIIIIIII. 11111111111111.= IIIIIIII 111111.M111= AME -04,0! HVAC Controls Improvements (Selena Auditorium) Install a new energy management control system to optimize the performance of the equipment serving the Selena Auditorium. Includes VFDs on AHU fans and demand controlled ventilation technology. AME - American Bank Center $135,389 $26,884 50 5.0 $0 $135,389 5.0 AME -09.01 Lighting Improvements (Arena) Upgrade the existing Interior and exterior lighting systems with new more efficient lighting technologies including AME - American Bank Center 5191,840 $36,100 $4,077 ® $7.163 4.6 AME -09.01 Ughting Improvements (Convention Upgrade the existing interior and exterior lighting systems with new more efficient lighting technologies Including AME - American Bank Center 5494,906 $87,660 $5,172 EMI= $473,518 '. 5.1 AME -09.01 lighting Improvements (Selena Upgrade the existing interior and exterior lighting systems with new more efficient lighting technologies Induding AME - American Bank Center ® $7,798 $304 3.1 51,259 $23,876 ' 2.9 AME -1601 Computer Power Management Install and program a software solution on (62) computers within this fadlity which will reduce energy consumption AME - American Bank Center 51,489 $650 $0 2.3 50 $1,489 =MI AME -1602 Vending Power Management Install energy saving devices on (6) cold drink and (2) non- refrigerated snack machines to reduce equipment AME ,_American Bank Center $3.138 $712 50 4.4 50 $3,138 AME -25.01. Retro- Commissioning (Convention Center & Arena) Provide retro -commissioning of the equipment located at the Convention Center & Arena In an effort to improve the overall energy performance of the facility. The existing HVAC control systems will also be enhanced and integrated onto the new dty-wide user graphical Interface AME - American Bank Center $378,436 $36,569 $9 10.3 50 $378,436 10.3 AME - American Bank Center (Total): - *1,230,324 5196,373 59,553 6.0 529,801 $1,200,523 IIIIIIIIIIIMIIIIIIIIIIIIIIIIII CEN -04.01 HVAC Controls Improvements Instill a new energy management control system to optimize the performance of the equipment serving this facility. Includes VFDs on AHU Fans and demand controlled ventiiatlon technology on select AHUs. CEN - Central Library $277,602 $26,833 $0 10.4 $9 $277,802 10.4 CEN -09.01 lighting Improvements Upgrade the existing Interior and exterior lighting systems with new more efficient lighting technologies including' $145,865 $20,529 ®® $5,075 $139,790 6.1 CEN -16.01 Computer Power Management Install and program a software solution on (90) computers within this facility which wIS reduce energy consumption CEN - Central Library $2,161 $3,940 $0Mil $fl $2,161 MEI CEN -16.02 Vending Power Mane - Management install energy saving devices on (2) cold drink and (1) non- non - refrigerated snack machines to reduce equipment CEN - Central Library $267 50 4.0 $9=ill 4.0 CEN - Central Library (Total): $426, 969 49579 $, 52,317 IIM:23IM -----111.1=1111 56,075 5420x894 CIT -02.01 Primary Chillers & Cooling Tower Improvements Install (2) new electrical 200 -Ton water-cooled chillers In place of the existing aged absorption chillers which have reached the end of their useful life. This measure also includes the Installation of a new more efficient cooling tower and backup diesel generator with a 24 hour fuel CIT - City Hall • 51,418,603 (56,956) 5155,000 9.6 $0 51,418,603 -. 9.6 C[r-02.02 IT Chiller Improvements Replace the existing IT area electric chiller with a new more efficient 40 Ton water-cooled electric chiller. Excludes the Installation of new AHUs In the served area. CIT - City Hall $149,693. ® $3,900 Mil 50 5109,693 14.5 CIT -04.01 HVAC Controls Improvements CIT -09.01 Lighting Improvements CIT -16.01 Computer Power Management CIT -16.02 Vending Power Management C1T-26.01 High Efficiency Hand Dryers HEA -09.01 Lighting Improvements HEA -16.01 Computer Power Management HEA -16,02 Vending Power Management HEA -25.01 Commissioning MUN-04.01 HVAC Equipment & Controls Improvements MUN-09.01 Lighting Improvements MUN-16.01 Computer Power Management MUS -04.01 HVAC Controls improvements MUS -09.01 Lighting Improvements MUS -16.01 Computer Power Management This measure involves the Installation of VFDs and Demand Controlled Ventilation technology on the (4) dedicated Upgradetheexisting Interior and exterior lighting systems with new more efficient fighting technologies including Install and program a software solution on (1,057) computers within this facility which will reduce energy Install energy saving devices on (8) cold drink and (2) non - refrigerated snack machines to reduce equipment -- • • Install (14) new high effldency hand dryers In select high traffic restrooms to replace existing paper towel dispensers In an effort to reduce operational and material costs. CIT - Clty Hall (Total): Upgrade the existing Interior and exterior lighting systems with new.moreeffldent lighting technologies Including Install and program a software solution an (204) computers within this fadilty which will reduce energy Install energy saving devices on (3) cold drink and (2) non - refrigerated snack machines to reduce equipment HEA - Health Department (Total): Replace approximately (26) air -handling units, (125) VAV boxes and install a new energy management control system to optimize the performance of the equipment serving this facility. Includes VFDs on Fans and Pumps and demand controlled ventilation technology on select AHUs. Upgrade the existing interior and exterior lighting systems with new more efficient lighting technologies Including Install and program a software solution on (920) computers within this facility which will reduce energy MUN (Municipal Courts and Police (Total): Integrate the existing HVAC controls systems onto the new dty-wide graphical user interface. Install new variable_ frequency drives and demand controlled ventilation technology on the air -handling equipment. Provide retro - commissioning of the existing equipment to Improve the overall energy performance of the facility. Upgrade the existing Interior and exterior lighting systems with new more efficient lighting technologies Including Install and program a softwaresolution on (20) computers within this facility which will reduce energy consumption MUS - Museum of Science and History (Total): Contingencies and reimbursements CIT - City Hall CIT - Clty Hall CIT - Clty Halt CIF - City Hall HEA - Health Department HEA - Health Department HEA - Health Department MUN - Munldpai Courts and Police MUN - Municipal Courts and Police MUN - Municipal Courts and Police MEN= 1111MMI11111- $113,822 $426,270 825,382 $67,237 $2,165,001 $16,606 $11,087 $1,255 ($172) $0 $4,443 $0 $0 $9,600 11=1111:11111:111 $106,134 .$290,539 $1,779,545 $260,918 $22,090 $2,062,553 MUS - Museum or Science and l-fstary MUS - Museum of Silence and MUS - Museum of Sdence and T $132,182 $2,049 $492 $15,090 $0 $0 $0 2.3 3.2 7.1 $0 $14,900 $0 $0 814,900 $113,822 $411,370 $25,382 $3,994 $67,237 $2,150,101 7.8 2.4 7.0 --- $31,965 $43,652 $84,858 $36,881 $480 $6,950,000 $350;000 $7,300,000 $200 $16,624 $3,570 $0 *20,194 $o $4,788 $0 $4,788 36.6 5.5 2.4 3.6 9.4 0 $7,838 $0 $0 50 $7,838 $0 $9,688 $9,688 80 $12,638 80 $12,638 --- $559,349 $223,395 11111111111 $88,715 8159,815 $4,899 $1,853 $106,134 $282,701 $1,779,545 $251,230 $22,090 $2,052,865 $132,182 $267,228 $480 $399,890 $6,861,285 6.9 6.4 12.3 3.2 71 8.3 7.5 2.4 3.8 7.0 7.0 36.6 5.3 2.4 3.6 9.0 2.4 6.0 DRAFT OF 12/21/2011 ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2012", IN AN AMOUNT NOT — TO EXCEED $8,000,000, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE CONTRACTUAL OBLIGATIONS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE,AND DELIVERY OF THE CONTRACTUAL OBLIGATIONS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO - EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE CONTRACTUAL OBLIGATIONS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to the provisions of the Public Property Finance Act, as amended, ` Texas Local Government Code, Subchapter A of Chapter 271 (the Act), the City Council (the Governing Body) of the City of Corpus Christi, Texas (the City and/or Issuer) is authorized and empowered to execute,perform,and.make payments under contracts with any person for the.use, acquisition, or purchase, or the financing thereof, of personal property; _. WHEREAS, in accordance with the provisions of the Act, the Governing Body hereby finds and determines that the acquisition, use, or purchase, or the financing thereof, of certain items' of personal property identified in Exhibit A attached hereto, or such other personal property, appliances, equipment, furnishings, or interests therein, considered by the Governing Body to be necessary, useful, and/or appropriate for purposes of the Issuer, as evidenced by a resolution or ordinance adopted by the Governing Body, should be financed under and pursuant to one or more contracts to be executed, performed, and made on the terms and in the form hereinafter prescribed; WHEREAS, the Governing Body hereby finds and deter imi es that the issuance of the contractual obligations is in the best:interests of the citizens of the Issuer;now,therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: Authorization - Designation - Principal Amount - Purpose. Contractual obligations of the Issuer shall be and are hereby authorized to be issued in the aggregate principal 81044549.4 amount of MILLION HUNDRED THOUSAND AND NO1100 DOLLARS ($ }, .to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2012" (the Obligations), for the purpose of providing funds for(1)the acquisition of property and equipment related thereto and(2)the payment of professional services related to the acquisition and financing of the aforementioned projects, all in conformity with the laws of the State of Texas, particularly Subchapter A, Chapter 271, as amended, Texas Local Government Code, the City's Home Rule Charter, and an ordinance adopted by the Governing Body on January 17,2012. As authorized by Chapter 1371, as amended, Texas Government Code (Chapter 1371), the Mayor of the Issuer, the City Manager of the Issuer, and the Assistant City Manager for General Government and Operations Support (each of the foregoing, individually, an Authorized Official) are hereby authorized, appointed, and designated as the officers of the Issuer authorized to individually act on behalf of the Issuer in selling and delivering the Obligations authorized herein and carrying out the procedures specified in this Ordinance, including approval of the aggregate principal amount of each maturity of the Obligations, the redemption provisions therefor, the Dated Date thereof, and the rate of interest to be borne on the principal amount of each such maturity. Each Authorized Official, acting for and on behalf of the Issuer, is authorized to execute the Approval Certificate attached hereto as Schedule I. The Obligations shall be issued in the principal amount not to exceed $8,000,000; the maximum maturity of the Obligations will be March 1, 2031; and the net effective per annum interest rate shall not exceed a rate greater than 7.0% per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. Lastly, each Authorized Official is authorized to select the bond insurer, if any, with respect to the Obligations. The execution of the Approval Certificate shall evidence the sale date of the Obligations by the Issuer to the Purchasers in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, the Obligations shall not be delivered unless prior to their initial delivery,the Obligations have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates — Dated Date. The Obligations shall be issued as fully registered obligations, without coupons,shall be dated November 1, 2011 (the Dated Date) and shall be in denominations of$5,000 or any integral.multiple thereof, shall be lettered "R-" and numbered consecutively from one (1) upward and principal shall become due and payable on March 1 in each of the years (the Stated Maturities) and in the amounts and bear interest at the rates per annum in accordance with the following schedule: Years of.PMMent Dates Installment Amounts.($) Interest Rated%o) 81044549.4 2156- i 1 3 i i 11 I The Obligations shall bear interest on the unpaid principal amounts from the Closing { Date (hereafter defined), or from the most recent Interest Payment Date to which interest has been paid or duly provided for,to Stated Maturity or prior redemption, while Outstanding, at the rates per.annum shown in the above schedule (calculated on the basis of a 360-day year of twelve 30-day months). . Interest on the Obligations shall be payable on March 1 and September 1 in each year, commencing March 1, 2012 (the Interest Payment Date), while the Obligations are Outstanding. SECTION 3: Payment of Obligations - PayingAgent/Registrar. The principal of, premium, if any, and the interest on the Obligations, due and payable by reason of Stated Maturity, redemption or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of,premium, if any, and interest on the Obligations shall be without exchange or collection charges to the Holder(as hereinafter defined) of the Obligations. The selection and appointment of Texas (the Paying Agent/Registrar), to serve as the initial Paying Agent/Registrar for the Obligations is hereby approved and confirmed, and the Issuer agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Obligations, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, .in substantially final form, as Exhibit B-hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the Issuer may prescribe. The Issuer _ covenants to maintain and provide a Paying Agent/Registrar at all times while the Obligations are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or(ii)-an'association or a corlioration°organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. 81044544.4 3 157— The 'Issuer reserves the right to -appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the Issuer agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Obligations by United States mail, first-class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Obligations, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Obligations appearing on the Security Register (the Holder or Holders) maintained on behalf of the Issuer by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest on the Obligations, (ii) on the date of surrender of the Obligations for purposes of receiving payment of principal thereof at the Obligations' Stated Maturity or upon redemption of the Obligations, and (iii) on any other date for any other purpose. The Issuer and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of an Obligation for purposes of receiving payment and all other purposes whatsoever, and neither the Issuer nor the Paying Agent/Registrar, or any agent of either,shall be affected by notice to the contrary. Principal of and premium, if any, on the Obligations shall be payable only upon presentation and surrender of the Obligations to the Paying Agent/Registrar at its corporate trust office. . Interest on the Obligations shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Obligations (the Record Date) and shall be paid (i)by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii)by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Obligations shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Obligations was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty(30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been teceived from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the SpeciaiRecord Date. by United States mail, first-class postage prepaid, to the,address .of each. - Holder of an Obligation appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. 51044549.4 4l 58— SECTION 4: Redemption. A. Optional Redemption. The Obligations having Stated Maturities on and after March 1, shall be subject to redemption prior to Stated Maturity, at the option of the Issuer, on March 1, or on any date thereafter, in whole or in part, in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par plus accrued interest to the date of redemption. B. Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Obligations (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the Issuer shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Obligations, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the Issuer to exercise the right to redeem Obligations shall be entered in the minutes of the governing body of the Issuer. C. Selection of Obligations for Redemption. If less than all Outstanding Obligations of the same Stated Maturity are to be redeemed on a redemption date,the Paying Agent/Registrar shall select at random and by lot the Obligations to be redeemed, provided that if less than the entire principal amount of an Obligation is to be redeemed,the Paying Agent/Registrar shall treat such Obligation then subject to redemption as representing the number of Obligations Outstanding which is obtained by dividing the principal amount of such Obligation by$5,000. D. