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Agenda Packet City Council - 04/24/2012 (W&R)
Corpus Christi Meeting Agenda City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, April 24, 2012 10:30 AM Council Chambers 10:30 AM COUNCIL WORKSHOP SESSION: Public notice is hereby given that the City Council will meet in Workshop Session on Tuesday, April 24, 2012 at 10:30 a.m. in the Council Chambers, 1201 Leopard Street, Corpus Christi, Texas to discuss the Street Maintenance Funding Plan - Final Session. 11:45 AM Proclamations 1 12-00257 Proclamation declaring April 26, 2012 as "International Pay It Forward Day" Proclamation declaring April 22-28, 2012 as "National Medical Laboratory Professional Week" Proclamation declaring April 24, 2012 as "GenTX Day" Proclamation declaring May 7, 2012 as "Establishment of the Linda le Park Community EDGE Garden" Proclamation declaring April 27, 2012 as "Arbor Day" Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habit un interprete ingles-espanol en todas las juntas del Concilio pare 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 Pastor Luis Cabrera, Maranatha lglesia. C. Pledge of Allegiance to the Flag of the United States. Corpus Christi Page 1 Printed on 4/19/2012 City Council Meeting Agenda April 24, 2012 D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. MINUTES: 2 12-00274 Approval of the Regular Meeting of April 17, 2012. F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA NOTICE TO THE PUBLIC: The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote, CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration. Approval of lease purchase of alternative fuel dump trucks for Wastewater 3 12-00107 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. Sponsors: Purchasing Replacement tractor/backhoe equipment for Gas department operations 4 12-00174 Motion approving the purchase of one (1) Series III tractor/loader/backhoe from Nueces Power Equipment, of Corpus Christi, Texas for a total amount Corpus Christi Page 2 Printed on 4/19/2012 City Council Meeting Agenda April 24, 2012 of $07.14085. The award is based on the cooperative purchasing agreement with the Houston-Gaiveston Area Counci of Governrnents (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. sponsors: Purchasing Approval to submit State grant application for auto theft burglary program 5 12-00186 Resolution authorizing the Cfty Manager or designee to subrnit a grant appHcation n the amount of $681 246 to theAutomobiie Burglary Theft Prevention Authority (ABTPA) to continue the rnotor vehicle theft mnforcamartgnantwithinthePoUoeOepartmentforYear12withmC/tv cash match of $5O3.003' in-kind match oy$14.O18. and program income match of$8.541 for a total project coutmf$1.28O.811andauthohzingtha City Manager or the City Manager's designee to apply for, accept jant, alter or terminate the grant, Sponsors: Police Department l of program logic control upgrades to O.N. Stevens Water Treatment Plant 6 12-00181 Motion authorizing the City Manager, or desinee, to execute a construction contract with Associated Construction Partners of Boerne, Texas in the arnount of $381,190 for 0. N. Stevens Water Treatment Plant Caustic Feed and East Program Logic Control (PLC) Upgrades, Sponsors; Engineering Department and Water Department Subscription for infrastructure project coordination software for Water department 7 12-00192 Motion approving a r su agreement for the Envist Project Coordination onMmramefronn Envista Cnrporation, 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. Sponsors: Water Department, Engineerin Department and Purchasing Agreement to provide wastewater to proposed Ranch Lake Unit 2 residential subdivision 8 12-00208 Motion approving the Sanitary Sewer Collection Line Exterision Construction and Rembursement Agreement submft'ted by Mostaghasi Enterprises, Inc., owner and developer of Ranch Lake Unit 2, located south af Yorktown Bouevard between the Schanen Dtch and Lake Superior Drive, for the extension of an 8-inch collection Fine, including all related appurtenances. sponsors: Development Services Corpus Christi Page 3 Printed on 4/19/2012 City Council Meeting Agenda April 24, 2012 Second Reading Ordinance - Changing the FY 2011-2012 Operating Budget regarding the number of police officer positions budgeted 9 12-00165 Ordinance changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155, regarding the number of police officer postions budgeted, reducing the r,umber of Police Commanders from five to four, and increasing the number ofAssistant Police Chiefs from two to three, effective the day following final City Council approval. (First Reading - 4/17/12) Sponsors: Po|ioaDopartrnent Second Reading Ordinances - Amending FY 2012 C1 Budget to use Type A sales tax proceeds forAmerican Bank CenterArena loading dock 10 12-00188 Ordinance approving and appropriating the transfer of $75,000 from No. 1138 Arena Facility Fund tn and appropriating io the No. 3274 Arena Tvpe A[}|P Fund for the pna|irninaryinvnst!goUonmf the AmahnenBank {�eo—r Loading Dock; amending the FY 2011 - 2012 Operating Budget, adopted by Ordinance No. 029155 by increasing expenditures by $75,000. (First Reading - 4/17/12) sponsors: Engineering Department 11 12-00186 Ordinance amending the FY 2012 Capital Improvement Budget adopted bv Ordinance No. O2S135tu add Project No. E12U10 American Bank Center Loading Dock; increasing expenditures in the amount of $75000. (First Reading - 4/17/12) Sponsors: Engineering Department Second Reading Ordinance - Approving lease agreement with Girl Scouts of Greater South Texas 12 12-0057 Ordinance authorizing the City Manager, or designee, to execute a Lease Agreement with Girr Scouts of Greater South Texas for the use of a 76-acre tract adjacent to Lake Corpus Christi through December 31, 2041; and providing for publication. |- EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council ma elect executive session at any time during the meeting in order 10 cliscuss any matiers !isted on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551of the Texas Governrnent Code, and that the City Counc!I spocffically expects 10 go into executive session on the following matters, In the event the Council elects 10 go mb executive session regarding an agende item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 13 12-00270 Executive session pursuant to Section 551.U87 ofthe Texas Government Code to deliberate regarding confidential commercial or financial Corpus Christi Page 4 Printed on 4/19/2012 City Council Meeting Agenda April 24, 2012 information receFved from a business prospect that the City Council seeks to have iocate, stay or expand within the City and with which the City is conducting economic development negotiatons and to deUberate possible offers of finanelal ar other incentives to said business prospect with possibe discussion and action in open session. J PUBLIC HEARINGS: The following Ordinances are scheduled for Public Hearings and First Public hearing and ordinance imposing assessments and Ieris for Flour BIuff Drive 14 12-00109 Pubhc Hearing on proposed assessments on improvements (Construction nfe Sound Wall Structure on Public Right of Way) nn Flour Bluff Drive. sponsors: Engineering Department 15 12-00191 Ordinance closing the public hearing on proposed assessments for improvements to the foliowing 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 BIuff 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 me-built conditions; specifying assessment payment ternis and lien enforcement measures. Sponsors: Engineering Department K. REGULAR AGENDA CONSIDERATION 0c MOTIONS, RESOLUTIONS, AND ORDINANCES: Construction contract for Corpus Christi Beach Promenade Morthward Extension 16 12-00178 Motion authorizing the City Manager, or designee, to execute a construction contract with H20 Construction Services, Inc. of Corpus Christi, Texas in the amount of $403,272.46 for the Corpus Christi Beach Promenade Northward Extension for the Base Bid. Sponsors: Engineering Department Adoption of proposed FY 2012-2013 Consolidated Annual Action PIan 17 12-00245 Resolution adopting the FY2OI 2-2013 Consoliciated Annual Action PIan ('CAAP") which includes the Community Development Biock Grant, Ernergency Solutions Grant, and HOME Jnvestrnent Pai-tnerships Programs, for submission to the U.S. Departrnent of Housirig and Urbarj Development ("HUD"); authorizing the City Manager or designee to Printed on 4/19/2012 Corpus Christi Page 5 City Council Meeting Agenda April 24,2 O12 execute all documents necessary to amend the CAAP if required by HUD; and authorizing the City Manager or designee to execute funding agreements with organizations for approved p jects upon the future acceptance and appropriation of FY2012-2013 funding from HUD. sponsors: Neighborhood Services Special parnnit time extension for a multifamily residential complex located mt2725 Leopard Street 18 12-00209 Case No. 0311-02: The NRP Group: The applicant is requestirg that Zoning Ordinance 029044 be amended by addirig a twenty-four (24) month time extension for a previously granted Special Permit. Planning Comrnission and Staif Recommendation (March 14, 2012): Approval of the requested S ' l Permit time extension for an additional twenty-four (24) months. ORDINANCE 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 PIan to account for any deviation from the existing Comprehensiye Pian; providing a repealer clause; providing penalty; and providing for publication. sponsors: Development Services Second Reading Ordinance - Correction to metes and bounds and map of dedicated public access easement 19 12-00173 Ordinance amending Ordinance No. 028064, with regard to the condition noted at SECTION 2.a., by replacing former Exhibit B with the current Exhibit 8, pages 1 thru 3; and by deleting the Iast sentence. (POSTPONED ON 4/17/12) sponsors: Development Services L. FIRST READ|NG ORDINANCES First Reading Ordinance -Amending City Code of Ethics to meet State requirements forjuvenfle case managers. 20 12-00880 Ordinance arnending Section 2-311, Code of Ordinances, City ofCorpus ChhmU, regarding additional ethics standards for the City's juvenile case managers and other individuals subject to the code of ethics. sponsors: Municipal CourtAdmnistration Municipal Court Judicial and Parks and Recreation Department Corpus Christi Page 6 Printed on 4/19/2012 City Council Meeting Agenda April 24, 2012 M. FUTURE AGENDA ITEMS Installation of replacement equipment for SoIid Waste operations 21 12'00100 Moton approving the installation of one (1) spPit rear Ioad refuse body and one (1) Jift rofl-off body from Hell of Texas af Houston, Texas for a total contract amount of $209.01ofwhich $3,741.41 is required for FY 2011'2012. The award is based on the Cooperative Purchasing Agreement with the Texas Locaf Governrnent Cooperative. These bodies are replacements bodies and wrII be used by the Solid Waste Department. Funds for the lease purchase of the split rear load refuse body and Uft roll-off body will be provided through the City's lease/financing program. sponsors: Purchasing Purchase of replacement vacuum trucks for Storm Water department 22 12-00217 Motion approving the purchase of two (2) vacuum trucks from Houston Freightliner, Inc., Houston, Texas for a total amount of$O21.171.32. The award is based on the cooperative purchasing agreement with the Houston-Gatveston Area Council of Governments (H-GAC). API units are replacements 10 the fleet and wUl be used by the Storm Water Department. Funding is available in the FY 2011-2012 Capital Ouflay Budget ofthe Maintenance Services Fund. Sponsors: Purchasing Approval of interlocal agreement with Nueces County to share funding for State grant and submission of grant application 23 13-00252 Resolution authorizing the City Manager, or desi nee.tnmxaoutean interlocal agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of Ihe Edward Byrne Memoria! Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation. Sponsors: Purchasing 24 12-00253 Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $169,575 to the U.S. Departnientofjustjce Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) P rogram FY 2012 Local Solicitation; 50% of the funds to be distributed to Nueces County under the established intedouo|agreement. Grant funds will be used for the enhancement of Iaw enforcement efforts by the Police Department and Nueces County. Sponsors: Police Department Donation of new playground set made of recycled materials Corpus Christi Page 7 Printed on 4/19/2012 City Council Meeting Agenda April 24, 2012 25 12 -0046 Resolution authorizing the City Manager or designee to accept a donation of a new playground set made from recycled materials from the Ziploc® brand of SC Johnson & Son, Inc. and RecycleBank, for installation at the HEB Park located at 1501 Shely Street. sponsors: Solid Waste Operations FUTURE PUBLIC HEARING Zoning change for property located at 817 Waldron Road from commercial to light industrial 26 12- 00210 Case No. 0212 -06: Bluff Plastic: The applicant is requesting a change of zoning from the "CG -1" General Commercial District to the "IL" Light Industrial District, resulting in a change of the future land use from commercial to light industrial. The property being rezoned is Flour Bluff Estates, Block L, Lots 1 and 2, located north of South Padre Island Drive (SH 358) and east along Waldron Road. Planning Commission and Staff Recommendation (March 14, 2012): Denial of the "IL" Light Industrial District and in lieu thereof approval of a "CG -1 /SP" General Commercial District with a Special Permit to allow for a plastic fabrication facility, subject to three (3) conditions. Sponsors: Development Services Amendment to Urban Transportation Plan 27 12 -00267 Public Hearing and Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for removal of proposed collector street around area of Northwest Blvd.; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. N. UPDATES TO CITY COUNCIL: Public comment will not be solicited on Presentation items. 28 12 -00273 American Bank Center Performance Audit Results O. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; Therefore, please speak into the microphone Located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Corpus Christi Page 8 Printed on 4/19/2012 City Council Meeting Agenda April 24, 2 012 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. P. CITY MANAGER'S COMMENTS: * Update on City Operations Q. ADJOURNMENT: Corpus Christi Page 9 Printed on 4/19/2012 Corpus Christi Agenda Memo File Number: 12-QO2S7 1 2 0 1 Pege 1 Printer: on 4/19/2012 LenpamSt Corpus Christi, TX 78401 CCtexas.com Introduced: 4U0/2012 Version: 1 Current Status: To Be Introduced Matter Type: Proclamations Proclamation declaringApril 26, 2012 as International Pay It Forward Day" Proclamation declaring April 22-28, 2012 as "National Medical Laboratory Professional Week" Pnoc|annaUondedaringAph|24.2O12mo'Y3enTXDay" Proclamation declaring May 7, 2012 as "Establishment of the Lindale Park Community EDGE Garden" Proclamation declaririg Aprit 27, 2012 as "Arbor Day" Corpus Christi — 1 — 2 MINUTES City of Corpus Christi, Texas Regular Coundl Meeting April 17.3O12-12:0Op.nl. Present: Mayor Joe Adame Council Me bars: Chris Adler Kelley Allen Larry Elizondo David Loeb Priscilla Leal Nelda Martinez Mark Scott ABSENT John Marez 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 invocatbn was delivered by Chuck Goodwin, Fish for Life Ministries and the Pledge ofAllegiance to the United States Flag was led by Council Member David Loeb. 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 a of the minutes of the Workshop and Regular Council meetings of April 10, 2012. A motion was made and passed to approve the minutes as presented. CONSENT AGENDA MayorAdame called for consideration of the Consent Agenda (Items 2-11\. Item No. 11 was pulled for individual consideration. There were no comments from the audience on the remaining items. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2012-072 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. B|-0074'12 for a total estimated annual expenditure of $216,360 of which $54.OSQia required for the remainder ofFY30Y1'2D12. 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 Publc Libraries in FY2O11-2012. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. Mhnutes - ReoularCouOci! Meeting April 1T'2D12 Page 2 3. MOT/ON NO. 2012-073 Motion approving the purchase of seven (7) Ford Fusions from PhiYpott Motors, of Nederlamd. Texas for a total amount of $181.721.75. 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. The fo 'ngn1oUmnwaspmosedmndappn7vedvviththehdkovNngvo&e: /kdane,Adler, Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 4. MOTION NO. 2012-074 Motion auth ' ' the purchase of specialized equ' total utilizing funds from the Department of Homeland Security FEMA under the 3010 Port Security Grant Program (PSGP) and the Law Enforcement Trust Fund to purchase law enforcement equipment for the Pohce Department. Funds are available in the Police Grant Fund 1061. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 5.a. MOTION NO. 2012-075 Motion authorizing the City Manager or designee to accept a grant in the amount of $105,840 from the Executive Office of the President, Office of Nationa Drug Control Policy, 10 support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting 'Aye"; Marez was absent. 5.b. ORDINANCE NO. 029444 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adamm,Ad|er, Allen, E]izondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 6. RESOLUTION NO. 029445 Resolution authorizing the City Manager ordesignee to subrnit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $350.000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. Minutes - Regular Council Meeting April 17, 2012 Page 3 The foregoing resolution was passed and approved with the following vote: Adanne.Adler, Alien Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye', Marez was absent 7.a. RESOLUTION NO. 029446 Resolution authorizi the Cfty 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. The foregoing resolution was passed and approved with the foliowing vote: Adanme.Ad|er, Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 7.b. ORDINANCE NO. 029447 Ordinance appropriating a grant in the amount of$1S1'12O from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. An emergency was declared and the foregoing crdinancevas passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent 8. ORDINANCE NO. 029448 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 8933 Timon. An emergency was declared and the foregoing ordinance was passed and a with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loob, Martinez and Scott, voting "Aye"; Marez was absent. 9. RESOLUTION NO. 029449 Resolution authorizing the City Manager Manager or designee to sign and submitdocumeritation 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, 82"d Regular Session). The foregoing resolution was passed and approved with the foliowing vote: Adorne.Ad|er, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 10.a. RESOLUTION NO. 029450 Resolution autho the City Manager or designee to accept a FY2012-2013 Biennium Rider 8 Grant frorn the Texas Commission on Environmental Quality (TCEQ) in the amcunt of Q442.300.00 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 forAir Quality Monitoring and Modeling; authorizing the City Manager or designee -7- Minutes - Reguar Council Meeting April 17, 2012 Page 4 to execute Amendment No. 1 to the nterIocal Cooperation Agreement with Texas A & M University in the amount of$0,00.UDto extend the term of the Agreernent through August 31, 2012 for the Pollution Partnership Alliance (Air Quality). The foregoi nluUun was passed and approved with the foliowing vote: Adame./dUgr, Allen, Elzondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 10.b ORDINANCE NO. D2941 Ordinance app $442,300 from the Texas Cornrnission an Environmental Quality (TCEQ) in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. An ernergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Al|eO, Bizondo, Lea, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. The following item(s) was pulled for individual consideration and was voted on separately. Mayor Adame asked for comment from the audience and the foliowing indMduals spoke: Alien Lizakowski, Bryan Johnson, and Shannon Gulley. After discussion, the council postponed this item for later in the meeting. 11. POSTPONED Assistant City Ma r Martinez announced later in the meeting that staff is still working on resolving issues related to this item and would not be ready for action for today's meeting. Council Member Loeb made a motion to postpone for one week, seconded by Council Member Martinez and passed; Scott voting "No"; Marez was absent. EXECUTIVE SESSIONS Mayor Adame announced the executive sessions which were listed on the agenda as follows: 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. Ma|donado, Gabriel Vega, Timothy Wells, et al v. City of Corpus Chhmti, presently pending in the 94w District Court of Nueces County, Texaa, 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 Minutes - Regular Council Meeting April 17, 2012 Page 5' business prospect that the City Council seeks to have loca , 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 pruspact, with possible discussion and action in open session. The council went into executive session. The council returned from executive sessbn. Mayor Adame announced that no action would be taken on the executive sessions. Mayor Adenle deviated from the agenda and referred to Item No. 17. Public hearing regarding the City of Corpus Christ'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. Eddie Ortega, Director of Neighborhood S provided an overview ofUl d background of the programs. He stated that the funding allocation amount for Community Development Block Grant (CDBG) is $2,592,315, an 11% reduction from last year; Emergency Solutions Grant (ESG) is $264,533, a 78% increase from last year; and HOME Investment Partnership Program (HOME) is $1,030,675, 38% reduction from last year. Mayor Adame statqd that each program be handled separately, beginning with CDBG, followed by ESG and HOME program. A motion was made by Council Member Martinez and seconded by Council Member Elizondo to open the public hearing on the three programs. The following individuals spoke regarding the CDBG allocation: Bob Bean land spoke in support of funding Del Mar College Business Resource Center; Abel Alonzo, spoke in support of funding Mental Health Mental Retardation Center of Nueces County; Hope Maikan, spoke in support of funding SmaII Business Center; Jimmie McCurn spoke in support of funding for the Mary McLeod Bethune Day Nursery; Brian Devaney spoke in support of funding for Miracle League; Gary Kemp, spoke in support of funding Del Mar College Business Resource Center; Anita Stackhouse, spoke in support offunding Del Mar College Business Resource Center; Eddie Herrera spoke in support of funding Amistad Community Health Center; Amy Grandberry, Charlie's Place spoke in support of the process. Mayor Adame asked for comments from the public on the ESG program. There were no comments. Mayor Adame asked for comments from the public on the HOME program. There were no comments. A motion was made by Council Member Loeb, seconded by CouncH Member Scott to close the public hearing and passed. REGULAR AGENDA MayorAdame referred to Item No. 2. Dan Biles, Interim Director of Engineering statedthat this item includes two resolutions for the Flour Bluff Street Assessments and authorizes the construction of a Sound Wall. Mayor Adame asked for comrnents from the audience. There were no comments. City Secretary Chapa polled the councU for their votes as foliows: 12.a. RESOLUTION NO. 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 Minutes - RemularCnunci|Meeting April 17.2U12 Page 6 Engineering Services tofile a notice of the proposed assessment with the Nueces County Clerk. The foregoing resolution was passed and approved with the following vote)Ademu.Ad|er, Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 12.b. RESOLUTION NO. 029453 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 pubhsh notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. Mayor Adame referred to Item No. 13. Eddie Ortega, Director of Neighborhood Sen4cea stated that this item is acknowledging COG Housing Corpus Christi application for Texas Department f Housing and Community Affairs; HOME Investment Partnership Program as part of their Iocal match required in their tax credit application for the proposed multi-family p jects for the Villas at Woodbend. He added that the project will consist of 156 residential units. Mayor Adame asked for comments frorn the audience. There were no comments. City Secretary Chapa polled the councir for their votes as foliows: 13. RESOLUTION NO. 029454 Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed construction ofTheViUas at Woodbend, approving an application for 9% housing tax credits and Horne Investment Partnership Program Funds to finance such p 'gct; and providing an effective date. The foregoing resolution was passed and approved with the following vote: Adanna.Adler, Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. FIRST READING ORDINANCES MayorAdame referred to Item No. 14. Troy Riggs, Assistant City Manager stated thatthis item relates to the funding of an additional Assistant Police Chief. Mayor Adame asked for comments from the audience. Abel Alonzo spoke in support of this item. City Secretary Chapa polled the council for their votes as follows: 14. FIRST ORDINANCE Changing the FY2O11-2012 Operating Budget adopted by Ordinance No. 029155' regarding the number of police officer positions budgeted, reducing the number of Police Minutes es - Regular Council Meeting April 17, 2012 Page 7 Commanders from five 10 four, and increasing the number of Assistant PoIice Chiefs from two to three; and providing an effective date. The foregoing crdinance was passed and approved on first reading with the following vote: Adame, Adler, Alien, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. Mayor Adame referred to Item No. 15, Dan Biles, Interim Director of Engineering stated that this item is a two part item, amending the CP budget and appropriating ng funds for repairs to the American Bank Center loading dock. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as foliows: 15.a. FIRST READING ORDI ng and app 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 FY2O11-2012 Operating Budget, adopted by Ordinance No. 029155 by increasing expenditures by $75,000. