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Agenda Packet City Council - 04/17/2012
11:45 A.M. - Proclamation declaring April 21, 2012 as "PowerTalk 21 Day" Proclamation declaring May 3, 2012 as "Corpus Christi Technology Olympics Day" Proclamation declaring the week of April 22 -28, 2012 as "National Crime Victims' Rights Week" Proclamation declaring the month of April, 2012 as "Child Abuse Prevention and Awareness Month" Recognition by Mayor and City Council — Dr. Arnold Barrera, Evans Elementary Class — Field Trip to Observe City Council Meeting Swearing -in ceremony of newly appointed board, corrimission and committee members, AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 APRIL 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. Si Usted desea dirigirse al Concilio y tree que su ingles es limitedo, habre un interprete ingles- espanol en Codas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Rabbi Kenneth D. Roseman, Congregation Beth Israel. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem David Loeb Council Members: Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla Leal John Marez Nelda Martinez Mark Scott City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting April 17, 2012 Page 2 E. MINUTES: 1. Approval of Workshop and Regular Meetings of April 10, 2012. (Attachment #1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate tfiscussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: 2. Su I a regiment for urchase of Iibra books and recordin s. Motion approving a supply agreement with Baker & Taylor, inc., of Charlotte, North Carolina for library books and recordings, based on lowest responsible bid in accordance with Bid Invitation No. BI- 0074 -12 for a total estimated annual expenditure of $216,360 of which $54,090 is required for the remainder of FY2011 -2012. The term of the agreement shall be for twelve months with options to extend for up to four additional twelve month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by the Corpus Christi Public Libraries in FY2011 -2012. (Attachment #2) Agenda Regular Council Meeting April 17, 2012 Page 3 3. Purchase of police package sedans Motion approving the of seven (7) Ford Fusions from Philpott Motors, of Nederland, Texas for a total amount of $131,721.75. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. These units are replacements to the fleet and will be used by the Police Department. Funds are available in FY2011 -2012 Capital Outlay Budget of the Maintenance Service Fund. (Attachment #3) 4. Purchase of specialized equipment - Motion authorizing the purchase of specialized equipment for a total amount of $118,223.01 utilizing funds from the Department of Homeland Security FEMA under the 2010 Port Security Grant Program (PSGP) and the Law Enforcement Trust Fund to purchase law enforcement equipment for the Police Department. Funds are available in the Police Grant Fund 1061. (Attachment #4) 5. Acceptance of State grant for drug trafficking prevention program a. Motion authorizing the City Manager or designee to accept a grant in the amount of $165,840 from the Executive Office of the. President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High intensity Drug Trafficking Area. (Attachment #5) b. Ordinance appropriating $165,840, in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment #5) 6. State grant application for summer food program Resolution authorizing the City Manager or designee to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to Agenda Regular Council Meeting April 17, 2012 Page 4 operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. (Attachment #6) 7. Acceptance of State grant for after school snack program and appropriation of funds a. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $191,120 from the Texas Department of Agriculture for the Latchkey After School Snack Program. (Attachment #7) b. Ordinance appropriating a grant in the amount of $191 ,120 from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. (Attachment #7) 8. Renewal of lease with Gulf Coast Gem and Mineral Society, Ordinance authorizing the City Manager or designee to execute a three -year lease agreement with Gulf Coast Gem and Mineral Society for the use of a building at 3933 Timon. (Attachment #8) 9. Approval to submit documentation regarding eminent domain Resolution authorizing the City Manager or designee to sign and submit documentation of Eminent Domain Authority to the Texas Comptroller of Public Accounts detailing the City's legal authority to exercise its power of eminent domain, as required by Chapter 2206, Subchapter C, Texas Government Code (added by Senate Bill 18, 82nd Regular Session). (Attachment #9) 10. Acceptance of State grant for air Quality planning and approval of agreements to administer work programs a. Resolution authorizing the City Manager or designee to accept a FY2012 -2013 Biennium Rider 8 Grant from the Texas Commission on Environmental Quality (TCEQ) in the amount of $442,300.00 for Air Quality Planning; authorizing the City Manager or designee to execute Amendment No. 1 to the Interlocal Cooperation Agreement with North Texas University in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for Air Quality Agenda Regular Council Meeting April 17, 2012 Page 5 Monitoring and Modeling; authorizing the City Manager or designee to execute Amendment No. 1 to the Interlocal Cooperation Agreement with Texas A & M University in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for the Pollution Partnership Alliance (Air Quality). (Attachment #10) b. Ordinance appropriating $442,300 from the Texas Commission on Environmental Quality (TCEQ) in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. (Attachment #10) 11. Correction to metes and bounds and map of dedicated access easement Second Reading Ordinance — Amending Ordinance No. 028064 with regard to the condition noted at SECTION 2.a., by replacing former Exhibit B with the current Exhibit B, pages 1 through 3, and by deleting the last sentence. (First Reading 4/1 0/12) (Attachment #11) I, EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session do the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. • Executive session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding contemplated litigation related to the City wastewater treatment plants, 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. 2011 -DCV- 1103 -C, styled J.D. Maldonado, Gabriel Vega, Timothy, Wells, et al v. City of Corpus Christi, presently pending in the 94th District Court of Nueces County, Texas, with possible discussion and action in open session. Agenda Regular Council Meeting April 17, 2012 Page 6 • 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, with possible discussion and action in open session. J. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS, AND ORDINANCES: 12. Resolution authorizing street assessments for construction of sound wall on Flour Bluff and Cornerstone Drives; and setting_ public hearing a. Resolution determining the necessity for and ordering the following highway improvement in Corpus Christi, Nueces County, Texas, in connection with the Flour Bluff Street Improvements: construction of a sound wall structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive; specifying that this improvement will be paid for partly by the City and partly by assessments; and directing the City's Director of Engineering Services to file a notice of the proposed assessment with the Nueces County Clerk. (Attachment #12) b. Resolution approving plans and specifications for improvement to the following highway in Corpus Christi, Nueces County, Texas: Flour Bluff Drive and Cornerstone Drive; approving the Director of Engineering Services' Project Construction Cost Estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessments; setting a public hearing on the proposed assessment to occur during the April 24, 2012 City Council Meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. (Attachment #12) Agenda Regular Council Meeting April 17, 2012 Page 7 13. Resolution in support of Villas at Woodbend tax credit application Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed construction of The Villas at Woodbend, approving an application for 9% housing tax credits and Home Investment Partnership Program Funds to finance such project; and providing an effective date. (Attachment #13) K. FIRST READING ORDINANCES: 14. Ordinance changing the FY2011 -2012 Operating Budget regarding_the number of police officer positions budgeted First Reading Ordinance — Changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155, regarding the number of police officer positions budgeted, reducing the number of Police Commanders from five to four, and increasing the number of Assistant Police Chiefs from two to three; and providing an effective date. (Attachment #14) 15. Amending FY2012 CIP Budget to use Type A sales tax proceeds for American Bank Center Arena loading dock a. First Reading Ordinance - Approving and appropriating the transfer of $75,000 from No. 1130 Arena Facility Fund to and appropriating in the No. 3274 Arena Type A Capital Improvement Project (CIP) Fund for the preliminary investigation of the American Bank Center loading dock; amending the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing expenditures by $75,000. (Attachment #15) b. First Reading Ordinance - Amending the FY2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add Project No. E12016 American Bank Center loading dock; increasing expenditures in the amount of $75,000. (Attachment #15) L. PUBLIC HEARINGS: ZONING CASES: 16. Zoning change for property located at 7614 Slough Road from farm -rural to residential Agenda Regular Council Meeting April 17, 2012 Page 8 Case No. 0212 -05: Juan G. Romero: The applicant is requesting a change of zoning from the "FR" Farm -Rural District to a "RS -6" Single- Family 6 District, not resulting in a change of the future land use. The property to be rezoned is a 0.213 acre out of the southwest 3 acres out of Lot 27, Section 26, Flour Bluff & Encinal Farm and Garden Tract, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26). (Attachment #16) Planning Commission's and Staff's Recommendation: Approval of the rezoning to the "RS -6" Single - Family 6 District. ORDINANCE Amending the Unified Development Code (UDC) upon application by Juan G. Romero, Owner, by changing the UDC zoning map in reference to 0.213 acre out of the southwest 3 acres out of Lot 27, Section 26, Flour Bluff and Encinal Farm and Garden Tract, from the "FR" Farm -Rural District to the "RS- 6" Single - Family 6 District, amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. CONSOLIDATED ANNUAL ACTION PLAN: (TO BE CONSIDERED AT APPROXIMATELY 2:00 P.M.) 17. Proposed FY 2012 -2013 Consolidated Annual Action Plan a. Public hearing regarding the City of Corpus Christi's proposed FY 2012 -2013 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships (HOME) Programs. (Attachment #17) b. Council discussion and possible recommendations on a list of projects / activities to be funded. (Attachment #17) 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. Agenda Regular Council Meeting April 17, 2012 Page 9 FUTURE AGENDA ITEMS: 18. Approval of lease purchase of alternative fuel dump trucks for Wastewater Motion approving the lease purchase of five (5) dump trucks from Rush Truck Centers of Texas LP, of Houston, Texas for a total amount of $897,500 of which $65,085.77 is required for the remainder of FY2011 -2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Wastewater Department. Financing for the lease purchase of the vehicles will be provided through the City's lease /purchase financing program. (Attachment #18) 19. Replacement tractor /backhoe equipment for Gas Department operations Motion approving the purchase of one (1) Series lIl tractor /loader/backhoe from Nueces Power Equipment, of Corpus Christi, Texas for a total amount of $67,140.85. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The equipment will be used by the Gas Department. Funds are available in FY2011 -2012 Capital Outlay Budget of the Maintenance Service Fund. (Attachment #19) 20. Approval to submit State grant application for auto theft burglary program Resolution authorizing the City Manager or designee to submit a grant application in the amount of $681,248 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 12 with a City cash match of $503,003, in- kind match of $14,019 and program income match of $8,541 for a total project cost of $1,206,811 and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant, (Attachment #20) Agenda Regular Council Meeting April 17, 2012 Page 10 21. Approval of program logic control upgrades to O.N. Stevens Water Treatment Plant Motion authorizing the City Manager or designee to execute a construction contract with Associated Construction Partners, of Boerne, Texas in the amount of $381,190 for O.N. Stevens Water Treatment Plant Caustic Feed and East Program Logic Control (PLC) Upgrades. (Attachment #21) 22. Construction contract for Corpus Christi Beach Promenade Northward Extension Motion authorizing the City Manager or designee to execute a construction contract with H2O Construction Services, Inc., of Corpus Christi, Texas in the amount of $403,272 for the Corpus Christi Beach Promenade Northward Extension for the Base Bid. (Attachment #22) 23. Subscription for infrastructure project coordination software for Water Department Motion approving a two -year subscription agreement for the Envista Project Coordination software from Envista Corporation, of Beverly, Massachusetts, based on sole source for the total amount of $96,000, to be used by the Utility Departments for the web -based infrastructure project coordination. Monies are available in the Water and Wastewater Department Operating Budgets for FY2012. (Attachment #23) 24. Agreement to provide wastewater to proposed Ranch Lake Unit 2 residential subdivision Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Mostaghasi Enterprises, Inc., owner and developer of Ranch Lake Unit 2, located south of Yorktown Boulevard between the Schanen Ditch and Lake Superior Drive, for the extension of an 8 -inch collection line, including all related appurtenances. (Attachment #24) Agenda Regular Council Meeting April 17, 2012 Page 11 25. Special Permit Time Extension for a multifamily residential complex located at 2725 Leopard Street Case No. 0311 -02: The NRP Group: The applicant is requesting that Zoning Ordinance 029044 be amended by adding a twenty -four (24) month time extension for a previously granted Special Permit. (Attachment #25) Planning Commission and Staff Recommendation: Approval of the requested Special Permit time extension for an additional twenty -four (24) months. FUTURE PUBLIC HEARING 26. Public hearing and ordinance imposing assessments and liens for Flour Bluff Drive a. Public Hearing on Proposed Assessments for Improvements (Construction of a Sound Wall Structure on Public Right -of- Way) on Flour Bluff Drive. (Attachment #26) b. Ordinance closing the public hearing on proposed assessments for improvements to the following highway in Corpus Christi, Nueces County, Texas: Flour Bluff Street Improvements: construction of a sound wall structure on public right -of -way at the corner of Flour Bluff Drive and Cornerstone Drive; imposing assessments totaling $23.,509.68 against property abutting the improvements; fixing corresponding liens on property and charges against property owners; providing for subsequent •adjustment of assessment amounts and the corresponding liens and charges based on as -built conditions; specifying assessment payment terms and lien enforcement measures. (Attachment #26) UPDATES TO CITY COUNCIL: (NONE) 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 Agenda Regular Council Meeting April 17, 2012 Page 12 recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION, 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL. DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. CITY MANAGER'S COMMENTS: * Update on City Operations P. ADJOURNMENT: POSTING STATEMENT: This agenda was . posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 4:3 p.m., on April 12, 2012. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council Meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. MINUTES City of Corpus Christi, Texas Workshop Council Meeting. April 10, 2012 - 10:30 am Present: Mayor Joe Adame Council Members: Kelley Allen Larry Elizondo Priscilla Leal David Loeb *John Marez Nelda Martinez Mark Scott * Arrived at 11:15 am. City Staff: Asst. City Manager Oscar Martinez City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the workshop meeting to order in the Council Chambers of City Hall. 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. Mr. Oscar Martinez, Assistant City Manager stated that this is Workshop Number 3 regarding the Street Maintenance Financing Plan. Mr. Martinez provided a presentation including the following: Legislative Actions; Priority Rankings of Street Maintenance and Utility Work on Reconstruction. He discussed the following options: gasoline tax, vehicle registration fee, sales tax, special taxing district and property tax. Mr. Martinez further discussed new streets, street expansion, street reconstruction, operating costs, capital improvement program, utility work financial impacts, pavement condition index and standard rating scale, street maintenance priority rankings, street assessment criteria matrix, and utility evaluation process. Mr. Martinez stated that Workshop Session No. 4 is scheduled for April 17, 2012. The workshop meeting adjourned at 11:45 am. There being no further business to come before the Council, Mayor Adame adjourned the Workshop Meeting at 11:00 am on April 10, 2012. MINUTES City of Corpus Christi, Texas Regular Council Meeting April 10, 2012 - 12:00 p.m. Present: Mayor Joe Adame Council Members: Chris Adler Kelley Allen Larry Eizondo David Loeb Priscilla Leal John Marez Nelda Martinez Mark Scott City Staff: Assistant City Manager Oscar Martinez City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Chuck Goodwin, Fish for Life Ministries and the Pledge of Allegiance to the United States Flag was led by Council Member Chris Adler. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the Workshop and Regular Council meetings of March 27, 2012. A motion was made and passed to approve the minutes as presented. BOARD APPOINTMENTS The council made the following new appointments or reappointments to the city's boards, commissions and committees: Arts and Cultural Commission Brad Kis.ner (Higher Education), New Appointment . Patricia Mondragon (Youth /Education), New Appointment Board of Adjustment Bryan Johnson, Reappointed Morgan Spear, Reappointed Carl Hellums, Reappointed John McMullan, Reappointed (Regular Member) Heriberto Pineda, Reappointed (Regular Member) Cliff Atnip, New Appointment (Alternate Member) Taylor Mauck, New Appointment (Alternate Member) Landmark Commission Sean Thorson, New Appointment (Title Search) Minutes - Regular Council Meeting April 10, 2012 Page 2 Water Resources Advisory Committee Michael Potter, Reappointed (Landscaping) Scott Kucera, New Appointment (School District) Lucia Sosa, New Appointment (Citizen at Large) CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 8). Council members requested that Item(s) 5 be pulled for individual consideration. Staff announced that Item No. 6 was being pulled from the agenda. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2012 -069 Motion approving the lease purchase of two Bomag Tandem Vibratory Rollers from Anderson Machinery, of Manor, Texas for a total amount of $196,960.00 of which $10,551.81 is required for FY2011/2012. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (HGAC). The equipment will be used by the City's Street Department. All units are replacements to the fleet. Funds for the lease purchase of the Rollers will be provided by the City's lease /purchase financing program. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 4.a. RESOLUTION NO. 029433 Resolution authorizing the City Manager or designee to accept a six -month grant extension from the Texas Department of State Health Services (TDHS) for the Women, Infants and Children (WIC) Program for April 1, 2012 — September 30, 2012, and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 4. b. ORDINANCE NO. 029434 Ordinance appropriating a grant amendment in the amount of $500,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Women, Infants and Children Program resulting from an extension of the term of the grant agreement. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 6. WITHDRAWN Minutes - Regular Council Meeting April 10, 2012 Page 3 Monday, April 10, 2012 and ending at C:Be p.m. on Monday, April 23, 2012, for the Texas International Boat Shovel - 7. MOTION NO. 2012 -070 Motion approving the temporary street closure applications from the Buccaneer Commission forthe 2012 Buc Days events to begin on April 13, 2012 through May 5, 2012. The following street closures will be required for the festivities: BBQ Challenge and Rodeo Truck Trailer Parking - beginning April 15, 2012 at 8:00 a.m. through April 23, 2012 at 12:00 a.m.: • Street closure of North Broadway Street between Fitzgerald Street and Brewster Street • Street closure of Fitzgerald Street between North. Broadway Street and Mesquite Street • Street closure of Resaca Street between Chaparral Street and Shoreline Boulevard • Street closure of southbound Shoreline Boulevard between Resaca Street and the South Texas Art Museum Carnival - beginning April 23, 2012 at 6:00 p.m. through May 7, 2012 at 9:00 a.m.: • Street closure of southbound Shoreline Boulevard between Kinney Street and Park Street • Street closure of Kinney Street between south and northbound Shoreline Boulevard • Street closure of Born Street between Water Street and southbound Shoreline Boulevard • Street closure of Broadway Court between Water Street and southbound Shoreline Boulevard • Street closure of Park Avenue south and northbound Shoreline Boulevard The foregoing motion was passed and approved with the following vote: Adame, Adler, Alien, Elizondo, Leal, Loeb, . Marez, Martinez and Scott, voting "Aye ". 8.a. ORDINANCE NO. 029436 Ordinance amending the FY2012 Capital Improvement Budget adopted by Ordinance No. 029135 adding Project #E11090 Bayfront Seawall Maintenance Repair Project; increasing expenditures in the amount of $150,894. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 8.b. MOTION NO. 2012 -071 Motion authorizing the City Manager or designee to execute a Contract for Professional Services with HDR Engineering, of Corpus Christi, Texas in the amount of $150,894 forthe Bayfront Seawall Repairs. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". Minutes - Regular Council Meeting April 10, 2012 Page 4 The following item(s) was pulled for individual consideration and was voted on separately. 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: 5. RESOLUTION NO. 029435 Resolution authorizing the City Manager or designee to execute an Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for installation of additional box culverts, relocation of signals, and widening roadway at the intersection of State Highway 357 (Rodd Field Road) and Williams Drive for the Williams Drive Phase 1 from Rodd Field Road to Nile Drive with the City's participation in the amount of $8,562. (Bond Issue 2008) The foregoing resolution was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". Mayor Adame deviated from the agenda and referred to Item No. 14. Dan McGinn, Development Services stated that this item is abandoning and vacating a blanket gas pipeline easement out of the Mt. Vernon Shopping Center, Black 1, Lot 1, and Sherwin Place Unit 3, Block 1, Lot 1. Mr. McGinn stated that all gas lines have been located within the defined easements on the subject property and that staff recommends approval of this request. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 14. ORDINANCE NO, 029443 Ordinance abandoning and vacating a portion of an existing blanket easement, approximately 871,200 - square feet, located at Mt. Vernon Shopping Center, Block 1, Lot 1, and Sherwin Place Unit 3, Block 1, Lot 1; requiring the owner of the lots, the Smith - Johnson Partnership and Smith Mt. Vernon Holdings, Ltd., to comply with the specified conditions. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, 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: Executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, duties of Part Time Municipal Court Judge 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, with possible discussion and action in open session Minutes - Regular Council Meeting April 10, 2012 Page 5 The council went into executive session. The council returned from executive session. A motion was made by Council MemberAdier, seconded by Council Member Martinez and passed. City Secretary Chapa polled the council for their votes as follows: ORDINANCE NO. 029437 Ordinance appointment Todd Robinson as Part Time Judge of the Municipal Court of Record, City of Corpus Christi, Texas; determining salary and providing for a term of office. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Loeb, Marez, and Martinez, voting "Aye "; Leal and Scott were absent. PUBLIC HEARINGS Mayor Adame referred to Item No. 9. A motion was made and passed to open the following public hearing. Case No. 0212 -01, Urban Engineering: The applicant is requesting a change of zoning from the "RS -6" Single- family 6 District to the "RS -4.5) Single - family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2, without resulting in a change of future land use. The property to be rezoned is described as Flour Bluff and Encinal Farm and Garden Tracts, Section 26, 20.763 acres out of Lots 29, 30 and 31, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26). (Item postponed for two weeks on March 27, 2012) Dan McGinn, Development Services stated that this zoning case was presented during the future agenda. Mayor Adame asked for comments from the audience. There were no comments. Council Member Martinez made a motion to close the public hearing, seconded by Council Member Elizondo. City Secretary Chapa polled the council for their vote as follows: 9. ORDINANCE NO. 029438 Amending the Unified Development Code (UDC) upon application by Urban Engineering on behalf of Brooke Tract, LP, Owner, by changing the UDC zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 26, 20.763 acres out of Lots 29, 30, and 31, from the "RS -6" Single- family 6 District to the "RS -4.5" Single - family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Loeb, Marez, Martinez, voting "Aye "; Adler, Leal and Scott were absent. Mayor Adame referred to Item No. 10. A motion was made and passed to open the public hearing. Case No. 0212 -03, Encore Multi - Family, LLC.: The applicant is requesting a change of zoning from "CG -1" General Commercial District to "RM -2" Multi- family 2 District, resulting —7— Minutes - Regular Council Meeting April 10, 2012 Page 6 in a change of future land use from commercial to medium density residential. The property to be rezoned is 6.80 acres out of Lots 5 -C and 5 -D, Lokey Subdivision and Lot 6, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located along the west side of Nodding Pines Drive between Holly Road and Golden Canyon Drive. Dan McGinn, Development Services stated that this zoning case was presented during the future agenda. Mayor Adame asked for comments from the audience. There were no comments. Council Member Martinez made a motion to close the public hearing, seconded by Council Member Elizondo. City Secretary Chapa polled the council for their vote as follows: 10. ORDINANCE NO. 029439 Amending the Unified Development Code (UDC) upon application by Encore Multi - Family, LLC on behalf of Paramount Elite Development, LLC, Owner by changing the UDC zoning map in reference to 6.80 acres out of Lots 5 -C and 5 -D, Lokey Subdivision and out of Lot 6, Section 12, Flour Bluff and Encinal Farm and Garden Tracts from the "CG -1" General Commercial District to the "RM -2" Multifamily 2 District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, and Martinez, voting "Aye "; Adler and Scott were absent. Mayor Adame referred to Item No. 11. A motion was made and passed to open the public hearing. Case No. 0212 -04, City of Corpus Christi: The applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single- family4.5 District, resulting in a change of future land use from commercial to low density residential. The property-to be rezoned is Cimarron Center, Block 2, Lot 9A, located on the southwest corner at the intersection of Dunbarton Oak Drive and Earnhart Drive. Dan McGinn, Development Services stated that the current owner did not own property on the Tract. He stated that the "CN -1" zoning does not allow for single family development under the Unified Development Code, and that the city made the decision to move forward with this zoning change to bring the property into compliance with the future land use plan. Mayor Adame asked for comments from the audience. There were no comments. Council Member Elizondo made a motion to close the public hearing, seconded by Council Member Leal. City Secretary Chapa polled the council for their vote as follows: 11. ORDINANCE NO. 029440 Amending the Unified Development Code (UDC) upon application by the City of Corpus Christi on behalf of Ramey and Son Homes, LLC, Owner by changing the UDC zoning map in reference to Cimarron Center, Block 2, Lot 9A from the "CN -1" Neighborhood Commercial 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; and providing for publication. Minutes - Regular Council Meeting April 10, 2012 Page 7 An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, voting "Aye "; Adler and Scott were absent. Mayor Adame referred to Item No. 12. A motion was made and passed to open the public hearing. Case No. 0212 -02, Flint Hills Resources Corpus Christi, LLC: The applicant is requesting a change in zoning from "RS -6" Single Family 6 District, 'RS-6" Single Family 6 District / Special Permit 178 -16 and "RS -TF" Two Family District / Special Permit/78-16 to "CG -1" General Commercial District on Tract 1 and "IL" Light Industrial District on Tract 2, resulting in a change of future land use. The property to be rezoned is 9.586 acres (280,335.3 sq. ft.) of land, being all of Lots 134 -140, 191 -227, and a portion of Lots 141 -146, 187 -190, and 228 -239, a portion of Ebony Street (50 -foot right of way) and Baymoor Boulevard (50 -foot right -of -way), all in Baymoor Addition, located north of Interstate Highway 37 and west of Nueces Bay Boulevard. Dan McGinn, Development Services stated that this zoning case was presented during the future agenda. Mayor Adame asked for comments from the audience. There were no comments. Council Member Martinez made a motion to close the public hearing, seconded by Council Member Elizondo. City Secretary Chapa polled the council for their vote as follows: 12. ORDINANCE NO. 029441 Amending the Unified Development Code (UDC) upon application by Flint Hills Resources Corpus Christi, LLC by changing the UDC zoning map in reference to 9.586 acres of land being all of Lots 134 -140, 191 -227 and a portion of Lots 141 -146, 187 -190 and 228 -239 a portion of Ebony Street and Baymoor Boulevard, all in the Baymoor Addition from the "RS- 6" Single - family 6 District, "RS -6" Single - family 6 DistrictlSpecialPermitl78 -16 and "RS -TF" Two - Family District/Special Permit/78 -16to "CG -1" General Commercial on Tract 1 and "IL" Light Industrial on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez voting "Aye "; Adler and Scott were absent. REGULAR AGENDA Mayor Adame referred to Item 13. Dan Biles, Interim Director of Engineering stated that this item was presented during the future agenda. Mayor Adame asked for comments from the audience. There were no comments from the public. City Secretary Chapa polled the council for their votes as follows: 13. RESOLUTION NO. 029442 Resolution approving and authorizing the City Manager or designee to execute a Municipal Maintenance Agreement with the State of Texas, acting by and through the Texas Department of Transportation ( "State" or "TxDOT ") for the maintenance, control, -9- Minutes - Regular Council Meeting April 10, 2012 Page 8 supervision and regulation of certain state highways and/or portions of state highways in the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, Scott voting "Aye "; Adler was absent. FIRST READING ORDINANCE Mayor Adame referred to Item 15. Dan McGinn, Development Services stated that this item is amending Ordinance No. 028064 by correcting the metes and bounds description and the deletion of a horizontal clearance requirements Mayor Adame asked for comments from the audience. Allen Lizakowski, the applicant and Bryan Gulley spoke about this item. City Secretary Chapa polled the council for their votes as follows: 15. FIRST READING ORDINANCE. Amending Ordinance No. 028064 with regard to the condition noted at SECTION 2.a., by replacing former Exhibit B with the current Exhibit B, pages 1 through 3, and by deleting the last sentence. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez, Scott voting "Aye ". FUTURE AGENDA ITEMS Mayor Adame referred to the Future Agenda Item section on the agenda (Items 16 - 28). 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 Numbers 24, 26, 27 and 28. 16. Motion approving a supply agreement with Baker & Taylor, Inc., of Charlotte, North Carolina for library books and recordings, based on lowest responsible bid in accordance with Bid Invitation No. BI- 0074 -12 for a total estimated annual expenditure of $216,360 of which $54,090 is required for the remainder of FY2011 -2012. The term of the agreement shall be for twelve months with options to extend for up to four additional twelve month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by the Corpus Christi Public Libraries in FY2011 -2012. 17. Motion approving the purchase of seven (7) Ford Fusions from Philpott Motors, of Nederland, Texas for a total amount of $131,721.75. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. These units are replacements to the fleet and will be used by the Police Department. Funds are available in FY2011 -2012 Capital Outlay Budget of the Maintenance Service Fund. 18. Motion authorizing the purchase of specialized equipment for a total amount of $118,223.01 utilizing funds from the Department of Homeland Security FEMA under the 2010 Port Security Grant Program (PSGP) and the Law Enforcement Trust Fund to purchase law enforcement equipment for the Police Department. Funds are available in the Police Grant Fund 1061. 19.a. Motion authorizing the City Manager or designee to accept a grant in the amount of $165,840 from the Executive Office of the President, Office of National Drug Control Policy, —10— Minutes - Regular Council Meeting April 10, 2012 Page 9 to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. 19.b. Ordinance appropriating $165,840 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High 1 ntensity Drug Trafficking Area. 20. Resolution authorizing the City Manager or designee to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. 21.a. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $191,120 from the Texas Department of Agriculture for the Latchkey After School Snack Program. 21.b. Ordinance appropriating a grant in the amount of $191,120 from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. 22. Ordinance authorizing the City Manager or designee to execute a three -year lease agreement with Gulf Coast Gem and Mineral Society for the use of a building at 3933 Timon. 23. Resolution authorizing the City Manager or designee to sign and submit documentation of Eminent Domain Authority to the Texas Comptroller of Public Accounts detailing the City's legal authority to exercise its power of eminent domain, as required by Chapter 2206, Subchapter C, Texas Government Code (added by Senate Bill 18, 82nd Regular Session). 24.a. Resolution determining the necessity for and ordering the following highway improvement in Corpus Christi, Nueces County, Texas, in connection with the Flour Bluff Street Improvements: construction of a sound wall structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive; specifying that this improvement will be paid for partly by the City and partly by assessments; and directing the City's Director of Engineering Services to file a notice of the proposed assessment with the Nueces County Clerk. 24, b. Resolution approving plans and specifications for improvement to the following highway in Corpus Christi, Nueces County, Texas: Flour Bluff Drive and Cornerstone Drive; approving the Director of Engineering Services' Project Construction Cost Estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessments; setting a public hearing on the proposed assessment to occur during the April 24, 2012 City Council Meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. 25.a. Resolution authorizing the City Manager or designee to accept a FY2012 -2013 Biennium Rider 8 Grant from the Texas Commission on Environmental Quality (TCEQ) in the amount of $442,300.00 for Air Quality Planning; authorizing the City Manager or designee to execute Amendment No. 1 to the Interlocal Cooperation Agreement with North Texas _11_ Minutes - Regular Council Meeting April 10, 2012 Page 10 University in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for Air Quality Monitoring and Modeling; authorizing the City Manager or designee to execute Amendment No. 1 to the Interlocal Cooperation Agreement with Texas A & M University in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for the Pollution Partnership Alliance (Air Quality). 25.b. Ordinance appropriating $442,300 from the Texas Commission on Environmental Quality (TCEQ) in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. 26. Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed construction of The Villas at Woodbend, approving an application for 9% housing tax credits and Home Investment Partnership Program Funds to finance such project; and providing an effective date. 27.a. Public hearing regarding the City of Corpus Christi's proposed FY 2012 -2013 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships (HOME) Programs. 27.b. Council discussion and possible recommendations on a list of projects / activities to be funded. 28. Case No. 0212 -05: Juan G. Romero: The applicant is requesting a change of zoning from the "FR" Farm -Rural District to a "RS -6" Single - Family 6 District, not resulting in a change of the future land use. The property to be rezoned is a 0.213 acre out of the southwest 3 acres out of Lot 27, Section 26, Flour Bluff & Encinal Farm and Garden Tract, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26). Planning Commission's and Staff's Recommendation: Approval of the rezoning to the "RS -6" Single - Family 6 District. UPDATES TO THE CITY COUNCIL Mayor Adame referred to Item No. 29, Bond Issue 2008 Park Program Update. Stacie Talbert, Asstistant Director of Parks and Recreation provided an update and referred to the following completed projects: HEB /AI KruseTennis Center Improvements, HEB Pool Management, Heritage Park House Renovations, Salinas Park Development, Broadmoor Senior Center Expansion, Park Operations Facility - West Guth Park and Greenwood Softball Complex. Ms. Talbert informed the council that the following projects are in pending status: Oso Bay Nature Park Development, Hike and Bike Trails, Sports Field Improvements, Neighborhood Parks and Cole Park and expected to be under target budget. She also referred to the Corpus Christi Beach Projects and their plan of action. PUBLIC COMMENT Mayor Adame called for comments from the public. Jack Gordy spoke about illegal signs; Vernon Lucich spoke about a citation that he received for a red light camera violation; Dan Vera, spoke about notices he has received from the city for property clean up. Minutes - Regular Council Meeting April 10, 2012 Page 11 CITY MANAGER There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 2:45 p.m. on April 10, 2012. AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: 4/17/2012 TO: Ronald _L. Olson, City Manager FROM: CAPTION: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb @cctexas.com Supply Agreement for Library Books and Recordings RECOMMENDATION: Motion approving a supply agreement with Baker & Taylor, Inc., Charlotte, North Carolina for library books and recordings, based on lowest responsible bid in accordance with Bid Invitation No. BI- 0074 -12 for a total estimated annual expenditure of $216,360 of which $54,090 is required for the remainder of FY 2011 -2012. The term of the agreements shall be for twelve months with options to extend for up to four additional twelve months periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Corpus Christi Public Libraries in FY 2011- 2012. BACKGROUND AND FINDINGS: The books and recordings are ordered by the Corpus Christi Public Libraries for inclusion in the City's public libraries. 