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Obligations, a notice of redemption shall be sent by United States Mail, first-class postage prepaid, in the name of the Issuer and at the Issuer's expense, by the Paying Agent/Registrar to each Holder of an Obligation to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively espective of whether received by the Holder. presumed to have been duly given irr All notices of redemption shall (i) specify the date of redemption for the Obligations, (ii) identify the Obligations to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Obligations, or the portion of the principal amount thereof to be redeemed, i shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Obligations, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If an Obligation is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Obligation (or the principalamount thereof-to be`redeemed) so called for redemption shall become''due"'an payable, and if money sufficient for the payment of such Obligations (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on said Obligations (or the principal amount thereof to be redeemed) called for 81044549.4 _159— redemption shall cease to accrue; and such Obligations-shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York,New York(including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Additionally, this notice may also be sent by the Issuer to any registered securities depository and to any national information service that disseminates redemption notices. E. Transfer/Exchange of Obligations. Neither the Issuer nor the Paying Agent/Registrar shall be required to transfer or exchange any Obligation during a.period beginning forty-five (45) days prior to the date fixed for redemption of the Obligations or to transfer or exchange any Obligation selected for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of an, Obligation which is subject to redemption in part. SECTION 5: Execution - Revistration. The Obligations shall be executed on behalf of the Issuer by its Mayor under the seal of the Issuer reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Obligations may be manual or facsimile. Obligations bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the Issuer shall bind the Issuer, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Obligations to the Purchasers (hereinafter defined), all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Obligation shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Obligation either a certificate of registration substantially in the farm provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Obligation shall be conclusive evidence, and the only evidence, that such Obligation has been duly certified or registered and delivered. SECTION 6: Registration - Transfer - Exchange_,.of Obligations - Predecessor Obligations. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Obligations, or, if appropriate, the nominee thereof. Any Obligation may, in accordance with its terms and the terms hereof, be transferred or exchanged for Obligations of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Obligation to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form - satisfactory, to the Paying Agent/Registrar. - Upon surrender for transfer of any Obligation at the corporate trust office of the Paying Agent/Registrar, the Issuer shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Obligations of 81044549.4 6 160— authorized denomination and having the.same Stated Maturity and .of a like interest rate and aggregate principal amount as the Obligation or Obligations surrendered for transfer. At the option of the Holder, Obligations may be exchanged for other Obligations of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Obligations surrendered for exchange upon surrender of the Obligations to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Obligations are so surrendered for exchange, the Issuer shall execute, and the Paying Agent/Registrar shall register and deliver, the Obligations to the Holder requesting the exchange. All Obligations issued upon any transfer or exchange of Obligations shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the Issuer, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Obligations surrendered upon such transfer or exchange. All transfers or exchanges of Obligations pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the - Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Obligations canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Obligations, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Obligation or Obligations registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Obligations shall include any Obligation registered and delivered pursuant to Section 17 in lieu of a jmutilated, lost, destroyed, or stolen Obligation which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Obligation. SECTION 7: Initial Obligations. The Obligations herein authorized shall be initially issued as a single fully registered Obligation in the aggregate principal amount of$ with principal installments to become due.and payable as provided in Section 2 hereof and numbered T-1 (the Initial Obligations), and the Initial Obligations shall be registered in the name of the Purchasers or the designee thereof. The Initial Obligations shall be the Obligations submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Obligations, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Obligations delivered hereunder and exchange therefor Definitive Obligations of like kind and Of authorized denominations."StatedMaturities;principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. 81044549.4 7y &1, SECTION 8: FORMS:` A. Forms Generall . The Obligations,the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Obligations shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Obligations, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the Issuer or determined by the officers executing the Obligations as evidenced by their execution thereof Any portion of the text of any Obligation may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Obligation. The definitive Obligations shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Obligations as evidenced by their execution thereof, but the Initial Obligation(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. - 81444549.4 1162- B. Form.of Definitive_Obli ation. REGISTERED REGISTERED NO. PRINCIPAL AMOUNT United States of America State of Texas Counties of Nueces,Aransas,Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2012 Dated Date: Interest Rate: Stated Maturity: CUSIP NO: November 1, 2011 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Corpus Christi Texas (the Issuer), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above,the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Closing Date, or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on March 1 and September 1 of each year -� commencing March 1,2012. Principal on this Obligation shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Obligation (or one or more Predecessor Obligations, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Obligation shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of `public and private debts "Inteerest shall be-paid by the Paying"Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 81044549.4 2163- This Obligation is one of the series specified in.its title issued in the aggregate principal-- amount of $ (the Obligations) pursuant to an ordinance adopted by the Governing Body of the Issuer(the Ordinance), for the purpose of providing funds for(1)the acquisition of a fire truck and equipment related thereto and (2)the payment of professional services related to the acquisition and financing of the aforementioned projects; and, all in conformity with the laws of the State of Texas, including Subchapter A, Chapter 271, as amended, Texas Local. Government Code, Chapter 1371, as amended, Texas Government Code, the City's Home Rule Charter, and the Ordinance. --- As specified in the Ordinance, the Obligations having Stated Maturities on and after March 1, shall be subject to redemption prior to Stated Maturity, at the option of the Issuer, on March 1, or on any date thereafter, in whole or in part in principal amounts of$5,000 or any integral multiple thereof(and if within. a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par, together with accrued interest to the date of redemption, and upon thirty(30) days prior written notice being given by United States mail, first-class postage prepaid, to the Holders of the Obligations to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Obligation is subject to redemption prior to Stated Maturity and is in a denomination in excess of$5,000, portions of the principal sum hereof in installments of$5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall.be issued, without charge therefor, to the Holder hereof, upon the surrender of this Obligation o the Paying Agent/Registrar at its corporate trust office, a new Obligation or Obligations of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Obligation (or any portion of the principal sum hereolj shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Obligation(or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Obligation is called for redemption, in whole or in part, the Issuer or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Obligation within forty-five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Obligations of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property.-within the Issuer within the.limitat ons prescribed by law. - Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Obligations; the terms and conditions relating to $1044549,4 1 64- the. transfer or exchange of the Obligations;.the conditions..upon.which the Ordinance,may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the Issuer and the Paying Agent/Registrar; the terms and provisions upon which this Obligation may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Obligation, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Obligations of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the { same aggregate principal amount will be issued to the designated transferee or transferees. The Issuer and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this 3 Obligation as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and(iii) on any other date as the owner hereof for all other purposes, and neither the Issuer nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Obligation in order to render the same a legal, valid, and binding obligation of the Issuer have been performed, exist, and have been done, in regular and due time, form, and manner, as required by law, and that issuance of the Obligations does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of,premium if any, and interest on the Obligations by the levy of a tax as aforestated. In case any provision in this Obligation or any application thereof shall be deemed.invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or timpaired thereby. The terms and provisions of this Obligation and the Ordinance shall be construed m. accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 81044549.4 1 65- J IN WITNESS WHEREOF, the Issuer has caused-thus Obligation to be duly executed under its official seal. CITY OF CORPUS CHRISTI, TEXAS By Mayor ATTEST: City Secretary (CITY SEAL) C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Obligations Only. REGISTRATION CERTIFICATE, OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § § REGISTER NO. THE STATE OF TEXAS § I HEREBY CERTIFY that this Obligation has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Not to appear on printed Obligations. D. Form .of Certificate of Paving Agent/Registrar to Appear on Definitive Obligations Only. 81044549.4 1�i 66— m.. ...,. __. . REGISTRATION CERTIFICATE.OF,,PAYING AGENT/REGISTRAR. . This Obligation has been duly issued under the provisions of the within-mentioned Ordinance; the Obligation or Obligations of the above-entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: , as Paying Agent/Registrar By: Authorized Signature E. Form of AssiMent. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Obligation and all rights thereunder, and hereby irrevocably constitutes and appoints- attorney to transfer the within Obligation on the books kept for registration thereof,with full power of substitution in the premises. E } DATED: 1 NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within• Obligation in every particular. Signature guaranteed: F. The Initial Obligations shall be in the respective forms set forth.in paragraph B of = this Section exce t that the form of a single fully registered Initial Obligation shall be modified as follows:... (i) immediately under the name of the Obligation(s) the headings "Interest Rate " and"Stated Maturity " shall both be completed"as shown below"; (ii) the first two paragraphs shall read as follows: 81044549.4 1) 67- IL 7_'r .Registered Owner: Principal Amount: The City of Corpus Christi, Texas (the Issuer), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above,or the registered assigns thereof,the Principal Amount specified -- above on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Payment Dates Installment Amounts($) Interest RatesL%ol (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Closing Date (anticipated to be , 2011) or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has'become due and payment thereof has been made or duly provided for, at the per annum rates of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on March 1 and September 1 of each year; commencing March 1, 2012. Principal of this Obligation shall be payable to the Registered Owner hereof(the Holder), upon its presentation and surrender, at the- corporate trust office of- - - - Texas(the Paying Agent/Registrar). Interest shall be payable to the Holder of this Obligation whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Obligation shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United Stateg mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof G. Insurance„Leg end. If bond insurance is obtained by the Issuer or the Purchasers for the Obligations, the Definitive Obligations and the Initial Obligations shall bear an appropriate legend as provided by the insurer. SECTION 9: Definitions. F.or all purposes,of this Ordinance,(as.,defined below), except as otherwise expressly provided or unless the context otherwise requires: (i)the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 19 and 36 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other 81044549.4 68— "herein", "hereof', and subdivisions of this-Ordinance as originally adopted; and (iii)the words "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor of the Issuer, the City Manager of the Issuer, and the Assistant City Manager for General Government and Operations Support. B. The term Closing Date shall mean the date of physical delivery of the Initial Obligations in exchange for the payment in full by the Purchasers. i C. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the Issuer as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. D. The term Depository shall mean an official depository bank of the Issuer. E. The term Government Securities, as used herein, shall mean(i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by,the United States of America; (ii) noncallable obligations of an agency or instrumentality of the 1 United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; or (iii)noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. F. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Obligation. G. The term Interest Payment Date shall mean the date interest is payable on the Obligations, being March.l and September 1 of each year, commencing March 1, 2012, while any of the Obligations remain Outstanding. H. The term Issuer shall mean the City of Corpus Christi, Texas located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the Governing Body of the City. 81044549.4 1 69- T: The term Obligation Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. J. The term Obligations shall mean the $7,500,000 "CITY OF CORPUS CHRISTI, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2012" authorized by this Ordinance. K. The term Ordinance shall mean this ordinance finally adopted by the Governing _- Body of the Issuer on January 17,2012. L. The term Outstanding when used in this Ordinance with respect to Obligations shall mean, as of the date of determination, all Obligations issued and delivered under this Ordinance, except: (1) those Obligations canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Obligations for which payment has been duly provided by the Issuer in accordance with the provisions of Section 21 of this Ordinance; and (3) those Obligations that have been mutilated, destroyed, lost, or stolen and replacement Obligations have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Obligations named in Section 18 of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Obligations payable on March 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10: Obligation Fund—Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Obligations, there shall be and is hereby created a special Fund to be designated "PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2012, INTEREST AND SINKING FUND" (the Obligation Fund, which Fund shall be kept and maintained at the Depository, and money deposited in such Fund shall be used for no other purpose and shall be maintained as provided in Section 19. Authorized Officials of the Issuer are hereby authorized and directed to make withdrawals from the Obligation Fund sufficient to pay the principal of, premium, if any, and interest on the Obligations as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Obligation Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Obligations, such transfer of fluids to the Paying Agent/Registrar to be made in such manner as will cause immediately available fiends to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Obligations. Pending the transfer of fiends to the Paying Agent/Registrar, money in any Fund created and established by this Ordinance, at the option of the Issuer, may be placed in time deposits, 81044549.4 70— certificates of deposit; guaranteed investment contracts or similar contractual_agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by _ any law, including investments held in book-entry form, in securities including, but not limited to, direct obligations of the United States of America,.obligations guaranteed or insured by the United States of America,which, in the opinion of the Attomey General of the United States, are _ backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such Fund will be available at the proper time or times. All interest and income derived from deposits and investments in such Fund shall be credited to, and any losses debited to, such Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Obligations. SECTION 11: Tax Levy. To provide for the payment of the Debt Service Requirements on the Obligations being (i)the interest on the Obligations and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Obligations or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the Issuer, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment.of the Debt Service Requirements, and the same shall not be diverted to i any other purpose. The taxes so levied and collected shall be paid into the Obligation Fund and are thereafter pledged to the payment of the Obligations. The Governing Body hereby declares its purpose and intent to provide and levy a. tax legally and fully sufficient to pay such Debt that the existing and available taxing authority Service Requirements, it having been determined of the Issuer for suchpmP ose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the Issuer. SECTION 12: Deposits to Obligation Fund_— Surplus Obligation Proceeds. The Issuer hereby covenants and agrees to cause to be deposited in the Obligation Fund prior to a principal and interest payment date for the Obligations, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Obligations as the same accrues or matures or comes due by reason of Stated Maturity.' Accrued interest, if any, received from the Purchasers of the Obligations shall be deposited to the Obligation Fund. In addition, any surplus proceeds from the sale of the Obligations, including investment income thereon, not expended for authorized purposes, as described in Section 1 hereof, shall be deposited in the Obligation Fund, and such amounts so 81044549.4 1 _ deposited shall reduce-the sums otherwise required to be deposited in said Fund from ad valorem. taxes. SECTION 13: Security of Funds. All money on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 14: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the Issuer covenants and agrees particularly that in the event the Issuer(a) defaults in the payments to be made to the Obligation Fund or(b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Obligations shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the Issuer and other officers of the Issuer to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or j acquiescence therein, and every such right and power may be exercised from time to time and as - { often as may be deemed expedient. The specific remedies herein provided shall be cumulative of 3 all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15: Notices to Holders — Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Holder as it appears in the Security Register. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 16: Cancellation. All Obligations surrendered for payment, transfer, redemption, exchange, or replacement, if surrendered .to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by' 'the Paying Agent/Registrar. The Issuer may at any time deliver to the Paying Agent/Registrar for cancellation any Obligations previously certified or registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Obligations so delivered shall be promptly 81044544.4 1$, 72- canceled by the ..Paying..,.Agent/Registrar. _. All.:.canceled Obligations held.. by..the Paying . Agent/Registrar shall be destroyed as directed by the Issuer. SECTION 17: Mutilated, Destroyed, Lost, and Stolen Oblations. If(1) any mutilated Obligation is surrendered to the Paying Agent/Registrar, or the Issuer and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Obligation, and (2)there is delivered to the Issuer and the Paying Agent/Registrar such security or indemnity as may be required to save each of there harmless,then, in the absence of notice to the Issuer or the Paying Agent/Registrar that such Obligation has been acquired by a bona fide purchaser,the Issuer shall execute and,upon its request,the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Obligation, a new Obligation of the same Stated Maturity and interest rate and of like tenor and principal amount,bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Obligation has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Obligation, pay such Obligation. Upon the issuance of any new Obligation or payment in lieu thereof under this Section, the Issuer may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Obligation issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Obligation shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Obligation shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Obligations. 3 ' The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Obligations. SECTION 18: Sale of Obligations — Authorization of Purchase Contract. The Obligations authorized by this Ordinance are hereby sold to Texas (the Purchasers, having all the rights, benefits, and obligations of a Holder), in accordance with the provisions of a Purchase and Investment Letter dated _ , 2011 (the Purchase Contract) attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Obligation shall be registered in the name of The pricing and terms of the sale of the Obligations are hereby found and determined to be the most advantageous reasonably obtainable by the Issuer. Each Authorized Official is hereby authorized and directed to execute the Purchase Contract for and on behalf of the Issuer and as the act and deed of the Governing Body, and in regard to the approval and execution of the Purchase Contract, the Governing Body hereby finds, determines and declares that the representations, warranties, and agreements of the Issuer contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the Issuer. 8I044549.4 9 Delivery of the Obligations to the Purchaseis shall occur:as---soon as practicable after the adoption of this Ordinance,upon payment therefor in accordance with the terms of the Purchase Contract. Proceeds from the sale of the Obligations shall be applied as follows: _ (1) Accrued interest(in the amount of$ ), received from the -Purchasers shall be deposited into the Obligation Fund,, (2) The balance of the proceeds derived from the sale of the Obligations (after paying costs of issuance) shall be deposited into the special acquisition and/or construction account or accounts created for the projects to be constructed with the proceeds of the Obligations. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Obligations pending completion of construction of the projects financed with such proceeds shall-be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall'be expended in accordance with Section 12 of this Ordinance. SECTION 19: Covenants to Maintain Tax-Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148-1(b) of the Regulations. Gros Proceeds means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section. 1.148-1(c) of the Regulations, of the Obligations. Investment has the meaning set forth in Section 1.148-1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Obligations are invested and which is not acquired to carry out the governmental purposes of the Obligations. Rebate Amount has the meaning set forth in Section 1.148-1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Obligations. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final 81044549.4 20 —174— f J.- . Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148-5 of the { Regulations; and (2) the Obligations has the meaning set forth in Section 1.148-4 of the Regulations. lL B. Not to Cause Interest to Become Taxable. The Issuer shall not use,permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, j construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively,would cause the interest.on any Obligations to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and,until the Issuer receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Obligation, the Issuer shall comply with each of the specific covenants in this Section. C. No Private Use or Private Pa, rMents. Except to the extent that it will not cause the Obligations to become "private activity bonds" within the meaning of section 141 of the Code j and the Regulations and rulings thereunder, the Issuer shall at all times prior to the last Stated Maturity of Obligations: (1) exclusively own, operate and possess all property Ythe acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds of the Obligations, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity(including the United States or any agency, department and instrumentality thereof) other than a state or local government,unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Obligations or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the Issuer or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. Private Loan. Except to the extent that it will not cause the Obligations to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the Issuer shall not use Gross Proceeds of the Obligations to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a 81044549.4 2 _ person or entity if. (F)proper'"acquired, constructed or improved With such Gross Proceeds i5 sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (ii) capacity in or service from such property is committed to such person or entity under a take-or-pap, output or similar contract or arrangement; or (iii) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. - E. Not to Invest at Hi her Yield. Except to the extent that it will cause the Obligations to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not at any time prior to the final Stated Maturity of the Obligations directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of,materially exceeds the Yield of the Obligations. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the Issuer shall not take or omit to take any action which would cause the Obligations to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The Issuer shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 1480 of the Code and the Regulations and rulings thereunder: (1) The Issuer shall account for all Gross Proceeds (including all receipts, expenditures and-investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all - records of accounting for at least six years after the day on which the last Outstanding Obligation is discharged. However, to the extent permitted by law, the Issuer may commingle Gross Proceeds of the Obligations with other money of the Issuer, provided that the Issuer separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the Issuer shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The Issuer shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Obligations until six years after the final Computation Date. (3) "- As additional-'consideration for the purchase of the Obligations by the` Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the Issuer shall pay to the United States out of the Obligation Fund or its general fund, as permitted by 81044549.4 22 --176— applicable :Texas statute, regulation.or opinion of the Attorney..General of,the State of Texas,the amount that when added to the future value of previous rebate payments made for the Obligations equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the ,Rebate Amount on such date; and (ii)in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and -- shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The Issuer shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and(3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Obligations, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this 3 Section because such transaction results in a smaller profit or a larger loss than would have j resulted if the transaction had been at arm's length and had the Yield of the Obligations not been relevant to either party. J. Obli ag tions Not Hedge Bonds. (1) The Issuer reasonably expects to spend at least 85% of the spendable proceeds of the Obligations within three years after such Obligations are issued. I (2) Not more than 50% of the proceeds of the Obligations will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Elections. The Issuer hereby directs and authorizes the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, City Secretary, or City Attorney, either or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Obligations. Such elections shall be deemed to be made on the Closing Date. _ SECTION 20: Control and Custody of Obligations. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the 81044549.4 2) 77- Obligations pending- their approval by the Attorney General, the registration-thereof by the Comptroller of Public Accounts and the delivery of the Obligations to the Purchasers. Furthermore, the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, City Secretary, or City Attorney, either or all, are hereby authorized and directed to furnish and execute such documents relating to the Issuer and its financial affairs as may be necessary for the issuance of the Obligations,the approval of the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas and,together with the Issuer's financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Obligations to the.Purchasers and the initial exchange thereof for definitive Obligations. SECTION 21: Satisfaction of Obligation of Issuer. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Obligations, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the Issuer to the Holders shall thereupon cease,terminate, and be discharged and satisfied. Obligations, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i)money sufficient to pay in full such Obligations or the principal amount(s) thereof at Stated Maturity, together with all interest.due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment; of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Obligations, or the principal amount(s) thereof, at the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. The Issuer covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Obligations to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 19 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Obligations, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the Issuer or deposited as directed by the Issuer. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Obligations and remaining unc,laimed for a,period of three (3),.years after the Stated Maturity or = applicable redemption date of the Obligations such money was deposited and is held in trust to pay shall upon the request of the Issuer be remitted to the Issuer against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. 