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Ad|er, Al|mn, Bizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 15.b. FIRST READING ORDINANCE Amending the FY2012 Capital Improvement Budget adopted byOrdinance No. 029135 to add P 'ootNo.E12016An1ehnanBankCenber|oad|OQdook;inoreasingoxpendKuFeain the amount of $75,000. The foregoing ordinance was passed and approved on first reading with the foliowing vote: Adame, Ad|er, AJ|en, E]bondo, Lea|, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. PUBLIC HEARINGS Mayor Adame referred to Item No. 16. A motion was made and passed to open the following public hearing. Case No. 0212-US: Juan G.Romero: The applicaritis requesting a change of zoning from the "FR" Farm-Rural District toa"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). Ariika Gunning, Development Services stated that this zoning case was presented during the future agenda. Ms. Gunning stated that the Planning Commission and Staff recommend approval of the rezoning to the "RS-6" Single-Family 6 District. Mayor Adame asked for comments from the audjence. There were no comments. Council Member Elizondo made a motion to close Minutes - Regular Council Meeting April 17.2O12 Page 8 the public hearing, seconded by Councii Member Scott. City Secretary Chapa polled the council for their vote as follows: 16. ORDINANCE NO. 029455 Amending the Unified Development Code (UDC) upon apphcation 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 PIan 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: Adome, Allen, E|iznndo, Leal, Loeb, Martinez and Scott, voting "Aye"; Adier and Marez were absent. FUTURE AGENDA ITEMS Mayor Adame referred to the Future Agenda Item section on the agenda (Items 18 - 26). Mayor Adame stated that these items are for informational purposes only and that no action or public comment wiH be taken at this time. Staff provided a presentation on Item Numbers 21 through 26. 18. Motion approving the lease purchase of five (5) dump trucks from Rush Truck Centers of Texas LP, of Mouaton. Texas for a total amount of $897.500 of which $65.085J7 is required for the remainder ofFY2O11-2O12. 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 wUl 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. 19. Motion approving the purchase of one (1) Series UI tractor/Ioaderfbackhoe 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 iDFY2U11'2O12 Capital Outlay Budget nfthe Maintenance Service Fund. 20. Resolution authorizi the City Manager or designee to subrnit 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. 21. 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 0.N. Stevens Water Treatment Plant Caustic Feed and East Program Logic Control (PLC) Upgnades. Minutes - Regular Council Meeting April 17, 2012 Page 9 22. Motion authorizing the City Manager or designee to execute a construction contract with H20 Construction Services, Inc., of Corpus Chrsti, Texas in the amount of $403,272 for the Corpus Christi Beach Promenade Northward Extension for the Base Bid. 23. Motion approving a subscription agreement for the Envista P 'octCoordinaUon 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. 24. 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. 25. Case No. 0311-02: The NRP Groui: 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. 26.a. PubIic Hearing on Proposed Assessments for lmprovements (ConstrucUon of a Sound Wall Structure on Public Right-of-Way) on Flour Bluff Drive. 26.b. Ordinance closing the pubUc hearing on proposed assessments for improvements to the following highway in Corpus Chhab, Nueces Counh/, Texas: Hour 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 $23.509.88 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 terrns and lien enforcement measures. PUBLIC COMMENT Mayor Adame called for comments from the audience. Abel Alonzo, spoke abou he computer technology and viewing of city council meetings on the internet. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 3:40 p.m. on April 17, 2012. AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: 4/24/2012 TO: Ronald L. OFson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826-3169 Mikeb@cctexas.com ,. CAPTION: Lease Purchase of five (6) 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 .500.00 of which Q65.085.77 is required for remainder of FY 2011'2012. The award is based on the cooperative purchasing agreement with the Texas Local c3overnment Purchasing Cooperative (TLGPC). All units are replacement to the fleet and will be used by the Wastewater Department. Financing for the )ease purchase of the vehicles will be provided through the City's Iease/purchase financing program. BACKGROUND AND FINDINGS: The five 05) 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 $181.028.24. Total estimated cost over the sixty-month period, including principal of $847,500 and interest of $57.648.20.ia$805.146.20. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procurement. EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: procedures and State statutes regulating Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Line Item Budget $124,791.66 Future Years $890,060.43 TOTALS $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 5 EACH $179,500.00 $897,500.00 cu. yd. Sludge Service Dump Body and CNG Engine /Fuel System. TOTAL $897,500.00 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 mikebAcctexas.conn Series III Tractor/Loaderf3ackhoe CAPTION: Motion approving the purchase of one (1) Series III 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 / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Gas Department General Services Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Line Item Budget Encumbered / Expended Amount Project to Date Expenditures (CIP only) Current Year $4,542,792.71 2,532,625.69 Future Years $0.00 0.00 TOTALS $4,542,792.71 2,532,625.69 This item 67,140.85 0.00 67,140.85 BALANCE $1,943,026.17 0.00 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 $1,943,026.17 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ELISA COVINGTON COUNCIL DATE: APRIL 24, 2012 ITEM 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 Unil Price Extended Price Unit Price Extended Price Unit Price Extended Price 1. Series III Tractor/LoaderlBackhoe with Extend-A-Hoe Award Total 1 Each $67,140.85 $67,140.85 $70,659.00 $70,659.00 $71,44B37 $71,448.37 $67,140.85 $70,659.00 $71,448.37 $72,726.00 $72,726.00 $72,726.00 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: March 29, 2012 TO: Ronald L. Dls0O, City Manager FROM: Floyd Simpson, Chief of Police floydsOcctexaacom 3O1�6-2GO3 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$881.248to the Automobile Burglary Theft Prevention Authority 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, occept, reject, alter or terminate the grant. BACKGROUND AND FINDINGS: The City of Corpus Christi is appying for Year 12 funding from the Texas Automobile Theft Prevention Authority to continue the motor vehicle theft unit in the PoUce Department. The ATPA was estabUshed in 1991 due to rising auto thefts and is funded through an annua $1 fee on every insured vehicle in Texas charged to irtsurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and a n^butalso$OtheaalvooeuyunjainUla City and County to reduce the sale of stolen vehices 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. Sincethe 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 civiUans conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In-kind contributions in the amount of $1401 9 include office supplies, copy machine, and office space. Cash contributions frorn program income will cover travel expenses. If the grant is approved iri 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: o Not Applicable o Operating Expense o Revenue o CIP Fiscal Year: 2011- 2012 Line Item Budget Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Encumbered / Expended Amount This item BALANCE Fund(s): COMMENTS: RECOMMENDATION: Approval to apply for the grant. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: • Finance LIST OF SUPPORTING DOCUMENTS: • Grant budget summary LY,R�;rt AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY Application for State Assistance Form ABTPA-104, (01/17) 1. For ABTPA Use Only 3. a. Date Submitted b. Applicant Identifier 2. State Program Classification For ABTPA Use OnIy) 4. a. Pate Rece ived by State b. State Application Identifier 5. Applicant Information a, Legal Name: CITY OF CORPUS CHRISTI POLICE DEPARTMENT b. Address (give street or P. O. Box, City, County, State, and Zip Code) 321 JOHN SARTAIN STREET CORPUS CHRISTI, TX 78401 c. Organizational Unit: CORPUS CHRISTI AUTO THEFT TASK FORCE d. Name and telephone number of person to be contacted on matters Involving this application (give area code) 361- 888 -2896 6. State Payee Identification Number: 17480000574 -01 7. Type of Applicant (enter the appropriate A. State H. Independent B. County I. State Controlled C. Muntclpal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. Interrnuntcipal M. Nonprofit Organization G. Special District N. Other (specify): letter in box) fl School District Institution of Higher Learning $. Type of Application: 8. Name of Grantor Agency: Texas Automobile Burglary & Theft Prevention Authority 4000 Jackson Avenue Austin, Texas 78731 Phone: (512) 374 -5101 Fax: (512) 374-5110 Website: www.txwatchyourcar.Eom 0 New ) Continuation ❑ Revision If Revision, check appropriate box(es). Q Increase Award 0 Decrease Award 1 Other (specify) increase Duration ® Decrease Duration 10. Title of Project: CORPUS CHRISTI AUTO THEFT PREVENTION GRANT 11. Areas of Project Activities (Cities, Counties, Stales, etc.) CITY OF CORPUS CHRISTI NUECES COUNTY 12. Proposed Project Start Date: 09/01/12 Ending Date: 08/31/13 14. Funding Summary: Total of a, b, & c must agree with d. Note: Please enter whole dollars for the amounts requested. a. Total State Grant Funds $ 681,248 Requested (ABTPA) b. Cash Match c. In -Kind Match $ 511,544 $ 14,019 . 13, Is application subject to review by slate executive order 12372 process? El YES, this application was made available to the Texas Review and Comment System (TRACS) for review on Date; Program is not covered by E. O. 12372 [] Program has not been selected by state for review NO d. TOTAL(s) $ 1,208,811 New 16. To the best of my knowledge and belief, all data in this application is 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. 15. Is the applicant delinquent on any federal debt? 0 YES tf "Yes" attach an explanation 0 NO a. Typed name of Authorized Official d. Signature of Authorized Official b. Title c, Telephone Numb e. Date Signed ABTPA -1 of 29 —31— AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY BUDGET SUMMARY Form ABTPA-1O4 (R1 /12) Section A - Budget Summal Budget Categories (1) (2) ABTPA Cash Funds Match (3) In -Kind Match (4) Total Personnel (Direct Salaries) 404,674 219,267 Personnel (Fringe Benefits) Professional and Contractual Services Travel 623,941 291,476 10,000 8,541 18,541 Equipment 183,784 75,050 681,248 14,019 511,544 14,019 183,784 89,069 1,206,811 8 F Indirect Costs 9 TOTALS (Sum of7 -8) 681,248 511,544 14,019 1,206,811 Section B - Cash and/or In -Kind Match Enter separately each source of matching funds and the amounts. Total Match must agree with the total of Line 9, Column 2 and Column 3 above and the total of lines 14 (b) and (c) on ABTPA -1. CASH TOTAL Source Amount Source Amount SALARIES 219,267 219,267 FRINGE 283,736 283,736 . TRAVEL 8,541 8,541 PROGRAM INCOME (To bo utIIIzad.l TOTAL 511,544 Total Program income (availabra) $ IN -KI N d (Total must agree with ABTPA.1, Urw 14c.) TOTAL. Amount 14,019 14,019 Source Amount Schedule A 0 IMME11.1111111111=11111.= CurC3,a('f f;��1RkW fir�"Q, {ik4115 MEI 14,019 ABTPA -3 of 29 —32— TOTAL MATCH 525,563 AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY SCHEDULE A form ABTPA -104 (01/12) PERSONNEL 1. Direct Salaries Title or Position % of Salary (A) LIEUTENANT 100 (1) ABTPA Funds 74,393 (2) Cash Match (3) In -Kind Match (4) TOTAL 74,393 (B) DETECTIVE 100 69,089 • 69,089 (C) DETECTIVE 100 69,089 69,089 (D) DETECTIVE 100 69,089 69,089 (E) DETECTIVE (F) DETECTIVE (G) DETECTIVE. 100 100 100 69,089 69,089 69,089 69,089 6 08 (H) GRANT ADMNINSTRATOR 100 (I) CRIMINAL ANALYST (J) INTAKE SPECIALIST 100 100 35,609 38,088 30,047 69,069 35,609 38,088 30,047 (K) (L) (M) (N) Overtime 19,270 12,000 31,270 TOTAL Direct Salaries 1,000 404,674 219,267 623,941 2. Fringe Benefits FICA % of $ Rate 7.65 7,740 39,992 47,732 Retirement @ 16.30 101,703 101,703 Insurance 108,227 Other: (Explain) 33,814 108,227 33,814 - TOTAL Fringe Benefits 7,740 283,736 TOTAL PERSONNEL BUDGET 412,414 503,003 291,476 915,417 ABTPA -4 of 29 -33- Lit iht AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY SCHEDULE C Farm AUTPA -T OM1 Io1/12) TRAVEL 1. In -State Travel (Specify clearly and use continuation pages If necessary) Purpose GRANT AMAIN ABTPA BOARD MTGS ABTPA CONFERENCE Destination (1) ABTPA Funds (2) MILEAGE 1500X.51 Cash Match 765 (3) In -Kind Match (4) TOTAL 765 4,074 5,556 836 7,310 18,541 AUSTIN, TX SAN ANTONIO, TX 4,074 5,556 TCPA GALVESTON, TX 370 466 TAVTI TOTAL In -State Travel EL PASO, TX 7,310 10,000 8,541 2. Out- of- State Travel (Specify clearly and use continuation pages if necessary Purpose Destination (1) ABTPA Funds (2) Cash Match (3) In -Kind Match (4) TOTAL TOTAL Out -Of -State Travel TOTAL TRAVEL BUDGET 10,000 ABTPA -9 of 29 —34_.. 8,541 18,541 AUTOMOBILE BURGLARY & THEFT PREVENTION AMTH°r1TY Forrn ABTPA -104 (01/12) EQUIPMENT PURCHASES ) (2) (3) Equipment Name or Description and Quantit (Do Not List Brand Names) (A) (4) F150 4X4 TRUCKS (B) (4) TINT AND ALARM (C) (4) TOOL BOXES FOR TRUCKS (0) (4) STEP BARS (E) METAL BUILDING/ NEW IMPOUND LOT ABTPA Cash In -Kind Funds Match Match 109,700 1,392 1,280 880 40,000 (F) BSM BAIT VEHICLE TRACKER 7,272 (G) MOBILE LICENSE PLATE READER 22,260 (H) (7) MOBILE VOICE RECORDERS (1) ,000 (4) TOTAL 1 09,700 1,392 1,280 880 40,000 7,272 22,260 1,000 (J) (K) (L) (M) (N) (0) (P) (Q) TOTAL EQUIPMENT PURCHASES 183,784 183,784 ABTPA -11 of 29 -35- AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY SCHEDULE E Form AOTWA -104 {01/12) SUPPLIES AND DIRECT OPERATING EXPENSES (1) (2) (3) (4) Directly Charged Supplies and Other Operating Expenses ABTPA Cash In -Kind Funds Match Match TOTAL (A) OFFICE SUPPLIES (B) COMMUNICATIONS 5,000 2,000 5,000 12,000 (C) PUBLIC AWARENESS 6,000 6,000 (D) POSTAGE 500 (E) FUEL 25,000 500 25,000 (F) RENTAL SPACE 11 ,030 11,030 STORAGE 1,620 1,620 (H) COPIER 2,989 2,989 (I) CONFIDENTIAL FUNDS 5,000 5,000 (J) MISC TOOLS 3,000 3,000 (K) VEHICLE MAINTENANCE 10,000 10,000 (L) REGISTRATIONS AND MEMBERSHIPS 4,830 4,830 M) BSM WIRELESS 2,100 2,100 (N) 0) (P) (Q) TOTAL SUPPLIES AND DIRECT OPERATING EXPENSES 75,050 14,019 89,069 ABTPA-13 of 29 —36 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 loss 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 6 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: April 24.2O12 TO: Ronald L. Olson, City Manager FROM: Daniel BUes, P. E., Interim Director ofEngineering Services danb@cctexas.com (3O1)828-372B Gustavo Gonzalez, P. E., Director of Water Operations QustaVoQo@notexao.cono (361) 826-1874 Execute Construction Contract 0. 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 0. 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 & Capita 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 va|vaa, fibingo, strainers and required piping supports; new caustic feed SCADA handvvana, onfbwane, 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 docurnents. 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 o^mmon«wn uouwuu_4_74_20 -41- ALTERNATIVES: 1. Award the construction contract to complete 0. N. Stevens Water Treatment Plant Caustic Feed and East PLC Improvements as anticipated by FY 2011-2012 CIP (WA #7) as project is within 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 the 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 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $551,200 $551,200 Encumbered / Expended Amount $1,832,547 $1,832,547 This item $381,190 $381,190 BALANCE Fund(s): Water CIP 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 0. N. Stevens Water Treatment Plant Caustic Feed and East PLC Upgrades. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map CAPROGRAM FILES1GRANICUSLEGISTAR51PACKETWB_CiTY COUNCIL_4_24_2012%0006_1_08659308-5458-4CA2-9B3E-3AFOEEEDF28D DOCX -42- PROJECT BUDGET 0. N. STEVENS WATER TREATMENT PLANT CAUSTIC FEED AND EAST PLC UPGRADES Project No. 8605 April 24, 2012 'FUNDS AVAILABLE: Water C|P ... ----- ..... .......... ------- ......... --.—_ ..... ..... -- $851,20000 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/AwardfAdmin)..,, 10,495.00 Engineerng Services (Project PWot/Constr Mot/TnafficK8gU------.. 13.340.00 Misc. OPhntin0. Advertising, e1cl' ... ... ......... ......... ... ---- ... —.......... 1.805.00 REMAINING $85,195.00 * Consultant Design n Contrac in the amount of$1.832.547 was awarded on July @.2O10 (Motion No. M2010-165), funding source CIP 2010 (CIP No. WA 02). Actual design forthis construction contract package was $26,052 (7.0%). Bid and Construction Phase Services will be $21,200. -43- File : \Mproject\councilexhibits\exh8605.dwg PROJECT LOCATION LOCATION MAP NOT TO SCALE O.N. Stevens Water Treatment Plant Caustic Feed and East PLC Upgrades CITY COUNCIL EXHIBIT MY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1f 1 -44- DATE: April 24, 2012 TO Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, P.E. Director of Water Operations Gustavoqp0octexas.com 361-826-1874 AGENDA MEMORANDUM for the-City Counoil.Meeting Of Aprit24th 2012. 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 $ 86;000, to be used by thelitilityDepartMenta for the Web-,based infrastructure project coordination. Monies are available in the Water and Wastewater Department operating budgets fet 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 IdentifyinqprOjeCt 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 Baitirnore, -MD, Austin, TX, Colorado Springs, PO, 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 -47- OTHER CONSIDERATIONS: This software has-been underrevieW and test over the pastseveral months and has proven to beri?Prieficialln 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:yoar.;„29,11,20.1.2 Projectto Date Expenditures CIP Fund(s): 4010-30000-580000-$48,000- Water 4200-33000530000-$48,000 -Wastewater Comments: This contract will cominence at the start of the tie fiscal year, August 1, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENT& Approvals: Lisa Aguilar, Assistant City Attorney Constance Sanchez, Director ofFinancial Services Eddie FlOulihan, Assistant Director of Management and Budget Oscar Martinet, -Assistant City Manager —48- - - - gRAfitoitettrP.T416,9,, gttgiiVittit*,tiitte0011:00/V #.001.X-**645:r40.11.414: 070.241-ZA3001. :78u:00725o ENVISTA ORDER FORM Customer information: Bill to: City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Attn: Gus Gonzafez/ M.P. Sudhakaran Ship to: City of Corpus Christi / 1201 Leopard Street Corpus Christi, TX 78401 Attn: Gus Gonzalez/ M.P. Sudhakaran Billing Company Name: Envista Corporation Billing Phone: 847-343-6822 Billing Contact Name: Steve Notarp Billing Fax: 847-756-3865 Billing e-mail address: steve.notaro©envista.com Currency: US Dollars Terms and Conditions Contract Start Dalai: 4/1/2012 Contract End Datel: 7/31/2014 Billing Frequency: Annually — 2 Year Prepay Payment Method: Check Payment Terms: Net 30 Billing Method: Mail Products Envista Project Coordination System 8/1/12 Envista Street Incidents 8/1/12 Envista Citizens View 8/1/12 Envista Special Events 8/1/12 Envista Platinum Service Bundle 8/1/12 Corpus Christi SE Incentive (Valid by 3/23/12) Total Subscription Based on 2 Year Prepay 7/31/14 24 7131/14 24 7/31/14 7/31/14 24 24 $30,000 $60,000 $5,000 $10,000 $5,000 $10,000 $7,500 $15,000 7/31/14 24 $8,000 $16,000 ($7,500) ($15000) $48,000 $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 yearty subscription tens. Page 1 of 2 —49— 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) CI ND In 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 8 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: 3/33/2012 TO: Ronald L. Olson, City Manager FROM: Mark Van Vieck, !nterim Director of Development Services MarkVV@cctexas.com (361) 826-3246 CAPTION: Sanitary Sewer Line Construction and Reimbursement Agreement with Mostaghasi Enterprises, Inc., developer of Ranch Lake Unit 2 Subdivision Motion approving theSmnitan/SevverCo|hyctionLineExtenoionConatructionandRaimburnonnentAoreem/erd 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 |ina, including all related appurtenances. BACKGROUND AND FINDINGS: Mostaghasi E , Inc. is req a Sanitary Sewer Line Construction and Reirrtbursement 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 10 the proposed single-family residential development. A Iayout 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 mathematical 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 rnade 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 —53— 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 Encumbered / Expended Amount (93, 2.79) 0 This item (31,110.08) 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 Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Location Map Final Plat Proposed Improvements Layout Application for Sanitary Sewer Line Credit Application for Sanitary Sewer Line Reimbursement Engineer's Cost Estimate 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 -54- SUBJECT PROPERTY 450 eFeet RANCH LAKE UNIT 2 bele:19P13f2011 H:6PLN•DIR6SHAREDIGIS ProjectsUJenniter RANCH LAKE UN Prepared by: SRR City of Corpus Christi Development SerriCes -GIS a.mxd �aiarr..vs EXHIB ' STATE OF TEXAS 11 toUNTY OF NUECES 2 Ert MOsTADTTAsl EffTERPROBS, OHL. HERE& CURVY THAT 010 APE THE OwNERS OF THE UNO EMBRACED Mill THE BOUNDARIES OF THE FOREGOING PLO, SUBJECT 10 A OEN IN FAVOR OF THAT wE WOE HAD sAms LANO 11224E72E0 ANO SUDONIOND AS WORK THAT 2100EE70 Me 01.1080 EASEIREPTIS AS 2290201 HAW OLEN HERERPORE DMIOATED. CPT 4F REIT PRCYOUSAY OESECATEO Am HEREBY 007102.7E0 TO TM FUTILE: DEE FOREVETE. AND THAT THIS PlAT WAS mADE FOR DIE PIM/IMES OF DESISRLAnow DEDICAllofl, Die THE sOlf OF 20 . A tOSSE1214 WIRTAPHASE. MESIDENT sTATE 07 110240 11 COUNTy Or HUMES 6 TI400 00077.I0ENT WAS A01042741020GED OEFORE me 07 HOMO* MOFFACHASL PRESIDENT 9F 010VA0HAS1 ENTERPRISES, 1440, 10107044 DAY OF .20 ANA P0131.10 IN AND FOR THE STATE or TryAs STATE OF TDC/Ls11 - COUNTY OF MIMES 11 4. *1000 M. WELSH, 20711/182.14 PROFESSERWEL LANO SURVEYOR or 0055 de WELSH ENOTREERIMO. mrourr COM' THAT ME 0001020040 PLAT 0225 PREPARED ARON A SURREY WADE ON 11410 GPOuND mons NY LIMBO% 15 TRUE AND CORRECT AND THAT WE HAVE 417,04 E002020 TO SET ALL LoT 07222200S UPON 0042PL0720 OF 011002722014 CoNsTRUCTION ImPROPENIENTS W10 -201T WAY. 1205 THE OF 20 . PlIkEti 1,4. 044L10 REMPTERED P0O71055110201 IAMO 90207.1200. TENS NUMSE0 7211 STATE OF TEXAS 01 =NTT Or NuEOFS A L DAwn 14. NESOPFL 1)10ENSE0 ATMS LAND SURVEYOR RAW 02700 7212107 BY nBS ° OLD THAT THE OM VUDoUPEARY OP 010 2411020 51417A OM Tots PLIE 102 522440 FlreuN RTE1oourr AS 9ETOEMPID Ey Gw, tyLE281.14. SHWAT PTHE mos GENERALcy1 410. u.rAtIWi."8010421045"SAo CORRECBOUNDARY FOR THIS SBBNSONISLT 'nes OAT or 20 OMIT L.. 0073001 11084570 STATE 0*4144) 824777012 1. TUE Trio 01700102029 As 01:712170 IP A Twormster 07 SW 7044010 OROINANCE ENO H Water TO ORANGE AO INF 700070 MAT CRAAAM. 2. THE =ma WATER MN ME 220210 WATER RUNOFF ARON 17115 PROPERTY M ME 050 maw. THE 1084 NOT CIASSINED THE ActIATID Lot 7017 100 4100 20004.0401 47 0 Emma= As AN ENIAROMENTALLY opkome APTEA, 711E oso Telee news 0401007.? 0,Tro IRE 000 OAT, THE Topa Fes 0.0.872223 THE 70017.20 410E tot ral THE 050 0247 90 "ciOtilloNAL- ARO NwsTEJT wATIERr 14440 reirocierira THE REEE4100 WARR AN •07101007 1000E01100 717E1. 3, Do mum suE 0.011 0472047 (EI_ 10071 To 47.277 4042 mew 14. 1001700010 447 HOSOAVPITYY PANEL 00. 41104011 wow FoR 044EE0 0007,212, TIMAR VNINEORITOMTED MEM, REASED 40147 0, 0077. IRE FHA FLOODWAY 0740 FLOOMYAY MINX AREAS AN INOCATED ARE MON PUMA 111000 liourtver .0440 FLOOOWAY Ws, Few NUMES DODADY. Mos; DIDDRODDDRATED ARDS, UOMIAIRITY PANEL 40. 400100 0070. 47174 PEAISto JUNE A, 10101. 4. 701270 9/00 LR,'S AT 07 Boman LINIENS ORIERWIRE MATEO D. THE MOH OF PEARINos 20 THE 0042004 *EST BotwOrre LINE OF DIE Lefel MOT 12 ARO 720* nrOHT-OF-WO UNE 07 PoliteoWN oomormo SNIT COWAN UNE am 020' EAST OF AND PARALLEL TO THE 001411071 44200 ReGHT-07-WAY Lee 07 SND TORNIDWN 00000.4240 7401 FAsT 0071N409442 LINE OF pH puBiEtt Duct 5701440E71. AS SHOWN, 21. 7724017 DRIVFAHY ACEECS ONTO YORKTOWN OUIREVNTO IR PRONIOITED. 7. THESE ARE foS KNOWN WHAM WATER 0001£5, ALIRMICTIONAL YACILVIES, ENLIANOENEE sPEMES loarrff. STATE 107 02eME71000 LAMB OR Oliplcra, 074425 ON DO PRE 0. THE sfTE IS IN ZONE .0,01 0715 PAPUA OWEILLOPO. P. TIM nknia> nom E1E2*511014 0147LL OE A MONAAUN Of 47.27% PLAT OF RANCH LAKE UNIT 2 A 0,097 ACRE 107111' OF LANA YORE OR Leib. RENO A PORTION OF 107 7, SEcHON 10, 0017E190AN COLONY Limn, A MAP OF WHICH IS 0E0000E0 414 V. W.. 1'. 42, 110 RECORDS, NOECEs CONIOY, TEMP CORPUS CHRISTI, NUECES COUNT)°, TEXAS BASS S. WELSH ENGINEERING rzitm NM 7-52, 0054 S.. ALAMEDA RT, CDRPUS CHRISTI, TEXAS 70404 725 ;MT EIATE PLEIFTEIN 0,05111 ECM MD 7141-5141.053 445 rnAt.nva Jag mi. 21235 =ALE, AS sirepf FLEIT SCALE, Ir GO - 000441 1 OF e STATE 07 /TVS 00111477 07 NUE= 10 WE. 0444:1, FiESSET EASTTIFY THAT WE ARE TINE HouTERS OF A IIEN ON THE 1A140 MENACED WITHIN THE BCONOMBIES OF THE FORE00241 24N2 AND IFEAT WE APPROvE THE SIMONIsloN AND 134221DATION MR THE PURpost% AND CONSIDERATIONS THERM EXPRESSED. BD sTATE OF TEXAS ' =ivy OF MECO 0, 71140 INSTRUAlENT WAS ACKNOWLEDOED BEFORE ME or (UTILE) Or T1413 TRE DAY Of 20 NoTANY BUG 04 ME FOR THE STATE OF 10895 STATE Of 110MS mown, OF 2111E000 42 7HE FINAL PLAT OF SHE NEITEIN DESCREBB PROPERTY WAS APPROyED BY 114E DEPARIVENT of OEYELOPMETO SERVICES OF 1140 ON OF =RPM CHINSTI„ 11000. J1404 MALE% P.E. Dres.00442127 BERvioES 0402.170 STATE OF TEXAS 00614471 OF nellECER 74 THE FINAL ?LAI Of THE 1420E144 DESCRIBED PROPERTY WAS APPROVISO BY THE PLANNING coloossrom OF THE 074 OF CORPUS CHRISTI. MIAS, 10014 14410 tor OF 20 . CRETAN* 40)0* BMA Mara S. SALOARA 51221E 07 TEXAS OGIAPITT OF NUE= 0. DUDA WM:RA, CLERK OF SHE 012.0*01' COUTET 04 AND BEEF 5010 202071, 92 RIEROpr OERNFE THAT THE POSEGoING 44S1140/401T DATED NE Off OF 20 VirDi ITS CERTIFICATE OF 04110100110977011. 444.5 MEAT FDA 00:000 114 MT OMDE IDE DAY OF , 20 AT Ott= 4 AND DULY RECORDED IME DAY 07 20 07 _ O'CLOCK WIE MAP neconos OF SAID =Ppm IN YOLuME , PACE INSTRUMENT NOLEIEN *NESS Ely HAND ANC SEAL OF THE COUNTY COURT IN AND FOR SAID 004I4I1Y AT OFFTEE TN CORMS CHRIsil, FENCES 0004ITY. IFSES, THE BAY ME well LAPIT wRITTEN. DEFRAY DMA 80001100, CLERIC COUNT.° COURT NUECES CDUMIY. MIAs EXHIBIT 01 PAGE 1 of 2 -52'15' 14- ' 27. 25' *-tag*t *141 .1)4 --.-----..orzezez:32, •C21:elf,S;-_5?.r. - cis. sr 'La \ z,...E511711.15 STREET RETURN S16* 14' 0.2' E 69162' 5561951N5 STREET RETURN FENA 7002 A7 TEL 17,77) 20 PUALIC ROAD 7.3.2195 95 7.117 COUNC/L, ORD. ND — ----- ----- --- -- -- EL YORKTOWN DLVD, 60 0C 1515170 ere ,01 — / \ s'1 17 1 1 /It s 4 s s .99 NIO' 04' 52' W 06. 66' 9001 SF 030 CREEK N1' 43' 01'W 104. 55' 0 00' — N21' 07' 57' 56. 59' 120' :C -AW % 60' ',419 r OSEI -"sc:Elt .4.14P SF N 25980 s 57 '-5 ‘33319 SF1. I 20937. 7 7tt105 - NRAINENT 12II10A07 4p60 OF USD CREEK AS APP120E9 117 7337. .WW.NAL LAND cssirx PURSUANT 711 LETTER plata AUGUST o. 19333 77.7000100 10 00E9. 22 hu 979601, 2127 PLAT OF RANCH LAKE UNIT 2, CONTINUED CORPUS CHRISTI, NUECES COUN1Y, TEXAS BASS & WELSH ENGINEERING FIRM 1113.. F-52, 3°54 0. Al..AMEDA ST, CEIRPLIS CHRISTI, TEXAS 78404 PATE PLOTTED, 41E2/11 COP. NW 7LAT-5115-1/19 AS 373,57.070 .91/1 1113, 10139 SCALE. AS 220.94 PLUT SCALE. 1" . 60' 51EE1 .509 2 NI' 4"8"` D7'14 50. 22' "Uvoi," II" FEM., 47 4237.970 1 2; 11, 5:2g4:41v" —1 04.2 krh, IV 65. 15, 35711111, MR, S73' 52' 39'14 329, DB' M ©VW PLANN/NG co hussioN O 1513.59•51. R.1060.09. T.179.95. 1-.25,8,01. 09.50. 14,41"E 414.950. 07" • 1-109` 2N 92. 9+10.00 91' 515.597.19.22.9 09,14.00 O 1,30.'10'11. 1155.00' T95. 