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 / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Corpus Christi Public Libraries _17_ FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $411,021.18 $162,270.00 $573,291.18 Encumbered / Expended Amount $252,733.78 0.00 $252,733.78 This item $54,090.00 162,270.00 $216,360.00 BALANCE $104,197.40 0.00 $104,197.40 Fund(s): Corpus Christi Public Libraries Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation sheet attached. Approvals: Veronica Ocafias, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Bid Invitation No.: BI- 0074 -12 Library Books and Recording Buyer. Gabriel Maldonado Date: April 17, 2012 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION ITEM DESCRIPTION BAKER & TAYLOR, INC CHARLOTTE, NC BRODART CO. WILLIAMSPORT, PA Complete Book & Media Supply CEDAR PARK, TX PERMA- BOUND BOOKS JACKSONVILLE, IL % Discount from Publishers List Price % Discount from Publishers List Price % Discount from Publishers List Price % Discount from Publishers List Price 1.0 GROUP I. BOOKS 43.5% 10.8% 43.5% 12.2% 0.0% 12.2% 0.0% 0.0% 0.0% NO BID NO BID NO BID Estimated Annual Expenditure: $174,860 1. Trade Hardcover books 47.1% 0.0% 5.0% 15.0% 2. Short discount (technical/specialized) 0.0% 0.0% 0.0% 0.0% 3. Publishers library binding 27.0% 23.0% 0.0% .15.0% 4. Single edition (reinforced or school ed.) 0.0% 42.0% . 0.0% 15.0% 5. University press publications 12.0% 0.0% 5.0% 15.0% 6. Trade paperbacks 41.5% 0.0% 5.0% 15.0% 7. Mass market paperbacks 41.5% 0.0% 5.0% 15.0% 8. Nat price (no discount from publisher) 0.0% 0.0% 0.0% 0.0% ITEM DESCRIPTION 2.0 GROUP 11. AUDIO - VISUAL MATERIALS Estimated Annual Expenditure: $26,500 1. DVD 2. Spoken Word Books on CD 3. Music CDs Award $174.860.00 Complete Book & BAKER & TAYLOR, INC BRODART CO. Media Supply CHARLOTTE, NC WILLIAMSPORT, PA CEDAR PARK, TX PERMA- BOUND BOOKS JACKSONVILLE, . 1L % Discount from Publishers List Price % Discount from Publishers List Price % Discount from Publishers List Price % Discount from Publishers List Price Award 28.0% 45.1% 26.5% $26.500.00 NO BID NO BID NO BID 0.0% 0.0% 0.0% 0.0% 0,0% 0.0% ITEM DESCRIPTION BAKER & TAYLOR, INC CHARLOTTE, NC BRODART CO. WILLIAMSPORT, PA Complete Book & Media Supply CEDAR PARK, TX PERMA- BOUND BOOKS JACKSONVILLE, IL % Discount from Publishers List Price % Discount from Publishers List Price % Discount from Publishers List Price % Discount from Publishers List Price 3.0 GROUP Ill. STANDING ORDERS Estimated Annual Expenditure: 515,000 1. Trade Hardcover 2. Non-trade/Short 3. Trade & Mass 43.5% 10.8% 43.5% 12.2% 0.0% 12.2% 0.0% 0.0% 0.0% NO BID NO BID NO BID Award Award Total $15.000.00 $216.360.00 3 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: 4/17/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361 - 826 -3169 CAPTION: Purchase of seven (7) Ford Fusions RECOMMENDATION: Motion approving the purchase of seven (7) Ford Fusions from Philpott Motors, of Nederland, Texas for a total amount of $131,721.75. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. These units are replacements to the fleet and will be used by the Police Department. Funds are available in FY 2011 -2012 Capital Outlay Budget of the Maintenance Service Fund. BACKGROUND AND FINDINGS: These seven (7) vehicles will be used by the Police Department, Criminal Investigation Division for day -to -day police work. All units are replacement to the fleet. 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 / NON-EMERGENCY: .Not applicable. DEPARTMENTAL CLEARANCES: General Services Department Police Department - 23- FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CtP only) Current Year Future Years TOTALS Line Item Budget $4,542,792.71 $0.00 $4,542,792.71 Encumbered / Expended Amount 2,532,625.69 0.00 2,532,625.69 This item 131,721.75 0.00 131 ,721.75 BALANCE $1,878,445.27 $0.00 $1,878,445.27 Fund(s): Maintenance Service Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager PURCHASE OF FORD FUSIONS PRICE SHEET - BUYBOARD CONTRACT # 358 -10 CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: APRIL 17, 2011 Item Description PHILPOTT MOTORS NEDERLAND, TX Qty. Unit Unit Extended Price Price 2012 Ford Fusion SE with v-6 Engine TOTAL: 7 each $ 18,817.39 $131,721.75 $131.721.75 DATE: TO: FROM: AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 4/17/2012 Ronald L. Olson, City Manager Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361 - 826 -3169 Purchase of specialized equipment (Bid Invitation No. BI- 0125 -12) CAPTION: RECOMMENDATION: Motion authorizing the purchase of specialized equipment for a total amount of $118,223.01 utilizing funds from the Department of Homeland Security FEMA under the 2010 Port Security Grant Program (PSGP) and the Law Enforcement Trust Fund to purchase law enforcement equipment for the Police Department. Funds are available in the Police Grant Fund 1061. BACKGROUND AND FINDINGS: On January 17, 2012 the City Council approved to accept a grant from the Department of Homeland Security FEMA eligible under the 2010 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department. 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. A need analysis has been conducted and specialized equipment has been identified. A bid has been secured for the specialized equipment totaling $118,223.01. 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 / NON-EMERGENCY: Not applicable. -29- DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $1,100,299.00 $0.00 $1,100,299.00 Encumbered / Expended Amount $0.00 $833,235.36 $0.00 $833,235.36 This item $0.00 $118,223.01 $0.00 $118,223.01 BALANCE $0.00 $148,840.63 $0.00 $148,840.63 Fund(s): 822917 -2010 Port Security Grants 34 -7 and 821001 -Law Enforcement Trust -Fed. Comments: The cost of the equipment is $118,223.01. The 822917 -2010 Port Security Grants 34 -7 - Police Grants Fund 1061 has $95,299.00 and the 821001 -Law Enforcement Trust -Fed has $22,924.01 allocated in for the Homeland Security Grant Program. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Not applicable. Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager 5 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: March 22, 2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floydsacctexas. com 361 -886 -2603 Accepting the HIDTA grant and appropriating funds CAPTION: A. Motion authorizing the City Manager or designee to accept a grant in the amount of $165,840 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. B. Ordinance appropriating $165,840 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. BACKGROUND AND FINDINGS: The Corpus Christi Police Department is in the 16th year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full -time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country. This grant award is for the time period 01/01/2012 — 12131/2013. There are no matching funds required. ALTERNATIVES: Not accept the grant and terminate the grant. OTHER CONSIDERATIONS: None. FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item $165,840 $165,840 BALANCE $165,840 $165,840 Fund(s): Police Grants Fund COMMENTS: RECOMMENDATION: Accepting the grant and appropriating funds. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY! NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: • Finance LIST OF SUPPORTING DOCUMENTS: Grant award letter Approvals: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Houston HIDTA 15311 Vantage Parkway West, Suite #286 Houston, TX 77032 Phone: (281) 372 -5705 Fax: (281) 372 -5865 Memirthn To: Corpus Christi PD From: Jennie Bader Fax: Pages: Phone: Date: 3/14/2012 Re: CC: • Comments: Please find enclosed the following • Houston HIDTA — FY2012 Award Letter— Grant #G12HN0006A (Initial Award 165,840.00) • SF — 424 Application Please obtain the appropriate signatures and return a signed original copy of the document to me at If you have any questions, please feel free to contact me at (281) 372 -5705. Thank you, Jennie S Bader Financial Manager, Houston HIDTA EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF NATIONAL DRUG CONTROL POLICY Washington, D.C. 20503 February 27, 2012 Chief Troy Riggs Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 Dear Chief Riggs: We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas (HIDTA) Program has been approved, and a grant (Grant Number G12HN0006A) has been awarded in the amount of $165,840.00. This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the Houston HIDTA and approved by the Office of National Drug Control Policy (ONDCP). The original Grant Agreement, including certain Special Conditions, is enclosed. By accepting this grant, you assume the administrative and financial responsibilities outlined in the enclosed Grant Conditions, including the timely submission of all financial and programmatic reports, the resolution of audit findings, and the maintenance of a minimum level of cash -on -hand. Should your organization not adhere to these terms and conditions, ONDCP may terminate the grant for cause or take other administrative action. If you accept this award, please sign both the Grant Agreement and the Grant Conditions and return a copy to: Finance Unit National HIDTA Assistance Center 11200 NW 20th Street, Suite 100 Miami, FL 33172 (305) 715 -7600 Or via email to your respective NHAC accountant. Please keep the original copy of the Grant Agreement and Grant Conditions for your file. If you have any questions pertaining to this grant award, please contact Dan Grayson at (202) 395 -6692. Sincerely, Ellen Scrivner, Ph.D. National HIDTA Director Enclosures Executive Office of the President Office of National Drug Control Policy Page 1 of 5 Grant Agreement 1. Recipient Name and Address Chief Troy Riggs Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 4. Award Number: G12HN0006A 5. Grant Period: From 01/01/2012 to 12/31/2013 1A. Recipient IRSNendor No.: 1746000574A5 6. Date: 2/27/2012 7. Action Initial Supplemental Subrecipient Name and Address 8. Supplement Number X 2A. Subrecipient IRSNendor No.: 9. Previous Award Amount: 3. Project Title Texas Coastal Corridor Initiative 10. Amount of This Award: $165,840.00 11. Total Award: $165,840.00 12. This Grant is approved subject to such conditions or limitations as are set forth on the attached four (4) pages. 13. Statutory Authority for Grant: Public Law 112 -74 ue-7, + "- -1--,.--:- .. - i e��SG n m ° sfir? ` 5- .. r o tl 2�x � xv s,p6 ' NM $ �" t . - , , 7 - & 1 �' - -_T _74 3'xt'. L I� ,.� � �`.. .1_1, k.._ L•?. i L'n ' \ "i x �3rva 14. Typed Name and Title of Approving Official Ellen Scrivner, Ph.D.. National HIDTA Director 15. Typed Name and Title of 4e3 Eby!, 5;irut Authorized Official s0-7.,-.—_ ggs Corpus Christi Police Department 16. Sig y�;� - of Approv' g ONDCP Official Wad 17. Signature of Au prized Recipient/Date ? ti n .ro.4 Aft � 18. Accounting Classification Code DUNS: 069457786 EIN: 1746000574A5 19. HIDTA AWARD OND10B3SE1213 OND2000000 0C4101 Grant G 12HN0006A Page 2 of 5 GRANT CONDITIONS A. General Previsions 1. This grant is subject to: • OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal Government; or, if applicable, OMB Circular A -21, Cost Principles for Educational Institutions; • OMB Circular A -102, Grants and Cooperative Agreements with State and Local Governments; or, if applicable, OMB Circular A -110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non- Profit Organizations; • OMB Circular A -133, Audits of States, Local Governments and Non - Profit Institutions; • Government -wide Debarment and Suspension (Non procurement), codified at 21 CFR § 1401 et. seq.; • Government -wide Requirements for Drug -Free Workplace (Grants), codified at 21 CFR § 1401 et. seq.; • New Restrictions on Lobbying, codified at 18 USC § 1903 and 31 USC § 1352; • Nondiscrimination in Federally Assisted Programs and Equal Opportunity Plans requirements are codified at USC, Title VI (42 USC § 2000d et seq.); and • Immigration and Naturalization Service Employment Eligibility Verification Form (1 -9). 2. Audits conducted pursuant to OMB Circular A -133, "Audits of State and Local Governments ", must be submitted no later than 9 months after the close of the grantee's audited fiscal year. A copy of the audit report and management letter must be sent to: EOP/ONDCP Attention: Michael Reles GSD/RDF (202) 395 -6608 Anacostia Naval Annex Bldg 410/Door 123 250 Murray Lane, SW Washington, DC 20509 or: mreles@ondcp.eop.gov Grant G 12HN0006A Page 3 of 5 3. Grantees are required to submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Division of Payment Management (HHS /DPM). Other reporting requirements are specified in the HIDTA Program Policy and Budget Guidance. 4. The recipient gives the awarding'agency or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the grant. 5. Recipients of HIDTA funds are not agents of ONDCP. Accordingly, the HIDTA, its fiscal agent(s), HIDTA employees, HIDTA contractors, as well as state, local, and federal HDTA participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. B. Special Conditions HIDTA Grants The following special conditions are incorporated into each award document. L This grant is awarded for the initiative(s) named above. Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's HIDTA Program Policy and Budget Guidance. 2. This award is subject to the requirements in ONDCP's HIDTA Program Policy and Budget Guidance. 3. No HIDTA funds shall be used to supplant state or local funds that would otherwise be made available for the same purposes. 4. The requirements of 28 CFR Part 23, which pertain to information collection and management of criminal intelligence systems, shall apply to any such systems supported by this award. 5. Special accounting and control_ procedures must govern the use and handling of HIDTA Program funds for confidential expenditures; i.e. the purchase of information, evidence, and services for undercover operations. Those procedures are described in Section 6 -12 of the HIDTA Program Policy and Budget Guidance. 6. The grant recipient agrees to account for and use program income in accordance with the "Common Rule" and the HIDTA Program Policy and Budget Guidance. Asset forfeiture proceeds generated by the HIDTA - funded initiatives shall not be considered as program income earned by HIDTA grantees. Grant G12HN0006A Page4of5 7. Property acquired with these HIDTA grant funds is to be used for activities of the Houston HIDTA. If your agency acquires property with these funds and then ceases to participate in the .HIDTA, this equipment must be made available to the HIDTA's Executive Board for use by other HIDTA participants. 8. All law enforcement entities that receive funds from this grant must report all methamphetamine laboratory seizure data to the National Clandestine Laboratory Database/National Seizure System at the El Paso Intelligence Center. C. Payment Basis 1. A request for Advance or Reimbursement shall be made using the HHS/DPM system (www.dpm.psc.gov). Copies of invoices or payroll registers must accompany the payment confirmation number to provide documentation for the reimbursement request. Requests for advances must be accompanied by details specifying the need for the advance. Documentation of how the advance was spent must be submitted within 21 days and before another advance or reimbursement will be approved. 2. The HIDTAs, or their respective grantees, must utilize the HIDTA program Financial Management System's (FMS) Disbursement module each time they submit a disbursement request to the NHAC. Requests for payment in the DPM system will not be approved unless the required disbursements have been entered into the FMS. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be FDIC insured. The account must be interest bearing. 3. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian Self - Determination Act (23 U.S.C. 450), grantees and subgrantees shall promptly, but at least quarterly, remit interest earned on advances'to HHS/DPM at the address provided below. When submitting your checks, please provide a detailed explanation which should include: reason for check (remittance of interest earned on HIDTA advance payments), check number, grantee name, grant number, interest period covered, and contact name and number. Ms. Janet Fowler Division of Payment Management Department of Health and Human Services Via U.S. Postal Mail: Via FedEx: P.Q. Box 6021 7700 Wisconsin Avenue Rockville, MD 20852 10th Floor Bethesda, MD 20814 Grant G 12HN0006A Page 5 of 5 4. The grantee or subgrantee may keep interest amounts up to $100 per year for administrative purposes. RECIPIENT ACCEPTANCE OF GRANT CONDITIONS Signature: Name: Tfey R igg - Organization: Corpus Christi Police Department Date: -41- 3 2.1 Initiative Cash by HIDTA FY 2012 Awarded Budget (as approved by ONDCP) Houston Total 2/16/2012 12:59:30 PM Corpus Christi Police Department Texas Coastal Corridor Initiative (TCCI) Agehcy Total : Cbrptrs Christi Police Departnieht 165,840.00 Investigation G12HN0006A 165,840.00 165,840.00 Budget Detail 2012 - Houston Initiative - Texas Coastal Corridor Initiative (TCCI) Award Recipient - Corpus Christi Police Department (G12HN0006A) Resource Recipient - Corpus Christi Police Department Awarded Budget (as approved by ONDCP) Personnel Administrative Staff Analyst - Program Total Personnel $165,840.00 uan 1 1 fount $30,000.00 $40,000.00 $70,000.00 Fringe mount: Administrative staff Analyst - Program Total Fringe Overtime?,`.; Investigative - Law Enforcement Officer Total Overtime Services Equipment rentals Vehicle lease - passenger Total Services 1 1 uaritity, uantl 4 4 $13,000.00 $15,000.00 $28,000.00 Amount $35,600.00 $35,600.00 reouft $2,000.00 $30,240.00 $32,240.00 Total Budget $165,840.00 Page 1 of 1 2/16/2012 12:59:30 PM -43- HIDTA 2012 SF -424 Application Houston HIDTA G12HN0006A Corpus Christi Police Department $165,840.00 Generated On Vlarclh 14. 2012 OFFICE OF NATIONAL DRUG CONTROL POLICY FY 09 HIDTA STATE AND LOCAL INITIATIVES INSTRUCTIONS FOR APPLICANTS Attached are the following documents for your FY 12 funding application: • Approved FY 12 Budget to the Corpus Christi Police Department for the Multiple Initiative(s). • Application for Federal Assistance, SF -424. • Budget Information Non- Construction Programs, SF -424A, Page 2. (Page 1 will not be utilized.) • Assurances Non - Construction Programs, SF -424B. • Budget Information Construction Programs, SF -424C. Certification regarding Lobbying; Debarment, Suspension and other Responsibility Matters; Drug -Free ▪ Workplace Requirements; Federal Debt Status, and Non - Discrimination Statutes and Implementing Regulations. • Disclosure of Lobbying Activities. To submit a grant application for FY 12 HIDTA State and Local Initiative Funding, the following forms must be signed and returned: • Application for Federal Assistance, SF -424. • Budget Information Non - Construction Programs, SF -424A, Page 2. (Page 1 will not be utilized.) • Assurances Non - Construction Programs, SF -424B. • Budget Information Construction Programs, SF -424C. Certification regarding Lobbying; Debarment, Suspension and other Responsibility Matters; Drug -Free ▪ Workplace Requirements; Federal Debt Status, and Non - Discrimination Statutes and Implementing Regulations. • Disclosure of Lobbying Activities. Each of these documents have been completed based upon information submitted for the FY 12 initiatives. If this information is incorrect, contact the National HIDTA Assistance Center for new forms. These documents must be completed and signed in their entirely and returned with original signatures affixed before the award letter can be initiated. After completion, the forms should be sent to: ' National HIDTA Assistance Center 11200 NW 20th ST, STE 100 Miami, FL 33172 (305) 715 -7600 -45- APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED 03/14/2012 Applicant Identifier: 1. TYPE OF SUBMISSION Application Pre - application _ Construction _ Construction X Non - Construction Non- Construction 3, DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY FED AGENCY Federal Identifier G12HN0006A 5. APPLICANT INFORMATION LEGAL NAME: Corpus Christ Police Department ORGANIZATIONAL UNIT: Organizational DUNS: 069457786 ADDRESS (Give city, county, State and Zip Code) Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 - Name and telephone number of person to be contacted on matters involving this application (give area code) Director Stan Furce (281) 372 -5850 6. EMPLOYER IDENTIFICATION NUMBER (EIN) • 1746000574A5 7. TYPE OF APPLICANT: (Enter appropriate letters in box) A. State H. Independent School District B. County I. State Controlled Institution of Higher Leaming C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. Inter - municipal M. Profit Organization G. Special District N. Other 8. TYPE OF APPLICATION S New _ Continuation Revision If revision, enter appropriate letter(s) in box(es) 0 (Specify) ■ A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration Other(specify) 9. NAME OF FEDERAL AGENCY ONDCP 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER (CFDA): 95.001 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT Texas Coastal. Corridor Initiative 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date 1/1/2012 Ending Date 12/31/2013 • a. Applicant b. Project 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? This rea lication /a lication was made a. YES. P Pp � pp available to the State Executive order 12372 ❑ process for b. Applicant review on: . Date: a. Federal $165,840.00 b. Applicant c. State d. Local b. No. ❑ Program is not covered by E.O. 12372 e. Other 0 or program has not been selected by state for f. Program Income review g. Total $165,840.00 17.15 THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? Yes If 'Yes ", attach an explanation © No TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION /FREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Type Name of Authorized Representative Troy .5irlt_.psoi� d . Signature of Authorized Representative b. Title Chief -46- 1/1440- c. Telephone e. Date Signed Instructions for the sf424 Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348- 0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET; SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard form used by applicants as a required face sheet for pre applications and application submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review the applicant's submission. Item: Entry: 1. Self - Explanatory. 2. Data application submitted to Federal Agency (or State if applicable) & applicant's control number (if applicable). 3. State use only (if applicable). 4. Enter Date Received by Federal Agency, Federal identification number: if this application is to continue or revise an existing award, enter present Federal identifier number. If for a new project, leave blank. 5. Enter a legal name of applicant, name of primary organizational unit (including division is applicable), which will undertake the assistance activity, enter the organization's DUNS number (received from Dun and Bradstreet), enter the complete address of the applicant (including country), and name, telephone number, email and fax of the person to contact on matters related to this application. 6. Enter employer Identification Number (EIN) as assigned by the Internal Revenue Service. 7. Enter the appropriate letter in the space provided. 8. Check appropriate box and enter appropriate letter(s) in the space(s) provided; • "New " means a new assistance award • "Continuation" means any change in the Federal Government's financial obligation or contingent liability from an existing obligations • "Revision" means any change in the Federal Government's financial obligation or contingent liability from an existing obligation. 9. Name of Federal agency from which assistance is being requested with this application. 10. Use the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested. 11. Enter a brief descriptive title of project. If more than one program is involved, you should append an explanation on Item: Entry: a separate sheet. If appropriate (e.g., construction or real property projects), attach a map showing project location. For pre application, use a separate sheet to provide a summary description of this project. 12. List only the largest political entities affected (e.g., State, counties, cities).. 13. Self- Explanatory. 14. List the applicant's Congressional - District and any District(s) affected by the program or project. 15. Amount requested or to be contributed during the first funding/budget period by each contributor. Value of in kind contributions should be included on appropriate lines as applicable. If the action will result in a dollar change to an existing award, indicate only the amount of the change. For decrease, enclose the amounts in parentheses. If both basic and supplemental amounts are included, show breakdown on an attached sheet. For multiple program funding, use totals and show breakdown using same categories as item 15. 16. Applicants should contact the State Single Point of Contact (SPOC) for Federal Executive Order 12372 to determine whether the application is subject to the State intergovernmental review process. 17. This question applies to the applicant organization, not the person who signs as the authorized representative. Categories of debt include delinquent audit disallowances, Ioans and taxes. 18. To be signed by the authorized representative of the applicant. A copy of the goveming body's authorization for you to sign this application as official representative must be on file in the applicant's office. (Certain Federal agencies may require that this authorization be submitted as . part of the application. Section C - Non-federal Resources (a) Grant Program 8. (b) Applicant (c) State (d) Other Resources (e) TOTALS $ $ 9. 10. 11. 12. Total (sum line 8 - 11) SECTION D — FORCASTED CASH NEEDS SECTION E — BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT (b) First Total for 1st Year (d) Third 1st Quarter 16. 2nd Quarter 3rd Quarter 4th Quarter 13. Federal• $165,840.00 $41,460.00 $41,460.00 $41,460.00 19. $41,460.00 14. Non -Federal - 20. 15. TOTAL (sum of 13 and 14) $ $ $ $ $ SECTION E — BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT SECTION F — OTHER BUDGET INFORMATION 2I. Direct Charges 22. Indirect Charges 23. Remarks (b) First (c) Second (d) Third (e) Fourth 16. 17. • 18. 19. - 20. SECTION F — OTHER BUDGET INFORMATION 2I. Direct Charges 22. Indirect Charges 23. Remarks INSTRUCTIONS FOR THE SF -424A Public reporting burden for this collection of information is estimated to average 180 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Office of Management and Budget, Paperwork Reduction Project (0348- 0044), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT OT THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. General Instruction This form is designed so that application can be made for funds from one or more grant programs. In preparing the budget, adhere to any existing Federal grantor agency guidelines, which prescribe how and whether budgeted amounts should be separately shown for different functions or activities within the program. For some programs, grantor agencies may require budgets to be separately shown by function or activity. For other programs, grantor agencies may require a brealcdown by function or activity. Section A,B,C, and D should include budget estimates for the whole project except when applying for assistance which requires Federal authorization in annual or other funding period increments. In the Latter case, Sections A, B,C, and D should provide the budget for the first budget period (usually a year) and Section E should present the need for Federal assistance in the subsequent budget periods. All applications should contain a breakdown by the object class categories shown in Lines a -k of Section B. Section A. Budget Summary Lines 1-4 column (a) and (b) For applications pertaining to a single Federal grant program (Federal Domestic Assistance Catalog number) and not requiring a functional or activity breakdown, enter on Line 1 under Column (a) the catalog program title and the catalog number in Column (b). For application pertaining to a sirngle program requiring budget amounts by multiple functions or activities, enter the name of each activity or function on each line in Column (a), and enter the catalog number in column (b). For application pertaining to multiple programs where none of the programs require a brealcdown by function or activity, enter the catalog program title on each line in column (a) and the respective catalog number on each line in column (b). For application pertaining to multiple programs where one or more programs require a breakdown by function or activity, prepare a separate sheet for each program requiring the breakdown. Additional sheets should be used when one form does not provide adequate space for all breakdown of data required. However, when more than one sheet is used, the first page should provide the summary by programs. Lines 1 -4, column (c) through (g) For new application, leave columns (c) and (d) blank. For each line entry in Column (a) and (b), enter in Column (e), (f), and (g) the appropriate amounts of funds needed to support the project for the first funding period (usually a year). For continuing grant program applications, submit these forms before the end of each funding period as required by the grantor agency. Enter in column (c) and (d) the estimated amounts of funds which will remain not obligated at the end of the grant funding period only if the Federal grantor agency instructions provide for this. Otherwise, leave these columns blank. Enter in column (e) and (1) the amounts of funds needed for the upcoming period. The amount(s) in column (g) should be the sum of amounts in Column (e) and (1). For supplemental grants and changes to existing grants, do not use column (c) and (d). Enter in Column (e) the amount of the increase or decrease of Federal funds and enter in column (f) the amount of the increase of decrease of non - federal funds. In Column (g) enter the new total budgeted amount (Federal and non - federal which includes the total previous authorized budgeted amounts plus or minus, as appropriate, the amounts shown in column (e) and (f). The amount(s) in column (g) should not equal the sum of amounts in column (e) and (f). Line 5- Show the totals for all columns used. Section B Budget Categories In the column headings (1) through (4), enter the titles of the same programs, functions, and activities shown on line 1-4, column (a), Section A. When additional sheets are prepared for Section A, provide similar column headings on each sheet. For each program, function or activity, fill in the total requirements for funds (both Federal and non- Federal) by object class categories. Lines 6a -I- Show the totals of Lines 6a to 6h in each column. Line 6j- Show the amount of indirect cost. Line 6K- Enter the total of amounts on Lines 6i and 6j. For all applications for new grants and continuation grants the total amount in column (5), Line 6k, should be the same as the total amount shown in Section A, column (g), Line 5. For supplemental grants and changes to grants, the total amount of the increase or decrease as shown in column (1) -(4), Line 6k should be the same as the sum of the amounts in Section A, column (e) and (f) on Line 5., Line 7- Enter the estimated amount of income, if any expected to be generated from this project. Do not add or subtract this amount. Show-under the program narrative statement the nature and source of income. The estimated amount of program income may be considered by the federal grantor agency in determining the total amount of the grant. Section C. Non - Federal Resources Lines 8 -11 Enter amounts of non - federal resources that will be used on the grant. If in -kind contributions are included, provide a brief explanation on a separate sheet. Column (a) Enter the program titles identical to column (a), Section A. A breakdown by function or activity is not necessary. Column (b) Enter the contribution to be made by the applicant. Column (c) Enter the amount of the State's cash and in -kind contribution if the applicant is not a State or State agency. Applicants which are a State or State agencies should leave this column blank. Column (d) Enter the amount of cash and in -kind contribution to be made from all other sources. Column (e) Enter total of column (b),(c), and (d). Line 12- Enter the total for each of column (b) -(e). The amount in column. (e) should be equal to the amount on Line 5, column (f) section A. Section D. Forecasted Cash Needs Line 13 Enter the amount of cash needed by quarter from the grantor agency during the first year. Line 14 —Enter the amount of cash from all other sources needed by quarter during the first year. Line 15 — Enter the totals of amounts on Lines 13 and 14. Section E. Budget Estimates of Federal Funds Needed for Balance of the Project Lines 16 -19- Enter in Column (a) the same grant program titles shown in Column (a), Section A. A breakdown by function or activity is not necessary. For new applications and continuation grant applications, enter in the proper columns amounts of Federal funds which will be needed to complete the program or project over the succeeding funding period (usually in years). This section need not be completed for revisions (amendments, changes, or supplements) to funds for the current year of existing grants. If more than four lines are needed to list the program titles, submit additional schedules as necessary. Line 20- Enter the total for each of the Column (b)-(e). When additional schedules are prepared for this section, annotate accordingly and show the overall totals on this line. Section F. Other Budget Information Line 21— Use this space to explain amounts for individual direct object class cost categories that may appear to be out of the ordinary or to explain the details as required by the Federal grantor agency. Line 22- Enter the types of indirect rate (provisional, predetermined, final or fixed) that will be in effect during the funding period, the estimated amount of the base to which the rate is applied, and the total indirect expense. Line 23- Provide any other explanations or comments deemed necessary. ASSURANCES — NON - CONTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send continents regarding the burden estimate or any other aspect of this collection of' information, including suggestions for reducing this burden, to the Office of Management and budget, Paperwork Reduction Project (0348 - 0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program, if you have questions, please contact the awarding agency. Further, certain Federal - awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: I . Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non- federal share of project cost) to ensure proper planning, management and completion of the project describe in this application. 2. Will give the awarding agency, the Comptroller General of United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all record, books, paper, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U. U. C. 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C. F. R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title LX of the Education Amendments of 1972, as amended (20 U. S. C. 1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U. S. C. 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S. C. 6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (1'. L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (1) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P. L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of j912 (42 U. S. C. 290 dd -3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U S C. 3601 et seq), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (I) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocations Assistance and Real Property Acquisition Policies Act of 1970 (P. L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assistance programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U. S.C. 1501 -1508 and 7324 -7328) which limit the political activities are funded in whole or in part with Federal Funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U. S. C. 276a to 276a — 7), the Copeland Act (40 U. S. C. 276c and 18 U. S. C. 874), and the Contract Work Hours and Safety Standards Act (40 U. S. C. 327 -333), regarding labor standards for federally assisted construction sub agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93- 234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et esq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176 (c) if the Clear Air Act of 1955, as amended (42 U.S.C. 7401 et esq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L..93 -205). 12 Will comply with the Wild and Scenic: Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties) and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. WilI comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended; 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984 or OMB Circular No. A- 133, Audits of Institutions of Higher Learning and other Non-profit Institutions. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZ D CERTIFYING OFFICIAL ..■--/i 3 i ZL1 Title f Chie'F Troy Rigg l{:::q3cti Oa APPLICANT ORGANIZATION Corpus Christi Police Department Date Submitted BUDGET INFORMATION — CONTRUCTION PROGRAMS NOTE: Certain Federal assistance programs require additional computations to arrive at the Federal share of project costs eligible for participation. If such is the case your will be notified COST CLASSIFICATION a. Total Cost b. Costs Not Allowable for Participation c. Total Allowable Costs (Column a b) 1. Administrative and Iegal expenses 2. Land, structures, rights of way, appraisals, etc. 3. Relocation expenses and payments • 4. Architectural and engineering fees 5. Other architectural and engineering fees 6. Project inspection fees 7. Site work 8. Demolition and removal 9. Construction 10. Equipment 11. Miscellaneous 12. SUBTOTAL ( sum of lines 1 — 11) 13. Contingencies • 14. SUBTOTAL 15. Project (program) income 16. TOTAL PROJECT COSTS (subtract # 15 from # 14) 17. Federal assistance requested, calculate as follows (Consult Federal agency for Federal percentage share). Enter resulting Federal share. ERAL FUNDING Enter eligible costs from line 16c Multiply X °/a INSTRUCTION FOR THE SF 424 -C Public reporting burden for this collection of information is estimated to average 180 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0041), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This sheet is to be used for the following types of applications: (1) "New" (means a new [previous Un- funded] assistance award); (2) "Continuation" (means funding in a succeeding budget which stemmed from a prior agreement to fund); and (3) "Revised" (means any changes in the Federal government's financial obligation or contingent liability from an existing obligation). If there is no change in the award amount there is no need to complete this form. Certain Federal agencies may require only an explanatory letter to the effect minor (no cost) changes. If you have questions please contact the Federal agency. Column a.- If this is an application for a "New" project, enter the total estimated cost of each of the items listed on lines I through 16 (as applicable) under "COST CLASSIFICATIONS." If this application entails a change to an existing award, enter the eligible amounts approved under the previous award for the items under " COST CLASSIFICATION' Column b. If this is an application for a "New" project, enter that portion of the cost of each item in Column a. which is not allowable for Federal Assistance. Contact the Federal' agency for assistance in determining the allowability of specific costs. If this application entails a change to an existing award, enter the adjustment [ + or ( -)] to the previously approved costs (from column a.) reflected in this application. Column c. This is the net of line 1 through 16 in columns "a„ and "b,'. Line 1- Enter estimated amounts needed to cover administrative expenses. Do not include costs which are related to the normal functions of government. Allowable legal costs are generally only those associated with the purchase of land which is allowable for Federal participation and certain services in support of construction of the project. Line 2 — Enter estimated site and right(s) of way acquisition costs (this includes purchase, lease, and/or easements). Line 3 — Enter estimated cost related to relocation advisory assistance, replacement housing, and relocation payments to displaced persons and businesses, etc. Line 4 — Enter estimate basic engineering fees related to construction (this includes start-up services and preparation of project performance work plan). Line 5 — Enter estimated engineering costs, such as surveys, tests, soil borings, etc. Line 6 -- Enter estimated engineering inspection costs. Line 7 — Enter estimated costs of site preparation and restoration which are not included in the basic construction contract. Line 9 — Enter estimated cost of the construction contract. Line 10 — Enter estimated cost of office, shop, laboratory, safety equipment, etc. to be used at the facility, if such costs are not included in the construction contract. Line 1 I — Enter estimated miscellaneous costs. Line 12 - TotaI of items 1 through 11. . Line 13 — Enter estimated contingency costs. (Consult the Federal agency for the percentage of the estimated construction cost to use.) Line 14 — Enter the total of lines 12 and 13. Line 15 - Enter estimated program income to be earned . during the grant period, e.g. salvaged materials, etc. Line 16 — Subtract line 15 from line 14. Line 17 — This block if for the computation of the Federal share. Multiply the total allowable project costs from line 16, column "c" by the Federal percentage share (this may be up to 100 percent; consult Federal agency for Federal percentage share) and enter the product on line 17. ASSURANCES - CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estate or any other aspect of this collection of information, including suggestions for reducing this burden, to the office of Management and Budget, Paperwork Reduction Project (0348 - 0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of theses assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, prescribed standards for merit system for programs and the institutional, managerial and financial funded under one of the nineteen statutes or capability (including funds sufficient to pay the non- regulations specified in appendix A of OPM's Federal share of project costs) to ensure proper Standards for a Merit System of Personnel planning, management and completion of the project Administration (5 C.F.R. 900 Subpart F). described in this application. 