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Agenda Packet City Council - 06/25/2013
1201 Leopard Street Corpus Christi Corpus Christi,TX 78401 cctexas.com 7 Meeting Agenda - Final-revised City Council Tuesday,June 25, 2013 11:30 AM Council Chambers 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 12:00 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, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Linda Morrow, St. Peter's by the Sea United Methodist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 13-000530 Proclamation declaring July 4, 2013 as "July 4th Big Bang Celebration 2013" Swearing-in ceremony for newly appointed Board, Commission and Committee Members F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 1 Printed on 612112013 City Council Meeting Agenda-Final-revised June 25,2013 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 SHOWANY 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. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: H. EXECUTIVE SESSION: (NONE) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. I. MINUTES: 2. 13-000532 Approval of Meeting Minutes -Workshop Meeting of June 4, 2013 and Regular Meeting of June 11, 2013. Attachments: Minutes-June 4, 2013 Minutes-June 11, 2013 J. BOARDS &COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 3 - 12) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances 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 Corpus Christi Page 2 Printed on 612112013 City Council Meeting Agenda-Final-revised June 25,2013 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. 3. 13-000517 Purchase and Installation of Security Equipment Motion approving the purchase and installation of sixteen (16) CCTV cameras and an access control system from MCS Fire & Security, Corpus Christi, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of$76,634.81. Funds have been budgeted by the Aviation Department in FY 2012- 2013. Attachments: Agenda Memo-Security Eguipment.pdf Price Sheet-Security Eguipment.pdf 4. 13-000516 Application for a Hazardous Materials Emergency Preparedness Planning Grant Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of$65,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2014 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safely and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right-to Know Act of 1986, with a hard match of$13,000; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda Memo- HMEPP Grant Resolution -HMEPP Grant Grant Application 5. 13-000500 Engineering Design Contract -for emissions and odor control improvements at the Greenwood Wastwater Treatment Plant Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of $85,954.00, for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvements. Attachments: Agenda Memo-Greenwood WVVTP Project Budget -Greenwood WVVTP.,pdf Location Map-Greenwood WVVTP.pd Contract-Greenwood WVVTP 6. 13-000507 Agreement withTexas Department of Transportation (TXDOT) to Corpus Christi Page 3 Printed on 612112013 City Council Meeting Agenda-Final-revised June 25,2013 contribute Right of Way funds for highway improvements on FM 43 (Weber Road)from SH 286 (Chapman Ranch Road) to Yorktown Boulevard Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard, with the City's participation in the amount of$5,500. Attachments: Agenda Memo- FM 43 from SH 286 to Yorktwon Blvd.pdf LocationMap.-FM 43 from SH 286 to Yorktwon Blvd.pdf Resolution -FM 43 from SH 286 to Yorktown Blvd.pdf Agreement-_FM 43 from SH 286 to Yorktown Blvd.pdf 7. 13-000508 Agreement with Texas Department of Transportation (TXDOT) to contribute Right Of Way funds for highway improvements on FM 2444 (Staples Street)from SH 286 (Chapman Ranch Road) to Oso Parkway Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway, with the City's participation in the amount of$67,000. Attachments: Agenda Memo- FM 2444 from SH 286 to Oso Parkway Intersection.pdf Location Map- FM 2444 from SH 286 to Oso Parkway Intersection.pdf Resolution -FM 2444 from SH 286 to Oso Parkway Intersection.pdf Agreement- FM 2444 from SH 286 to Oso Parkway Intersection.pdf FM 2444 Fact Sheet 2013 8. 13-000492 Second Reading Ordinance - Rezoning from Resort Commercial to Multifamily with a Planned Unit Development for Townhouses for Alex Harris, on property located at 14306 through 14334 Nemo Court (1st Reading 6/11/13) Case No. 0513-01 Alex H. Harris: A change of zoning from the "CR-2/10" Resort Commercial District with an Island Overlay to the "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan on the property described as Lots 17 - 24, Block 45, Padre Island - Corpus Christi Island Fairway Estates, located along the east side of Nemo Court, approximately 525 feet west of South Padre Island Drive (PR 22). Corpus Christi Page 4 Printed on 612112013 City Council Meeting Agenda-Final-revised June 25,2013 Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "CR-2/10" Resort Commercial District with an Island Overlay to the "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay, subject to 10 conditions. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Alex H. Harris, acting as agent on behalf of Williams Airline Partners, Ltd., owner of Lots 17-21, and by Alex H. Harris, owner of Lots 22-24, Block 45, Padre Island - Corpus Christi - Island Fairway Estates, from the "CR-2/10" Resort Commercial District with an Island Overlay to the "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Alex Harris 06042013 Map-Aerial Overview Zoning Report-Alex Harris 06042013 w exh Ordinance-Williams Airline Partners Ltd and AHarris CR2 w 10 to RM1 w 10 PL 9. 13-000438 Second Reading Ordinance - Rezoning from Estate Residential to Low Density Residential for Kitty Hawk Development, Ltd. on property located at 3142 South Staples Street(Tabled on 5/28/13) (1st Reading 6/11/13) Case No. 0413-02 Kitty Hawk Development, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CN-1" Neighborhood Commercial District on Tract 1, the "RE" Residential Estate District to the "RS-15" Single-Family 15 District on Tract 2, and the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District on Tract 3. The property is described as being a 58.969-acre tract of land out of the south half of Section 31, Laureles Farm Tracts, located along the south side of South Staples Street (FM 2444) and along the east side of County Road 41. Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "RE" Residential Estate District to the "CN-1" Neighborhood Commercial District on Tract 1, from the "RE" Residential Estate District to the "RS-15" Single-Family 15 District on Tract 2, and from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District on Tract 3. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Kitty Hawk Development, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 58.969-acre tract of land out of the Corpus Christi Page 5 Printed on 612112013 City Council Meeting Agenda-Final-revised June 25,2013 south half of Section 31, Laureles Farm Tracts, from the "RE" Residential Estate District to the "CN-1" Neighborhood Commercial District on Tract 1 and to the "RS-15" Single-Family 15 District on Tract 2, and from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District on Tract 3; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Aqenda Memo- Kitty Hawk 05072013 Map-Aerial Overview Zoning Report-for CC, Kitty Hawk 05072013 w exh Ordinance- Kitty Hawk Dev Ltd three parcels vFinal w exhibts 10. 13-000501 Second Reading Ordinance -Approving the Annual Audit Plan (1st Reading 6/11/13) Ordinance to approve the Annual Audit Plan for FY 2013-2014 Attachments: Agenda Memo-Annual Audit Plan Ordinance-to approve the Annual Audit Plan for FY 2013-2014 Presentation-Annual Audit Plan 11. 13-000495 Second Reading Ordinance -Appropriating funds to reimburse John C. and Cheryl L. Hooper for the wastewater development fees paid in 2003 (1st Reading 6/11/13) Ordinance appropriating $5,495.10 from the No. 4220 Wastewater Trunk System Trust Fund to refund John C. and Cheryl L. Hooper wastewater lot/acreage fees previously paid for Lot 7, Block 4, Oak Terrace Unit 2 and authorizing the City Manager or designee to issue payment. Attachments: Agenda Memo-John C. and Cheryl L. Hooper, wastewater fee reimbursement Refund Request- Hooper- 1118 Graham Road Letter Ordinance- Hooper Reimbursement 12. 13-000476 Second Reading Ordinance -Type A Grant for Sam Kane Beef Processors, LLC (1st Reading 6/11/13) Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Sam Kane Beef Processors, LLC ("Sam Kane") to provide a grant of up to $3,000,000 for the retention of jobs at their beef packing plant in the City of Corpus Christi extra territorial jurisdiction, amending the budget to allow for this funding of up to $3,000,000 from the Unreserved Fund balance in the No. 1140 Business/Job Development Fund and appropriating up to $3,000,000 to the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund. Corpus Christi Page 6 Printed on 612112013 City Council Meeting Agenda'Final-revised June 25.2018 Attachments: AgendaMemo-Sam Kane Beef Ordinance-Sam Kane Beef Grant Type.A.Busin.ess,_Incentive.Agreement-Sam Kane 5-30-13 FINAL Type.A.Bus'iness_,Service_Aqreement-Sam Kane Ordinance as amended--Sam Kane Beef Grant6-10 M. REGULAR AGENDA: (ITEMS 13 -20) The following items are motions, resolutions and ordinances that will bo considered and voted on individually. 13. .C3-000170 Second Reading Ordinance - Establishing m Street Maintenance Fee (1st Reading -2/2G/13) Ordinance establishing a street maintenance fee to be implemented by po|ioieo, nateo, and methodologies established by separate ordinance. Attachments: Ordinance- Establishingthestreet maintenance fee Amended Ordinance#1 - ESTABLISHING THE STREET MAINTENANCE FEE 14. .C3-00X0249 Second Reading Ordinance - Establishing policies, methodologies, and rate to be charged for implementing the Street Maintenance Fee (1stReading 3/19/13) Ordinance establishing nateo, po|ioieo, and methodologies to implement the street maintenance fee created by separate ordinance. Attachments: ORD#2 SETTING RATE POLICY-STREET MAINTENANCE FEE-Q-1-3-1 Amended Ordinance_,#2,_-,_SMF after 1st reading With Optbion E,-__pe,r,C:ity Counci Amended Trip Factor Index-ExhibitAto ORD#2 SMF(after 1st reading with 0 15. 13-000574 Emergency Ordinances to Accept and appropriate funds for mState grant to be disbursed for the Texas Safe Shelter Initiative (Related Items 15 - 17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas Department of Public Safety, Texas Division of Emergency Management, in the amount of$1.800.000 for Ca|a||en |GD shelter project fortheTexaoGaN* Ghe|ter Initiative with a match of 2596 to be provided byCa|a||en |GD per |nter|ooa|Agreement; appropriating $1.800.000 from the Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund to be disbursed to Ca|a||en |GD for reimbursement for design and construction costs for the shelter projects; authorizingtheCih/ Manager or designee to execute |nter|ooa|Agreement between the City ofCorpus Corpus Christi paver Printed onmu»mom City Council Meeting Agenda'Final-revised June 25.2018 Christi and Ca|aUen |GD to establish terms for administration of the Hazardous Mitigation Grant Program for the Texas Safe Shelter Initiative; and declaring anemergency. Attachments: 16. .C3-00057l6 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas Department of Public Safety, Texas Division of Emergency Management, in the amount of$1.800.000 for Del Mar College shelter project fortheTexaoGaN* Shelter Initiative with a match of 2596 to be provided by Del Mar College per |nter|ooa|Agreement; appropriating $1.800.000 from the Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund to be disbursed to Del Mar College for reimbursement for design and construction onoto for the shelter projects; and authorizing the City Manager or designee to execute |ntedooa|Agreement between the City of Corpus Christi and Del Mar College to establish terms for administration of the Hazardous Mitigation Grant Program for the Texas Safe Shelter Initiative; and declaring anemergency. Attachments: Ordinance-TSSI Del Mar Award letter-forDeWarWestCampgs 17. .C3-{000578 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas Department of Public Safety, Texas Division of Emergency Management, inthe amounts of$1.800.000 for Tu|000-Midvvay |GD shelter project atthe High School and $1.080.000 for the Tu|000-Midvvay |GD project atthe intermediary school for the Texas GaN* Shelter Initiative with a match of 2596 to be provided by Tu|000-Midway |GD per |nter|ooa|Agneennent; appropriating $1.800.000 and $1.080.000 from the Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund to be disbursed to Tu|000-Midway |GD for reimbursement for design and construction costs for the shelter projects; authorizing the City Manager ordesignee to execute |nter|ooa|Agreement between the City of Corpus Christi and Tu|000-Midvvay |GDto establish terms for administration ofthe Hazardous Mitigation Grant Program for the Texas Safe Shelter Initiative; and declaring anemergency. Corpus Christi Page Printed onmu»mom City Council Meeting Agenda'Final-revised June 25.2018 Attachments: Award letter-forTulosoMidwayISDHS 18. .C3-000549 Setting m Public Hearing for the Fiscal Year 2O13-2O14Operating Budget Motion setting a public hearing for the City of Corpus Christ Fiscal Year 2013-2014 Operating Budget for July S. 2013 during the regular City Council meeting beginning at11:30a.nn. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Attachments: AgendaMemo.-SetfingDate for Public Hearing.for,_FY_,20,1,3-201,4,_O,perating,_,B 19. .C3-{X}0538 Federal grant application and |nter|oom|Agreement for the Edward Byrne Memorial Justice Assistance Grant (JAG) Resolution authorizing the City Manager, or designee, to submit agrant application in the amount of$162.583to the U.G. Department ofJustice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2013Local Solicitation with 5096of the funds tobe distributed toNueoeoCounty under the established |nter|ooa|Agreement; and authorizing the City Manager or designee to execute |ntedooa|Agreement between the City of Corpus Christi and Nueoeo County to establish terms for the sharing of the Edward Byrne Memorial Justice Grant (JAG) Program FY2013 Local Solicitation. Attachments: Resolution -Apply Edward Byrne Grant Interlocal 2013- Police Agenda Memo-JAG application 06.25.2013 20. 13-000550 Federal grant application for funding eligible under the Port Security Grant Program Resolution authorizing the City Manager, or designee, to submit agrant application in the amount of$66.1S1to the U.G. Department of Homeland Security FEMA for funding eligible under the FY 2013 Port Security Grant Program with City cash match of$22.064 fora total project cost of$88.255. Attachments: Resolution -Port Security Grant 2013- Police N. PUBLIC HEARINGS: (ITEM 21) Corpus Christi Page 9 Printed on 612112013 City Council Meeting Agenda-Final-revised June 25,2013 21. 