92' L.7. ON ClITS.16'54,31.11 119.7.119' t.sr. 47' 2229,00 T.)6.91' L.153.56° 5.11.512'10'11.E CTI. /53.14' I 6 07.9555,69 9011519005 V. 65.. P. 1401 99, 27 0, EN -11817B PAGE 2 of 2 Ter mutt rg� Doss.q iwl rCt. YORK L't1fN BLVD. ______________________ garT.T r« 7r . `ff' men ® .. a a.7�.. • • b\t _ Bs6V[ ,—___'-..T rt. our 11131111e 1.11 ssne mf..a .n. m. n ,n„WWI..Rp.unr+m -nor M ss l�4A f� ]m v¢ il[R0 tuAS Olt 25 5 OSP CREEK 9 047x0 !.wa 4 02 �'+.. SSP GREEK 47 ammr nwA siaicvnr nA AA.rw w� s. a*.'a01O0%°..�. c uAmasn uAs ,aa.A.0n 7k00 BPDO 9400 MAK A0 .n tinvt11111 w 'n 111441 ner 111..11 110 11,11/011 '1:11.11i:14.47111 11tr'' 0+00 Al _-�isie'A�! 9ENCHMARK P.M WAX Dv MUFTI E. - SANITARY SEWER LA CM 1QkE BR.7f 0 KT0WN ELVS BASS de WELSH ENGINEERING 7A *ZTS7U.T4s1 N7. r -so, 7074 s, AWDS. 77REV' 07P07. 00547. 77474 77404 IMPROVEMENTS TO RANCH LAKE UNIT 2 CORPUS CHRISTI. NUECES CO.. TX SANITARY SEWER AND WATER PLAN AND SANITARY SEWER PROFILE EXHI8 T C w.r euu ''-W aw,.,A, root a447 to. to a.n 4.047 7/ffhf. 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 10% En11....eering and Surveying, as shown by the cost supporting documents attached herewith. By: Hossein Mostaghasi , iden COUNTY OF NUECES THE STATE OF TEXAS This instrument was acknowledged before me on Hossein Mostaghasi, President. PATRICIA MICHELLE mvoDsre \ Notary Public STATE OF 'MOS Comm, Exp. 42-19-2011 , 2011, by Notary Public in and for EXHIBIT D —5 9— APPLICATION FOR WAS'EE WATER REIMBIJRSEMENT 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 S))ry ig, as shown by the cost supporting documents attached herewith. Hossein Mostaghasi, President THE STAJ.E OF '1EXAS § COUNTY OF NTJECES § This instrument was acknowledged before me on 1/44 (Date) 0\iesii.hcf. 2- , 20 11 by Hossein Mostaghasi, President, of Mostaghasi Enterprises, Inc., a Texas Corporation, on behalf of at PATRICIA MICHELLE ZAVODSKY Notary Public STATE OF TEXAS s My Comm. Exp. 12-1g-2011 CERTIFICATION ' Notary Public in and for Nueees County Texas di 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. EXHIBIT E - 6 0 - (Date) TEM NO. 2 3 4 RANCH LAKE UNIT 2- OFFSITE WASTE WATER REIMBURSEMENT ITEM molDisposel of Concrete Concret W31k Re.lace Concrete Walk 8" PVC Pipe FO Manhole 4' Diameter Trench Safely for 0 -Slte SS QTY 2000 2,000 248 UNIT SF sP 4:1■1,.• NIT PRICE 8/30/2011 $3.90 AMOUNT LF EA Remove & Replace 6" Water fine as Necessary for Off- Site 56 248 LF 6.25 $29.00 $4,200.00 0.00 50 LF .00 c ControULane Closure/Sidewalk Closure LS 4,375.00 7, .00 $10.50000 $7.192.00 $4,200.OU $2,480.00 $4,600.00 $4 376.00 SUSTO A $41,047.0 • MAXIMUM AMOUNT REIMBURSEABLE ITEM NO. I ITEM • 150% x FEE VALUE OF PROP x AVERAGE PIPE DIAM. E ginei3rina and Surveying 1 $4 UBTOTAL 04.70 $45,151.70 ss Fee Value of Property 47,777.52 TOTA 1 7,374, 0.5 x 7,777.52 x fit AMOUNT $31,110.08 EXHIBIT F -61- 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 and of approximately 5.093 acres called Ranch 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. SANIITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 2 of 9 2. PLANS AND SPECIFICATIONS a. The Deve!operlOwner ner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plaris and specifications for the Collection Line Extension, as shown in Exhibit C with the following basic design 1. lnstall 248 linear feet of 5-inch PVC sanitary sewer collection line; 2. Install one (1) 4-foo diameter fiberglass rnanhUhe; 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 Sheet and Standard Specifications. d. Before the Developer/Owner starts construction the plans and specification must be approved by the Citys Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Collection Line Extension, 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 af the property needed for the Easements is owned by a third party arid 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 fees as required bvtha 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 Extenuion, will be credited to. 5. DEVELOPERJOWNER 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. LAKE onnzMxwc*Lu UNIT 2-SANJTARY SEWER COLLECTION LINE EXTENSION -63- SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 3 of 9 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/Owner. 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. KADEVELOPMENT SERVICES \REIMI3URSElvfENT AGREEWIENTS1RANCH LAKE UNITMANCH LAKE UNIT 2-SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENT.DOCX - 4- 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: 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:\DEVELOPMENT SERVICESIREIMBURSEMENT AGREEMENTSIRANCH LAKE UN T21RANCH LAKE UNIT 2•SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENT.DOCX -65- SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 5 of 9 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, (HINDEMNITEES") 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:\DEVELOPMENT SERVICESIRELMBURSEMENT AGREEMENTSIRANCH LAKE UNIT21RANCH LAKE UNIT 2-SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENT.DOCX -66- 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 (1) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (1) 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. KADEVELOPMENT SERVICES \REIMBURSEMENT AGREEMENTS \RANCH LAKE COLLECTION LINE EXTENSION AGREEMENT DOCX -67- NCR LAKE ONTT 2-SANITARY SEWER SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION ANP 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 Signatures found on pages 8 and 9. KADEVELOPMENT SERVICEMEIMBURSEMENT AGREEMENTSIRANCH LAKE UNIT2IRANCli LAKE UNIT 2-S ANITARY SEWER COLLECTION LINE EXTENSION AGREENLENT.DOCX —68— SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page of 9 Developer/Owner: Mostaghasi Enterprises, Inc. 8026 Bar le Doc Drive Corpus Christi, Texas 78414 r By: Hossein ostaghasi, Developer/Owner THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Hossein Mostaghasi, Developer/Owner, for Mpstaghasi Enterprises, Inc., and acknowledged before me on the..2.cf• day of Msvrckx.., 20A. Notary Public, Sta Texas PATRICIA KaLEY MY COMMISSION DARES June 14, 2013 KADEVELOPMENT SERVICESUtEIMBURSEMENT AGREEMENTS \RANCH LAKE UNI121RANCFI LAKE UNIT 2-SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENT.DOCX -6 9- CITY OF CORPUS CHRISTI: ATTEST: By: By: SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 9 af 9 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 , Notary Public, State Of Texas THE STATE OF TEXAS COUNTY OF NUECES Thls instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 20_. Nolary Public, State Of Texas APPROVED AS TO FORM; This day of , Ulla K. Castro, Assistant City Attorney For the City Attorney KADEVELOPMENTSERVICESSREIMIIURSEMENT ACTREBM NC LAKE UNITaRANCH LAKE UNIT 2-SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENT.DOCX 1 Xs 6 2F 4 —111 k I RI - S2 15' 14'E 7, 25' zilanto. EN' ,.. - N 4...,t....X , .417 0 -;:=--,::::-;,.... - - ._ € - - --- - - --V-.... "- - „ kb5V"" 41 VE,--1.-1....1/4c-,-. ,,, e-.,..------------=:-7---------- -z-------- . "------...—..,zzrczczx5" _„ , . leNITC --- 7i -- -------------------- —N---' 37 97 2777, 117 TINA 74346 .4 41 1.0753 161. 17.273 24' 2323.40 ROAD 0.01611 af CITY 11171171011, 0305 130 11t111 ' -CL YDRK TOWN PLVD. S14* 14' 08` E 68-1,62' _r -EQR. C0700. R:770:44: L7230. 67^ rain 97' iftfl 34 ° C73,E 431. 7:97 1017M 07" 77.7":7373-77--.7129: I 3 LR::: 73: 0 L.RIC51::5 .97 7I 0.:13M"' 49 47" w =3,337 i " 11 AY ./ I \ - 37, 773. ara 55'0 ' 30 097 77.72 JOT 1I 77.4!CmZ ItR. 6 k< 4 3 • ' \I Nr1rsr, S-P7RuT39stW'i.T5Ec 0C71LCC'2:473877131:3:031'' 433.03.g!..3r 34413371. l' 31 7 m7 — - 2075ST - E 3 Ea El, , 23902 ▪ S N10 0452 11 66' E°44' 7c7rm 56, 5' a0I01W a 11077. CCCO1 J. W 50 22 ' 1 -32DIE7ROLNIIAky LIO OM47022 61 • MIA luiwt A/ 27 IA 921 I f APPAL/4n VT THE GITIMERAI3 owe arrka: 23103447.7 70 LETTER OWED 04.97137 2637490 4266201370 TO DE2,11. 1413. 370321. a It f3SD CREEK SCALE, GO' "-Irwrt PLAT OF RANCH LAKE UNIT 2, CONTINUED CORPUS CHR15.TI11 NUECES COUNTY, TEXAS 13 AS B. WELSH ENGINEERING F IRM NO. F-571. 3054 S. ALAMEDA ST. CORPUS CHRIsTI, TEXAS 78404 1I7116 PLOITala 4/M/01 CONK NEP P5.AT-0407W9 AS 17307.7279) .300 00, 9079 02334.2. 473 3940301 01.07 SCALE. • 60' STILET 2 OF A j-FLOODWAY sopenire /- v. (A. P. 147 7. 1703 1071 AGREEMENT EXHIBIT A PAGE 2 of 2 APPLICATION FOR WASTE WATER RELMBURSEMEINIT 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 Spiv g, as shown by the cost supporting documents attached herewith. Hossein Mostaghasi, President (Date) THE STATE OF TEXAS § COMA/ OF NUECES § This instrument was acknowledged before me on A 0 \JC/1 IX( 2 , 20 11 by Hossein Mostaghasi, President, of Mostaghasi Enterprises, Inc., a Tex the „.A. eS. 41 'P It :tt (;\ PATRICIA MICHELLE ZAVODSKY Notary Public ) • f STATE OF TEXAS y Comm, Exp. 12-19-2011 ••• 1M, NIF •Ir CERTIFICATION Corporation, on behalf of / Notary Public 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. AGREEMENT EXHIBIT B - 7 3 - (Date) -oo ure w+ Eri el aaa.. .ura Io Ulr'In,t'r�i. ma e r +mv tm ar_ -__® TORKi Ilkar n nei°t5PM° `"' 1" 'Witner,IN 33 We rt CS N19TFS THIS AREA mteG i+mr .rx,r sir ,mx v 4Me rm1F r itt tOh r L[0te�pfil 25 20 1.5 10 0S0 GREEK 3.00 0'S0 CREEK .•Oy rt�a+r mn91t314 Ar (EL a. GSM TiatiamaT M.2.3.0.1., 41.1041.tri war. 1.1. 2* E+00 5.00 5.00 7.00 8.00 9.04 10+00 II 00 5.00 r�..,ia.o-at —7* ___-.` !MTV B' M1 iafrt.nmAia PV Aar.z n �. m'uwa 4°10 SC 76- 06.3A 8' VC 5SP to-: ' m s 41PVC ----1,V. PROP. S. rormNA5 00 0 0.i7J 1 mr ra .a 23 20 • PVC SS BASS & WELSH ENGINEERING ne ere0rennw Na. a-sx, JOU 7. N..Aew SPffi71 7*8005 0+r9,71. t1X.t5 rr.P4 IHPROVEHEN7S TO RANCH LAKE UNIT 2 C0RPV5 CHRISTI, NIIECES CO.. 7x SANITARY. SEVER AND YATER PLAN AND SANITARY $£1128 PROFILE AGREEMENT EXHIBIT C ra,a,.ac- amt nosrm 711u151 .w. 0P_ .7_ala g, 8/30/2011 RANCH LAKE UNIT 2- OFFSITE WASTE WATER REIMBURSEMENT ITEM NO. ITEM QTY: UNIT UNIT PRICE AMOUNT 1 Demo/Disposal of Concrete Walk 2000. SF 2 Replace Concrete Walk 2,000 SF 3 8" PVC Pipe 248 LF $3.90 55.25 $29.00 $7,800.00 $10,500.00 57,192,00 4 FO Manhole 4' Diameter 1. 6 Trench Safely for Off-Site SS • Remove & Replace 6" Water line as Necessary for Off- Site SS 248 LF 54,200.00 50 LF 7 Traffic Control/Lane Closure/Sidewalk Closure LS 510.00 $90.00 $4,375,06 $4,200.00 52,480.00 $4,500.00 $4,375,00 SUBTOTAL 541,047.00 MAXIMUM AMOUNT REIMBURSEABLE Engineering_ and Surveying 10% SUBTOTAL 34,104.70 545,151.70 ess pee Value of Property -$7, 7.52 TOTAL $37,374.18 171,1F1 . ITEM - . I_ 1 —r----AMOUNrn' 1 50% x FEE VALUE OF PROP x AVERAGE PPE DlAM. 0,5 x 7,777.52 x fi= . $31,110.081 AGREEMENT EXHIBIT D -75- ■ 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 Ranch 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. SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 2ofv 2. PLANS AND SPECIFICATIONS a. The Developer/Owner shall contract with a professional engineer, acceptable to the City's Developrnent Services Engineer, to prepare plans and specfications 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-fod diameter fiberglass manhole; 3. Remove and replace six-inch water !ine as necessary for off-site sanitary sewer line; b. The Collection Line Extension must begin at the southeast pro rty 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 Detait 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, Deve evohaDonqui[e and dedicate to the City the required additional utility easements "Easements", if necessary for the ccmpletion 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 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 15 OF THE ESSENCE. Time is of the essence in the performance ofthiscontract. 7. PROMPT AND GOOD FAFTH ACTIONS. The parties shall act promptly and in good faith in performing theirduties 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, LAKE UNrT21RAmCH LAKE UNIT 2-SANITARY SEWER COLLECTION —77— SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 3 of 9 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/Owner. 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. KADEVELOPMENT SERVICESIREEMBURSEMENT AGREEMENTSIRANCH LAKE UNITZRANCH LAKE UNIT 2-SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENTDOCX -78- SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 4 of 9 2. Refuse to record a related plat or issue any ce ificate 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 Iaw or equity for such defau 10. FORCE MAJEURE. a. The term "force nn ' ne' as employed in this Agreement means and refers to acts of God; strikes, \ockoV1o, or other industrial disturbances; acts of public enemies, insurrections; hots; epidemic; Iandslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party clai the inability. b. If, bv reason of force m j ura.odhe[poMxisrenderedvvho|ho[parUa|k/uneb|ahomarryout 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 justifiabie reason for delay. The obiigations of the party giving the required notice, to the extent effected by the force m jeure, 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 ali reasonabie dispatch. 11. NOTICES. a. Any notice or other cornmunication required orponnh1adtobegivenundarUlis Agreement must be given to the other Party in writing at the following address: 1. If to the DeveIoper/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 Ponta{ Service, First Class MaU, Certified, Return Receipt Haques1ed, 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 nfthis section. LA mRANCH LAKE UNIT 2-SANITARY SEWER COLLECTION LINE EXTENSION —79— SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 5 of 9 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 KADEVELOPMENT SERVICESIREIMBURSEMENT AGREEMENTS \RANCH LAKE UNIT2IRANCH LAKE UNIT 2-SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENT.DOCX -80- 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, (III) 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. K:IDEVELOPMENT SERVICESIREIMBURSEMENT AGREEMENTSIRANCH LAKE \RANCH LAKE UNIT 2- SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENT.DOCX -81- 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. KADEVELOPMENT SERVICESREIMBURSEM.ENT AGREEMENTS \RANCH LAKE UNIMRANCH LAKE UNIT 2-SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENT.DOCX SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 8 of 9 Developer/Owner: Mostaghasi Enterprises, Inc. 8026 Bar le Doc Drive Corpus Christi, Texas 78414 4 r By: Hossein ostaghasi, Developer/Owner THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Hossein Mostaghasi, Developer/Owner, for Miostaghasi Enterprises, Inc., and acknowledged before me on . day of Morth> 20a_. Notary Public, Sta Texas PATFICIA KELLEY MY COMMISSION EXPIRES June 14,2013 KADEVELOPMENT SERVICESIREIMBURSEIvIENT AGREEMENTSIRANCH LAKE UNIT21.RANCII LAKE UNIT 2-SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENT.DOCX -83- 0 CITY OF CORPUS CHRISTI: ATTEST: By: By: Armando Chapa City Secretary THE STATE OF TEXAS COUNTY OF NUECES SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Pasc 9 of 9 Ronald L. Olson City Manager 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 NUECES This instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi, Texas, and acknowiedged before me on the, day of , 20_. Notary Public, State Of Texas APPROVED AS TO FORM: This day of )4;j2t) , 20/2-- 1114 0g1720 Lilia K. Castro, Assistant City Attorney For the City Attorney KADEVELOPMENT SERVICES \ REIMBURSEMENT AGREEMENTARANCH LAKE UNIT2\RANCH LAKE UNIT 2.SANITARY SEWER COLLECTION LINE EXTENSION AGREEMENT.DOCX -84- STATE OF TEAM COUNTY OF NuEOES 4 WE, MOSTAIIHA51 ENTERPRISES. INC, HEREST GRATirr THAT WE ARE THE DANFERs OF ME LAND STABRACED WORN THE BOUNDARIES or THE FOREGOIRD PLAT, SUBJECT TO A LEN pi FAVOR OF THAT 1111 NAYE RAO SAID LAND EURPETED AND SuRPAADED AS SHEATH, THAT Sit.AiN AND EAsEMENTS As 5140201 HAW eux trwounom DEDICATED, OR IF NOT PRENTOUSLT 114011011TE0, ARE ETEREffr DEDIDATED 70 THE Rump USE FOREVER. AND TTIAT NIS PIAT WAS 12/05 FOR ME, PURPOSES OF DEsDENR044 AND DEREATIoN, DI& TER. DAY 01- , 211 HOSSEIN 14071TA51AST, PRESIDENT STATE OF 'RYAS 5 Down", <10 NUECES 5 TIM INSTRUMENT WAS ACIKNOWLEDOSS IST 2045144 MOERAENASI. PREMENT OF MOSTA:MASI ENTERPRISES, WO, ORS THE OA? OF , 2o . MONO' PUDUC 84 MO FOR ME sTATE or TEXAS STATE OF 05205 500057415 HoEcES 1, NOM Et WELSH, REGISItsiai PROFESSIONAL 111.140 SUForfOR of fiASs & num EN05E00040. HEREBY CERT*? MAT Pre foRED0940 PLAT WAS. PREPARED 00044 A 5/15/50 MADE ON 17.10 GROUND UNDER 44? DIRSCTION, is ERIK AND CORRECT AND TRAP WE NAVE DEEN OWED To SET ALL LOT CORNers UPON COMPLETION DF SLIDEAVIS0P4 CONSOluCTION impiloyDAENTS Williata DELAY, THIS THE DAY Dr_ . 20 11000 M. WELSH REZISTERFD PROFMSIONAL LAND SUNvEYOR, 1TYAS 111J1.190I 22 I 1 STATE or Tams =ART 00 00110071 5 I 1, DAVID L NESBITT. t/DENsED sTATE LA5I0 SURVEYOR, NAVE ODERIONEL) DT MUD oessINAnati F THAT THE cmcnchrr 001.1140ARy OF 000 GREEN sNOWN 014 Tips FLAT, IS 1115 smAt AS THE CRADissit 5011140/057 12 OETERIANIED fl( DEORCE PYLE. LS.L...S., AS SHOWN IN ME TEXAS OENERAL LAND winos 141JE0717 =LINT,' ROLLED SNETON 500. DATED. ALICOST 24, 1005 MO Is pie TRUE E.,71 AND CORRECT mummy rori nits sulioniisicti As OP A0011 1, 2011. 1 nos TNE 1147 00 20 CAM L 500501 1100415E0 STATE LAND worm, ri NOT/)S' 1. THE 1/1110 011201152525, AS OSP/DIED. is A, 0051505040540 054 THE MANS ORDINANDE AND M SINUECT To coLANDE As 1101 7.0015010107 WARM. 2. ME dItoEPAND. WATER EOR PE =N14 WATER RUNOFF Mom EFS PROPERTY & TNE ow CREEK. DIE n02 HAS NOT ciL.NosnED THE .40500I5 tot USE FOP RIE OSO caltsicauT fr 4$ Rectimitizto AS AN EmAROMENOLLy 54243142 AREA, 155 oso 511010 mows DiREOrty Dm Tos 050 DAT. ME 1000 lus CCASSIFTED IRE swam LIFE usE FOR THE otio DAY AS TENCEPTIONAL" ARO 'MIER wATERs. AND 001E004511ED 7115 RESOLING WATER AS -CONTACT REOTRATTON 11Sr. 3. /RE 0/04507 isitE ElEy IN 001/11 1* (r.... IRA* 10 17.27) MD oxo, Tr AMORE/NO 10 505W/501 PANEL No. 481$404 087O0 MR /400000 5004108, TEMS, IIN84....ftA,P.A.TED ARCO, REAM JUNE 4. 1557, 1I4E FE1,1A FLOotwow AND FLoopwAy FRINOE ME. As INOtATED ARE 11404 *EVA 175000 DOUNDAR? AND FLOODWA? UN, FOR WU= cotanY, MIAS: 11140DOPPoRATED ARSAR, 5541481/1110 PANEL I/O. 405404 (MR LIAP REAM" JUNE 4, 1057. 4. FOGRO 0/0" 1.11.00 AT NI 51101100 1419550 DNEPR= NOTED, 5. ME aAsjs of oFARTNIAI 14 1140 505400 WEST NOUNDAAR LINE or ME TARES UNIT 12 ANO EAST 1110111-05-1420 UNE Or solGoosol ROuLLRARD. SAID 0014404 UNE NoNc 120' EAST OF AND PARALLEL TO 1115 02104014 wEsr 01214E-0fy01oy DEE OF IND 80144105/l EDULEWOD AWII Ensr DOITNIRRY IINE Of THE SUSIKIT TRACT, S10814'00'5, AS SNOW004, 8. FRNATE DArtswr AcCESS ORM Y10454/0001.1 TrouLEVARO IS PRORENTED, 7. 100115 /445 00 KNOWN IMTURAL WATER DOOM JOIRSOICTIONAL WETIANDS, 151110O0055 SPECIES 11494001, sTATF Or MINNERGED LANDS, OR OHM& DUNED DR 11414 Ant D. 1110 IRE IS WI TONE .0-10" ONE PAmty {RARING. [ O. Mt FPoSTOD FLOOR ELEPATIoN 1/444_ OE A MINIMUM or k7.27'. PLAT OF RANCH LAKE UNIT 2 A 5.003 /ONE IRACT OF LAND, WIRE OR MS, 00141 A Par1014 OF LOT 7, SECOON 14, 001400MN DOWNY LANDS, A MAP OF 0/1401 02 RECORDED M 71, 'A', P. 48. MAP RECORDS, NUEcEs colony, TE0A0 CORPUS CHRISTI, NIECES COUNTY, TEXAS BASS & WELSH ENGINEERING FIRM NM 7-22, 3054 2, ALAMEDA ST CORPUS CHRISTI, TEXAS /0404 4.P11 2 5 KT.; DATE marts. 4,50451 COPP, Rao PLAT. -510-1115 AS PLAtioeti .1120 NIL MATO 004.104, At SNORT PLAT sCAtE. . Atr WeEET 0 Cr STATE OF Miss s CDUNTy of Plums S wE, MAME% NEREEly 001115!Y THAT WE ARE THE HoinERS Cr A 11E44 opt THE LAND INEIRACRD WI1500 ME DOUNDARIES or ME FORELMIND kmm AND 174AT WE APPticAtE THE SunOS/MOH AND DEsirtATION Pori THE purrosER ARD 00113DEPAIIII043 THERON EXPREsSED, an 551,5. !min Or TERAs 17 colony Cr NUELIN 1440 iNsTnumENT WAS ACHNOwLEDGED BOONE ME SY 47114 00 This TI4E-- DA? OF 20 4). FICMARy FRIBLIC AND FOR THE STATE 04 TIDOAS STATE Or OEMS f 0005411 OF HUMES f THE MAI FRAY Of THE HEREIN DEScRisED PROPERTY WAS 1.54514E00 Gs DEPARTstENT OF DEvELopmENT sunAcEs Of THE or( Or coppu$ CHAIM mos. 41.004 Timms% at„ 00500,011441155 sERoDes ENGINEER DATE STATE OF TOG% 5 ComiTY or mums 9 1110 FINAL HEAT OF THE 51024504 DEsOPIRED PROPERTY WAS ARMORED 0? THE MANNING 000a40005 OP TIPE Ors or coRpOS CHRIS -P. TEXAS, 11110 1114 _DAN Or 20 11450/0444 SEEDN.TAtot 01.108 GARZA MUHL 5. SAMARA ALCM. STATE OF TEXAS 0 'COUNT? 10 NUEDM I, DIANA BARRERA CLERK 054 000 COUNT? COURT 114 Mo. FOR SAID COUNTY, Do Iilintre comrt TIMS THE FOREGOING INSTRUMENT 09150 1115 - IRAr OF 20 Wini 1454 DErmECATE or AUTHENTEATENA WAS FILED foil RE0005 IN OFETCE 11/5 040 OF 20 AT Ontotix .14 400 omit 02000110 10E DAY OF 20 AT O'CLOCK .44. 444 niS HAM RECORDs Or SRA MANY 114 VOLUME PACE INSITHAIENT NumBER WINESS my HAND AAP SEAL CP THE COUNTY =RE IN AND FOR MO 500507 AT WIDE IN EoRPUS CHRISTI, NUE= 0009110', TERAS, ntIE DA? AND YEAR LAsT winos 88 DEPOY DIRRA, DARRERA. CLERK cowry colard MIMES =ROY, TEXAS AGREEMENT EXHIBIT A PAGE 1 of 2 -S2'15' 27. 25' /CP1541110 STREET RE11.151.1 CL YORKTOWN BLVD. CO 7 PENA ZENE 17. 07, 20' PUDUC ROAD CLOS€5 Celt COUNCIL, URN NO. 1.1( 1' NEW iv. 05, P. /97 5 19% 15 R. S73' 52' 39' W 329. PR' . FE N10" 04' 52' W 1212 CREEK N1" 43' 01' W 104. 55' 0 O' 60' Net ' 07' 57' Er 56. 59' SCALE' GO' F110 ZONE ea (EX11x_ LIS -5 ',CDC NI" ID.7" W 50. 22' - GRADIENT =mow LIM or DSO CREEP AS neprzuvrn DY YNC GENERAL 5,0111 OFFICE PURSUANT DO r..KrItg onte,U5u- 29,1903 ACCORGHIG TO 0050, ooc. 1.03, DANN, PLAT OF RANCH LAKE UNIT 2, CONTINUED CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING FIRM 140, 1-52, 3054 S. ALAMEDA ST, CORPUS CHRISTI, TEXAS 70404 AGREEMENT EXHIBIT A PAGE 2012 DATE PUNTED 4gE1/11- CONK NEU KAT -S05 -01D PLAT.DPG ..xua Mu, stN_E. *2 S1415*0 PLOT SCALE, . SKEET 2 OF ID 1,r15.59. R.1004. 00' 1,529 99. L.259. 50.19' L4'4 '5 01.250 CO' ® 9.10. OP' 91' L.15. di, 50.S37. ID' 279 r11.11. s*'..' 0.5. 02. 1..7. 00' CD.99A4 31,9 04.7. 09' (7)1 1.rocr..ir R.1.090. MT 91' 5.155.59" 04.S19.12.4,..E 04*153,94' 17 Furovar 15*NDA9Y 9. D5. P. 197 1. op. K NNE 92 EL 15,95* APPLICATION FOR WAS E 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 Sltry g, as shown by the cost supporting documents attached herewith. 71/ Hossein Mostaghasi, President THE STAIE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 1\imemixr 2. (Date) 20jL by Hossein Mostaghasi, President, of Mostaghasi Enterprises, Inc., a Texas Corporation, on behalf of the al' 4714 .111 ..., ▪ \ MICHELLE ZAVODSKY Notary Public V t PA i my CoSmTAmTEExOpF,T1EXA2-19S. 2011 Nr ■•• CERI ICATION Notary Public in and for Nueces County Tex 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. AGREEMENT EXHIBIT B — 8 7 — (Date) r,., telint7i:4"" `CL YORK? DN. BLVD. Tiniaakt `—' {'^FsW^.... 1 rmnaXOnw, 'i --• it _ .id^r-amu .--a.-_ "_ — ;?-T.---c4:77-5'1'7.7-27::' a-_3 13m L611'601 114191B — __ PRGPrPK Antamc attl 2. IRANI M aow1,ta a 5041 n, AC 5349E W SeMC 41 140.1El 191; . PLoHn c. 1.00 2, 2 2*00 050 CREEK~ 010 ... ASO CREEK 3.04 OO :ua2°ip•_^3r X00 5' ....h.. e+e M/ is[uolhm m am °. 6.00 00 9500 9 PK kT t0. e4 LIMIT Crt 00 V 90 rnr PROP. B' PVC S 2 AP.tt — ..�.. a: -`j PROP. 8' PN.'. SS ' .: AY PROP, g PDC SS PROF II E - SANITARY' SEWER LINE A' {RANCH 1 AXE DR S 190000OWNBLVD 25 15 ''✓, j ^warm PVC SS 8A55 de WELSH EN0INEERINiC c¢xrtaY49 • . 7-5Y.,.354 s "A.* sO[[r CQAPYS OA05 5v.s 00«04 IMPROVEMENTS TO RANCH LAKE UNIT 2 CORPUS ERR ST I. NUECES CO., TN SANITARY SEWER AND HATER PLAN AND SANITARY SEDER PROFILE AGREEMENT EXHIBFT C • 17 RANCH LAKE UNIT 2- OFFSITE WASTE WATER REIMBURSEMENT ITEM NO. ' ITEM 1 Demo/Dispose! of Concrete Walk 2 Replace Concrete Walk 8" PVC Pipe 4 FG Manhole 4 Diameter CITY: 2000 2 000 248 UNIT SF LF 8/30/2011 UNIT PRICE AMOUNT $3,90 $7,800.00 $5.25 $10,500.00 $28.00 $7,192.00 1. $4,200.00 Trench Safety for Off-Site SS 248 Remove & Replace 6" Water line as Necessary for Off- 6 Site SS 7 Traffic Control/Lane Closure/Sidewalk Closure IF 50 LF LS $4,200.00 $10.00 $2480.0 $90.00 $4,500.0 $4,376.00 $4,375.00 SUBTOTAL $41,047. Enginearing and Surveying ID% SUBTOTAL M UM AMOUNT REIMBURSEABLE T M NO. 1 $4,104.70 $45,151,7 ess Fee Value of Property -$7,777.52 TOTAL $37,374.18 ITEM 1 15D% x FEE VALUE OF PROP x AVERAGE PIPE DIAM. AMOUNT 6.5 x 7,777.52 x 8= 531,110,08 AGREEMENT EXHIBIT D -89- 9 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: March 29, 2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floydsacctexas.com 361-886-2603 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: o Not Applicable X Operating Expense o Revenue o 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 / Expended Amount This item $2,714 $10,855 $13,569 BALANCE $1,873,303 $0.00 $1,873,303 Fund(s): Police General Fund -93- 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 re for the first time and passed to its second reading on this the —R day of ?2v , 2012, by the following vote: David Loeb John E. Marez Joe Adame Chris N. Adler Kelley Allen Larry Elizondo Priscilla G. Leal 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 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 , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: Lisa Aguilar, Assistant City Attorney for the City Attorney Joe Adame Mayor 10 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: April 2, 2012 TO: Rcnald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb@cctexas.com; 826-3729 Amending the Capita Improvement Budget Appropriation of Funds for American Bank Center Loading Dock CAPTION: A. Ordinance approving ondopprophmUngUle transfer of $75,000 from No. 1130 Arena Facility Fund to and appropriating in the No. 3274 Arena Type A C|P Fund for the preliminary investigation of the American Bank Center Loading Dock; amending the FY 2011 - 2012 Operating E}Wdget, 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 i ation 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. -99- 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: o Operating o Revenue X Capital o Not applicable Project to Date Fiscal Year: 2011- Expend itures 2012 (CIP only) Current Year Future Years TOTALS Line Item Budget 75,000 75,000 Encumbered / Expended Amount This item 75,000 75,000 BALANCE 0 0 Fund(s): Type A Sales Tax Comments: At this time staff is requesting $75,000 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 -1 0 0- 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 minaiy 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 CIP 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: Armando Chapa City Secretary APPROVED as to form: 06-Apr-12 11S/5\M(AX/4 By: Veronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor 041712 ORD App $75k into No. a274 Arena Type A CIP Fund for Loading Dock Prelim Investigation v.2 -1 0 1- Page 2 of 2 The foreringprdinan7s read for the first time and passed to its second reading on this the 'day of , 2012, by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott David Loeb 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: 06-Apr-12 By: Veronica °canes Assistant City Attorney for City Attorney Joe Adame Mayor 041712 ORD App $75k Into No. 3274 Arena Type A CR Fund for Loading Dock Prelim Investigation v.2 -1 0 2- 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 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 N 029135 is amended to increase expenditures in the amount of $75,000. ATTEST: Armando Chace City Secretary APPROVED as to form: 06-Apr-12 By: Veronica °canes Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor 041712 ORD Amending FY 2012 Cap Imprvmt Budget to add ABC Loading Dock v.2 -103- Page 2 of 2 The foregoing din n was read for the first time and passed to its second reading on this the 1-7t-Vay of , 2012, by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott David Loeb 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 Lany 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 Attomey 041712 ORD Amending FY 2012 Cap Imprvrnt Budget to add ABC Loading Dock v.2 –104– project councilexhibits \exhE12016. dw SHIP CHANNEL VICINITY MAP NOT TO SCALE PROJECT #E12016 AMERICAN BANK CENTER- LOADING DOCK CITY COUNCIL. EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: loft -105- 11 SEE ITEM NO. 10 12 DATE: TO: AGENDA MEMORANDUM for the City Council Meeting of March 27th , 2012 March 151h, 2012 Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, Reee Director of Water Operations gustavogo@cctexas.com 361. 