9. Will comply with the Lead -Based Paint Poisoning 2. Will give the awarding agency, the Comptroller Prevention Act (42 U.S.C. 4801 et seq.) which General of the United States, and if appropriate, the prohibits the use of lead based paint in construction or State through any authorized representative, access to rehabilitation of residence structures. and the right to examine all records, books, papers, or 10. Will comply with all Federal statues relating to non - documents related to the assistance; and will establish discrimination. These include but are not limited to: a proper accounting system in accordance with (a) Title VI of the Civil Rights Act of 1964 (P.L. 88- generally accepted accounting standards or agency 352) which prohibits discrimination on the basis of directives. race, color or national origin; (b) Title IX of the 3. Will not dispose of , modify the use of, or change the Education Amendments of 1972, as amended (20 terms of the real property title, or other interest in the U.S.C. 1681 -1683, and 1685 -1686) which prohibits site and facilities without permission and instructions discrimination on the basis of sex; (c) Section 504 of from the awarding agency. Will record the Federal the Rehabilitation Act of 1973, as amended (29 U.S.C. interest in the title of real property in accordance with 794) which prohibits discrimination of the basis of awarding agency directives and will include a handicaps; (d) the Age Discrimination Act of 1975, as covenant in the title of real property acquired in whole amended (42 U.S.C. 6101 -6107) which prohibits or in part with Federal assistance funds to assure non - discrimination on the basis of age; (e) the Drug Abuse discrimination during the useful life of the project. Office and Treatment act of 1972 (P.L. 93 -255), as 4. Will comply with the requirements of the assistance amended, relating to non - discrimination on the basis awarding agency with regards to the drafting, review of drug abuse; (f) the comprehensive alcohol Abuse and approval of construction plans and specifications. and alcoholism Prevention, Treatment and 5. Will provide and maintain competent and adequate Rehabilitation Act of 1970 (P.L. 91 -616), as amended, engineering supervision at the construction site to relating to nondiscrimination on the basis of alcohol ensure that the complete work conforms with the abuse or alcoholism; (g) 523 and 527 of the Public approved plans and specifications and will furnish Health Service Act of 1912 (42 U.S.C. 290 dd -3 progress reports and such other information as may e and290 ee -3), as amended, relating to confidentiality required by the assistance awarding agency or State. of alcohol and drug abuse patient record; (h) Title VIII 6. Will initiate and complete the work within the of the Civil Rights Act of 1968 (42 U.S.C. 3601 et applicable time frame after receipt of approval of the seq. ), as amended, relating to non- discrimination in awarding agency. the sale, rental or financing of housing; (I) any other 7. Will establish safeguards to prohibit employees from non- discrimination provisions I the specific statutes) using their positions for a purpose that constitutes or under which application for Federal assistance is present the appearance of personal or organizational being made and (j) the requirements on any other non - conflict of interest, or personal gain. discrimination Statute(s) which may apply to the 8. Will comply with the Intergovernmental Personnel application. Act of 1970 (42 U.S.C. 4728 -4763) relating to -55- 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally assisted programs. These requirements apply to all interest in real property acquired for project purpose regardless of Federal participation in purchases 12. Will comply with the provisions of the Hatch Act (5 U.S.C. 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874), The contract Work hours and safety Standards Act (40 U. S. C. 327 -333) regarding labor standards for federally assisted construction sub - agreements. 14. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a. special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more 15. Will comply with environmental standards which may be prescribe pursuant to the following: (a) institution of environmental quality control measures under the National environmental policy Act of I969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazard in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation PIans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe prinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered species Act of 1973, as amended, (P.L. 93 -205). 16. Will comply with the wild and scenic rivers act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -I et seq.). 18. Will cause to be performed the required financial and compliance audits in accordance with the single Audit Act of 1984. 19. Will comply with all applicable requirements of all other Federal laws, Executive Orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZE CERTIFYING OFFICIAL 5 /PYi2— Title Chief l Flocad 111.1�,p56a �� APPLICANT ORGANIZATION Corpus Christi Police Department Date Submitted OFFICE OF NATIONAL DRUG CONTROL POLICY CERTIFICATIONS REGARDING LOBBYING, DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUGFREE WORKPLACE REQUIREMENTS; FEDERAL DEBT STATUS, AND NONDISCRIMINATION STATUS AND IMPLEMENTING REGULATIONS Instructions for the certifications General Requirements The Office of National Drug Control Policy (ONDCP) is required to obtain from all applicants' certifications regarding federal debt status, debarment and suspension, and a drug free workplace. Applicants requesting monies greater than $100,000 in grants funds must also certify regarding lobbing activities and may be required to submit a Disclosure of Lobbying Activities" (Standard Form LLL). Institutional applicants are required to certify that they will comply with the nondiscrimination statues and implementing regulations. Applicants should refer to the regulations cited below to determine the certifications to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of the form provides for compliance with certification requirements under 21 CFR part 1405, "New Restrictions on Lobbying" and 21 CFR part 1414, Government wide Debarment and Suspension. (Non procurement), Certification Regarding Federal debt Status (OMB Circular A -129), and Certification Regarding the Nondiscrimination Statutes and Implementing Regulations. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Office of National Drug.Control Policy determines to award the covered cooperative agreement 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented in 21 CFR part 1405, for persons entering into a cooperative agreement over $100,000, as defined at 21 CFR Part 1405, the applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement, If any funds other than Federal appropriated funds have been paid or will being paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Grant or cooperative agreement, the undersigned shall complete and submit Standard Form —LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (b) (c) The undersigned shall require that the language of this certification be included in the award document for all sub - awards at all tiers (including sub- grants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTER (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension and implemented at 21 CFR Part 1404, for prospective participants in primary covered transactions A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency: Have not within a three -year period preceding this • application been convicted of or and a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or local ) transaction or contract under a public transaction' violation of Federal or State antitrust statures or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted for o otherwise criminally or civilly charged by a governmental entity (Federal, State, or Iocal) terminated for cause or default;and (b) (c) B. Where the applicant is unable to certify to any ofthe statements in this certification. He or she shall attach an explanation to the application. 2. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug Free Workplace Act. of 1988, and implemented at 21 CFR Part 1404 Subpart F. A. The applicant certifies that it will or will continue to provide a drug free workplace by: (a). Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the applicant's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (b) Establishing an on -going drug free awareness program to inform employees about _57_ (1) The dangers of drug abuse in the workplace; (2) The applicant's policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violation occurring in the workplace; (d) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (e) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction: Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) form an employee or otherwise receiving actual notice of such convictions. Employers of convicted employees must provide notice including position title, to: The Assistance Center, 8401 Northwest 53rd Terrace, suite 200, Miami, Florida 33166. Notice shall include the identification number of each affected grant; Taking one of the following actions within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The applicant may insert in the space provided below the site(s) for the performance of work done in connection with the specific cooperative agreement: (f) (g) (h) Place of Performance (street address, city, country, state, zip code) Corpus Christi Police Department Check if there are workplaces on file that are not identified here. The regulations provide that a recipient that is a State may elect of make one certification in each Federal fiscal year. A copy of which should be included with each application for ONDCP Funding. DRUG FREE WORKPLACE (RECIPIENTS WHO ARE INDIVIDUALS) As required by the Drug Free Workplace Act of 1988, and implemented at 21 CFR Part 1404 Subpart F. A. as a condition of the cooperative agreement, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conduction any activity with the grant; and B. If convicted of a criminal drug offense resulting form a violation occurring during the conduct of any grant activity, I will report the conviction in writing, within 10 calendar days of the conviction, to The Assistance Center, 8401 Northwest 53rd Terrace, Suite 208, Miami, Florida 33166. 4. CERTIFICATION REGARDING FEDERAL DEBT STATUS (OMB Circular A -129) The Applicant certifies to the best of its knowledge and belief, that it is not delinquent in the repayment of any federal debt. 5. CERTIFICATION REGARDING THE NONDISCRIMINATIN STATUTES AND IMPLEMENTING REGULATIONS The applicant certifies that it will comply with the following nondiscrimination statues and their implementing regulations: (a) title VI of the Civil right Act of 1964 (42 U.S.C. 2000D et seq.) which provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity for which the applicant received federal financial assistance; (b) Section 504 if the rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap in programs and activities receiving federal financial assistance; (c) title IX of the Education Amendments of 1972m as amended (20 U.S.C. 1981 et seq.) which prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance; and (d) the Age Discrimination Act of 1975, and amended (42 U.S.C. 6101 et seq.) which prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance, except that actions which reasonably take age into account as a factor necessary for the normal operation or achievement of any statutory objective of the project or activity shall not violate this statute As the duly authorized representative of the applicant, T hereby certify that the applicant will comply with the above certifications. Grantee Name and Address: Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 Application Number and/or Project Name: G12HN0006A Texas Coastal Corridor Initiative Grantee IRSNendor Number: 1746000574A5 Type Name and Title of Authorized Representative: 5. Signature: YP Chief 6. Date: 2-/) DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) 1. I3. Type of Payment retainer (check all that apply): -time fee fee specify: Type of Federal Action: a. contract b. It c. cooperative agreement d, loan e. ]oar guarantee f. loan insurance 2. b' Status of Federal Action a. bid/offer /application b. Initial award c, ost -award p , 3. _ e. deferred Report Type a. Initial filing b. material change For Material Change only Year: Quarter: b' a' 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in Item 11: HIDTA Related Initiatives (attach Continuation Sheet (s) SF- LLL-A, if necessary) 15. Continuation Sheet(s) SF -LLL -A atached: Date of last report: 4. Corpus 321 Corpus Congressional Name and Address of reporting Entity Prime ❑ Subawardee Tier _ ,if uknown: Christi Police Department Sartain Street Christi, TX 78403 District, ifknown 5. If reporting entity in No. 4 is Subawardee, Enter name and address of Prime: Congressional District, if known X John 6. Federal Department/Agency: ONDCP 7, Federal Program Name/Description: HIDTA 8. Federal Action Number, if known G92HN0006A 9. Award Amount, if known 8165,840.00 10. a. Name and Address of Lobbying Entity (if individual, last name, first name, MI) None b. Individuals Performing Services (including address if (if individual, last name, first name, MI) different from No. 10a) last name, first name, MI) None (attach Continuation Sheet (s) SF-ILL-A, if necessary) 11. Amount of Payment (check all that apply): $ N/A _actual planned I3. Type of Payment retainer (check all that apply): -time fee fee specify: _a. b. one 12. Form of Payment (check all that apply): _ a. cash b. in -kind; specify: nature _ c. commission _ d. contingent _ e. deferred f. other, value . 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in Item 11: HIDTA Related Initiatives (attach Continuation Sheet (s) SF- LLL-A, if necessary) 15. Continuation Sheet(s) SF -LLL -A atached: X No _Yes 16. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made o entered into. This disclosure is requested pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi - annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than 8100,000 for each such failure. Signature: Print Name: .Troy-Riggs. F load 5 , s o4. Title: Chief Telephone No.: Date: Federal Use Only: Authorized for local reproduction Standard Form —LLL Page 1 of 2 Ordinance appropriating $168,840 in the No. 1061 Police Grants Fund from the Executive Office of the President, Office. of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $168,840 is appropriated in the No. 1061 Police Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor initiative in the Houston High Intensity Drug Trafficking Area. Section 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adams City Secretary Mayor Approved: March 28, 2012 Lisa Agu Assistant City Attorney For City Attorney 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: Uwe, therefore, request that you . suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr, Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 6 AGENDA MEMORANDUM for the City Council Meeting of 4/17/2012 DATE: 3/20/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation MichaelMo@cctexas.com 361 - 826 -3464 Grant application for Summer Food Program CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. BACKGROUND AND FINDINGS: The Food and Nutrition Division of the Texas Department of Agriculture (TDA) provides funding for summer nutrition programs. The City's Parks and Recreation Department is again applying for this grant for the Summer Recreation sites and other local non - profit agencies. No local match is required for this reimbursement grant. Previously, this program has collaborative with many agencies to provide summer meals to the youth of Corpus Christi. Last year's grant request was $250,000, the same amount being requested this year. We will provide the same number of meal sites for this year's program and anticipate providing the same number of meals. Over the past few years, the City and CCISD have entered into local interagency agreements for the preparation and delivery of meals to the sites. An Interlocal agreement will be forth coming. The City and CCISD again propose to enter into a contract for CCISD to prepare and deliver the lunches at a rate of $3.00 per lunch and $.70 per snack, both provided on a weekday basis during the eight week Summer Program from June 18, 2012 thru August 10, 2012. The lunches and snacks will consist of sandwiches, fruit/vegetable, milk and dessert. AB meals follow the same nutrition guidelines as the National School Lunch Program. It is estimated that approximately 2,500 meals per day will be reimbursable meals. CCISD will maintain and provide menu records as well as daily meals served until the program's end. Total program costs, including operation and administration, are to be provided by the grant. ALTERNATIVES: Not apply for the grant and not provide the Summer Nutrition Program for the youth in our community. OTHER CONSIDERATIONS: NA CONFORMITY TO CITY POLICY: NA EMERGENCY 1 NON-EMERGENCY: -65- Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: x Not Applicable o Operating Expense ❑ Revenue n CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Approval as submitted LIST OF SUPPORTING DOCUMENTS: Resolution Approvals: Lisa Aguilar, Assistant City Attomey Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Page 1 of 2 Resolution authorizing the City Manager, or designee, to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. ATTEST: Armando Chapa City Secretary APPROVED March 21, 2012 Lisa Aguila Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas of ,2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 7 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: March 20, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMoecctexas.com 361- 826 -3464 Appropriation of funds for the Latchkey After School Snack Program CAPTION: a) Resolution authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $191,120 from the Texas Department of Agriculture for the Latchkey After School Snack Program. b) Ordinance appropriating a grant in the amount of $191,120 from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program; and declaring an emergency. BACKGROUND AND FINDINGS: The U.S. Department of Agriculture (USDA) through the Texas Department of Agriculture (TDA) provides grants for youth nutrition as a continuation of the National School Lunch Program. This program is called the Child and Adult Care Food Program (CACFP) for after school educational andlor enrichment activities. In order to qualify for this program, a site must: a) provide youth with regularly scheduled activities in an organized, structured and supervised environment, b) include educational and/or enrichment activities as part of the programming, c) be located in an area served by a school where 50% or more of the youth enrolled are eligible for free or reduced price school meals. The Parks and Recreation Department has a total of 23 Latchkey sites that qualify for meal service based on eligibility. Sites to be served are: Berlanga Elementary, Club Estates Elementary, Fannin Elementary, Houston Elementary, Meadowbrook Elementary, Menger Elementary, Gloria Hicks Elementary, Gaivan Elementary, Kostoryz Elementary, Metro Elementary, Moore Elementary, Sanders Elementary, Smith Elementary, Yeager Elementary, Calk Elementary, Crocket Elementary, Los Encinos Elementary, Montclair Elementary, Oak Park Elementary, Schahen Elementary, Wilson Elementary, Prescott Elementary, and Woodlawn Elementary. There are 6 sites that do not qualify for this program based on enrollment of youth eligible for free and reduced school meals. These sites are: Barnes Elementary, Dawson Elementary, Mireles Elementary, Jones Elementary, Windsor Park Elementary, and Webb Elementary. The Latchkey program subsidizes the snacks for these sites. Latchkey sites in the Calallen and Flour Bluff Independent School Districts are provided snacks through similar grants awarded to those districts. Over the past few years, the City and CCISD have entered into local interagency agreements for the preparation and delivery of meals to the sites with the Summer Food Service Program. The City again proposes to enter into a contract with CCISD to prepare and deliver snacks at a rate of $.68 per snack for the school year beginning October 1, 2011 - June 4, 2012 (based on Federal funding year). CCISD will also maintain and provide menu preparation -7 1 - the program. CCISD has approved the food service agreement. ALTERNATIVES: Healthy snacks would not be served at the Latchkey After - school Program. OTHER CONSIDERATIONS: There is no required cash grant match for this program. The snacks are 100% reimbursable. CONFORMITY TO CITY POLICY: Council action is required to authorize the City Manager or his designee to appropriate these funds before they can be spent. EMERGENCY / NON- EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year , Future Years TOTALS Line Item Budget $0 $0 Encumbered / Expended Amount This item $191,120 $191,120 BALANCE $191,120 $191,120 Fund(s): General Fund Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Texas Unified Nutrition Programs System 1 Application Packet Sponsor of Affiliated. Sites Page 1 of 1 Application Packet Sponsor of Affiliated Sites 01507 Status: Active CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT DEA: 1201 LEOPARD CORPUS CHRISTI, TX 78469 -9277 County District Code: 178 TDA Region: 5 Packet Submitted Data: 03/21/2012 Packet Approved Date: 03/21/2012 Packet Original Approval Date: 12/07/2011 Packet Status: Approved Action Latest Form Name Version Status View j Revise Revise 1 Details View 1 Revise Details 00 Contracting Entity Application cao Board of Directors Contracting Entity Budget Detail (' Checklist (30) Rev. 1 p(lginal Rev. 1 Approved Approved Approved Correction Closed error Applications Pending Return for Denied Withdrawn/ Total 0 Site Appllcatlon(s) 23 0 0 0 3 26 Next Base Year Renewal: 2014 - 2015 Show Packet History —73— Page 1 of 2 Resolution authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $191,120 from the Texas Department of Agriculture for the Latchkey After School Snack Program. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept a grant in the amount of $191,120 from the Texas Department of Agriculture for the Latchkey After School Snack Program. ATTEST: Armando Chapa City Secretary APPROVED March .2 \ , 2012 Lisa Agui Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas of ,2612 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Page 1 of 2 Ordinance appropriating a grant in the amount of $191,120 from the Texas Department of Agriculture in the No 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a grant in the amount of $191,120 from the Texas Department of Agriculture is appropriated in the No. 1067 Parks and Recreation Grants Fund got yhr Latchkey After School Snack Program. Section 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: March 21, 2012 Lisa Aguil Assistant City Attorney For City Attorney Joe Adame Mayor 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 Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 8 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: 3/20/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo @cctexas.com 361- 826 -3464 Renewal of lease with Gulf Coast Gem and Mineral Society CAPTION: Ordinance authorizing the City Manager, or designee, to execute three -year lease agreement with the Gulf Coast Gem and Mineral Society for the use of building at 3933 Timon; and declaring an emergency. BACKGROUND AND FINDINGS: The Gulf Coast Gem and Mineral Society would like to renew their lease for the Kiwanis Recreation Center located on Corpus Christi Beach. The organization has been leasing the facility since 1996. ALTERNATIVES: Do not approve renewal of the lease. OTHER CONSIDERATIONS: Building would not be utilized. CONFORMITY TO CITY POLICY: Leases require City Council approval. EMERGENCY 1 NON- EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal, Budget FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Lease Agreement; Ordinance. Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Ordinance authorizing the City Manager, or designee, to execute three -year lease agreement with Gulf Coast Gem and Mineral Society for the use of building at 3933 Timon; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas that SECTION 1. The City Manager or his designee is authorized to execute a three -year Lease Agreement with Gulf Coast Gem and Mineral Society for the use of building at 3933 Timon. A copy of the lease is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: 1i -- 3O, )01 By: .,, Lisa Aguilar, As ant City Attorney for City Attorney 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 Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott GULF COAST GEM AND MINERAL SOCIETY LEASE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: WHEREAS, the City of Corpus Christi ( "City ") owns the building and facilities located at 3933 Timon; and WHEREAS, the Gulf Coast Gem and Mineral Society ( "Lessee "), a non -profit organization, desires to utilize a part of the building and facilities at 3933 Timon; NOW, THEREFORE, the parties, in consideration of the mutual promises and covenants herein, agree as follows: 1. Term. City grants a lease for a portion of the building and facilities located at 3933 Timon ( "Facility ") as depicted on the attached Exhibit A subject to all of the terms and conditions of this Lease to the Gulf Coast Gem and Mineral Society. The term of this Lease is for 3 years commencing on day of final Council approval, which is , 2012. 2. Definitions. A. City — City of Corpus Christi. B. City Manager -- City Manager of Corpus Christi or designee. C. Council -- City Council. D. Director — Director of Park and Recreation Department or designee. E. Facility — Building at 3933 Timon. F. Lessee — The Gulf Coast Gem and Mineral Society. 3. Lessee Services and Responsibilities: A. City Use. If Lessee is not using the Facility, City has the right to use any or all of the Facility for recreational purposes. B. Community Programs. Lessee will provide the public lapidary classes and lapidary workshop programs to promote . interest from the general community and Park and Recreation Senior Centers. All revenue generated from said classes will be collected by City with the revenue to be split 65% to Lessee and 35% to City. C. Lessee Usage. Lessee may use the Facility for its meetings and as a workshop, except that Lessee agrees to allow use of the Facility by the Park and recreation Department to support its summer aquatics program on Corpus Christi Beach. Lessee's use of the Facility is also subject to all other restrictions contained herein. Lease 2-21-2012.docx —85— D. Insurance. Lessee must secure and maintain at Lessee's expense during the term of Agreement, a Commercial General Liability insurance policy with the limits and requirements shown on the attached and incorporated Exhibit "A ". The Certificate of Insurance must be sent to Director and a copy of City's Risk Manager and must provide 30 days written notice of cancellation, intent to not renew or material change of any coverage required herein. Association will provide copies of all insurance policies to the City Attorney upon City Manager's written request. Lessee is responsible for providing insurance coverage for any and all equipment stored at the facility, to include any improvements made by Lessee to the Facility. ft may, at its discretion, wish to protect its equipment from theft or damage. The City will not be responsible for any damage or loss whatsoever to or of Lessee equipment. Lessee cannot begin operation under this Lease until it provides a certificate(s) of insurance for all required insurance to the Director. E. Electrical Usage. Lessee agrees to pay City.$451month toward electrical usage. F. Voting Accommodations. This facility is a polling location for a variety of public elections. Any and all requirements, schedules, and demands by the relative agency conducting the election must be observed by the Lessee with no exception, at no cost to the agency. 4. City Responsibilities. A. Capital Improvements. Capital improvements which City determines are needed will be funded by City at its discretion. City has no obligation for repair or maintenance to the. facilities. B. Contract Person. For ` this Lease, City's contact is the Director of Park and Recreation. C. Default. The following will constitute events of default: (1) Failure to maintain any item set out in Section 3 B & C (2) Failure to maintain any insurance required by Section 3 D (3) Failure to keep, perform, and observe all other promises, covenants, and conditions contained in this Lease. Lessee will be notified in writing of any default and will have 15 days to cure the default. If said default is not cured within 15 days of receipt of written notice of default, Director may provide Lessee with written notice of termination of this Lease effective upon receipt of said termination notice. 5. Miscellaneous. (A) Concession. Food /drink concession and retail sales operations by Lessee are strictly prohibited. Lease 2- 21- 2012.docx —86— 2 (C) Alterations. Lessee will not make any additions or alterations to the Facility without Director's prior written consent. Any permanent additions or alterations made by Lessee will become the property of City at the expiration of this Lease. (D) Relationship. This Lease establishes a Landlord/Tenant relationship, and none other. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of either party are not, nor construed to be, the employees or agents of the other party for any purpose whatsoever. (E) Indemnity. To the extent permitted by Texas Law, Lessee, its officers, members, partners, employees, agents, and licensees ( "Indemnitors ") hereby full indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, agents, licensees, and invitees ( "Indemnitees ") against any and all liability, damage, loss, claims demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, worker's compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or caused by, or are claimed to arise out of or be in any manner connected with, or caused by, either proximately or remotely, wholly or in part, an act or omission, negligence or misconduct by lndemnitors or Indemnitees or any of Indemnitor's or •lndemnitee's agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Lease, or any of the hazards associated with operation of the Gulf Coast Gem and Mineral Society at the. Facility; or the violation by Indemnitees, Lessee, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or improvements located on the Facility herein or out of the use or occupancy of the improvements to the Facility or the Facility itself by Indemnitees, Lessee, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. The terms of indemnification are effective even though said injury or damage may result from the sole negligence, contributory negligence or concurrent negligence of Indemnitees or any of them. Lessee must at its own expense, investigate all those claims and demands, attend to their settlement, or other disposition, defend all actions based thereon with counsel satisfactory to Indemnitees and pay all charges of attorneys and all other costs and expenses of any kind from any of said liability, damage, loss, claims, demands, or actions. (F) Assignment. This Lease may not be assigned nor sublet without the prior written approval of the Director of Parks and Recreation. (G) Nondiscrimination. Lessee covenants that all its members and guests will be treated equally without regard to their race, religion, national origin, sex, age, or Lease 2- 21- 2012.docx -87- 3 disability and in compliance with all federal and state laws prohibiting discrimination in employment. (H) Cancellation. This Lease may be canceled without cause by either party IF the party canceling has given the other party 45 days prior written notice of the date of cancellation. (1) Notice. All notices which mayor are required to be sent under this Lease must be sent by certified mail or hand delivered as follows: If to City: City of Corpus Christi Park and Recreation Department P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Attention: Director of Park and Recreation (361) 826 -3464 If to Lessee: Gulf Coast Gem and Mineral Society P. O. Box 60781 Corpus Christi, Texas 78466 Attention: Joe Grimes (361) 767 -7045 Either party may change the address to which notice is sent by using a method set out above. Lessee will notify City of any address change within 30 days after the address is changed. (J) Waiver. Any waiver by the Parties of a breach of any covenants, terms, obligations or events of default is not a waiver of any subsequent breach, nor does the failure to require full compliance with the Lease change the terms of the Lease or estop the Parties from enforcing the terms of the Lease. (K) Inspection. Any officer or authorized employee of City may enter upon Facility at any time and for any purpose incidental to City's retained rights of Facility. (L) Signs. Lessee must not post signs or advertising at Facility without the Director's prior written approval. (M) Surrender. Upon expiration or cancellation of this Lease, Lessee must return Facility to City in reasonably good condition, ordinary wear and tear excepted. (N) Publication. Lessee agrees to pay the costs of newspaper publication of this Lease and related Ordinance as required by the City Charter. 4 Lease 2- 21- 2012.docx SIGNED IN DUPLICATE THIS day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Ronald L. Olson, City Manager Legal form approved on ,^f', 1 41, ?*?1 By: . Lisa Aguilar, A(s istant City Attorney For City Attorney GULF COAST GEM AND MINERAL SOCIETY 5 Lease 2- 21- 2012.docx Exhibit A— Kiwanis Recreation Center Seagull Blvd Timon Blvd Lease 2- 21- 2012.docx _90- 6 C. In the event of accidents of any kind related to this lease agreement, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Il. ADDITIONAL REQUIREMENTS A. Applicable when employing paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Lessee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management and Director of Parks and Recreation P.O. Box 9277 Corpus Christi, TX 78469 -9277 D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract Lease 2- 21- 2012.docx _91_ 8 with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage. at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Lease 2- 21- 2012.docx _g2_ 9 9 AGENDA MEMORANDUM Presentation: April 10, 2012 Action: April 17, 2012 DATE: March 28, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director Engineering Services DanB @cctexas.com 361- 826 -3729 Approval to submit required documentation of eminent domain authority to the Texas Comptroller of Public Accounts as required by the Texas Government Code. CAPTION: Resolution authorizing the City Manager or designee to sign and submit documentation of Eminent Domain Authority to the Texas Comptroller of Public Accounts detailing the City's legal authority to exercise its power of eminent domain, as required by Chapter 2206, Subchapter C, Texas Government Code (added by Senate Bill 18, 82nd Regular Session). BACKGROUND AND FINDINGS: Municipalities are allowed eminent domain rights under Chapter 251.001 of the Texas Local Government Code. On May 19, 2011, the Texas Legislature passed into Iaw Senate Bill 18 which became applicable on September 1, 2011. This was considered the eminent domain reform bill. This bill changes, amends and repeals many of the existing laws pertaining to eminent domain practice in Texas. The Iaw applies to all condemnation petitions filed on or after that date. One of the requirements of the bill is for entities with eminent domain rights to register with the Texas Comptroller of Public Accounts by December 31, 2012. The City is required to send a form, available from the Comptroller's office, stating that the City is authorized by the state to exercise the power of eminent domain. The form also identifies each provision of law granting the City such authority. If the letter is not sent prior to the deadline, then the City's authority to exercise its power of eminent domain expires on September 1, 2013. There is no provision for reinstating eminent domain authority in the event the required form is not timely sent. ALTERNATIVES: No alternatives, required by Iaw. OTHER CONSIDERATIONS: N.A. CONFORMITY TO CITY POLICY: The recommended action conforms to statutes and City Policy regarding the use of eminent domain. EMERGENCY / NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal and Engineering Departments -95- FINANCIAL IMPACT: [X] Not Applicable ❑ Operating Expense ❑ Revenue n CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP) Current Year . Future Years TOTALS Budget 0 0 Encumbered / Expended Amount This item 0 0 BALANCE Fund(s): None Comments: The agenda item is presented to City Council for an update on current changes to Eminent Domain law in Texas. This is primarily for informational purposes. Other changes pertaining to the new law will be presented on the floor. In the future, Property & Land Acquisition staff will be presenting resolutions to City Council for eminent domain approval pertaining to individual engineering projects. The attached form "Required Documentation of Eminent Domain Authority in Texas" requires signature by the City Manager or designee. RECOMMENDATION: City staff recommends the resolution as presented be approved and the necessary form be submitted to the Texas Comptroller's office. The form requires the signature of the City Manager or designer. Approvals: Veronica Ocanas, Assistant City Attomey Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager Susan Combs Texas Comptroller of Public Accounts Required Documentation of Eminent Domain Authority in Texas What action must be taken: Per Senate Bill 18 enacted by the 82nd Legislature, all public and private entities authorized to exercise the power of eminent domain in Texas are required to submit a letter to the Comptroller of Public Accounts detailing their legal authority to exercise this power.The letter must be sent by certified, return receipt mall not later than December 31, 2012. (Per the bill, the authority of an entity to exercise the power of eminent domain expires on September 1, 2013, unless the letter has been submitted by the deadline.) About this form: This form is designed to guide entities in submitting the required information on eminent domain authority. Once the fields have been completed, the form can be printed and mailed via certified, return receipt to the address provided to meet the requirements of the bill. Entity Information City of Corpus Christi, a Texas Home Rule municipal corporation 1. Full, legal name of entity:. _ 2. Alternate name of entity (if any): Department of Engineering Services 3. Primary address: Street or P.O. Box 1201 Leopard Street City, State, Zip Code Corpus Christi, Texas 78401 4. Primary phone number (with area code): 361 -826 -3220 5. Entity contact: First name _ Ronald L. Phone number (with area code): 6. Alternate contact: First name Daniel 361 -826 -3220 Last name Olson, City Manager RonO @ectexas.com E -mail address: _ _ _ __. Biles, P.E. Phone number (with area code): 361 - 826 -3729 DanB @CCtexas.com _...__ E malt address:---- ,-- .-- , - -___ ___.m _�__.