1 -000523 Public Hearing and First Reading Ordinance -Rezoning from Commercial and Residential to Light Industrial on Tract 1 and from Residential to Commercial on Tract 2 for Jubalee Properties, Ltd., on property located at 9801 South Padre Island Drive (SH 358), 1130 Baywood Lane, and 1133 Baywood Lane. Case No. 0413-05 Jubalee Properties, Ltd.: A change of zoning from the "CG-1" General Commercial District and "RS-6" Single-Family 6 District to the "IL" Light Industrial District on Tract 1 and from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District on Tract 2, resulting in a change to the Future Land Use Plan from commercial to industrial uses on Tract 1 and not resulting in a change to the Future Land Use Plan on Tract 2. Tract 1 is described as being Lots 1 through 5, Block 2, Baywood Addition, and Tract 2 is described as being Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood Addition. The property to be rezoned is located south of South Padre Island Drive (SH 358) on Baywood Lane. Planning Commission and Staff Recommendation (May 22, 2013): Tract 1 - Denial of the change of zoning from the "CG-1" General Commercial District and "RS-6" Single-Family 6 District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-1/SP" General Commercial District with a Special Permit, subject to the nine conditions. Tract 2 - Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Jubalee Properties, Ltd., acting as agent on behalf of Mostafa Bighamian, Morteza Shafinury and First National Bank ("Owners"), by changing the UDC Zoning Map in reference to Lots 1 through 5, Block 2, Baywood Addition ("Tract 1"), and Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood Addition ("Tract 2"), from the "CG-1" General Commercial District and the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit on Tract 1 and from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Jubalee Properties Map-Aerial Overview Zoning Report-for CC, Jubalee(attach) Ordinance-Jubalee Properties, Ltd x06012013 w exh O. FIRST READING ORDINANCES: (NONE) Corpus Christi Page 10 Printed on 612112013 City Council Meeting Agenda-Final-revised June 25,2013 P. FUTURE AGENDA ITEMS: (NONE) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. Q. BRIEFINGS TO CITY COUNCIL: (NONE) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. R. ADJOURNMENT Corpus Christi Page 11 Printed on 612112013 Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com x Meeting Minutes - Final City Council Workshop Session Tuesday,June 4,2013 10:00 AM City Council Chambers Special Budget Workshop Session A. CALL MEETING TO ORDER. Mayor Martinez called the meeting to order at 10:02 am. B. ROLL CALL. City Secretary Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Carlos Valdez,and City Secretary Armando Chapa. C. BRIEFINGS TO CITY COUNCIL: 1. General Fund Mayor Martinez referred to Item No. 1, Briefing on General Fund. Ron Olson, City Manager thanked the Assistant City Managers,Assistant Director of Management and Budget Eddie Houlihan,and Department Heads for the work during the budget process. He stated that a Budget Workshop is scheduled for June 18th for briefings on the Debt Fund, Enterprise Fund,and Capital Improvement Program,the Public Hearing for the Proposed Budget is scheduled on July 9th, First Reading is scheduled for July 16th, and the Second Reading and final adoption is scheduled for July 30th. He added that the budget process included looking at four additional Fiscal Years to ensure that the decisions making today are sustainable into the near future. Mr. Olson stated that using a zero based type budgeting system,departments submitted decision packages for request above and beyond their operating budget,and that these decision packages were evaluated but that only a fraction of those packages were approved. Mr. Olson stated that the General Fund represents a 5%increase in Ad Valorem Tax which amounts to$2.6 million,5%increase in Sales Tax which amounts to$4.6 million;the Proposed Budget includes a contractual increase for sworn police officers of 4%,and 2% for firefighters;2%COLA for general employees totaling$2.7 million (including union contracts);a Phase 1 Pay Equity Adjustment in the amount of$548,000; a transfer from the General Fund to Streets Department in the amount of$11.09 million and proposing an additional transfer of$1.9 million. He stated that the three guiding principles in preparing the budget were: 1)achieve core mission,2)sustainability,and 3)continuous improvement. Corpus Christi Page 1 Printed on 611812013 City Council Workshop Session Meeting Minutes -Final June 4, 2013 Next, Margie Rose,Assistant City Manager provided a presentation and discussed the Mission,Ad Valorem Tax per Capita comparison to other cities; budgeted Revenues and Expenditures comparison to other cities; Operating and Debt Service Rates per$100 Valuation comparison to other cities;the five-year Property Tax Rates;the FY 2013 Property Tax Rate Distribution for Nueces Taxing Entities; number of Full Time Employees in the General Fund, General Fund revenue and expenditures;and projected change in fund balance. Ms. Rose provide a review of the approved decision packages for FY 2014. Also, Ms. Rose discussed other issues include the five year projections; business plans; managed competition, compensation equity; retirement contribution, health insurance projected rate increases;the FY 2014 Solid Waste Action Plan from competitive assessment;training;additional ambulances; increase policy academy,fire department alternative hires; municipal court; contribution to street fund; maintenance of public art; additional permit staff;contracts manager; Office of Management&Budget Director,and Interns. A discussion ensued and council members discussed and asked questions regarding the cost of living increase, health insurance increase, beach operations, litter and code enforcement,duties and responsibilities of new contract manager position, pay equity, downtown management district contribution, intern positions, street funding,solid waste competitive assessment, hotel motel tax, plan for additional revenue, how many beach permits do we issue,and business plans. Mr. Carlos Valdez, City Attorney stated that the Charter states that a workshop session is a council meeting for the sole purpose of gathering information or discussing public business without taking action. Mr.Valdez stated that this allows the Council to give direction to staff in the form of a motion. A motion was made by Council Member Scott directing staff to seek additional funding for all beaches for cleaning and maintenance,with specific focus on the hotel motel occupancy tax income, seconded by Council Member McIntyre and passed with the following vote: Martinez,Allen, Garza, Leal, Loeb, McIntyre, Magill, Riojas and Scott, voting "Aye". Next, Mr. Olson referred to the Street Fund. Mr. Oscar Martinez,Assistant City Manager provided an update of the five-year proforma for the Street Fund. Mr. Martinez pointed out three issues regarding the Street Fund: 1)as reflected in last year's budget,the Street Fund is separated as a separate fund; 2)the budget does not currently reflect a Street Fee;and 3)the transfer of money from the General Fund into the the Special Revenue Fund for streets is over and above the 5.2%approved in the financial policies. Mr. Martinez referred to a chart displaying the revenues for FY2013-2014 at$17,106,000 which is a 30% increase from FY2012-2013 in revenue contribution. He then discussed the expenditures for the Traffic Engineering department and Streets. Mr. Martinez referred to the additional revenue dedicated to streets of$3,615,315,apply this amount to the total targeted for Street Maintenance of$15 million, the amount now required to raise is$11,384,000. Council Members discussed additional funds to allocate to street maintenance and the amount needed,street assessment program and residential street rebuilding, expenditures for street reconstruction,allocation of additional funding, hotel motel tax, hours of operations for libraries and pools. Corpus Christi Page 2 Printed on 611812013 City Council Workshop Session Meeting Minutes -Final June 4, 2013 A motion was made by Council Member Loeb directing staff to use the COLA funds and redirect them to Pay Equity, and if there are any remaining funds, apply them to street maintenance, seconded by Council Member McIntyre and passed with the following vote: Martinez,Allen, Garza, Leal, Loeb, McIntyre, Magill, Riojas and Scott, voting "Aye". 2. Special Revenue Funds Mayor Martinez referred to Item No.2, Briefing on Special Revenue Funds. Margie Rose,Assistant City Manager stated that Special Revenue Funds are used to account for resources allocated to specific purposes. Ms. Rose discussed the number of employees in the Special Revenue Fund for the following departments: Street Services, Crime Control District, Development Services,Visitor's Facility Fund, Municipal Court-Case Manager Fund, Redlight Photo Enforcement,and Local Emergency Planning Committee. Ms. Rose then discussed the sources of revenue,total expenditures, and summary of fund balances. Ms. Rose stated that the estimated beginning balance as of August 2013 is projected at$58,918,241,with projected changes of$12,503,935(difference between revenues and expenditures)and that the projected ending balance on July 31,2014 is$71,422.176. Ms. Rose referred to the approved decision packages for FY 2014 for Development Services and Traffic Engineering for a total of$326,716. Council Members discussed additional funds to allocate to street maintenance and the amount needed,street assessment program and residential street rebuilding, expenditures for street reconstruction,allocation of additional funding,arts maintenance program funding, hotel motel tax,and economic development position. 3. Internal Service Funds Mayor Martinez referred to Item No.3, Briefing on Internal Services Fund. Ms. Margie Rose,Assistant City Manager stated that these funds were established to finance and account for services, materials, and supplies furnished to various departments of the City and to other local governmental agencies. These services are provided on a cost reimbursement basis. The mission of this fund is to provide these services in the most cost effective manner. Ms. Rose then discussed the pinnacle issues for Fiscal Year 2014, major accomplishments for Fiscal Year 2013,employees, revenue,total expenditures, and summary of fund balances. She then stated that the estimated beginning balance as of August 1, 2013 is$50,069,811,and total projected balance ending July 31,2014 is$49,917,849,and that the Target at 3%is$46,092,914. Ms. Rose then discussed the approved decision packages for the Internal Services Fund for Fiscal Year 2014. She stated that they include an additional Wellness Center for Health Benefits;a Maximo Upgrade for MIS;two additional FTEs for Facilities Maintenance; Disaster Recovery Equipment and Oracle Database Support for MIS;a new Public Information Officer for the Engineering department;Temporary Staffing Services for MIS; Professional Services for Engineering; Interactive Voice Recognition System Uprade for MIS; Mowing and Ground Maintenance,7 CNG Trucks,and 1 replacement CNG truck for the Engineering department for a total of$1,235,698. Corpus Christi Page 3 Printed on 611812013 City Council Workshop Session Meeting Minutes -Final June 4, 2013 D. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: None. E. ADJOURNMENT There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 2:55 pm. Corpus Christi Page 4 Printed on 611812013 Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 � 1 cctexas.com x Meeting Minutes - Final City Council Tuesday,June 11, 2013 11:30 AM Council Chambers A. CALL MEETING TO ORDER Mayor Martinez called the meeting to order at 11:30 am. B. INVOCATION. The invocation was delivered by Dr. Bob Eckert. C. PLEDGE OF ALLEGIANCE. The Pledge of Allegiance was led by Tamera Riley, City Secretary's Office. D. ROLL CALL City Secretary Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Mangaer Ron Olson, City Attorney Carlos Valdez,and City Secretary Armando Chapa. Present: 9- Council Member Kelley Allen,Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Marti nez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza E. Proclamations /Commendations 1. Proclamation declaring June 9-19, 2013 as the "148th Anniversary of the Juneteenth Celebration, the Spirit of Emancipation Days" Proclamation declaring June 23, 2013 as "Homicide Survivors Support Group 8th Annual Teddy Bear Sunday" Mayor Martinez read and presented the Proclamation(s). G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager Comments. City Manager Olson made the following announcements: 1)Street Fee Survey has been completed and currently analyzing data; 2)Oscar Martinez,Assistant City Manager will be leaving in mid-August and has started to advertise and hired a Consultant to assist with the recruitment;3)due to Budget cuts,the Library's accreditation had been challenged,the City filed an appeal and it has been accepted;4)the City's Public Information department recently received the Award of Excellence for the"City's Electronic Newsletter"by the Texas Association of Municipal Corpus Christi Page 1 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 Information Officers; 5) recognized Albert Perez for receiving award and participating in the Truck Driver Rodeo;6)66%of resident participate in Recycling Program; 7)the City will be hosting the US Sailing National Youth Competition in August 2013;8) recognized Constance Sanchez, Director of Finance for quality work on the City's Financial Report;9) recognized the Legal department for their work in settlement of lawsuits resulting in savings to the City of approximately$300,000 to$400,000. F. PUBLIC COMMENT Mayor Martinez referred to Public Comment. The following citizens spoke: Gene Reuner spoke regarding leaf blowers and code enforcement issues; Sterling Bokash spoke about the"No Kid left Behind" program and the removal of flouride from the water;Verna Townsend asked Council to reconsider the 2% Cost of Living Increase for City employees; Jose Marroquin spoke regarding the finances of the City,street maintenance fee and funding for private ventures; Roland Garza referred to an appeal filed by a Senior Citizen and the appeal process; Brooks Hooper asked the Council to reconsider the 2%Cost of Liviing Increase for City employees;Joan Veith spoke of the good things happening in Corpus Christi; Kim Mrazek asked the Council to consider placing a item on June 25th agenda regarding the"Nina"Ship;Joe Homnick spoke of the condition of the"Nina"Ship; Howard Lovelood spoke of the street maintenance fee;and John Kelley spoke of issues related to the Unified Development Code; Cost of Living Increase;and expanding master plans. H. EXECUTIVE SESSION: (ITEM 2) Mayor Martinez referred to Item No.2. The Council went into executive session. 2. Executive session pursuant to Section 551.087 of the Texas Government Code to discuss confidential commercial or financial information received from a business prospect that the City seeks to have locate, stay, or expand within the City limits and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect with possible discussion and action in open session. The council returned from executive session. Mayor Martinez announced that no action will be taken today on this item. I. MINUTES: 3. Approval of Meeting Minutes - May 28, 2013. Mayor Martinez referred to Item No.3. A motion was made by Council Member Scott,seconded by Council Member Magill to approve the minutes as presented and passed. J. BOARDS &COMMITTEE APPOINTMENTS: Corpus Christi Page 2 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 4. Ethics Commission Human Relations Commission Retired and Senior Volunteer Program Advisory Committee Sister City Committee Water Resources Advisory Committee Mayor Martinez referred to Board, Commission and Committee appointments and the following appointments were made: Ethics Commission: Reappointed -Haysam Dawood; New Appointment-Rod Wolthoff. (Note: The new appointment of Rod Wolthoff will be reconsidered at the June 24th council meeting since he did not receive the required two-thirds vote required by the Ethics Ordinance) Human Relations Commission: Reappointed -Elias Valverde,Jaimee Contreras, Corey Elizondo(Youth); New Appointment-Alice Aparicio-Bussey (Sells Dwellings),Almira Flores, Kyle James(Youth)and Faith Sara Meza (Youth) Retired and Senior Volunteer Program Advisory Committee: Reappointed - Dale Berry, Sylvia Portales,Abel Sanchez, and Merced Pena Sister City Committee: New Appointment-Mark Bradsher and Kevin Aguilar-Ferrari Water Resources Advisory Committee: New Appointment-Don Roach (Wholesale/Treated Water Customer),Jeff Edmonds (Residential Customer), Sam Sanders(Large Commercial Customer),and Mark Stroop(Military Facility Representative) Enactment No: L. CONSENT AGENDA: (ITEMS 5 -29) Mayor Martinez referred to the Consent Agenda, Item Nos. 5 through 29. Mayor Martinez asked for comments from the Council and the Public and there were none. The items were approved by one vote: 5. Amending Financial Policy Resolution amending Financial Policies adopted by Resolution 029826 and providing financial policy direction on preparation of the annual budgets. The foregoing resolution was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029848 6. Lease agreement for the lease of Copiers Motion approving a Lease Agreement with Dahill Office Technology Corporation, San Antonio, Texas for eighty-four (84) copiers in Corpus Christi Page 3 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 accordance with Request For Proposal No. BI-0121-13 based on lowest responsible proposal for an estimated three-year expenditure of $737,306.64. The term of the lease agreement shall be for thirty-six (36) months with an option to extend for up to two (2) additional twelve-month periods subject to the approval of the Contractor and the City Manager or designee. Funding will be requested for future fiscal years in the normal budget process. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013-093 7. Service Agreement for Drug &Alcohol Testing and Occupational Medical Services Motion approving a service agreement with Nueces Emergency Services d.b.a. The Doctor's Center of Corpus Christi, Texas for drug and alcohol testing and occupational medical services, based on only proposal received, in accordance with Request for Proposal Number BI-0048-13, for an estimated annual expenditure of$121,484.10, of which $20,247.35 is budgeted for the remainder of FY 12/13. The term of the service agreement will be for one-year with four automatic one-year extension periods. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013-094 8. Interlocal Agreement with Calallen Independent School District for bus transportation for Summer 2013 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for summer youth recreation programs. The foregoing resolution was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Corpus Christi Page 4 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 Enactment No: 029849 9. Interlocal Agreement with Corpus Christi Independent School District for bus transportation for Summer 2013 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. The foregoing resolution was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029850 10. Interlocal Agreement with Flour Bluff Independent School District for bus transportation for Summer 2013 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. The foregoing resolution was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029851 11. Interlocal agreement for the 2013 Summer Food Program Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. The foregoing resolution was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029852 Corpus Christi Page 5 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 12. Approving the use of Permanent Art Trust funds to complete sculpture installation Motion to approve expenditure up to $20,000 of Permanent Art Trust Fund for expenses related to installation of Gron art sculpture at Corpus Christi Police Department. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013-095 13. Engineering design contract for improvements for International Boulevard from State Highway 44 through the Corpus Christi International Airport(Bond Issue 2012) (Proposition No. 8 Economic Development Projects) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of$147,850, for International Boulevard from State Highway 44 through the Corpus Christi International Airport, for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 8 Economic Development Projects) The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013-096 14. Engineering design contract for Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2013 Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Engineering & Construction Management Services, LLC, of Corpus Christi, Texas in the amount of $83,500.00, for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2013. The foregoing motion was passed and approved with the following vote: Corpus Christi Page 6 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013-097 15. Engineering design contract for new office building at landfill Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Kleinfelder Central, Inc., of Corpus Christi, Texas in the amount of $115,509.00 for design, bid and construction phase services. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013-098 16. Engineering design contract amendment no. 3 for Bear Lane from Old Brownsville Road to South Padre Island Drive (Bond Issue 2008) Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to a Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of$73,470.00 for a restated fee of$1,170,020.00 for the Bear Lane Street Improvement Project from Old Brownsville Road to South Padre Island Drive for design of required waterline replacement. (Bond 2008) The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013-099 17. Authorizing the appointment of financial advisor for the issuance of General Improvement Bonds to finance Bond 2012 Projects Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2013" in an amount not to Corpus Christi Page 7 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 exceed $88,010,000. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013-100 18. Approving the FY 2013-2014 budget for the Corpus Christi Crime Control and Prevention District Resolution approving the FY 2013-2014 budget for the Corpus Christi Crime Control and Prevention District. The foregoing resolution was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029853 19. Second Reading Ordinance - Rezoning from Residential for Palm Land Investments, Inc. on property located at 7564 Brooke Rd. (1st Reading 5128113) Case No. 0413-01 Palm Land Investment, Inc.: A change of zoning from the "FR" Farm Rural District, "RS-6" Single-Family 6 District, and "RS-10" Single-Family 10 District to the "RS-4.5" Single-Family 4.5 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential. The property to be rezoned is described as being a 60.54-acre tract of land out of Lots 5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located east of Quail Creek Drive and at the east ends of Oso Parkway and Brooke Road. Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "FR" Farm Rural District, "RS-6" Single-Family 6 District, and "RS-10" Single-Family 10 District to the "RS-4.5" Single-Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Palm Land Investment, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 60.54-acre tract of land out of Lots 5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm Corpus Christi Page 8 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 and Garden Tracts, from the "FR" Farm Rural District, "RS-6" Single-Family 6 District, and "RS-10" Single-Family 10 District to the "RS-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029854 20. Second Reading Ordinance - Rezoning from Industrial to Commercial for The Palms at Leopard, Ltd. on property located at 2725 Leopard Street(1st Reading 5/28/13) Case No. 0413-04 The Palms at Leopard, Ltd.: A change of zoning from the "IH/SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Plan from light industrial to commercial uses. The property to be rezoned is described as being a 2.11-acre tract of land out of Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract, located along the east side of Palm Drive between Leopard Street and Lipan Street. Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "IH/SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by The Palms at Leopard, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 2.11-acre tract of land out of Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract, from the "IH/SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029855 Corpus Christi Page 9 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 21. Second Reading Ordinance -Authorizing the issuance of General Improvement Bonds to finance Bond 2012 Projects (1st Reading 5128113) Ordinance authorizing the issuance of"City of Corpus Christi, Texas General Improvement Bonds, Series 2013" in an amount not to exceed $88,010,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029856 22. Second Reading Ordinance -Texas General Land Office (GLO)-Coastal Impact Assistance Program (CIAP) grant award for construction of the Oso Bay Learning Center and Wetland Preserve (1st Reading 5128113) Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of$1.5 Million from the Texas General Land Office-Coastal Impact Assistance Program (CIAP) for the construction of the Oso Bay Coastal Environmental Learning Center. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029857 23. Second Reading Ordinance -Appropriating a State grant for the Corpus Christi Page 10 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 2013 Parks and Recreation Summer Food Program (1st Reading 5/28/13) Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029858 24. Second Reading Ordinance -Amending the lease of International Westside Baseball to add additional baseball fields at Greenwood/Horne Youth Sports Complex (Tabled 3/19/13) (Tabled 4/23/13) (1st Reading 5/28/13) Ordinance authorizing the City Manager or designee to execute an Amendment to the Lease Agreement with International Westside Baseball League for additional baseball fields at Greenwood/Horne Youth Sports Complex. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029859 25. Second Reading Ordinance -Construction contract for Billings Bait Stand and Clems Marina Parking Lot Construction (Re-Bid) (1st Reading 5/28/13) Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 by adding $100,000 in appropriated street assessments; adding $132,863.80 in Street Tax Notes; transferring $284,597.80 from Water CIP Project No. 180198 Programmed Waterline Lifecycle Replacement Project to the Billings Bait Stand and Clems Marina Boat Ramp Rehabilitation Phase Two Project; increasing expenditures in the amount of$232,863.80; and authorizing the City Manager or designee to execute a construction contract with Garrett Construction of Ingleside, Texas in the amount of Corpus Christi Page 11 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 $972,177.05, for the Billings Bait Stand and Clems Marina Parking Lot Construction for the Base Bid only. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029860 26. Second Reading Ordinance -Approval of a Developer Participation Agreement to reimburse Developer for the City's cost of Sydney Street (1st Reading 5128113) Ordinance authorizing the City Manager to execute a developer participation agreement with Alty Enterprises, Inc. ("Developer"), to reimburse the Developer up to $86,559.82 for the City's share of the cost to expand and extend Sydney Street. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029861 27. Second Reading Ordinance -Appropriating reimbursement funds from the Texas State Library Archives Commission (1st Reading 5128113) Ordinance appropriating $11,012.75 reimbursement received from the Texas State Library and Archives Commission for participation in Project Loan into the General Fund No. 1020, Central Library Organization No. 12800 to be used for library technology services. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029862 28. Second Reading Ordinance -Appropriating royalties from oil, Corpus Christi Page 12 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 gas, and mineral interests of the Estate of William T. Neyland (1st Reading 5128113) Ordinance appropriating $2,741.44 from royalties from oil gas and mineral interests bequeathed to the City from the Estate of William T Neyland into the Library Grants fund No 1068, Project No. 807713L for library technology services. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029863 29. Second Reading Ordinance - Repealing Section 2 -78 of the City code regarding the City's lay representative to the South Texas Library System (1st Reading 5128113) Ordinance repealing Sec 2-78 "Lay representative of city" of Article IV of Chapter 2 of the Corpus Christi Code, providing an effective date; and providing for publication. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029864 Mayor Martinez deviated from the agenda and referred to Item No. 38, Recycled Water Service. 38. First Reading Ordinance -Setting Terms and Conditions for Recycled Water Service Ordinance amending the Code of Ordinances by adding Article XIX, Recycled Water to Chapter 55 to provide for recycled water service, recycled water rates, recycled water delivery; providing for penalties; providing for severance; and providing for publication. Dan Biles, Director of Engineering stated that the purpose is to set terms and conditions for recycled water service and establish a rate and monthly charge Corpus Christi Page 13 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 for usage. He added that the City received authorization from the Texas Commission on Environmental Quality to use and deliver recycled water. Mr. Biles discussed the basics of the ordinance including the requirements for applying for recycled water service,terms and conditions for delivery, receipt and use of recycled water,establishing a monthly rate charge of$1.00 per 1,000 gallons used,and stated that the start date to begin charging this rate is August 1,2013. Mr. Biles then discussed the requirements for recycled water service, possible Type II uses,and water rate design. He stated that the public benefit values are that it is less expensive to use or to treat and users benefit from the savings; is a drought-resistant source of water; it is the only source of water that automatically increase with increased economic activity and population growth,and helps conserve traditional sources of water such as groundwater and surface water. After discussion, Council Member Magill made a motion to amend the Ordinance to reflect that as rate payers join the system,the cost for Year 1 is .75¢per thousand gallons;Year 2 is.75¢per thousand gallons;and Year 3 is $1.00 per thousand gallons,seconded by Council Member Leal and passed with the following vote: Allen, Garza, Leal, McIntyre, Magill, Riojas,voting "Aye"; Loeb and Martinez,voting "No";and Scott"Abstained". The forgoing ordinance was passed and approved on first reading as amended with the following vote: Aye: 7- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Nay: 1 - Mayor Martinez Abstained: 1 - Council Member Scott M. PUBLIC HEARINGS: (ITEMS 30 -31) 30. Public Hearing and First Reading Ordinance -Rezoning from Resort Commercial to Multifamily with a Planned Unit Development for Townhouses for Alex Harris, on property located at 14306 through 14334 Nemo Court. Case No. 0513-01 Alex H. Harris: A change of zoning from the "CR-2/10" Resort Commercial District with an Island Overlay to the "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan on the property described as Lots 17 - 24, Block 45, Padre Island - Corpus Christi Island Fairway Estates, located along the east side of Nemo Court, approximately 525 feet west of South Padre Island Drive (PR 22). Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "CR-2/10" Resort Corpus Christi Page 14 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 Commercial District with an Island Overlay to the "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay, subject to 10 conditions. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Alex H. Harris, acting as agent on behalf of Williams Airline Partners, Ltd., owner of Lots 17-21, and by Alex H. Harris, owner of Lots 22-24, Block 45, Padre Island - Corpus Christi - Island Fairway Estates, from the "CR-2/10" Resort Commercial District with an Island Overlay to the "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item No.30. Mark Van Vleck, Director of Development Services stated that the purpose of this request is to allow 44 townhouses as part of a Planned Unit Development for property located along the est side of Nemo Court. A motion was made by Council Member McIntyre, seconded by Council Member Loeb to open the public hearing and passed. There were no comments from the audience. A motion was made by Council Member Scott,seconded by Council Member McIntyre to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 31. Public Hearing and First Reading Ordinance - Rezoning from Estate Residential to Low Density Residential for Kitty Hawk Development, Ltd. on property located at 3142 South Staples Street (Tabled on 5/28/13) Case No. 0413-02 Kitty Hawk Development, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CN-1" Neighborhood Commercial District on Tract 1, the "RE" Residential Estate District to the "RS-15" Single-Family 15 District on Tract 2, and the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District on Tract 3. The property is described as being a 58.969-acre tract of land out of the south half of Section 31, Laureles Farm Tracts, located along the south side of South Staples Street (FM 2444) and along the east side of County Road 41. Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "RE" Residential Estate District to the "CN-1" Neighborhood Commercial District on Tract 1, Corpus Christi Page 15 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 from the "RE" Residential Estate District to the "RS-15" Single-Family 15 District on Tract 2, and from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District on Tract 3. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Kitty Hawk Development, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 58.969-acre tract of land out of the south half of Section 31, Laureles Farm Tracts, from the "RE" Residential Estate District to the "CN-1" Neighborhood Commercial District on Tract 1 and to the "RS-15" Single-Family 15 District on Tract 2, and from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District on Tract 3; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item No.31. Mark Van Vleck, Director of Development Services stated that the purpose of this request is to allow development of a single-family subdivision with minimum lot sizes of 15,000 square feet and reduce the amount of neighborhood commercial zoning. A motion was made by Council Member Garza,seconded by Council Member Scott to open the public hearing and passed. Javier Huerta spoke in support of a special permit;John Kelly stated that a new district, RS-21 or RS-22 would adquately describe the zoning;and Pat Veteto spoke on behalf of the applicant and in support of the RS-15 zoning recommended. A motion was made by Council Member Loeb,seconded by Council Member Scott to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Nay: 1 - Council Member Leal Abstained: 0 N. REGULAR AGENDA: (ITEMS 32 -36) 32. Amending the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include the City of Driscoll as a participant Resolution authorizing the City Manager, or his designee, to execute an amendment to the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include the City of Driscoll as a participant. Mayor Martinez referred to Item No.32. Floyd Simpson, Chief of Police stated that this item is modifying the existing MetroCom interlocal agreement to Corpus Christi Page 16 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 include the City of Driscoll to use the MetroCom for all 911 emergency calls and law enforcement functions. Mayor Martinez asked for comments from the public and there were none. The foregoing resolution was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Loeb Abstained: 0 Enactment No: 029865 33. Amending the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority (RTA) and Nueces County to include the City of Driscoll for the public safety radio system Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the City of Driscoll as a participant for a public safety radio system. Mayor Martinez referred to Item No.33. Floyd Simpson, Chief of Police stated that this item is to amend the Radio Communications Sytem agreement between the City,the Regional Transportation Authority,and Nueces County to include the City of Driscoll to use the public safety radio system. Mayor Martinez asked for comments from the public and there were none. The foregoing resolution was passed and approved with the following vote: Aye: 7- Council Member Allen, Council Member Leal, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Loeb and Council Member Scott Abstained: 0 Enactment No: 029866 34. Resolution supporting the Harbor Bridge Replacement Project Resolution in support of the Texas Department of Transportation's project to replace the Harbor Bridge and the Corpus Christi Metropolitan Planning Organization's commitment to provide certain project funding. Mayor Martinez referred to Item No.34. Dan Biles, Director of Engineering stated that this item is to support funding for the replacement of the Harbor Bridge. Mayor Martinez called for comments from the public and there were none. Corpus Christi Page 17 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 The foregoing resolution was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Loeb Abstained: 0 Enactment No: 029867 35. Installation of LED Street Lights on Chaparral between William and Schatzell (Bond Issue 2008) Motion authorizing the City Manager or designee to execute a Contribution-In-Aid-of-Construction Agreement with AEP in the amount of$51,032.14 for the installation of LED Street Lights on Chaparral Street between William and Schatzell .(Bond 2008) Mayor Martinez referred to Item No.35. Dan Biles, Director of Engineering stated that this item is to approve an agreement with AEP to install LED street lights on Chaparral Street between William and Schatzell. Mayor Martinez asked for comments from the public and there were none. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Loeb Abstained: 0 Enactment No: M2013-101 36. Engineering design contract for the Oso Water Reclamation Plant nutrient removal and re-rate to 24 million gallons daily - Phase 2 (Final) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas in the amount of$9,998,629.00, for the Oso Water Reclamation Plant Nutrient Removal and Re-rate to 24 MGD - Phase 2 (Final) for design, bid, and construction phase services. Mayor Martinez referred to Item No.36. Dan Biles, Director of Engineering stated that this item is to authorize the design contract related to Phase 2 facility improvements for the Oso Water Reclamation Plan Nutrient Removal. Mayor Martinez asked for comments from the public and there were none. The foregoing motion was passed and approved with the following vote: Corpus Christi Page 18 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 Aye: 7- Council Member Allen, Council Member Leal, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 2- Council Member Loeb and Council Member Riojas Abstained: 0 Enactment No: M2013-102 O. FIRST READING ORDINANCES: (ITEMS 37 -40) 37. First Reading Ordinance -Approving the Annual Audit Plan Ordinance to approve the Annual Audit Plan for FY 2013-2014 The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 39. First Reading Ordinance -Appropriating funds to reimburse John C. and Cheryl L. Hooper for the wastewater development fees paid in 2003 Ordinance appropriating $5,495.10 from the No. 4220 Wastewater Trunk System Trust Fund to refund John C. and Cheryl L. Hooper wastewater lot/acreage fees previously paid for Lot 7, Block 4, Oak Terrace Unit 2 and authorizing the City Manager or designee to issue payment. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 40. First Reading Ordinance -Type A Grant for Sam Kane Beef Processors, LLC Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Sam Kane Beef Processors, LLC ("Sam Kane") to Corpus Christi Page 19 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 provide a grant of up to $3,000,000 for the retention of jobs at their beef packing plant in the City of Corpus Christi extra territorial jurisdiction, amending the budget to allow for this funding of up to $3,000,000 from the Unreserved Fund balance in the No. 1140 Business/Job Development Fund and appropriating up to $3,000,000 to the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund. Mayor Martinez referred to Item No.40. Emily Martinez, Economic Development Corporation stated that this is approving a grant of$3,000,000 over five years for Sam Kane Beef Processors for the retention of 739 jobs and creation of 100 job at their facility located in Corpus Christi. Mayor Martinez asked for comments from the public and there were none. A motion was made by Council Member Loeb,to include the approval of the Project Service Agreement, seconded by Council Member McIntyre and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 41 -45) Mayor Martinez referred to the Future Agenda, Items 41 through 45 and stated that these items are for informational purposes only and that no action or public comment would be taken. There was no requested presentation on the items. 41. Purchase and Installation of Security Equipment Motion approving the purchase and installation of sixteen (16) CCTV cameras and an access control system from MCS Fire & Security, Corpus Christi, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $76,634.81. Funds have been budgeted by the Aviation Department in FY 2012- 2013. This Motion was recommended by staff to the Consent Agenda. 42. Application for a Hazardous Materials Emergency Preparedness Planning Grant Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of$65,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2014 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a detailed hazardous materials vulnerability Corpus Christi Page 20 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 assessment to increase effectiveness in safely and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right-to Know Act of 1986, with a hard match of$13,000; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. This Resolution was recommended by staff to the Consent Agenda. 43. Engineering Design Contract -for emissions and odor control improvements at the Greenwood Wastwater Treatment Plant Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of $85,954.00, for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvements. This Motion was recommended by Staff to the Consent Agenda. 44. Agreement withTexas Department of Transportation (TXDOT) to contribute Right of Way funds for highway improvements on FM 43 (Weber Road)from SH 286 (Chapman Ranch Road) to Yorktown Boulevard Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard, with the City's participation in the amount of$5,500. This Resolution was recommended by Staff to the Consent Agenda. 45. Agreement with Texas Department of Transportation (TXDOT) to contribute Right Of Way funds for highway improvements on FM 2444 (Staples Street)from SH 286 (Chapman Ranch Road) to Oso Parkway Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway, with the City's participation in the amount of$67,000. This Resolution was recommended by Staff to the Consent Agenda. Corpus Christi Page 21 Printed on 611812013 City Council Meeting Minutes -Final June 11,2013 Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 46 -47) 46. City Council Policy regarding Board Recommendations Mayor Martinez referred to Item No.46, City Council Policy regarding Board Recommendations. Mr.Armando Chapa, City Secretary stated that the policy of requesting recommendations for City boards,commissions and committee appointments has been inexistence since March 1988. Mr. Chapa provided and referred to a listing of the City's boards with Advisory Authority Only and City Boards with Limited or Final Authority. Council Member Loeb made a motion to only seek board recommendation for appointment from the following committees: City Council's Youth Advisory Committee, Commission on Children&Youth, Committee for Persons with Disabilities, Food Service Advisory Committee, Leadership Committee for Senior Services, Oil &Gas Advisory Committee, Retired and Senior Volunteer Program Advisory Committee,Senior Companion Program Advisory Committee,and Tree Advisory Committee,seconded by Council Member Scott and passed. Council Member Magill requested that the address information for individuals being considered for appointment be included in the board packet. 47. Phased Evacuation Procedures in the Event of a Huricane Mayor Martinez referred to Item No.47, Evacuation Procedures in the Event of a Hurricane. Billy Delgado. Emergency Management Coordinator provided an overview of the Phased Evacuation Procdures. He discussed the evacuation trigger points,the clearance times for different scenarios, inundation through the city,and the evacuation surge. Mr. Delgado then discussed the evacuation zones for Zone A-Port Aransas and Padre Island;Zone B-Flour Bluff, North Beach,Texas A&M University-CC and portions of the Port;Zone C-South Side and Port;Zone D-Midtown;and Zone E-all others and Western County. He then discussed the evacuation planning timeline, RTA Collection Points, bus boarding,and registration of citizens using the Texas Evacuation Trackng Network. R. ADJOURNMENT There being no further business to come before the council, Mayor Martinez declared the meeting adjourned at 4:05 pm. Corpus Christi Page 22 Printed on 611812013 Cyr 0 � AGENDA MEMORANDUM oPOaEO Future Item for the City Council Meeting of June 11, 2013 1852 Action Item for the City Council Meeting June 25, 2013 DATE: June 11, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeL cctexas.com (361) 826-3169 Fred Segundo, Director of Aviation fres cctexas.co (361) 289-0171 Purchase of Security Equipment CAPTION: Motion approving the purchase and installation of sixteen (16) CCTV cameras and an access control system from MCS Fire & Security, Corpus Christi, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $76,634.81. Funds have been budgeted by the Aviation Department in FY 2012- 2013. PURPOSE: To provide security and access control at the Airport's Quick Turnaround Facility. BACKGROUND AND FINDINGS: The Quick Turnaround Facility is a new City-owned facility that consolidates rental car, maintenance, and storage operations at the Airport. The facility allows the fueling, cleaning (wash and vacuum), maintenance, and storage of fleet rental car vehicles that service the Airport. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The Airport is one of two City facilities that have an independent security access control system. To date, they have invested approximately $80,000.00 in the existing system and we are integrating this purchase with their existing system. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Aviation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $911,269.86 $0 $911,269.86 Encumbered / Expended Amount $823,428.89 $0 $823,428.89 This item $76,634.81 $0 $76,634.81 BALANCE $117206.16 $117206.16 Fund(s): Airport CFC Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION SECURITY EQUIPMENT BUYER: GERALD GOODWIN TXMAS CONTRACT NO. 9-84060 MCS FIRE &SECURITY CORPUS CHRISTI, TEXAS UNIT TOTAL ITEM DESCRIPTION QTY. UNIT PRICE PRICE 1 Purchase and installation of 16 Pelco IP Sarix 1 Lot $76,634.81 $76,634.81 cameras and access control system. TOTAL: $76,634.81 .ALTS C� C� Ok' r7 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 11, 2013 sa32 Action Item for the City Council Meeting of June 18, 2013 DATE: 5131113 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Application for a Hazardous Materials Emergency Preparedness Planning Grant for the City of Corpus Christi/Nueces County LEPC Program year 2013-2014 CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of$65,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2014 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safely and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right-to Know Act of 1986, with a hard match of $13,000; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. PURPOSE: The data and analysis will be used to enhance emergency plans and response procedures for emergencies involving transportation of hazardous materials and fixed site storage. BACKGROUND AND FINDINGS: The Corpus Christi/Nueces County LEPC recently completed a Commodity Flow Study to assess hazardous materials transported throughout the County including our three hazardous materials highways (IH37, US77 and US181), major rail carriers and hundreds of miles of pipelines. The study yielded 400 facilities with approximately 2,500 stored chemical substances. The proposed study will use the comprehensive commodity flow and facility data to complete a detailed risk analysis of at-risk transportation activities and industrial facilities throughout Nueces County and neighboring jurisdictions that may have an adverse impact on the public safety/health of Nueces County residents, visitors and its workforce. ALTERNATIVES: If we don't apply and receive the grant, we will have limited information to prepare plans and train for hazardous material incidents. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Resolution to submit grant application. EMERGENCY I NON-EMERGENCY: This is a Non-Emergency, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance— Federal Grants and Office of Management and Budget FINANCIAL IMPACT: o Operating o Revenue o Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered 1 Expended Amount 0 This item 01 1 01 0 BALANCE 01 01 0 0 Fund(s): Comments: The FY 2013-2014 LEPC Budget is $100,794.69. This budget can absorb the 20% match of.