826.1874 Lease agreement with Girl Scouts of Greater South Texas CAPTION: Ordinance authorizing the City Manager, or designee, to execute a Lease Agreement with Girl Scouts of Greater South Texas for the use of a 76-acre tract adjacent to Lake Corpus Christi through December 31, 2041; and providing for publication BACKGROUND AND FINDINGS: The property has been owned on a long-term basis by the City of Corpus Christi and leased to the State of Texas. It has been under sublease from the State of Texas by the Girl Scouts of America as Camp Greenhill. It is a 76.0 acre ranch located southwest of Park Road 25 adjoining the southeast and southwest sides of the Lake Corpus Christi State Park and the east side of Lake Corpus Christi, This Girl Scouts of America leased property has 76.0 net usable acres in total being made of two adjoining tracts of 38.0 acres each. These properties are currently under a month-to-month lease agreement. The camp has been improved over the years with roadways, restrooms, dining halls, swimming pools, and various facilities mixed into a relatively unspoiled ranch for camping experience. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This lease agreement conforms to City Charter requirements EMERGENCY / NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: El Not Applicable ip Operating Expense X Revenue 0 CIP Fiscal Year: 2011-2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item 1.00 1.00 30.00 BALANCE Fund(s): Water Comments: The annual lease price of $1.00 will be a revenue to the Water Department. RECOMMENDATION: Staff recommends approval of this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement Approvals: Lisa Aguilar, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager Ordinance authorizing the City Manager, or designee, to execute a Lease Agreement with Girl Scouts of Greater South Texas for the use of a 76- acre tract adjacent to Lake Corpus Christi through December 31, 2041; and providing for publication Be it ordained by the City Council of the City of Corpus Christi,-Texas: SECTION 1. The City Manager, or his designee, is authorized to execute Lease Agreement with the Girl Scouts of Greater South Texas for the use of a 76-acre tract adjacent to Lake Corpus Christi. k copy of the contract shall be filed with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. 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. This contract takes effect on the 61' day following City Council approval, That the foregoing ordinance was r.90 or the first time and passed to its second reading on this the r( day of Weili , 2012, by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo Priscilla G. Leal ctLta 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 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 , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: :(A-,-t Lisa Ag IW r, Assistant City Attorney for the City Attorney Joe Adame Mayor LONG TERM LEASE AGREEMENT GIRL SCOUTS OF GREATER SOUTH TEXAS THE STATE OF TEXAS § COUNTY OF NUECES § • WHEREAS, the City of Corpus Christi has certain lands adjacent to its water rese rvoir located on the Nueces River near the City of Mathis; and WHEREAS, portions of said land are intermittently used in connection with said reservoir, and request has been made for use of portions of said lands by Girl Scouts of Greater South Texas, and such use will be subordinate to the use by the City of Corpus Christi of said lands. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the City of Corpus Christi, hereinafter referred to as "City," acting herein by and through its City Manager, for and in consideration of the agreements herein contained by the Girl Scouts of Greater South Texas, a Texas nonprofit corporation, hereinafter referred to as "Lessee," do hereby enter Into the following lease agreement: 1. DESCRIPTION OF PREMISES. The City of Corpus Christi, subject to the terms and conditions set forth herein, does hereby lease to Girl Scouts of Greater South Texas, the following described land and premises: A 38 acre tract of land, more or less, located adjacent to the water reservoir of the City .of Corpus Christi formerly owned by the Lower Nueces River Water Supply District, south of the City of Mathis, Texas, and being the same tract referred to as "First Tract" in Lease Agreement dated April 10, 1958, between the City of Corpus Christi, The Lower Nueces River Water Supply District, and State Parks Board of the State of Texas; and additionally, Approximately 38 acres located adjacent to and north of the present Girl Scout Area; Beginning at the northwest corner of the Kate Jones Tract described in Volume 105, Page 153, of the Deed Records of San Patricio County, Texas; THENCE N 34°42'E, a distance of 200 feet to the point of beginning of the tract herein described on the east line of said tract; CADocuments and Settings1Leas PeacocklMy DocumentslCamp GreenhlIkeaseAgreernent-Gi Gouts 2.doc —117— 2 THENCE N 34°42'E. a distance of 800 feet to the northeast comer of this tract; THENCE N 47°43'30"W, a distance of 1,816 feet to a point for . the northwest comer of this tract; THENCE S 34°42'W, a distance of 1,040 feet to a point on the west line of this tract; THENCE S 55°18'E, a distance of 1,800 feet to the PLACE OF BEGINNING; Containing approximately 38 acres of land. ("Premises" or "Leased Premises") 2. TERM. This Lease shall be for an Original Term beginning sixty (60) days after final approval by City Council and expiring on December 31, 2041(approximately thirty years). 3. RENT, 3.1 Amount. Rental for the Leased Premises shall be paid in annual installments and shall be the sum of One Dollar $1.00 per year, the receipt and sufficiency of which are hereby acknowledged. 3.2 As additional consideration for this Lease, Lessee agrees to construct improvements at the Leased Premises and maintain them in good condition, with annual value of improvements and maintenance to be at least $12,000.00 per year, adjusted annually by the Consumer Price Index. • 3.3 As additional consideration for this Lease, Lessee agrees to allow Lessor free use of the Premises and Improvements at the Premises for Lessor-sponsored events, on mutually agreed upon dates, for a maximum of four events per year. 4. USE OF PREMISES. 4.1 Use. It is agreed that the Premises shall be used for no other purposes than for the recreational activities of Girl Scouts of Greater South Texas, Lessee herein, and the activities sponsored by Lessee for the benefit of the public. 4.2 Improvements. It is further agreed and stipulated that Lessee may erect on such Premises such buildings as it may desire to erect for the purpose of carrying out and aiding the recreational activities of Lessee, provided, however, that no such building shall be erected without the prior written approval of the Director of Water Operations CADocurnents and SettingslLea Peacock\My Dacuments1Camp GreenhlIRLeaseAgreement-GlrlScouts 2.doc —118- 2 1 1 8- 3 for the City of Corpus Christi, and no such building shall be erected that would interfere in any manner with the ingress and egress to said Premises by City, its agents, and employees, in carrying out such municipal purposes for which said Premises .was acquired; and, it further being understood that City shall not be liable in any respect for any taxes incurred by said Lessee as the result .of building and erecting structures of other improvements on said Premises, and Lessee shall pay such taxes before they become delinquent, if any are assessed. 4.2.1. Before constructing any improvements, Lessee must have an assessment of the septic tank system and its ability to treat increased flows. 4.2.2 Lessee shall have the plans and specifications for the improvements prepared by state-licensed architects or engineers. LESSEE shall submit a copy of the plans and specifications to the City Manager or designee ("City Manager') for review and approval. If not approved by the City Manager, the City Manager shall furnish his written objections to LESSEE along with the requested changes that will make the plans and specifications acceptable. 4.2.3. LESSEE shall require the contractors who are awarded contracts for construction of the improvements to furnish the following bonds by surety companies authorized to do business in Texas: 4.2.3.1 Payment Bond - A payment bond in the amount of One Hundred Percent (100%) of the contract shall be furnished for the protection of all persons, firms and corporations who may furnish materials or perform labor. The payment bond shall be made with City as an Obligee. 4.2.3.2 Performance Bond - A performance bond in the amount of One Hundred Percent (100%) of the Contract shall be furnished covering the faithful performance of the contract. The performance bond shall be made with City as an Obligee. If the City Attorney determines that Texas law does not require performance bond for the improvements, then . the performance bond requirement is waived. 4.2.4. LESSEE shall include in all construction agreements for any improvements, the following provisions: 4.2.4.1. Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless City and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney =acumen's and Settings\ Lea PeacockWy DocumentslCamp Greenh1111LeaseAgreement-GirlScouts 2.doc —11 9— 4 fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of Contractor, its officers, agents, employees, subcontractors, invitees or any other person, arising out of or In connection with the performance of this agreement, and Contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi from any and ail such claims and demands. 4.2.4.2. In any and all claims against any party indemnified hereunder by any employee of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose 'acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workman's compensation or other employee benefit acts. 4.2.5. LESSEE shall also require the contractors, in all LESSEE construction agreements for the Improvements to furnish insurance in the amounts specified in the attached Exhibit and include in all construction agreements for the improvements the following language: "Prior to commencement of any activity on City of Corpus Christi's property, Contractor shall purchase and maintain during the term of this contract, at its own expense, hereinafter stipulated minimum insurance with companies duly authorized to do business in the State of Texas. Contractor shall not allow any subcontractor to commence work until all similar insurance of the subcontractor has been obtained. All insurance policies provided under this Agreement shall be written on an 'occurrence' basis." "It is agreed by all parties to this Agreement that the insurance required under this Agreement shall: a. Be written with the City of Corpus Christi and LESSEE as an additional insured on applicable policies and that the policy phrase "other insurance" shall not apply to the City of Corpus Christi where the City of Corpus Christi is an additional insured shown on the policy. b. Provide for thirty (30) days notice of cancellation to the City of Corpus Christi, for nonpayment of premium, material change or any other cause. CADocuments and Settingslea PeacocklMy Documents\ Camp GreanhlIALeaseAgreement-GlriScouts 2.doc -1 20- 4 0 5 c. Be written through cOmpanies duly authorized to transact that class of insurance in the State of Texas. d. Waive subrogation rights for loss or damage so that insurers have no right to recovery or subrogation against the City of Corpus Christi, it being the intention that the required insurance policies shall protect all parties to the Agreement and be primary coverage for all losses covered by the policies. e. Provide a Certificate of Insurance evidencing the required coverages to: Donna James-Spruce Risk Manager City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78489-9277 Gustavo Gonzalez, P.E. Director of Water Operations City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469-927T 4.2.6. LESSEE agrees that all work to be performed by it or its contractors, including all workmanship and materials, shall be of first-class quality and shall be performed in full compliance and in accordance with all federal, state and local laws, ordinances, codes and regulations, and the work shall be subject to City inspection- during the performance thereof and after it is completed. However, the City shall have no duty to inspect. All proposed improvements at the Premises must be reviewed and permitted through City of Corpus Christi Development Services. 4.2.7. LESSEE shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of LESSEE as such obligations mature. LESSEE expressly agrees that it will neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien upon the CITY's property or upon any improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's •or rnaterialmen's lien against the City's property or improvements thereon, and LESSEE shall discharge that lien within thirty (30) days after notice of filing thereof. 4.2.8. All plans and specifications referred to above and all construction upon the City's property shall comply with all applicable federal, state or municipal laws, C:1Documents and Settingslea PeacocklMy DocumentsICamp GreenhIneaseAgreernent-Gincouts 2.doc —121- 5 1 21 - ordinances, rules, regulations and requirements. During the progress of all work, City's duly authorized representative may enter upon the premises and make such inspections as may be reasonably necessary for the purpose of satisfying CITY that the work or construction meets the requirements or standards. 4.2.9. Before any work on City property' begins, LESSEE shall present the City Director of Engineering, the City Risk Manager, and the City Manager with evidence of Contractor's insurance coverages, and City building and construction permits. 4.2.10. The complete cost of developing all necessary plans and specifications and the cost of construction of the improvements by LESSEE shall be borne solely by LESSEE and be at no expense to City whatsoever. LESSEE shall pay all taxes, special assessments, or levies, if any, assessed during the term against or relating to the improvements, including ad valorem taxes pursuant to the Texas Property Tax Code, if any, until ownership of the Improvements is transferred to the City at the end of the term of this Agreement. 4.2.11 Any warranties given to the LESSEE regarding the improvements shall be transferred and assigned to City at the same time as the improvements are transferred to the City. 4.2.12. In the event of damage or destruction to the improvements, City shall have no obligation to repair or rebuild the improvements or any fixtures, equipment or other personal property installed by LESSEE. However, if said damage or destruction occurs prior to City's acceptance of the improvements, any insurance proceeds from any casualty loss shall be applied to the repair or rebuilding of the improvements, which will be the extent of LESSEE's obligation for repair. 5. INSPECTIONS. 5.1 Lessee must conduct an initial inventory of all improvements on the property and deliver to City of Corpus Christi Real Estate Section within 90 days of the execution of the lease. 5.2 Lessee must have a professional engineer or sanitary engineer conduct an inspection of the septic tank or tanks and drainfield biannually and provide a written report to the Director of Water Operations. The first inspection and report must be provided by October 1, 2012. Thereafter, a new inspection and report will be provided by Lessee each six months. 6. TERMINATION. 6.1 Termination with cause. In the event of Lessee's breach of any provision of this Lease, Lessor shall provide Lessee with written notice of the breach, and give CADocuments and SettingslLea Peacock\My DocumentskCamp GreenhililLeaseAgreernent-GlaScouts 2.doc —1 22- 7 Lessee thirty (30) days to cure. If the breach remains uncured, then Lessor may terminate this Lease by providing Lessee with written notice of termination. 6.2 In the event that a court finds that this agreement is not in compliance with applicable Federal, State of local laws, then the parties agree to terminate this lease within sixty (60) days of court ruling and renegotiate new agreement with terms that are mutually satisfactory. 6.3 In the event Lessee ceases to utilize the Premises for its intended purposes for period of one year or longer, then the Lessor may terminate this lease after providing Lessee with thirty days written notice of default and opportunity to cure. t CONDITION OF LEASED PREMISES. 7.1 No Warranty. LESSOR GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE PREMISES OR ANY IMPROVEMENTS THEREON, INCLUDING NO WARRANTY FOR HABITABILITY OR FITNESS FOR A PARTICULAR USE. 7.2 Improvements. It is agreed that Lessee, subject to the prior approval of the City Manager, shall have the right from time to time at its sole cost and expense, to construct on the Leased Premises such buildings and other improvements, as deemed necessary for the purpose of conducting Lessee's activities, the complete direction and control of which shall be the responsibility and prerogative of the Board of Directors of Lessee. 7.3 Permits. Any permit for improvement to the property under this Lease Agreement must comply with the terms of this Lease Agreement, and all applicable City, State and Federal laws, codes and regulations. 7.4 Maintenance. Lessee agrees to keep, repair and maintain any and all structures in place, erected, or caused to be erected or placed on the Leased Premises in good condition and appearance, and further agrees to keep said Premises in neat and clean condition, including prompt removal of all trash, litter, debris and junk. 7.5 Failure to Maintain. In the event Lessee shall fail to keep said Premises and improvements in a mariner acceptable to the City of Corpus Christi, then the City Director of Water Operations, after reasonable notice, shall have the power and express authority to cause or require the Premises to be cleaned, cleared or mowed, and Lessee expressly authorizes the cost of any such cleaning, clearing or mowing to be added to the annual rental payment with interest at the rate of six percent (6%) per annum, beginning thirty (30) days from the date on which the work was completed, until such cost is paid in full. CADocuments and Sattingslea Peacock\My Documents\Camp GreenhilkeaseAgreement-GinScouls 2.doo - 1 2 3 - 8 88; LIMITATIONS OF LESSEE IN LEASED PREMISES. 8.1 Reservations. Lessor, its agents and assigns, reserves the privilege and right at any time to execute and deliver valid oll, gas, and other mineral leases upon the Premises, valid right of way easements for gas, oil, or water pipelines, telephone, cable electric or other utility pole transmission lines on said Premises, or any part thereof, and in such event, this Lease Agreement shall be subject and subordinate to the rights, terms, and privileges of any such oil, gas, and other mineral lease or such easements as may have been executed heretofore or hereafter by Lessor, its agents or assigns. 8.2 Easements. An easement across the Premises is hereby retained by Lessor for the purpose of laying sewer and water lines and/or for necessary rights-of- way for roads, alleys, or other throughways. 8.3 No Assignment or Subletting. Lessee will not assign or sublet this Lease Agreement, in whole or in part, without the written consent of Lessor. 8.4 No Encumbrances. Lessee shall not have the right to encumber the Leased Premises without the prior written consent of the City Council. 8.5 Lessor's Right to Enter. At all times, Lessor or its agents shall have the right to enter said Premises during reasonable hours for the purpose of examining and inspecting the same and determining whether Lessee shall have complied with all of its obligations hereunder In respect to all the terms and conditions of this Lease Agreement. When camp is occupied Lessor or agent shall immediately report to GSGST representative upon entering Premises. 8.6 This Lease shall be subject to the continued uses by City of said Premises as a part of a municipal water supply system, including the use thereof for the drilling of wells and the production of water, gas, and other minerals therefrom. 8.7 This lease shall also be subject to all outstanding agreements heretofore executed by the former Lower Nueces River Water Supply District and City, and the uses and activities by the Lessee shall be subject at all times to the uses by City, its agents, and employees of such Premises for the municipal purposes for which said property was acquired. 8.8 City reserves all oil, gas, uranium, lignite, and other mineral interests, together with the right of ingress and egress for the exploration, development, production, transportation, and processing the products hereof, in, under, or concerning said Premises or any part thereof, which the City or its assigns have or may have. 8.9 City also reserves the right to use said Premises as an evacuation area in case of disaster or enemy attack. CADocurnents and Sattingslea Peacock\My DocumentslCamp GreanhlilleaseAgreement-GidScouts 2.doc —1 24- 8 4- 9. DEBTS RELATED TO LEASED PREMISES. 9.1 Taxes. Lessee shall pay and discharge ail taxes, general and special assessments, and other charges of every description which during the term of this Lease Agreement may be levied on or assessed against the Leased Premises and all interest therein and all improvements and other property thereon, whether belonging to Lessor or Lessee, or to which either of them may become liable. Lessee shall pay all such taxes, charges, and assessments to the public officer charged with the collection thereof not less than fifteen (15) days before the same shall become delinquent, and Lessee agrees to indemnify and save harmless Lessor from all such taxes, charges, and assessments. 9.2 Incidental Charges. Lessee shall pay or cause to be paid all incidental charges, including, but not limited to, permit fees incurred In connection with its operations and use of the Leased Premises. 9.3 Utilities. Lessee shall pay or cause to be paid all charges for water, sewer; gas, electricity, trash pick-up, cable, and any and all other utilities used on the Leased Premises throughout the term of this Lease Agreement, including any connection fees. The City of Corpus Christi reserves the right to request that the water well be metered to record water consumption. If the water well is used for irrigation or gray water, pumpage must be limited as directed by the City Director of Water Operations or his designee. Lessee remains responsible to test water quality at the Premises to insure quality meets applicable Federal, State, and local standards and regulations. 10. COVERAGES. 10.1 Indemnification, 10.1.1 General Indemnification. Lessee agrees to indemnify, defend, and hold City of Corpus Christi, its council members, board and commission members, officials, agents, guests, invitees, consultants and employees, hereinafter called "Indemnitees," free and harmless from and against any and all claims, demands, proceedings, suits, judgments, costs, penalties, fines, damages, losses, attorneys' fees and expenses asserted by any person or persons, including agents or employees of Lessee or City, by reason of death or injury to persons, or loss or damage to property, resulting from or arising out of, the violation of any law or regulation or in any manner attributable to any act of commission, omission, negligence or fault of Lessee, its agents or employees, or the joint negligence of Lessee and any other entity, as a consequence of its execution or performance of this Contract or sustained in or upon the Premises, or as a result of anything claimed to be done or admitted to be done by Lessee hereunder. The Lessee shall fully indemnify, save, and hold harmless the Indemnitees against any and all liability, damage, loss, claims, demands, and actions of CADocurnents and SetUngslea PeacocklMy DocumentslCamp GreenhillleaseAgreament-GlIScauts2.doc —1 2 5 10 any nature whatsoever on account of personal injuries, including, without limitation on the foregoing, workers' compensation and death claims, or property kiss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, the use of these Premises and Improvements unless such injury, loss, or damage shall be caused by the sole negligence of Indemnitees. Lessee shall, at Lessee's own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. Lessee shall assume full responsibility for the safety of all persons and property using said Premises, including without limitation Lessee's guests, invitees, employees, and licensees. This indemnification shall survive the term of this Contract as long as any liability could be asserted. Nothing herein shall require Lessee to indemnify, defend or hold harmless any indemnified party for the indemnified party's own gross negligence or willful misconduct. 10.1.2 Prospective Application. Any and all indemnity provided for in this Contract shall survive the expiration of this Contract and the discharge of all other obligations owed by the parties to each other hereunder and shall apply prospectively not only during the term of this Contract but thereafter so long as any liability (including but not limited to liability for closure and post closure costs) could be asserted in regard to any acts or omissions of Lessee In performing under this Contract. 10.1.3 Retroactive Application. The indemnity provided for in this Contract shall extend not only to claims and assessments occurring during the term of this Contract but retroactively to claims and assessments which may have occurred during the term of previous agreements between City and Lessee.. 10.2 Insurance. Lessee shall comply with all insurance requirements in the attached Exhibit. 11. SURRENDER OF PREMISES. 11.1 Restoration. Within thirty (30) days after the expiration or termination of this Lease, Lessee agrees to quit and surrender the said Premises in as good state and condition as the reasonable use and wear thereof will permit, and in such case, Lessee may remove all the personal property owned by it on said Premises, provided that removal will not destroy the Premises, or that any such destruction shall be repaired at Lessee's cost within thirty (30) days of removal. • Mocuments and Settingalea Peaco I My DocumentsCamp GreenhlIALeaseAgrearnent-GldScouts 2.doc —126— 11.2 Delivery. Lessee agrees to promptly and peacefully deliver possession of the Leased Premises and improvements to Lessor upon termination of this Lease Agreement. 11.3 In no event shall Lessor be required to reimburse Lessee for improvements which remain on the Premises or expenses incurred by Lessee in connection with removal of the improvements. 11.4 Abandoned Property. All items of personal property and the current improvements owned by Lessee remaining in or on .the Leased Premises after the expiration of sixty (60) days following the termination of this Lease Agreement shall be deemed abandoned by Lessee and shall become the property of Lessor. 12. MISCELLANEOUS. 