___. Eminent Domain Authority 7. Does your entity have eminent domain authority in Texas? ✓ Yes No 8. if "yes" to question 7, please identify all of the applicable provisions of state law that grant eminent domain authority to this entity. Please cite as Title of Code or Article, Section Number/Name (for example, Texas Government Code, Section 43.136 or Article 7849, Auxiliary Water Laws). Texas Local Government Code, Section 251.001 Municipal Right of Eminent Domain • 9. Please indicate the first year in which this entity exercised eminent domain authority: 1928 DISCLAIMER: Chapter 2206, Subchapter B, Government Code (as added by Senate BIN 18, 82nd Regular Session) requires the Comptroller of Public Account to collect information and report to the Legislature all entities in the state of Texas that have the authority to exercise the power of eminent domain. Entities that provide information to the Comptroller represent and warrant that the information is accurate and complete to the best of their knowledge. Entities that provide information acknowledge that It is their responsibility to submit a letter by certified mail, return receipt requested to the Comptroller's office, indicating that the Entity is authorized to exercise eminent domain authority and to identify each law that grants such authority. The Entity further acknowledges that the Comptroller's office Is not responsible to submit said letter, nor Is it responsible for the Entity's failure to submit said letter as required by law, and that such failure may cause the entity's power of eminent domain to expire on September 1, 2013. The Entity also acknowledges that the Comptroller of Public Accounts is a state agency subject to Chapter 552 of the Texas Gov't Code (the "Texas Public Information Act") and court interpretations thereof, and that the information submitted to this office may be subject to disclosure to the public under Section 552.101, et seq., of the Code. Under Ch. 559, Government Code, you are entitled to review, request, and correct information we have on file about you, with limited exceptions in accordance with Ch. 552, Government Code.To request information for review or to request error correction. contact us at the address on this form or sb18compliance @cpa.state.tx.us. By signing, I agree that the information is taste and correct. Mail this form via certified mail to: sign here COMPTROLLER OF PUBLIC ACCOUNTS P.O. Box 13942 Austin, Texas 78711 us stir s. of 4tilfi if1 a ol=tftatinit Signature Ronald L. Olson, City Manager Print Namefritle leases - tan'te a -97- Date 361- 826 -3220 Phone (area code end number) ate #tr.13s orgoto W lvt ItViriCIPIIV BAB gavlsbl8compliance` 50 -802. 084111 Page 1 of 2 Resolution authorizing the City Manager or designee to sign and submit documentation of Eminent Domain Authority to the Texas Comptroller of Public Accounts detailing the City's legal authority to exercise its power of eminent domain, as required by Chapter 2206, Subchapter C, Texas Government Code (added by Senate Bill 18, 82nd Regular Session). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to sign and submit documentation of Eminent Domain Authority to the Texas Comptroller of Public Accounts detailing the City's legal authority to exercise its power of eminent domain, as required by Chapter 2206, Subchapter C, Texas Government Code (added by Senate Bill 18, 82nd Regular Session). ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED:QD tt1 day of )��, 2012. (11;lt* 06.64 Veronica Ocanas Assistant City Attorney for City Attorney 041 012 RESO Em Dom Auth —98— Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 041012 RESO Ern Dom Auth -99- Page 2 of 2 10 FogCity of Corpus AGENDA MEMORANDUM Future Agenda: March 27, 2012 Action: April 10, 2012 DATE: April 10, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Planning & Environmental Services E -Mail: Petean(cctexas.com Work Phone: 826 -3781 ITexas Commission on Environmental Quality Grant for Air Quality PURPOSE: a. Resolution authorizing the City Manager, or designee, to accept a FY2012 -2013 Biennium Rider 8 Grant from the Texas Commission on Environmental Quality in the amount of $442,300.00 for Air Quality Planning; authorizing the City Manager or designee to execute Amendment No. '1 to Interlocal Cooperation Agreement with the University of North Texas in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for Air Quality Monitoring and Modeling; authorizing the City Manager or designee to execute Amendment No. 1 to Interlocai Cooperation Agreement with Texas A & M University Corpus Christi in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for the Pollution Partnership Alliance (Air Quality). b. Ordinance appropriating $442,300.00 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Grants Fund for air quality planning activities; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Commission on Environmental Quality (TCEQ) has made an $442,300.00 available to the City for air quality planning. The City's Rider 8 Air Quality planning grant provides for the City to sub- contract Near Non- attainrnent Assessment and Planning and Pollution Prevention Partnership. The TCEQ and City will address the work program for the FY2012 -2013 funding through amendment of the work program to be administratively approved by the City Manager or designee. ALTERNATIVES: 1. Approval of the Resolution and Ordinance as recommended. 2. Decline to accept the grant offer. FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP K:1Engineering 0ataExchangeWevinS4GEMENUIRONMIAir+ JualityGrant2012- 2013SienniumlAgendaMemoAirGrantAppropriaiianOrd &InterlocalArnendments.doc —103— FISCAL YEAR: 2011 -2012 (CIP Only) Year Years TOTALS Budget 283,665.90 158,634.10 442,300.00 Encumbered /Expended amount as of 08/30/2011 0.00 0.00 This item 0 283,665.90 158,634.10 442,300.00 BALANCE 0 0.00 0.00 0.00 FUND(S): Community Enrichment Grant Fund 1071 COMMENTS: Funds not sub- contracted will be utilized to defray the cost of grant administration. RECOMMENDATION: Approval of the resolution and ordinance as presented. CONFORMITY TO CITY POLICY: The contracts_ and selection process complies with City Policy. EMERGENCY /NON- EMERGENCY: N.A. DEPARTMENTAL CLEARANCES: Engineering Services LIST OF SUPPORTING DOCUMENTS: Exhibit A: TCEQ Electronic Notification of Grant Apportionment Exhibit B: Contracts Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager K.:lEngineering dataExchangelKevinS4GENIENVIRONM1AIrQualityGrant2012- 201? -1 0-4 --- " moAirGrantAppropriationOrd &interlocalAmendments.doe TCEQFundi ngNoti fi cati on FY12 -13Ri der8Grant From: James Bowman Sent: Wednesday, February. 29, 2012 4:47 PM To: Kevin Stowers subject: FW: FY12_ 13grantapportionmentsforcorpus :xlsx Attachments: FY12._ 13grantapportionmentsforCorpus .xlsx .Here is the-e -mail from Eric on the 2012 -2013 grant apportionments. jim --- Ori9inalMessage From: Erik Gribbin [mailto:Erik.Gribbin @ tceq.texas.gov] Sent: Friday, January 06, 2012 12:17 PM To: James Bowman Cc: David Brymer; Kim Herndon; Stephen Davis Subject: FY12 -1 3grantapportionmentsforCorpus .xlsx Jim, Here are the grant apportionments for Corpus Christi for FY12 -13. The $80,000 we've been talking about is from the FY10 --11 biennium and is already on your grant (you just need a work plan amendment to access it). For FY12, we are making $283,665.90 available which you can access as soon as we can amend the grant. to add .and get a work plan from you to spend. In the fall of 2012 we'll. have another $158K to add for FY2013. Erik Erik Gribbin Texas-Commission on Environmental Quality Air Quality Division (512) -239 -2590 erik.gribbin @tceq.texas.gov Page 1 -105- Exhibit A Page 1 of 2 Area Rider 8 FY2012-2013 Estimated Apportionments as of November 3, 2011 FY2010-2011 FY 2012-2013 FY 2012 FY 2013 Expected Total for FY 2012 - Amount Amount Apportionment Apportionment 2013 $2,268,750.00 $1,268,750.00 64.13% 35.87% Austin $1,038,600.00 $519,300.00 $333,049.29 $186,250.71 $519,300.00 Corpus Christi $884,600.00 $442,300.00 - $283,665.90 $158,634.10 $442,300.00 San Antonio $1,139,600.00 $569,800.00 $365,437.10 $204,362.90. $569,800.00 Tyler -Longview -Marshall $1,087,600.00 $543,800.00 $348,762.19 $195,037.81 $543,800.00 Victoria $924,600.00 $462,300.00 $296,492.76 $165,807.24 $462,300.00 Beaumont/Port Arthur $800,000.00 $400,000.00 $256,537.10 $143,462.90 $400,000.00 El Paso $800,000.00 $400,000.00 $256,537.10 $143,462.90 $400,000.00 IWaco $400,000.00 $200,000.00 $128,268.55 $71,731.45 $200.000.00 0 01 I$7,075,000.00 $3,537,500.00• $2,268,750.00 $1,268.750.00 $3,537,500.00 Exhibit A Page 2 of 2 EXHIBIT B CONTRACTS AMENDMENT No. 1 INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY - CORPUS CHRISTI AND THE CITY OF CORPUS CHRISITI WHEREAS, the City entered into a Grant Agreement for Air Quality Planning ( "Grant") with the Texas Commission on Environmental Quality ( "TCEQ "), Contract No. 582 -11 -11223 for air quality planning activities in areas considered to be near non - attainment for the ozone standard under the Federal Clean Air Act Amendments of 1990, which activities may include without limitation identifying, inventorying, and modification and quantification of potential pollution reduction through voluntary control, and which activities wilt be consistent with TCEQ monitoring, inventory and modeling approaches and infrastructure, and conduct air quality planning activities in the Coastal Bend; WHEREAS, an element in the City's proposal for the Grant was Texas A &M University — Corpus Christi (TAMU -CC) was a continuation of the Pollution Prevention Partnership and Education Outreach Program "; WHEREAS, TCEQ requested the City to submit a proposal for additional funding, and the City desires to supplement funding for TAMU -CC's "Pollution Prevention Parnership and Education Outreach Program "; WHEREAS, the supplemental funding contract between TCEQ and City provides funding for TAMU -CC's "Pollution Prevention Parnership and Education Outreach Program "; which TCEQ has extended into biennium 2012 - 2013. NOW, THEREFORE, the parties agree to the amendment of Section 5. Price and Payment as follows: Section 5. Price and Payment, Paragraph 1 Is revised to read: As compensation for the performance of the agreement, the City agrees to reimburse TAMU -CC on a cost-reimbursement basis an additional amount of Seventy Thousand Dollars ($70.000.001 in a restated amount up to Two Hundred Seventy Thousand and no /xx dollars _027(000.00) for expenses authorized under the Grant as approved by TCEQ. TAMU -CC agrees to expend funds under the budget detailed in Attachment C -1, Work Planh, which is attached to and incorporated into this agreement by reference. Section 5. Price and Payment paragraph a. is revised to read: a. This agreement is funded exclusively from funds made available to the City by the Grant. The City's obligation is limited by the provisions of the Grant. The City is not liable to make payment to TAMU -CC, if funding is not available from TCEQ through the Grant. Payments may not exceed Two Hundred Seventy Thousand and no /xx dollars ($270.000.00) from the execution of this Agreement August 31. 2012 to-August-3-1729-14. Page 1 of 2 C: \Userslmhou h pDaiatocallMicrosofflWIndowslTemparary Internet FileslContent, outtook1W8V73ZJPITAMUCCInteriocalAmdl .doc -10 — All other terms and conditions of the originally authorized December 14, 2010, as amended, between the City and TAMU —CC shall remain in effect. CITY OF CORPUS CHRISTI TEXAS STl &M UNIVERSITY CORPUS By:, Oscar Martinez Date Auth Assistant City Manager ,2412.. ntative Date ATTEST: Pri - d Name Associate Vice President of Research Armando Chapa Date Title City Secretary APPROVED AS TO FORM: Veronica Ocanas Date Assistant City Attorney Pete Anaya, P.E. Date Director of Planning /Environmental Services Page 2 of 2 C: 1ussrsNmhoughlAppDatat000l \MIcrasoftlWindowalTemporary Internet F1fesl Content. Outlook 1W6V737.IPMMUCCInterlocalAmdi.dom 1 09_ Exhibit C -1 Pollution Prevention Partnership Work Plan For City of Corpus Christi Purposes The following is a work plan, budget and time line for the Pollution Prevention Partnership: Timeline The funding that the Pollution Prevention Partnership is currently operating out of Is funding received from the 2009/2010 legislative session and will be depleted by April of 2012. Supplemental funding to continue Pollution Prevention Partnership activities through August 31, 2012 is provided by the proposed work plan. Budget Funding needed to continue Pollution Prevention Partnership activities through August, 2012 is $70000. Work Plan The Pollution Prevention Partnership (P3) will develop, implement and deliver a Clean Fleet program for the Corpus Christi air shed. The Clean Fleet program will measure vehicle emissions from area public and private fleets for hydro carbons and NOx, coordinate emission reducing repairs to identified polluting fleet vehicles, re-test the emissions of each repaired vehicle, calculate and quantify emissions reductions as a result of repairs, and document the quantified emissions reductions directly related to the Clean Fleet program. P3 has received verbal commitments from the public fleets of Nueces County, Corpus Christi independent School District, Texas Department of Transportation, and the Port of Corpus Christi to participate in the Clean Fleet program. P3 has also received a verbal commitment from the Regional Transportation Authority to emissions test their diesel buses, test new CNG buses as they come into the fleet and provide an emissions comparison of a bus route run with a diesel bus and the same route with a CNG bus. The Regional Transportation Authority has purchased ten CNG buses and this comparison and database will be developed for each of the 10 buses. Additionally, P3 has received a verbal commitment from an air conditioning /heating company fleet, a delivery service fleet, a plumbing company fleet, and a construction company fleet to participate in the Clean Fleet program. Frequency of emissions testing for each fleet will be mileage based. Vehicles driven 20,000 miles per year or less will be tested annually and vehicles driven In excess of 20,000 miles per year will be tested quarterly. A minimum of 1 emissions testing will be performed each month. The approximate total of vehicles; both gasoline and diesel, committed to participate in the program thus far with preliminary surveying is 400. Additional public and private fleets will be recruited to participate throughout the term of the program with a total vehicle participation goal for the program of 800 vehicles. Deliverables P3 will provide a report and database each month that includes a quantification of vehicles solicited to participate in emissions testing, quantification of vehicles successfully recruited to participate in emissions testing, quantification of each vehicle screened for emissions, quantification of NOx and hydrocarbons of each vehicle screened, quantification of polluting Exhibit C4 l Page 1 of 2 CA UserslnthoughlAppDatalLacalWIlcraeoftlWindawslTemporary Internet F iessContent. 0utIook1WBV73ZJPI TAMUCCAmd9ExhC-1 WorkPlanBudgetTirneiine.daox -110 — vehicles identified, quantification of vehicles repaired; quantification of vehicle emissions read after emission reduction repairs, and a quantification of emissions reduced as a result of the program. Each monthly report should be SIP defensible due to the vigorous and robust quantification of emissions reductions as a result of the program. Due to the significant cuts in funding received, general public education and outreach activities and funded vehicle repairs provided by the Pollution Prevention Partnership will no longer take place. Budget April 1, 2012 — August 312012 Salaries, Wages and Benefits for Director and Assistant ( *) $55,855 Indirect charges (9 13,420 Monthly telephone 300 Fuel for program van 125 Office supplies (printer cartridges, mist.) 100 Calibration gas for emissions sensing system. 100 Printing (reports, etc. for fieet partners) Total - $70,000 The position of Director requires 100% effort of a full time position. Tasks and deliverables for this position include preparation of work-plans, budgets, monthly reports, final reports, monthly invoices, direction of assistant position In all assistant activities, partner recruiting, and program accountability. The position of Assistant requires 100% effort of a full time position. Tasks and deliverables for this position include meeting with and recruiting partners, monthly-pre and post repair emissions testing of fleets, coordinating repairs of polluting activities, preparation of monthly emissions reductions calculations, preparation of monthly emission reductions reports and databases, and monthly program equipment maintenance and calibration. Indirect charges are based on wages and salary only and are required by the Texas A &M University system for all University contracts. Contact information Gretchen Arnold, Director, Pollution Prevention Partnership Phone — 361 - 825 -3070 gretchen.arnold @tamucc.edu Exhibit C-1 Page 2 of 2 C: WserslmhoughlAppDatalLocaltilicrosoRlWindows ►Temporary Internet FileslCantent OutiaolAWBV73Z .lPITAMIJCCAmdlExriC -1 WorkPlanBudgeLTirneline.dacx —11 1— • AMENDMENT No. 'I INTERLOCAL COOPERATION AGREEMENT BETWEEN UNIVERSITY OF NORTH TEXAS AND THE CITY OF CORPUS CHRISITI INTERLOCAL COOPERATION AGREEMENT between University of North Texas ("UNT ") and the City of Corpus Christi ( "City"), WHEREAS, the City entered into a Grant Agreement for Air Quality Planning ( "Grant ") with the Texas Commission on Environmental Quality ( "TCEQ "), Contract No. 582 -11 -11223 for air quality planning activities in areas considered to be near non - attainment for the ozone standard under the Federal Clean Air Act Amendments of 1990, which activities may include without limitation identifying, inventorying, and modification and quantification of potential pollution reduction through voluntary control, and which activities will be consistent with TCEQ monitoring, inventory and modeling approaches and infrastructure, and conduct air quality planning activities in the Coastal Bend; WHEREAS, an element in the City's proposal for the Grant was UNT's proposed "Corpus Christi Ozone Near Non-Attainment Area Assessment and Planning Study," which study is being prepared by UNT, as a continuation of the City's Regional Air Quality Committee's Air Quality Assessment and Planning Program; WHEREAS, TCEQ requested the City to submit a proposal for additional funding, TCEQ stated that the preferred activity to be funded. by the additional would be additional air quality monitoring and. modeling effort as set forth by UNT's "Corpus Christi Ozone Near Non Attainment Area Assessment and Planning Study"; WHEREAS, the supplemental funding contract between TCEQ and City provides funding for "NT's "Corpus Christi Ozone Near Non - Attainment Area Assessment and Planning Study," in cooperation with its partners which TCEQ has extended into biennium 2012- 2013. NOW, THEREFORE, the parties agree to the amendment of Section 5. Price and Payment • as follows: Section 5. Price and Payment, Paragraph 1 is revised to read: As compensation for the performance of the agreement, the City agrees to reimburse UNT on a cost - reimbursement basis an additional amount of Seventy Thousand Dollars I$70.000.00) in a restated amount up to Three Hundred Twenty Nine ThousanctDolle rs ($329.000.00) _ - _ - : - W : • = - - : - : Ei : :. _ ! ... , • .. for expenses authorized under the Grant as approved by TCEQ. UNT agrees to expend the additional funds under the budget detailed in Exhibit 2, Amended Work Plan, which is attached to and incorporated Into this agreement by reference. Section 5. Price and Payment paragraph a is revised to read: Page 1 of 2 K; \Enpineering D ataExchangetKevInsIGEN 1ENVlRONM1AlrQuaityaran12011 UNTInteilooalAmdl .doe —1 1 2— a. This agreement is funded exclusively from funds made available to the City by the Grant,•The City's obligation is limited by the provisions of the Grant. The City is not liable to make payment to UNT, If funding is not available from TCEQ through the Grant. Payments may not exceed Tlree Hundred Twenty Nine Th s n Dollars ($329.000,00) • = - • t ; •. z .. .,.. from the execution of this Agreement August 31, 2012 te- Augu14. All other terms and conditions of the originally authorized December 14, 2010, as amended, between the City and UNT shall remain in effect, CITY OF CORPUS CHRISTI UNIVERSITY OF NORTH TEXAS By:. • Oscar Martinez City Manager ATTEST: Date By:___ -y_ Vice President of Research Date Dr. Vish PrasadA6 3)1 ;)1 "yo.12 -- Vice President for Research Printed Name Armando Chapa Date City Secretary APPROVED AS TO FORM: The day of 2011 Veronica Ocanes Date Assistant City Attorney Pete Anaya, P.E. Date Director of Planning /Environmental Services Page 2 of 2 K.1Engineering OataExchangelKevinSI GENIENViRONM1AtrQualltyGrent20111UN TlnterlocalAmdl .doc —1 1 3— EXHIBIT 2 GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE UNIVERSITY OF NORTH . TEXAS (UNT) AMENDED WORT( PLAN . TASK 1: Update Conceptual Model through the 2010 Ozone Season ' The title of Task 1 is changed to "Update Conceptual Model through the 2011 Ozone Season" The first paragraph of Task 1 Is changed to read: "The Performing Party, subcontracting to the University of North Texas, shall Identify necessary and sufficient conditions for high or exceeding ozone measurements in their program area (defined as the Immediate metropolitan statistical area plus adjacent counties) of the ozone National Ambient Air Quality Standards (NAAQS). The Performing Party's analyses shall include any seasonal variations and use data through 2011 to the extent possible. in particular, the Performing Party's analyses conceptual model will include the following analyses:" • The- deliverable of Task 1 is'changed to read: "The Performing Party shall deliver an updated • •Conceptual Model containing analysis of monitoring and other data through 2011. The conceptual model -shall be delivered to the TCEQ in a Microsoft Office Word and Adobe Acrobat Reader ( *.pdf) format. Accompanying data and other supporting material shall be provided in a mutually agreeable electronic format." ' The deliverable date for Task 1 Is changed to June 15, 2012. The cost of Task 1 is changed to: $22,000 • TASK 2: Arrlbient Monitoring Projects Tlie deliverable date for Task 2.1 Is changed to read "Continuously between September 1, 2010,. • =and•November 1, 2010; and April 1, 2011, and November 1, 2011, and April 1, 2012 and August 31, 2012," The cost of Task.2.1 is changed to: $150,000 (See below for details) Exhibit 2 Pa*e 1 of ... ,n,� ..........................r .:..: __.. ...,........:.... _..... �•• �•�- �� -� -- .. :�•� ^�. �;.,�;�� rte: mw.anu�.�z^� areGrknn' s�umv.+=' eene:. snrr-^ �rwwianniti� .ea_�..x:�•- \exe.•aw•.arr •....+�� :ri R•= ��ieua= ��sriiixiemms�rwrm ..a.ovw�+r..a.u...4�� .�..... ._+w_.a+r._" .. -: R:°!:e^.- ,yam—., - - - -- -=- -- .:. - -- •' -i__ _ _ _— • — 1 1 4— • • • • Monitoring Project: Continue Am. bient Air Monitoring Projects through August 31, 2012 2.1 The Performing Party shall continue to collect and deliver any routine, hourly ambient monitoring data to the TCE t in Austin (through the LEADS). In order to provide accurate, quality assured data for modeling efforts and to track movement of pollutants, the Performing Party shall operate the ambient air monitoring sites as listed in Table 2: .. Ambient Air Monitoring Sites to be Operated by the Grant Recipient: The geographical location of the monitoring sites is shown In Figure 1. • Table 1. Ambient Air Monitoring Sites to be Operated by the Grant Reciplent . START DATE END DATE LOCATION (ADDRESS) Holly. Road site (CAMS ::660) - Water pumping station operated by the•t ity of Corpus •.Cbrlsti located in-the . jrowing suburbs of the•south side of the City. • EQUIPMENT • (INSTRUMENTS) • Teledyne API 400E ozone analyzer, F460 wind sensors, Coastal environmental Atmospheric ' Temperature /Relative Humidity .(AT /RHY sensor, Zeno 3200 datalogger; and Enfora wlreiess modem. Effective Date April 1,2012 November 1, 201.1 August 31, 2012 • Aransas Pass site '(CAMS 659): • Wastewater • treatment plant berated by City of Aransas'Pass and In cooperation with the San Patriclo Water District. A coastal location to the NE of Corpus Christi. Violet site (CAMS 664) Pumping station 'located west of Corpus Christi. Rural Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric • • • Temperature /Relative Humidity (AT /RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric Effective Date April 1, 2412 November 1, 2011 August 31, 2012 Effective Date November 1, 2011 Exhibit 2 Page 2 of 4 ' dies ={ =+-per w+�w*rites�4ae iw.rinS.i"`u�" -.+��m werk t,r..»tai*i••i•-wC}..i:uzwiliaM,2 . ;.QivLiir.s :.�nar.. "146==` arty raw' wa,;;;;;;;- tiir'n'w"k gaff,. ,•t^'� , e"�c Tx's= .sa'::�.:i:.t..'i�ci R _ ... .. _ .__ r•• _•A•F�2�Lti��•r�T ai.S'r::-s�fryt'-Y4• .�_ �iTf•{H�•.i _ _ wew�C -R ORIZgaigaiVraMea.=5 e.MwµWn���uwuiinw�r_. n�wvnR'IH.•_ ^...�.. �^Y.:_' . .. ..... ....... .... .... .._..... . . .ru —115— • • The data will be transferred regularly to the TCEQ's Leading Environmental Analysis and Display System (LEADS} data system. These monitor sites are described as-specified in Table. The Performing Party shall operate these four monitoring sites from April 1 until October 31. All routine monitoring data that will be sent to the TCEQ's on -line data display system or Texas Air Monitoring information System will be collected using the TCEQ standard procedures, where they exist, as the minimum specification for the Work,' unless otherwise agreed to ahead of time by the TCEQ,. Existing standards or procedures are available from the Field Operations Support Division. This contractor -owned transfer standard will be calibrated according to TCEQ specifications, policies and procedures in the TCEO.'s NAMS /SLAMS Network and U,S. Mexico Border Support Activities Quality Assurance •Project: Plan for Air Monitoring in Texas. These requirements are based on requirements fmiiid 1n•.the code of Federal Regulations (CFR) 40, Parts 50, 53, and 58. See URL a fr 0 ch t- I.1 ,fo s .c w .era. v docs e 11 - Deltderabie:..Ambient monitoring data collected at monitoring sites to be delivered to the •TCEVs LEADS: Deliverable Date: •Continuously. between April 1,2011 and November 1, 2011, and April 1, 2012 •andAugust 31,2012. • Cost $- 156,000.00 - The amended work plan between the Texas Commission on Environmental Quality and the City oftrpus Christi is appended.to this document. • LExhibit 2 I P e4or4 r. L:::.evn:iriida*?Li: "wFelriiYwR. pia—' vns••.: wrhiuishiis* eYdei. S- r, r•+ r; M" aiir7' aUA' suFS�"" r.? (Sdx±i3�$rs�u.e,na"riw^ " ""'""'^ ups "'�:�jrt3iiw�i+�::;•s:^,_,:::« .!rT. ?pFnf.: •>,. uykFgSi."dlYi'kiSiv-•'.T.:S=F.'i• 9fLi99••• +-. ...unv. �...._w.:"....' .•£ �prs.^1 66..... g7Yi4r.••• 4•�csUVi7�n'a51��.'n.:(ik•�Y�. 'vK4S5:i ..^y��.,,r ^._• ..':.x ____ — __ _ _ .as.s:...r.o_•�•.....�"^. _ . _. __._...w. .___.._._.._.....___.... .. ............._............... • —116 -- Page 1 of 2 Resolution authorizing the City Manager, or designee, to accept a FY2012 -2013 Biennium Rider 8 Grant from the Texas Commission on Environmental Quality in the amount of $442,300.00 for Air Quality Planning; authorizing the City Manager or designee to execute Amendment No. 1 to the Interlocal Cooperation Agreement with North Texas University in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for Air Quality Monitoring and Modeling; authorizing the City Manager or designee to execute Amendment No. 1 to the interlocal Cooperation Agreement with Texas A & M University in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for the Pollution Partnership Alliance (Air Quality). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a FY2012 -2013 Biennium Rider 8 Grant from the Texas Commission on Environmental Quality in the amount of $442,300.00 for Air Quality Planning. SECTION 2. The City Manager or designee is authorized to execute Amendment No. 1 to the Interlocal Cooperation Agreement with North Texas University in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for Air Quality Monitoring and Modeling. SECTION 3. The City Manager or designee is authorized to execute Amendment No. 1 to the Interlocal Cooperation Agreement with Texas A & M University in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for the Pollution Partnership Alliance (Air Quality). ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: y1 th day of Veronica Ocanas Assistant City Attorney for City Attorney , 2012. RESOLUTION accepting $442300 from TCEQ Air Quality Planning Interlocal Ks N Tx U TAMU -CC (2) v.2 -117- Page 2 of 2 Corpus Christi, Texas of ,2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott RESOLUTION accepting $442300 from TCEQ Air -Quality Planning Interlace! Ks N Tx U TAMU -CC (2) v.2 —118— Page 1 of 2 Ordinance appropriating $442,300.00. from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Grants Fund for air quality planning activities; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $442,300.00 from the Texas Commission on Ervironmental Quality is appropriated in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. 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 April, 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form: 12- Mar -12 By: 140k(A.... 6/1641,7 Veronica Ocana City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor 041012 ORD APP $442,300 from TCEQ for air quality planning — 1 19— 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 Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelly Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 041012 ORD APP $442,300 from TCEQ for air quality plan ^ 11 1852 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: TO: FROM: CAPTION: 3/29/2012 Ronald L. Olson, City Manager Mark Van Vleck, Interim Director,LeMent of Development Services MarkVV @cctexas.com (361) 826-3246 Amending Ordinance No. 028064, with regard to the condition noted at SECTION 2.a., by replacing former Exhibit B with the current Exhibit B, pages 1 thru 3; and by deleting the last sentence. Amending Ordinance No. 028064, with regard to the condition noted at SECTION 2.a., by replacing former Exhibit B with the current Exhibit B, pages 1 thru 3; and by deleting the last sentence. BACKGROUND AND FINDINGS: The City of Corpus Christi is proposing to amend Ordinance No. 028064 by making the following changes. • Delete the last sentence in Section 2. Paragraph a.; • Correct the metes and bounds description; and • Correct the exhibit of the public access easement. The last sentence in Section 2. Paragraph a. that is being deleted reads as follows: In addition, no above ground obstructions will be allowed within one (1) horizontal foot of either side of the easement width. The metes and bounds description and exhibit are being corrected because the metes and bounds size, description and exhibit of the access easement that was dedicated by Ordinance 028064, does not match the ordinance's declaration of intent. The corrected public easement under consideration is located between Lots 11 & 12, Block 43, Padre Island No. 2. These properties are located northeast of Playa Del Rey and Villa Maria Isabel, both east of South Padre Island Drive (PR 22). February 10, 2009 (Ordinance No. 028064) - Council approved the abandoning and vacating of a 10 -foot wide undeveloped and unsurfaced, dedicated public alley right -of -way, out of Padre Island No. 2, Block 43, Lots 12 -13, located adjacent to and northeast of the Playa Del Rey public right -of -way. ALTERNATIVES: Deny the Request OTHER CONSIDERATIONS: N/A 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. -123- Agenda Amendment of Ordii EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE - una(s): Comments: N/A RECOMMENDATION: Staff recommends approval of the Ordinance. Upon approval by Council and issuance of the ordinance, all grants of easement dedications must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of the building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the City's Building Official. LIST OF SUPPORTING DOCUMENTS: Original Ordinance 028064 Amending Ordinance Revised Metes and Bounds Exhibit (Exhibit B pages 1 thru 3) Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Toby Futrell, Interim Assistant City Manager KIDEVELOPMENTSVCSISPECIAL SERVICESIWILLIE MEDINA\ALLEY CLOSURESIPADRE ISLAND NO.24PADRE ISLAND NO. 2 -CITY COUNCIL ACTION ITEM (3-29-12) DOCX -124- Page) 'of 3 ORDINANCE ABANDONING AND VACATING A 2,701.10- SQUARE FOOT PORTION OF A 10 -FOOT WIDE UNDEVELOPED AND UNSURFACED DEDICATED PUBLIC ALLEY RIGHT -OF -WAY, LOCATED BETWEEN LOTS 12 AND 13, BLOCK 43, PADRE ISLAND NO. 2, ADJACENT TO AND NORTHEAST OF THE PLAYA DEL REY PUBLIC RIGHT -OF -WAY; SUBJECT TO OWNERS' COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Robert Bryan Gulley and Shannon H. Gulley, owners of Padre Island No. 2, Lot 13, Block 43, and Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, are requesting the abandonment and vacating of an undeveloped and unsurfaced dedicated public alley right-of-way, which is located between Lots 12 and 13, Block 43, Padre Island No. 2, in order to improve security and facilitate maintenance of the area; and WHEREAS, the other owners of property abutting the public alley right -of -way are not directly affected by the abandoning and vacating of the undeveloped and unsurfaced dedicated public alley right -of -way, therefore they did not join in the request for closure. WHEREAS, with proper notice to the public, public hearing was held on Tuesday, November 18, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the undeveloped and unsurfaced dedicated public alley right -of -way, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 2,701.10- square foot portion of a 10 -foot wide undeveloped and unsurfaced dedicated public alley right - of-way out of Lots 12 and 13, Block 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right -of -way, as recorded in Volume 13, Page 28 of the Map Records of Nunes County, Texas, is abandoned and vacated, subject to Owners' compliance with the conditions as specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public alley right -of -way is conditioned upon compliance with the following: a. Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, and Allen Lizakowski and Carmen L. Turner, owners of Padre Island No. 2, Lot 11, Block 43, grant a separate public access easement along the common property line between Lot 11 and Lot 12, Block 43, Padre Island No. 2 028064 Q:1Shared1/4LEGAL- DEV.SVCS12009 Agenda12- 1D1ORD abandon- vacaleR0WGulleyEaton -Padre 2rdg continued FINAL.doc —125— Page '2 of 3 Subdivision. (Exhibit B). Said easement will extend the entire length of the common property line, from City street right -of -way to the County Park. The width of the easement shall be a minimum of 3 feet, continuous. In addition, no above ground obstructions will be allowed within one (1) horizontal foot of either side of the easement width. b. City shall erect a sign to designate Packery Channel Park access at the entrance of the public access easement. c. Owners pay the fair market value of $2,825.00, allowing for the value of the separate public assess easement, prior to the alley closure ordinance for the abandonment and vacating of the 2,701.10- square foot portion of the 10 -foot wide alley, going to City Council for approval. d. City Storm Water Department has an existing 24" RCP within the alley right -of -way and requires that the Owners retain the entire 10' wide public alley right -of -way as a utility easement. e. Execution of a Hold Harmless Agreement will be required to fully indemnify the City and any of the private franchised utility companies against any and all liability which may arise from any maintenance to any existing public utilities or the installation of any future public utilities within the public alley right-of-way. f. Within 180 days of approval by Council and issuance of the ordinance, all grants of public right-of-way closures and dedication of utility easement must be recorded at owners' expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Assistant City Manager of Development Services. Q:1Shared%LEGAL- DEV.SVCS12009 Agenda12- 101ORD .abandon- vacateROWGulleyEalan- Padre -2rd9 continued FINAL.doc - -126 -- 'Page'3.af 3 That the foregoing ordin r, ce was read for the first time and passed to its second reading on this the / day of do , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummed BiII Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foirpgoing ordinance was read for the second time and passed finally on this the /0 day of , 2009, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper Ake4tAL John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Airre/44- Michael McCutchon Bill Kelly PASSED AND APPROVED, this the / tday of , 2009. ATTEST. Armando Chapa my Ga City Secretary Mayor APPROVED as to form: February 10, 2009 By: .r ett~ -g r ssistant City Attorney For City Attorney 028004 Q:1SharedlLE GAL- DEV.SVCS12009 Agendal2- 101ORD- abandon- vatateROWGuIIeyEatan.Fadre -2rdg continued FINAL.doc —127— f516' 09' 30 "E 218.75'] 4 3 axe %mon 2.701.10e.F.to9ECLOSED AND RETAINED As A tt.E. AGM MAP zut TalePublfs woo Zone ai . imam p PRIM $ 04Et `�� lsl tam twin E a iTEmriloa4 Mw*. ALLEY CLOSURE d =03'10'37" R. 90.00' u. 4.9r 2.496' 4- F zolt>r =NEC IDT 14 444wr 21' 13' 30'W 7.891 [R =90.00', U045.601 D= 03' 10' 38" R. 90.00' LA - 4.99' T= 2.496' 14202 PLAYA DEL REY D TE of:e�0s #EV: — a� MIT: 4W 511 GP /: 30s t: SHEET 1 OF 1 SCALE 1" = 40' 2788.8 S.F., Belnp the 10' PubNc Allay Rlyhta[ Wsy batman Lot 12 81.at 13. Block 49 Padre Wind U, V. 13, P.28, (MR Corpus ip s ClvlssU,aNusces County. Texas �T$$ EN'GI /NE RBING NTC i1II8F111011111101111#IM #lM8 0,1.117281T T Pt Shaded Properties indicate Expanded Courtesy Notification Area o fsaS�� Proposed Alley Closure Y:tmween Logs 12.13. Block 43, Padre Island No 2 1 rusrNrw. -129- Exhibit B /4102 ire 12 4118 gs 'ow 29 NM 30 Myrr 5 Miu 44121 Proposed Alley Closure Between Lots 12 -13, Block 43, Padre Island No. 2 ROW L OCA711 Right of Way A 450' Buffer Amending Ordinance No. 028064, with regard to the condition noted at SECTION 2.a., by replacing former Exhibit B with the current Exhibit B, pages 1 thru 3; and by deleting the last sentence. Whereas, on or about February 10, 2009, Robert Bryan Gulley and Shannon H. Gulley, owners of Padre Island No. 2, Lot 13, Block 43, and Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, requested, and the City of Corpus Christi City Council approved, see Ordinance No. 028064, the abandonment and vacation of an undeveloped and unsurfaced dedicated public alley right -of -way, located between Lots 12 and 13, Block 43, Padre Island No. 2, in order to improve security and facilitate maintenance of the area; and Whereas, the original parties to Ordinance No. 028064, seek amendment to a portion of said ordinance, specifically with regard to the condition noted at SECTION 2.a. by replacing former Exhibit B with the current Exhibit B, pages 1 thru 3 so as to provide a correct metes and bounds description along with a correct map depicting the public alley right -of -way, located between Lots 12 and 13, Block 43, Padre Island No. 2; and by deleting the last sentence of the condition noted at SECTION 2.a. as the provision was not agreed to by the parties. WHEREAS, it has been determined, during a meeting of the City Council, on Tuesday April 17, in the Council Chambers, at City hall, in the City of Corpus Christi, that it is advantageous to the City of Corpus Christi that Exhibit B be replaced with Exhibit B, pages 1 thru 3, and that the last sentence of the condition noted at SECTION 2.a. be deleted. Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. Ordinance No. 028064 is amended by replacing former Exhibit B with the current Exhibit B, pages 1 thru 3 so as to provide a correct metes and bounds description along with a correct map depicting the public alley right -of -way, located between Lots 12 and 13, Block 43, Padre Island No. 2; and by deleting the last sentence of the condition noted at SECTION 2.a., as the provision was not agreed to by the parties. See amendments to the condition noted at SECTION 2.a. below: a. Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, and Allen Lizakowski and Carmen L. Turner, owners of Padre Island No. 2, Lot 11, Block 43, grant a separate public access easement along the common property line between Lot 11 and Lot 12, Block 43, Padre Island No. 2 Subdivision. (Exhibit B) (Exhibit B, pages 1 thru 3). Said easement will extend the entire length of the common property line, from City street right -of -way to the County Park. The width of the easement shall be a minimum of 3 feet, continuous. In addition, -io above ground obstruction:, width, K:1LegaI SKARED1LEGAL- DEV.SVCS12D12 Agenda & NonAgendalPadre Island No. 2 GulleyEaton AmendORD1GulleyEaton- Padre -2rdg Abandon and Vacate13- 29- 12Gulley Eaton Amending A &V ORD.DWB Final.docx —131— Section 2. Considering the above and forgoing, the condition noted at SECTION 2.a. of Ordinance No. 028064 shall now read as follows: a. Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, and Allen Lizakowski and Carmen L. Turner, owners of Padre Island No. 2, Lot 11, Block 43, grant a separate public access easement along the common property line between Lot 11 and Lot 12, Block 43, Padre Island No. 2 Subdivision. (Exhibit B, pages 1 thru 3). Said easement will extend the entire length of the common property line, from City street right -of -way to the County Park. The width of the easement shall be a minimum of 3 feet, continuous. Signatures at next page. K :1 Legal \SHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda\Padre Island No. 2 GulleyEaton ArnendORD\GulieyEaton- Padre-2rdg Abandon and Vacate13- 29- 12Gulley Eaton Amen¢jnet RD.DWB Finaf.docx That the foregoing ordinance was read for the first time and passed to its second reading on this the day of A.. i I , 2012, by the following vote: Joe Adame Chris Adler Kelley Allen Larry Elizondo, Sr. Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame Chris Adler Kelley Allen Larry Elizondo, Sr. Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form only this the day of 7") /��' ---" , 2012. For Carlos Valdez, City Attorney eborah Walther Bro Assistant City Attorney K: 1Lega1 1SHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgendalPadre Island No. 2 GulleyEaton AmendORDIGuIleyEaton- Padre-2rdg Abandon and Vacate13- 23- 12Gulley Eaton Amending A &V ORD.DWB Final.docx —133— Padre Island No. 2 Access Easement STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 0.01 Acres (414 Sq. Ft.) of land out of Lots 11 and 12, Block 43i Padre Island No. 2 as shown on plat thereof recorded in Volume 13, Page 28 of the Map Records of Nueces County, Texas. This 0.01 Acre Tract being more particularly described by metes and bounds as follows: BEGINNING at a Found 518" Iron Rod on the northerly right-of-way line of Villa Maria Isabel, the common corner of Lots 11 and 12, Block 43, Padre Island No. 2 as shown on plat thereof recorded in Volume 13, Page 28 of the Map Records of Nueces County, Texas; THENCE N01 °32'30 "E along the common boundary line of said Lots 11 and 12 a distance of- 28.00' to a Point, being an angle point of this tract; THENCE N45 °00'00 'VII through said Lot 11 a distance of 1.38' to a Point, being art angle point of this tract; THENCE N01 "32130"E continuing through said Lot 11 a distance of 108.37' to a Point on the southerly boundary line of Nueces County Park No. 2, being the northwest corner of this tract; THENCE N68 °46'30 "E along said County Park No. 2 a distance of 3.25' to a Point on the northerly boundary line of Lot 12, being the northeast corner of this tract; THENCE S01 °32'30' W through said Lot 12 a distance of 109:63' to a Point, being an angle point of this tract; THENCE S45 °00'00 "E continuing through said Lot 12 a distance of 1.38' to a Point, being an angle point of this tract; THENCE S01 °32'30' W continuing through said Lot 12 a distance of 28.05' to a Paint, being the southeast comer of this tract, same Point be at the beginning of a non - tangent curve to the left having a Radius of 90.00'; THENCE along said curve having a Radius of 90.00', an Arc Length of 3.00', and a Chord of N87 °27'29' W a distance of 3.00' to the POINT AND PLACE OF BEGINNING and containing 0.01 Acres (414 Sq. Ft.) of land. _1.34_ Exhibit B Page 1 Bearings are with reference to the common boundary line of Lots 11 and 12, Block 43, Padre Island No. 2 as shown on the Plat recorded in Volume 13,.Page 28 of the Map Records of Nueces County, Texas. State of Texas County of Nueces 1, Russell D. Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the'ground under my direction. This the 10TH day of November, 2011• . ,.G STE J Russell D. Ochs - RUSSELL D. OCHE State of Texas License No. 5,241 .lc' 5241 tid 40 —135— Exhibit B Page 2 4 1 1 1g 1 g to NEE • r i. :112:11 F U Ka Y7 0 a Mj G G 0 NUECES COUNT' PARK 2 x 0 cy I4` ‘* -48 iii\ 0u ofie J CL f7 m M 'DR • x UJ Q.. r° u c 0 7 07 lY a I„ 0 W co 5 Www SWARM PROPOSED PUBLIC ACCESS E4SEMEIvr OUT OF L07S 11 & 12 BLOCK 4.3, PADRE MAW NO. 2, WDLUME 13, PAGE 26, MAP RECORDS OF NUECES COUNTY, mots DOCUMENT 140. 2009014469, OFFICIAL PUBLIC RECORDS Or NUECES COUNTY, TE7GIS. CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division 361-826-3551 Drawn BY: A. JIMEV,Q Checked By: 0. NESMITH Date Drown: 8/12/2011 Project: 95029 Fi1e:CAPROJECTh' VRLA MARIA ESAlTNDWATOP0 09-12-11.DWG SHEET i OF 1 12 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: 3/28/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services( danb @cctexas.com; 826 -3729 CAPTION: Resolution determining necessity of improvements and Resolution setting a public hearing A. Resolution determining the necessity for and ordering the following improvement in Corpus Christi, Nueces County, Texas, in connection with the Flour Bluff Street Improvements: construction of a sound wall structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive; specifying that this improvement will be paid for partly by the City and partly by assessments;. and directing the City's Director of Engineering Services to file a notice of the proposed assessment with the Nueces County Clerk. B. .Resolution approving plans and specifications for improvement to the following roadway in Corpus Christi, Nueces County, Texas: Construction of Sound Wall — approximately 275 linear feet (FENCECRETE) at the corner of Flour Bluff Drive and Cornerstone Drive; approving the Director of Engineering Services' Project Construction Cost Estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessment to the, abutting property owner; setting a public hearing on the proposed assessment to occur during the April 24, 2012 City Council Meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. BACKGROUND AND FINDINGS: On November 4, 2008, the City of Corpus Christi approved a bond package that included improvements to Flour Bluff Drive from South Padre Island Drive to Don Patricio. Work would include widening the road from two to four travel lanes with a continuous left turn lane to accommodate the increased traffic volume in the area. On two separate occasions, traffic engineering staff measured the sound levels in the vicinity of Flour Bluff Drive and Cornerstone Drive at the request of the resident whose property abuts this intersection. Both times, the decibels recorded were elevated and levels warranted some sort of sound attenuation measures. Based on the City's analysis, staffs recommendation was to use ground treatments or a minimal sound wail constructed of wood. The property owner has requested a' sound wall be constructed using Fencecrete and will pay the difference between the minimal cost and the final cost of the Fencecrete Wall. The owner will pay for the improvements through the City's normal assessment process for city constructed improvements. This will include: -139- • Being assessed at 100% the cost of the wall, minus the City's contribution for minimal. attenuation measures. • Signing a Mechanic's and Material's Lien and Promissory . Note and arranging for monthly payments. • Once the Final Assessment Roll is adopted by City Council, the Final Roll and supporting Mechanic's Lien and Promissory Note will be forwarded to the Collection Section of the Nueces County Tax Office for billing on a monthly basis to include interest if not paid within thirty days. ALTERNATIVES: 1. Do not construct the sound wall. 2. Construct the sound wall, but do not require an assessment from the property owner. OTHER CONSIDERATIONS: This work will be changed order to the existing contract with the Haas Anderson Construction, who is the contractor for the Flour Bluff Drive Improvement Project to expedite construction and save costs. ASSESSMENT PROCEDURES: City Resolution No. 022767 specifies the procedures which apply to the assessment process. The Resolutions before the Council today will begin the process and direct the City's Director of Engineer Services to file a Notice of Proposed Assessments and set a public hearing on the assessments. Future City Council meetings will require: • Action on the two Resolutions introduced today (Action Agenda April 17, 2012) • Holding a Public Hearing (Future Agenda April 17, 2012, Action Agenda April 24, 2012) • Ordinance closing the Public Hearing and adopting the preliminary assessment role (Future Agenda April 17, 2012, Action Agenda April 24, 2012) • Motion approving the construction contract or change order to complete the work (This will not be required for this item because the cost is under $50,000. It will be processed as a small change order only requiring administrative approval.) • Adopting the final assessment role (TBD, after construction is complete and accepted) CONFORMITY TO CITY POLICY: Conforms to statutes regarding the Assessment process. EMERGENCY 1 NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Not required at this time. Comments: The estimated cost of the project to install the Fencecrete Wall is $30,209.68. After the Public Hearing an administrative change order will be issued to complete the work. The City's share of this amount is $6,700. After the project is complete, staff will come back to Council with the final project cost and assessment amount. RECOMMENDATION: Approval of the Resolutions as presented. LIST OF SUPPORTING DOCUMENTS: Copy of Petition Copy of Resolutions Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager CITY OF CORPUS CHRISTI Petition Voluntary Pavinp/Street Improvement Assessment Program We, the undersigned property owners, request the City of Corpus Christi (City) construct an improvement on the public right -of -way portion adjacent to property located at 1234 Cornerstone Drive, Corpus Christi, Texas 78418, at the corner of Flour Bluff Drive and Cornerstone, Corpus Christi, Texas. Improvement: construction of a sound wall (APPROXIMATELY 275 LF OF SOUND WALL (FENCECRIs"TE)). Street improvement proiect: Flour Bluff Drive Phase 1 and 2 — SPID to Don Patricio Project # 6498/6499 We understand that we will be assessed on the basis of the actual construction bid price and following front foot assessment policy: One hundred percent (100 %) of the applicable cost of construction. It Is understood that the petition will be accepted only if the true property owners of property fronting on the requested improvements support the project by meeting one of the following requirements: petition; however d. Both husband and wife must sign the petition e. In either event, all of the owners who represent this property as "Homestead Property." We, further understand that where sufficient street right-of-way does not exist, abutting property owners shall be required to dedicate the street right-of-way necessary to construct the herein requested improvements. If this right -of -way is not dedicated the improvements cannot be constructed. Mechanic's Lien contracts specifying our actual cost will be available to each of us after bids have been received by the City of Corpus Christi. These contracts will be prepared for periods of time to permit monthly payments, including interest, on the unpaid balance at the higher of either eight percent (8 %) or the interest rate on the latest Capital Improvement Bonds sold. RETURN COMPLETED FORMS TO: Petition Chairperson: City of Corpus Christi — Engineering Voluntary Paving — Sylvia Arriaga P.O. Box 9277 03 -08 -2012 Signature Scott F Corliss —142— Date 1234 Cornerstone Drive 361- 438 -8780 LOCATION.. PETmONER: We. the undersigned property owners request the qty of Corpus Christi to Improve the above named street within the limits described. We understand the provisions outlined on the cover letter. CITY OF CORPUS CHRISTI VOLUNTARY PAVING/STREET IMPROVEMENT ASSESSMENT PROGRAM PETITION SIGNATURES For Mee Um Only: Date Flied: Property Owmor (Print Nerve) Property Address Plumber &saw) Scott F Corliss Ninfa Corliss Lepel Named (Yss1Ne) 234 Cornerstone Dr X yes 234 Cornerstone Dr X yes r . � Slpnetrau s( Owner 1CJ27) Page — at Resolution determining the necessity for and ordering the following highway improvement in Corpus Christi, Nueces County, Texas, in connection with the Flour Bluff Street Improvements: construction of a sound wall structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive; specifying that this improvement will be paid for partly by the City and partly by assessment; and directing the City's Director of Engineering Services to file a notice of the proposed assessment with the Nueces County Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Under Corpus Christi City Charter Article X, Section 1(a)(12) and Texas Transportation Code Chapter 313, the City Council determines that it is necessary to make the following improvement and orders the improvement: Construction of a sound wall structure (275 Linear Feet of FENCECRETE) on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive (the "Project "). = For purposes of this resolution, "highway includes any part of a street, alley, public place, or square including a part left wholly or partly unimproved in connection with another street improvement. SECTION 2. The Project consists of an improvement to be paid for partly by the City and partly by assessments. An assessment against the abutting property will create a lien on the property and a personal liability and charge against the property owner. If the property is exempt from a street improvement assessment lien when the improvements are ordered, then no assessment lien . will be created. The owner of the exempt property, however, will be personally liable for an assessment in connection with the property. An owner of exempt property may voluntarily execute a Builder's and Mechanic's Lien Contract and Note to place a lien on the property. SECTION 3. To ensure that assessment liens take effect as soon as possible, and to ensure that the liens will apply to the fullest extent even if assessed property is subdivided or sold, the Director of Engineering Services will file a notice of the proposed assessment with the Clerk of Nueces County, Texas. This notice will describe, or describe by reference, the parcel of property abutting the proposed improvement. The notice will be substantially in the form attached to this resolution as Exhibit A. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO LEGAL FORM: 1 th day of Veronica Ocanas Assistant City Attorney for City Attorney 2012. Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Preliminary Assessment Roll Sound Wall at Flour Bluff Drive and Cornerstone Improvements Item Owner and Quantity Assessment Total No. Property Description Assessed Description Rate Amount Amount 01 Mr & Mrs. Ninfa and Scott Corliss 275 I.f. Fencecrete $85.49 275 if. $23,509.00 1234 Cornerstone Drive Sound Wall per I.f. Corpus Christi, Texas 78418 EXHIBIT A -147- NOTICE OF PROPOSED ASSESSMENTS Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499 Construction of Sound Wall — approximately 275 linear feet (FENCECRETE) at the corner of Flour Bluff Drive and Cornerstone Drive. The assessment rate for this improvement is 100% and has been calculated in accordance with the City's current assessment policy and the estimate submitted by Haas Anderson Construction, Inc. The assessment rates are as follows: Item Price Plus Engineering Cost (if any) Assessment Rates 275 LINEAR FEET ( FENCECRETE) Sound Wall $30,209.68 $85.49 per L.F. Actual Cost to abutting property owner - $85.49 per L. F. Total Price Change Order No. 11 $30,209.68 Preliminary Assessment Amount to be charged to the abutting property owner $23,509 $85.49 per L. F City Share Cost for minimal attenuation $6,700.00 —148— Daniel Biles, P. E., Interim Director, Department of Engineering Services City of Corpus Christi EXHIBIT A CITY ENGINEER'S STATEMENT RE: PRELIMINARY ASSESSMENT ROLL, Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499 My name is Daniel Biles. I am the Interim Director of Engineering Services and City Engineer for the City of Corpus Christi and have served in this capacity for the last 2 months and as Assistant City Engineer for the last 20 months. I am a Professional Engineer, licensed by the State of Texas since 2008. I have over 20 years of experience in design of construction and estimating the costs thereof. I am familiar with this project which encompasses: Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499 The project consists of construction of 275 linear feet of FENCECRETE as shown on the plans and called for in the specifications. Funds to finance the project are available in the FY 2011 - 2012 Street Improvement Program. Prior to this hearing, I had an estimate of project costs prepared, and the costs are true and accurate. This project is estimated to start in April of 2012 with completion in May, 2012. Daniel Biles, P.E. Date Interim Director Department of Engineering Services City of Corpus Christi —149— .�rcI�FTF�1l s / DANIEL BILES to •o•• 101367 j4 :t° •A ', • �!c..a... ..ew: k�® Exhibit "A" Resolution approving plans and specifications for improvements to the following highway in Corpus Christi, Nueces County, Texas: Flour Bluff Drive at Cornerstone Drive; approving the Director of Engineering Services project construction cost estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessments; setting a public hearing on these proposed assessments to occur during the April 24, 2012 City Council Meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. WHEREAS, in its Resolution passed on , the City Council determined that it was necessary to improve and ordered the following improvement of the following highway in Corpus Christi, Nueces County, Texas: Sound Wall at Flour Bluff Drive at Cornerstone Drive in connection with the Flour Bluff Drive Street Improvement Project; and WHEREAS, in Resolution , the City Council stated that the Project consisted of construction of sound wall (275 Linear Feet of FENCECRETE) on the public right-of-way at Flour Bluff Drive and Cornerstone Drive. The Director of Engineering Services prepared a Project Construction Cost Estimate (attached as Exhibit A). This estimate specifies anticipated total Project construction cost and the city portion of this cost, the preliminary total of assessments, and the applicable assessment rate. The estimate also includes a preliminary assessment roll listing the proposed assessment against the one abutting or affected property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The project plans and specifications are approved. SECTION 2. In accordance with Texas Transportation Code Section 313.024, the Project construction cost estimate is approved; however, the assessment listed in the preliminary assessment roll cannot be imposed until after a public hearing is conducted in accordance with state law and the City Council's Assessment Process Rules Resolution. SECTION 3. A public hearing on proposed assessments for the Sound Wall at Flour Bluff Drive and Cornerstone Drive Improvement Project will be held during the City Council's April 24, 2012 meeting. This meeting will begin at 12:00 p.m. in the City Council Chambers, 1201 Leopard, Corpus Christi, Texas. SECTION 4. The City Secretary will arrange to publish notice of this public hearing in accordance with the Assessment Process Rules Resolution. resolution 2 -150— SECTION 5. The Director of Engineering Services will provide written notice of the public hearing to property owners, if necessary, in accordance with the Assessment Process Rules Resolution. ATTEST: Armando Chapa City Secretary APPROVED AS TO LEGAL FORM: Veronica Ocanas. Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI JoeAdame Mayor th day of 2012. 032012f - 033712a reso no. 2 sound wall (approving plans, costs, and setting public hearing) —151 — Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelsey Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 032012f - 033712a reso no, 2 sound wall (approving plans, costs, and setting public hearing) —152— NOTICE OF PROPOSED ASSESSMENTS Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499 Construction of Sound Wall — approximately 275 linear feet (FENCECRETE) at the comer of Flour Bluff Drive and Cornerstone Drive. The assessment rate for this improvement is 100% and has been calculated in accordance with the City's current assessment policy and the estimate submitted by Haas Anderson Construction, Inc. The assessment rates are as follows: Item Price Plus Engineering Cost (if any) Assessment Rates 275 LINEAR FEET (FENCECRETE) Sound Wall $30,209.68 $85.49 per L.F. Actual Cost to abutting property owner $85.49 per L. F. Total Price Change Order No. 11 $30,209.68 Preliminary Assessment Amount to be charged to the abutting property owner $23,509 $85.49 per L. F City Share Cost for minimal attenuation $6,700.00 Daniel Biles, P. E., Interim Director, Department of Engineering Services City of Corpus Christi —153— EXHIBIT A CITY ENGINEER'S STATEMENT RE: PRELIMINARY ASSESSMENT ROLL, Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499 My name is Daniel Biles. I am the Interim Director of Engineering Services and City Engineer for the City of Corpus Christi and have served in this capacity for the last 2 months and as Assistant City Engineer for the last 20 months. I am a Professional Engineer, Licensed by the State of Texas since 2008. I have over 20 years of experience in design of construction and estimating the costs thereof. I am familiar with this project which encompasses: Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499 The project consists of construction of 275 linear feet of FENCECRETE as shown on the plans and called for in the specifications. Funds to finance the project are available in the FY 2011 - 2012 Street Improvement Program. Prior to this hearing, I had an estimate of project costs prepared, and the costs are true and accurate. This project is estimated to start in April of 2012 with completion in May, 2012. Daniel Biles, P.E. Date Interim Director Department of Engineering Services City of Corpus Christi -----.W: ---- -4-4 hi le* � • * tI DANIEL, BILES $ ' �.. 10367 ,•� -: Re PRELIMINARY ASSESSMENT ROLL, Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.LD. to Don Patricio PR 6498/6499 My name is Eusebio Garza, III, and 1 am a Texas Certified Residential Real Estate Appraiser and have been evaluating property and real estate for the City of Corpus Christi since June 1998. I have experience in appraising both commercial and residential properties, and 1 am familiar with the real estate market in Corpus Christi. 1 am familiar with the sound wall to be constructed at FIour Bluff Drive and Cornerstone Drive, and I am familiar with the improvements to be made by the City of Corpus Christi. I have reviewed the project assessment roll; and personally reviewed the parcel of land to be assessed. In my opinion this parcel will be specifically benefited by the improvement to be assessed against it; without regard to the community benefit. In addition, it is my opinion that the parcel will be specially enhanced by • the improvement at least to the extent of the assessment stated. Thank you, usebio Garza, III r Date Manager, Property & . nd Acquisition Department of Engineering Services City of Corpus Christi —155— \Mproject\ councilexhibits \exh6498b. dwg Phase 2 — F]our Bluff Drive Graham to Don Patricia Flour Bluff Drive, Phase 1- South Padre Island Drive to Graham Phase 2 - Graham to Don Patricio -156- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ilmowtomeoe 13 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: 4/4/2012 TO: Ronald L. Olson, City Manager FROM: Eddie Ortega, Director of Neighborhood Services Eddieo @cctexas.com 361- 826 -3234 Resolution acknowledging CDG Housing Corpus Christi, Ltd. application for Texas Department of Housing and Community Affairs; HOME Investment Partnership Program Funds as part of their local match as required in their tax credit application for the proposed multi - family project; Villas at Woodbend CAPTION: Resolution acknowledging CDG Housing Corpus Christi, Ltd. application for Texas Department of Housing and Community Affairs; HOME Investment Partnership Funds as part of their local match as required in their tax credit application for the proposed multi- family project; Villas at Woodbend BACKGROUND AND FINDINGS: The Villas at Woodbend is an affordable housing development consisting of 156 residential units in the City of Corpus Christi, designated for families whose income is at or below 60% of Area Median Income. CDG Housing Corpus Christi, Ltd. intends to submit a joint application to Texas Department of Housing and Community Affairs ( "TDHCA ") for 2012 Housing Tax Credits and HOME Investment Partnership Program funds for the Villas at Woodbend. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize the applicant over other applicants competing with them in the Corpus Christi market. CONFORMITY TO CITY POLICY: City Council approval is required for the passing of a resolution. EMERGENCY! NON-EMERGENCY: This item is non - emergency. —159— DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends that City Council recognize the applicant's application for HOME Investment Partnership Funds from the Texas Department of Housing and Community Affairs and supports Affordable Housing. LIST OF SUPPORTING DOCUMENTS: Resolution Approvals: Alison Logan, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS IN SUPPORT OF THE PROPOSED CONSTRUCTION OF THE VILLAS AT WOODBEND, APPROVING AN APPLICATION FOR 9% HOUSING TAX CREDITS AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS TO FINANCE SUCH PROJECT; PROVIDING AN EFFECTIVE DATE. WHEREAS, CDG HOUSING CORPUS CHRISTI, Ltd. and its affiliates (the "Applicant ") propose to construct The Villas at Woodbend, an affordable housing development consisting of 156 residential units (the "Affordable Housing ") in the City of Corpus Christi, designated for families whose income is at or below 60% of Area Median Income; and WHEREAS, CDG Housing Corpus Christi, Ltd. intends to submit a joint application to the Texas Department of Housing and Community Affairs ( "TDHCA ") for 2012 Housing Tax Credits and HOME Investment Partnership Program funds for The Villas at Woodbend; and WHEREAS, §50.9(b)(5), Texas Administrative Code, which gives Housing Tax Credit points for the commitment of development funding by the Unit of General Local Government, states that the TDHCA HOME Program funds will not qualify for points in this category "unless a resolution is submitted with the application from the Governing Body of the Unit of General Local Government authorizing that the Applicant act on behalf of the Unit of General Local Government in applying for HOME Program funds from TDHCA for the particular application "; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council of the City of Corpus Christi hereby confirms its support for the development of the Affordable Housing. SECTION 2. The City Council of the City of Corpus Christi hereby approves the Applicant's application for Housing Tax Credits from the Texas Department of Housing and Community Affairs and authorizes an award of Housing Tax Credits for the Affordable Housing pursuant to the Qualified Allocation Plan of the Texas Department of Housing and Community Affairs. SECTION 3. The City Council of the City of Corpus Christi hereby recognizes the Applicant's application for HOME Investment Partnership Funds from the Texas Department of Housing and Community Affairs, and supports Affordable Housing. SECTION 4. This Resolution shall become effective immediately upon its passage. PASSED AND APPROVED this — day of , 2012 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI, TEXAS Armando Chapa, City Secretary Joe Adame, Mayor APPROVED AS TO LEGAL FORM: April . 2012 Carlos Valdez, City Attorney 2 of 3 -162- Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 14 DATE: TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chiefof Police flovds@cctexas.com 361- 886 -2603 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 March 29, 2012 Ordinance changing the FY 2011 -2012 Operating budget regarding the number of police officer positions budgeted CAPTION: Ordinance changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155, regarding the number of police officer positions budgeted, reducing the number of Police Commanders from five to four, and increasing the number of Assistant Police Chiefs from two to three, effective the day following final City Council approval. BACKGROUND AND FINDINGS: Chief of Police Floyd Simpson requests the modification to continue implementation of recommendations regarding staff alignment. ALTERNATIVES: Not approve the ordinance. OTHER CONSIDERATIONS: None. FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense o Revenue ❑ CIP Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,876,017 $10,855 $1,886,872 Encumbered 1 Expended Amount This item $2,714 $10,855 $13,569 BALANCE $1,873,303 $0.00 $1,873,303 Fund(s): Police General Fund COMMENTS: RECOMMENDATION: Approval of the ordinance. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON - EMERGENCY: Non- emergency DEPARTMENTAL CLEARANCES: • Legal • Finance • Budget LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155, regarding the number of police officer positions budgeted, reducing the number of Police Commanders from five to four, and increasing the number of Assistant Police Chiefs from two to three; and providing an effective date. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed, regarding the number of police officer positions budgeted, reducing the number of Police Commanders from five to four, and increasing the number of Assistant Police Chiefs from two to three. Section 2. This ordinance takes effect the day following final City Council approval. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leaf 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 Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2412. ATTEST: Armando Chapa City Secretary Joe Adame Mayor 15 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: April 2, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb @cctexas.com; 826 -3729 Amending the Capital Improvement Budget Appropriation of Funds for American Bank Center Loading Dock CAPTION: A. Ordinance approving and appropriating the transfer of $75,000 from No. 1130 Arena Facility Fund to and appropriating in the No: 3274 Arena Type A CIP Fund for the preliminary investigation of the American Bank Center Loading Dock; amending the FY 2011 - 2012 Operating Budget, adopted by Ordinance No. 029155 by increasing expenditures by $75,000. B. Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add Project No. E12016 American Bank Center Loading Dock; increasing expenditures in the amount of $75,000. To amend the Capital Improvement Budget to add a project and to appropriate Type A Sales Tax Funds for the preliminary investigation of repairs necessary to correct the deficiencies of the American Bank Center Loading Dock. BACKGROUND AND FINDINGS: The American Bank Center is constructed on foundation piers while the loading dock for the center is not. Due to ground settling of the loading dock, there is a shift deferential of approximately eight (8) inches between the center and the loading dock. This is affecting the integrity of the dock and makes loading and unloading extremely cumbersome. City staff is requesting a preliminary budget of $75,000 to hire LNV Engineering and Kleinfelder Testing to begin an investigation of the situation and develop a repair methodology and preliminary cost estimates to correct the deficiency. The report should take approximately 75 days to complete and staff will come back to the Type A board in approximately 90 days to with the results and a recommendation for repair of the American Bank Center Loading Dock. ALTERNATIVES: Not repairing the dock could result in further loading dock settlement and inefficient cargo handling. —173— OTHER CONSIDERATIONS: City staff presented this item to the Corpus Christi Business and Job Development Corporation at their March 19, 2012 meeting. This item secured the Board's approval prior to City Council approval and appropriation of funds. CONFORMITY TO CITY POLICY: This item conforms to City Policy for amending the Capital Improvement Budget and Type A Board approval and appropriation of funds. EMERGENCY /NON- EMERGENCY: Non Emergency. DEPARTMENTAL CLEARANCES: Legal Department Office of Management and Budget Finance Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 75,000 75,000 Encumbered 1 Expended Amount This item 75,000 75,000 0 BALANCE 0 Fund(s): Type A Sales Tax Comments:. At this time, staff is requesting $755,000 to begin preliminary investigation of the project. There will be a future request for funding to design and construct the repairs as recommended in the report. RECOMMENDATION: Approval of the item as presented. LIST OF SUPPORTING DOCUMENTS: Ordinances (2) Project Location Map File : \ Mproject \councilexhibits \exhE12016.dwg AMERICAN BANK CENTER- LOADING DOCK clrr COUNCIL EXHIBI CRY DEP PAGE: 1 of 1 T OF CORPUS CHRISM TEXAS ARIMENT OF ENGINEERING MIMES _ -175- A Page 1 of 2 Ordinance approving and appropriating the transfer of $75,000 from No. 1130 Arena Facility Fund to and appropriating in the No. 3274 Arena Type A CIP Fund for the preliminary investigation of the American Bank Center Loading Dock; amending the FY 2011 - 2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $75,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $75,000 from No. 1130 Arena Facility Fund is transferred to and appropriated in the No. 3274 Arena Type A GIP Fund for the preliminary investigation of the American Bank Center Loading Dock. Section 2. The FY 2011 - 2012 Operating Budget adopted by Ordinance No. 029155 is amended to increase expenditures by $75,000. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: 06- Apr -12 By Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor 041712 ORD App $75k info No. 3274 Arena Type A CIP Fund for Loading Dock Prelim Investigation v.2 -1 7 6- Page 2 of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to legal form: 06-Apr-12 By: Veronica Ocanas Assistant City Attorney for City Attorney 041712 ORD App 375k Into No. 3274 Arena Type A CIP Fund for Loading Dock Prelim Inveallgallon v.2 —177— Page 1 of 2 Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add Project No. E12016 American Bank Center Loading Dock; increasing revenues and expenditures in the amount of $75,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is amended to add Project No. E12016 American Bank Center Loading Dock Project. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is amended to increase revenues and expenditures in the amount of $75,000 each. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: 03 -Aer1 2 By: Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor 041712 ORD Amending FY 2012 Cap Imprvmt Budget to add ABC Loading Dock —178— Page 2 of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to legal form: 03- Apr -12 By: Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor 041712 ORD Amending FY 2012 Cap Imprvmt Budget to add ABC Loading Dock —179— 16 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: 3/12/2012 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director, Department of Development Services markw @cctexas.com (361) 826 -3246 PUBLIC HEARING -- CHANGE OF ZONING Juan G. Romero (Case No. 0212 -05) Change from "FR" Farm -Rural District to "RS -6" Single - Family 6 District Property Address: 7614 Slough Road CAPTION: PUBLIC HEARING — ZONING Case No. 0212 -05: Juan G. Romero: The applicant is requesting a change of zoning from the "FR" Farm - Rural District to a "RS -6" Single- Family 6 District, not resulting in a change of the future land use. The property to be rezoned is a 0.213 acre out of the southwest 3 acres out of Lot 27, Section 26, Flour Bluff & Encinal Farm and Garden Tract, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26). Planning Commission's and Staffs Recommendation (February 29. 2012): Approval of the rezoning to the "RS -6" Single - Family 6 District. BACKGROUND AND FINDINGS: • The applicant has requested the change of zoning to an "RS -6" Single - Family 6 District in order to plat the property. The current "F -R" Farm -Rural District requires a minimum lot size of 5 acres. The current size of the subject property is 9,278 square feet or 0.213 acre which is less than the minimum lot size required in the "F -R" District. • The property owner purchased the property from HUD through a foreclosure. The property is currently sharing the water with the adjacent property and has a septic system. In order for the property to have its own utility connections, the property must be platted. The rezoning will allow the property owner to plat the property and connect to public water and wastewater which are located along Slough Road. ALTERNATIVES: Denial of the requested change of zoning to the "RS -6" Single - Family 6 District. OTHER CONSIDERATIONS: N/A City Council Executive Summary Memorandum Juan G. Romero (Case No. 0212 -05) Page 2 CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property for low density residential uses. The proposed change in zoning is consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southside ADP both encourage residential development. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: N/A Fiscal Year: 201 1 -2012 Line Item Budget Encumbered / Expended Amount This item BALANCE Fund (s) : Comments: None Project to Date Expenditures (CIP only) Current Year Future Years TOTALS RECOMMENDATION: Planning Commission's and Staffs Recommendation (February 29, 20121: Approval of the rezoning to the "RS -6" Single - Family 6 District. LIST OF SUPPORTING DOCUMENTS: Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Toby Futrell, Interim Assistant City Manager C:\DDCUMENTSAND SETTINGSIMARYJ .CCP01NAPPLICATION DAT A\ L51TEMP14CDFEF25- FED6- 4BC5- 8BA1- 5A408F0379DE.DOC -184- ZONING REPORT Case No.: 0212 -05 HTE No. 12- 10000010 Planning Commission Hearing Date: February 29, 2012 Applicant/Owner: Juan G. Romero 1:3' Representative: Juan G. Romero a . Legal Description/Location: Flour Bluff & Encinal Farm and Garden Tract, Section 26, 0.213 ,� acre out of southwest 3 acres out of Lot 27, east of Rodd Field Road (County Road 9) and north of A Slough Road (County Road 26). •a a From: "FR" Farm Rural District To: "RS -6" Single- Family 6 District Area: 0.213 Acre Purpose of Request: To allow the property owner to plat the property. Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Low Density Residential Low Density Residential North "RS -6" Single - Family 6 Low Density Residential Low Density Residential South "RS -4.5" Single - Family 4.5 Low Density Residential Low Density Residential East "RS -6" Single - Family 6 Low Density Residential Low Density Residential West "RS -6" Single - Family 6 Low Density Residential Low Density Residential Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for low density residential uses. The proposed change in zoning to the "RS- 6" Single - Family 6 District is consistent with the Southside ADP and the adopted Future Land Use Map. Map No.: 041,030 Zoning Violations: None Staffs Sunuriary: • Requested Zoning: The purpose of the requested "RS -6" Single- Family 6 District is to allow for property owner to plat the property in order to connect to public water and wastewater. • Transportation and Circulation: The subject property fronts upon Slough Road, a collector street. The nearest intersection is Rodd Field Road, an arterial street. Street R.O.W. Street Existing R.Q.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. Plan Type Traffic Volume 2007 Slough Rd. 60' R.O.W., 40' paved 60' R.O.W., 40' paved Collector N/A Rodd Field Rd. 130' R.O.W., 79' paved . 