$13,000.00. The City of Corpus Christi/Nueces County LEPC had approved a motion to apply for this grant. RECOMMENDATION: Council approval of Resolution to submit grant application. LIST OF SUPPORTING DOCUMENTS: Grant Application Resolution RESOLUTION Authorizing the City Manager, or designee, to submit a grant application in the amount of $65,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2014 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safely and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right-to Know Act of 1986, with a hard match of $13,000; and authorizing the City Manager, or 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 $65,500 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2014 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safely and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and community Right-to Know Act of 1986, with a hard match of $13,000. Section 2. The City Manager, or designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. 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 Texas Department of Public Safety, Governor's Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program, ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor 2 Corpus Christi, Texas of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott APPLICATION FORM-Due July 1,2013 to TDEM HMEP Application Coversheet for FY 2014 grant year 1. APPLICANT INFORMATION PLEASE TYPE ALL INFORMATION a. Legal Name of LEPC county or city: Geographic area covered/Project Title: City of Corpus Christi/Nueces County LEPC Nueces County b. Name of Grant Manager: Address: Richie Quintero, Deputy Fire Chief 2406 Leopard Street, Suite 300 Telephone: Corpus Christi,TX 78408 (361)826-3936 Fax: (361)887-8053 e-mail address: RichieQ @cctexas.com c. Name of person writing final summary letter: Address: Richie Quintero, Deputy Fire Chief 2406 Leopard Street, Suite 300 Telephone: Corpus Christi, TX 78408 (361)826-3936 Fax: (361)887-8053 e-mail address: Rich ieQ@cctexas.com d. Name of person who will administer funds': Address: Rick Ramos, LEPC Finance Committee Chairperson 2406 Leopard Street, Suite 300 Corpus Christi,TX 78408 Telephone: (361)826-3938 Fax: (361)887-8053 e-mail address: Rickr @cctexas.com e. County or City's Vendor Identification Number: 74-6000-754 2. CERTIFICATION To the best of my knowledge and belief,all information in this application is true and correct. The document has been duly authorized by the(county judge,mayor,city manager]and a majority vote of the Local Emergency Planning Committee. The County/City of Corpus Christi wilt serve as fiscal agent for the project and comply with all contractual obli coons if assistance is provided. NAME OF LEPC CHAIR: SIGNATURE Robert Rocha TELEPHONE: (361)826-3932 DATE: FAX: 361 826-4281 NAME OF AUTHORIZED FISCAL AGENTZ: Ronald L. Olson TITLE: SIGNATURE Corpus Christi rCiit Manager FAX:TELEPHONE-(361)826Td39 6-3222 DATE: 1 This cannot be the LEPC Chair or grant manager.Must be a member of the authorized fiscal agent. 2 This is the county or city fiscal agent that will manage of any and all monies awarded under this grant. 24 Hazardous Materials Emergency Preparedness Grant FY2014 DESIGNATION STATEMENT City of Corpus Christi on behalf of Applicant City of Corpus Christi/Nueces County LEPC Date 5/31/2013 Project Title Nueces County Toxic Industrial Chemical&Vulnerability Assessment-Phase One Mailing Address 2406 Leopard Street, Suite 300 Corpus Christi, TX 78408 Project Manager Richie Quintero Phone (361)826-3936 Title Deputy Fire Chief E-Mail Address: RichieQ @cctexas.com Financial Officer* Rick Ramos Phone (361) 826-3938 Title LEPC Finance Committee Chairperson Total Project Budget: $65,000 (100%) HMEP Share: $52,000 (80%) Local Share: $ 13,000 (20%) *FINANCIAL OFFICER CANNOT BE THE PROJECT MANAGER CERTIFICATION 1 certify that I have the legal authority to make a commitment to the project on behalf of the applicant and that the project manager indicated above has the responsibility for the daily implementation of the proposed project. I certify that I am duly authorized to act on behalf of the recipient organization and the recipient agrees with the requirements of the "Offer and Acceptance" clause, and that the award is subject to the applicable provisions of 49 CFR § 110 et seq., 49 CFR Part 18, and of the provisions of TDEM Assistance Agreement Contract. I certify that the financial manager indicated above has the responsibility for the fiscal management of the grant and has the legal authority to certify all financial status reports, invoices and requests for payments that will be submitted. I certify that the information in the attach application is true to the best of my knowledge. By submitting this application, I am making a commitment to the proposed project, budget, match share and scope of work(Project Narrative and Work Schedule and Deliverables). Richie Quintero/ Deputy Fire Chief Project Manager(print/signature) Title Date 22 Hazardous Materials Emergency Preparedness Grant FY2014 PROJECT NARRATIVE (must be completely outlined,use additional paper if necessary) Applicant/Local Government: Corpus Christi/Nueces County LEPC Project Title: Toxic Industrial Chemical &Material Vulnerability Assessment-P1 The City of Corpus ChristilNueces County LEPC (CC/NC LEPC)intends to build on previous initiatives to complete a detailed hazardous materials vulnerability assessment to increase effectiveness in safely and efficiently handling hazardous materials accidents and incidents and to further enhance our implementation of the Emergency Planning and Community Right-to-Know Act of 1986. The CC?NC LEPC recently completed a Commodity Flow Study to assess hazardous materials transported throughout the County including our three hazardous materials highways (1H37, US77& US181), major rail carriers and hundreds of miles of pipelines. Additionally, in 2011,the CC/NC LEPC contracted services to develop a comprehensive list of regulated industrial facilities, complete with associated hazardous material storage based on available regulatory data. This comprehensive list yielded 400 facilities with approximately 2,500 stored chemical substances. The proposed Phase One Project will utilize the comprehensive commodity flow and facility data to complete a detailed risk analysis of at-risk transportation activities and industrial facilities throughout Nueces County and neighboring jurisdictions that may have an adverse impact on the public safety/ health of Nueces County residents, visitors and its workforce. The analysis will include an assessment of model releases from industrial facilities and transportation threats, probability of trigger events from natural disasters, accidents,and terrorism incorporating historical weather probability data, a compilation of plants and procedures from key personnel, organizations and process owners, and a calculation of severity by determining patient profiles. This information will be used to enhance emergency plans and response procedures for emergencies involving transportation of hazardous materials and fixed site storage (specifically the update of local Annex Q: Hazardous Materials and Oil Spill Response as required by the Texas Division of Emergency Management). This information will also be used to assess local response capabilities and determine needs to enhance regional hazardous materials emergency response teams. This project was unanimously approved by the LEPC membership and is being supported by numerous regional, state and federal organizations including, but not limited to, the Coastal Bend Council of Governments, Coastal Bend Regional Advisory Council (TSA-U), Corpus Christi 24 Hazardous Materials Emergency Preparedness Grant FY2014 WORK SCHEDULE AND DELIVERABLES Applicant .Corpus ChristilNueces County t_EPC Project Title Toxic Industrial Chemical &Material Vulnerability Assessment- P1 Project Activities, Tasks, MONTHLY PROGRESS SCHEDULE And Deliverables 1 2 3 4 5 6 7 8 9 10 11 12 Receive notice of grant award x x Complete contract award Submit first quarter progress report x Conduct initial project meeting with stakeholders x Conduct intermediate project meeting with stkhldr x Conduct final project meeting with stakeholders x Submit second quarter progress report x Receive first draft for review and comment x Submit third quarter progress report x Receive final draft x Approve final product x Closeout grant x Submit final grant report to TDEM x 25 Hazardous Materials Emergency Preparedness Grant FY2014 BUDGET SHEET (must be fully completed) Applicant(local government) Corpus Christi/Nueces County LEPC Project Title Toxic Industrial Chemical & Material Vulnerability Assessment-P 1 HMEP SHARE MATCH SHARE TOTAL COSTS PERSONNEL SERVICES Salaries and Wages 0 0 Q OPERATING EXPENSES Travel 0 0 0 Office Supplies 0 0 0 Facility Rental Q Q p Communications 0 0 0 Printing 0 0 0 Postage a a Q Other Direct Expenses 0 0 0 ' 3. SlJ1JTOTAL z' �& ' r1'I.,�s § k �y 1111-�PROFESSIONAL SERVICES Professional/Consultant 52,000 .00 13,000.00 65,000.00 Nvt lIJ<V �¢ .�9 g6. Note: No Overtime or Call Backs No Equipment Purchases No Software with the exception of CAMEO. 26 Hazardous Materials Emergency Preparedness Grant FY2014 405-12-25072 HMEP-Grant BUDGET SHEET(must be completed in full) Applicant(local government) Corpus Christi/Nueces Co LEPC Project Title Toxic Industrial Chemical & Material Vulnerability Assessment- P1 HMEP SHARE MATCH SHARE TOTAL COSTS PERSONNEL SERVICES PROFESSIONAL SERVICES SUBCONTRACT Salaries and Wages 49,200.51 12,300.13 61,500.64 __I]_OPERATING EXPENSES Travel 2,399.49 599.87 2,999.36 Office Supplies 0 0 0 Facility Rental a. a a Communications 0 0 0 Printing 400.00 100.00 500.00 Postage Other Direct Expenses 0 0 0 NORM - Professional/Consultant tip r ��h�+ y rrk si ' x� � ti v..dw. wa.,s .® �eC-�a. �`p����.:F.-SM$< C ��r. -:�� �..ui�✓ `'F"5��',?°,��,',�:4 � �i �'f �� t 1.. Note: No Overtime or Call Backs No Equipment Purchases No Software with the exception of CAMEO. Hazardous Materials Emergency Preparedness Grant FY20I3 26 - Texas Division of Emergency Management Department of Public Safety Grant Assurances for the Hazardous Materials Emergency Pre aredness Grant Name of Applicant: City of Corpus ChristilNueces County LEPC Address: 2406 Leopard St, Suite 300 City: Corpus Christi State: TX Zip Code: 78408 Telephone Number: 3( 61 826-3900 Fax Number: 361 887-8053 E-Mail Address: RichieQ @cctexas.com Cell Phone: (361)887-8053 As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the Hazardous Materials Emergency Preparedness Grant. 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs. 3. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. Will provide progress reports and such other information as may be required by the awarding agency. 5. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 6. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business or other ties. 7. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 29 Hazardous Materials Emergency Preparedness Grant FY2014 8. Will comply with all federal statues relating to nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin; b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse; £ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended,relating to nondiscrimination in the sale, rental or financing of housing; . i. Title 49, Code of Federal Regulations, Parts 21 and 27; j. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and k. The requirements on any other nondiscrimination statute(s), which may apply to the application. 9. Will comply, if applicable, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. 10. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(x) of the flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply; if applicable, with environmental standards which may be prescribed pursuant to the following: a. institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order(EO) 11514; b. notification of violating facilities pursuant to EO 11738; c. protection of wetlands pursuant to EO 11990; d. evaluation of flood hazards in floodplains in accordance with EO 11988; e. assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 ct seq.); 30 Hazardous Materials Emergency Preparedness Grant FY2014 f. conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended(42 U.S.C. § 7401 et seq.); g. protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and h. Protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will comply, if applicable, with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance, if applicable, with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq). 14. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728- 4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System.of Personnel Administration(5 C.F.R. 900, Subpart F). 15. Will comply with provisions of the Hatch Act(5 U.S.C. Sections 1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 16. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 17. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 18. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor.standards for federally assisted construction sub agreements. 19. Will not make any award or permit any award (sub grant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689,"Debarment and Suspension." 31 Hazardous Materials Emergency Preparedness Grant FY2014 20. Agrees that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; b. If any other funds than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including sub grants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 21. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities,and will not supplant(replace)non-federal funds. 22. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-87, a-102, and A-133, Title 49, Code of Federal Regulations, and any other Federal laws or regulations that are applicable to this grant. 23. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Project Manager: Printed Nanie Project Manager: Title: Date: 32 Hazardous Materials Emergency Preparedness Grant FY2014 bus c a AGENDA MEMORANDUM N�A�PaRA«° Future Item for the City Council Meeting of June 11, 2013 xs Action Item for the City Council Meeting of June 25, 2013 DATE: May 22, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Foster Crowell, Director of Wastewater Services FosterC @cctexas.com (361) 826-1801 Engineering Design Contract Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvements CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of $85,954.00, for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvements. PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P. for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvements. BACKGROUND AND FINDINGS: The Greenwood Wastewater Treatment Plant continues to have issues with nuisance odors which affect the adjoining properties and was cited by Texas Commission of Environmental Quality (TCEQ) monitoring. Odor control facilities are needed to improve the fugitive odors/emissions to be compliance with the requirements of TCEQ. The initial preliminary engineering phase of this project, which is anticipated to complete in September 2013, aims to determine the source and constituents of the odors and the final odor control improvements, which will be detailed in the Preliminary Engineering Letter Report. Coym, Rehmet & Gutierrez Engineering, L.P. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2011-05 dated November 14, 2011. ALTERNATIVES: 1. Execute the Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P. as proposed. 2. Do not execute the Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P. as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012-2013 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $202,500.00 $2,595,000.00 $2,797,500.00 Encumbered / Expended Amount This Item $85,954.00 $85,954.00 Future Anticipated Expenditures This Project $16,500.00 $2,343,000.00 $2,359,500.00 BALANCE $100,046.00 $252,000.00 $352,046.00 Fund(s): Wastewater CIP #16 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $85,954.00. RECOMMENDATION: City Staff recommends the contract be awarded to Coym, Rehmet & Gutierrez Engineering, L.P. of Corpus Christi, Texas, in the amount of$85,954.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PROJECT BUDGET Greenwood Wastewater Treatment Plant Emission & Odor Control Improvements FUNDS AVAILABLE: Wastewater CIP................................................................................................... $2,797,500.00 FUNDS REQUIRED: Construction Estimate (Contractor TBD).................................................................... $1,950,000.00 Contingencies (10%).............................................................................................. 195,000.00 Engineer: Engineer Preliminary Phase (Coym, Rehmet &Gutierrez Engineering, L.P.)