12.1 Invalid or Illegal Provisions. If any clause or provision of this Lease Agreement is illegal, invalid, or unenforceable under present or future laws effective during the term of this Lease Agreement, then and in that event, it is the intent of the parties that the remainder of this Lease Agreement shall not be affected. It is also the intent of the parties to this Lease Agreement that in lieu of each clause or provision of this Lease Agreement that is illegal, Invalid, or unenforceable, there are added as a part of this Lease Agreement a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible to be legal. 12.2 Terms of the Essence. IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES HERETO THAT EACH AND EVERY TERM, STIPULATION AND RESTRICTION CONTAINED HEREIN IS OF THE ESSENCE TO THIS LEASE AGREEMENT, THE VIOLATION OF WHICH SHALL ENTITLE LESSOR, AT ITS OPTION, TO TERMINATE THIS LEASE AGREEMENT. FAILURE TO EXERCISE SUCH OPTION AT ANY TIME SHALL NEVER BE CONSTRUED AS A WAIVER OF ANY CONDITION OF THIS LEASE AGREEMENT. 12.3 Remedies. 12.3.1 Upon Termination. Any termination of this Agreement shall not relieve Lessee from the payment of any sum or sums that then shall be due and payable to Lessor hereunder, or any claim for damages then or theretofore accruing against Lessee hereunder, and any such sum or sums or claim for damages by any remedy provided by law, or from recovering damages from Lessee for any default thereunder. 12.3.2 Cumulative Remedies, All rights, options, and remedies of Lessor contained in this Lease Agreement or otherwise shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the CADocuments and Settingslea PeacocklMy Documents\ Camp GreenhillteaseAgreement-GldScouts 2.doc —1 2 7 12 right to pursue any one or all such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Lease Agreement. 12.3.3 Reimbursement of Lessor's Expenses. Lessee shall pay on demand all of Lessor's expenses including, but not limited to, attorney's fees and court costs incurred in enforcing any of Lessee's obligations under this Lease Agreement, which include, but are not limited to, collection of annual rental fees and collection of utility payments, taxes, and other legitimate assessments. 12.4 No Waiver. No waiver by Lessor of a breach of any of the covenants, conditions, agreements, or restrictions of this Lease Agreement shall be, construed or held to be a waiver of any succeeding or preceding breach of the same or any other covenant, condition, or restriction herein contained. 12.5 Notices. Any notice or demand that either party desires or is required to be given by this Lease Agreement shall be in writing and shall be deemed sufficient if sent by United States certified mail, return receipt requested, postage prepaid to the following: If to Lessor: If to Lessee: City of Corpus Christi Attn: City Manager P.O. Box 9677 Corpus Christi, Texas 78401 City of Corpus Christi Attn: Director of Water Operations P. O. Box 9677 Corpus Christi, Texas 78401 GIRL SCOUTS OF GREATER SOUTH TEXAS Attn: Chief Executive Officer Harlingen Service Center 202 E. Madison Harlingen, Texas 78560 12.6 Amendments. No modification of this Lease Agreement shall be binding unless it be in writing and executed in due form by all of the parties hereto. 12.7 Easements and Restrictions. Lessee takes this Lease Agreement and the Leased Premises subject to all recorded easements and restrictions affecting the occupation and use thereof, and subject to all statutes, ordinances, and regulations of CADocumants and Setfingslea Peacock\ My Docurnents1Camp GreenhIll‘LeaseAgreernant-GIncouts 2.doc —1 2 8— 13 • competent governmental authority affecting the occupancy and use thereof, and the construction and maintenance of improvements thereof. 12.8 Relationship of Lessor and Lessee. The relationship between Lessor and Lessee at all times shall remain solely that of Landlord and Tenant and shall not be •, deemed a partnership or joint venture. 12.9 Headings. The paragraph headings contained herein are for convenience and reference and are not intended to define, extend, or limit the scope of any provisions of this Lease Agreement. 12.10 Interpretation. This Agreement shall be construed in accordance with the laws of the State of Texas. 12.11 Anti-Discrimination. Lessee agrees that it will not violate any federal, state, civil rights, or discrimination laws. A finding of violation of any such laws by a trial court or appropriate state or federal agency is a material breach of this agreement which may result in the termination of the agreement or such other remedy as Lessor may deem appropriate. 12.12 Compliance with ADA. Lessee agrees to comply fully with the provisions of the Americans with Disabilities Act and to make any and all displays, events, or Activities on Leased Premises accessible to individuals with disabilities. 12.13 Hold Over. it is distinctly understood and agreed by and between Lessor and Lessee that any holding over by Lessee of the herein demised Premises after the expiration of this Lease Agreement shall operate and be construed only as a tenancy from month to month, terminable at the will of Lessor. 12.14 Compliance with Laws. Lessee further agrees, and it is part of the consideration hereof, to obey any and all rules and regulations enacted by City governing the activities of persons, boats, etc:, on Lake Corpus Christi adjacent to the Premises and for the protection of the waters of said Lake from contamination as a water supply reservoir of the City of Corpus Christi, Texas. Lessee shall comply with all applicable Federal, State and Local laws and regulations. 12.15 Venue. Venue for any disputes regarding this lease shall be the courts of Nueces County, Texas. 12.16 Entire Aoreement. The Lease Agreement constitutes the entire agreement between the parties hereto, and Lessor is not bound by any agreement, stipulation or representation made by any agent, employee, or official of Lessor, 12.17 This Lease Agreement was executed in duplicate originals. C:\Documents and SedingsILea Peacock\ My DocumentelCamp GreenhIllleaseAgreament-GldScouts 2.doc —1 29- 14 ATTEST: LESSOR: CITY OF CORPUS CHRISTI By: Ronald L. Olson, City Manager Armando Chapa, City Secretary Approved as to Lega form: ?'I6 , 2012 By: NA/ Lisa Aguilar, Assistant City Attorney for City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of , 2012, by Ronald L. Olson, City Manager for CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas =ammonia and Settingslea PeamdAMy Documents\Camp GreenhIllleaseAgreement-GfriS adac —130- 14 1 3 0- LESSEE: Girl Scouts of Greater South Texas By: Velma' Stouieti Deborah Branch Chair of the Board of Directors THE STATE OF TEXAS § COUNTY OF CAMERON § This instrument was acknowledged before 2012, by Deborah Branch as Chair of the GREATER SOUTH TEXAS, a Texas corporation. MARIO GARCIA Notary Public, State of Texas My Commission Expires March 19, 2016 15 me on the /11 day of 71/Anc4 Board of Directors of the GIRL SCOUTS OF non-profit corporation, on behalf of said Notary Public, State of Texas C:\Documents and Settingstea Peacock\My DocumentsCamp GreenhilileaseAgreement-GirtScouts2.doc —131— INSURANCE REQUIREMENT EXHIBIT I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. Lessee must fumish to the City's Risk Manager, 2 copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability ,5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 COMBINED SINGLE LIMIT Property Coverage WORKERS' COMPENSATION EMPLOYERS L ABILITY Lessee will be responsible for any and all damage to property or equipment used regardless if owned, rented, leased or borrowed. Applicable for paid employees, WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $500,000 /$500,000 /$500,000 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. II. ADDITIONAL REQUIREMENTS A. Applicable for 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 °Mlle . 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. AD notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager and Water Dept. Director 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 with the City, with the exception of the workers' compensation policy; • 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. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Girl Scout Lease of 76 Acres at Lake Corpus Christi Cety 01 Car His Chr stl Ckrfl nt Conuis Christi. On July 21, 1992, City Council approved a 17 year Lease Agreement with Paisano Girl Scout Council for use of 76 acres of land at Lake Corpus Christi, -Camp Greenhill. In 2007, the Paisano Girl Scout Council was realigned into new Greater South Texas Girl Scout Council, which covers area west to Laredo, north to Victoria, and south to Brownsville. • New lease will have term of'approximately thirty years, expiring December 31, 2041. Girls Scouts maintain and improve the property, and the property is available for City use up to 4 events per year. • Terms of lease is $1 per year. • Girl Scouts must construct an annual value of improvements of $12,000 increased each year by the CPI index. • May be terminated if the courts find the lease not in compliance with any Federal, state or local laws. 0) c0 1' 13 NO ATTACHMENT FOR THIS ITEM 14 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: 4/2/2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, PE, Interim Director of Engineering Services danh@cctexmg.cVm'828-3729 Public Hearing and Ordinance Imposing Assessments and Liens A. Public Hearing on proposed assessments on improvements (Construction of a Sound Wall Structure on Public Right of Way) on Flour Bluff Drive. B. Ordinance closing the public hearing on proposed assessments for improvements to the following highway in Corpus Christi, Nueces County, Texas: • Flour BIuff Street Improvements: construction 0fa sound wall structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive imposing assessments totaling $33.508]68 against property abutting the fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessrnent amounts and the corresponding Iiens and charges based on as-bui!t 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 BIuff 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 ocnaaions, 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 timoao, 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 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 Fenceoreta Wall. The owner will pay for the improvements through the City's normal assessment process for city constructed improvements. This will include: • Being assessed at 100% the cost of the vvaN, minus the City's contribution for minimal attenuation measures. -147-- • 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. 1. Do riot constructthe sound waH. 2. Construct the sound wall, but do not require an assessment from the property owner. OTHER CONSIDERATIONS: This work wifl be changed order to the existing contract with the Haas Anderson Construction, who is the contractor for the Flour BIuff Drive Improvement Project to expedite construction anci 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 Resorutions introduced April il 10, 2012 (Action Agenda April 17, 2012) * Holding a Public Hearing (Future Agenda A il 17, 2012 / Action Agenda April 24, 2012) � Closing the Public Hearing and adopting the preliminary assessment role (Future Agenda April 17.2D12/ Action Agenda April 24.2U12)' -' - • 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 Conforms to statutes regarding the Assessment process. EMERGENCY / NON-EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable —148— 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 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 -149- \Mprofect\councilexhibits \exh6498b. dwg (.00'9 Phoee t — Flour Bluff Drive PO to Graham Phase 2 — Flour bluff Drive him to Don Potrielo ps) /2/ 12/ 434 /). LOCATION MAP PROJECT #6498 & 6499 NOT m SG+4L£ Flour Bluff Drive, Phase 1- South Padre Island Drive to Graham Phase 2 - Graham to Don Patriclo 15 © CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIS71, TDfi4S EPARTUNT OF ENGINEERING SERVICES PAGE: 1 of 1 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 fixngtcorresponding 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 comer 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 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 Scum:Mall Assessment closing public hearing- no emergency -152- Page 3 of 5 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. 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 ORD No i Soundwell t closing public hearing - no emergency -153- Pagp4of 5 or sale of the Property ssessed In the rilPorlOr 0rOVIded by law for sale.° -property for municipal ad valorem faxes. Further1 the assessments mAYbe',0240-00-0)6h6 With interest, --eXPeriSeS cbilettion, and- i-easonabie attorney& fees. ATTEST: Armando Chapa City Secrete - APPROEDaS to form-. 0 - 13y-: Vero ,nica Afostr ty Attorney 1.ty" Attorney ' 041712 ORD No 1 'Soundwail AssetsrnOntolosing pubtici)earin -eirr ov e..0 Pv4!.eliR14Tt: Joe Adarne Mayor -1 54- NOTICE OF PRO -OSED ASSESSMENTS Sound Wall it 11our Bluff Driv� ad Cornerstone Drive Flour Bluff Drive Phase 1 and 2, ;PLD to tai Patricia PR 6498/6499 ConstruetiOn of Sound Wall — approximately 215 lin* feet (FEK ECJTEJ at the corner .of FlOuraluffDtive ttp4 Cornerstone-Drive. i The 'assessment rate fbr this tOVeniotillS1()()Watia-.1ias been -calcUlated'in-acco 4 c, with, the city's cutrent El$SC$$Matit 13CilicY 4 the ' - - . r an - , . _ e estimate-submitted by Anderson Co Jiie, The assessItiont rates aro us 'follows; Item Price Plus neerin rat 75 LINE' 'PEET ENCECRET •,500411fall As4e$3,ment Rates ACWa1 Cost toltblilliqprOpeiVolviter S-85.0 per LE $85.49 per L. Total Pried' Change 'Order Pa 11 $.4,209,64 Preliminary Assessment Amount to be ehargedlo the abutting propem owner 235 . $85A9 per L.17 City Share Cost minimal attenuation $-6,700.00 Daniel Biles„ P. E., Interim Director, Department of Engineering Services City of Corpus Christi EXHIBIT A.. —155— JTY N SPATEMi RE: PRELIMIN MW ASSE$SMIiNT ROLL, Sound Wall at Flour Bluff Drive and COrtiorstone Drive: Flour Bluff1Drive Phase l'Mid to DonTatricio PR-6498/6499 My - mime is Dante Biles. 1 am the Interim Director of Engineering Services and City Engineer for th, City of Carpus Christi and have erved in this capacity for the last months and as Assisiam City-Engineer for the hist20'montha. I am a Professional Engineery.licensed,by the State of Texas since 2008.1 have over 20 Years Of eXPerionee in design of con*netion and estimating the costs therea, 1 dm itrwt1i this project -whichene pages:: Sound Wall at Flour Bluffrnive and Cornerstone Drive _ Flour Blu DtivP1 1 MA 2 S.P.1.D. to Don Patricio PR 6498/6499 The project consists of construetion of 275 linem feet of FENCEC plans and called for in the specifiations . as ‘VII On Funds to finance the project are available in the FY 2011 - 2012 Street Improvement gmm. Priorto this hearing, 1 had an estimate of project costs prepared, and the -costs are true and aceurate Thi s projet is estitnated to start in April of 2012 Witb with enrnPietion in May 2012. Daniell:3110S, P. , Interim Director Department of Engineering Services City of Corpus C}iristi Re: PRELJMJNARV ASSESSMENT ROLI Sound Wall at Flour Bluff D-rile And nenersten,e Dri_ve Flour BluffOrive Phase 1-and 2, STI.D, to Don Petiole PR 6498/6499 My name is Eusebio Garza, 111 and am a State Certified Residential Real Estate Appraiser and have been evaluating property and real estate for the Y ofcorpus Christi since 1998, Ihave experience in appraising both commercial and residential properties, and I am rand liar with the real estate market in Corpus Christi, , - I ant familiar with the sound wall to be constructed at Flour BluffDriveand Cornerstone Drive, and 1 am familiar with " the improvements to be made by e City ofCci us Christi, I have reviewed the project, assessment roll; and -personally reviewed the parcel ef land to be assessed. In my Opinion this parcel will be specifically benefited by the itnpitftfrient to be -assessed 'against without regard to the community benefit. In addition, it is my opinion that the parcel will be specially enhanced by the iinprovementatleast to the extent of the assessment stated. usebio Garza, 111 Date Manager, Property & Lan Acquisition Department of Engi neering Services' City of Corpus Christi 15 SEE ITEM NO. 14 16 AGENDA MEMORANDUM for the City Council Meeting of A h|24'2O12 DATE: 3/29/2812 TO: Ronald L. Olson, City ^Manager `^. FROM: Daniel BUas. P.E., Interim Director of Engineering Services dan cmn820-3729 Michaei Morris, Director of Parks and Recreation michaelmo@cctexas.com; 826-3464 Approval of Construction Contract: Corpus Christ Beach P rd Extensuon 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$403,2734G for the Corpus Christi Beach Promenade Northward Extension for the Base Bid. PURPOSE: To award the construction contract for the Corpus Christi Beac Northward Exte sion for the Base Bid only to H20 Construction Services, inc. of Corpus Christi, Texas. BACKGROUND AND FINDINGS: This project iGmbJudst area improvements p jectVvhichoVnsiatsofconotructonVfapproomabak/41.O0D8F 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 inciudes the promenade improvement consistin approximately 1.00DSFnf1O'wide concrete sidewaik (Promenade), 975 SF of accessible beach matting, educational a' ns, 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 tabies along the sidewalk/promenade complete with concrete pads and the addition of two concrete pads at existing shade structure canopies. _165_ 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) H20 Construction Services, Inc. Corpus Christi, TX $403,272.46 $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 H20 Construction Services, Inc. as recommended. 2. Award Base Bid plus Additive Alternate 1 to H20 Construction Services, Inc. 3. Award Base Bid plus Additive Alternate 2 to H20 Construction Services, Inc. 4. Award Base Bid plus Additive Alternate 1 & 2 to H20 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: CIP Fiscal Year: 2011-2012 Project to Date Expenditures CIP onl Current Year Future Years TOTALS Line Item Budget $121800.00 $478200.00 $0.00 $600000.00 Encumbered / Exsended Amount $121,800.00 $0.00 $121800.00 •MESIIIIIIIMIll .. • ■ ■ . — $403,272.46 — — MIIIMIIMIE $403,272.46 BALANCE .- _—_, — I ■ o■■ . vars an ecrea ion uonci 003 anci 1 exas 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. -1 66- RECOMMENDATION: City Staff recommend the contract be awarded to H2O Construction Services, Inc. of Corpus Christi, Texas, in the amount of $4 03,272.46 for the Base Bid only. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET CORPUS CHRISTI BEACH PROMENADE NORTHWARD EXTENSION Project No. 3393 April 24, 2012 FUNDS AVAILABLE: Parks and Recreation CJP (Bond 2008) Parks and Recreation Grant FUNDS REQUIRED: Constructiori (H20 Construction) Contingencies (10%) Consultant Fees: Consultant Architects) * Materials Testing $ 500,000 $ 100,000 $ 600,000 403,272.46 40,327.25 61,925.00 8,065.45 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 11.089.99 Engineering Services (Project nstr Mgt/Traffic Mgt) 14,114.54 Construction Inspection 14,114.54 Finance Issuance 5.040.91 Misc. (Printing, Advertising, etc.) 2.016.38 TOTAL $ 559.966.49 ESTIMATED PROJECT BUDGET BALANCE 40,033.51 * 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. -168- LOCATION MAP NOT TO SC4LE A PROJECT # 3393 VICINITY MAP NOT ro SC4LE EXTEND PROMENADE NORTHWARD ON CORPUS CHRISTI BEACH CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1of1 NNW UM ItoW -16 17 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: 3/26/2012 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services EddkeO@octexaa.Con1 361-820'3284 FROM: Rudy Bentancourt, Interim CD Administrator RudyB@cctexas.com 861'836-3021 Resolution adopting the FY2012-2013 Consolidated Annual Action Plan, authorize the execution of documents necessary to amend the CAAP if required and authorize the execution of funding agreements of approved projects. CAPTION: A. Resolution adopting the FY2012-2013 Consolidated Annual Action Plan which includes the Community Development Block Gront, Emergency Solutions Grant, and HOME Investment Partnerships Programs, for submission to the U. S. Department of Housing and Urban Development ("MUD"); authorizing the City Manager or designee to execute all documents necessary to amend the CAAP if required by HUD; andauthorizirig the City Manager ordesignee to execute funding agreements with organizations for approved projects upon the future acceptance and appropriation of FY2012-2013 CAAP funding from HUD. BACKGROUND AND FINDINGS: The City of Corpus Chrrsti is required to receive comments on the proposed FY2Q12-2D1OCAAP for mt least 3O days. Comments received will be included in the submitted CAAP to HUD. The FY2012-2013 CAAP identifies projects/activities that will be assisted, housing activities to be undertaken and the programs and resources (federa|, non-federal, public and private) that will be utilized to support those activities. The City of Corpus Christi has received its aflocation forthe FY2012-2013 CAAP Program. The allocations are: $2.592.315—Community Development Block Grant (CDBG)-11%reduction from FY2O11-2012 $ 264,533—Emergency Solutions Grant (ESG)-78% increase from FY2011-2012 $1.03U,O75— HOME Investment Partnership Program (HDK8E) -38Y6 reduction from FY2O11-2Q12 In addition to the allocation, reprograrnmed funds and program income wH! also be included in the total amount of funds available as noted in the attachment. The FY2012-2013 CAAP is projected to be submitted to HUD on June 13, 2012 for review and approval for implementation during the fiscal year beginning August 1, 2012 and ending July 31, 2013. -173- Attached is a listing of FY2012-2013 CAAP projects/activities that were considered for funding at the public hearing on April 17, 2012 for the CDBG, ESG and HOME Programs which require your consideration and approval, ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Public Hearing is required per HUD Regulations, EMERGENCY / 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 / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends adopting the FY2012-2013 CAAP for Community Planning and Development Programs, authorize the City Manager or designee to submit the FY2012-2013 CAAP to HUD, authorize the City Manager or designee to make changes to the CAAP if required by HUD, and authorize the execution of funding agreements for approved projects. LIST OF SUPPORTING DOCUMENTS: Attachment "D" Resolution 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 -174- Resolution adopting the FY2012-2013 Consolidated Annual Action Plan ("CAAP"), which includes the Community Development Block Grant, Emergency Solutions Grant, and HOME Investment Partnerships Programs, for submission to the U. S. Department of Housing and Urban Development ("HUD"); authorizing the City Manager or designee to execute all documents necessary to amend the CAAP if required by HUD; and authorizing the City Manager or designee to execute funding agreements with organizations for approved projects upon the future acceptance and appropriation of FY2012-2013 CAAP funding from HUD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council adopts the FY2012-2013 Consolidated Annual Action Plan ("CAAP"), which includes the Community Development Block Grant, Emergency Solutions Grant, and HOME investment Partnerships Programs, for submission to the U, S. Department of Housing and Urban Development (11HUD"). Additionally, the City Manager or his designee is authorized to execute all documents necessary to amend the CAAP if required by HUD and to execute funding agreements with organizations for approved projects upon the future acceptance and appropriation of FY2012-2013 CAAP funding from HUD. ATTEST; Armando Chapa City Secretary APPROVED: March 26, 2012 41Ir9 ding Elizipth R. Hundiey Ass tent City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHres311 CAAP Adoption FY1213 20120 26 Page 1 of 2 -175- Corpus Christi, Texas day 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 EHres311 CARP Adoption FY1213 20120326 Page 2 of 2 —176- 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 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 $60,000 $200,000 $200,000 $420,027 $420,027 — 7— ,z= 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) for 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. $323,296 $323,296 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 5 Rehabilitation Loan Program. Services include collection loan payments, escrowing of insurance and property taxes, paying of insurance and property taxes, Tax Form 1098, preparing end of year escrow analysis, daily posting of payments, and providing release of liens on loans that are paid off. 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 6 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 ADA Improvements in CDBG Areas This grant request addresses design and construction of approximately 4,600 7 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. Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of 8 accumulation of litter 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. 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 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. $85,877 $85,877 $792,115 $600,000 $200,000 $200,000 $20,000 $10,000 -178- 2 I 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 walls 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 Ilghting, 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. 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. 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. 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. 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. $188,895 $520,000 $700,000 $12,500 $75,000 $188,895 $300,000 $500,000 $12,500 Lit fiTt Ekyk. kr 79- 3 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. 15 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) 16 17 18 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 will 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 deleted. 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 trail 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, -180- 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. Total City Projects 5 8 $5,538,164 ,201,951 -182- 6 'y•.,;"�,"� ` ��'S3` emu- rix. "L'?' -,» a i� '''r `+�. `f's"'% *'a.:3 k .4{�$J ..�j € 5� i 4k� _ �6� __f R%�A��Y •'t11 w.`. `e ti x` �`�'^, Sit''r, A�.i 1�, .s'£ -.,'v "i'rt"'!i4Yx 'PSt. -� {..,i`yy^.. ",-u N�p �3 M a �5'. �W'..S .x4?�.ye \ R €s�, 2 $may +w. 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 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 /b /a/ 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 improvements. Nueces County Community Action/Weatherization /Minor Home Repair Approximately 27 homes occupied by very low income households will benefit from minor rehab and weatherization (energy efficiency) activities, including ADA Agency is leveraging Program with $632,627 DOE/LIHEAP funds $80,000 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 $743,000 -182- 6 ' .4" kf" '�' �°•x.� p�+AY`^a��d.£-n�- �.W` fi -� i�ti2 "aT �) �S"�e FR �F�'V* �7i. Pig � ` � �T..hx'y.