81044549.4 8 Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Obligations that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance,the Issuer expressly reserves the right to call the defeased Obligations for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Obligations immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of(i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Obligations, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Obligations. SECTION 22: Printed Opinion. The Purchasers' obligation to accept delivery. of the Obligations is subject to its being furnished a final opinion of Fulbright&Jaworski L.L.P., as Bond Counsel, approving certain legal matters as to the Obligations, said opinion to be dated and delivered as of the date of initial delivery and payment for such Obligations. Printing of a true and correct copy of this opinion on the reverse side of each of the Obligations, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the Issuer is hereby approved and authorized. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Obligations. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Obligations shall be of no significance or effect as regards the legality thereof, and neither the Issuer nor attorneys approving said Obligations as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Obligations. SECTION 24: Effect of Headin s. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 25: Ordinance a Contract; Amendments - Outstandina Obligations._ The Issuer acknowledges that the covenants and obligations of the Issuer herein contained are a material inducement to the purchase of the Obligations. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the Issuer and its successors and assigns, and shall not be amended or repealed by the Issuer so long as any Obligation remains Outstanding except as permitted in this Section. The Issuer may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency,or formal defect or omission herein. In addition, the Issuer may, with the written consent of Holders holding a majority in aggregate principal amount of the Obligations then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided, however that, without the consent of all Holders of Outstanding Obligations, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, and - interest on the Obligations,reduce the principal amount thereof,the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, or interest on the Obligations, (2) give any preference to any Obligation over any other Obligation, or (3) reduce the aggregate principal amount of Obligations required for consent to any such amendment, addition, or rescission. 81044549.4 217 9_ SECTION 26:-Beneits of Ordinance.- Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the Issuer, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable,under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the Issuer, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 27: Inconsistent Provisions. All ordinances and resolutions, or parts thereof, -"- which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of.the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Governin Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 30: Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid,the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 31: Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Governing Body. - SECTION 32: Authorization of Paving Agent/Registrar Agreement. The Governing Body of the Issuer hereby finds and determines that it is in the best interest of the Issuer to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, and transferability of the Obligations. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit B and is incorporated by reference to the provisions of this Ordinance. SECTION 33: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is finally adopted was open to the public and public notice of the .time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas - Government Code. - m SECTION 34: Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner 81044549.4 2 80— and at such time or times as in the judgment of the Issuer or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 35: No Recourse Against Issuer Officials. No recourse shall be had for the payment of principal of, premium, if any, or.interest on any Obligation or for any claim based. . thereon or on this Ordinance against any official of the Issuer or any person executing any Obligation. SECTION 36: Continuin Disclosure Undertaking. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: Rule means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. The Obligations are being sold pursuant to a private placement with the Purchasers, in denominations of generally $100,000 or any integral multiple of$5,000 in excess thereof, to less than thirty-five sophisticated investors, and therefore the Rule is not applicable to the offering of the Obligations. Accordingly, no contract to provide continuing disclosure information after the issuance of the Obligations has been made by the Issuer with investors. SECTION 37: Book-En Only System. It is intended that the Obligations initially be registered so as to participate in a securities depository system(the DTC System)with the Depository Trust Company,New York,New York, or any successor entity thereto (DTC'), as set forth herein. Each Stated Maturity of the Obligations shall be issued(following cancellation of the Initial Obligations described in Section 7) in the form of a separate single definitive Obligation. Upon issuance, the ownership of each such Obligation shall be registered in the name of Cede &Co., as the nominee of DTC, and all of the Outstanding Obligations shall be registered in the name of Cede & Co., as the nominee of DTC. The Issuer and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit D (the Representation Letter). With respect to the Obligations registered in the name of Cede & Co., as ,nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility.or obligation to any - broker-dealer,bank, or otherfinancial institution for which DTC holds the Obligations from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Obligations (an Indirect Participant). Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i)the accuracy of the records of DTC, 1 i 81044549.4 Cede & Co.; 'or any Depository Participant with 'respect to any ownership-'-interest in the Obligations, (ii)the delivery to any Depository Participant or any other person, other than a registered owner of the Obligations, as shown on the Security Register, of any notice with respect to the Obligations, including any notice of redemption, or (iii)the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of an Obligation, of any amount with respect to principal of, premium, if any, or interest on the Obligations. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive an Obligation evidencing the obligation of the Issuer to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co."in this Ordinance shall refer to such new nominee of DTC. In the event that (a)the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b)the Representation Letter shall be terminated for any reason, or (c) DTC or the Issuer determines that it is in the best interest of the beneficial owners of the Obligations that .they be able to obtain certificated Obligations, the Issuer shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Obligations shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the Issuer may determine that the Obligations shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the Issuer, or such depository's agent or designee, and if the Issuer and the Paying Agent/Registrar do not select such alternate securities depository system then the Obligations may be registered in whatever name or names the Holders of-Obligations transferring or exchanging the Obligations shall designate, in accordance with the provisions hereof Notwithstanding any other provision of this Ordinance to the contrary, so long as any Obligation is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Obligation and all notices with respect to such Obligation shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 3 8: Further Procedures. The officers and employees of the Issuer are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Obligations, the Paying Agent/Registrar Agreement, and the Purchase Contract. In addition, prior to the initial delivery of the Obligations,_,the Mayor, City Manager, _ or the City Secretary and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the 81044549.4 2$„ 82— 1 approval. of the Obligations by the Texas Attorney General's office. In case any officer-of the Issuer whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 39: Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the Issuer's Home Rule Charter to the contrary i concerning a multiple reading requirement for the adoption of ordinances. [The remainder of this page is intentionally left blank] J i 91044549.4 2`� 83- PASSED,APPROVED AND ADOPTED on the 17th day of January,2012. CITY OF CORPUS CHRISTI,TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF JANUARY, 2012: Carlos Valdez, City Attorney Schedule I—Approval Certificate Exhibit A--Personal Property Exhibit B -Paying Agent/Registrar Agreement Exhibit C - Purchase Contract Exhibit D—DTC Letter of Representations 81044549.4 S-1 84- THE STATE-OF TEXAS ){ = COUNTY OF NUECES 1,the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the - above and foregoing is a true, full and correct copy of an Ordinance passed by the Governing Body of the City_of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 17th day of January, 2012, authorizing the issuance of the City's Public Property Finance Contractual Obligations, Series 2012, which ordinance is duly of record in the minutes of said Governing Body, and said meeting was open to the public, and public.notice of the time, place and purpose of said meeting was given,all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City,this the day of January,2012. City Secretary (CITY SEAL) i 1 j Jr l �I 1 81044549.4 5_ SCHEDULE I Approval Certificate See Tab No. 81044549.4 ScheduWi— EXHIBIT C. Purchase Contract . See Tab No. 81044549.4 87- i EXIMIT D DTC Letter of Representations See Tab No. v i tE I I 81044544.4 D-t 8 8 P Ordinance appropriating $60,000 from the Unreserved Fund Balance in the No. 2010 Debt Service Fund for the Fiscal Year` 2011-2012 debt: payment related to the Public Property Finance Contractual Obligations; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $60,000; and declaring an emergency. Be it ordained by"the City Council of the City of Corpus Christi, Texas: Section 1. That $60,000 is appropriated from the Unreserved Fund Balance in the No. 1020 Debt Service Fund for the Fiscal Year 2011-2012 debt payment related to the Public Property Finance Contractual Obligations. Section 2. That the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase appropriations by $60,000. Section 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect I upon first reading as an emergency measure this the day of , 201 .. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Legal form approved , 2011 By: Lisa Aguilar, As i ant City Attorney for City Attorney i -189- Corpus Christi.,.Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott -190- { `I {illi 3 1 i 3 I 1 f i I i 15 AGENDA MEMORANDUM xs� for the City Council Meeting of: Presentation: January 10, 2012 Action: January 17, 2012 DATE: January 17, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services PeteAn(Mcctexas.com I f 826-3781 Award of an Energy Efficiency Retrofit Contract to McKinstry Essention, Inc. for major City Facilities. CAPTION: a. Ordinance amending the FY 2012 Capital Improvement Budget.adopted by Ordinance No. 029135 adding Project #E11102 Energy Efficiency Conservation Retrofit for Major City Facilities; increasing revenues and expenditures in the amount of $7,300,000.00; and declaring an emergency. ' b. Motion authorizing the. City Manager, or designee, to execute a Fixed Price Energy Performance Contract (Design/Build) with McKinstry Essention, Inc..of Dallas, Texas, for Energy Efficiency Conservation Retrofit for Major City Facilities in an amount not to exceed $6,950,000.00 (Project No. El 1102). BACKGROUND AND FINDINGS: The City is required to conduct energy audits and retrofits of selected Municipal Buildings and Selected Facilities and Infrastructure as part of the $2,700,000.00 grant received from the Energy Efficiency and Conservation Block Grant Program. McKinstry was' selected to undertake an audit of City facilities based on the Request for Proposals released in November 2010 (RFP 2010-06). Council was given a presentation on April 19, 2011 regarding the contract with McKinstry to proceed with a technical audit of City facilities, and the future Energy Performance Contract to retrofit major City facilities. That contract was a no-cost contract subject to the City entering the Energy Performance contract for facilities when the cost of the retrofit could be paid for with the realized energy savings. The facilities audited were: • City Hall; • Health Department; • Municipal Court I Police; • Museum of Science& History; • Central Library; • American Bank Center Complex (Arena, Convention Center& Selena Auditorium); a Airport Complex; and • Street Lighting (limited scope). The Energy Performance Contract represents a fixed price Design/Build contract. McKinstry Essention is acting as the design engineer and contractor. They solicited proposals from sub- contractors for the electrical, mechanical, controls and other retrofits. McKinstry is functioning —193— as the general contractor. They will supply the insurance certificates, payment and performance bond required for all construction projects. The detailed technical audit for the overall project revealed that significant energy savings could be achieved with a ten year payback of the retrofit costs. The savings were analyzed in terms of energy savings, and other operational maintenance reductions. As an example, high efficiency electrical hand dryers will increase electrical cost, but are more than offset from savings in the purchase of paper towels. The range of savings items include: • High efficiency hand dryers • Lighting improvements; • Computer power management; • Vending machine power management; • HVAC equipment and controls; and • Replacement of chillers and cooling towers with. high electrical/O&M costs. The list includes equipment that is at the end of its service life that will require replacement in the immediate future. Work being done in the Municipal Court 1 Police Department Building requires 19.5 years to achieve payback through the energy and operational savings. The project will replace 26 air handling units, 125 variable air boxes (VAVs), install an energy management system,'and install variable frequency drives (VFDs) on fans and pumps. The equipment being replaced is deteriorated, and is on the verge of failure. The equipment will require replacement in the next three to four years to allow continued occupancy of the building. i Including the Municipal Courts 1 Police Building in the project defrays the cost financed through overall energy savings. The total simple payback for the total project including Municipal Court 1 Police is 8.8 years. The facility improvements have an useful economic life of 20 years. After review, it was not elected to proceed with Street Lighting improvements. Street lighting was eliminated from consideration after AEP stated that they wished to retain ownership of streetlights. The successful negotiation of the fair value of the existing street light system was deemed unlikely with an unwilling seller. Findings also revealed that all but a few fixtures had been converted to efficient high pressure sodium fixtures. New lighting technologies (i,e. LED) are under evaluation by AEP, but are not yet cost competitive when evaluated on an equal illumination basis (lumens on street). ALTERNATIVES.- The LTERNATIVES:The City may: • not proceed with an Energy Performance Service contract with McKinstry, and pay the technical audit cost of$125,000. • Manage the energy efficiency program with City resources.. That will require selection of a professional engineering firm to develop plans, specifications, bid and contract documents. OTHER CONSIDERATIONS: The savings will be guaranteed by McKinstry as part of the Performance Contract. A performance audit will be conducted annually to verify the annualenergy savings. McKinstry will pay the cost difference if projected savings are`"not realized based on Kwh usage. A total energy and operational savings of$782,722.00 annually is projected. CONFORMITY TO CITY POLICY: Conform to the Local Government Code and City Policy. EMERGENCY I NON-EMERGENCY: Non-Emergency. One vote is required to approve the motion. —194— { J DEPARTMENTAL CLEARANCES: Affected Departments participated in the audit process, development of the project scopes, and concur with proceeding with the award. FINANCIAL IMPACT:. ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP Project to Date Exp. Current Future Fiscal Year: 2011-2012 (QIP Only) Year Years TOTALS Budget 7,300,000 7,300,000 Encumbered/Expended amount as of July 31, 2011 This item 6,960,000 6,950,000 BALANCE 350,000 0 350,000 FUND(S}; Public Property Finance Contractual Obligations Comments: Contract award is subject to Council approval of Public Property Finance Contractual Obligations presented by the Interim Director of Finance. RECOMMENDATION: Approval of Motion as presented.. LIST OF SUPPORTING DOCUMENTS. Exhibit A: Facility Improvement Measures Exhibit B.: Project Budget Exhibit C: Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager -195- Facility F.r*T.V. xana^❑ Da LE Facility improvement Measures AIR -09.01 Lighting Improvements Improvement Measure City of Corpus Christi, TX ESPC Final - January 17, 2012 F11t C Upgrade the existing Interior and exterior ilghtFng systems with new more effident IlghUng technologies Including controls Where applicable. .. Fuildin; AIR - Airport (FIM) oodget ' $293,504 Summary Annual Ut Ii�ty 'Savings g $42,397 Annua! Operat,onai Savings'" $2,427 Simple Payback (SPS) 6.5 Pt entoi Iris tt ves"" 97,775 !'ion-Gaaranleed Net Customer Cost (rvi[h incorGve- ,) $285,729 Nen-G uzra meed 5lmeie Payback (SPO) !wcth incentives) 6.4 AIR -16.01 Computer Power Management Install and program a software solution en (56) personal computers within thls facility which will reduce energy Consumption during periods a Inactivity. •. AIR - Airport - $1,345 $587 90 2.3 $0 91,345 2.3 . AIR -26.03 High EfficiencyInstall Hand Dryers (14)"new high efficiency hand dryers in serect high traffic restrooms to repra a existing paper towel dispensers In an effort to reduce operational and material costs. AIR - Airport $67,237 ($151) $9,600 7.1 $0 $67,237 7.1 AIr - Airport (Total): 9362,056 $42,832 $12,027 6.6 $7,775 $3554,311 6.5 AME -04.01 HVAC Controls Improvements (Selena Auditorium) Install a new energy management control system to optimize the performance of the equipment serving the Selena Auditorium. intrudes VPDs on AHU Fans and demand controlled ventilation technology. AME - American Bank Center $135,389 $26,664 90 5.0 $0 $135,389 - 5.0 AME -09.01 Lighting Improvements (Arena) Upgrade the. existing Interior and exterior lighting systems with new more effident lighting technologies Including _ggntrols where aoolicable AME - American Bank Center $191,840 $36,100 $4,077 4.8 $7,163 $184,677 4.6 AME -09.01 Lighting Improvements (Convention Cenrerl Upgrade the existing Interior and exterior lighting systems with new more efficient lighting technologies including controlswhere_appllrable. AME - American Bank Center $494,906 ' 967,660 $5,172 5.3 $21,368 9473,518 5.1 AME -09.01 Lighting Upgrade the existing Interior and exterior lighting systems Improvements (Selena with new more efficient lighting technologies including Audltorluri controls whew aoollrable. AME - American Bank Center $25,126 $7,798 - $304 3.1 $1,250 $23,876 2.9 AME -16.01 Computer Install and program a software sdutlon on (62) computers p within this facility which will reduce energy consumption P Power Management during periods of inactivity. AME - American Bank Center $1,489 $650 i *0 2.3 $0 .$1,489 2.3 AME -16.02 Verdin power Install energy saving devices on (6) cold drink and (2) non- g refrigerated snack machines to reduce equipment operation Management durino unoccupied periods. AME - American Bank Center AME - American Bank Center $3,138 5378,436 $712 $36,569 #0 $0 4.4 10.3 $0 $0 $3,136 $378,436 4.4 10.3 Provide retro -commissioning of the equipment located at AME -25.01 Retro- the Convention Center & Arena In an effort to improve the Commissioning (Convention overall energy performance of the facility. The existing Center & Arena) HVAC control systems will also be enhanced and Fntegrated onto the new city-wide user graphical Interface system. AME - American Bank Center (Total): 91,230,324 $196,373 $9,553 6.0 929,801 91,200,523 5.8 Install a new energy management control system to CEN -04.01 HVAC Controls optimize the performance of the equipment serving thio Improvements facility. Includes VFDs on AHU Fans and demand controlled ventilation technology on select AHUs. CEN - Central library #277,802 $26,1333 $0 10.4 $0 - #277,802 - 10.4 CON -09-01 Lighting the existing Interior and exterior lighting systems Improvements with new mare efficient lighting teehnoiagres Including controls where applicable. CEN _Central Library $145,865 *20,520 $2,317. 6.4 $6,075 $139,790 6.1 CEN -)6.01 Computer Power Install and program a software solution on (90) computers Management within this facility which will reduce energy consumption durino periods of inactivity. Install CEN -Central Library $2,161 $1,940 *0 1.1 90 $2,161 - 1.1 CEN -16.02 Vending Power energy saving devices on (2) cord drink and (1) non- Management refrigerated snack machines. to reduce equipment operation durino uno cuoled_Derlod5. CEN - Central Library $2137 $0 4.0 $0 $1,141 4.0 CEN - Central Library (Total): 9426,969 $49,579 92,317 - 8.2 $6,075 $420,894. 8.1 :17-02.01 Primary Primary k Cooling Tower !mprovemtr en ' nstall (2) new electrical 200 -Ton water -coaled chillers in Chillers place of the existing aged absorption chillers which have nudesand the.baclnstahl tion oea new more effident cooling I towerdreadied the end of their useful life. This measure also backup diesel generator with 8 24 hour fuel tank. CIT - City hall $1,418,683 ($6,956) $155,000 9.6 90 #1,418,603 9.6 Exhibit Page 1 of 2 * Since design cost, audit cost, etc. are distributed among the FIMs, the total project cost will not go up or down by exactly the amounts shown here If a FIM or FIMs are dropped. ** For non recurring operational savings, the values me averaged over the 10 year length of this analysis. *** incentives are contingent on final approval and are not guaranteed. Funds are shown for reference only. Exhibit A Page 2 of 2 $3,900 14.5 $0 $109,693 - 14.5 CIT-02.02 IT Chiller Replace eRcient Improvements Installation the existing IT area electric chiller with a new more 40 Ton water-cooled electric chiller. Excludes the of new AHUs in the served area. CIT - City Hall $109,693 43,659 $113,822 6.9 6.9 $0 $0 CIT-04.01 HVAC Controls This Improvements measure Involves the Installation of VFDs and Demand Controlled Ventilation technology on the (4) dedicated CIT - City Hail $ ;13,822 $I6,606 6.4 $ CIT-09.01 Lighting Improvements CIT-16.01 Computer Power Install Management CIf-16.02 Vending Power Management outside air-handllna units. Upgrade the existing interior and exterior lighting systems with new more efficient lighting technologies Including controls where aODllcabie. and program a software solution on (1,1157) computers within this facility which will reduce energy consumption dnrina periods of inartivity. Install energy saving devices on (8) cold drink and (2) non- refrigerated snack machines to reduce equipment operation - CIT - City Hall CR - Clty Hail CIT - City Hall $426,270 425,382 $3,994 -411,370 $59,483 $11,087 41,255 $4,443 40 $ 0 $9.600 $172,943 $1,573 6.7 $14,900 2.3 $0 3.2 $0 525,382 2.3 3.2 $3,994 7.1 $67,237 7.1 ,... $0 R-26.0• 1 High Efficiency CIT-26.01 HandIT- dnrina uncwtunled periods. Install (14) new high efficiency hand dryers In Select high traffic restrooms to replace existing paper.towel dispensers !n an effort to reduce operational and material costs. CIT - City Hall $67,237 ($172) 8.3 $2,150,101 8.4 7.8 $14,900 $7,838 CIT - Clty Hall (Total): $2,165,001 $84,962 7.5 $169,815 HEA-09.01 Lighting Improvements Upgrade the existing interior and exterior lighting systems HEA - Health with new more efficient lighting technologies including Department I $177,653 $21,168 HEA-15.01 Computer Power Management HEA-16.02 Vending Power Management controls. where applicable Install and programa software solution on (204) computers HEA - Health within this facility which win reduce energy consumption Department ,d rine nerinds of inactivity. install energy saving devices on (3) cold drink and (2) non- HEA - Health es refrigerated snack machinto reduce equipment operation Department Inn unnrrunled periods, 44,809 $2,049 $1,853 $492 $0 $0 $0 2.4 3.8 7.D $0 40 $0 $4,899 - 2.4 $1,853 3.8 7.0 $106,134 HEA-25.01 Commissioning Commissioning of the newly Installed energy management HEA - Health HVAC Department $106,134 $15,090 - control system and eouloment. HEA - Health Department (Total): $290,539 438,798 $1,573 7.2 47,838 $282,701 7.0 36.6 36.6 $0 $1,779,545 $15,624 MUN-04.01 HVAC Equipment & Controls Improvements Replace approximately (26) alr-handling units, (125) VAV boxes and Install a new energy management control system to optimize the performance of the equipment serving this facility. Includes VFUs on Fans and Pumps and demand controlled ventilation technology on select ANUS. MUN - Municipal Courts and Police $1,779,545 $31,965 . $251,230 5.3 5.5 2.4 $9,568 $8 !7.1 MUN-09.Lighting Improvements MUN-16.01 Computer Power Management Upgrade the existing interior and exterior lighting systems MUN - Munldpal with new more efficient lighting technologies Inducting Courts and Police controls where aoolicabie Instati and program a software solution an (920) computers MUN - Municipal within this facility which will reduce energy consumption Courts and Police dnrina Martially $ 260,918 $43,652 $22,090 $9,241 53,570 $0 2.4 422,090 19.5 nerio.s or HUH (Municipal Courts end nonce (Total): $2,062,553 484,858 $20,194 19.6 $9,688 42,052,865 MUS-04.01 HVAC Controls Improvements Integrate the existing HVAC controls systems onto the new city-wide graphical user Interface. Install new variable MUS - Museum of frequency drives and demand controlled ventilation Science and technology on the alt-handling equipment. Provide retro- History commissioning of the existing equipment to Improve the overall energy pafformance of the facility. $132,182 $36,881 - _ $0 3.6 $0 5132,182 3.6 $267,228 9.0 MUS-09.01 Lighting Improvements Upgrade the existing Interior and exterior lighting systems MUS - Museum of with new more efficient lighting technologies Including Silence and controls where applicable History 9279,856 424,864 $4,788 9.4 $12,638 MUS-16.01 Computer Computer Power Management Install and program a software solution on (20) computers MUS - Museum of within this facility which will reduce energy consumption Science and rhirfna oerloris of Inactivity HMI:prv. 4480 $200 $0 2.4 $0 $480 2.4 MUS - Museum of Science and History (Total): $412,528 $61,946 $4,788 6.2 412,638 5399,890 6.0 Totals $6,950,0001 $559,349 $223,395. 8.9 $88,715 46,851,285 8.8 * Since design cost, audit cost, etc. are distributed among the FIMs, the total project cost will not go up or down by exactly the amounts shown here If a FIM or FIMs are dropped. ** For non recurring operational savings, the values me averaged over the 10 year length of this analysis. *** incentives are contingent on final approval and are not guaranteed. Funds are shown for reference only. Exhibit A Page 2 of 2 PROJECT BUDGET FIXED PRICE ENERGY PERFORMANCE CONTRACT(DESIGN/BUILD) Project No. E11102 October 18, 2011 FUNDS AVAILABLE: Public Property Finance Contractual Obligations 7,300,000.00 7,300,000.00 FUNDS REQUIRED: Construction (McKinstry).................................................................... 6,950,000.00 Contingencies(4.1%)...............................I.... 287,000.00 .............................. Consultant Fees: Consultant(MCKlnstry) Basic Svcs$365,000.00-5.5%................................................ Part of Construction IConstruction Man agement/Inspection (McKinstry)......................................... Part of construction Materials Inspection &Testing (Electrical Commissioning)........................................ Part of Construction Reimbursements: Administrative Reimbursements.................. .......... 18,000.00 Engineeering Reimbursements................................................................. 45,000.00 Misc. (Printing, Advertising, etc.)............................................................. _ Total.................................................:............................................... 7,300,000.00 Variance Exhibit B —198— mage 1 of 1 \Mproject\councifexhibits\exhE111 02C.dwg PROJECT SITE MUSEUM OF � �[S RIVER - - - -. �ti6~ SCIENCE & HISTORY NUECEs B Ay JS P PROJECT SITE SELENA AUDITORIUM Cfpp � PROJECT SITE La AMEPICAN BANK CONVENTION CENTER Lac 4 q � B j N 37 PROJECT SITE E<)PAR AMERICAN BANK CENTER ARENA AGNS HWY 44 ACNES c m a %RPROJECT SITE o_ CC A N LP o POLICE/MUNICIPAL COURTS CO2LMW o BEAR �f PROJECT SITE cyfpjsv PROJECT SITE CENTRAL LIBRARY 21AY AIRPORT COMPLEX SJ 5 PROJECT SITE PROJECT SITE q qR CITY HALL HEALTH DEPARTMENT .4 ti s q fq HpC ' Pq p 0s oBgy NAS j F.M. 43 t � { w tiQ 4ti� FM 2444 ORkppHN f Oso i WHITECAP i I i SEA PINES I I I I � Q ' QQ LOCATION MAP NOT TO SCALE PROJECT W 1'1102 ENERGY EFFICIENCEY RETROFIT CONTRACT CITY COUNCIL EXHIBIT cnyTO McKINSTRY ESSENTION, INC. PAR .E cOF EN ctERING EROCTExA , DEPARTMENT OF ENGINEERING SERVICES FOR MAJOR CITY FACILITIES PAGE: ! of 9 v = --199- • :.. Page 1 of 2 Ordinance amending the FY .201-2. .Capital Improvement.-Budget adopted by Ordinance No. 029135 adding Project #E11102 Energy Efficiency Conservation Retrofit for Major City Facilities; increasing revenues and expenditures in the amount of $7,300,000.00; and declaring an emergency. Be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. The FY 2011-2012 Capital Budget adopted by Ordinance 029135 is amended to add Project#E11102 Energy Efficiency Conservation Retrofit for Major City Facilities. Section 2. The FY 2011-2012 Capital Budget adopted by Ordinance 029135 is amended to increase revenues and expenditures in the amount of$7,300,000.00. Section 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of January, 2012. ATTEST: CITY OF CORPUS CHRISTI 1 Armando Chapa Joe Adame City Secretary Mayor l APPROVED as to form: By: Veronica Ocanas Assistant City Attorney For City Attomey 011712 ORD-Change FYI1-12CapitalBudget(2e) —201— Page 2 of 2 Corpus Christi, Texas Day of , 2012 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 : o 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 011712 ORD-Change FYI 1-12 Capitalgudget(2e) —203— 16 O AGENDA MEMORANDUM for the City Council Meeting of 1/17/2012 a _ DATE: December 19, 2011 TO: Ronald L. Olson, City Manager FROM: Richard Badaracco, Interim Chief of Police 4Q&L4 a r f Richardba cctexas.com 886-2603 Amending the ordinance to regulate metal recyclers in the city CAPTION: Amending Chapter 26, of the Code of Ordinances, City of Corpus Christi, by revising several sections in said article to provide for expanded definitions; more offenses and penalties; providing for severance; and providing for publication. i BACKGROUND AND FINDINGS: The Police Department is concerned that the existing ordinance is inadequate to regulate sales of scrap metal and building construction materials in the city. Increased demand for metal has caused an alarming increase in metal thefts. Under the current ordinance, secondhand dealers and metal recyclers are not required to keep photographic records of both sellers and items to be sold or to forward all daily transactions to www.leadsonline.com or any other real time electronic website database { maintained by the CCPD. In light of these issues, a stronger enforcement approach to regulating secondhand dealers and metal recyclers is necessary to protect the health, safety, and general welfare of the citizens of this city. A person who violates this section shall be subject to a fine not to exceed $500 dollars. Each and every failure to record, register, or comply with any provision of this chapter and each and every item obtained by ter shall constitute a separate offense. purchase in violation of this chap Staff held several meetings at City Hall and invited all of the business owners and CCPD staff continued to visit metal recyclers at their places of business. The ordinance included in this packet is the result of compromise between business owners and City staff. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for approval of the revised ordinance.. EMERGENCY/ NON-EMERGENCY: Item requires two readings. DEPARTMENTAL CLEARANCES: -207- FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ C1P Project to Date Fiscal Year: 2011-2012 Expenditures CIP) Current Year Future Years TOTALS Bud et - Encumbered Ex ended Amount = This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the amendment as presented LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Alison Logan, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget D. Troy Riggs, Assistant City Manager —208— l e ORDINANCE AMENDING CHAPTER 26, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, METAL RECYCLERS, BY REVISING SEVERAL SECTIONS IN SAID ARTICLE TO PROVIDE FOR EXPANDED DEFINITIONS; MORE OFFENSES AND PENALTIES; PROVIDING FOR SEVERANCE; AND ` PROVIDING FOR PUBLICATION. WHEREAS,the City of Corpus Christi is a home rule city having authority to utilize police power to enact ordinances to protect the health, safety, and general welfare of its citizens; WHEREAS,the City of Corpus Christi finds that establishing a policy to regulate sales of scrap metal will provide for a more safe, secure, and aesthetic environment for the citizens and the City, WHEREAS,the Council finds that, in order to promote the public health, safety, and welfare of the citizens of this City, sales of scrap metal should be regulated as defined below in the City of Corpus Christi. 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A person violating any term or provision of this article shall be sub'ect to a fine exceed 500.00.Maiim. div i ` r+ r• '� s Kti not to ., SECTION 3. if for any reason any section,�araraph. 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 py 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, paragrraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its Vurpose. SECTION 4. 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. I I i i I —219— 6 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 John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott R Priscilla G. Leal District 1 Representative is vacant David Loeb 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 John E. Marez Chris N. Adler Nelda Martinez = Larry Elizondo Mark Scott Priscilla G. Leal District 1 Representative is vacant David Loeb PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: By: Carlos Valdez for the City Attorney —220— 17 3 3 { t 1 1 { 1 i 1 � AGENDA MEMORANDUM for the City Council Meeting of. January-24, 2012 xlasQ DATE: December 27, 2011 TO: Ronald L. Olson, City Manager -_ FROM: Pete Anaya, P.E., Director of Engineering Services f peteanAcctexas.com, (361) 826-3781 Troy Riggs, Police Chief Tro r cctexas.com, (361) 886-260 Approval of Professional Architectural Services Contract: Public Safety Warehouse (Police)— Project No. 5244 PURPOSE: A. Ordinance appropriating $500,000 from the Unreserved Fund Balance in the No. 1020 General Fund for a new Public Safety Warehouse Building for the Police Department; authorizing the transfer of $500,000 from the No. 1020 General Fund to and appropriation in the No. 3350 Public Health and Safety CIP Fund; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $500,000. B. Ordinance changing the FY 2011-- 2012 Capital Budget adopted by Ordinance No. 029135 by increasing appropriations by $500,000 for a separate Public Safety Warehouse Building Project for the Police Department. C. Motion authorizing the City Manager or designee to execute a Professional Services contract with LaMarr Womack&Associates, L.P. of Corpus Christi, Texas, in the amount of$147,141.00 for the Public Safety Warehouse (Police) Project. BACKGROUND AND FINDINGS: In November 2008, voters approved the Bond 2008 election including the proposition for a Public Safety Warehouse for both Fire and Police Departments. City staff evaluated the options of building a warehouse on City owned land, purchasing an existing warehouse facility or purchasing land to build a new facility. This resulted in Council approving the purchase of an existing warehouse and acreage (3.54 acres) at 1501 Holly Road. The warehouse was modified for Fire Department storage, vehicle maintenance and other uses. Approval of the motion is necessary to provide the architectural services necessary to provide design, _ bid, construction and additional services to result in the construction of a new Public Safety Warehouse (Police). The facility will be constructed on vacant land adjacent to the Fire Departments Public Safety Warehouse at 1501 Holly Road. LaMarr Womack and Associates was selected for the project as part of the RFQ 2008-05 professional services selection process. ALTERNATIVES: 1. Repeat the RFP Selection Process and negotiate with a different consultant. 2. Award the contract to LaMarr Womack and Associates, L.P. as recommended. KAEngineering DataExchangeTyndaTublic Health&Safety\Bond 0815244-Publ+iic Safety Warehousc\A Awd -Executive Summary.docx FINANCIAL IMPACT: ❑ Not Applicable a Operating Expense ❑ Revenue X CIP Prior Year. FISCAL YEAR: 2011-2012 CIP Only) Current Year Future Years TOTALS Budget $1,306,128.84 $1,306,128.84 = Encumbered/Expended Amt. This item $147,141.00 $147,141.00 BALANCE 1,134,987.84 1,134,987.84 FUNDS: Public Health &Safety CIP Comments: The proposed project will result in the construction of a dedicated Public Safety warehouse and office building for the Police Department and allow continued reduction in lease space. utilization. The money appropriated from the General Fund is a loan and will be repaid back to the General Fund through yearly fees saved on property rentals that will no longer be necessary once the new facility is complete. RECOMMENDATION: City staff recommends the ordinances and motion be adopted as presented. CONFORMITY TO CITY POLICY: The recommended actions conform to statutes regarding Professional Service Procurement and the FY2011-2012 Capital Budget. EMERGENCY/NON-EMERGENCY: Not Applicable. DEPARTMENTALCLEARANCES: Police Department. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Contract Summary Exhibit B: Project Budget Exhibit C. Location Map Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager Margie R. Rose, Assistant City Manager -224- KAEngineding DataExchangelLyndalPubhc health&Wety\Bond 0815244-Public Safety WarehouselA.EAwd -Executive Summary.docx Contract Summary I. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase, The Arch itectlEngineer-AIE will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives,and upon approval,proceed with an Engineering Letter Report which includes preliminary designs, drawings, and written description of the project. This report shall include: a. Provide scope of soil investigations, borings, and laboratory testing and make recommendations to the City. Coordinate all required services with the Geotech Lab. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts.) b. Confer with the City staff at the start of this phase regarding the design parameters of the Project. The Engineer will participate in a minimum of one(1)formal meeting with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7)working days of the meeting. The A/E will discuss the project with the operating department (Water, Wastewater, Gas, Storm Water, Streets,etc.)and other agencies, including but not limited to the Texas Department of Transportation(TxDOT) and Texas Commission on Environmental Quality(TCEQ) as required to satisfactorily complete the Project. c. Submit one(1)copy in an approved electronic format, and one(1)paper copy of the Draft Engineering Letter Report of identified feasible alternatives,.and review with City staff to produce an acceptable format. The Draft Engineering Letter Report will include the following(with CONSTRUCTABILITY being a major element in all the following items): 1) Review the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project. The A/E will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts,.intent of design,and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions, potential right ofwayleasements to be acquired,and probable Project design solutions (which are common to municipalities), in accordance with S.U.E. (Subsurface Utility Engineering) standards (Cl/ASCE 38-02). Subsurface investigation will be paid as an additional service. 4) Provide a presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be. used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). 5) Advise of environmental site evaluations and archeology reports that are needed for the Project(environmental issues and archeological services to be an Additional Service). EXHIBIT"A" Page 1 of 5 K1Engineering DetsExchangelKevinSiGENTOLICEZ244PolicePublicSafetyWarehou2)etmExhAdocx r 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive,well-defined proposed scope of design, probable cost estimates and design alternatives. 8) Provide a letter stating that the A/E and Sub-consultant Engineers have - checked and reviewed the design memorandum prior to submission. 9) Provide an analysis on project impacts towards "re-engineering" and effects on cost savings toward City operations, which this project will affect. d. Assimilate all review comments of the Draft Engineering Letter Report(if any)and provide one (1) set of the Final Engineering Letter Report (electronic and hard copies using City Standards as applicable) suitable for reproduction. Said Final Engineering Letter Report henceforth becomes the sole property and ownership of the City of Corpus Christi. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a. Study, verify, and implement Engineering Letter Report recommendations a including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with. the City Operating Department(s) and Engineering Services staff. 1 b. Prepare one (1) set of the construction bid and contract documents (electronic ? and full-size hard copies using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions,notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to track progress and payments. e. Furnish one (1) set of the interim plans (60% submittal - electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Show existing elevations resulting from topographic survey. Show locations of utility lines, structures and their respective elevations resulting from the S.U.E. Use the City's numbering system for utility manholes. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size = • Pipe Material, etc. • Why one material is selected over another EXHIBIT"Arr Page 2 of 5 KAEngineering OataExchange4Kevin$lGEN%POLtCE15244PolieePublicSsfetyWareho_sffgntxhA.docx • Pluses of selections • - ROW requirements and why + Permit requirements and why • Easement requirements and why • Embedment type and why + Constructability, etc. - • Specific requirements of the City • Standard specifications • Non-standard specifications • Any unique requirements Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed. g. Provide one (1) set of the pre-final plans and bid documents (90% submittal - electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants. h. Provide Quality Assurance/Quality Control (QAIQC) measures to ensure that submittal of the interim, pre-final(if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant AIE and Sub-consultant ME shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. L If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j. Provide one(1) set of the final (100%) plans(unsealed and unstamped-electronic and full-size hard copies using City Standards as applicable)for City's final review. k. Assimilate all final review comments (if any). I. Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents(electronic and full-size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. m. The City agrees that any modifications of the submitted final plans(for other uses by the City)will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. n. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. o. Provide a Storm Water Pollution Prevention Plan, if required. _ 3. Bid. Phase. The A1E will: a. Participate in the pre-bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. EXHIBIT"A" Page 3 of 5 KkEngineering DataExehengeWevinS4GENIPOLICB5244PolicePublicSefetyWareho_sey 2TE1 1" A.docx c. Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format,for the Engineering Services'approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. _ d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above,the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. -- - 4. Construction Phase. The AIE will perform contract administration to include the following: a. Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents forthe contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is'being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. - g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a"multimedia format" suitable for viewing with Microsoft's Internet Explorer,version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image-viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliverthe manuals on a CD-ROM, not on floppy disks. i. Review construction "red-line" drawings, prepare record drawings of the Project as constructed (from the."red-line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a EXHIBIT"A" Page 4 of 5 MEngineenng DataExchangelKevin51GEN1PCLICE15244PolicePuhlirSafetyWarehousgkpq¢VxhA.docx separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. 3. FEES Summary of Fees Basic Services Fees 1. Preliminary Phase $25,706.25 2. Design Phase $56,553.75 3. Bid Phase $5,141.25 4. Construction Phase $15,423.75 Subtotal Basic Services Fees $102,825.00 Additional Services Fees (Allowance) 1. TDLR $715.00 2. ROW Acquisition Survey 3. Topographic Survey and Parcel Descriptions 4. Environmental issues 5. Construction Observation Services $34,830.00 6. Landscape and irrigation $2,200.00 7. Warranty Phase $6,571.00 { S ub-Total Additional Services Fees Authorized $44,316.00 Total Authorized Fee $147,141.00 1 1 i EXHIBIT"A" Page5of5 K,Tngineering QaiaExchangelKevinMGENS POLiCEW44PolicePubliaSafetyWareho_snrExhA.docx PROJECT BUDGET PUBLIC SAFETY WAREHOUSE (POLICE) Project No. 5244 December 13, 2011 FUNDS AVAILABLE: Public Health & Safety CIP Fund....................................................... 1,306,128.84 1,306,128.84 FUNDS REQUIRED: Construction (Est.).............................................................................. 950,000.00 Contingencies (10%)............... 95,000.00 Consultant Fees: Consultant(LaMarr Womack) ................................................................... 147,141.00 Construction Management/Inspection (included in Consultant Fee)..................... - Geotechnical Services ....................................................................................... 4,650.00 Materials Inspection & Testing (Est.).................................................................... . 16,000.00 Reimbursements: Engineering, Traffic Engineering, Finance, etc. 58,000.00 Total................................................................................................. 7 91.0 12 07 0 Variance 35,337.84 Exhibit B -230- Pagel oft F!e \Mproject\councifexhibits\exh5244.dwg 3 �F /vu, ' c .WUECES BAY Ao ua q�unfy yT a SFR y RD IH37 ao z a t, z � � a a -- GNES HW'{as AGNES copp Sa G � Irdzcerl a C`f`pjsv }� CHRISTI < BAY m INTERNATIONAL AIRPORT fAcGLUIN RD W.POINT PROJECT LOCATION CA CAyO I9 LOCATION MAP NOT To SCALE ti • N a o� • PROJECT your SITE 04 �y Oy VICINITY MAP PROJECT#5244 Nor TO SCALE CITY COUNCIL EXHIBIT FIRE DEPARTMENT MAINTENANCE FACILITY CITY MET0PUSERTI,SASDTN NEW CONCRETE DRIVEWAY/PARKING LOT PAGE: 1 of 1 r � W� Page 1 of 2 Ordinance appropriating $500,000 from the Unreserved Fund Balance in the No. 1020 General Fund for a new Public Safety Warehouse Building for the Police Department; authorizing the transfer of $500,000 from the No. 1020 General Fund to and appropriation in the No: 3350 Public Health and Safety, CIP Fund; changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $500,000; and declaring an emergency. -- _ Be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That $500,000 from the Unreserved Fund Balance in the No. 1020 General Fund is appropriated for a new Public Safety Warehouse Building for the Police .Department, and the $500,000 is authorized to be transferred from the 1020 General Fund to the No. 3350 Public Health and Safety CIP Fund, Section 2. That the FY 2011-2012 Operating Budget adopted by Ordinance 029155 is changed by increasing both revenues and expenditures by $500,000 each. Section 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances. at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of January, 2012, ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED as to- forrFK ' By: Veronica Ocanas Assistant City Attorney For City Attorney 011712 ORD-Approp-1020General-cip (2e) —232— -__� Page 2of2 Corpus Christi, Texas. Day of 12012 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: 11/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler j Larry Elizondo, Sr. 1 1 Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 011712 ORD-Approp-1 020General-C I P(2e) —233— Page 1 of 2 - Ordinance changing the<FY 2011-2012 Capital Budget adopted by Ordinance No. 029135 by increasing appropriations by $500,000 for a . separate Public Safety Warehouse .Building Project for .the Police Department; and declaring an emergency. Be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That the FY 2011-2012 Capital Budget adopted by Ordinance 029135 is -- . changed by increasing appropriations by $500,000 for a separate Public Safety Warehouse Building Project for the Police Department. ,Section 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of January, 2012. ATTEST: CITY OF CORPUS CHRISTI ! Armando Chapa Joe Adame City Secretary Mayor j APPROVED as to for . By: Veronica Ocanas Assistant City Attorney For City Attorney 011712 ORD-Change FY11-12 CapitalBudget(2e) —234— Page 2 of 2 Corpus Christi, Texas Day of , 2012 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: Vwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez; Nelda Martinez Mark Scott . 