..................... 85,954.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)........................................ 43,875.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)............................................ 68,250.00 Construction Observation Services.......................................................................... 68,250.00 Finance.............................................................................................................. 24,375.00 Misc. (Printing, Advertising, etc.)............................................................................. 9,750.00 TOTAL............................................................................................................... $2,445,454.00 PROJECT BUDGET BALANCE.............................................................................. $352,046.00 File \Mproject\councilexhibits\exhEl0047.dwg FON /vu"Os � MU ECES DAY j RD �' � a CDaOOe/ °o _ o � IH37 Q N o z o _ Y Q Q A�NES AGNES HWY 44 moecaN Co_R'P11s CORPUS C .S11 CHRISTI z INTERNATIONAL o BEAR BAY o AIRPORT } `t'9y� MMcCLOIN RD. c� W POINT 0 D R oz DDT(T a HR B, �DL(r Q �_ FDq DR PROJECT LOCATION gDgrD�BEAD �� 'D RArD DE` 0s0� LOCATION MAP NOT TO SCALE Q o FR,o SAN IP s Ov C E FE► E C q��FS CA►► ,rF N T 4f qN ooiry V� <OCgs V� O� TR�'O< OFReY OOO FcRo�NO OR O s� s'40 RSONO'Q °� <gNOS'PO c� OG PROJECT SITE o0 yo �v SITE PLAN PROJECT# E10047 NOT TO SCALE GREENWOOD WASTEWATER CITY COUNCIL EXHIBIT TREATMENT PLANT EMISSIONS & CITY OF CORPUS CHRISTI TEXAS DEPARTMENT OF ENGINEERING SERVICES ODOR CONTROL IMPROVEMENTS PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City)acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Coym, Rehmet & Gutierrez Engineering, L.P., a Texas corporation, 5656 South Staples Street, Suite 230, Carpus Christi, Nueces County,Texas 78411, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvements (Project No. E10047) — The Greenwood Wastewater Treatment Plant, located at the intersection of Greenwood Road and Saratoga Boulevard, has experienced problems with odors which affect the adjoining locales. Odor control facilities will be constructed to ameliorate the fugitive odors/emissions. An initial preliminary engineering phase (Preliminary Engineering Letter Report) will determine the source and constituents of the odors. The final odor control improvements will be determined by the approved recommendations which will be detailed in the Preliminary Engineering Letter Report. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense,to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition,A/E will provide monthly status updates(project progress or delays, gantt charts presented with monthly invoices)and provide contract administration services,as described in Exhibit"A" and "A-1", to complete the Project. Exhibit "A-1" provides supplemental description of services to Exhibit "A" and is not intended to supersede services described in Exhibit "A". Work will not begin on Additional Services until requested by the A/E(provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects)which are shown and are in accordance with"Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit"A". This schedule is not to be inclusive of all additional time that may Contract for Engineering(A/E)Services Page 1 of 4 KIENGINEERING DATAEXCHANGEUENNIFERIWASTEWATER%EIM47 GREENWOOD WWrP EMMISSIONS ODOR CONTROUCONTRAMCONTRACT.DOC be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit"B". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $85.954.00, (Eighty-Five Thousand Nine Hundred Fifty Four Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit"C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75%of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign,transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership,this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering(A/E)Services Page 2 of 4 MENGINEERING DATAEXCHANGEUENNIFERIWASTEWATERTIM47 GREENWOOD WWTP EMISSIONS ODOR CONTROL\CONTRACTICONTRACT.DOC 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Contract for Engineering(A/E)Services Page 3 of 4 KIENGINEERING DATAEXCH ANGEWENNIFERIWASTEWATER\E10047 GREENWOOD WWTP EMISSIONS ODOR CONTROLICONTRACTICONTRACT.DOC CITY OF CORPUS CHRISTI COY M,, REHMET & GUTIERREZ ENGINEERING, L.P. Z., L. 0A4 -6-12.2Z It Oscar R. Martinez, Date Frincipal n Rehet, P. '° , D e Assistant City Manager 5656 S. Staples Street, Suite 230 Corpus Christi, Texas 78411 RECOMMENDED (361) 991-8550 Office (361) 993-7569 Fax CDa Bales, P,E,, Dat Director of Engineering Services Operating Department Date APPROVED AS TO FORM Office of Management date and Budget ATTEST Armando Chapa, City Secretary ENTERED Project No. E10047 Fund Source No. 550950-4249-00000-E36647 MAY 2013 ? � Fund Name: Wastewater 2012B CI (RevBds Encumbrance No. Contract for Engineering(AIE)Services Page 4 of 4 K\ENGSNEERING DATAF-XCHAA,NGEWENNIFER1WASTEWATERXE10047 GREENWOOD JvWTP EMMISSIONS ODOR CONTROOCONTRAC CONTRACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI,TEXAS Greenwood Wastewater Treatment Plant Emissions/Odor Control Project (Project No. E10047) I. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Architect/Engineer-A/E will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives,and upon approval,proceed with an Engineering Letter Report which includes preliminary designs, drawings, and written description of the project. This report shall include: b. Confer with the City staff at the start of this phase regarding the design parameters of the Project. The Engineer will participate in a minimum of one(1)formal meeting with City staff,provide agenda and purpose for each formal meeting;document and distribute meeting minutes and meeting report within seven (7)working days of the meeting. The A/E will discuss the project with the operating department (VvateF, c. Submit one(1)copy in an approved electronic format,and one(1)paper copy of the Draft Engineering Letter Report of identified feasible alternatives,and review with City staff to produce an acceptable format. The Draft Engineering Letter Report will include the following(with CONSTRUCTABILITY being a major element in all the following items): 1) Review the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project. The A/E will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site,list of potential problems and possible conflicts,intent of design,and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions,potential right of way/easements to be acquired,and probable Project design solutions (which are common to municipalities), in accordance with (GYASGra 38 02). SUb6UFfaGe iRvestigation will be paid as aR additional ser�is� EXHIBIT"A" Page 1 of 10 Revised April 2010 4) Provide a presentation of pertinent factors, sketches, designs, cross- sections,and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements,identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). 5) Advise of environmental site evaluations and archeology reports that are needed for the Project(environmental issues and archeological services to be an Additional Service). 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive,well-defined proposed scope of design, probable cost estimates and design alternatives. 8) Provide a letter stating that the A/E and Sub-consultant Engineers have checked and reviewed the Draft Engineering Letter Report prior to submission. 9) Provide an analysis on project impacts towards "re-engineering" and effects on cost savings toward City operations, which this project will affect. d. Assimilate all review comments of the Draft Engineering Letter Report(if any)and provide one (1) set of the Final Engineering Letter Report (electronic and hard copies using City Standards as applicable) suitable for reproduction. Said Final Engineering Letter Report henceforth becomes the sole property and ownership of the City of Corpus Christi. City staff will provide one set only of the following information (as applicable): a. Record drawings, record information of existing facilities, and utilities(as available from City Engineering files). b. The preliminary budget, specifying the funds available for construction. c. Aerial photography for the Project area. d. Through separate contract, related GIS mapping for existing facilities. e. A copy of existing studies and plans. (as available from City Engineering files). f. Field location of existing city utilities. (A/E to coordinate with City Operating Department.) g. Provide applicable Master Plans. h. Provide bench marks and coordinates. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed,the A/E will: a. Study, verify, and implement Engineering Letter Report recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s)and Engineering Services staff. EXHIBIT"A" Page 2 of 10 Revised April 2010 b. Prepare one (1) set of the construction bid and contract documents(electronic and full-size hard copies using City Standards as applicable), including contract agreement forms,general conditions and supplemental conditions,notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction(to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recommended construction schedule.The construction schedule will provide a phased approach to track progress and payments. e. Furnish one (1) set of the interim plans (60% submittal - electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Show existing elevations resulting from topographic survey. Show locations of utility lines, structures and their respective elevations resulting from the S.U.E. Use the City's numbering system for utility manholes. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities. Required with the interim plans is a "Plan Executive Summary"which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non-standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed. g. Provide one (1) set of the pre-final plans and bid documents (90% submittal - electronic and full-size hard copies using City Standards as applicable)to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants. h. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, pre-final(if required),and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant A/E and Sub-consultant A/E shall submit a letter EXHIBIT'W' Page 3 of 10 Revised April 2010 declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical,electrical, etc. i. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j. Assimilate all final review comments (if any). k. Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents(electronic and full-size hard copies using City Standards as applicable)suitable for reproduction. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. I. The City agrees that any modifications of the submitted final plans(for other uses by the City)will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. m. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. n. Provide a Storm Water Pollution Prevention Plan, if required. The City staff will: a. Designate an individual to have responsibility,authority,and control for coordinating activities for the construction contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a. Participate in the pre-bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre-bid questions and submissions concerning the bid documents and prepare,in the City's format,for the Engineering Services'approval,any addenda or other revisions necessary to inform contractors of approved changes priorto bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above,the Engineer will,at its expense,conferwith City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. The City staff will: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding,maintain the list of prospective bidders,receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. EXHIBIT"A" Page 4 of 10 Revised April 2010 c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents forthe contractor and authorize required changes,which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a"multimedia format" suitable for viewing with Microsoft's Internet Explorer,version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image-viewing software available on the City's computer - Imaging for Win95(Wang)and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks. i. Review construction"red-line"drawings, prepare record drawings of the Project as constructed (from the "red-line" drawings, inspection, and the contractor provided plans)and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD,and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. EXHIBIT"A" Page 5of10 Revised April 2010 The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope(and ALLOWANCE)for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Union Pan-fin Rsailmad, Mir*Squg 12maKin Raba -ad, 9F any etheF FailFead epeFating in #tae-yea r-,. Wa-fianda- 1-;)a-lime-a-tie a and Permit g. Nueses Goun t- 8uFveyeFs' AAan-_-aI of Prae-firVe far Land SuFyeying OR the State ef Texas, Ninth Edit'-on. All weFk must be tied te andd nseenfleeirm with the Gity's Global PesitioniAg System (GP54 3. Topographic Survey and Parcel Descriptions. A/E will provide field surveys, as required for design including the necessary control points,coordinates and elevations of points(as required for the aerial mapping of the Project area-aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System(GPS)control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two(2)found boundary monuments from the project EXHIBIT"A" Page 6 of 10 Revised April 2010 area. AJE will aubmit individual paFGal dessAptieRs and suFvey plats te the Gity along 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Construction Observation Services. Provide a project representative(PR)to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants,the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E,and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre- construction conferences, progress meetings,job conferences and other project- related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents:Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on-Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of worts in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. EXHIBIT"A" Page 7 of 10 Revised April 2010 C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. D. Conduct on-Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. E. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents orwill prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. F. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders,Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor,and other Project related documents. B. Prepare a daily report utilizing approved City format,recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders,Work Change Directives,or changed conditions,Site visitors,daily activities,decisions,observations in general,and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E,the CITY,and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. EXHIBIT"A" Page 8 of 10 Revised April 2010 6. Start-up Services. Provide on-site services and verification for all start-up procedures during actual start up of major Project components,systems,and related appurtenances if needed and required. 7. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty(60)days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit"A-1" Task List,which provides supplemental description to Exhibit"A."Note:The Exhibit"A-1" Task List does not supersede Exhibit"A." II. SCHEDULE Day Date Activity Monday July 15, 2013 Begin Engineering Letter Report Submit Draft Engineering Letter Monday October 7, 2013 Report Monday October 28, 2013 Complete City Review Submit Final Draft Engineering Monday November 25, 2013 Letter Report Monday TBD Begin Design Phase Monday TBD Interim Submittal Monday TBD Complete City Review Monday TBD Pre-Final Submittal Monday TBD Complete City Review Monday TBD Final Submittal Monday TBD Advertise For Bids Wednesday TBD Pre-Bid Conference Wednesday TBD Receive Bids Tuesday TBD Contract Award Monday TBD Begin Construction Friday TBD Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above,and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4,A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and City concurrence) of the EXHIBIT"A" Page 9 of 10 Revised April 2010 proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4,the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services,"the City will pay the A/E a not-to-exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $85,954.00 2. Design Phase TBD 3. Bid Phase TBD 4. Construction Phase TBD Subtotal Basic Services Fees $85,954.00 Additional Services Fees (Allowance) 1. Permit Preparation TBD 2. Topographic Survey TBD 3. S.U.E./Hydroexcavation TBD 4. Construction Observation Services TBD 5. Warranty Phase TBD Sub Total Additional Services Fees TBD Total Project Fee TBD EXHIBIT"A" Page 10 of 10 Revised April 2010 EXHIBIT A-1 CITY OF CORPUS CHRISTI, TEXAS Greenwood Wastewater Treatment Plant Emissions/Odor Control Project City Project No. E10047 TASK LIST PRELIMINARY PHASE 1. Onsite Visit and Review Background Information 1.1 Onsite Visit Conduct an onsite visit with Wastewater Plants Supervisor and Plant Operating personnel to ascertain field conditions and plant operations. 