`�' k' - g 10 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, walk- in showers and related accessible modifications, Capital Contribution $0 $100,000 11 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, recreating stucco and doors, replacing one exterior door and glazing in five exterior doors to improve secu rily. Capital Contribution $ 2,010 $69,000 12 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 $49,999,99 Total Non - Profit $1,449,643 $803,643 Total CDBG Funding $6,987,807 $4,005,594 -183- 7 1N7: - itri-474VOIV.A1:3V, 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 our homeless mothers and their dependent children (8 to 12 Clients) REASON: Ineligible to use CDBG funding for new construction housing $150,000 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 I Southmoreland Addition Area Street Improvements Part 4 Eligible Area 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 drainage and utilities for Phase 3B & 4B . Part 4 is the fourth portion of the project t residents. This project consists of construction of a 28 foot back to back street pavement , curb, gutter, sidewalk, ADA requirements, driveways, underground non-existent. This project will provide accessibility, underground storm water drainage, and upgraded utilities as well as improve the quality of life for the This project is a neighborhood improvement project. This low income residential area is in great need of street improvements and pedestrian amenities which are n n ISouthmoreland 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 $116,463 TOTAL INELIGIBLE $539,300 $657,100 $1,462,863 • ■ ■• -184- 8 RECOMMENDED FY2012 ESG PROGRAM FY2012 Emergency Solutions Grant Allocation ATTACHMENT "D" $264,533 T185- 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 $T50,flflfl $6fl,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 Catholic Charities of Corpus Christi Funding requested for the ESG Activity Component of Homeless Prevention -Case Management and short- and medium -term rental assistance 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 $25,000 $19,839 $20,000 $19,839 4 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 $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 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 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 T185- 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 w 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, contracting, recordkeeping/reporting and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, non-profits, owners/investors of rental property and other organizations that may participate in the program. May include administrative funds for direct operating support for the CHDO's, Major Rehabilitation Provide loans to low income homeowners to assist them with major rehabilitation of their homes. INTERDEPARTMENT TOTAL 1 1 1 1 4.1-00.j'VVIA*204,40, -.1.411:1-NOtelnaP4 The Palms at Leopard This project will be a new construction of 120 unit multifamily development on +/- 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 U nits 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 hIL.7,r3 0.4.A5N:4. $865,000 $150,000 $248,000 $120,000 $306,000 $300,000 -186- CHDO Total 15% of Allocation $154,601 Subrecipients/Other Entity Total CCCIC Total Total Total Set-Aside to be determined August 1, 2012 $1,263,000 $1,989,000 $2,641,913 $652,913 • 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* 18 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: 3/28/2012 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleoh. Interim Director, Department of Development Services MarkVV@cctexas.com (361) 826-3246 SPECIAL PERM1T 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 Grou Ordinance 029044 be amended by adding a twenty-four (24) month time extension for a previously granted Special Permit. Hannin Commission and Staif Recommendation (March 14, 2012): Approval of the requested S i l 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 Porn1ittom|bowfora12O'unit multifamily residential complex The S ial Permit is set to expire on October 2G.3O12. 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 wiI serve to attract more retail and cornrnercial uses to an area that has few current economic opportunities. The expansion in this area will aid in the reduction of economic blight. ALTERNATIVES: Denlal of the requested Special Perrnit time extension. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The subject p is Iocated in the Westside Area Development PIan (ADP) and is planned for a ight industrial use. Ttie change of zoning to the "B-5" Primary Business District is not consistent with the Westside ADP or the adopted Future Land Use Map. Movvever, the Comprehensive Plan and the Westside ADP nyoomnrnendexpondinBmorneuoeeinurdortoincnamaethadaairabi|itvofneighborhoods. The placement of 3 City Council Executive Summary Memorandum The NRP Group (Case No. 0311-02) Page 2 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 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 udget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION:- Planning Commission and Staff Recommendation (March 14, 2014: 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 CAPROGRAM FILESSGRANICUSILEGISTAR51PACKE11935CITY COUNC1_4_242012600113_10E8184A6-E024425E-90A4-5695599DA255DOC -192- ZONING -' - '-'--'' Case No.: 0311-02 Planning Commission Hearing Date: March 14 2012 06 AppUcant:The NKPGroup ~ � Owner: Steven Halaj uu Representative: George Clower � ca Legal Description/Location: Hawn Tract, Lots D & E, and a portion of Lot C, located between < 13 Leopard Street and Lipan Street along the east side of Palm Drive. 00 LI o ca NJ ce From: "l-3/SP" Heavy lndustrial District with a Special Perrnit To: Special Permit Time Extension Area: 5.2 Acres .� Purpose of Request: Extend the expiration of the Specia Permit for an additional 24 months. co 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 & o o cl "A-2" Apartment House District Light Industrial & Light Industri |& Public/Semi-Public 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 |n zoning to the "8'5" Primary Business District is not consistent with the Westside ADP or the adopted Future Land Use Map. Map No.: 047,044 Zoning Violations: None Staff's Summary: • Requested Time Extension: The purpose of the request is to extend the time limit of the Special Perrnit 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 PaIm Drive are "C1" Minor Collector streets. Street R.O.W. Street Leopard Street Existing Section Proposed Section Urban Transportation Plan Type 2008 Volume 95'R.0.VV,64' paved No Change "Al" Minor Arterial 7,809 Palm Drive Lipan Street 60' K.O.VV,40 paved 60' R.O.W.,40' paved No Change "C[ Minor Collector N/A No Change "Cr Minor Collector N/A KADEVELOPMENTSVCASHAREOVON/�CASES \ 0311-02 THE NRP GROUP.SPnME EXTENSION REQuEsT\0331.02 ZONING REPORT, THE NU GROUP, SP TIME EXT, FOR CC 032612.130C —1 93_ Relationship to Srnart 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 attr ct 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 6k Southeast Area Developrnent 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 neighbcrhoods. 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 contain several platted lots. Department Comments: • While the property is designated with Light Industrial future land use, it is more beneficial to the comrnunity 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. plannkR Commission and Staif Recommendation (March 14,2O22: Approval ofthe requested Special Permit time extension for an additional twenty-four (24) months. Nurnber of Notices Mailed Total —28 within 200' notification area; 0 outsicle notification area Favor — 6 (inside notification area); 0 (outside riotification area) Opposition — 0 (inside notification area); 0 (outside riotification area) For 0% opposed as of March 26, 2011 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership 2. Special Permit Ordinance KADEVELOPM CA5E5'0311-02 THEwRP GROUP,SP TIME EXTENSION REQUEST \ 0311-02 ZONING REPORT, THE NRP GROUP, SP TIMEmc FOR CC 032612.DOC -19 4- k A1td RAFT HAWN T F R S 4S CE I TA NY , EX CASE: 0311 -02 1. SUBJECT PROPERTY Subject Property LOCATION MAP R S - 6 ROSS OEMETARY CASE: 0311 -02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multlfamlly 1 RM-2 Multifamily 2 RM -3 Multifamily 3 oN Professional Office RM -AT Multifamily AT CM -1 Neighborhood Commercial CN-2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial General Commercial General Commercial fntencius Commercial Downtown Commercl& Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy industrial PUG Planned Unit Der. overlay RS -10 Single - Family 10 RS-6 Single- Family 6 R5-4.5 Single-Family 4.5 RS -TF Two- Family RS -15 Single- Family 16 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property Q Owners with 200' buffer In favor 4 Owners wrinfn 200' listed on Ni Owners attached ownership table A In opposition -1 9 6- 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 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 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 t-C.z. 11"Clay of rah Walther Brown Assistant City Attorney For City Attorney , 2012. KADevelopmentSvcs‘SHAREDVONING CASES10311-02 The NRP Group.SP Time Extension Request:10311-02 Ordinan NRP Group, I-3_SP Time Ext FINAL.docx —1 9 8 , The 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. 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, 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 Respectfully, Joe Adame Mayor, City of Corpus Christi KADevelopmentSvcsISHAREDIZONING CASESI0311-02 The NRP Group.SP Time Extension Request10311-02 Ordinance, The NRP Group, I-3_SP Time Ext FINAL.clocx -199- . , 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-3/SP" HEAVY INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT AND TWO (2) CONDITIONS, NOT RESULTING IN A CHANGE OF FUTURE LAND USE; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; 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 1-3/SP" 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 "1-3" Heavy Industrial District, plus the allowance of a 120 unit multi-family residential complex. 029044 HALEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda\4-26-11\The NRP Group (The Palms Leopard)\04.14.11.0311-02 Ordinance (PC Rec 1-3 to 1-3-SP)_1DWBFinal.doc —200— INDEXED 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 arnendment 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 6. 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 so at this orq inance is passed upon first reading as an emergency measure on this .24 day of „,t,6k , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe A me Mayor, City of Corpus Christi APPROVED AS TO FORM: This / day of . 2011 04//c6(4-/ rah Walther Brown ssistant City Attorney For City Attorney HALEG-DIRlShared\LEGAL-DEV.SVCS\2011 AgendaW-26-11 \The NRP Group (The Palms Leopard)104.14.11.0311-02 Ordinance (PC Rec 1-3 to 1-3-SP)_1DWBFInal.doc —201— Page 3 of 3 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. 1/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council, Respectfully, Respecffully, JoeAdfne Mayor, City Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 029044 Corpus Christi HALEG-DIR\SharedIEGAL-DEV.SVCS12011 Agendak4-26-111The NRP Group (The Palms @ Leopard)104.14.11.0311-02 Ordinance (PC Rec 1-3 to 1-3-SP)1DWBFinal.doc —202- Feroa r 14a k Oct MINN CASE: 0311 -02 EXHIBIT.A APPLICANT'S REQUEST FROM: 1 -3 TO: B -5 ORDINANCE NO. -203- wrismilo LIM A 2 itefest Pet aid ;s 4�z ii 4.C.6 LEOPARD ST 10 A $F 8 9 10 4 2 1 A N 1.1 1 R- 8'5 2 3 4 CASE: 0311 RO2 EXHIBIT B PLANNING COMMISSION'S REQUEST FROM: I -.3 TO I -3 /SP ORDINANCE NO.. 1 ' =A A. SUBJECT Race PROPERTY 3 3 PQR7 AV8 8 AND DOOR CO tRAcr Dt,Pi9lGhent of Dov 6 1 PROP Ford tmCnt. SUBJECT PRQPPRTY w LOCATION DR ■ Ch ORGAN cam 19 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: TO: 3/29/2012 Ronald L. Olson, City Manager FROM: Mark Van Vleck.Interim of Developmen Services MarkVV@cctexas.com (361) 825-3246 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. CAPTION: Amending Ordinance No. 028064, with regard to the condition noted at SECTION 2.a., by replacing former Exhibit B with the current Exhibit 6, pages 1 thru 3; and by deleting the last sentence. BACKGROUND AND FINDINGS: The City of Corpus Christi is proposing to amend Ordinance No. 028084 by making the following changes. • Delete the Iastsentence iri Section 2. Paragraph a.; • Ccvnactthamneheoaodboundmdemx|pt|nn|ond • Correct the exhibit ef the pubic access easement. The Iast sentence iri Section 2. Paragraph a. that is being deetec1 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 arid bounds description and exhibit are beng raubodbecoumethemehonandboundusize.dennripUunand exhibhofthmmcnaooeasament(ha(wmsdodipmhadbyOndinance028084.d00000tmabohtheor inance'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 the abandoning 10-fzn wide undeveloped and unsurfaced, dedicated public alley right-of-way, out of Padre Island No. 2, Block 43, Lots 17-13, located adjacentto and northeasl of [he Playa Del Rey pubic right-ofway. ALTERNATIVES: Deny the Request OTHER CON N/A CONFORMITY TO CITY POLICY: These requirements mna|ocompUanoevviWhNheCityofCorpuoChhaU.CodeofOrdinanneSwc.49-13.auamendndond approved on July 13, 2004, by Ordinance No. 025816 —207— Agenda Memorandum Amendment of Ordinance 028064 Page 2 EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: NIA FINANCIAL IMPACT: Not applicable Fiscal Year: 2011-2012 Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Project to Date Expenditures (CIP only) Current Year Futu e Years TOTALS 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 6 pages 1 thru 3) Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Toby Futrell, Interim Assistant City Manager K SDEVELOPMENTSVMSPECIAL SERVICEMILLIE MEDINALALLEY CLOSURESTADNE ISLAND NO 2LPADRE ISLAND NO, 2 -CITY COUNCIL ACTION ITEM CL-79-12) 00ex -208- Page'l .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 Nueces 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 Alien Llzakowski 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:1SharecALEGAL-DEV.SVCS12009 Agenda \2-101ORD-abandon-vaesteROWGulleyEatan-Padre-2rdg continued FINAL.doo —209— Page'2 of 3 Subdivision. (Exhibit B). Sa Id 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. OAS harecilLEGAL-DEV,SVCSl2009 Agendal2-10\ORD-abandon-vawteROWGulleyEaton-Padre•2rdg oNitinued FINAL,doc —210— Page 3 of 3 That the foregoing ordin ce was read for the first time and passed to its second reading on this the day of WO VE *Ida& , 2006, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the forpgoing ordinance was read for the second time and passed finally on this the /9-day of , 2009, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon PASSED AND APPROVED, this the day of Armando Chapa City Secretary APPROVED as to form: February 10; 2009 By ett gjr (2-f6P ssistant City Attorney For City Attorney , 2009. 028064 QAShared GAL-DEV.SVC 12009 AgendaL2-101ORD-abandon-vac,8teROWGulleyEaton-Padre-2rdg continued FINAL doc — 21 1— [S 6" 09' 3D1 2 .751 LOT 13 43 vuor ZOise 1,701.10 S.F. 70 8E CLOSED AND RETAINED AS A 11.E. VlaNTIY HAP LOT 12 77. ;Mae, IM wehIn LM at Own. h Dirt ar'r6i.r flocct Stint ALLEY CLOSURE A =03'10'37' R. 90.00' LA= 4.99' 7 = 2,496 7D L_ Zones LOT 14 A`— 03" 10' 38' R' 90.00' LA. 4.99' T = 1.496' N 21° 13' 30"W 7.B91 00', LA =45.60' 14202 PLAYA DEL REY n: E7f✓<DCF: OF St SHEET SCALE In = 40' 2786.6 S,F., Being the 10' Public Irby Rlght.ct.Wsy between Lot 12 8 Lot 13, Block 43 Padre Island Numbs 2 V. 13, P. 28, (MRNCT), Corpus Chri.U, Husco County, Texas V±SS ENGIINEEERIN'S INS`. -212- p 141 0111e1.1 Proposed Alley Closure flit' Boiwcon Lots 12.13, Block 43, Padre Island No 2 -213- Pr osed C osure Packery Channel Park 14fl0 14i11 f4fl0 10 f429 30 WI? 5 1446 4 mu 9 uns 1 -Ciarth r: Proposed Alley Closure en Lots 12 -13, Block 43, Padre Island No. 2 Raw tac,Arra 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 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. wkJth KALegartSHAREDIEGAL-DEV.SVCS12012 Agenda & NonAgendaTadre Island No. 2 GulleyEaton AmendORD1GulteyEaton- Padre-2rdg Abandon and Vacate13.29-12Gulley Eaton Amending A&V ORD.DWB Fina12.docx —215— 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:11...egal\SHAREDILEGAL-DEV.SVCS‘2012 Agenda & NonAgendaTadre Island No. 2 GulloyEston Amend0RDIGu1leyEaton- Padre-2rdg Abandon and Vacate13-29-12Gulley Eaton Amending A&V ORD.DWB Fina12.docx —216-- That the foregoing ordinance was re d for the first time and passed to its second reading on this the to ". day of /j,j , 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 David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form only this thy of , 2012. For Carlos Valdez, City Attorney borah Walther Bro Assistant City Attorn By: KALegal1SHAREDIEGAL-DEV.SVCS‘2012 Agenda & NonAgendalPadre Island No. 2 GulleyEaton AmendORD\GulleyEaton- Padre-2rdg Abandon and Vacate\3-29-12Gulley Eaton Amending A&V ORD.DWE Fina12.docx —217— 20 AGENDA MEMORANDUM' for the City Council Meeting of April 24, 2012 DATE: 4/5/2012 TO: Ronald L. Olson, City Manager FROM: R. Jay Reining, Interim Director of Munici Courts Margie S. Flores, Presiding Judge Michael Morris, Director of Parks & Recreation Ordinance amendi 2-311. Code of Ordinances, City of Corpus Christi, regarding additionaP ethics standards for the City's juvenile case managers and other individuals subject to the code of ethics Ordinance amending Section 2-311, Code of Ordinances, City of Corpus Christi, regarding additional ethics standards for the City's juvenile case managers and other individuals subject to the code of ethics PURPOSE: Adopt amendments to Code of Ethics to meet requirement imposed by Texas Legislature related to juvenile case managers. BACKGROUND AND FINDINGS: In 2011, the Texas Legislature required the governing bodies of entities employing juvenUeoasemonagarotu adopt reasonable rules for juvenile case managers that provide a code of ethics, and for the enforcement of the code of ethics. The City's current Code of Ethics applicable to City employees, with the amendments included in this proposed ordinance, will provide a code of ethics for the juvenile case managers, as well as other Municipal Court and City employees, and the procedures for enforcing the City's Code of Ethics would apply to juvenile case managers. The proposed ordinance has been reviewed and a by the Ethics Commission. ALTERNATIVES: Adopt a separate code af ethics that would only apply to the juvenile case managers. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Consistent with City policies. -221- EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Adoption recommended by Ethics Commission FINANCIAL IMPACT: Not applicable Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Adoption of ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance -222- Page 1 of 3 Ordinance amending Section 2-311, Code of Ordinances, City of Corpus Christi, regarding additional ethics standards for the City's juvenile case managers and other individuals subject to the code of ethics; providing for penalties; providing for severance; and providing for publication. Whereas, in 2011, the Texas Legislature required the governing bodies of entities employing juvenile case managers to adopt reasonable rules for juvenile case managers that provide a code of ethics, and for the enforcement of the code of ethics; Whereas, the City's current code of ethics applicable to City employees, with the amendments included in this ordinance, provides a code of ethics for the juvenile case managers, as well as other Municipal Court and City employees, and the procedures for enforcing the code of ethics that apply to juvenile case managers; and Whereas, these proposed amendments have been reviewed by and approved by the City Ethics Commission; Be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. Section 2-311, Code of Ordinances, is amended by renumbering existing paragraphs (5) to (24) as paragraphs (6) to (25) respectively, by adding new paragraphs (5) and (26), and by revising renumbered paragraph (13), to read as follows: Sec. 2-311. - Standards. The following rules of conduct apply to all council members, board members, and employees: Special privileges. * (5) You shall maintain appropriate relationships with other officials, employees, customers, defendants, and individuals receiving services from you or your organizational unit, and shall not use your position to engage in any inappropriate personal relationships. * Actions adverse to the city: 42*(13) You shall not disclose information that could adversely affect the property or affairs of the city, except as required by law. 0020_2_48BD3009-3DE9-4599-99EF-476D4525E1389 —2 2 3-- Provisions for employees: * Page 2 of 3 (26) As an employee, you may not violate the confidentiality or privacy of an individual, including a juvenile and adult defendants or detainees or juvenile clients being counseled through a city program, unless it is to seek emergency assistance or consultation services from within the city's program or school campus; the individual has threatened to harm themselves or others; or to provide details of any criminal activity or enterprise. * Section 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Sections 1-6, 2-313, and 2-334 of the City Code of Ordinances. Section 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 0020_2_48BD30D9-3DE9-4599-99EF-476D4525EBB9 —224— Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2012, by the following vote: Joe Adame David Loeb Kelley Allen John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Kelley Alien John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Priscilla Leal Passed and Approved, this the day of , 2012. Attest: Armando Chapa Joe Adame City Secretary Mayor Approved: day of , 2012: Lisa Aguilar Senior Assistant City Attorney For City Attorney 0020_2_48B030D9-3DE9-4599-99EF-476D4525EB89 —225— 21 AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 5/8/2012 TO: FROM: Ronald L. Olson, City Manager Michael Barrera Assistant Director of Financial Services mikeb@cctexas.com Installation of a Split Rear oad Refuse Body and Lift Roll-Off Body CAPTION: RECOMMENDATION: Motion approving the installation of one (1) split rear load refuse body and one (1) lift roll-off body from Heil of Texas of Houston, Texas for a total contract amount of $209,511 of which $3,741.41 is required for FY 2011-2012. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. These bodies are replacements bodies and will be used by the Solid Waste Department. Funds for the lease purchase of the split rear load refuse body and lift roll-off body will be provided through the City's lease/financing program. BACKGROUND AND FINDINGS: This equipment will be used by Solid Waste Department for refuse and recycling operations. The existing bodies have been in service for seven (7) years. Due to metal fatigue and corrosion, the existing equipment has been deemed unsuitable, while the cab and chassis are still in sound condition. Maintenance Services will be responsible for removing the existing bodies and transporting them to and from the contractor. Heil of Texas will mount the new bodies on the Peterbilt 320 Chassis'. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The equipment will be funded for a sixty-month period with an estimated interest rate of 2.75%. The actual interest rate will be determined after the acceptance of the equipment. The -229- estimated annual payment is $44,896.92. Total estimated cost over the sixty-month period, including principal of $209,511 and interest of $14,973.60, is $224,484.60. 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: Solid Waste Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Line Item Budget Project to Date Expenditures (CIP only) Current Year $2,143,417.91 Future Years $220,743.19 TOTALS $2,364,161.10 Encumbered / Expended Amount 1,887,590.86 0.00 1,887,590.86 This item 3,741.41 $220,743.19 224,484.60 BALANCE $252,085.64 0.00 $252,085.64 Fund(s): General Fund Comments: Lease payments are expected to commence on or about July 1, 2012. 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 -230- CFTY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: MAY 8, 2012 H-8AC COOPERATIVE PRICING SPLIT REAR LOAD REFUSE BODY & LIFT ROLL-OFF BODY Heil of Texas Houston, TX Item Description Unit Unit Extended Price Price 1 2O Yard OVrapock400O Split Rear Load Refuse Body, 1 EA $ 158.211.00 $ 153.211.00 Includes installation and testing 2 Heil Nwik Lift C0U2222' Roll-Off Body, Includes 1 EA $ 56.300.00 $ 56'800.00 installation and testing TOTAL: -231- $ 209'511J00 22 AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 5/08/2012 TO: FROM: CAPTION: Ronald L. Olson, City Manager Michael Barrera, Assstant Director of Financial Services (361) 828-3109 Purchase ofTmro(2) Vacuum Trucks RECOMMENDATION: Motion approving the purchase of two (2) vacuum trucks from Houston Freightliner, Inc., Houston, Texas for a total amount of $821.171.32. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H-GAC). All units are replacement to the fleet and will be used by the Storm Water Department. Funding is available in the FY 2011-2012 Capital Outlay Budget ofthe Maintenance Services Fund, BACKGROUND AND FINDINGS: The vacuum trucks will be used by the Storm Water Departrnent to clean and maintain 1250 miles of sewer collection main lines, 6" and larger in diameter. The vacuum trucks will be delivered to the City in the summer of 2012. Local manufacturers' dealers — Corpus Christi Freightliner and Waukesha-Pearce Industries, Inc. will provide warranty support service. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The replacement units are more than twelve years in service. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. -235- EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Storm Water Department FINANCIAL IMPACT: Fiscal Year: 2011-2012 Project to Date Expend itu res (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 $2,532,625.69 $2,532,625.69 This item $62 , 71.32 $621,171.32 $621,171.32 BALANCE $1,388,995.70 0.00 $1,388,995.70 Fund(s): Maintenance Services 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 -236- CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - GABRIEL MALDONADO COUNCIL DATE: MAY 8, 2012 ITEM DESCRIPTION 1. Freightliner 114SD Cab and Chassis with VAC-ALL AJV 1215 Sewer Cleaning Vacuum Body. Storm Water Department 2 Peterbilt 166 Cab and Chassis with VAC-ALL AJV 1215 Sewer Cleaning Vacuum Body. Storm Water Department Award Total QTY. UNIT Each Each PRCIE SHEET VACUUM TRUCKS HGAC CONTRACT: HT11-09 & SC01-10 Houston Freightliner Houston, Texas Rush Truck Center, Houston Houston, Texas Unit Price Extended Price $310,585,66 $621,171.32 $621,171.32 -237- Unit Price Extended Price $358,892.66 $717,785.32 23 AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: 04/12/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Execute an interlocal aqreement with Nueces County to share the JAG grant Submit a grant application to the Department of Justice for the JAG grant CAPTION: A. Resolution aut orizingUhoCdYManaQor.nrdaahJnea.hoexoxuteonintedooai agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local SoIcitatiori. B. Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $169,575 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation; 50% of the funds to be distributed to Nueces County under the established interlocal agreement. Grant funds will be used for the enhancement of Iaw enforcement efforts by the Police Department and NueceoCounty. GROUND AND FINDINGS A. Under the Justice Assistance Grant (JAG) (previously Loca Law Enforcement Block Grant LEBG), we have been declared a disparate jurisdiction and have agreed to split the funds 50/50 with Nueces County. A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and one half times more (four times more for multiple units of local government) than another constituent unit(s), while the ot er unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) must be comp|eb*d, oigned, and faxed to DJP, indicating who will serve as the applicantlfiscal agent for the joint funds. The City and County staff met and agreed that the City will serve as the lead agency, and the Nueces County Commissioners Court approved the inter1oca agreementas well ao proposed expenditures mn April 11.2U12. B. JAG funds can be used for state and Iocal initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the foliowing purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment programs • Corrections and community corrections programs • Planning, evaluation, arid technology improvement prograrns With this award, the program has provided a total of $5,038,791 in grant funds to the City sinc the program bega in -241- 1996. The funds have been used to purchase backbone equipment for the Mobil DatafAutomated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications wan, digital oamerau, nadano, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25 compliance, and other police equipment. The Police Department and Nueces County proposes to purchase law enforcement equipment within the Attorney General Priority areas of gang enforcement/prevention, cybercrime, and intelligence analysis. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to enter into interlocal agreement and submit the grant application. EMERGENCY / NON-EMERGENCY; Non-Emergency NTAL CLEARANCES: Finance — Grants management FINANCIAL IMPACT: Fiscal Year: 2011-2012 Project to Dat Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): PoJice Grants Fund Comments: RECOMMENDATION: Staff recornmends approving the interlocal agreement and submitting the gran application LIST OF SUPPORTING DOCUMENTS: |ntodorm| agreement with NueoeoCounty -242- GMS APPLICATION NUMBER THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEX THE COUNTY OF NUECES, TEXAS S AND EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FISCAL YEAR 2012 LOCAL SOLICITATION AWARD This agreement is made and entered into this day of , 2012, by and between the City of Corpus Christi, acting by and through its governing body, the City Council ("CITY"), and the County of Nueces, acting by and through its governing body, the Commissioners Court ("COUNTY"), both of Nueces County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Governrrient Code; and WHEREAS, each governing, body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY and COUNTY has previously entered into an agreement on July 12, 2011 for disbursement of Fiscal Year 2011 JAG funds which is separate from this agreement; and WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50%) of the JAG funds received from Fiscal Year 2012 award, such fifty percent currently estimated at $84,788; and WHEREAS, the CITY and COUNTY believe it to be`in their best interests to reallocate the JAG funds, GMS APPLICATION NUMBER NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of fifty percent (50%) of the 2012 Fiscal Year JAG funds received from this award, such fifty percent is currently estimated at $84,788. Section 2. COUNTY agrees to use the fifty percent (50%), or current estimate of $84,788, of JAG funds received from CITY under this agreement for the enhancement of law enforcement between October 1, 2012 and September 30, 2016. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. GMS APPLICATION NUMBER CITY OF CORPUS CHRISTI • ',ell Ronald L. Olson Samuel L. eal, city Manager County Judge ATTEST: Armando Chapa Diana arrera, $0144 $414111?rt City Secretary County Clerk APPROVED AS TO FORM: Lisa Aguilar Assistant City Attorney For City Attorney ra Garza JiMe County Attorney Date D te Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $169,575 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation; 50% of the funds to be distributed to Nueces County under the established interlocal agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to submit a grant application in the amount of $169,575 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2012 Local Solicitation; 50% of the funds to be distributed to Nueces County under the established interlocal agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0024_2_40fcda0f-f07c-4af2-afd5-271e3e5e12fa Joe Adame Mayor -246- 1 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Eiizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0024 2 40fcda0f -fO7c- 4af2- afd5- 27fe3e5e12fa —247— 2 Page 1 of 2 Resolution authorizing the City Manager or designee to execute Inter local Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2012 Local Solicitation. Be it resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or his designee is authorized to execute an Inter local Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2012 Local Solicitation. Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary 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 Alien Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 24 SEE ITEM NO. 23 25 AGENDA MEMORANDUM or the City Council Meeting of May 8, 2012 DATE: April 10, 2012 TO: Ronald L. Olsort, City Manager FROM: Michael K8orha, Director of Parks and Recreation K8iohaelMocctoxao.com 361-826-3404 Lawrence Mikoiajczyk, Director af Solid Waste Operations LevvK8auotexao.cun] 361-826-1972 Donation of a playground set made from recycled materials valued at $20.000. CAPTION: Resolution authorizing the City Manager or designee to accept a donation of new playground set made from recycled materials from the 3nlocebrand of S C Johnson & Son, Inc. and Recyo|ebank, for installation at the HEB Park located at 1501 Shely 8L PURPOSE: The purpose of the donation is to commemorate ohistorical year in Corpus Christi's recycling prognanm, and tangibly illustrate the rewards that come from our efforts to become a greener community. BACKGROUND AND |n January 2O11` the 2]okooe brand, ofS(� Johnson &Son, '--''— Inc., teamed up with Recyclebank and the City of Corpus Christi to support the Iaunch of Corpus Christi Recycles. The City of Corpus Christi was the first Recyclebank client to benefit from Zip|ocVa efforts ineUppOrt| ng the expansi n of Recyclebank rewards to help increase recycling . To commemorate this, the Zip|oo6 brand has donated a playground to the City made of 99 percent-recycled plastic from Earthscapes. The Parks and Recreation Department recommends that the playground, measuring 38' by 40', be installed in the area adjacent to the HEB Swimming Pool at 1501 Shely St.. The new Earthscapes playground is manufactured from recycled structural plastic lumber made from reclaimed post-consumer plastic products like milk jugs and other beverage onn8s|nere, plastic cartons and bags. ALTERNATIVES: City has option to not accept dnn@bon -257-- OTHER CONSIDERATIONS: The donated playground is durable, long lasting, weather resistant, easy to clean, and enhances the amenities offered at this Parks and Recreation Department location. The equipment illustrates the City's commitment in promoting healthy lifestyles and sustainable living practices, CONFORMITY TO CITY POLICY: Acceptance of the donation does not violate any known City policy EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Parks and Recreation, Solid Waste Operations, Public Information FINANCIAL IMPACT: o Operating o Revenue o Capital X 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: Approve Resolution as submitted. LIST OF SUPPORTING DOCUMENTS: Resolution, Recyclebank letter with playground diagrams and warranty information, and contractor's insurance. -258- Resolution authorizing the City Manager or designee to accept a donation of a new playground set made from recycled materials from the Zip loc® brand of S C Johnson & Son, Inc. and Recycle Bank, for installation at the HEB Park located at 1501 She ly St. Section 1. The City Manager or designee is authorized to accept a donation of new playground set made from recycled materials, valued at $20,000.00, from the Ziploc brand of S. C. Johnson & Son, Inc. and Recycle Bank, for installation at the HEB Park located at 1501 She ly Street. Installation will be completed by the donor. City Manager is authorized to execute any documents necessary to accept the donation of park equipment. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED April 9, 2012 Lisa Aguilar Assistant City Attorney For City Attorney —259— Joe Adame Mayor 0��� m����� �^ ���N �-����N 0k April 6, 2012 City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Dear Friends in Corpus Christi: At Recyclebank, we're thrilled to be providing rewards for green actions—like recycling—to residents all around Corpus Christi! We want to congratulate the city and all Corpus residents on your tremendous success over the past year, since introducing single-stream recycling and Recyclebank into your community. In that short amount of time, you have recycled more than 24 million pounds—an incredible increase from 2011 and the equivalent weight of the U.S.S. Lexington aircraft carrier! We have some exciting news to help celebrate this achievement! Zip loc®, which has teamed up with Recyclebank and the City of Corpus Christi to support recycling rewards in the city, has donated a playground (including installation) to the City made of 99 percent-recycled plastic from Earthscapes. The new Earthscapes playground, to be installed this spring, is composed of recycled structural plastic lumber made from reclaimed post-consumer plastic products like milk jugs and other beverage containers, plastic cartons and bags. Earthscapes is committed to building quality playground equipment that puts the safety of children first, but never forgets what it means to play and make a difference for the environment. The new Earthscapes playground, which will be located at HEB Park (1501 Shehy; Corpus Christi, TX 784O4),is set tobe open nn May 1yh, 2012, foliowing a ribbon cutting event. Images ef the Earthscapes playground and warranty inforrnation can be found attached. Installation of the playground will be completed by Noah's pARK & Playgrounds, LLC (proof of insurance attached) in collaboration with the City of Corpus Christi's Parks & Recreation Department and Solid Waste Operations. The installation will be coordinated on a mutually agreed upon timeline. On behalf of Recyclebank, Ziploc® and everyone who cares about a greener future, we applaud Corpus Christi on your past and ongoing success, and we hope your residents young and old will enjoy the sustainable playground from Ziploc® and all the success that is represents! Sincerely, Your friends at Recyclebank & Ziploc® -260- Recycle. Bank 1319 City of Corpus Christi Tx. Bloom porn' tor Mrs *ate Ode Mori OiOnt netow %Of Pchdro pI1f. Pod nfli Trariaitt Palm rjlpto Reit 5114* Paint Roof -261- -262- Warranty Information �om�������u�me���wU|�n��� '--- ' andwN|bo�sanfdn��oinU«o �rd�dqum�ymmou��n�ums��u". the Order Acknowledgement workmariship or materials. The Iisted above urther warrant: = Lifetime Warranty on ail Earthscapes Structures 5" x 5" recycled post caps, posts, and stainless steel hardware ugmiathai|unaduo0xruo��nzughoormnon.dedohoro�on.inmectinhmn�tion.expoouno\oweotho�orwmrkmanohip '' tagainst s�m�uru|f��� due toU�ohona�ondo�o�in ° Umitod1OYnurVVurmntyono||po|y�hyleneoompon�no materials, or workmanship. This vvonon�excludes coameUoissues. Limited ` - Yoa,Venmntyfbr structural failure of moving parto, swing aeotn, and any other product or part not covered by one of the above warranties. This warranty covers rustthrough uormai on. exposure to UV rays, defects in materials and workmanship. The above warranties do not cover scratches, dents, marring, fading of colors and discoloration due to weathering, and are valid of the structures are erected in conformity with the layout plan and/or installation instructions furnished by mem�|nr�hevobeonmain�inedundinsyoo�dina000ndonuevi�1haS�|artino�u��nmomU�hernonna|and prudent practices; have been subject d to normal use �rthe purpose for which �egoods wemdesigned; have not been subjected to addition or substitution of parts; and have not been modified, altered, or repaired by persons other than the Seller's designees in any respect which, in the judgment of the Seller, affects the condition or operation of the structures. All warranties commence an the Seller's invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period, Seller ��u�b�g���������o���������a�«�n������ period, the original warranty. To make a claim, send your written statement of claim along with digital photos and original invoice number to: OnNm,so|~K|dz Zone Play Systems, (no,Eorthmoapee Play Structures P.O. Box 987 Somerset, KY 42502 Office: 1-888'742'3700 Fax: (606)-676-8201 Source: http://e rtuuow=sQu respacezom/warranty/ (Accessed 3/26/2012 -263- A CERTIFICATE OF LIABILITY INSU NCE DATE (MM/DD/YYYY) 4/5/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain_poiicies may require an endorsement. A statement on this•certificate does not confer rights to the certificate holder in Lieu of such endorsement(s). PRODUCER Insurance Agency of Mid America Inc 10009 S. Penn, Building E P. 0. Box 8 90300 Oklahoma City OK 73189 CONTACT Angela Rivera NAME: N C N E o . E 1. (405)691-00 6 FAX NFL (405)691-0415 n oRlESS :arivera @midamericainc.com INSURER(S) AFFORDING COVERAGE NAIC if INSURERABurlington Ins Co 23620. INSURED Noah's Park & Playgrounds, L.L.C. P.O. Box 7987 Edmond OK 73083 INsuRERB - ational American Insurance Co 23663 INSURER c : '.. HGL0030221 _.... rNSURERD - 2/25/2013 INSURER E : $ 1,000,000 INSURERF: ZOO 000 $.... , ES ER:2012 -13 Certificate REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IANSR SUER WVD POLICY NUMBER (MM! POLICY EP YYFY)_(MMIDDIYYYY)_ LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL. LIABILITY X X '.. HGL0030221 _.... 2/25/2012 2/25/2013 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED ,PREMISES (Ea. occurrEncel _._ ZOO 000 $.... , MED EXP (Any one persan) $ 5, 000 CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE s 2 , 000, 000 PRODUCTS - COMPIOP AGG $ 2,000,000 GEN'L X AGGREGATE POLICY LIMIT APPLIES PER: LOC $ AUTOMOBILE ..iFCT LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident)' $ PROPERTY DAMAGE {Per accidents $ $ UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE _ $ $ DED RETENTIONS B WORKERS COMPENSATION AW EMPLOYERS° LIABILITY y ANY PROPRIETOR/PARTNERIEX.ECUTIVE YN. (Mandatory In H) EXCLUDED? (Mandatory In NI-11 If yes, DESCRIPTION OF OPERATIONS below describe under DESCR N A X CW23590135 Excluded Member: Shan Shepherd 11 /19/201111/19/2012 _.. _ X WCSTATU• TORY LIMITS ()TH- ER E.L EACH ACCIDENT $ 1 , 000,000 E.L. DISEASE • EA EMPLOYEE $ 1 000 000 r r E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Coverage is subject to the insuring agreements, conditions & exclusions in the policy forms. 30 Day Notice of Cancellation, except 10 Day Notice for Non - Payment of premium is included in policy. CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Attn: Paul Bass 2525 Hygeia Street Corpus Christi, TX 78415 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Mike Shannon /AR ACORD 25 (2010105) INS025 ramnnfii Tina Ar:riPrl nsma anrr Irwin a.: OO 1988 -2010 ACORD CORPORATION. All rights reserved. c±prnr( rnarlrc of Anf11:711 CERTIFICATE OF LIABILITY INSURANCE DATE (MMR7DIYYYYI 04/0612012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUC E R GENE "COACH" WAITS, AGENT, RHU 723 W EDMOND RD EDMOND, OK 73003 CONTACT NAME COACH WAITS IINCCNH Exel• 405- 341 -7030 i. No1:405- 341 -19111 , Al DRESS: COACH.WAITS.B30POSTATEFARM.COM LIMITS 1 R($I AFFORDING COVERAGE _ rim k INSURER A :State Farm Mutual Automobile Insurance Company 25178 INSURED NOAH'S PARK & PLAYGROUNDS LLC P 0 BOX 7987 EDMOND, OK 73083 -7987 INSURER B : ., 1NSURERC: INSURER D: EACH OCCI1RRENC£ INSURER E. INSURER F : rII- I'a 11- Rfl IMI- I-H REVISION NU THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R TYPE OF INSURANCE ADDL :. ; SU -'. ,.1.. POLICY NUMBER POLICY EFF MMMIDD POLICY EXP MAID. LIMITS I GENERAL + I■ OCCUR ., EACH OCCI1RRENC£ $ DAMAGE TO RENTED (REMISES (Ee ucuirrencel MI Ill CUUMS-MADE M€D E:3(P (Any are person) $ PERSONAL 8 ADV INJURY $ GENI GENERALAGGREGATE '.$ AGGREGATE LIIIKT APPLIES PER. PRODUCTS - COMPJOP AGG $ MI POLICY PR + + -I ANY + • + + © AUTOS SCHEDULED L a ' 000UR CLAIMS- t�4ADE' Y C 0918560 -C24- 6R , , + , , a cDMgna> D INGLELIMIT {Es aec�entl $ I,(i4o,oUtl ■ © III ■ BODILY INJURY ;Per person) S BDDiLY INJURY tPeraccidenlj, $ _ _. a , AUTOS + PROPERTYOAtIAGE ! (Per a�zidenti $ UMBRELLA LtAS EX ESSLIAB ■ _.. EACH OCCURRENCE $ AGGREGATE $_ DED 1 1 RETENTIONS $ _. WORKERS COfAPENSAno i AND EMPLOYER5` LIABILrr1r ANY PROPRIETOR/PARTNERl:ECUTiVE OFFICPJNEERE%CLUDED2 MB (Mandatory In NH) lives, 8esr�iha undar Y '.. Vi PC STATU- OTH- e' EL. EACH ACCIDENT ■ E.LTIISEASE- EAEMPLOYE= # E.L D SEASE -POLICY L MFt $ DESCRIPTION OF OPERATIONS /LOCATIONS! VEHICLES (Attach AGORD 101, Additional Remarks Schedule, If more space Is required) 06 DODGE RAM 3500 PICKUP, VIN: 3D7ML48CX6G111583, ENOL POLICY COVERAGE IS SUBJECT TO THE INSURING AGREEMENTS, CONDITIONS & EXCLUSIONS IN THE POLCIY FORMS. 30 DAY NOTICE OF CANCELLATION, EXCEPT 10 DAY NOTICE FOR NON- PAYMENT OF PREMIUM IS INCLUDED IN THIS POLICY. CERTIFICATE HOLDER CANCELLATION CITY OF CORPUS CHRISTI ATTN: PAUL BASS 2525 HYGEIA STREET CORPUS CHRISTI, TX 78415 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZE REPRESENTATIVE ACORD 25 (2010105) 1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1001486 132849.6 11 -15 -2010 -265- 26 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: 3/29/2012 TO: Ronald L. Olson, City Manager FROM: Mark Van \4eok Interim Director, Department ofDevoopment8envices MarkVV@cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Bluff Plastic (Case No. O212-O8) Change from "CG-l" General Commercial District District to IL' Light Industria District Property Address: 817 VValdron Road CAPTION: PUBLIC HEARING — ZONING Case No. 0212_08: Bluff Plastic: The applicant is requesting a change of zoning from the "CG-1" General Commercial District to the ^|L" Light Industrial District, resulting in a change of the future and use from commercial to light industrial, The property being rezoned is Flour Bluff Estates, Block L, Lots 1 and 2, located north of South Padre Island Drive (SH 358) and east along Waldron Road. Planning Commission and Staif Recommendation (March 14, 2012): Denial of the IL" Light Industrial District and in lieu thereof approval of a "CG-1/SP" General Commrnaruia| District with a Special Pa[nlit to allow for a plastic fabrication facility, subject to three (3) conditions. BACKGROUND AND FINDINGS: The applicant has requested the change of zoning to an "IL" Light Industrial District in order to continue operating a plastic fabrication facility in compliance with zoning regulations. The current business molds plastic into producta, such as commercial lid holders to plastic pastry containers, and does not manufacture plastic. There is no m 'ornomnufaotu[ingoccurrinAonthaprenn}ae. The existing business does not create any adverse impact to the surrounding properties and the structure blends in with the other commercial buildings in the area. Approval of the "|L" District would not be appro iste based on the Comprehensive Plan and Flour Bluff Area Development Plan. The buoiness, hovvaVar, does not appear to generate typical industrial noiae, dust or odor despite its classification as an industrial use. A Special Permit in lieu of the "|L. District could allow the existing business to continue in operation and could limit expansion the size of the business to its current structure. Should the business need to expand in the future, the business would then need to move to an industrially zoned parcel of land. -269- City Cou������m Memorandum Bluff Plastic (Case No. O21 Page 2 ALTERNATIVES: Approval of the requested "IL" Light Industrial District in lieu of granting "CG-1/SP" General Commercial District with a Special Permit, or denial of the "IL" Light Industrial District altogether. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The Comprehensive PIan and the Flour Bluff Area Development Plan slate the subject property for commerci | uses. The requested "IL" Light Industrial District is not consistent with the adopted Plans. 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 / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Planning Commission and Staff Recommendation (March 14, 2012): Denial of the ^(L^ Light Industrial District and in lieu thereof approval of a "CG-1/SP" General Commercial District with a Special Permit to allow for a plastic fabrication faci|ity, subject to three (3) conditions: 1. USES: The only use permitted by this Special Permit other than those uses permitted by-right in the "CG-1^' General Commercial District is a plastic fabrication facility, 2. STRUCTURE: The plastic fabrication facility is limited to the structure's current square footage, Exparision of the structure for the altowed use or accessory uses is not permitted. 3. TIME LIMIT: This Special Permit shall expire one year from the date of this ordinance unless the property is in compliance with all rules and regulations of the City and a Certificate of Occupancy is obtained. LIST OF SUPPORTING DQCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brnvvn, Assistant City Attorney Eddie HouEihan, Assistant Director of Management and Budget C \PRoGRAM TYnooNC/L_4m4_2m 1~m`ooEAB-Ac,,58B6,7884 DOc -270- City Council Executive Sum Memorandum Bluff Plastic (Case No, 0212-06) Page 2 Toby Futrell, Interim Assistant City Manager -271- ZONING REPORT Case No.: 0212-06 HTE No. 12-10000008 Planning ission Hearing Date: March 14, 2012 (Tabled from February 29 2012 Applicant & Legal Description Applicant/Owner: Bluff Plastic Representative: Charles Knisley Legal Description/Location: Flour Bluff Estates, Block L, Lots 1 and 2, located north of South Padre lsland Drive (SH 358) and east along Waldron Road. Zoning Request From: "CG-l" General Commerci& District To: "IL" Light lndustrial Area: 0.482 Acres Purpose of Request: To allow for the continued operation of an existing facility for the fabrication of plastic products. Existing Zoning and Land Uses Traffic Volume 2007 Existing ZoninQDistric Existing Land Use Future Land Use Site "CG-l" General Commercial Commercial Commercial North General Commercial Commercial Commercial South "CG'1" General [ommpo|a| Commercial Commercial East ^CG'1. General Commercial & "RS-6 �|���_Fami�6 Vacant Low Deno�yResidential West "CG 1 General Commercial Commercial Commercial ADP, Map & Violations Area Development PIan: The subject property is Iocated in the Flour Bluff Area Development Plan (ADP) and is planned for commercial use. The proposed change in zoning to the °|C Light lndustrial District is not consistent with the Future Land Use Map. Map No.: 034,032 Zoning Violations: Industrial use operating in a commercial zoning district, Staff's Summary: • Requested Zoning: To allow for the continued operation of an existing plastic fabrication • Transportation and Circulation: The subject property fronts on Waldron Road, an A-2 arterial street and Lakeside Drive a local street. The nearest intersection is South Padre lsland Drive (511 358), a freeway. 1 Street R.O.W. Street Existing and Paved Section MannedNJ]]W.and Paved Section Urban Trans. Plan Type Traffic Volume 2007 Waldron Road 7S'R.O.VV,SO'paved 1U0'R.O.VV,7O'paved Arterial N/A South Padre Island Drive Varies Varies Freeway N/A • Relationship to Smart Growth: The proposed change of zoning will allow the continued use of an existing structure. Existing infrastructure will be utilized and the proposed change of zoning would have minimal to no impact regarding smart growth. -272- • Zoning Report Case #:mu�06,Bluff Plastic Page 2 Comprehensive Plan & Flour Bluff Area Development Plan Consistency: The Comprehensive Plan and the Flour Bluff Area Development Plan (ADP) slates the subject property for commercial uses. The proposed change in zoning is not consistent with the Comprehensive Plan or Flour Bluff ADP. The proposed use is not consistent with the ADP; however, It 15 consistent with other development north along Waldron Road Plat Status: Subject property contains two (2) platted lots. Department Comment : w The applicant is requesting a change of zoning in order to continue operating its business. The current business molds plastic into products. The products range from commercial lid holders to plastic pastry containers. • The existing business does riot manufacture the plastic. The company heats the plastic to mold it into the product requested. There 15 rio major manufacturing occurring on the premise. The existing business does not create any adverse impact to the surrounding properties. The existing structure blends in with the other commercial buildings in the area. • The requested "IL" Light Industrial District is not consistent with the future land use of commercial. However the use even thou h is classified as an industrial use, the business does not appear or generate typical industrial noise, dust or odor. • Since the zoning is not consistent with the Comprehensive Plan or the surrounding zoning, approval of the "IL" District would not be appropriate. However, a Special Permit could allow the existing business to continue in operation and could limit the business to the size of its current structure. Should the business need to expand, the business would then have to move to an industrially zoned parcel of land. Staif and Planning Commission Recommendation (March 14, 2012): Denial of the requested "IL" Light Industrial District and in lieu thereof approval of a Special Permit to allow for a plastic fabrication facility, subject to three (3) conditions: 1. USES: The only use permitted by this Special Permit other than those uses permitted by -right in the "CG-1" General Commercial District is a plastic fabrication facility. 2. STRUCTURE: The plastic fabrication facility is limited to the structure's current square footage. Expansion of the structure for the allowed use or accessory uses is not permitted. 3. TIME LIMIT: This Special Permit shall expire one year from the date of this ordinance unless the property is in compliance with all rules and regulations of the City and a Certificate of Occupancy is obtained. Number of Notices Mailed Total — 21 within 200' notification area; 0 outside notification area. Favor 0 — 0 (inside notification area); 0 (outside notification area) Opposition 1 — 0 (inside notification area); 0 (outside notification area) For 5.16% As of March 26, 2012 Attachments: Site — Existing Zoning Notice Area, & Owner5hip map KADEVELOPMENTSVMSHARECAZONING CASES \ 0oo.06 FLOUR REPORT, BLUFF PLASTIC, FOR CCm261m^ -273- CASE: 0212 -06 1. SUBJECT PROPERTY LOCATION MAP SUBJECT PROPERTY G-1" 10 9 toff F-4$ rA 7 CASE: 0212-06 2. SITE - EXISTING ZONING, NOTICE AREA (4, OWNERSHIP RM-1 Multifamily 1 RM-2 Multifamily 2 RM-3 Multifamily 3 ON Professional Office P.M-AT Multifamily AT CN-1 Neighborhood Commercial CN-2 Neighborhood Commercial CR-1 Resort Commercial CR-2 CG-1 CG-2 Ci CBD CR-3 FR H SP Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercla Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial tH Heavy Industrial PUD Planned Unit Dev. Overlay RS-10 Single-Family 10 RS-6 Single.Family 6 RS-4.5 Single-Family 4.5 RS-TF Two-Family RS-15 SIngle-Family RE Residential Estate RS-T11 Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property OWIISIS with 200' buffer in taw A Owners within 200' listed OR V Owner& Z attached ownership table A in opposthon LOCATION MAP City of Corpus Christi -275- • Ordinance amending the Unified Development Code (UDC), upon application by Bluff Plastic, by changing the UDC Zoning Map in reference to Flour Bluff Estates, Block L, Lots 1 and 2, from the "CG-1" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit, subject to three (3) conditions, amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission, has forwarded to the City Council its reports and recommendations concerning the application of Bluff Plastic 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, and March 14, 2012, during meetings 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 the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Flour Bluff Estates, Block L, Lots 1 and 2, located north of South Padre Island Drive (SH 358) and east along Waldron Road, from the "CG-1" General Commercial District to the "CG-1/SP" General Commercial District with a Special Permit to allow for a plastic fabrication facility, subject to three (3) conditions; not resulting in a change of future land use (Zoning Map 034,032) (Exhibit A). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following three (3) conditions: 1. USES: The only use permitted by this Special Permit other than those uses permitted by- right in the "CG-1" General Commercial District is a plastic fabrication facility. 2 STRUCTURE: The plastic fabrication facility is limited to the structure's current square footage. Expansion of the structure for the allowed use or accessory uses is not permitted. 3, TIME LIMIT: This Special Permit shall expire one (1) year from the date of this ordinance unless the property is in compliance with all rules and regulations of the City of Corpus Christi and a Certificate of Occupancy is obtained. SECTION 3. 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. —276— Page 2 of 3 SECTION 4. 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 5. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Man is amended to conform to the UDC, as amended by this ordinance. SECTION 6. 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 as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor, City of Corpus Christi ,c14- APPROVED AS TO FORM: This day of orah Walther Brown Assistant City Attorney For City Attorney , 2012. KADevelopmentSvcs1SHARED1ZONING CASES10212-06 Flour Bluff Plastics10212-08 Ordinance, Buff Pinto, CG-2_SP, FINAL.docx 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. l/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Alien Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Joe Adame Mayor, City of Corpus Christi KADevelopmentSvcskSHARELAZON1NG OASESI0212-06 Flour Bluff Plastics!0212-06 Ordinance, Bluff Plastic, CG-2_SP, FINALdocx — 2 7 8— 27 AGENDA MEMORANDUM for the City Council Meeting of May 8, 2012 DATE: April 18, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., CUractor, Planning Department PeteAn@cctexas.com (361) 826-3781 Public Hearing — Urban Tr ns mnPbmAmendnent- y6mrthweotProposedCoUootmrStmmmt CAPTION: Public Hearing and Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Chhsb, by providing for removal of proposed collector street around area of Northwest Blvd.; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. PURPOSE: An amendment to the Urban Transpo ation Plan concerning the removal of a proposed collector street. BACKGROUND AND FINDtNGS: | The City has been requested to determine if a proposed collector on the Urban Transportation PIan can be removed from the adopted plan. The proposed collector street is pararlel to Northwest Boulevard and located approximately 0.28 miles (1,500 feet) south of Northwest Boulevard. The specific area of concern is between FM 1889 and FM 69. In January the TAC requested a conceptual site plan. A Ietter is attached outlining the development proposal and the concerns by the developer regarding the collector street. In oddibon, there is a conceptual site plan ofthe property containing: • 63.008 square foot grocery store • 64,000 square feet of floor area on five retail sites facing Northwest Blvd. • Three additional pad sites with a total acreage of 3.6 acres, floor area unknown facing FM 1889 • 8.2 acres of multi-family/industrial/service center Currently, the undeveloped property is zoned for Farm and Rural use with dwellings on 5 acre lots. The adopted Future Land Use Plan designates 1heproperty for commercial and multi- family uses.ArouAhtripgonenoti¢nestinmgtevvuu|dbe approximately: retail area trips = 6,550 trips per day; multi-family 1,350 trips per day; total estimate for planning purposes = 7,900 or 790 peak hour trips. -281- Additional BoCkqrVVnd and Findings: The proposed collector was placed on the City's Urban Transportation Phan in 2005 with the purpose of providing a relief route to congestion on Northwest Boulevard. The proposed Future Land Use PIan calls for high ntensity commercial uses along Northwest Boulevard with multifamily uses Iocated behind tbe commercial uses. Existing trips on Northwest Boulevard and FM 1889 are shown in the table below Street Approximate Growth Average Daily Trips Per Existing Y6mf 2001 2010 2011 Yr. in TripsCapacity Capacity Northwest Boulevard, West OfUS7725.382 29.008 14% 32.000 91% Northwest Boulevard, West of FM 1809 10,524 10.652 1% 32.000 3396 FM 1889. South of FM 624 4,551 15.000 30% Note: Northwest Boulevard - 4 travel lanes with turning lanes; FM 1889 2 lanes with shoulders. Traffic capacity on Northwest Boulevard is currently sufficient to handle existrrig uses. However, the corner of Northwest Boulevard and FM 1889 is strategically located with connection to Robstown and might be an ideal for a Iarge retailer or super center. Supercenters can generate 13,000 to 20,000 trips per day depending on the size of the center. The proposed collector has not been dedicated by the existing subdivision to the south, therefore construction of the roadway may require city participation and the right-of-way would ikely be obtained from the Iarge deep tracts ftonting onto Northwest Boulevard. The paraliel collector is intended to assist with movernent of traffic on the primary mrtera|wtnaet by reducing turning movements at midblock at the various driveways that could be located between FM 1889 and FM 69 on Northwest Boulevard. The p development may contain sufficient trafficgenerating capacity to warrant a traffic signal in the future. The collector street is generally a better location to place a signal since more properties are served. Obstacles to development of the collector street exist including existing developed properties and a water supply canal for Water Control and Improvement District #3. Conclusion: Staff Recommendation: Staif recommends that the collector be retained on the plan. Hnvvever, to address the concern expressed by the developer that the collector is located too far to the south to contribute to their development; staff suggests that the collector can be aligned northward to intersect with FM 1889 north 350 feet from the south property line. Transportation Advisory Committee Recomrnendation: 3/26 - Recommended approval of the developer's request to remove the collector street from the Urban Transportation Plan, between FM 1889 and County Road 69. Planning Commission Recommendation: 3/28 — Recommended approval of the Developer's requestto remove the collector street from the Urban Transportation P|on.betweonFM1OO8 and County Road 69. -282-- ALTERNATIVES: Denial of the Amendment to Urban Transportation Plan OTHER CONSIDERATIONS: Staff has provided several alternatives to the developer to reduce development costs and still allow for future development of the street. Each of the following proposals have been refused by the developer: • Staff has proposed that the developer plat the one lot at the corner of FM 624 and FM 1889 for the proposed grocery store and defer dedication and construction until future units of the tract are platted. • Staff has proposed that the developer plat the entire 35 acre multi lot tract and request a deferment agreement from City Council. Staff would support the agreement at City Council • Staff has proposed to share up to 50% of the construction costs for the proposed roadway. CONFORMITY TO CITY POLICY: An amendment to an existing plan, EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Transportation Advisory Committee: On March 26, the Transportation Advisory Committee reconfirmed their February recommendation to remove the collector street from the plan between FM 1889 and Country Road 69. Planning Commission: On March 28, 2012 the Planning Commission recommended approval of the amendment to the Urban Transportation Plan, FINANCIAL IMPACT: N/A ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CEP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Planning Staff recommends that the proposed Northwest Area collector street not be removed from the Urban Transportation Plan based on the need to assure future connectivity and to manage traffic efficiently at a strategic location in the Northwest Area. LIST OF SUPPORTING DOCUMENTS: Ordinance Planning Commission Minutes Transportation Advisory committee Minutes -283- The following are excerpts from the minutes of the Transportation Advisory Committee and the Planning Commission. Urban Transportation Plan Amendment — Northwest Proposed Collector Street Transportation Advisory Committee, March 26, 2012: 2. Discussion with Possible Action of Proposed Northwest Area Collector: Mr. Cardenas introduced Mr. Bob Payne with the Planning Department to discuss possible action against the Northwest Area Collector; which the committee voted on last month. Mr. Payne explained some maps of the proposed area and stated that the red lines represent arterials. He said the purpose of the arterials is to bring traffic across town as fast as possible. Mr. Payne reported that River Hills Dr. would be extended all the way to County Rd. 52. The proposed collector is not on the ground and currently there is no right -of -way. Mr. Payne said at the last meeting the committee recommended removing this proposed collector and staff continued to study the issue after the meeting. He mentioned that staff could now determine that the collector road could be connected to County Rd. 69. Mr. Payne said the reason this collector is offset is that there is a drainage ditch and a high power transmission line along there. There were some concerns brought up by the committee members. After new information was provided by Planning Staff indicating that the proposed collector street could connect with County Road 69, the TAC reconfirmed their February recommendation to remove the collector street from the plan (between FM 1889 and Country Road 69). Planning Commission, March 28, 2012: Proposed Northwest Area Collector: Mr. Payne showed an aerial view of Northwest Boulevard/FM 624, FM 1889, River Hills Drive, County Road 69 and the proposed collector street requested to be removed from the Transportation Plan. Mr. Payne stated the City was requested to determine if a proposed C -1 Collector on the Urban Transportation Plan could be removed from the adopted plan. The proposed collector street is parallel to Northwest Boulevard and located approximately 0.28 miles (1,500 feet) south of Northwest Boulevard. Mr. Payne continued the area of concern was between FM 1889 and FM 69. Mr. Payne stated that in January, the TAC requested Staff to provide a conceptual site plan of the area. The conceptual site plan included: ➢ A 63,000 square foot grocery store (H.E.B.); ➢ 64,000 square foot of floor area on five (5) retail sites facing Northwest Boulevard; ➢ Three (3) additional pad sites with a total acreage of 3.6 and floor area unknown facing FM 1889; and • 8.2 acres of multi - family /industrial /service center. —284— Mr. Payne continued the property was currently undeveloped and was zoned "FR" Farm-Rural with dwellings on 5-acre lots. The adopted Future Land Use Plan (FLU) designated the property for commercial and multi-family uses. Mr. Payne stated that the proposed C-1 Collector was placed in the Urban Transportation Plan in 2005 to provide a relief route for traffic congestion on Northwest Boulevard, but it was never dedicated by the existing subdivision to the south. Therefore, construction of the roadway would be required from the large deep tracts fronting onto Northwest Boulevard. Mr. Payne stated the parallel collector would reduce traffic congestion on FM 624 by providing an alternative east/west roadway. Mr. Payne continued it would also reduce left turning movements on FM 624 and FM 1889 by allowing an approach to the commercial center by way of an extended River Hills Drive or FM 69. Mr. Payne stated that left turning movements from existing traffic from the center would also be reduced by providing an alternative traffic route. Mr. Payne continued that significant obstacles to development of the collector street exists that include existing developed properties and a water supply canal for Water Control and Improvement District No. 3. After Mr. Payne's presentation concluded, the floor was opened for discussion by the commissioners. Commissioner Tamez asked if there was any change that bond funds could be used to improve CR 52 and, if so, could those funds be combined with Nueces County funds to get the project completed and Mr. Payne answered he did not have the answer, but may be Mr. Anaya could provide an answer. Commissioner Kelly asked how did the developers for the H.E.B. project feel about realigning Northwest Boulevard and Mr. Payne answered that the developers felt the collector should be removed and not extended. Commissioner Castillo asked if the funding would be through a bond program and Mr. Anaya responded that the City's portion of funding would be part of the 2008 bonds program to improve CR 69 and the project would be funded as a city project. Vice Chairman Huerta asked if the developers for the H.E.B. project would be constructing the road to the south and Mr. Payne answered that the developers requested that the road be removed from the plan. Commissioner Adame stated that at the last TAC meeting, the committee spent some time discussing this item and it seemed they felt the road should be removed from the plan. Mr. Payne stated that Staff met with the TAC in January and again in February, but no definite recommendation was made by the committee. Commissioner Adame stated he read the developer's letter that was contained in the packet and there were some valid points covered in the letter. Mr. Payne stated that they want to build the store on one lot, but they don't want to construct the road. Mr. Payne continued that as development occurs, eventually the street would have to be constructed. If they have phased development, the construction of the street can be delayed. Commissioner Castillo requested clarification as to standards for an arterial and collector and Mr. Payne stated collectors were to intersect at one-fourth or one-half mile from an arterial to meet the minimum standards. After all discussion concluded, the public hearing was opened. Mark Johnson, with the firm of Bury + Partners, 900 Isom Road, San Antonio, Texas, addressed the commission. Mr. Johnson stated he was the project manager for the Calallen Neighborhood Commercial Development project at the southeast corner of Northwest Boulevard (FM 624) and FM 1889. Mr. Johnson provided brief information regarding the issue of -285- Northwest Boulevard and FM 1889. Mr. Johnson stated that in a meeting in early 2011, the Urban Transportation PIan required a 60-foot right-of-way dedication for a collector Street if the entire acreage of +37acres was platted. Mr. Johnson continued that in a meeting on January 12, 2012, they received verbal support from City staff that this collector street requirement should be eliminated, which lead to the item being scheduled as an agenda item for the TAC January meeting. Mr. Johnson stated he was contacted by Staff informing him that the TAC met in January and decided they did not have enough information to make a decision regarding removal of the east/west collector street requirement from the proposed Calallen Neighborhood Commercial Development p 'ecL Mr. Johnson stated that based on the received information, a letter was forwarded to City staff outlini some of their concerns. One of the concerns was that the proposed street section would be a dead-end street until the ten (10) other property owners to the east participated in their sections ofthe collector street in order for the street to connect to CR 69. Without the funding and participation from the City or some other government agency, the street would never be completed in the entire distance required to serve as relief to Northwest Boulevard. Mr. Johnson concluded his comments by stating that the collector was located too far south to be able to assist their development and it would not be cost effective for the developer to bear the total cost of extending the street. After Mr. Johnson's comments, the public hearing was closed. Mr. Payne stated that with all of the discussion and comments received, Staff's recommendation was for the collector to be retained in the plan. Mr. Payne continued that in response to Mr. Johnson's statement regarding the collector being too far south to assist their project, the collector could be aligned northward to intersect with FM 1889 approximately 350 feet from the south boundary of the commercial site property line. Mr. Payne continued that the Transportation Advisory Committee met on Monday, March 26, 2013 and their recommendation was to remove the co/]nn1orftomn the plan. Mr. Payne added that if the roadway was removed from the plan, the City had no authority to require street construction in the future, and by leaving it in, street construction would be a requirement as part of the platting process. After further discussion, Chairman Garza called for the motion. Motion to approve removal of the proposed Northwest Area Collector from the Urban Transportation Plan was made by Commissioner Kelly and seconded by Commissioner Taylor. Motion passed with Vice Chairman Huerta and Commissioner Castillo voting nay and Commissioner Nadkarni absent. —286— Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for removal of proposed collector street around area of Northwest Blvd.; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication; and declaring an emergency. Whereas, the Planning Commission has forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation PIan, an element of the Comprehensve PIan of the City of Corpus Chrsti, Texas; Whereas, Planning Commission public meeting was held on Wednesday March 28, 2012 regarding amendments to the Transportation Plan, during which all interested persons were allowed to appear and be heard; Whereas, the City Council has determined that these amendments would best serve public health, necessity and convenience, and the general welfare of the City of Corpus Christi, and its Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the Corpus Christi Urban Transportation Plan (a part of the Comprehensive Plan of the City of Corpus Christi, Texas), is amended by deleting the proposed collector street around area of Northwest Blvd. which was to be located approximately 0.28 (1,500 feet) south of Northwest Blvd, between FM 1889 and FM 69, as shown on Exhibit A, which is attached to and incorporated into this Ordinance. Section 2. That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan including the Urban Transportation Plan, is amended to conform to the amendments made by this Ordinance. Section 3. That the Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this Ordinance and any other ordinances adopted on this date, remains in full force and effect. Section 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this Ordinance. Section 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. —287— Section 6. Publication shall be made in the official publication of the City of Corpus Chri ti as requFred by the City Charter of the City of Corpus Christi. Section 7; 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 CHRIST1 Armando Chapa, City Secretary Joe Adame, Mayor —288— 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: l/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor 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 -289- Northwest Collector Exhibit A Propose HEB Mixed Use Site Proposed Collector Street requested to be deleted from the Transportation Plan County Road 52 A2 Arterial -290- 28 AGENDA MEMORANDUM for the City Council Meeting of April 24, 2012 DATE: April 24, 2012 TO: Ronald L. Olson, City Manager FROM: Toby Futrell, Interim Assistant City Manager TobyF©cctexas,com (361) 826-3082 UPDATE TO CITY COUNCIL American Bank Center Performance Audit Update STAFF PRESENTER(S): Name 1. 2. 3. OUTSIDE PRESENTER(S): Name 1. Susan Sieger 2. Jim Salamenta 3. Keith Arnold BACKGROUND: Title/Position Department Title/Position Organization President Crossroads Consulting Services General Manager SMG CEO CVB The City of Corpus Christi contracted with Crossroads Consulting Services to conduct an audit of the operational and financial performance of the American Bank Center, This update to Council presents the results of that audit for consideration and discussion. LIST OF SUPPORTING DOCUMENTS: Performance Audit - American Bank Center in Corpus Christi, Texas -293- Cr ssraads CONSULTING SSRYI Summary of Key Findings February 2012 4427 W. Kennedy Boulevard • Suite 200 • Tampa, Florida 33609 • Phone 813.2$1.1222 • Fax 813.315.604 Operations ;r Benchmarking Review p'y E analysis Crossroads CONSULTING MITI Priorities include: • Enhancing usage/occupancy • Maximizing financial performance through revenue generat containment, and profit maximization • Managing, marketing and maintaining the complex in a first-class manne • Streamlining operations to improve overall efficiency • Providing consistent, high quality customer service to patrons - Management Structure -Mission Statement Booking Policy. Facility;. Rental Rates - O ganizational Structure Staffing Levels Marketing Efforts - Preventative Maintenance Capital irrtprovement Planning rd Tcract' Centerplate - Tenant Sports Team Ticketmaster' : 1 Utilization Financial Performance Client Satisfaction Economic impact Crossroaa CONSULTING SERV' • Several performance measures were used to compare the ABC to peer facilities including utilization and financial operations. • Given the ABC's building program, three different sets of peer facilities were utilized in the analysis: complexes, convention centers and arenas. • Facilities used in the benchmarking analysis were chosen based on one or more of the following: - Market attributes - Building program - Type of event activity hosted - Destination attributes offered - Utilizes industry best one or more areas - Management structure Although efforts were made to utilize both competitive facilities and comparable venues, differences exist between each facility and its surrounding amenities relative to the ABC Complex. Other factors impact facility performance such as market size, facility size, accessibility, etc. • While there is no perfect comparable facility, valuable lessons can still be (earned relative to enhancing ABC operations. CrOSSMa CONSULTING .VI 3 • The industries in which the Convention Center and Arena operate have experienced downturns in recent years — Reduced convention/meeting business Fewer touring entertainment acts — Declining average attendance due to economic conditions • On-going broader economic issues have impacted facilities nationwide co Price -conscious market • Lack of proximate hotel supply Despite these pressures, the Convention Center and Arena have performed well reflective of. — Its experienced management team — Quality customer service Crossroads CONSULTING SEM 4 • In FY 2010, the ABC Complex hosted fewer events but more total attendees than profiled peer facilities • While the Convention Center hosted fewer events and attendees overall, it attracted a higher percentage of convention/tradeshow delegates (51%) relative to profiled peers (30%). This is particularly notable in light of challenges associated with the age, size and configuration of the Convention Center as well as the lack of an adjacent convention quality hotel. • Although the Arena hosted fewer events than the average of profiled peers, it drew more total attendees. Crossroii CONSULTING SERVI !,,,c,v.tivt,10,,,cmvgazik V,APAATagrq'z'o't ' Oilligi', „, ,,,,,,,:: , latWr.:Vi*W4104,100001,00,MAIV: .' ' 40410 63-R440i ,-1.-..p*O,4,,. Wi$1,0 '& ,. ' 17..,1940A001,Ris ,,,,, Total Events 318 344 -8% Total Attendance 718,200 621,537 16% 0:44M55iggAA,4 AVP°4t4P7MAxl'o'..,VWX404000 ' -rf ,Ofr,MWAIVISR40.:1-6Wi'0*4% -1:! -- 4 ... 4thA149,WY-., P# '- ...,... .,, ..„. Is 'Total Events 195 408 -52% Total Attendance 333,509 389,700 -14% FY2OIWAMSMARPOOAVMMOPIVine:1,440Ai0!-:i"'ftt: ,. .j.0,0400191St dt igg*,,... ,., VigrMara0OIMigt ,cis .,, ' ,,,,...„,.,' Total Events 123 160 -23% Total Attendance 384,691 375,926 2% C ssro ro , CONSULTING SERVI In addition, actual financial performance was better than budgeted amounts for the Arena and Convention Center in both FY 2009 and FY 2010. • In aggregate, the ABC generated a higher operating loss when compared to profiled peer complexes. While the Convention Center generated 50% less revenue than profiled peer facilities, its operating expenses were 37% lower resulting in a more favorable bottom-line. Although the ABC Arena generated less operating revenues and expenses relative to the average of profiled peers, it realized slightly higher operating income. ,., , ,,, „,, ,,,,.:,,,LIA,.,,k1.4.:,,,,y.'.,==,ABCCompliigiivzsFIkie4i,r:.:,„."'W;5Af:R.A . „..,', „,,,,,,.3.-.,,igAb. ''.".',': ',:11:7:i6 Operating Revenues $3,175,000 $4,069,000 Operating Expenses $4,580,000 $4,930,000 -22% -7% Net Loss ($1,405,000) ($861,000) 63% ,:,,(,;:,'0,.':::::!::::.;„::iiF.FiJ,09,'„,,cr , : iv!,.',,,:,,;,::::,,,,:-..:-'4,-::,,,:qm9011,4,:,. 4gc)",:v44:,:,,„,f---74,,,...k',; -I - ,-^h'4,,N1-1 '":- ,. Operating Revenues Operating Expenses $1,376,000 $2,850,000 $2,726,000 $4,543,000 -50% -37% Net Loss ($1,474,000) ($1,817,000) -19% ,,:i,,:,21,..i4g:.-4,4,4„:446-Yi' ,,,,,,,,,,,?-wamNweog',0,,42-4,vi ,,-,,o,z-:-qvg.,',,,' , t 3„1f4#10Mil ' ' :' ' a ek'i°164,11”' ' -, , ' , Operating Revenues Operating Expenses $1,799,000 $1,733,000 $3,105,000 $3,050,000 -42% -43% Net Income $66,000 $55,000 22% 1' Crossroads CONSULTING Mit at i rd rrr 1 l cd1o err 2.0114 ' dr t. ntr for eco Summary• Our analysis indicates that SMG has met its contractual obligations from an overall financial and operational perspective. SMG's base management fee is 18% less than the average at peer complexes and 37% less than the average for both peer convention centers and arenas. ABC Convention Center and Arena utility expenses represent a higher portion of total expenses than at peer facilities. • The 20% rental rate discount cap is a competitive disadvantage compared to peer facilities. • The Convention Center/Auditorium has not had a dedicated funding source for capital improvements. The economic impact generated by ABC activity is estimated biennially which is not consistent with industry best practices, particularly for convention centers. • The City's Convention/Events Fund (CEF) of $50,000 annually is used to underwrite/ subsidize rental space and other services at ABC to secure conventions or other events that generate economic impact. Crossroads CONSULTING $61011 1