011712 ORD-Change FYI 1-12 Capital Budget(2e) —235— _I 1 1 18 1 0 AGENDA MEMORANDUM for the City Council Meeting of January 17, 2012 DATE: 1/17/2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P, E., Director of Engineering Services petean@cctexas.com (361) 826-3781 Approval of Testing Agreement Contract: .Airline Road from Saratoga Boulevard to Rodd Field Road (Bond 2008) (Project No. 6465) F AGENDA CAPTION: S 3 Motion authorizing the City Manager, or designee, to execute a construction materials testing contract .with Rock Engineering & Testing Laboratory, Inc. of.Corpus Christi, Texas in the amount of $65,492.00 for Airline Road from Saratoga Boulevard to Rodd Field Road (Bond 2008). BACKGROUND AND FINDINGS: 1 The proposed project is funded through City of Corpus Christi Street Capital Improvement Program (Bond 2008). The project consists of construction of approximately 7,000 linear feet of Arterial Roadway with = the option of asphalt and concrete, ,including sidewalks, ADA curb ramps, concrete header curb, water, wastewater, and storm water lines with new manholes and inlets, reinforced concrete box culvert, street signage, pavement markings and traffic signal systems; including all appurtenances and associated work in accordance with the plans, specifications, and contract documents. The construction contract was awarded on September 27, 2011 to Haas-Anderson Construction Company of Corpus Christi, Texas for full phased closure asphalt in the amount of $0,261,415.15 (Motion No. 2011-214). City Council approval is required for construction materials testing to Rock Engineering Testing & Laboratory, Inc. ALTERNATIVES, Material Testing is a requirement of construction but the City.could go with another local testing company at a higher price. OTHER CONSIDERATIONS: Based on the information submitted for construction materials testing, Rock Engineering Testing & -aboratory, Inc. has the experience and resources to complete the project, CONFORMITY TO CITY POLICY: Conforms to statutes regarding proposal process, FY 2011-2012 Capital Budget. `IENGINEERING DATAEXCi AMBEIROB£RTOISTREETFROJECTND.69BSAIRLINEROADFROMSAiil�g3l ILVDTORODDFIELDRCADIROCK ENG,LARGE TESTING AGREEMEtMCITY j DUN=ACTION ITEM.DOGX L :J EMERGENCY/ NON-EMERGENCY: Not applicable. DEPARTMENTALCLEARANCES: Not applicable FINANCIAL IMPACT: CIP Project to Date Fiscal Year: 2011-2012. Expenditures Current Year Future Years TOTALS - (CIP only) Line I#em Budget $10,888,600.00 $518,000.00 $471,500.00 $11,878,100.00 Encumbered 1 - Expended Amount 10,888,600.00 0.00 0.00 10,888,600.00 This item 0.00 65,492.00 0.001 65,492.00 BALANCE Fund(s): STREET CIP Comments: Funding for this contract will only be required during Fiscal Year 2011-2012. RECOMMENDATION: City staff recommends that the construction materials testing contract be awarded to Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $65,492.00 for the Airline Road from Saratoga Boulevard to Rodd Field Road (Bond 2008). 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 Oscar R. Martinez Assistant City Manager K;IENGINEERING DATAEXCHANGEIROBERTOISTREE RPROJECTN O.6465AIRLINEROAOFROMS""LVOTORODDFIEI_DROADIROCK ENG,LARGE TESTING AGREEMENTICITY COUNCIL ACTION ITEM.DOCX i f f PROJECT BUDGET Airline Road from Saratoga Boulevard-to Rodd Field Road Project No. 6465 January17, 2012 E _ FUNDS AVAILABLE: Streets CIP (Bond 2008) $8,050,000.00 Utilities CIP $3,828;100.00 Total $11,878,100.00 FUNDS REQUIRED: Construction (Haas-Anderson Construction Company) * $6,261,415,15 Contingencies (10%) . $626,141.52 Consultant Fees: _ Consultant (HDR Engineering) ** $1,296,316.00 Materials Testing (Rock Engineering & Testing) $65,492.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) $221,375.00 - Engineering Services (Project Mgt/Const. MgtlTraffic Mgt) $281,750.00 Finance Issuance $100,625.00 i Misc. (Printing, Advertising, etc.) $40,250.00 TOTAL $8,893,364.67 i ESTIMATED PROJECT BUDGET BALANCE - $2,984,735.34 - ` Construction contract was awarded by City Council on September 27, 2011. ** Consultant contract was awarded by City Council on October 19, 2010. -241 - \Mproject\councilexhibits exh64B5bb.dwg �l�MF oce, Co ws N Fs R,yF � 2 .ae o w� so NAS `Y�o�oR�oG o yo��rRp SpA F D,QF Lu �S�ghO z D o _ PROJECT LOCA TION I �g I ' J cC�N°'�� HoRNFr oZ � Oso o� Creek �e V _ LOCATION MAP NOT TO SCALE PROJECT#6465 AIRLINE ROAD FROM SARATOGA CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIS77� TEXAS BOULEVARD TO RODD FIELD ROAD DEPARTMENT OF ENGINEERING SERVICES BOND ISSUE 2008 PAGE: � °�1 '.�. .�.... -242- i f 19 �s 186$ AGENDA MEMORANDUM for the City Council Meeting of January 17, 2012 i DATE: 12/1912011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E.. Director of Engineering petean@cctexas.com, 826-3781 °Gustavo Gonzalez , P. E: Director of Wa#tri ices gustavogo@cctexas.com, 826-1874 O. N. Stevens Water Treatment Plant Facility Alterations (Project No. 8657) Approval of Construction Contract Barcom Commercial. Inc. Approval of Construction Inspection Services Contract AGICM, Inc. AGENDA CAPTION: a. Motion authorizing the City Manager, or designee, to execute a construction contract with Barcom Commercial Inc. of Corpus Christi, Texas in the amount of $3,172,000 for the O. N. Stevens Water Treatment Plant Facility Alterations for the addition to and remodel of the existing Filter Building Facility. b. Motion authorizing the City Manager, or designee, to execute a Project Management and Inspection Services Contract with ALCM, Inc, of Corpus Christi, Texas in the amount of$137,$06.00 for the O. N. Stevens Water Treatment Plant Facility Alterations. BACKGROUND AND FINDINGS: This construction contract addresses the reconfiguration of the existing administrative and operational spaces at the O. N. Stevens Water Treatment Plant to replace the existing control center with a state-of-the-art control center for improved plant process monitoring and control training with provisions for SCADAltelemetry upgrades, The work also includes a redesigned administrative area and training area to better promote the management and operational practices for staff with ADA accessibility improvements. There will also be a briefing/training area for interaction with local community stake holders and visiting groups. This project incorporates 'master planned° civil site improvements for the filter building site and treatment plant parking areas. KINGINEEFLNGDATAEXCNANGaVF.Lt%MVIATER+o45LVTP663:FACM11YALTERAT 101MCO`OFLUCI1011AGEND.;11E11D00C% —245— On November 16, 2011, the City received proposals from five (5) bidders their respective bids are as follows: Base Bid- Total Base Bid Base Bid-Additive Additive plus AA1 and Contractor Base Bid Alternate 1 Alternate 2 AA2 = Corbet Group, Inc. Dallas, TX $2,775,000.00 $55,000.00 $50,000.00 $2,880,000.00 Barcom Commercial, Inc. Corpus Christi TX $3,067,000.00 $55,000.00 $50,000.00 $3,472,000,00 Greco Construction, Inc. San Antonia, TX $3,295,000.00 $55,000.00 $50,000.00 $3,400,000.00 Marshall Company Cor us Christi, TX $3,398,000.00 $55,000.00 $50,000.00 $3,503,000.00 Journeyman Construction, Inc. $3,449,000.00 $55,000.00 $50,000.00 $3,554,000.00 Corbet Group, Inc. was the actual low bidder, but requested a retraction of their bid due to a materials defect in their proposal. Barcom Commercial, Inc. is the next lowest bidder and they have submitted all information as required. ALTERNATIVES: This project was first introduced in the 2009-2010 CIP and recognized the need for enhanced and efficient treatment plant operations. Additionally, it was recognized that relocating treatment plant staff operations from the Chemical building to the Filter Control building would allow safer plant operations and emergency response. The project's mitigation of risk resulting in safer plant operations, determined that a `no build" alternative was not feasible. The choice of the Filter Control building was the safest operational alternative and most cost effective structure available for the operational reconfiguration. OTHER CONSIDERATIONS: Award of the construction contract (Base Bid and Additive Alternates 1 and 2) to the apparent 2nd Low Bidder, Barcom Commercial, Inc., a local contractor, is recommended as their bid was fully responsive and within the Capital Program Budget. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY2011-2012 Capital Budget. EMERGENCY/ NON-EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Water KIENGINEERING DATAEXCHANGEIVELMAPIWATER10N5WTP15657 FACILITY ALTERATION51C244T6 CTIONIAGENDA MEMO.DOCX FINANCIAL IMPACT: CIP Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS .Line Item Budget $300,800.00 $3,600,000.00 $1,800,000.00 $5,700,800.00 Encumbered 1 Expended Amount $300,800.00 $300,800.00 This item $3,309,606.00 $3,309,606.00 BALANCE $290,394.00 $1,800,000.00 $2,090,394.00 c Fund(s): Water CIP, Fund 4080 F Comments: This.project is a multi-phase project funded out of the Water CIP Fund.. The goal of this project is a to improve operational efficiency and safety. l RECOMMENDATION: The City's Consultant on this project, Chuck Anastos, AIA, and City staff recommend that the Construction Contract be awarded to Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $3,172,000.00 for the Base Bid plus Additive Alternate 1 (AA1) and Additive Alternate 2 (AA2). City staff recommend that a Project Management and Inspection Services Contract be awarded to AGCM of Corpus Christi, Texas in the amount of$137,606.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Letter of Recommendation - Approvals: Veronica Ocanas, 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 ICIENGINEERING DATAEXCHANGEIVELMAP4WATERIONSWTP13657 FACILITY ALTERATIONSIC[kI 7B,JCTIONVAGENDA MEMO.DOCX , � � PROJECT BUDGET ' ' ^' O.N. WATER ' STEVENS".+"`-..= / � (CIP2O11~2013)Project � No-86.57 January 17' 2O11 T �FUNDS AVAILABLE: Water CXP (3O1O-2O1�4 ' ,__ _,______^___.___—__-----.`------- $5,700,800.00 � FUNDS REQUIRED: Construction Base Bid plus AA1 and AA2(BamcoMz Commercial, |nc.).................... $3,172,000'00 � ContingencyMO%\............................................................................................. 817.200.00 ` Consultant Fees.- , "�=y ' Con�U�@n�(�huoh/\D�G�� LLC)*..... `- . --''...—......—.—..--..''.''''''�—''''''—'....'—�. 2B0.�58.00 Construction Observation (AGCM, Inc.).............................................................. 137,606'00Project � Management Consultant RR,H. Shauk|eford\\................................................ 14.875.00 ' Geotechnical Consultant (Rock Engineering 8TesbnQ)...--......—...—.�.--.�.--.. 23,414.00 � � Asbestos Conaultmnt(N��v�L hU `---, oumuu�.�. ........,...—...--,..—.........—.........--...— 20.720.00 / ,Security Gate Services (Total Protection Systems, |nc.) ............................................ 110.084.20 � Materials Testing (TBD) ---------~-------^---.----^--. 14,375.00 | | Contract Administration (Contract preperaUoD/AvvanJ6Adnlin)...................................... 87,230.00 , Engineering Services\r/�yyu.o8u�pD$tF xQo/nmnc MmM` ------..----r... 111.020.00 � Finance Issuance ................................................ .................. -----.—.—. 7'9�0.00 � K�ao (Printing,Advertising, etc.) _ , . . __,........................_..............................--...—...... / y�VUV � TOTAL............................................................................................................ ESTIMATED PROJECT BUDGET BALANCE^*...................................................... $1.393.107.80 � ° Contract approved bvCouncil June 8. 2009. � ' � ~ ' —248— 1 File \Mproject\councitexhibits\exh8657.dwq N PROJECT LOCATION NUE'CES all P r•M• 624 pf 1 ECTS SAY 3 Cpunry a a Ua RIVE, w U J AGNES AGNP FIWY 44 � $ Y g� CCL4 o BEAR a W. P INT 0 O4� 4, S c'�w AApR�, LOCATION MAP Nor ro smr PROJECT#8887 CITY COUNCIL EXHIBIT O.N. Stevens Facility Alterations DTEXAS "arl P°EuCORPUS INEERrF's s PAGE: 1 of 1 in -249- CHUCK 0nAST05 a 4 5 0 C I A T i k L I. C 02 December 2011 Mr. Pete Anaya, PE i Director of Engineering Seivices i City Of Corpus Christi I PO Box 9277 Corpus Christi. TX 78469-9277 Re: Approval of the General Contractor for the ON Stevens facility - Alterations Project, City Project No. 8657 1 Dear Mr. Anays: �.. I recommend acceptance of Barcom Coirtmerct'a•:. Inc. as the successf:vl Bidder for the above referenced City Project. As you are aware: Corbett 61 r•. : f Commercial Builders were the actual low bidder, but requested a retraction I ` their bid due to a materials deficit in their proposai. 0BaX001 COMI IeI i; �c:. are the next lowest bidder and they have submitted all ii,formatior; a;; f A R C H I T E C T U R E required. All references were found to he acceptable. INTERIOR DESIGN Please call with questions or additional information you may require Sincerel Chuck A.• stns, AIA Project rchitect P O BOX 3993 CORPUS CHRISTI TEXAS 70453 .. _. i 901 5 STAPLES CORPUS CHRISTI TEXAS 76404TEL 3VIBOd•A423 FAX 30IM4.4410 11 anastosastoatmesxom —250— Ii 1 9 I I I I I i 1 1 i 20 o v AGENDA MEMORANDUM for the City Council Meeting of January 17, 2012 DATE: 12/6/2019 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services petean@cctexas.com (361) 826-3781 Foster Crowed, Director of Wastewater Se rvices/1� � foster@cetexas.com `���� (361) 826-1801 Approval of Construction Contract: Greenwood Wastewater Treatment Plant 2011 Improvements Part A(Project No. El 0203) . Air Transmission Main Re-Routing I Part B (Project No. E10204) Electrical Control Room (ECR) Flood Protection Improvements AGENDA CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Associated Construction Partners, LTD of Boerne, Texas in the amount of $452,900.00 for Greenwood Wastewater Treatment Plant Improvements 2011 for Part A Air Transmission Main Re-Routing. Part B Electrical Control Room. BACKGROUND AND FINDINGS: The proposed project is funded through City of Corpus Christi Wastewater Department's FY 2011-2012 Operating Budget. The contract has bid and City Council approval is required for construction to commence. The project consists of two parts: Part A fixes an air leak with the existing underground piping installed in 1990 and re-routes the 30-inch underground air line to above ground for feed to the existing blowers which supply the existing aeration basins. Part B provides additional flood protection by raising the perimeter wall of the electrical control room to protect the facility from flooding from adjacent Viola Creek. On October 26, 2011, the City received proposals from five (5) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Associated Construction Partners, LTD $452,900.00 Boerne, Texas J. S. Haren Company $467,000.00 Athens, Tennessee GIN-SPEC, Inc $468,288.00 Kennedale, Texas KAENGINEERING OATAEXCHANGESROBERTQIWASTEWATER4PROJECTNO.E10203- -253- El0204GREENWOOp WASTEWATERTREATMENTPLANTIMPROVEMENTSPARTAAIRTRANSMISSIONMAINRE-. ROUTINGPARTBELECTRICALCONTROLROOM(ECR)FLOOOPROTECTIONIMPROVEMENTSk1%20AGENOA%201TEM[i).00CX ALTERNATIVES: There are no alternatives associated with this Base Bid. OTHER CONSIDERATIONS: The City's consultant, Urban Engineering, conducted a bid analysis of the five proposals submitted to the City. The lowest bidder based on the Total Base Bid is Associated Construction Partners, LTD of Boerne, Texas. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Associated Construction Partners, LTD. has the experience and resources to complete the project. Urban Engineering recommends that the City award the Base Bid in the amount of $452,900.00 to Associated Construction Partners, LTD. CONFORMITY TO CITY POLICY: Budget.Conforms to statutes regarding construction procurement criteria; FY 2011-2012 Wastewater Operating EMERGENCY INON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Wastewater FINANCIAL IMPACT: Operating Ex ense Project to Date Fiscal Year: 2011-2012 Expenditures Current Year Future Years TOTALS CIP only) Line Item Budget $578,560.75 $578,560.75 Design 1 Expended $37,900.00 Amount $37,900.00 This item $452,900.00 $452,900.00 BALANCE $87,760.75 $87,760.75 Fund(s): Wastewater Operating Comments: The project requires 150 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 recommends that the construction contract be awarded to Associated Construction Partners, LTD. of Boerne, Texas in the amount of $452,900.00 for the Greenwood Wastewater Treatment Plant 2011 Improvements. 