130' R.O.W., 79' paved Arterial N/A • Relationship to Smart Growth: The proposed change of zoning will allow an increased capability of constructing homes. Existing infrastructure will be utilized and the proposed change of zoning would have minimal to no impact regarding smart growth. The proposed change of zoning is consistent with future land use. —185— Zoning Report Case #: 0212-05, Juan G. Romero Page 2 • Comprehensive Plan & Southside Area Development Plan Consistency: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property for low density residential uses. The proposed change in zoning is consistent with the adopted Future Land Use Map of the Comprehensive Plan, The Comprehensive Plan and Southside ADP both encourage residential development. Plat Status: Subject property is not platted. Department Comments: • The applicant has requested the change of zoning to an "RS -6" Single - Family 6 District in order to plat the property. • The current "F -R" Farm Rural District requires a minimum lot size of 5 acres. The current size of the subject property is 9,278 square feet or 0.213 acre which is less than the minimum Iot size required in the "F -R" District. • The property owner purchased the property from HUD through a foreclosure. The property is currently sharing the water with the adjacent property and has a septic system. In order for the property to have its own utility connections, the property must be platted. The rezoning will allow the property owner to plat the property and connect to public water and wastewater which are located along Slough Road. The requested "RS -6" District is consistent with the adopted area development. The district will permit the owner to plat the property and connect to public water and wastewater and eliminate a septic system in the area. Staff Recommendation: Approval of the change of zoning to the "RS -6" Single- Family 6 District. Planning Commission Recommendation: Pending el • g • s Co P4 Number of Notices Mailed Total — 19 within 200' notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition -- 0 (inside notification area); 0 (outside notification area) For 0.0% As of February 22, 2012 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership Map K:( LEGAL ISHAREDILEGAL- DEV.SVCS\?OI2 AGENDA & NONAGENDALO12 AGENZAIT�1LSS10212-05, !DAN ROMIERO 02I3-Q5, JUAN ROMERO, ZONING REPORT (PR TO RS- 6).DOC O U. kfitFR 30 � CJ Y2 4 *W rs � zo � Q 1i Qom_ �o It • 414N T FR BOO eet <5/2012 Prepared By�yga Department of Development a rc CASE: 0212 -05 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM-2 Multifamily 2 RM-3 Multifamily O N Professional Wks RM-AT Multfemlly AT CN -1 Neighborhood Commercial CN-2 Neighborhood Commercial CR -t Resort Commercial CR-2 Resort Commercial CG -1 General Commercial CG4 General Commercial CI Intensive Commercial CBD Downtown Commercial CR-3 Resort Commercial FR, Farm Rural H HIstartc Overlay BP Business Park IL Light. industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS-6 SIngia-Family 6 R04.5 5ingle -Femily4.5 RS TF Two-Family RS -15 Single - Family 15 RE Residential Estate RS TH Townhouse SP Special Permit RV Recreational Vehicle Perk RMH Manufactured Home Subject Froperty Owners wu 200' buffer mfavor 4 Owners vallan 200' listed on V Owners attached ownership teals A In oppnsdion SUBJECT PROPERTY Cayo Der Dse Cft — oSp 1' _.,.T.ON MAP --1 87- Ordinance amending the Unified Development Code (UDC), upon application by Juan G. Romero, Owner, by changing the UDC zoning map in reference to 0.213 acre out of the southwest 3 acres out of Lot 27, Section 26, Flour Bluff & Encinal Farm and Garden Tract, from the "FR" Farm Rural District to the "RS -6" Single Family 6 District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Juan G. Romero, Owner, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 29, 2012, during a meeting of the Planning Commission, and on Tuesday, April 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, 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 0.213 acre out of the southwest 3 acres out of Lot 27, Section 26, Flour Bluff and Encinal Farm and Garden Tract, from the "FR" Farm Rural District to the "RS -6" Single Family 6 District, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26), not resulting in a change of future land use (Zoning Map 041,030; Exhibit A - "Planning Commission and Staff Recommendation "). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. Page 2 of 3 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. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This (day of , 2012. eborah Walther Assistant City Att For City Attorney K:I LegalSHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenrIMonto AGENDA ITEMS\0212 -05, Juan Romero103 -14-12, 0212- 05 Jaun Romero, FR to SF -6, Ordinance, PC -Staff Rec DRAF -189— Page 3 of 3 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K:1 LegaASHARED\LEGAL- DEV.SVCS12012 Agenda & NonArzliTOU AGENDA ITEMS10212 -05, Juan Romero103- 14.12, 0212- 05 Jaun Romero, FR to SF -6, Ordinance, PC -Staff Rec DRAF RS -6 SUBJECT PROPERTY FR RS -6 28 CASE: 0212 -05 Exhibit A Planning Commission's & Staffs Recommendation From: "FR" Farm Rural District To: "RS -6" Single - Family 6 District Ordinance No. SUBJECT PROPERTY eq. PoO.D Rqt/ City of Corpus Christi j —i 9 i- ^ N ^".Tro MAPS 17 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: 3/22/2012 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services /! EddieOa.cctexas.com 361 -826 -3234 FROM: Rudy Bentancourt, Interim CD Administrat RudyB©cctexas.com 361 -826 -3021 Public Hearing for the proposed FY2012 -2013 Consolidated Annual Action Plan regarding the Community Development Block Grant, Emergency Solutions Grant, and HOME Investment Partnerships Programs. City Council discussion and possible recommendations of projects. CAPTION: A. Public hearing regarding the City of Corpus Christi's proposed FY 2012 -2013 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships (HOME) Programs. B. Council discussion and possible recommendations on a list or projects / activities to be funded. BACKGROUND AND FINDINGS: The U.S. Department of Housing and Urban Development (HUD) regulation requires, as part of the approved process for the FY2008- FY2012 Consolidated Plan /Citizens Participation Plan, two (2) public hearings prior to the adoption of the FY2012 -2013 CAAP. An initial public hearing was held at Corpus Christi City Hall on December 13, 2011. The public hearing to be conducted on Tuesday, April 17, 2012 by the City of Corpus Christi's City Council will satisfy the requirement of the second hearing. The City of Corpus Christi will receive the following allocation from HUD. $2,592,315 — Community Development Block Grant (CDBG) —11% reduction from FY2011 -2012 $ 264,533 — Emergency Solutions Grant (ESG) — 78% increase from FY2011 -2012 $1,030,675 — HOME Investment Partnership Program (HOME) — 38% reduction from FY2011 -2012 An additional $500,000 generated from the Revolving Rehabilitation Loan Program (Program Income) and $300,000 generated from Program Income from Demolition Liens and Property Clearance will be made available to the CDBG Program for continued funding of those programs. Additionally funding in the amount of 3,279 recaptured from previously funded projects that were unspent have been made available to be t pgrammed to augment funding levels for the upcoming FY 2012 -2013 CDBG program allocations for a t di funding level of $4,005,594. -195- Since 1975, the City of Corpus Christi has received funding for its CDBG Programs in excess of 165.6 million, of which approximately $16.8 million has been income generated by various programs administered by the Neighborhood Services Department. The ESG Program will have an allocation amount of $264,533 for FY2012 -2013. The intent of the ESG Program funding is to provide funding to providers of Homeless services to defray the cost of operations and maintenance of local Emergency Shelters in addition to provide funding for rehabilitation, counseling, training and other essential Homeless prevention activities. The HOME Program will have an allocated amount of $1,030,675 as a funding level from entitlement funds to be received, with an additional $1,156,309 being made available for reprogramming from previously funded recaptured program funds, as well as $200,000 from Program Income from the Rehabilitation Program for an estimated available funding amount of $2,386,984 for the FY2012 -2013 Budget Year. A Public Hearing was conducted on December 13, 2011 at Corpus Christi City Hall. Additionally, the Community Development Division of Neighborhood Services Department conducted three (3) Technical Assistance Workshops for potential applicants. The City of Corpus Christi meeting scheduled for April 17, 2012, as part of their regular agenda, will conduct a Public Hearing on the proposed FY2012 -2013 CARP. At the conclusion of the Public Hearing, the City Council will have the opportunity to discuss and present recommendations on the list of proposed projects /activities of the FY2012 -2013 CAAP. Adoption of the FY2012 -2013 CARP will be presented at the next City Council meeting Scheduled for April 24, 2012. The FY2012 -2013 CAAP will be published on May 6, 2012. This will initiate a thirty (30) day comment period for citizens of Corpus Christi to review and provide comments prior to the submission of the FY2012 -2013 CARP to HUD on June 13, 2012. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Public Hearing is required per HUD Regulations. EMERGENCY 1 NON-EMERGENCY: This item is non - emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: At the conclusion of public hearing, the City Council, may at their discretion, discuss any and all recommendations and provide direction on the projects/activities to be funded under the FY2012 -2013 CAAP LIST OF SUPPORTING DOCUMENTS: Attachment "D" Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager ATTACHMENT "D" CITY OF CORPUS CHRISTI FY2012 ANNUAL ACTION PLAN RECOMMENDED FY2012 CDBG PROGRAM FY2012 CDBG Allocation Reprogrammed Funds Program Income from Demolition Liens and Property Clearance Program Income from Rehabilitation Program TOTAL FUNDS AVAILABLE FOR FY2012 CDBG PROGRAM $2,592,315 $613,279 $300,000 $500,000 $4 005,594 1 Consolidated Plan FY2013 -2017 The U. S. Department of Housing and Urban Development (HUD) requires each local jurisdiction to consolidate into a single submission the planning & applications for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG) Program, and HOME Investment Partnerships Program (HOME). In accordance with HUD regulations, the City is required to submit a new Consolidated Plan (Plan) for FY 2013 for a 5 year term. This includes both a planning document and an application for the CDBG, ESG, and HOME Programs that are developed to achieve the goals to principally assist with funds received under these programs and other HUD Programs that help to meet the housing and community development objectives. This project proposal will in essence fund the preparation needed with the assistance of a consultant to conduct a new Consolidated Plan FY2013 to FY2017. This will also include updating the Analysis of Impediments which outline Federal Laws, Policies and Compliant Laws, and Impediments of Fair Housing Choice and remedial activities to address impediments. Demolition Program This program consists of demolition of substandard structures determined to be health, safety and welfare issues that result in 51% or more deterioration of the general structure. The demolition of these structures is an abatement deemed necessary by the Building Code and Public Safety Officials. The removal of unsafe structures is a priority for neighborhood revitalization within the community and as a goal established by City Council for livable neighborhoods. Each structure will be assessed and surveyed as a substandard building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The substandard structures are demolished under the authority of a judge's ruling via Environmental Municipal Court and the Demolition Program that allows the property owner to voluntarily agree to have their structure demolished. CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is . responsible for administering the Community Development Block Grant (CDBG), Community Development Block Grant - Recovery (CDBG -R), the HOME investment Partnership (HOME), Emergency Solutions Grant (ESG) Programs, Continuum of Care (COC) and the Homeless Prevention and Rapid Rehousing Program (HPRP). Staff interprets CDBG, HOME, ESG, COC, HPRP and CDBG -R federal regulations, conducts public hearings /meetings, reviews propose projects and activities to determine funding, eligibility, monitors sub - recipients, provides technical assistance, conducts environmental assessments of funded projects /activities and enforces Davis -Bacon federal wage rate requirements. $60,000 $200,000 $420,027 $60,000 $200,000 $420,027 -198- u d 3 a3 •r_ k+ .= .. P ' E._' �'sC' ., ,x -. � y'�.e 3 'u . -'-''. � 4_+4 �� - 'Sh� ..f - rm - 5e .- s�'�'� F •�"� _. .tc X--,Y+ ' i d $}''. a? L qq $' i, w - '.••fi J' 'X -�rry� R' � -, f�. J' �.. � �3 ya'r f - 6 �y � �.- - .;.3�r+'` � '�— ^ aT t ° { 'a.., . 1 - rx.3 �'P"� - 4 `.?��!S�s.^su�,-i(!�` $323,296 ?Cl3a't. i. ' pia. aY rt _ . ' 3>i. C C =��' L^ l I I $323,296 . .. �S R _ s 44,---!' '•H ,�` �. a c'�F�,,j��L � � _?�`} ' .i+ �'+ `�Tr --T �;.YLrj"i- Code Enforcement Program The Code Enforcement request is to fund staffing for salaries to support 7.25 full time employees (FTE's): 5 -Code Enforcement Property Advisors (100 %); 1- Code Enforcement Property Advisor (50 %); 1- Zoning Project Coordinator (50%);1 - Senior Account Clerk/Administrative Support (100 %); 1- Zoning & Code Enforcement Administrator (25 %) In the of amount of $323,296.34 which includes a total of $7,250.00 (7.25 Staff members @ $1,000.00 = 7,250.00) far training through classes, seminars and/or conferences for education opportunities and for certifications required for code enforcement. The Property Advisors and Zoning Project Coordinators are responsible for the inspection of properties within CDBG eligible areas for violations of approximately seventy five (75) health, safety, and welfare related City Codes. These staff members coordinate violation abatement, City services and other programs to address specific needs to each property. Within the majority of the CDBG eligible areas, sustainability efforts are a . challenge and need continued monitoring and citizen compliance to be successful. These efforts support the City Council's objective of enhancing the City Council's objective of enhancing the City of Corpus Christi "Pride" initiative through revitalization and sustainability in all CDBG eligible neighborhoods. 5 • Mortgage Servicing Staff salaries and operational funding of our Mortgage Servicing section. Current salaries include one Senior Account Clerk and one Senior Staff Assistant that manage the servicing of all loans provided through the Single Family Rehabilitation Loan Program. Services include collection loan payments, escrowing of insurance and property taxes, paying of insurance and property taxes, providing Tax Form 1098, preparing end of year escrow analysis, daily posting of payments, and providing release of liens on loans that are paid off. $85,877 $85,877 6 Rehabilitation Services This is the operating budget for staff that service the various housing programs including staff salaries. Staff provides services for the Single Family Rehabilitation Loan Program, Emergency Home Repair Grant Program, $5,000 Homebuyer Assistance Program, Type A Affordable Housing Programs, and Nueces County Community Action Agency homebuyer programs. Staff services include Applicant In -Take, Loan Processing, Loan Settlement, Loan Closing, Loan Counseling, Homebuyer Educational Classes, developing project specifications, project management, and estimating project costs $792,115 $600,000 7 ADA Improvements in CDBG Areas This grant request addresses design and construction of approximately 4,600 linear feet of 5' wide sidewalk and 30 curb ramps along Water Street and portions of Shoreline Drive between Craig Street and Born Street . This area is included in the draft ADA Master Plan Phase 1, Package A. $400,000 $301,356 8 Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of accumulation of fitter and solid waste, the mowing of tall weeds and dangerous weeds and the abatement of unsightly and unsanitary matter in all CDBG eligible areas. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. $200,000 $200,000 - -_ 9 Residential Traffic Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The purpose of this request to allocate CDBG funds to bear the installation costs in qualified CDBG eligible tracts. Thus far, since the inception of the RTMP, residential neighborhoods in CDBG areas have not elected or been able to participate in the RTMP due to difficulty in the residents' share of the cost. This request will allow the entire speed hump in CDBG areas to be funded by the grant and therefore there will be no cost to residents at all $20,000 $10,000 —199— 7 i '�`P".E t'.. _ �:S . - ."iF' . - .e�'L �b i �Y 7 �' f ,�L. �') . +! Y ai' 33 ? rr !- , z{ �v ,%. 5v"r • •l 'c4`l „ry f • #�4 r ,..k..,-.,.-„. -' °^ j 'was '- �yy..1t}t - ..J. f �' _ t. ti Y -ii* ; ' i. yx ,'.y- s'ii � iv �' . SS "a' � �, Yf� 7 6'is„T Ef SF S bt L i S i �tSY +. 5 i`y'T gym' 3..� >..1d�$ ?".�'”' `s.S� ` -.� { 1:::,.,....P----- Aa 10 Ethel Eyerly Senior Center Restroom Expansion This project is to expand the Men's and Women's restrooms. The present exterior walls will be removed and new exterior walls constructed . The new wall will be adjacent to the front walkway. This will increase the square footage of the restrooms making room for an additional ADA Accessible stall in each restroom. Re- construction of the front entrance way canopies and shade structures will be required because they are tied into the current exterior walls and the moving of the waifs affect the structures. The new canopy to the Dining Room can be installed during "Phase 1" of the center renovation. The canopy over the front entrance doorway can not be installed during "Phase 1" because of exterior wall construction that will be part of "Phase 2 ". The new stalls plus the existing stalls will receive new stall partitions and doors were required. Also, this may require additional lighting, along with the need for additional Heating and Air Conditioning in this area of the building. The present front door is in poor condition and will be replaced with a new push pad automatic opening door system improve accessibility. - . . $188,895 . $188,895 11 Emergency Home Repair Grant Program Emergency repair grants up to $6,500 for repairs and up to $4,500 for lead based paint remedial activities required by the U.S. Department of Housing and Urban Development (HUD) regulations on houses built prior to 1978 . Work is limited to roof repairs, plumbing, electrical, heating, minor structural repairs, and lead based paint remedial activities. Lead based activities may include actual work or testing required to meet the lead based paint requirements. Assistance through this program is provided to very low income homeowners who are 65 years old or older or disabled. Requesting $520,000 to assist approximately 47 homeowners. $520,000 $300,000 12 . Single Family Rehabilitation Loan Program The Single Family Rehabilitation Loan Program benefits only low and very low income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide loans, demolition, relocation of homeowners - being assisted with the reconstruction of their homes, and to pay for lead base paint remedial activities in order to comply with HUD regulations. The funds provided for demolition, relocation, and lead base paint activities are provided as a grant to the homeowner. Requesting $700,000 to be used for loans, relocation, demolition, and lead based paint remedial activities, which may include work and testing. We estimate being able to assist 10 homeowners through the Demolition /Replacement Program and 5 homeowners through the Rehabilitation Loan Program. , $700,000 - $500,000 13 Youth Odyssey This is a partnership program between the City of Corpus Christi, Parks and Recreation Department and Youth Odyssey. It is an outdoor challenger program for youth between the age 10 and 16 . There would be (4) programs each lasting (6) weeks. The courses include outdoor team building, wilderness trips, rope challenges, and other activities designed to enhance the youth's leadership skills, decision making and self confidence. This program also includes elements of the program that includes parents and guardians of the children build working relationships and shared skills to form bonds. The program will serve 60 youth along with their families. $12,500 $12,500 14 Comprehensive Planning Assistance Comprehensive Planning includes Implementation of the Corpus Christi Integrated Community Sustainability Plan, Completion of the Downtown Redevelopment Plan and the beginning of the implementation phase of the plan. Continued planning assistance as necessary with the redevelopment of the City's Bayfront and Marina. Capital Improvement Planning (CIP), a major focus of the Planning Department, is to assist with the prioritization of CIP Projects and to assure that projects identified in the Comprehensive Plan are included in the CIP. Utility Master Plans over the next several years the Planning Department will be combining existing utility master plans into a coordinated overall utility plan for the City. Planning implementation for Corpus Christi Beach Development Plan will include capital improvements and enhancement projects. —2nn- $75,000 16 RTA Bus Stop Landing Pads & Accessible Routes In CDBG Areas Category 3 This project will construct 8 ADA compliant bus stop landing pads in CDBG Areas. The project will address the non - compliant issues of: 1) ADA ramps 2) Accessible routes & ADA compliant bus stop landing pads for 8 bus stops. This project would begin as soon as funds are available with the first task being design for ADA compliance of deficiencies. The second task would incorporate construction of the compliant facilities. This project will be matched 50/50 (CDBG /RTA) Ethel Eyerly Senior Center Expansion, Entrance & Office This project is to expand the area of the "Meeting Room ", the front office and relocate the storeroom to make better use of the building space. It will create a second office. This will allow making a receptionist office with a sign in window in the area of the current office. The current storerooms, along with additional square footage from the expansion, will allow the creation of a second office that will allow for a more secure work and record keeping area and a place where matters can be dealt with in privacy. The old small kitchen space, currently un- used, will be renovated and the doorway relocated to make a storage area roughly 40% larger than what is currently available. The Meeting Room will be expanded as a part of exterior wall relocation and will increase the size of the room to be nearly equal in size to the Dining Room area. With the relocation of the exterior walls on both the office side of the building and the restroom side, there is the opportunity to make an "Air Lock" entrance way into the building. This will help reduce the heat load on the interior of the building as people come and go from the building in the summer months and, help keep the building warmer during the winter months. Both the interior and exterior doors will be push pad automatic opening doors to allow for easier accessibility. There will be a need for renovation and improvement to the heating and air conditioning systems to meet the increased load of the enlarged center. There will also be improvements to the lighting and sound system in the halls and office areas. The construction of the wilt allow a new canopy system to be installed over the front doorway. Accessible Routes in CDBG Residential Areas Phase 3 This project involves providing accessible routes in CDBG residential areas which do not have sidewalks but heavy pedestrian traffic. The proposed area is between Horne Road, South Port Avenue, and Greenwood Drive the area will be surveyed and curb ramps as well as sidewalks where none exist will be designed and constructed. There is much need in this area and this grant request will not cover the entire area. The plan is to start in the Port Avenue area and work westward until the funds are deileted. $120,000 State School Improvements This project is to continue the development of the State School Property /Manual Q. Salinas Park area according to.the Master Plan that has been design for this area. No additional site planning will be required. There would be a ground level playground area, design to appeal to children of all abilities. It would be installed in the area near the "Miracle Field ". The surfacing under the play area would be a resilient rubber surface to allow easy access to all parts of the structures. This will be a•large play structure. This is in accordance with the Park Master Plan and a mover to Regional Parks with larger Play structures. There would be continuation of the trails and ramps in the park to bring people to the new play area and also connect to walking and exercise trait to the back of the park and to Airport Park, the neighborhood park that is adjacent to this park. This would make a looped trail. There is an estimated 3,200 linear feet of trail to complete as part of the Master plan for the State School property. $336,384 $200,000 $612,640 -201- 4 H. P. Garcia Accessibility • This project consist of access to the play area. This will require parking lot improvements with an access ramp, sidewalk modifications and stripping. Access improvements to the swimming pool is necessary and will include sidewalk removal and re- installation, ramping from the parking lot closest to the pool, and stripping of spaces to meet the requirements. Access to the covered pavilion will require the removal of the old sidewalks that have moved and cracked causing an impassable route . (Movement was caused by ground movement in the old landfill area) Installation of new sidewalks that are 5 feet wide leading to and around the pavilion. A new ramp up to the deck will be needed (along with removal of the old ramp) because the present ramp is only 16 feet long with a rise of 26 inches. The ramp and the pavilion will require handrails and guard railing to make sure persons do not fall from the deck area. Public sidewalk accessibility needs to be improved at the driveway entrance. The shape of the curb where the sidewalk crosses the driveway is not accessibility friendly. This requires cutting the sidewalk and the curb, removing and re- pouring a new concrete sidewalk that has a slope that blends into the driveway crossover. There is an estimated 2,315 feet of walkway to remove. Installation of 1,285 feet of 5 foot walkway to replace the old broken and uneven walkways and 300 feet of hand rail and guard railing. -202- at h 'rte - *.x',C - rte' 7;7 f ':�T x rJ'l Y.. Z .�, - _^.s'HxS Z• F . -k- -� c� A ys- f 3.'.}' p • Yt r ,A JZ3§'. ,.L .�r `6 .mow `t3Y3 .3s, �,�`Y -dR } } en ' � � � .G � � ,/Y i - 3 s .1.f,),..,6_,-. c.. = _, ` ' 4 �- am' 3�Zi �T Y u%'-'} `' .5•-} t h3r,�Fmi- r'•- i S` �''} 'F � 4 i-"" rS yrF = 'cs- '+TE'^ r3 ' 1 �''Z�`• _ ■i c ri y.' nC - .' �M C# -,..-4 -. � 6 � E iZr6 . 4.y � am .r c _�.au7w'�- 1 Mental Health Mental Retardation Center of Nueces County Remove and replace the old, damaged and energy inefficient windows for both floors (back side and left side, right side and back of building) to create a more energy efficient environment and also to replace the unsafe parking lot which has many potholes and unleveled surfaces (front left side and back side of building) at 1546 S. Brownlee. Capital Contribution $5,000 $280,000 $280,000 2 Mother Teresa Shelter, Inc. For the pavement of the Mother Teresa Shelter Courtyard providing conservancy and sanitation of this public homelessfacility. Paved area will facilitate the daily surface cleaning left behind by the abandonment of pets, eliminating potential human health hazards. Paving will also make accessible the areas in the courtyard where shelter clients gather. Capital Contribution $5,700 $57,000 $57,000 3 Amistad Community Health Center Amistad Community Health Center is requesting funding to renovate a portion of the first floor space of the center to accommodate 4 additional patient exam rooms for adult primary health care services. Amistad Community Health Center serves a primarily low - income, uninsured, and medically underserved population, and these additional exam rooms would allow Amistad to expand services to additional adult patients. Capital Contribution $0 $201,980 $201,980 4 Sea City Work Camp Approximately 20 homes occupied by low income elderly and/or disabled homeowners will benefit from re- roofing activities. CDBG funding will cover material costs. Labor will be provided by adults and youth volunteers Capital Contribution $0 $50,000 $50,000 5 Miracle League The League serves children with mental and /or physical disabilities. CDBG funds will be used to install fencing and ADA sidewalks at the Airport Road facility. Fencing and ADA sidewalks will increase safety and accessibility for participants and their families to and from sport fields, parking lot, and the Corpus Christi State Supported Living Center. Capital Contribution $2,000 $64,663 $64,663 6 Boys and Girls Club of Corpus Christi Complete Final Phase of Sports Complex. Funds will be used for the completion of two parking lots (north and south end of the complex), as well as cement work and driveways at the back of the main building. Clientele includes over 2,00 youth who participate in Club program each year. Capital Contribution $0 $150,000 $150,000 7 Coastal Bend Alcohol & Drug Rehabilitation Center d /bla/ Charlie's Place In order to ensure a safe and healthy environment in which our clients may pursue substance abuse treatment, Charlie's Place request funds to replace the old leaking roof on the two story portion of the center. Patched many times, the roof continues to leak and must now be replaced to prevent further damage to the building. The area is approximately 35,000 sq ft. Capital Contribution $1,000 $104,000 8 Nueces County Community ActionlWeatherizationlMinor Home Repair Approximately 27 homes occupied by very low income households will benefit from minor rehab and weatherization (energy efficiency) activities, including ADA improvements. Agency is leveraging Program with $632,627 DOF_/LIHEAP funds $80,000 9 Del Mar College /Business Resource Center Del Mar College, through the Business Resource Center, is requesting funds to provide small business counseling & training assistance targeted to job creation /retention opportunities for low /moderate income (LMI) & Section 3 persons/businesses. Outreach /marketing efforts to better reach LMI'S. Capital Contribution $999,729 $243,000 -203- 6 Coastal Bend Center for Independent Living The project shall provide low income city wide citizens with barrier removal to include building wheelchair ramps and home modifications for individuals with disabilities for owner occupied properties to include door widening, grab bars, welk- in showers and related accessible modifications. Capital Contribution $0 Mary McLeod Bethune Day Nursery, inc. The proposed project for Bethune Day Nursery is to improve the exterior finishes of main building including cleaning and patching walls surfaces, recoating stucco and doors, replacing one exterior door and glazing in five exterior doors to improve security. Capital Contribution $ 2,000 Wesley Community Center The Children's Cafeteria and Food Pantry areas are in need of new flooring. The current floors are very old linoleum that are tearing and causing trip hazards for elderly clients and young children Capital Contribution $0 Total Non - Profit -204- c "Z 1-.- S - ', -d4 �"'E€" - I _e}yty F+ ` F .. - -,ityF.S' _ �Y'it rc J-^'# `2a_+ ira $150,000 r 1 - �7 ��+'.- F^?'G,Y-%..i:3�Y A I Z-1:1_1 ,.L .3. �.p i €, r A �„ .P .lA %.."i�1g'Sx3'- Ti'=c`wa ;mow, .1� -! �.- F'" six� -v` � e"s''- i xk --s.� ... 3+' .,1 -, ;'jr Corpus Christi Hope House Rehabilitation of existing garage to a multi - bedroom facility with 4 bedrooms, 2 bathrooms, a common kitchen and living area. The facility will provide housing for four homeless mothers and their dependent children (8 to 12 Clients) REASON: Ineligible to use CDBG funding for new construction housing Moody Park Accessibility and Route to School This project is to provide accessibility to the park and provide an accessible route for the persons going to school to crossover from Blackjack St to Castenon St by way of the park. The present walkway in the park are in such poor condition as to make them unpassible. This will require the removal of an estimated 1,110 linear foot of old walkway. New walkways will be installed. There is a need for 875 linear feet of 5 foot wide walkways. Also, there will be a need for curbside accessibility ramps on both the Blackjack and the Castenon sides of the park. The new walkways would also connect to the basketball court and to the play equipment area which currently do not have walkways leading to them. REASON: Due to Census 2010 information, project does not lie in a CDBG Eligible Area $116,463 Southmoreland Addition Area Street Improvements Part 4 This project is a neighborhood improvement project. This low income residential area is in great need of street improvements and pedestrian amenities which are non- existent. This project will provide accessibility, underground storm water drainage, and upgraded utilities as well as improve the quality of life for the residents. This project consists of construction of a 28 foot back to back street pavement , curb, gutter, sidewalk, ADA requirements, driveways, underground drainage and utilities for Phase 3B & 4B . Part 4 is the fourth portion of the project to be constructed. Part 1 has been constructed and Part 2 is being constructed currently. REASON: Due to Census 2010 information, project does not lie in a CDBG Eligible Area - $539,300 4 Southmoreland Addition Area Street Improvements 3B-4B - Part 5 This project is a neighborhood improvement project. This low income residential area is in great need of street improvements and pedestrian amenities which are non - existent. This project will provide accessibility, underground storm water drainage, and upgraded utilities as well as improve the quality of life for the residents. This project consist of construction of a 28 foot back to back street pavement, curb, gutter, sidewalk, ADA requirements, driveways, underground drainage and utilities for Phase 3B & 4B. Part 5 is the final portion of the project to be constructed. Part 1 and 2 has been constructed and Part 3 is being currently constructed. REASON: Due to Census 2010 Information, project does not lie in a CDBG Eligible Area $657,100 TOTAL INELIGIBLE $1,462,863 . -205- R RECOMMENDED FY2012 ESG PROGRAM FY2012 Emergency Solutions Grant Allocation ATTACHMENT "D" 26A der ' ,, -tV . , ^'k•Y�;.'!r"' GA`�� j :: _- _..."ss.'r`,�s J1'ei ve.` : �.8 ?_yi.,� . - '- �h 9ar1 ; ' °° ' C fec7 .F_F.A . ,� #� aC gl a nn 1 Corpus Christi Metro Ministries Funding requested for the ESG Activity Components of Emergency Shelter - Essential Services and Shelter Operations; Homeless Prevention -Case Management and short- and medium term rental assistance; and Rapid Re- housing -Case Management and short - and medium term assistance $150,000 $60,000 2 The Salvation Army Funding requested for the ESG Activity Components of Emergency Shelter- Essential Services and Shelter Operations; Homeless Prevention -Case Management and short- and medium term rental assistance; and Rapid Re- housing -Case Management and short- and medium term assistance $70,000 $56,694 3 Catholic Charities of Corpus Christi Funding requested for the ESG Activity Component of Homeless Prevention -Case Management and short- and medium -term rental assistance $25,000 $20,000 4 City of Corpus Christi - ESG Administrative Cost Administrative cost is being requested in essence to offset cost for the participation in the Homeless Management Information System (HMIS). HMIS is a Mandated database for those agencies receiving ESG Emergency Shelter Grant Program, Homeless Prevention & Rapid Re- Housing Program and Continuum of Care Grant Program Funds $19,839 $19,839 5 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Funding requested for the ESG Activity Component of Emergency Shelter- Essential Services and Shelter Operations $36,000 $15,000 6 Corpus Christi Hope House Funding requested for the ESG Activity Components of Emergency Shelter - Essential Services and Shelter Operations; Homeless Prevention -Case Management and short- and medium term rental assistance; and Rapid Re- housing -Case Management and short- and medium term assistance $23,000 $15,000 7 Recovery Contacts, Inc, Funding requested for the ESG Activity Component of Emergency Shelter - Essential Services and Shelter Operations $47,468 $15,000 8 Wesley Community Center Funding requested for the ESG Activity Component of Emergency Shelter - Essential Services and Shelter Operations $25,000 $15,000 9 Women's Shelter of South Texas Funding requested for the ESG Activity Components of Emergency Shelter - Essential Services and Shelter Operations; Homeless Prevention -Case Management and short- and medium term rental assistance; and Rapid Re- housing -Case Management and short- and medium term assistance $30,000 $15,000 -206 - 1 Mary McLeod Bethune Day Nursery, Inc. 10 Funding requested for the ESG Activity Component of Emergency Shelter- Essential Services and Shelter Operations $25,000 $13,000 11 South Texas Substance Abuse Recovery Services, inc. (STSARS) Funding requested for the ESG Activity Component of Homeless Prevention -Case Management and short- and medium -term rental assistance $30,000 $10,000 12 Timon's Ministries Funding requested for the ESG Activity Component of Emergency Shelter- Essential Services and Shelter Operations $16,980 $10,000 Total $498,287 $264;533 so * All ESG funding must be matched at 100% —207 - 2 RECOMMENDED FY2012 HOME PROGRAM FY2012 HOME Allocation Program Income Reprogrammed Funds TOTAL FUNDS AVAILABLE FOR FY2012 HOME PROGRAM ATTACHMENT "D" $1,030,675 $200,000 $1,156,309 $2,386,984 1 1 1 Homebuyer Assistance Program ($5,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the purchase of a home. Home Administration/Technical Assistance Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contraoting, recordkeeping /reporting and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, non - profits, owners /investors of rental property and other organizations that may participate in the program. May include administrative funds for direct operating support for the CHDO's. Major Rehabilitation Provide loans to low income homeowners to assist them with major rehabilitation of their homes. INTERDEPARTMENT TOTAL t $50,000 $102,913 $50,000 $102,913 ecop ,ion'' The Palms at Leopard This project will be a new construction of 120 unit multifamily development on +1- 8.23 acres. The development will be financed primarily through LIHTC funding, with private debt and HOME funds through the City of Corpus Christi. While the development will be open to families at 30 %, 50 %, and 60% of Area Median Income it is anticipated that this development will replace North side Manor, which has become a substandard property for the residents of that development Wesley Community Center Plans to renovate the former convent area of our facility as permanent housing for homeless women with young children moving from transitional and emergency shelters. Total Project Cost - $300,000 Palm Gardens This project will consist of a 126 Multifamily apartment complex targeted to tenants at 30 %,50 %,and 60% Area Median Income. HOME funds will be leveraged with Tax Credits Administered by TDHCA. Total Project Cost - $15,565,776 Lulac Hacienda The Reconstruction of 60 apartments serving low- income senior citizens. The development will be financed primarily through LIHTC funding, with private debt and HOME funds through the City of Corpus Christi. LULAC HACIENDA will serve residents at 30 %, 50 %, 60% of Area Median income. Total Project Cost - $10,075,613 Lexington Manor Apartments The reconstruction of 153 apartments (52 as Section 8) serving low-income families, seniors, and individuals . The development will be financed primarily through LIHTC funding with private debt and HOME funds through the City Corpus Christi, Lexington Manor will serve residents 30 %, 50 %, and 60% Area Median Income Tenants. Total Project Cost - $19,650,875 Nueces County Community Action Agency - NCCAA AcquistionlRehab of Rental Units To acquire and renovate existing rental units or construct new rental units for low to moderate income households. All units will be ADA accessible. Total Project Cost - TBD $500,000 $652,913 i A e $500,000 $652,913 $865,000 $150,000 $248,000 $120,000 $306,000 $300,000 —208- 1 CHDO Total 15% of Allocation $154,601 SubrecipientslOther Entity Total Total Set -Aside to be determined August 1, 2012 HOME Subrecipient Agencies who submitted for HOME FY2012 funding will be awarded funding no later than August 1, 2012 after determination of which agencies received Housing Tax Credits from the Texas Department of Housing and Community Affairs' —209- 2 18 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: 4/24/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb @cctexas.com CAPTION: Lease Purchase of five (5) Dump Trucks RECOMMENDATION: Motion approving the lease purchase of five (5) dump trucks from Rush Truck Centers of Texas LP, Houston, Texas for a total amount of $897,500.00 of which $65,085.77 is required for the remainder of FY 2011-2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units are replacement to the fleet and will be used by the Wastewater Department. Financing for the lease purchase of the vehicles will be provided through the City's lease /purchase financing program. BACKGROUND AND FINDINGS: The five (5) dump trucks will be used by the Wastewater Department to haul biosolids to the landfill on a daily basis. This is part of the final treatment process required by the wastewater treatment plants to meet TCEQ and EPA permit requirements. The dump trucks will be equipped to operate on compressed natural gas (CNG). These units will replace five diesel operated dump trucks currently in the fleet. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Funds in the amount of $50,000 from the Gas Grants Fund No. 1053 will be used to pay down the note. The remaining $847,500 will be financed over a sixty -month period with an estimated interest rate of 2.62 %. The actual interest rate will be determined after acceptance of the dump trucks. The estimated annual payment is $181,029.24. Total estimated cost over the sixty -month period, including principal of $847,500 and interest of $57,646.20, is $905,146.20. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $124,791.66 $890,060.43 $1,014,852.09 Encumbered Expended Amount 0.00 0.00 0.00 This item $65,085.77 $890,060.43 $955,146.20 BALANCE _ _ $59,705.89 0.00 $59,705.89 Fund(s): Wastewater Fund 4200 ($15,085.77) and Gas Grants Fund 1053 ($50,000) Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: GABRIEL MALDONADO DATE: APRIL 24, 2012 BUYBOARD CONTRACT #358 -10 DUMP TRUCKS PRICE SHEET Rush Truck Centers of Texas LP Houston, Texas ITEM DESCRIPTION QTY UNIT UNIT EXTENDED PRICE PRICE 1 Peterbilt 365 Cab /Chassis with 12 -15 cu. yd. Sludge Service Dump Body and CNG Engine/ Fuel System. TOTAL EACH $179,500.00 $897,500.00 $897,500.00 19 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: 4/24/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera Assistant Director of Financial Services mikeb{ccctexas.com Series III Tractor /Loader /Backhoe CAPTION: Motion approving the purchase of one (1) Series 111 tractor /loader /backhoe from Nueces Power Equipment, of Corpus Christi, Texas for a total amount of $67,140.85. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The equipment will be used by the Gas Department. Funds are available in FY 2011 -2012 Capital Outlay Budget of the Maintenance Service Fund. BACKGROUND AND FINDINGS: This equipment will be used by the Gas Department in day -to -day operations. The equipment is a replacement in the Gas Department's fleet. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statues regulating procurement. EMERGENCY 1 NON-EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Gas Department General Services Department —219— FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $4,542,792.71 $0.00 $4,542,792.71 Encumbered / Expended Amount 2,532,625.69 0.00 2,532,625.69 This item 67,140.85 0.00 67,140.85 BALANCE $1,943,026.17 0.00 $1,943,026.17 Maintenance Service F'un Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Veronica Ocanes, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager ITY OF CORPUS CHRISTI URCHASING DIVISION DYER: ELISA COVINGTON OUNCIL DATE: APRIL 24, 2012 'EM DESCRIPTION QTY UNIT NUECES POWER EQUIPMENT CORPUS CHRISTI, TEXAS PRICE SHEET COOPERATIVE PRICING - BUYBOARD & HGAC DOGGETT MACH NERY HOUSTON, TEXAS H &V EQUIPMENT CORPUS CHRISTI, TEXAS HOLT CAT IRVING, TEXAS Unit Price Extended Price Unit Price 1. Series III Tractor /LoaderlBackhoe with Extend -A -Hoe Award Total Each $67,140.85 $67, Extended Price Unit Price Extended Price Unit I Extended Price Price 140.85 $70,659.00 $70,659.00 $71,448.37 $71,448.37 $72,726.00 $72,726.00 $67,140.85 -221- $70,659.00 $71,448.37 $72,726.00 20 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: March 29, 2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floydsCa)_cctexas.com 361- 886 -2603 Approval to submit a grant application to the Automobile Burglary and Theft Prevention Authority CAPTION: Resolution authorizing the City Manager or designee to submit a grant application in the amount of $681,248 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 12 with a City cash match of $503,003, in -kind match of $14,019, and program income match of $8,541 for a total project cost of $1,206,811 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. BACKGROUND AND FINDINGS: The City of Corpus Christi is applying for Year 12 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through an annual $1 fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant; this has included a resurgence of the Operation HEAT program as well as other crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased by 69% from 1,515 to 467 in 2011. The grant provides funds for one Lieutenant to supervise the Unit, three sworn CCPD officers, and three civilians. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In -kind contributions in the amount of $14,019 include office supplies, copy machine, and office space. Cash contributions from program income will cover travel expenses. If the grant is approved in July, it will increase the number of sworn officers paid by the grant by one; the overall sworn strength of the Police Department will be increased from 451 to 452. The General Fund cash match is for three sworn officers who are funded and currently work in the auto theft and auto burglary bureau. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 20 plus years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. ALTERNATIVES: Not apply for the grant. OTHER CONSIDERATIONS: None. FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item - BALANCE unacs): COMMENTS: RECOMMENDATION: Approval to apply for the grant. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY 1 NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: • Finance LIST OF SUPPORTING DOCUMENTS: • Grant budget summary Page 1 of 2 Resolution authorizing the City Manager or designee to submit a grant application in the amount of $681,248 to the Automobile Burglary Theft Prevention Authority (ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 12 with a City cash match of $503,003, in -kind match of $14,019, and program income match of $8,541 for a total project cost of $1,206,811 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Be it resolved by the City Council of the City of Corpus. Christi, Texas: Section 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $681,248 to the Automobile Burglary Theft Prevention Authority ( ABTPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 12 with a City cash match of $503,003, in -kind match of $14,019, and program income match of $8,541 for a total project cost of $1,206,811, and to apply for, accept, reject, alter or terminate the grant. Section 2. In the event of the Toss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Automobile Theft Prevention Authority. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED March , 2012 Lisa Aguilar Assistant City Attorney For City Attorney Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas of ,2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 21 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: April 24, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 ' Gustavo Gonzalez, P. E., Director of Water Operation CY,. gustavogo@cctexas.com (361) 826 -1874 Execute Construction Contract O. N. Stevens Water Treatment Plant Caustic Feed and East PLC. Upgrades AGENDA CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Associated Construction Partners of Boerne, Texas in the amount of $381,190 for O. N. Stevens Water Treatment Plant Caustic Feed and East Program Logic Control (PLC) Upgrades. BACKGROUND AND FINDINGS: The proposed project is funded through FY 2011 -2012 Water Capital Budget & Capital Improvement Planning Guide. The contract has bid and City Council approval is required for construction to commence. The project consists of the installation of nine (9) owner - provided pumps; replacement of pump suction and discharge piping including valves, fittings, strainers and required piping supports; new caustic feed SCADA hardware, software, and appurtenances installed at the caustic feed area; demolition of old SCADA hardware located in the North Filter Building (No. 1); replacement of High Service Pump Building No. 1 PLC, High Service Pump Building No. 2 PLC, and upgrade of Wash Water Return PLC and appurtenances; in accordance with the plans, specifications, and contract documents. On February 29, 2012, the City received proposals from two (2) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Associated Construction Partners Boerne, Texas KST Electric Manor, Texas $381,190 $623,709 K:IENGINEERING DATAEXCHANGEIVELMAP IWATER4ONSWTP19605 FEED OPTIMIZATyQI Lr V ENGINEERING\CONSTRUCTION41 AGENDA ITEM MEMO.DOCX ALTERNATIVES: 1. Award the construction contract to complete O. N. Stevens Water Treatment Plant Caus and East PLC Improvements as anticipated by FY 2011 -2012 CIP (WA #7) as project is budget — staff recommendation. 2. Do not award construction contract. OTHER CONSIDERATIONS: The City's consultant, LNV Engineering, conducted a bid analysis of the two proposals submitted to tI City. The lowest bidder based on the Total Base Bid is Associated Construction Partners of Boerne, Texas Based on the information submitted for Special Provisions A -28, A -29, and A -30, Associated Construction Partners has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; FY 2010 -2011 Water Capital Improvement Planning (CIP) for design, and FY 2011 -2012 Water CIP for construction. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Water CIP Project to Date Expenditures (CIP only) $1,832,547 Current Year $551,200 $381,190 Future Years TOTALS $551,200 $1,832,547 $381,190 Comments: The project requires 180 calendar days, with anticipated completion approximately November 2012. Thus, CIP funding for this construction contract will only be required during Fiscal Year 2011 -2012. RECOMMENDATION: City staff and LNV Engineering recommend that the construction contract be awarded to Associated Construction Partners of Boerne, Texas in the amount of $381,190 for the O. N. Stevens Water Treatment Plant Caustic Feed and East PLC Upgrades. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager fC 1ENGINEERING DATAEXCHANGEIVEI NIAPIWATERIONSWTP15605 FEED OPTIMIZATIny ENGINEERINGICONSTRUCTJON11 AGENDA ITEM MEMO.DOCX PROJECT BUDGET 0. N. STEVENS WATER TREATMENT PLANT CAUSTIC FEED AND EAST PLC UPGRADES Project No. 8605 April 24, 2012 FUNDS AVAILABLE: Water CIP $551,200.00 FUNDS REQUIRED: Construction (Associated Construction Partners) Base Bid $381,190.00 Contingencies (10%) 38,120.00 Consultant Fees: Consultant Design (LNV Engineering) * 1,832,547.00 Construction Observation Services (Allowance) 13,340.00 Construction Materials Testing (Allowance) 7,625.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 10,485.00 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 13,340.00 Misc. (Printing, Advertising, etc.) 1,905.00 TOTAL $466,005.00 SHORT $85,195.00 * Consultant Design Contract in the amount of $1,832,547 was awarded on July 6, 2010 (Motion No. M2010-165), funding source CIP 2010 (CIP No. WA 02). Actual design for this construction contract package was $26,052 (7.0%). Bid and Construction Phase Services will be $21,200. -233- File : \ Mproject \councllexhibits \exh8605.dwg O.N. Stevens Water Treatment Plant Caustic Feed and East PLC Upgrades CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 I = 22 DATE: TO: AGENDA MEMORANDUM for the :City Council Meeting of April 24, 2012 3/29/2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb@cctexas.com; 826 -3729 Michael Morris, Director of Parks and Recreation `m'n michaelmo @cctexas.com; 826 -3464 Approval of Construction Contract: Corpus Christi Beach Promenade Northward Extension for the Base Bid CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with H2O Construction Services, Inc. of Corpus Christi, Texas in the amount of $403,272.00 for the Corpus Christi Beach Promenade Northward Extension for the Base Bid. PURPOSE: To award the construction contract for the Corpus Christi Beach Northward Extension for the Base Bid only to H2O Construction Services, Inc. of Corpus Christi, Texas. BACKGROUND AND FINDINGS: This project is a tourist area improvements project which consists of construction of approximately 41,000 SF of new 10' wide concrete sidewalk (Promenade), approximately 2,160 SF of elevated wood walkway, shade structures, benches, educational plaques, accessible beach mats, drinking fountains, landscaping and irrigation which includes planting various species of trees and shrubs and the placement of boulders. The Base Bid includes the promenade improvement consisting of approximately 41,000 SF of 10' wide concrete sidewalk (Promenade), 975 SF of accessible beach matting, educational signs, two drinking fountains, seven concrete benches, landscaping and irrigation, approximately 2,160 SF of elevated wood walkway and one elevated wood shade structure pavilion. Additive Alternate Al includes the addition of Landscape Boulders. Additive Alternate A2 includes seven shade structures and picnic tables along the sidewalk/promenade complete with concrete pads and the addition of two concrete pads at existing shade structure canopies. On February 29, 2012, the City received proposals from ten (10) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Base Bid Additive Alternate 1 (Al) Base Bid Additive Alternate 2 (A2) H2O Construction Services, Inc. Corpus Christi, TX $403,272.00 $16,100.00 $75,000.00 Barcom Commercial, Inc. Corpus Christi, TX $416,814.00 _ $24,637.00 $79,940.00 Sal -Con, Inc. Corpus Christi, TX $425,859.88 $11,542.28 _ $65,956.22 ALTERNATIVES: 1. Award Base Bid to H2O Construction Services, Inc. as recommended. 2. Award Base Bid plus Additive Alternate 1 to H2O Construction Services, Inc. 3. Award Base Bid plus Additive Alternate 2 to H2O Construction Services, Inc. 4. Award Base Bid plus Additive Alternate 1 & 2 to H2O Construction Services, Inc. OTHER CONSIDERATIONS: This project was approved by the voters in the November 2008 bond election to extend the Beach Promenade Boardwalk. This project will improve existing conditions on Corpus Christi Beach resulting in safer and more accessible areas. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; Bond Issue 2008; FY2011 -2012 EMERGENCY /NON- EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: C1P Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $121,800.00 $478,200.00 $0.00 $600,000.00 Encumbered / Expended Amount $121,800.00 $0.00 $121,800.00 This item $403,272.00 $403,272.00 BALANCE $74,928.00 Fund(s): Parks and Recreation Bond 2008 and Texas GLO grant. Comments: This project will be funded out of Parks and Recreation Bond 2008 proceeds and a grant from the Texas General Land Office. -238- RECOMMENDATION: City Staff recommend the contract be awarded to H2O Construction Services, Inc. of Corpus Christi, Texas, in the amount of $403,272.00 for the Base Bid only. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET CORPUS CHRISTI BEACH PROMENADE NORTHWARD EXTEN, Project No. 3393 April 24, 2012 FUNDS AVAILABLE: Parks and Recreation CIP (Bond 2008) Parks and Recreation Grant FUNDS REQUIRED: Construction (H20 Construction) 403,271 Contingencies (10 %) 40,327. Consultant Fees: Consultant (Wright Architects) * Materials Testing 61,925.0C. 8,065.44 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 11,089.98 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 14,114.52 Construction Inspection • 14,114.52 Finance Issuance 5,040.90 Misc. (Printing, Advertising, etc.) 2,016.36 TOTAL $ 559,965.92 ESTIMATED PROJECT BUDGET BALANCE $ 40,034.08 *Original Contract approved May 10, 2010 (Administrative Approval), Amendment No. 1 approved August 4, 2010.(Administrative Approval), Amendment No. 2 approved by Council Action April 12, 2011. —240— PROJECT BUDGET CORPUS CHRISTI BEACH PROMENADE NORTHWARD EXTENSION Project No. 3393 April 24, 2012 FUNDS AVAILABLE: Parks and Recreation CIP (Bond 2008) Parks and Recreation Grant FUNDS REQUIRED: Construction (H20 Construction) Contingencies (10 %) Consultant Fees: Consultant (Wright Architects) * Materials Testing Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) Construction Inspection Finance Issuance Misc. (Printing, Advertising, etc.) TOTAL ESTIMATED PROJECT BUDGET BALANCE a r .s •.. * Original Contract approved May 10, 2010 (Administrative Approval) --2 41 $ 500,000 $ 100,000 $ 600,000 403,272.00 40,327.20 61, 925.00 8,065.44 11,089.98 14,114.52 14,114.52 5,040.90 2,016.36 E' IA $ 559,965.92 40,034.08 File : 1MDroiectl cou cilexhibits\exh3393.dw, LOCATION MAP NOT TO SCALE PROJECT # 3393 EXTEND PROMENADE NORTHWARD ON CORPUS CHRISTI BEACH r CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIS 7, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: ! of 1 IOW MIIIP -- NM -242- 23 AGENDA MEMORANDUM DATE: April 24, 2012 TO: Ronald L. Olson, City Mena FROM: Gustavo Gonzalez, P.E. Director of Water Opera Gustav000(a7cctexas. cam 361 -826 -1874 Two year subscription for Envista software program CAPTION: Motion approving a two -year subscription agreement for the Envista Project Coordination software from Envista Corporation, Beverly, MA, based on sole source for the total amount of $ 96,000, to be used by the Utility Departments for the web -based infrastructure project coordination. Monies are available in the Water and Wastewater Department operating budgets for FY 2012. BACKGROUND and FINDINGS :. Envista software is used by utilities, municipalities and highway agencies to share construction and maintenance project information. The software displays projects graphically on an easy -to -use map of Corpus Christi, -using the Internet, identifying project location, project types, dates, and project conflicts. Project details can be e- mailed from Envista, and maps can be exported to public web sites, allowing residents to view and understand where construction / repairs are occuring around the city. Current clients of Envista include the cities of Baltimore, MD, Austin, TX, Colorado Springs, CO, Edmonton, AB, and London, England. Envista will allow the Utility Departments, Street and Engineering to communicate and coordinate more efficiently and effectively as they plan and execute their work. Envista provides visibility and real -time insight into street activities of all kinds, enabling proactive management of utility projects, public works, permitting, and traffic flow. It can help to optimize construction performance, reduce costs, increase safety and minimize environmental impact. Currently, services are provided on a month to month basis through July 2012. This agreement will commence on August 1, 2012 and run through July 2014. Envista software is considered a sole source as it is copyright protected software. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: This software has been under review and test over the past several months and has proven to be beneficial in . coordinating work throughout the City. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Water Department, Wastewater Dept. FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011.2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 503,984.93. 503,984.93 Encumbered / Expended Amount 331,518.43 331,518.43 This item 96,000.00 96,000.00 BALANCE 172,466.50 96,000.00 76,466.50 Fund(s): 4010- 30000- 530000 - $48,000 - Water 4200 - 33000- 530000 - $48,000 - Wastewater Comments: This contract will commence at the start of the new fiscal year, August 1, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager -246- 33000 1, o(oa 1. ooO -- 3c)000 -2"FF f 0. ILL-1 313,097.300 U 503,984.930 L1 817,082.230 si 485,269.320 L1 344, 350.430 L i 987,462.480 Llf O. [[ci=l t o; t moim: mokavoloo ENVISTA ORDER FORM Customer Information: Bill to: City of Corpus Christi 1201 Leopard Street Corpus Christ, TX 78401 Attn: Gus Gonzalez / M.P. Sudhakaran Billing Company Name: Envista Corporation Billing Contact Name: Steve Notary Billing e-mail address: steve.notaro @envista.com Ship to: ' ,e.'. City of Corpus Christi / 1201 Leopard Street Corpus Christi, TX 78401 . Attn: Gus Gonzalez 1 MP. Sudhakaran . ,i , Billing Phone: 347 --343 -6822 Billing Fax: 847 -756 -3865 Currency: US Dollars Terms and Conditions Contract Start Date: 4/1/2012 Contract End Datei: 7/31/2014 Billing Frequency: Annually — 2 Year Prepay Payment Method: Check Payment Terms: Net 30 Billing Method: Mail Products Envista Project Coordination System Envista Street Incidents Envista Citizens View Envista Special Events Envista Platinum Service Bundle Corpus Christi SE Incentive (Valid by 3123112) Total Subscription Based on 2 Year Prepay 811112 8/1/12 7/31/14 7/31/14 24 24 EZEINEZZECINII 8/1/12 8/1/12 7131114 7131114 24 24 $30,000 $5,000 $5,000 $7,500 $8,000 ($7,500) $48,000 $60,000 $10,000 $10,000 $15,000 $16,000 ($15,000) $96,000 Notes: 1) Per Council approval -the new order start date is initiated on 8/1/12. 2) Standard pricing is applicable for 1 (one) additional year while retaining yearly subscription terms. Page 1 of 2 —247— Purchase Order Information Is a purchase order (P.O.) required for the purchase or payment of the products on this order form? Please select: (customer to complete) ❑ No it Yes If yes, please provide the following information: PO Number: PO Amount: This Order Form is governed by and subject to the terms and conditions of Envista's standard Master Subscription Agreement which can be viewed at www,envista.com . By signing this Order Form, Customer agrees to such terms and conditions. Envista may reject this Order Form if: 1) The signatory below does not have the authority to bind the Customer to this Order Form and Master Subscription Agreement 2) Changes have been made to the Order Form by the Customer other than completion of the PO information or the signature block below, or . 3) The requested information is incomplete. Subscriptions are non - cancelable before their Order End Date. Customer. City of Corpus Christi Signature: Name (Please print): Title: Date: Page 2 of 2 _248_ ENVISTA Enterprise Right -of -Way Coordination Council Presentation April 17, 2012 Enterprise Right-of- Wav Coordination • To truly manage the public right-of-way smarter — that is, more proactively and cost efficiently — all the stakeholders must communicate and coordinate more effectively. tioftwoftsaim City of Corpus Chnsti • Implement last year as a pilot program • Cost $96,000 for a 2 year contract • System is operational • Monthly Coordination Meetings Background • Supports our efforts in Capital Improvements and has shown real benefits etchEM J.142 _,Lindlut filters, Grm.e. 9,,th Celplaa 0,11. 1,1,1,612 - s a W • - 1 , y 5onsalysalme, rewl,Man Dapliovlop ,26.0,243 3 Envista Enter rise ROW Coordination Suite Envista brings everyone together in a common map -based environment where conflicts can be identified and resolved in real time. • Coordination solutions delivered via the web • Enables proactive management of utility projects, public works, permitting, incidents, traffic, and events • Helps optimize street maintenance, reduce costs, and minimize utility work impact 1,4 irtr, inn rm tam IEWARTSNIX, W...117:111 inmIgn ▪ Ca, Desk e„▪ �pwm,o �mun� INNTIZ ,..u,: Yie em In Envista's Solution Provides multiple departments with collective awareness and dynamic, real-time control over all activities occurring in the public right-of-way (ROW) Engineering Problems Solved Envista ... • Eliminates time-consuming and error -prone manual coordination methods that use spreadsheets and emails • Helps identify and resolve conflicts before they impact schedules, budgets, and the public • Enables better control and management of moratoriums to reduce street cuts and public disruption • Reveals opportunities for planning and coordination that otherwise would be missed 145,51.4 How Do We Save Money? We: ntify and a vo id "the doubler" -duce the enICr2eflCV cut les pave - roads tke. dt.. cS,P,P.W *flz, WV.Ik ^ 17s&. 140- 044,101. troft. • 0 Owel, x- vsr • t.V. ,Eseklot C,p,1;St-ies 4 f f-1414 f f If -0,E, Ramlf MwatTau-. 4 40. .tn . . . . . . . . . . r4.1 1.14 44.44.41,4 ym-znenw h NAT.ke,146,1,4$3t0- FA, W." &am -01.42u 24 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: 3/23/2012 TO: FROM: Ronald L. Olson, City Manager Mark Van Vleck, Interim Director of Development Service MarkVV@cctexas.com (361) 826 -3246 Sanitary Sewer Line Construction and Reimbursement Agreement with Mostaghasi Enterprises, Inc., developer of Ranch Lake Unit 2 Subdivision CAPTION: Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Mostaghasi Enterprises, Inc., owner and developer of Ranch Lake Unit 2, located south of Yorktown Boulevard between the Schanen Ditch and Lake Superior Drive, for the extension of an 8 -inch collection line, including all related appurtenances. BACKGROUND AND FINDINGS: Mostaghasi Enterprises, Inc. is requesting a Sanitary Sewer Line Construction and Reimbursement Agreement for the platting and development of Ranch Lake Unit 2, as shown on the final plat (Exhibit B). The subdivision is located south of Yorktown Boulevard between the Schanen Ditch and Lake Superior Drive. The proposed improvements will provide adequate waste water to the proposed single- family residential development. A layout of existing and proposed improvements is included as Exhibit C., The developer has submitted an Application for Sanitary Sewer Collection Line Credit (Exhibit D), an Application for Sanitary Sewer Collection Line Reimbursement (Exhibit E) and supporting documentation in compliance with provisions of the Unified Development Code, Section 8.5.2. A total of 248 -feet of the proposed 8 -inch sanitary sewer line is off -site and eligible for reimbursement. The total installation cost of off -site improvements submitted by the developer for the 8 -inch Sanitary Sewer Collection Line is $45,151.70. A total of $7,777.52 shall be credited for the waste water acreage fee. The maximum developer reimbursement will be limited for such off -site extensions to 50% of the matherriatical product obtained by multiplying the off -site average pipe diameter in inches by the acreage or lot fee value of the property. Therefore, the maximum reimbursable amount will be $31,110.08. A detailed breakdown of the Engineer's cost estimate is included as Exhibit F. A collection line extension construction and reimbursement agreement must be approved by the City Council before the developer starts construction. The reimbursement only shall be made when monies are fully available in and appropriated from the Collection Line Trust Fund. At this time, there is no available money in the Collection Line Trust Fund. The order of reimbursement will be determined according to the date the collection main construction and reimbursement agreement is approved by the City Council. ALTERNATIVES: Denial of the Sanitary Sewer Line Construction and Reimbursement Agreement —251 — OTHER CONSIDERATIONS: Not applicable FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget (93,192.79) Encumbered / Expended Amount 0 This item (31,1 10.08) BALANCE (124,302.87) Fund(s): Comments: A collection line extension construction and reimbursement agreement must be approved by the City Council before the developer starts construction. The reimbursement only shall be made when monies are fully available in and appropriated from the Collection Line Trust Fund. At this time, there is no available money in the Collection Line Trust Fund. The order of reimbursement will be determined according to the date the collection main construction and reimbursement agreement is approved by the. City Council. CONFORMITY TO CITY POLICY: The owner and developer will be extending off -site wastewater to serve the proposed development and has requested reimbursement of qualified construction costs, as provide in the Unified Development Code. EMERGENCY / NON - EMERGENCY: Non- emergency DEPARTMENTAL CLEARANCES: Legal Finance RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A Location Map Exhibit B Final Plat Exhibit C Proposed Improvements Layout Exhibit D Application for Sanitary Sewer Line Credit Exhibit E Application for Sanitary Sewer Line Reimbursement Exhibit F Engineer's Cost Estimate Exhibit G Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Approvals: Deborah Brown, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Toby Futrell, Interim Assistant City Manager -252 -- 450 Feet RANCH LAKE UNIT 2 Dete:1 011 3120 11 RIC H:4 PLN-PIRISHAREC4GLS ProfeotslJennifer RtRANCH LAKE UNIT 2 a.mxd Prepared Ey: SRR Clly of Corpus Christi Development ServicesGIS ExHI9 3- eg g 84 Igo qm go ie -col 1 If 0 fps !s !i!i g gt eW " 6 W W 1! :11 nal Oil -- � G HS I �Y 8 str �II get 19b fig ,$ dg 8° # 8 N� s e ,ff€ 53i$Is E8A g eNi 181 laid ;Ili 183 !s 1 mqo Eita Eo E5 Og Jg gS la Q g4gi 2 2 �0 0 NE r4-n/ P21 11 i - e ;5 1 l; 2 X121 �� #'5" R g g € mill! 1 e a 2; 1 �� z a E M ¢ g z. glig n K 4 a o a V 58'15'14 E 27. 25' EA15TITG -' STREET RETURN L a / STREET AE111124 -CL YURKTOWN BLVD, S16'14'OB" E 691,62' NOtt FEPIA id14E Ai IEL 17.571 20' PUBLIC 9002 CLOSED aT CITY COUNCIL, 0(2 116 3 25..02 SF ----- 12. --- 12.61' Nip' 04' 52' W 66, 66' ❑S1l CREEK N1'43' 01'W 104, 55' 0p t+r. ..10600• ^"'=rte 4\i L--—%�-Y,\ `\ iia\tel `~ �:e�a `_�� 11 1 1 7.\__---_ 2 �}�' ti5` `m aAx�_-- --. __' : �� � \\ \~}_...- x '559°1 SF gN- - 4 _(,'I ,� `;�;``= ITg• --, �3 '/- 1SEL `~ �R _ ` ,Z.,•,__ ry 7� X24442 SF I Y'` 29922 SP A. i` ♦�' L^ 1 \ / B 1\���- \ 1 \33349 Sf1 117• \ ° y�� -� \ �_ `• • 1 `�. FEIN 1611E 'a' 432 `L -��� ..�-�� � N21' 07' 57' W` 1 Cay 4 72,_41• � _ wry.`` ❑S� CREEk '-6RA01CNF 115!•00°7 LINE OF a$0 USES AS APPR0VC6 BY THE MEM LANG DPFICE PURSUANT PCR 0 LETTER BATED AUGUST 26,1953 1E21* 556 116 978624, 616 0 30' 60' 120' SCALE, 1'= 60' PLAT OF RANCH LAKE UNIT 2, CONTINUED CORPUSf CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING FIRM NO. F-52, 3054 S. ALAMEDA ST, CORPUS CHRISTI, 712XAS 78404 EXHIBIT 0 PAGE 20(2 BATE PLUTTE3' 4123111 21(19. 1104 PLAIT-Sf2W13 05 PLATING MB 110' 10E09 • 312'X1 AE SHWA P1-112 SCALE. 1' • 60' SHEET 2 OF 2 N1 4� 97' W 50, 22' _ 4 6L1 1, OIN6•S LASE IV. 69, P. 197 i 193. N 5. X573.52' 39' W 329, 08' I6 ir 4 GO. 2. 007 96 IL R, 0 . 1915'39.34• 11.1066 00' 7.129.90' L.255. 67' 22.69• 14'4l•E 211-252 BY �2} G.99.27.00' 6.16 0B' T i 01' L•AS 61' 25'937' IR' 27. 01*14. 80' Q 26505' 565 52' L-7, BB' C19'6.36.34.31•9 ® 1-'50.47' 8.1092 05' 7-76 91' L1133, 56' 160415• l3' 44.2 CH9153.14' FEMA 704E 47 EL 16.951 ‘ u. i�a1. �.o tiaiiaiu' i c� ...... ..<. ,`-.=r a=...e.�.se..,.aQa....... ,..=.=rer=a_ MK nlnv es. _..._>>_.".3�= ..._ _�.. ..`�u1 eaarallP=== 4...se.u.=.�... F.._ insc Ix uinllm c E,e-a -.-__ ____ `v$-ee YGRK,T 3V BLVD, - l><.nlr0. oa.r 0.snw or..1NT! _ r1j- Sin, cn 10.17 . Sams .'-f==�i4� m �.��Aamv_====e___5.ev- ___ �ivii•rn. Inxn ri�S:_a=_____—---_-"_J�_-' " r-aa..___a as or 1�2 �eZT_ _ _ } i �- _ -• L y��Kai„mai• rr _1:77,71.7 _--_ _ 1 i4— •a1.' •"----".:711121111.1.; $IDE 6' lie 50 IP. "M 0 .0DTL0 T 1 _93Ee Ir,.c O-rii rrt r r4LO rt"nxvil �, n mmn i Iw u�al.n ..13.116 " eros .mm MC F+00 10 2+00 CISO CRECK - ` u.am w1 urmer veo- a Ml.irci y 'eaN "mvwlr ixnw ns .1-41.mar lio N a oc re in, o. 3+00 -----�II_4+Op 5+00 6+00 7-100 8+00 9400 eNS .r i4 L00 05'FI DY1XW 10+00 ..0111, ,K Ir�rls is ia117110 aI0M1 � .o 11+00 12 CO IRIS PR 0,1 A 4 PROP. R• PVC SMUG rloxe .i Inn %202. 8' PVC c0nr. Ile,'n i arV 1 0. 40 PROP. 0• PVC 00 e 0 4% CRyili_E - SANITARY SFVER f INF • o• 1RANCH I pas DR, 10Y0RKT0VN BLVD. EXHIBIT C ISLsv� mr@ 11 20 PVC SS BASS do WELSH ENGINEERING Ii WC511' IC. F-32. anal S. M/1e6i 29007 RMS. Spur 111101 IMPROVEMENTS TO RANC4 LAKE UNIT 2 CORPUS CHRISTI, NUECES CO., 70 SANITARY SERER AND RATER PLAN AND SANITARY SERER PROFILE wrt ,,,m or • APPLICATION FOR WASTE WATER CREDIT We, Mostaghasi Enterprises, Inc., 8026 Bar le Doc Dr., Corpus Christi, Texas 78414, owners and developers of proposed RANCH LAKE UNIT 2 subdivision, hereby apply for $7,777.52 credit towards the waste water acreage fee for the collection line Extension in conjunction with said subdivision as provided for by City Ordinance No. 17092. $45,151.70 is the construction cost, including 1Q' Engineering and Surveying, as shown by the cost supporting documents attached herewith. By: Hossein Mo -, asl, President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on .F4kr-2f LQ Hossein Mostaghasi, President. ti 4A0 MARY HOHMANN _b;. Notary Public ' STATE OF TEXAS '',' p' My Comm. Exp, 01 -30 -2012 , 201'1, by Notary Public land for the State of Texas EXHIBIT D -257— APPLICATION FOR WASTE WATER REIMBURSEMENT We, Mostaghasi Enterprises, Inc., 8026 Bar le Doc Dr., Corpus Christi, Texas 78414, owner and developer of proposed Ranch Lake Unit 2, Subdivision, hereby request reimbursement of $31,110.08 for the installation of the waste water collection line in conjunction with Ranch Lake Unit 2 Subdivision, as provided for by City Ordinance No. 17092. $45,151.70'the construction cost, including 10% Engineering and Surv.;ing, as shown by the cost supporting documents attached herewith. -to tr Hossein g asi, President (Date) THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on �r % 20 (1 , by Hossein Mostaghasi, President, of Mostaghasi Enterprises, Inc., a Texas Corporation, on behalf of the said corporation. Py � ''" vB MARY HOHMANN Notary Public STATE OF TEXAS dot ,,,, Mp Comm. Exp. 01- 30.2012 Notary Pub in and for Nueces County, Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Collection Line Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) EXHIBIT E —258— 8/30/2011 RANCH LAKE UNIT 2 - OFI °SITE WASTE WATER REIMBURSEMENT ITEM NO. ' ITEM CITY: UNIT UNIT PRICE • AMOUNT 1 Demo/Disposal of Concrete Welk 2000. ' SF • $3.90 $7,800.00 2 Replace Concrete Walk 2,1100 Sl= $5.25 _ $10,500,00 3 r PVC Pipe 248. LF $29.00 $7,182.00 4 FG Manhole 4' Diameter 1. EA $4,200.00 $4,200.00' 5 Trench Safely for Off -Site SS 248 ` LF $10.00 $2,480.00 I 6 Remove & Replace 6" Water line as Necessary for Off - Sits SS 50 LF $90.00 $4,500.00 7 Traffic ControltLane Closure&Skiewalk Closure - 1 LS $4,375.00 $4,375.00 SUBTOTAL. MAXIMUM AMOUNT REIMBURSEABLE Engineering and Surveying 10% $41,047.00 SUBTOTAL 34,104.70 345,151.70 Less Fee Value of Property -37,777.52 TOTAL $37,374.18 ITEM NO. ITEM 1 50% x FEE VALUE OF PROP x AVERAGE PIPE DIAM. 0.5 x 7,777,52 x 8 AMOUNT . $31,110,08 EXHIBIT F -259- SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 1 of 9 SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi "City ", a Texas Home -Rule Municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and Mostaghasi Enterprises, Inc. ( "Developer /Owner"), 8026 Bar le Doc Drive, Corpus Christi, Texas, 78414. WHEREAS, Developer /Owner in compliance with the Unified Development Code "UDC" has filed a plat approved by the Planning Commission on May 11, 2011 to develop a tract of land of approximately 5.093 acres called Ranoh.Lake Unit 2 "Development ", located south of Yorktown Boulevard between the Schanen Ditch and Lake Superior Drive, as shown in Exhibit A; WHEREAS, under the UDC, the Developer /Owner is responsible for construction of Sanitary Sewer Collection Line Extension "Collection Line Extension "; WHEREAS, under the UDC, the Developer /Owner is eligible for reimbursement of the Developer /Owner's costs for the construction of Collection Line Extension; WHEREAS, it is in the best interest of the City that Collection Line Extension be constructed to its ultimate capacity under the Master Plan; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, from the Collection Line Trust Fund as per the UDC, Section 8.5.2.E.(2)(d); and WHEREAS, Developer /Owner has submitted an application for reimbursement of the costs of installing the Collection Line Extension, as shown in Exhibit B; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer /Owner agree as follows: 1. REQUIRED CONSTRUCTION The Developer /Owner shall construct the Collection Line Extension, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. -260- SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 2 of 9 2. PLANS AND SPECIFICATIONS a. The Developer /Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Collection Line Extension, as shown in Exhibit C, with the following basic design: 1. Install 248 linear feet of 8 -inch PVC sanitary sewer collection line; 2, install one (1) 4 -foot diameter fiberglass manhole; 3. Remove and replace six-inch water line as necessary for off -site sanitary sewer line; b. The Collection Line Extension must begin at the southeast property line of Ranch Lake Unit 2 and extend 248 feet to an existing manhole located on the west side of Yorktown Boulevard. c. The plans and specifications must comply with City Standard Wastewater Detail Sheets and Standard Specifications. d. Before the Developer /Owner starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Collection Line Extension, Developer /Owner shall acquire and dedicate to the City the required additional utility easements "Easements ", if necessary for the completion of the Collection Line Extension. If any of the property needed for the Easements is owned by a third party and Developer /Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer /Owner shall pay to the City of Corpus Christi the pro -rata fees as required by the UDC for the area of the Collection Line Extension. The required acreage fees Developer /Owner is to pay to the City of Corpus Christi as required by the UDC for the area of the Collection Line Extension, will be credited to. 5. DEVELOPER /OWNER AWARD CONTRACT FOR IMPROVEMENTS. Developer /Owner shall award a contract and complete the Collection Line Extension, under the approved plans and specifications, by April 30, 2013. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. K:IDSVELOPMENT SERVICESIREIMBU1 SEMENT AGREEMENTS\RANCH LAKE UNIT2tRANCi}i LAKE UNIT 2- SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENT.DOCX -261- SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 3 of 4 . 8. DEFAULT. The following events shall constitute default: a. Developer /Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer /Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 60th calendar day after the date of approval by City Council. c. Developer /Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 90th calendar day after the date of approval by City Council. d, Developer /Owner's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer /Owner's contractor fails to complete construction of the project, under the approved plans and specifications, on or before April 30, 2013. f. Either the City or Developer /Owner otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this agreement, the non - defaulting party shall deliver notice of the default, In writing, to the defaulting party stating, in detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period ").to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. d. Should Developer /Owner fail to perform any obligation or duty of this agreement, the City shall give notice to Developer/Owner, at the address stated below, of the need to perform the obligation or duty, and should Developer /Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer /Owner by reducing the reimbursement amount due Developer /Owrter. e, In the event of an uncured default by the Developer /Owner, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. K:1I7EVELOPMENT SERVICESIREIMBURS EMENT AGREEMENTSIRANCH LAKE UNTr2\RANCH LAKE UNIT 2- SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENT.DOCX -262- SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 4 of 9 2. Refuse to record a related plat or Issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer /Owner under this agreement and charge the cost of such performance to Developer /Owner. Developer /Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer /Owner receives notice of the cost of performance. In the event that Developer /Owner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer /Owner has all its remedies at law or equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent effected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. if to the Developer /Owner: Mostaghasi Enterprises, Inc. 8026 Bar le Doc Drive Corpus Christi, Texas 78414 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. K:IDEVELOPMENT SERVICES \REIMBURSEMENT AGREEM1 NTSIRANCH LAKE UN[I21RANCH LAKE UNIT 2-SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENT.DOCX —263— SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page S of9 • 12. THIRD -PARTY BENEFICIARY. Developer /Owner's contracts with the professional engineer for the preparation of the plans and • specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer /Owner shall require Its contractor for the construction of the project, before beginning the work, to execute with Developer /Owner and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY. Developer /Owner shall fully warranty the workmanship of and function of the Sanitary Sewer Collection Line Extension and the construction of the Sanitary Sewer Collection Line Extension for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT. a. Subject to the appropriation of funds, the City will reimburse the Developer/Owner 50% of the mathematical product obtained by multiplying the off site average pipe diameter in inches by the acreage or lot fee value of the property, not to exceed' $31,110.08. See attached cost estimate Exhibit D. b. The City agrees to reimburse the Developer /Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer /Owner shall submit all required performance bonds and proof of required • insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City, as a result of an uncured default by the Developer /Owner, at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer /Owner for its costs that were legitimately incurred towards the completion of the improvements that have been Inspected and accepted by the City up to the time that there is an uncured default by the Developer /Owner. 16. INDEMNIFICATION. DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE K;UDEVELOPMENi SERVICESIREIMBURSEMFNT AGREEMENTS\KANCH LAKE t1NIT21RANCH LAKE UNIT 2- SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENT.DOCX -264- SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 6 of 9 FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE OWNER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WASTEWATER SERVICE TO RANCH LAKE UNIT 2, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF TO RANCH LAKE UNIT 2, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER/OWNER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (Ill) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17, COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, Ranch Lake Unit 2, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer /Owner's successors or assigns. [(DEVELOPMENT SERVICESIREIMBURSEMENT AGREEMBNTS\RANCH LAKE IJNIT21RANCH LAKE [MIT 2-SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENT.00CX -265- SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 7 of 9 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may be assigned by Developer /Owner to another with the written approval and consent of the City's City Manager. 19. DISCLOSURE OF OWNERSHIP INTERESTS, Developer /Owner further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form. 20. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the CITY and Developer /Owner from and after the date that all original copies have been executed by all signatories. EXECUTED in triplicate originals, *this day of , 20_. Signatures found on pages 8 and 9. K:IDEVELOPMENT SERVICESIREIMBURSEMENT AGREEMENTSIRANCH LAKE UNJT21RANCI-I LAKE UNIT 2- SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENT.DOCX —266— SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page B of Developer /Owner: Mostaghasi Enterprises, Inc. 8026 Bar le Doc Drive Corpus Christi, Texas 78414 By: f" Hossein ostaghasi, Developer /Owner THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Hossein Mostaghasi, Develo erIOwner, for Mpstaghasi Enterprises, Inc., and acknowledged before me on the day of 1%/larJ'L 2011. Notary Public, Sta Texas PATRICIA KELLEY MY COMMISSION EXPIRES June 14, 2013 K:\DEVELOPMENTSE1tVICES \REIMBURSEMENT AGREEMENTSUZANCH LAKE UNITZ1RANCH LAKE UNIT 2- SANITARY SEWER. COLLECTION LINE EXTENSION AGREEMENT.DOCX —267— SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 9 of 9 CITY OF CORPUS CHRISTI; ATTEST: By: By: Armando Chapa Ronald L. Olson City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Armando Chapa, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 20_. Notary Public, State Of Texas THE STATE OF TEXAS COUNTY OF NUEGES § This instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 20 . Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 20_. !_ilia K. Castro, Assistant City Attorney For the City Attorney K:IDEVELOPMENT SERVICESIREIMBURSSMENT A.GREEMENTSIRANCH LAKE UNIT2IRANCH LAKE UNIT 2- SANITARY SEWER COLLECTION LINE EXTENSION AGREENIENT.DOCX -268- STATE OF TETIAS COUNTY OF NUECES 5 RE MOSTAGNAST 0NTiMpR002, INC., HEREBY CERTIFY THAT WE ARE 145 ORNHS OF THE URD BORA= 11111101 THE BOUNDARIES WE HAVE HAD 0522 FTHE LUID SURVEYED mamma FLAT, 915OQMDEEO 4443 CT TO A51 WN, 5044 Xi FAVOR OF AND PUBIC EA0FMEM5 AS SHOWNMAT FINE 8001 HOTE1OTENE DEECAIED. DR F NOT PRELEO0 .T DEDICATED, ARE FEMUR' DTDICAla, TO THE PUBLIC USE FORES0R, AND THAT THIS PLAT WAS ONE FOR THE POIE'OSES OF DESCRIPTION AND DEDICATION. THIS THE DAT OF , 20 HOSSEIN FIDSTAOHA24, PRESIDENT STATE OF TEXAS 4 701000 OF NUEC6 4 THIS INSTIRDL NT WYS MOWN01*LEO0E0 BEFORE ME 01' 500590 MOSTALIIAST, PRESIDENT OE MOSTACHA1 ENTERPRISES, INC. THS 110E_0AY OF . 20 NOTMT PUBLIC IH AND FOR THE STATE OF TEXAS STATE OF 104403 5 CEINM OF 49EOE5 5 I, NOGGIN M. WELSH, REOSIEREO PROEg510W1 LAND SURVEYOR OF BASS k WELSH ERONEERINO, HEREBY CERTIFY THAT THE FORMING PIAT WAS PREPARED FRO3 A SURVEY MADE ON THE GROUND UNDER 114 00041125. IS TRUE AND CORRECT AND THAT WE 1100 BEEN BEADED TO SET OLL LOT CORNERS UPON COMPLETION OF SLBONLUGN CUN5RNC1EN DIFFICA AEITT2 WITHOUT DELAY. THIS THE _ DAY OF 20 141000 M. WD.241 REGISTERED PROF65Ig70L LAN0 5URVEY00, TOOLS NUMBER 2211 STATE OF TEXAS 14 COUNTY OF FAECES 5 I. OAYD L. NESBTT, LR jN5E0 STATE LAND SURVEYOR, 1AVE.0ETERIRNEG BY FIELD ENSERVAITON 11uT 114E GRADIENT BOUNDARY OF 000 GREET 51501871 ON THIS MT. R IEE SAME AS THE ORA00* BOUNDARY AS DETE MINE0 BY GEORGE PYLf LS.LS., AS SHOWN N TRE 1012 GENERAL EANO OFEICE HUEMES COUNTY ROLLED SNEICH 105, DATED AUGUST 24. 1983 AND IS THE TRUE AND CORRECT BOUNDARY FOR DNS 500010191044 AS OF APDL 1, 2011. THIS THE _ DAY OF 20 . 04410 L. NESBITT 14004457:0 STATE LA140 SURVEYOR NOTES - I. THE YARD 011010ENEM. AS DEPICTED, B A 00501RTIm1T OF THE 20N00 ORDINANCE 500 IS manna TO GINNDE AS THE 200810 NAY 544040E 2. 111E REMAND WATER TCR 114E STORM WATER RUNOFF TEM THS P0OPERty B THE 050 CAFID. THE 1CT0 NAS NOT 0.0 FID 144E AOLM11C LIFE LI* 1011 TIE 05O TAEFISB1T M B Mom= A4 AN 4AER0A1]RP].Y 0043110E AREA THE 090 Mom HIM �DRwEC�I.;.T.�I�N�i�u THE 050 RAY. THE 5000 HAS CLAMMED THE AMMO UFE LLSE FOR THE 090 BTT AS SAL' AND 10'TR 111A1F5s' ANO CATEGORIZED THEN 44404 WATER AS 'CANFACT RFFREA1100 WET, 1 114E SUBJECT SIZE UM IN ZONE u (EL WAS 70 17 AND ZONE B' ACCORDING TO COMMUNITY MEL 10. 485404 00550 FUR RuECES.CWTIM1 11Oy5, LINIRRATuo PROS. RENS= 54NF 4. 4907. RN FEW 94000%4r ANG FL00011Y REO! NBAS M IN41CA1E0 ARE PROM HEWS 201000 ROUNIM7 µ0 FE0GIWAY MAP' POR NAMES C0401Y. 1EFA,. TAONCOSPCRMm MEAS. 410Mu4111Y PANLL LA0. 405404 0520. HAP REVISED TIRE 4. 1917. A FOUND NW 4.0.'5 AT ALL C01RRRS UNLESS 0144ERNRE NG1ED. 0. ME 01104 OF OFN0N00 NG THE MINIM WENT Mummy LINE OF 100 LVOT, UNIT 10 MD EAST IW7O-OF-OMIT 444E OF 1010440'04 BOULEV010. 5AO 01M401 UNE BONO 120' EAST OF AND PARALLEL TO THE 40MMON NET AAR1T--00-WAY UNE OF 0Np 104000RN 004LRVM0 ANG EAST OCANnAO UNE OF TNT 511LYECT TINCT. 51044'00'0, M SAONN, 0. PRIVATE DRIVEWAY ALLES ONTO MITATOAN LO0LEVA9b B PROH0RED. 7. NM ARE NO KNOWN NATURAL WATT RIMES. 105001CNONg WEILU4115. MEIAHOF440 SPEC0S ISIORAT. STATE OE DMIEERXE0 IM00, 0R CRITICAL DUNES ON THE 511E B. THE SITE 15 IN ZONE '0-113' ONE FEELY OOELIYIG. 0. THE MIMEO 01100 ELEVATION SHALL TAE A NINN08 OF 17.27'. LOCATION MAP SITE' PLAT OF RANCH LAKE UNIT 2 A 5.013 ACRE 304117 OF 4AND, MORE OR L65, 0950 A PORI10N OF UO7 7, SECTION 19. BOIELAAN 4Ai0NY LANEv%, A MAP OF WMRry1 5 01100090 0 V. 'A'. P. 48, 114P 040000s, NIECES 0048444, TEXAS CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEER ENG FIRM NO. F-52, 3054 S. ALAMEDA ST. CORPUS CIHRISTI, TEXAS 78404 DATE PL4T1EA 4125141 CDXP. Nd PLAT -534-1113 AS PLAT.DEA0 .108 NO., 11089 SCALE AS 2105 ROT 514x.0 1' - 00' SHEET L 2 STATE OF TEXAS 5 COMM OF NIECES 5 OLDERS OOFF A HEN ON 114E NANO EMBRACED WHIN rummy Whin CERTIFY p T THE FOREGOING MOP ANO THAT WE APPROVE THE 51 VISION AND OED1Ch71O4 120 THE FIATPOSIM AND CONSNIEIMWOFS THEREIN IMPRESSER STATE OF TEYAS 5 DOLRRY OF NUM ITP MIR THS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BF (VILE) OF THIS NE_ OAT OF 20 (NAME), NOTARY MALE IN AND FOR THE STATE OF TENS STATE OF MOS 5 COUNTY OF NUECES S THE FINAL PIAT OF THE 014EIN 1101500ED PROPERTY WAS APWTO400 B1' THE IMPARTMENT OF DEVE10PMENT 2EE11,I0IS OF 111E CRY OF CORPUS CHRSYI, 'MAA5. JUAN RE DEVELOP M JSFRV PICES 0024 :2 DATE STATE OF 1903 4 000NM OF 00ECE5 5 THE FINAL MT OF THE HEREIN DESCRIBED PR0PER71' WAS APPROVED BY THE PLANNING COAMISSION OF THE CRM OF =KR WRIST; TEM. • MIS THE OAT or 20 MANNAN SMIEDDT ROPY GAR2A *000EL S. 5A19AFIA &LDP. STATE OF TEXAS 5 COUHR OF NUE=S 5 I, PLENA 00441 :A. CLERK OF 1FE COMITY COURT IN ANO FEN SAD COUNTY. 00 IERE05' COWRY THAT THE FOREGOING INSTRUMENT DATED 110E _ OAT OF 20 115114 ITS (2RIB0CATE OF ADTFER ICATTO04 WAS HUED FOR REC000 IN 114 OFITCE THE 0AY OF 20 AT 0.471.004 ,141 AND DRAY RECORDED 114E _DAY OF - 20 AT craLOOR_M. IN TME NAP RECORDS OF SND 140l/NM N VOLUME PAG INSTIRAV NF NUMBER ITIMESs LT HAND AND SEAL OF THE COUNTY COUNT N ARO FOU SAID GVUNM AT OFFICE IN CORPUS 0144011, 3AIEC6 000493, TDOLR, THE OAT 0112 1344 1A3T swami. 011 DEPUTY OKRA TIARRIBIA, COUNTY COURT NUDGES COUNTY. TEAM AGREEMENT EXHIBIT A PAGE 1 of 2 ■ cir a .09 1 1 ) . 0 ° 0 4 ' 5 2 ' W 86 00 Q t# Z 00 UU 71: O LLj 0 LJA LLJ 3 y Q (! 1 d a JJ =U mot` U 0 U APPLICATION FOR WASTE WATER REIMBURSEMENT We, Mostaghasi Enterprises, Inc., 8026 Bar le Doc Dr., Corpus Christi, Texas 78414, owner and developer of proposed Ranch Lake Unit 2, Subdivision, hereby request reimbursement of $31,11 0.08 for the installation of the waste water collection line in conjunction with Ranch Lake Unit 2 Subdivision, as provided for by City Ordinance No. 17092. $45,151.701he construction cost, including 1 O% Engineering and Sury .;. ing, as shown by the cost supporting documents attached herewith. Hossein "r asi, President 9-to+ll (Date) THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 20 (U, by Hossein Mostaghasi. President, of Mostaghasi Enterprises, Inc., a Texas Corporation, on behalf of the said corporation. CER F k MARY HOHMANN 4 ° Notary Publ;c STATE OF TEXAS { � ttly Comm Exp, 01.30.2012 Lo f�f Notary Pub in rind for Nueces County, Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct, Reimbursement is subject to: (a) Sufficiency of funds in the Collection Line Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) AGREEMENT EXHIBIT B —271— Zvi ci 8/30/2011 RANCH LAKE UNIT 2 - OFFSITE WASTE WATER REIMBURSEMENT ITEM NO. ' ITEM RTY: UNIT UNIT PRICE • AMOUNT 1 Demo/Disposal of Concrete Walk 2000 , ' SF $3.90 $7,800.00 2 Replace Concrete Welk 2,000 SF $5.25 _ $10,50OA0 3 8" PVC Pipe 248... _ LF $29.00 $7,192.00 n 4' o[ameter 1. EA $4,200.00 $4,200.00 6 6 Trench Safety for Off -Site SS Remove & Replace 6" Water Ilne as Necessary for Off - Site SS 248 LF $10.00 $2,480.00 50 . LF $90.00 7 Traffic Control/Lane Closure!SIdewalk Closure 1 LS 64, 375.00 $4,5840 $4,375.00 SUBTOTAL $41,047.00 MAXIMUM AMOUNT REIMBURSEABLE ngineering and Surveying 101 LIBTOTAL $4,104.70 645,151.70 s Fee Value of Property - 67,777.52 OTAL $37,374.18 ITEM NO. [TEM 50% x FEE VALUE OF PROP xAVERAGE PIPE DIAM. 6.5 x 7,777.52 x 8`— 631,110.08 AGREEMENT EXHIBIT ID -273- 25 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: 3/29/2012 TO: Ronald L. Olson, City Manager Vleck Interim Director, Department of Development Servi"' FROM: Mark Van p p MarkW @cctexas.com (361) 826 -3246 SPECIAL PERMIT TIME EXTENSION The NRP Group (Case No. 0311 -02) Special Permit Time Extension for a 120 -unit multifamily residential complex Property Address: 2725 Leopard Street CAPTION: SPECIAL PERMIT TIME EXTENSION Case No. 0311 -02: The NRP Group: The applicant is requesting that Zoning Ordinance 029044 be amended by adding a twenty -four (24) month time extension for a previously granted Special Permit. Planning Commission and Staff Recommendation (March 14, 2012): Approval of the requested Special Permit time extension for an additional twenty -four (24) months. BACKGROUND AND FINDINGS: The property was rezoned to "I -3 /SP" Heavy Industrial District with a Special Permit to allow for a 120 -unit multifamily residential complex. The Special Permit is set to expire on October 26, 2012. While the property is designated with Light Industrial future land use, it is more beneficial to the community to increase a residential opportunity in this area. A multi- family development will serve to attract more retail and commercial uses to an area that has few current economic opportunities. The expansion in this area will aid in the reduction of economic blight. ALTERNATIVES: Denial of the requested Special Permit time extension. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The subject property is located in the Westside Area Development Plan (ADP) and is planned for a light industrial use. The change of zoning to the "B -5" Primary Business District is not consistent with the Westside ADP or the adopted Future Land Use Map. However, the Comprehensive Plan and the Westside ADP recommend expanding some uses in order to increase the desirability of neighborhoods. The placement of new housing opportunities in this area would increase the area's desirability and would potentially draw more development to a blighted area. Encouragement of economic development is a main tenet of the —277— City Council Executive Summary Memorandum The NRP Group (Case No. 0311 -02) Page 2 development to a blighted area. Encouragement of economic development is a main tenet of the Comprehensive Plan and is expressed through various statements surrounding residential expansion, innovation, and affordability. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: N/A Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Planning Commission and Staff Recommendation (March 14, 2012]: Approval of the requested Special Permit time extension for an additional twenty -four (24) months. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Toby Futrell, Interim Assistant City Manager KIDEVELOPMENTSVCSISHAREDIZONING CASES10311 -02 THE NRP GROUP.SP TIME EXTENSION REQUESTl0311 -02 EXECUTIVE SUMMARY AGENDA MEMO, THE NRP GROUP SP TIME EXT.DOC -278- ZONING REPORT Case No.: 0311 -02 Planning Commission Hearing Date: March 14, 2012 Applicant & Legal Description Applicant: The NRP Group Owner: Steven Halaj Representative: George Clower Legal Description /Location: Hawn Tract, Lots D & E, and a portion of Lot C, located between Leopard Street and Lipan Street along the east side of Palm Drive. Zoning Request From: "I -3 /SP" Heavy Industrial District with a Special Permit To: Special Permit Time Extension Area: 5.2 Acres Purpose of Request: Extend the expiration of the Special Permit for an additional 24 months. Existing Zoning and Land Uses 2008 Volume Existing Zoning District Existing Land Use Future Land Use Site "1 -3" Heavy industrial District Commercial & Light Industrial Commercial & Light industrial North "B -5" Primary Business District Commercial & Light Industrial Commercial South "1 -3" Heavy Industrial District Vacant & Light Industrial Light Industrial East "1 -3" Heavy Industrial District Commercial & Light industrial Light Industrial West "1 -2" Light Industrial District & "A -2" Apartment House District Light Industrial & Public /Semi - Public Light industrial & Public /Semi - Public ADP, Map & Violations Area Development Plan: The subject property is located in the Westside Area Development Plan (ADP) and is planned for a light industrial use. The proposed change in zoning to the "B -5" Primary Business District is not consistent with the Westside ADP or the adopted Future Land Use Map. Map No.: 047,044 Zoning Violations: Norte Staff's Summary: • Requested Time Extension: The purpose of the request is to extend the time limit of the Special Permit for an additional 24 months. • Transportation and Circulation: The Subject Property fronts upon three streets: Leopard Street, Palm Drive, and Lipan Street. Leopard Street is an "Al" Minor Arterial street, Lipan Street and Palm Drive are "Cl" Minor Collector streets. Street R.O.W. Street Existing Section Proposed Section Urban Transportation plan Type 2008 Volume Leopard Street 95' R.O.W. 64' paved No Change "Al" Minor Arterial 7,809 Palm Drive 60' R.O.W., 40' paved No Change "Cl" Minor Collector N/A Lipan Street 60' R.D.W 40' ., paved No Change "Cl" Minor Collector N/A K :\DEVELOPMENTSVCS\SHARED\ZONING CASES \0311.02 THE NRP GROUP.SP TIME EXTENSION REQUEST \0311.-D2 ZONING REPORT, THE NRP GROUP, SP TIME EXT, FOR CC 032612.DOC -279- • Relationship to Smart Growth: The proposed rezoning has many positive implications relating to smart growth. The proposed development will build on an existing industrial area and redevelop a currently vacant and underused property. The project provides new residential opportunities which may act as a catalyst to attract commercial and retail development. The use of federal grants will invite more economic development to an area that is in need of urban renewal. • Comprehensive Plan & Southeast Area Development Plan Consistency: The Comprehensive Plan and the Westside Area Development Plan (ADP) slates the subject property for light industrial uses. The proposed change in zoning is not consistent with the Westside ADP and the adopted Future Land Use Map of the Comprehensive Plan. However, the Comprehensive Plan and the Westside ADP recommends expanding some uses in order to increase the desirability of neighborhoods. The placement of new housing opportunities would increase that desirability and act to draw more development to a blighted area. Encouragement of economic development is a main tenet of the Comprehensive Plan and is expressed through various statements surrounding residential expansion, innovation, and affordability. Plat Status: The subject property contains several platted Tots. Department Comments: • While the property is designated with Light Industrial future land use, it is more beneficial to the community to increase a residential opportunity in this area. • A multi- family development will serve to attract more retail and commercial uses to an area that has few current economic opportunities. The expansion in this area will aid in the reduction of economic blight. Planning Commission and Staff Recommendation (March 14, 20121: Approval of the requested Special Permit time extension for an additional twenty -four (24) months. w > w Iw Number of Notices Mailed Total — 28 within 200' notification area; 0 outside notification area Favor —6 (inside notification area); 0 (outside notification area) Opposition —0 (inside notification area); 0 (outside notification area) For O% opposed as of March 26, 2011 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership 2. Special Permit Ordinance K : \UEVELOPMENTSVCS \SHARED\ZONING CASES \0311 -02 THE NRP GROUP,SP TIME EXTENSION REQUEST\0311 -02 ZONING REPORT, THE NRP GROUP, SP TIME EKT, FOR CC 032612.DOC -280- S BJECT P • PERTY PORT AVE P H A W NP-T CT LIPAN T 0529/2 12 HAWN ASH AND 0 r .rrrc)f ,.1' ; Deper� •f-L�evelopm tServl es CASE: 0311-02 2. SITE - EXISTING ZONING, . NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily2 . RM -3 Multifamily 2 ON Professional Office RM -AT Multifamily AT CN-1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Cammorcfal CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR-3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park L Light Industrial IH Heavy Industrial PUO Planned Unit Rev. Overlay RS -19 Single- Family 10 RS-6 Single- Family 6 RS-4.5 Single- Family4.5 RS -TF Two - Family RS -15 Single- Family 16 RE Residential Estate R$-TH Townhouse Sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property Owners with 200' duffer In favor 4 Owners within 200' listed on V Owners attached ownership tebte A in opposition CHANNEL Corpus Christi Bay SUBJECT PROPERTY MORGAN _zIOCAT1ON MAP rwrrr City of Corpus Christi Ordinance amending Zoning Ordinance 029044, upon application by The NRP Group, by adding a twenty -four (24) month time extension to the special permit time limit initially approved; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, The NRP Group requested, prior to the initial special permit expiration date provided by Zoning Ordinance 029044, see attached, a twenty -four (24) month extension of the eighteen (18) month special permit time limit initially approved, therein requesting a total time limit of forty -two (42) months; WHEREAS, the Planning Commission has forwarded to the City Council its . reports and recommendations concerning the application of The NRP Group for amendment to the special permit time limit provided in Zoning Ordinance 029044; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 14, 2012, during a meeting of the Planning Commission, and on Tuesday, April 24, 2012, during a meeting of the City Council, in 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, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Zoning Ordinance 029044 is amended by adding a twenty -four (24) month time extension to the eighteen (18) month special permit time limit initially approved, thus extending the total special permit time limit to forty -two (42) months. SECTION 2. That the Unified Development Code (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 3. That to the extent that this amendment represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 5. 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 6. 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. Page 2 of 3 SECTION 7. That this twenty -four (24) month time extension shall take effect from the original effective date of Zoning Ordinance 029044. 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. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This J day of borah Walther Brown Assistant City Attorney For City Attorney 2012. K :1DevelopmentSvcs\SHAREDIZONING CASES\0311-02 The NRP Group.SP Time Extension Requestl0311 -02 Ordinance, The NRP Group, I -3_5P Time Ext F1NAL.docx -283- Page 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, Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Joe Adame Mayor, City of Corpus Christi K :1DevelopmentSvcs \SHARED\ZONING CASES10311 -02 The NRP Group.SP Time Extension Request10311 -02 Ordinance, The NRP Group, I -3_SP Time Ext FINAL.docx -284- Forest Park Add 1 7 6 S 5 9 4 10 T 3 11 2 12 1 1 5 4 3 TER 18 C1 LEQPARD ST SA TERRACE 28R j 1 -8 NELS I . N 4 rAe"ff64 WflA r:/// RS -6 HOLLY CROSS CEMETARY - EX 400 2 CASE: 0311 -02 Planning Commission & Staff Recommendation: Approval of the Special Permit time extension. Ordinance No.: _, „4i2CATION MAPS A 1 HAWN TRACT F 3 =Feat LiPAN ST 3 O HAWN SSJECT PROPERTY 1H PORT AVE PROP 8 0229/th12 SASH AND DOS *cDP KJ nepartegit . f evel'pme Send s CHANNEL Corpus OHO Bq RD SUBJECT PROPERTY GNE MORGAN City of Corpus Christi • • Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE NRP GROUP, BY CHANGING THE ZONING MAP IN REFERENCE TO HAWN TRACT, LOTS D & E, AND A PORTION OF LOT C, LOCATED BETWEEN LEOPARD STREET AND LIPAN STREET ALONG THE EAST SIDE OF PALM DRIVE, FROM THE "1 -3" HEAVY INDUSTRIAL DISTRICT TO THE "I -3ISP" HEAVY INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT AND TWO (2) CONDITIONS, NOT RESULTING IN A CHANGE OF FUTURE LAND USE; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of The NRP Group, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 16, 2011, during a meeting of the Planning Commission, and on Tuesday, April 26, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Hawn Tract, Lots D & E, and a portion of Lot C, located, between Leopard Street and Lipan Street along the east side of Palm Drive, from the "1 -3" Heavy industrial District to the "1-31SP" Heavy Industrial District with a Special Permit and -two (2) conditions, not resulting in a change of future land use (Zoning Map 042,036) (Exhibit A - "Applicant's Request"; Exhibit B- "Planning Commission's Request "). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following two (2) conditions: - 1.) Uses: All uses in the "1 4" Heavy Industrial District, plus the allowance of a 120 unit multi - family residential complex. 029044 H: 1LEG- DIR1SharedtLEGAL- DEV.SVCS12011 Agenda4- 26- 111The NRP Group (The Palms Leopard)104,14.11.0311 -02 Ordinance (PC Rec 1-3 to I -3 -SP) 1DWBFinal.doc —286— iNn CED Page 2 of 3 2.) Time Limit: Such a Special Permit shall be deemed to have expired within eighteen (18) months of the date of this ordinance, unless the property is being used as outlined in Condition # 1. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION B. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings solat this o n inance Is passed upon first reading as an emergency measure on this 2i day of 2/,• _ , 2011. ATTEST: CITY OF CORPUS CHRISTI asz40a Armando Chapa Joe Ad me City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This IPYday of / , 2011 rah Walther Brown ssistant City Attorney For City Attorney H:I LEG- DIR \ShareclIEGAL- DEV.SVCS12011 Agendal4- 26- 111The NRP Group (The Palms @ Leopard )104.14.11,0311 -02 Ordinance (PC Reo I-3 to I -3 -SP) 1 DWBPlnal.doc —287— Page 3 of 3 Corpus Christi, Texas cOlf day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Ad fne Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla O. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 029044 H:1 LEG- DIR \Shared\LEGAL- DEV.SVCS12011 Agendaw -26-11 The NRP Group (The Palms la Leopard)104.14.1 1.0311 -02 Ordinance (PC Rec 1 -3 to 1- 3 -SP)_1 DWBFinal.doc _288_ 7 6 8 5 9 4 Nis Pm mai WM MI 11 7 6 8 5 9 4 Nis Pm mai WM MI —s z z Ffris HAWN G r:///7/4 £IPAN sr !:SRR !i Matt CASE: 0311 -02 EXHIBIT A APPLICANT'S REQUEST FROM: 1 -3 TO: B -5 SUBJECT PROPERTY ILOCATION AM P -289- f#aitat Pork 7 8 5 1.0 11 12 I. d4 T 8 5 �.. 9 10 11. 2 A 2 12 Lift sr 4 11 3 2 r R -18 0/UV Oft eas Gasuriter 8'd 3 2 1 1B reto LEOPARD sr .8A2RRitAwB 2 3 tMN 1 8 ikAer A 11 0 SUBJEC T PROPERTY PONT AWE A --T— 8 3 CASE: 0311RO2 EXHIBIT B PLANNING COMMISSION'S REQUEST FROM: 1 -3 TO I -3 /SP b RAWinaSANN AND 000Ft CO TifACT �r ryymad Mee AepertmentpfDs opmw+t3 Corpus Chrinf arm AAU�i• SUBJECT PROPERTY N E ORDINANCE NO JLOCATI9N MAP Yi A/Ai Cityof -290- 26 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: 4/2/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb @cctexas.com; 826 -3729 CAPTION: [? Public Hearing and Ordinance Imposing Assessments and Liens A. Public Hearing on proposed assessment for improvement to the following highway in Corpus Christi, Nueces County, Texas: • Flour Bluff Street Improvements: construction of a sound wall structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive B. Ordinance closing the public hearing on proposed assessments for improvements to the following highway in Corpus Christi, Nueces County, Texas: • Flour Bluff Street Improvements: construction of a sound wail structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive imposing assessments totaling $23,509.68 against property abutting the improvements; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as -built conditions; specifying assessment payment terms and lien enforcement measures. BACKGROUND AND FINDINGS: On November 4, 2008, the City of Corpus Christi approved a bond package that included improvements to Flour Bluff Drive from South Padre Island Drive to Don Patricia. Work would include widening the road from two to four travel lanes with a continuous left turn lane to accommodate the increased traffic volume in the area. On two separate occasions, traffic engineering staff measured the sound levels in the vicinity of Flour Bluff Drive and Cornerstone Drive at the request of the resident whose property abuts this intersection. Both times, the decibels recorded were elevated and levels warranted some sort of sound attenuation measures. Based on the City's analysis, staff's recommendation was to use ground treatments or a minimal sound wall constructed of wood. The property owner has requested a sound wall be constructed using Fencecrete and will pay the difference between the minimal cost and the final cost of the Fencecrete Wall. The owner will pay for the improvements through the City's normal assessment process for city constructed improvements. This will include: —293— • Being assessed at 100% the cost of the wall, minus the City's contribution for minimal attenuation measures. • Signing a Mechanic's and Material's Lien and Promissory Note and arranging for monthly payments. • Once the Final Assessment Roll is adopted by City Council, the Final Roll and supporting Mechanic's Lien and Promissory Note will be forwarded to the Collection Section of the Nueces County Tax Office for billing on a monthly basis to include interest if not paid within thirty days. ALTERNATIVES: 1. Do not construct the sound wall. 2. Construct the sound wall, but do not require an assessment from the property owner. OTHER CONSIDERATIONS: This work will be changed order to the existing contract with the Haas Anderson Construction, who is the contractor for the Flour Bluff Drive Improvement Project to expedite construction and save costs. ASSESSMENT PROCEDURES: City Resolution No. 022767 specifies the procedures which apply to the assessment process. The Resolutions before the Council today will begin the process and direct the City's Director of Engineer Services to file a Notice of Proposed Assessments and set a public hearing on the assessments. Future City Council meetings will require: • Action on the two Resolutions introduced April 10, 2012 (Action Agenda April 17, 2012) • Holding a Public Hearing (Future Agenda April 17, 20121 Action Agenda April 24, 2012) • Closing the Public Hearing and adopting the preliminary assessment role (Future Agenda April 17, 2012 / Action Agenda April 24, 2012) • Motion approving the construction contract or change order to complete the work (This will not be required for this item because the cost is under $50,000. it will be processed as a small change order only requiring administrative approval.) • Adopting the final assessment role (TBD, after construction is complete and accepted) CONFORMITY TO CITY POLICY: Conforms to statutes regarding the Assessment process. EMERGENCY /NON- EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (GIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount • . This item BALANCE Fund(s): Not required at this time. Comments: The estimated cost of the project to install the Fencecrete Wall is $30,209.68. After the Public Hearing an administrative change order will be issued to complete the work. The City's share of this amount is $6,700. After the project is complete, staff will come back to Council with the final project cost and assessment amount. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager \ Mproject \councilexhilits \exh6498b. dwg Phase 1 — Flour Bluff Drive SPID to Graham Phase 2 — Flour Bluff Drive Graham to Don Patricia Flour Bluff Drive, Phase 1- South Padre Island Drive to Graham Phase 2 - Graham to Don Patricio 2.9.6 CITY COUNCIL EXHIBIT CITY OF CORPUS CNRl$T1, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 OM" = NOW ■i Ordinance closing the public hearing on proposed assessments for improvements to the following highway in Corpus Christi, Nueces County, Texas: Flour Bluff Street Improvements: construction of a sound wall structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive; imposing assessments totaling $23,509.68 against property abutting the improvements; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as -built conditions; specifying assessment payment terms and lien enforcement measures. In its Resolution No. , passed on , 2012, the City Council determined that it was necessary to improve and ordered the improvement of the following highway in Corpus Christi, Nueces County, Texas: Construction of a'sound wall structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive in connection with the Flour Bluff Street Improvements. In that resolution, the City Council also noted that the improvement was to be paid for partly by the City and partly by assessment to the abutting property owners. On ,2012, the City Council passed Resolution No. , which specified rules which apply to the city street improvement assessment process (the "Assessment Process Rules Resolution "). These rules concerned assessment hearing notice and the assessment hearing itself. In Resolution No. , passed on , 2012, the City Council scheduled a public hearing on the proposed assessments for the construction of a sound wall structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive in connection with the Flour Bluff Street Improvements. The City Council directed that hearing notice be published and mailed. Thereafter, notice was published on the following dates: , 2012, , 2012, and 2012. Written notice was sent via certified mail to owners of property abutting the proposed improvements on , 2012. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. During the , 2012 City Council meeting, a public hearing was held concerning proposed assessments for the Construction of a sound wall structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive in connection with the Flour Bluff Street Improvements. The City Council considered: A. written testimony by the City's Director of Engineering Services and a City- employed Texas Certified Real Estate Appraiser. A copy of the City Appraiser's written testimony is attached as Exhibit A; B. testimony, if any, by owners of property abutting the proposed -297- Page 2 of 5 improvements and their representatives; C. additional testimony, if any, by the Director of Engineering Services, other members of city staff, and a City - employed Texas Certified Real Estate Appraiser; and D. other testimony and evidence, if any. After consideration of all testimony and other evidence, the assessment hearing is closed. SECTION 2. Proposed assessments for the property abutting the proposed improvement are listed in Exhibit B. These assessments have been calculated according to the requirements of the Code of Ordinances, City of Corpus Christi (the "Corpus Christi Code") Section 49 -21, and Chapter 313, Texas Transportation Code. The front -foot rule was applied unless that would have resulted in injustice or inequality. In those cases, however, the City Council has applied special rates or made other equitable adjustments to the assessments, all considering the: A. special benefit the property and the owner receive in enhanced value to the property; B. equities of the owners; and C. adjustment of the apportionment to produce a substantial equality of benefits received and burdens imposed. SECTION 3. The City Council determines that the assessment on each property listed in Exhibit B is just and equitable and does not exceed the special benefit in enhanced value which that property and its owner will receive by construction of the proposed improvement. SECTION 4. The assessments listed in Exhibit B are adopted and fixed as a lien on the property and a personal liability and charge against the property owner. SECTION 5. The Director of Engineering Services or his designee is authorized to adjust these assessments and the corresponding liens and charges without further City Council action if it is determined after completion of the proposed improvements that the amount of property actually improved is either greater or less than the amount utilized for purposes of calculating the assessment. Under those circumstances, an adjustment may be made to ensure that the assessment for each property corresponds to as -built conditions. The adjustment will be made using the same assessment method (front -foot rule, special rate, other equitable adjustment) which was used to calculate the assessment listed in Exhibit B. It is intended that these adjustments will not be substantial in nature. Thus, they will not trigger any statutory requirement for the City Council to hold a new assessment hearing to impose revised assessments. 041712 ORD No 1 Soundwall Assessment closing public hearing - no emergency —298— Page 3of5 SECTION 6. These assessments have been imposed after due consideration of all testimony and other evidence. They include any appropriate equitable adjustments. They also reflect the correction of any errors, inaccuracies, or irregularities noted at the public hearing. All protests against or objections to the assessments or to the contract for the improvements, other than as reflected in Exhibit B, are denied. SECTION 7. In accordance with Corpus Christi Code Section 49 -21, a property owner may pay an assessment as follows: A. Any property owner against whom and against whose property an assessment has been imposed may pay the whole assessment, without interest, within thirty (30) days after completion and acceptance of the improvements by the City. B. Alternatively, an assessment may be paid in 120 or fewer monthly installments. The first installment will be payable within thirty (30) days after completion and acceptance of the improvements by the City. Installments and accrued interest will be due each month thereafter until the assessment is paid. C. Alternatively, an assessment may be paid in 10 or fewer annual installments. The first installment will be payable within thirty (30) days after completion and acceptance of the improvements by the City. One installment and accrued interest will be due each year thereafter until the assessment is paid. SECTION 8. The interest rate on assessments will be the greater of A. eight (8) percent per annum; or B. the interest rate paid by the City on its most recently issued general obligation bonds. Assessment installments may be paid at any time before maturity by paying the principal and accrued interest. If a property owner does not timely pay an assessment indebtedness or any part thereof, then the whole indebtedness remaining unpaid will, at the option of the City, immediately mature and become payable without notice, demand, or presentment for payment. SECTION 9. These assessment liens are first and prior liens on the property affected. They are superior to any other lien or claim other than one for county, school district, or municipal ad valorem taxes. The liens date from , 2012, the date when the Corpus Christi City Council ordered the improvement: construction of a sound wall structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive in connection with the Flour Bluff Street Improvements Project. SECTION 10. A lien against property or the personal liability of a property owner that arises from an assessment under this ordinance may be enforced by suit 041712 °RID No 1 soundwall Assessment closing public hearing - no emergency —299— Page 4 of 5 or sale of the property assessed in the manner provided by law for sale of property for municipal ad valorem taxes. Further, the assessments may be collected along with interest, expenses of collection, and reasonable attorneys' fees. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED asto form: 04- Apr -12 AMA By: A2A-4-1‘. Veronica Ocanas Assistant City Attorney for City Attorney 041712 ORD No 1 Soundwall Assessment closing public hearing - no emergency —300— NOTICE OF PROPOSED ASSESSMENTS Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499 Construction of Sound Wall — approximately 275 linear feet (FENCECRETE) at the corner of Flour Bluff Drive and Cornerstone Drive. The assessment rate for this improvement is 100% and has been calculated in accordance with the City's current assessment policy and the estimate submitted by Haas Anderson Construction, Inc. The assessment rates are as follows: Item Price Plus Engineering Cost (if any) Assessment Rates 275 LINEAR FEET (FENCECRETE) Sound Wall $30,209.68 $85A9 per L.F. Actual Cost to abutting property owner $85.49 per L. F. Total Price Change Order No. 11 $30,209.68 Preliminary Assessment Amount to be charged to the abutting property owner $23,509 $85A9 per L. F City Share Cost for minimal attenuation $6,700.00 Daniel Biles, P. E., Interim Director, Department of Engineering Services City of Corpus Christi —301— EXHIBIT A CITY ENGINEER'S STATEMENT RE: PRELIMINARY ASSESSMENT ROLL, Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499 My name is Daniel Biles. I am the Interim Director of Engineering Services and City Engineer for the City of Corpus Christi and have served in this capacity for the last 2 months and as Assistant City Engineer for the last 20 months. I am a Professional Engineer, licensed by the State of Texas since 2008. I have over 20 years of experience in design of construction and estimating the costs thereof. I am familiar with this project which encompasses: Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499 The project consists of construction of 275 linear feet of FENCECRETE as shown on the plans and called for in the specifications. Funds to finance the project are available in the FY 2011 - 2012 Street Improvement Program. Prior to this hearing, I had an estimate of project costs prepared, and the costs are true and accurate. This project is estimated to start in April of 2012 with completion in May, 2012. Daniel Biles, P.E. Interim Director Department of Engineering Services City of Corpus Christi 0(/( ?— Date —302— ".,c:c-k7:. ... . p''E "" :'�i 101367 4 Re: PRELIMINARY ASSESSMENT ROLL, Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S,P.I.D. to Don Patricio PR 6498/6499 My name is Eusebio Garza, III and I am a State Certified Residential Real Estate Appraiser and have been evaluating property and real estate for the City of Corpus Christi since 1998. I have experience in appraising both commercial and residential properties, and I am familiar with the real estate market in Corpus Christi. I am familiar with the sound wall to be constructed at Flour Bluff Drive and Cornerstone Drive, and I am familiar with the improvements to be made by the City of Corpus Christi. I have reviewed the project assessment roll; and personally reviewed the parcel of land to be assessed. In my opinion this parcel will be specifically benefited by the improvement to be assessed against it; without regard to the community benefit. In addition, it is my opinion that the parcel will be specially enhanced by the improvement at least to the extent of the assessment stated. Thank you, Eusebio Garza, III ` Date Manager, Property & Lan. Acquisition Department of Engineering Services City of Corpus Christi