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 Oscar R. Martinez, Assistant City Manager —254— KIENGINEERING DATAEXCHANGBVELMAPIWASTEWATER1Eid203 PART A&E10204 PART B GREENWOOD WWTP 2011 IMPSLCONSTRUCTION11 AGENDA ITEM.DOCX PROJECT BUDGET GREENWOOD WASTEWATER TREATMENT PLANT 2011 IMPROVEMENTS Project No. E102031 El 0204 January 10, 2012 FUNDS AVAILABLE: Wastewater Operating (2011-2012)............................ ................ $586,486.50 FUNDS REQUIRED: Construction (Associated Construction Partners, LTD) Base Bid............................. $452,900.00 Contingencies (10%)...................................................................................... 45,290.00 Consultant Fees: Consultant Design (Urban Engineering) ...........................:.........* ...................... 43,300.00 Construction Observation Services (Urban Engineering) **.................................... 6,500.00 Construction Materials Testing (Allowance)....................................................I.... 9,058.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)................................. 12,454.75 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt).................................... 15,851.50 E Misc. (Printing, Advertising, etc.)............................................................. ......... 1,132.25 TOTAL....................................................................................................... $586,486.50 *Consultant Contract awarded administratively on December 9, 2010. ** Construction Observation Services included in Urban Engineering's consultant contract. -255- ale \MProfect\councilexhibits\exhE10203-10204.dwg N y NUECES.TAV CoRPus c.9 lusI 1'2?.1` y h 1 s Fx 49 NAS LAGUNA PROJECT LOCATION p XIDRE $ FN Nom+ MEW GUc-T OF Q afExTco SITE LOCATION NOT TO SCALE PROJECT#E10203-EI0204 GREENWOOD WASTEWATER CITY COUNCIL EXHIBIT CITY TREATMENT PLANT DEPARTMENT OFFENGINEERING US 'SERVICES 2011 IMPROVEMENTS PAGE: I of 1 c , 21 l 4 1 t° o AGENDA MEMORANDUM oRP w o for the City Council Meeting of January 17, 2012 assn DATE: January 11, 2012 TO: Ronald L. Olson, City Manager FROM: Armando Chapa, City Secretary armandoc@cctexas.com 826-3105 UPDATE TO CITY COUNCIL— Redistricting Plan _ STAFF PRESENTERS : Name Title Position Department 1. Armando Chapa City Secretary City Secretary 2. Carlos Valdez City Attorney Legal Department 3 3. OUTSIDE PRESENT ERS : -I Title/Position ition Organization i Name .�. 2. 3. BACKGROUND : On December 13, 2011 the city council designated a Redistricting Illustrative Plan and set a public hearing date of January 5, 2012 to receive comments from the public. Attached is a report provided by Mr. David Mendez, Bickerstaff Heath Delgado Acosta, LLP. The first reading for adoption of the Redistricting Plan is scheduled for January 24, 2012 and the second reading is scheduled for January 31, 2012. LIST OF SUPPORTING DOCUMENTS: Report -259- Ri rstaft: Heath Del gdo Acosta LLP. M allue Fipmvuwuy- 116110%OmSuffi 3011 AurfinJ xun 76746 (512}472-801 Fax(412).1204918 umryti h,ekrr�r,ifLcm January 10, 2012 VIA E-MAIL; armandoc cctexas.com The Honorable Joe Adame,Mayor&Council Members City Council City of Corpus Christi 1201 Leopard Street Corpus Christi,Texas 78401 Re: City of Corpus Christi, Texas—Redistricting 2011 Dear Mayor Adame and Council Members: On January 5, 2012, a joint public hearing by the City of Corpus Christi along with Del Mar College District was held to receive comments from the community concerning the District's and the City's Illustrative Redistricting Plans. The public hearing was held at 6:00 pm at the City Council Chambers of the City of Corpus Christi,Texas. Mr. Armando Chapa, the City Secretary presented opening remarks on behalf of the City. Dr. Mark Escamilla opened the proceedings on behalf of the College District. Dr. Sloan also attended and assisted in the presentation on behalf of the College District,Mr.Carlos Valdez, the City Attorney and staff attended on behalf of the City. Approximately a dozen citizens were in attendance as well as other city and college district staff and members of the media. A list of attendees at the public hearing is attached, Copies of maps of the illustrative plans for the respective entities were available for examination by the public along with charts describing the demographic information about the plans and other relevant information. On behalf of the political subdivisions, l presented a brief description of the redistricting process undertaken by each entity and described the respective illustrative plans. To facilitate the public's understanding of the proposed changes, the City had included a matrix with their map depicting election precinct changes around the City as there were several election precinct changes depicted in the City's map. Citizens present were invited to provide their input and ask questions. There was no opposition to the illustrative plans proposed by either the College District or the City and speakers, including Mr. Abel Alonzo, Ms. Susie Luna-Saldana and Mr. Ramiro Gamboa, expressed support for the maps. There was one question at the beginning of the presentatkon from Ms. Coretta Graham asking about the basis upon which the impact on minority voters was assessed. I responded to the inquiry by indicating (and providing) the demographic charts and describing how the Department of Justice relies on population figures to assess Section 5 issues.. Another citizen (Mr. Rene Saenz) requested demographics for the election precincts in the City —260— Mayor Adame and Council Members January 10,2012 Page 2 which is being provided to him. The policies of the respective entities also allowed for the filing of written comments. One written comment was received regarding the City's illustrative map from Ms. Coretta Graham who stated the following regarding the City's map: 1. "District 3 looks too large" Analysis: We assume this to be a reference to the geographic size of the district as the number of persons within each district is within the mathematical 10% deviation requirement of the constitution. The reason the district is larger in area is simply that the territory encompassed by the district is less densely populated than the rest of the City. There is no legal requirement that would cause the geographic size of the district to trump the constitutional one person — one vote requirements. -- 2. "Was there consideration of adding additional districts?" Analysis: The constitutional one person--one vote requirement applies to existing council districts as specified by the charter. The Voting Rights Act of 1965 likewise does not compel or require a City to modify the size of the council. The benchmarks utilized by DOJ for analysis of the Section 5 implications is based on the number of council member districts in existence at the time of the release of the census. The comment and question do not raise a legal issue that requires action by the council. An article in the Caller Times, the local daily newspaper appearing on January 6, 2012 idescribes the continents presented at the hearing in substantial detail and reports that"Hispanic r' voting rights advocates support Corpus Christi,Del Mar redistricting maps." The paper goes on to quote Mr. Gamboa, who was identified as representing the League of United Latin American jCitizens Council No. 1, as indicating that "it's well balanced...when a cross section of town is electing people who are qualified, you know it's not about race" The article also quotes Mr.Abel Alonzo as saying "If the community was unhappy, this (place) would have been full" A copy of the article as it appeared on the newspaper's internet website is attached. The report appears accurate,complete and describes the substantive comments from the hearing. Audio and video recordings of the proceedings were also made and are available for your inspection upon request. If you have any questions or comments,please do not hesitate to contact me. Sincerely, David M6ndez DMllj Attachments —261— i i 9 22 3 i k O I` AGENDA MEMORANDUM oAPaa,a for the City Council Meeting of January 17, 2012 1852 DATE: January 9, 2012 TO: Ronald L. Olson, City Manager FROM: Oscar Martinez, Assistant City Manager oscarm cctexas.com (361) 826-3235 J UPDATE TO CITY COUNCIL—Regional Parkway Update STAFF PRESENTERS Name Title/Position Department T 1. Oscar R. Martinez Assistant Ciity.Manager Public Works 2 3. OUTSIDE PRESENTER (S): Name Title/Position Orc ianization 1. Leah 011varri Consultant Olivarri &Associates 2. Tom Niskala CEO Metropolitan Planning Organization 3. BACKGROUND : The Corpus Christi Metropolitan Planning Organization (MPO), the City of Corpus Christi and Nueces and San Patricio Counties in cooperation with the Texas Department of Transportation (TxDOT) are working together to determine if itis feasible or necessary to develop a new transportation corridor to connect Nueces and San Patricio counties. Representatives would like to make a presentation to your elected body regarding this project known as the Regional parkway Feasibility Study. The feasibility study will determine whether existing roadways are sufficient,. need to be expanded or if a new roadway is needed. LIST OF SUPPORTING DOCUMENTS: (E.g. PowerPoint, report) Powerpoint to be provided Approvals:Oscar R. Martinez, Assistant City Manager -2fi5- Re on CONNECTIVITY FOR NUECES AN © SAN PATRICIO COUNTIES CORPUS CHRISTI Texas � G�Ly Of - - �� Department @ � COTpllS 1 1_J� Regionalt((Parkway Project Description Determine feasibility of a transportation corridor that could complement and enhance mobility of the two county region gionalt0arkway u istory While discussed for decades, in 2010 Corpus Christi MPO, City of Corpus Christi , Nueces County and San Patricio County committed funding for this feasibility study to allow for orderly planning in the future Regional •Parkway Guidance The four funding partners and TxDOT have representatives who serve on the Project Coordinating Committee which provides guidance and oversight. Committee has been working with consulting team in 2011 to determine feasibility and develop concepts Regional • • Study Area ■■■■■■■ CM All 136 I79 77 ■■ \ ■�■■ 275,000 - ' �,� ■�'��■� �� ��, ■■ 631 \ fir° 07 • I • County k; crossings .._© ■� IT- Ccrj�,Lls '44D 359 6 86 2444 ■ ■■. `!rte � "' �� m Regional Parkway Need and Purpose • Reduce Congestion • Facilitate Regional Mobility • Facilitate Potential Growth • Address Safety Issues • Hurricane Evacuation Route Regional'�iParkway ParkwayConcept PARKWAY PHASE 1 AL Way(USUAL� PARKWAY PHASE2 AL '180'RIgMofWay(USUAL) > PARKWAY TYPICAL SECTIONS Re ionoll(L.Parkway 9� ... 1 L� Regionals Parkway Alternative Evaluation Process Regional Parkway Evaluation Methodology • Begin Step 5 Alignment Identification Phase Viable • Reasonable Step 4 Corridor Alternative Screening Identification Conceptual • Conceptual Alternative Evaluation Step 3 'Identification: Screening Study• Fatal Flaw s(Fatal Flaw Analysis) Step 2 • Screening Study(AART Matrix) Data Step 1 Collection DemandTravel I- Regional s • Fatal I Evaluation ' ■ :,���1I � 111■■■■�.. � 77 *AART Process 31 `� ■��■ Alternatives ® 4 *Identify Conceptualin Alternatives arA ■T 3] 69 �1a A'► 70 i ,- Regional Parkway Conceptual Alternatives Decision Matrix • Mobility • Environmental • Engineering • Public Involvement Regionalt#Parkway Conceptual Alt rn tIVe a es Summary 0 r N M � LO t0 1- W Mr W W W W W W W W W W > > > > > > > > > > Corridor Alternative o Q a a a a a a a a a J Z Z Z Z Z Z Z Z Z Z M W W W W W W W W W W O J J J J J J J J J J z a a a a s a a s a s Comparative Ranking 11th 3rd 2nd 7th 6th 4th 1St 5th Stn 10th Stn Overall Alternative Score 2.53 3.52 3.82 2.93 3.00 3.43 4.14 3.39 2.85 2.55 2.56 Mobility 1.61 4.11 4.61 3.50 3.06 3.67 4.00 3.50 3.17 2.94 2.61 Environmental 4.82 3.18 3.91 3.36 4.27 3.27 3.82 3.09 3.27 2.82 3.18 Engineering 2.72 3.78 3.78 3.83 3.67 3.78 3.78 3.94 3.94 3.44 3.44 Public Involvement 1.00 3.00 3.00 1.00 1.00 3.00 5.00 11 3.00 1.00 1.00 1.00 �7Z Reg,i1ona1 Parkway Viable Corridors i � I No-build 0 _ I _ < I • Alternative 1 = IIS • Alternative 2 I • Alternative 5 • Alternative 6 _ I li • Alternative 7 _ if RegionalitlPa1-1- -.1-rkway Project Timeline Fatal Flaw Analysis � Conceptual Alternative Evaluation • Viable Alternative Evaluation • Reasonable Corridor Identification Complete Feasibility - Spring 2012 Regional Parkway Future Steps Detailed Environmental Study (EIS) of alternatives to identify specific route and other design specifics Would involve significant public outreach Funding required for this study and for parkway Could be built in phases Taking only first steps in multi-step, long term process Regional Parkway More Information • Corpus Christi MPO website (under Projects Tab): www.corpuscnristi-mpo.org • Contacts: Tom Niskala — 361 - 884 — 0687 Bob Leahey — 210 -841 -2835 Leah Olivarri — 361 — 884 - 5000 I- Regional Parkway Comments Your feedback, thoughts, comments I- Regional Parkway Conceptual • ■■i■■■■ . Alternative 1 ••� 77 ■■ ■-■■. y 107 36 93 992 24 181 ■■ .,_ WaS:r 44 31 ■��1 G3S n86 la 44 4— i , ■ ®� �� Regional • • Conceptual Alternatives ■■: � �� IRR ■ 796Alternative 2 n4 -77 aft _ ■■■■■rte ■l VIII 1074 361 %■■■■■-- �- i■��tp G3 _ CD, ■IIS � � �: c �,.:• �444- �\ ■ ®■ Regional Parkway Conceptual • IRR Alternative 5 Od -'�.77 ■■ ■111111.■■■ y �,■■■■■ ' a J01 s 7 893 624 &f PGQf3�rf)c�,p ::-off. 44 '. ■���� j , ■��0 76 f ! ! • • • ` • • I AN —TRICIO CGUNTIES Conceptual Alternatives .� �'� ■■ ■111.■■.Iy Alternative 1♦ ��■■■■ Raft ' _ 93 361 as 43 Emtdll ✓,��" ■■t� 7 ■ � Regional Parkway Conceptual • Alternative 7 2�4 /�■■■■ 1 37 .■ 1 2 361 43 4 Nig-.�'Sl� .. J{ ...* .,r•/C / 23 i i I i AGENDA MEMORANDUM b for the City Council Meeting of January 17, 2012 xs�s DATE: January 11, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E. Interim Director of Engineering Services 0 Vj�tz danb@cctexas.com, (361)826-3729 F09 D .T UPDATE TO CITY COUNCIL— Bond Issue 2008 projects and Mansheim (Gabriel to Kostoryz) and Helen (Sunnybrook to Gollihar) Project STAFF PRESENTER (S): Name Title/Position Department 1. Oscar R. Martinez Assistant City Manager Public Works &Transportation 2. Daniel Biles, P.E. Interim Director Engineering Services 3. Pete Anaya, P.E. Director Planning Department OUTSIDE PRESENTER (S): Name Title/Position Organization 2. 3. BACKGROUND : This is an update to City Council on the Bond 2008 voter-approved project Mansheim (Gabriel to Kostoryz) and Helen (Sunnybrook to Gollihar) as well as an overview of the projected Bond 2008 street balance. LIST OF SUPPORTING DOCUMENTS: (E.g. PowerPoint, report) PowerPoint Presentation Approvals: Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager Bond 2008 Mansheim (Gabriel to Kostoryz) and Helen (Suflnybrook to Gollihar) Project Council Update January 17, 2012 Ciiyoftnrpus Cfuisli MANSHEIM AREA IMPROVEMENTS • MANSHEIM AREA IMPROVEMENTS. — C4 CO �rt�°'y "i".1,6 i:dalT‘ IR4.I�SiiR'/ 3R P City ofCorpus chrisii Making Y«¢ City Great !fond 2008 Bond 08 Description • Proposition One Ballot Language included the following: The Issuance of Public Securities for the Construction of Street improvements...including: MANSHEIM & HELEN - GABRIEL TO KOSTORYZ & SUNNYBROOK TO GOLLIHAR • Council Informational Packet description of this project is: Mansheim & Helen - Gabriel to Kostoryz & Sunnybrook to Gollihar. This project consists of pavement reconstruction of Mansheim and Helen Street with repairs of base failures on a portion of Sunnybrook Street. This project includes curb & gutter, sidewalks, driveways, lane striping and markings, lighting and ADA improvements. City dCorpus �" Making Y City Great. 3 Bond 08 Street Balance • Have Bid 19 of 26 Individual Street Projects • Savings to date is approximately $14.OM • Projects left to bid —Wooldridge Road (Jan 1 ) — Charles Drive (Jan 12) — Staples Street (Brawner to Barracuda) (Febul2) —Williams Drive Phase 1 & 2 (Mar 12) — Downtown Streets —Chaparral Street (Mar 12) -- Holly Road - TxDOT Participation (FY 15) 4 Bond 08 Street Balance • Savings to date is approximately $14.OM — Cannot use on non -Bond 08 projects until substantially complete with Bond 08 project construction (Expected late 2012/early 2013) -- Tentative Projects already identified by Council: • Yorktown expansion: Cimarron to Rodd Field ($9M) • Park Road 22 Bridge project balance ($4.5M) • Yorktown/Rodd Field Road intersection Realignment ($1.5M) — Use Street Matrix for any additional Road Projects • Prioritized Road Segments based on PCI, ADT, Safety Issues, Proximity to Schools/Hospitals & Projected Growth Patterns CiyofCaryusChritti -- Other Council Considerations 5 'J _, . .. . . -. -. : .: r i ..: Si j :; '.,` g ! 9 .: .:': '�':. .:: IIll I 1 III C4� I�� I�l:i ; � :�� : „,� . .w... _ : .. r. . :: :: .. - :.3:i ::., c .. - .::: .. .." 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