1.2 As-Built Drawings Review As-Built Drawings of the Plant to include recent additions. 1.3 Naismith Engineering Project Communicate with Naismith Engineering regarding the scope and schedule of the project regarding the plant flare operation. 1.4 Identify Additional Data Needs Based upon the information and drawings received and reviewed Engineer may identify additional documents, reports, studies, designs, drawings, calculations and data that will be critical to the success of the project. 2. Perform Sampling and Evaluate Existing Odor Control System 2.1 Install Continuous Odor Monitors Engineer will install five (5) OdalogTm continuous recording monitors to determine hydrogen sulfide gas concentrations at selected locations. After one week the monitors will be retrieved by Engineer and downloaded and analyzed. This will determine odor airstream hydrogen sulfide gas concentrations. 2.2 Perform Grab Sampling (VOC's and Reduced Sulfur Compounds) Engineer will perform grab sampling for selected volatile organic odor compounds (VOC's) and reduced sulfur odor compounds (RSC's) at selected sites. Up to 20 different grab samples and analysis will be performed to determine odor airstream characterization. EXHIBIT"A-1" Page 1 of 4 2.3 Inspect and Test Existing Odor Control System Engineer will measure airflows and pressures in the ducts, inspect ductwork and connections and identify issues of concern. 2.4 Perform Dig-Down Test on Bohn Biofilter Media Engineer will perform a physical dig-down test into the existing biofilter to determine media condition, measure airflow and assess the performance of the biofilter. 2.5 Sample Dissolved Sulfide Engineer will sample and measure dissolved sulfide ion concentration (up to 20 samples) wastewater at the influent lift station and other selected locations throughout the plant. 3. Evaluate Test Data Engineer will download continuous monitoring data and chart for analysis. Minimum average and maximum hydrogen sulfide gas concentrations will be indentifled for the locations tested. 3.1 Calculate Required Airflow Engineer will calculate enclosed tankage air volumes and determine minimum required air extraction rates to maintain a negative pressure. Air exchange rates will be compared against NFPA 820 guidelines and adjustments noted for final design. With the combination of odor concentration and airflow rates Engineer will calculate the hydrogen sulfide and VOC concentrations in airstream to be treated. 4. Evaluate Odor Control Alternatives 4.1 Engineer will evaluate possible chemical addition for control of some of the odors at the Greenwood Wastewater Treatment Plant including the calculation of stoichiometric chemical usage rates and costs of five (5) of the most commonly used odor control chemicals for domestic wastewater. The calculations will be based upon dissolved sulfide sampling data at the influent lift station. 4.2 Ventilation Controls Engineer will evaluate ventilation controls and odorous air treatment for odors including the existing odor control system and any additional odor control systems as may be necessary. Engineer will calculate airflow and odor concentrations for ventilation controls and identify feasible technologies capable of effectively treating the odor compounds present. EXHIBIT"A-1" Page 2 of 4 Engineer will select up to three commonly used, effective odor treatment technologies based upon the anticipated life-cycle cost and perform a more detailed level 4 cost estimate. 4.3 Process Modifications Engineer will identify possible process modifications which may reduce or eliminate odor sources and evaluate each modification for effectiveness. Where appropriate, Engineer will calculate budget level cost estimates to implement process modifications. 5. Progress Modifications 5.1 Present Findings Engineer will present the findings of Tasks 1 through 4 to City staff at a one-day workshop. The results of the sampling, analysis, inspections and evaluation of odor control technologies will be presented. 5.2 Discuss Odor Control Strategies The presentation discussion is intended to inform and elicit comments from City staff as to the applicability and acceptance of the proposed control strategy. Utilities, power, labor, chemicals and Operating costs of the various technologies will be discussed for applicability to the Greenwood Wastewater Treatment Plant. 5.3 Confirm Design Assumptions The goal of the workshop will be to confirm the design assumptions and approve odor control technologies to assure that operations staff are comfortable with any new technology. 6. Prepare Preliminary Engineering Letter Report (PER) 6.1 Prepare Sketches and Graphics Engineer will prepare graphs of the monitoring charts, conceptual sketches of site layout, utilities connections and duct runs of any improvements for inclusion in the report. 6.2 Prepare Draft PER Engineer will prepare a draft Preliminary Engineering Report which includes discussions of the methods and materials used in the analysis and evaluation if odor controls for the Greenwood Wastewater Treatment Plant. The report will also include a discussion of the data manipulation and analysis of alternative odor controls applicable to the Greenwood Wastewater Treatment Plant. EXHIBIT"A-1" Page 3 of 4 r Finally, the report will present level 4 cost estimates for the most feasible odor controls at the plant given the current conditions. Engineer will deliver an electronic of a draft PER for review. 6.3 Revise Draft PER Engineer will receive one round of comments on the draft PER and incorporate and address these comments in the final PER. 6.4 Issue Final PER Engineer will issue 10 hardcopies and an electronic form of the final PER within two weeks of receiving comments on the draft. EXHIBIT"A-1" Page 4 of 4 EXHIBIT"B" MANDATORY INSURANCE REQUIREMENTS &INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, Bodily Injury&Property Damage non-renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises-Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired—Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim/$2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,000/500,000/500,000 EXHIBIT"B" Page Iof3 K,TjV needng DataExchangeUENNIFER%FORMSI.Audit 8 for Lerge.dom C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10)ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant'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. Bests rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant 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. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: L 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 and professional liability policies; ii. 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; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. 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. EXHIBIT"B" Page 2 of 3 K TNineering DataExchangeWENN[FERIFORMS1E)Nbit 8 for Large.docx H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant'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. I. In addition to any other remedies the City may have upon Consultant'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 Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant'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 contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT Page 3 of K1Engineefing DataExdwge%JENNIFERWORM51 Exhibit B for LaMe.docx w 0 CIO 00 1 CIO cc goo p� loins Rol Bacot 1000001 1 CIL w VON . 2 ° 4 (°p0 4 R � � w � t1! d► W It 102 . will EXHIBIT°C" page I of 1 SUM UER NUMBER TO BF ASSIUi2 [7D t Y_Cn_V PuRCHASING DIVISION CITY OF CORPUS CHRISTI City of Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112. as amended, requires all persons or Finns seeking to do Prosiness with the City to provide the following infonnation. Every question must be answered. If the question is not alal�licable. answer Mill "NF's". See reverse side for Filing Requirements.. Certifications and definitions. COMPANY ANY NAME Coym, Itelaltaet&f utierrc7 L.P. P.U. BOX- STREET ADDRESS: 565 South Staples St..Suite 230 CITY: Corpus Christi ZIP: 784(l FIRM 1S: 1. Corporation ® ?. I'annership 3. Sole Owner El 4. Association 7. Other (� DISCLOSURE QUESTIONS If additional space is necessary=,please use the reverse side of this page or attach separate sheet. 1. Mate the names of each -employee" of the City of Corpus C iristi having an "ownership interest"constitutinor 3%or more of the ownership to the above named"firm." Name ,lob Title and City De partmecat{ f I�taorvli} 3. Mute the names of each "official-of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership id the above named``frost. Name Title r 3. State the names of each "board niernber"of the Cite of Corpus Christi havi'g an "ownership interest"constituting 3%or more of the ownership in the above named"firm. ,same Board,. Commission or Committee 4. State the names of each employee or officer of a "coaasttltant" for the City of Corpus Christi who worked on any matter related to the stt�ect of this contract and has an "ownership interest"constituting:.3%or more of the ownership in the.above named"firm-" Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement,that I have not-knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: 3e�� Co A Title: PArtnte (Type or Priat) Signature of Certifying Date: Person: DEFINITIONS a. "Board member:' A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm" Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership,corporation,joint stock company,joint venture,receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. e. "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. SC 01 H v KGyfioPAR'4P AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of June 11, 2013 Action Agenda Item for the City Council Meeting of June 25, 2013 DATE: May 29, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826-3729 RESOLUTION AUTHORIZING AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS WITH TXDOT FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard AGENDA CAPTION: Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard, with the City's participation in the amount of $5,500. PURPOSE: TXDOT has deemed it necessary to make certain highway improvements on FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard, which will necessitate the acquisition of certain right-of-way and the relocating and adjusting of utilities. The City of Corpus Christi is required to contribute 10% of the cost of right-of-way acquisition, reimbursable utility adjustments and joint bid reimbursable utility adjustments. BACKGROUND AND FINDINGS: The proposed project is a TXDOT project to acquire right-of-way for the FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard. This agreement also includes the City's share for reimbursement of relocating and adjusting utilities in conflict with the newly acquired right- of-way. This will include City and non-city utilities which are currently outside the existing right-of-way but will be within the newly acquired right-of-way. The cost for relocating city utilities within the newly acquired project right-of-way, will be fully reimbursed by TXDOT after work is complete and costs are known. K:\ENGINEERING DATAEXCHANGE\VELMAP\TXDOT\E12075 FM 43 AND 286 UTILITY ADJUSTMENTS\TXDOT AGREEMENT TO CONTRIBUTE ROW FUNDS\AGENDA MEMO-FM 43 FROM SH 286 TO YORKTWON BLVD.DOCX The City of Corpus Christi will contribute $5,500 for right-of-way acquisition and reimbursement of eligible utility adjustments. The City of Corpus Christi contribution includes the cost of acquiring the right-of-way and relocating or adjusting utilities for the proper improvement of the State Highway System, due upon full execution of the Agreement to Contribute Right-of-Way. ALTERNATIVES: 1. Approve the Resolution for the Agreement to Contribute Right of Way Funds which will allow TXDOT to continue with right-of-way acquisition. 2. Do not approve the Resolution for the Agreement to Contribute Right of Way Funds. OTHER CONSIDERATIONS: This project is subject to Title 43 of the Texas Administrative Code, Part 1, Chapter 15, Sub-chapter E, Rule 15.55. CONFORMITY TO CITY POLICY: This Resolution conforms to the City's Charter. EMERGENCY/ NON-EMERGENCY: Not applicable. DEPARTMENTALCLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Street 12 Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,150,000.00 $1,150,000.00 Encumbered / $951,639.90 $951,639.90 Expended Amount This item $5,500.00 $5,500.00 BALANCE $192,860.10 $192,860.10 Fund(s): Bond Issue 2012, Proposition No. 1 Streets, Streets CIP Project No. 21 Future TXDOT Participation Comments: This project will be funded by Bond Issue 2012 Future TXDOT Participation. TXDOT will refund any excess amount paid by the City. The estimated total payment to the State from the City is $5,500. This is an estimate; and the final amount of the City's participation will be based on actual costs. RECOMMENDATION: It is recommended to execute the Agreement to Contribute Right-of-Way Funds with the Texas Department of Transportation (TXDOT) for the project's scope of TXDOT's FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard, with the City's participation in the amount of $57500. K:\ENGINEERING DATAEXCHANGE\VELMAP\TXDOT\E12075 FM 43 AND 286 UTILITY ADJUSTMENTS\TXDOT AGREEMENT TO CONTRIBUTE ROW FUNDS\AGENDA MEMO-FM 43 FROM SH 286 TO YORKTWON BLVD.DOCX LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Agreement K:\ENGINEERING DATAEXCHANGE\VELMAP\TXDOT\E12075 FM 43 AND 286 UTILITY ADJUSTMENTS\TXDOT AGREEMENT TO CONTRIBUTE ROW FUNDS\AGENDA MEMO-FM 43 FROM SH 286 TO YORKTWON BLVD.DOCX File \Mproject\councilexhibits\exhEl2075.dwg >S rt yf r {yr t r � y v.�r r,✓ /{ < € rr q s 1�fQ 4 1� d r �Af J PROJECT SITE 9 s- ° s �" r6�� �� ,r ��� � �, �' r y� r y �ya'�yyita'y�"����✓ a LOCATION MAPf PROJECT#E12075 NOT TO SCALE FM 43 from SH 286 to Yorktown CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS Boulevard Street Right of Way and DEPARTMENT OF ENGINEERING SERVICES Utilities Adjustment PAGE: 1 of 1 Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard, with the City's participation in the amount of$5,500. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard. Section 2. The City Manager or designee is authorized to execute all related documents necessary to administer said Agreement, including minor amendments thereto. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott County: Nueces City: City of Corpus Christi Code Chart 64:#09800 District Corpus Christi (16) ROW CSJ: 1557-01-040 CCSJ: 1557-01-037 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF NUECES § AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the"State", and the City of Corpus Christi,Texas, acting through its duly authorized officials, called the"Local Govemment." WITNESSETH WHEREAS, Texas Transportation Code§§ 201.103 and 222.052 establish that the State shall design, construct, and operate a system of highways in cooperation with local governments; and WHEREAS, Texas Transportation Code, §§ 201.209 authorizes the State and a Local Government to enter into agreements in accordance with Texas Government Code, Chapter 791; and WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No.FM 43 from SH 286 to Yorktown Blvd., and this section of highway improvements will necessitate the acquisition of certain right of way and the relocating and adjusting of utilities, called the"Project"; and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for this highway project; and WHEREAS, the Local Government desires to contribute to the State funding participation as defined in 43 TAC §15.55 for the cost of acquiring the right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated , 20_, which is attached to and made a part of this agreement as Attachment A. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW THEREFORE,the State and the Local Government do agree as follows: Agreement to Contribute ROW Funds Page 1 of 11 Revised 08130/2011 i County: Nueces City: City of Corpus Christi Code Chart 64:#09800 District: Corpus Christi (16) ROW CSJ: 1557-01-040 CCSJ: 1557-01-037 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development AGREEMENT 1. Agreement Period This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Termination This agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or C. The Project is inactive for thirty-six(36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in Attachment C, Project Budget Estimate and Payment Schedule, which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Government, or other parties is shown in Attachment C. The Local Government shall contribute to the State the amount shown in Attachment C for its percentage of the total cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check for the amount and according to the payment schedule shown in Attachment C. B. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty(30)days from receipt of the State's written notification. C. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualfcation for the Texas Department of Transportation. The Local Government shall provide the certificate of qualfcation to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Agreement to Contribute ROW Funds Page 2 of 11 Revised 08130/2011 County: Nueces City: City of Corpus Christi Code Chart 64:#09800 District: Corpus Christi (16) ROW CSJ: 1557-01-040 CCSJ: 1557-01-037 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. D. The total cost of the right of way acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property interests, plus costs related to the relocation, removal, or adjustment of eligible utilities. E. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the"Texas Department of Transportation Trust Fund." The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. F. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government or the State will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Govemment's contractual obligations to the State under another agreement with approval-by appropriate personnel of the Local Government. If the Local Government contributes real property under this agreement, this refund provision is subject to the limitation described below in Article 4 (Real Property in Lieu of Monetary Payment). G. The State will not pay interest on any funds provided by the Local Government. H. In the event any existing, future, or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re-plats, results in any increased costs to the State,then the Local Government will pay one hundred percent(100%) of all those increased costs, even if the applicable county qualifies as an Economically Disadvantaged County (EDC). The amount of the increased costs associated with the existing, future;or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive will be determined by the State at its sole discretion. I. If the Local Government is an EDC and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. J. If the Project has been approved for a "fixed price"or an "incremental payment° non- standard funding or payment arrangement under 43 TAG §15.52, the budget in Attachment C will clearly state the amount of the fixed price or the incremental payment schedule. Agreement to Contribute ROW Funds Page 3 of 11 Revised 08/30/2011 County: Nueces City: City of Corpus Christi_ Code Chart 64:#09800 District: Corpus Christi(16) ROW CSJ: 1557-01-040 CCSJ: 1557-01-037 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development 4. Real Property in Lieu of Monetary Payment A. Contributions of real property may be credited to the Local Government's funding obligation for the cost of right of way to be acquired for this project. Credit for all real property, other than property which is already dedicated or in use as a public road, contributed by the Local Government to the State shall be based on the property's fair market value established as of the effective date of this agreement. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed,excluding any damages to the remainder. The amount of any credit for real property contributed for this project is clearly shown in Attachment C. B. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. This documentation shall include an appraisal of the property by a licensed appraiser approved by the State.. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value;provided however,the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. C. Credit shall be given only for property transferred at no cost to the State after the effective date of this agreement and the issuance of spending authority, and only for property which is necessary to complete this project, has title acceptable to the State, and is not contaminated with hazardous materials. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. D. In the event the Local Government's monetary contributions to the State for acquisition of right of way, when added to its real property credits, exceed the Local Government's matching share of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money. 5. Amendments Amendments to this agreement due to changes in the character of the work,terms of the agreement, or responsibilities of the parties relating to the.Project may be enacted through a mutually agreed upon, written supplemental agreement. 6. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, to the following addresses: Agreement to Contribute ROW Funds Page 4 of 11 Revised 08/30/2011 County: Nueces City: City of Corpus Christi Code Chart 64:#09800 District: Corpus Christi(16) ROW CSJ: 1557-01-040 CCSJ: 1557-01-037 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development Local Government: State: The Honorable Nelda Martinez Director of Right of Way Division Mayor of the City of Corpus Christi Texas Department of Transportation 1201 Leopard Street 125 E. 11th Street Corpus Christi, TX 78401 Austin, Texas 78701 All notices shall be deemed given on the date delivered or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail and that request shall be honored and carried out by the other party. 7. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 8. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be.held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 9. Responsibilities of the Parties The State and the Local Govemment agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts. and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 10. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required,the Local Government shall furnish the State with satisfactory proof of this compliance. Agreement to Contribute ROW Funds Page 5 of 11 Revised 08130/2011 County: Nueces City: City of Corpus Christi Code Chart 64:#09800 District: Corpus Christi (16) ROW CSJ: 1557-01-040 CCSJ: 1557-01-037 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development 11. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the subject matter of this agreement. 1 s 12. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 13. Inspection of Books and Records The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four(4)years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 14. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds.An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 15. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR§18.36 and with the property management standard established in Title 49 CFR§18.32. Agreement to Contribute ROW Funds Page 6 of 11 Revised 08/30/2011 County: Nueces City: City of Corpus Christi Code Chart 64:#09800 District: Corpus Christi (16) ROW CSJ: 1557-01-040 CCSJ: 1557-01-037 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development 16. Civil Rights Compliance The parties to this agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 17. Applicability of Federal Provisions Articles 18 through 23 only apply if Federal funding is used in the acquisition of right of way or the adjustment of utilities. 18. Office of Management and Budget(OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 19. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally Approved Disadvantaged Business Enterprise by Entity and attachments found at web address httt)://txdot.gov/business/business outreach/mou.htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to Agreement to Contribute ROW Funds Page 7 of 11 Revised 08/3012011 County: Nueces City: City of Corpus Christi Code Chart 64: #09800 District: Corpus Christi(16) ROW CSJ: 1557-01-040 CCSJ: 1557-01-037 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Local Government signs with a contractor(and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the-basis of race, color, national origin, or sex in the performance of this contract. The contractor shall cant'out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to cant'out these requirements is a material breach of this agreement; which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 20. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in.Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension.' By executing this agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 21. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief, that A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Agreement to Contribute ROW Funds Page 8 of 11 Revised 08/3042011 County: Nueces City: City of Corpus Christi Code Chart 64:#09800 District: Corpus Christi (16) ROW CSJ: 1557-01-040 CCSJ: 1557-01-037 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants,and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 USC §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. 22. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: httn://edocket.access.-Qpo.gov/2010/pdf/2010-22705.12df and httn://edocket.access.ggo.gov/2010/pdf/2010-22706.0f. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub-part 4.1100) if this award provides for more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web-site whose address is: httns://www.bt)n.aovhxr/default.aspx; 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the Federal government to track the . distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on- line registration website htt2:/1fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State it i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 23. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. B. If threshold expenditures of$500,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Agreement to Contribute ROW Funds Page 9 of 11 Revised 0813012011 County: Nueces City: City of Corpus Christi Code Chart 64:#09800 District: Corpus Christi (18) ROW CSJ: 1557-01-040 CCSJ: 1557-01-037 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development Letter(if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TXDOT s Audit Office at http://www.txdot.gov/contact us/audit:htm. C. If expenditures are less than $500,000 during the Local Government's fiscal year,the Local Government must submit a statement to TxDOT's Audit Office as foliows: 'We did not meet the$500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY D. For each year the project remains open for federal funding expenditures;-the Local Government will be responsible for filing a report or statement.as described above.'The required annual filing shall extend throughout the life of the agreement, unless otherwise,amended or the project has been formally closed out and no charges`have been incurred within the current fiscal year. 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Agreement to Contribute ROW Funds Page 10 of 11 Revised 08/30/2011 County: Nueces City: City of Corpus Christi Code Chart 64:#08800 District: Corpus Christi (16) ROW CSJ: 1557-01-040 CCSJ: 1557-01-037 Federal Project* Federal Highway Administration CFDA# 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS John P. Campbell, P.E. Director, Right of Way Division Texas Department of Transportation Date Agreement to Contribute ROW Funds Page 11 of 11 Revised 08/30)2011 County: Nueces City: City of Corpus Christi Code Chart 64:#09800 District: Corpus Christi(16) ROW CSJ: 1557-01-040 CCSJ: 1 557-01-037 Federal Project* Federal Highway Administration CFDA# 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE Agreement to Contribute ROW Funds Page 1 of 1 Attachment A County: Nueces City: City of Corpus Christi Code Chart 64:#09800 District: Corpus Christi (16) ROW CSJ: 1557-01-040 CCSJ: 1557-01-037 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development ATTACHMENT B LOCATION MAP SHOWING PROJECT This agreement covers only Parcel 2, and compensable utility adjustments which are located in the City Limits of Corpus Christi. Agreement to Contribute ROW Funds Page 1 of 2 Attachment C flie - �! �..L.. . � Z - t --, 4s Ir c �� 744 a m v o 0 o I ( a z S a �L N W o Mw E~ U LL- ------- g lit j �8i�:�1 � p�gtl a a lit _�... q Ira WAK LINE =A � �s J, J R A r � .il r ' Ai m r � goy N ggi s r r �! r e rp r � g ;- rn i e y BLEAK LINE A-,A County: Nueces City: City of Corpus Christi Code Chart 64: #09800 District: Corpus Christi (16) ROW CSJ: 1557-01-040 CCSJ: 1557-01-037 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND PAYMENT SCHEDULE i Agreement to Contribute ROW Funds Page 1 of 2 Attachment C FM 43: From SH 286 to Yorktown Blvd. County: Nueces County RCSJ: 1557-01-040 CCSJ: 1557-01-037 Local Government: City of Corpus Christi Standard Agreement to Contribute State Performs Work Attachment C rRigh—t cription Total EsU nated State Pat 0n Lo---C Park Cast C �of Way $ 5,000.0 90% $4,500.0 10% $500.0 Acquisition Reimbursable $ 50,000.0 90% $45,000.0 10% $5,000.0 Utility Adjustments Joint Bid $ 90% $ 10% $ Reimbursable Utility Adjustments $ 0% $C 0% $ $ 0% $C 0% $„ $ 0% $ 0% $ $( 1 0% $ 0% $ OTAL $56,000.0c 90% $49,500 0 0°/b This is an estimate. The final amount of Local Government participation will be based on actual costs. R:\PrqjecLDelivery\ROW\RSM\LPA and PROJECT INFORMATION\CRP LPA Agreements\1557-01- 040 Attachment C-Funding Schedule-Corpus Christi(3-11-13).doc Rev.02/022012 SC 01 H v KGyfioPAR'4P AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of June 11, 2013 Action Agenda Item for the City Council Meeting of June 25, 2013 DATE: May 31, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826-3729 RESOLUTION AUTHORIZING AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS WITH TXDOT FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway AGENDA CAPTION: Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway, with the City's participation in the amount of $67,000. PURPOSE: TXDOT has deemed it necessary to make certain highway improvements on FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway Intersection which will necessitate the acquisition of certain right-of-way and the relocating and adjusting of utilities. The City of Corpus Christi is required to contribute 10% of the cost of right-of-way acquisition, reimbursable utility adjustments and joint bid reimbursable utility adjustments. BACKGROUND AND FINDINGS: The proposed project is a TXDOT project to acquire right-of-way for FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway Intersection. This agreement includes the City's share for reimbursement of relocating and adjusting utilities in conflict with the newly acquired right- of-way. This will include City and non-city utilities which are currently outside the existing right-of-way but will be within the newly acquired right-of-way. The cost for relocating city utilities within the newly acquired project right-of-way will be fully reimbursed by TXDOT after work is complete and costs are known. K:\ENGINEERING DATAEXC HANG E\VELMAP\TXDOT\E12076 FM 2444 SUE AND ADJUSTMENTS\TXDOT AGREEMENT TO CONTRIBUTE ROW FUNDS\AGENDA MEMO-FM 2444 FROM SH 286 TO OSO PARKWAY INTERSECTION.DOCX The City of Corpus Christi will contribute $67,000 for right-of-way acquisition and reimbursement of eligible utility adjustments. The City of Corpus Christi contribution includes the cost of acquiring the right-of-way and relocating or adjusting utilities for the proper improvement of the State Highway System, due upon full execution of the Agreement to Contribute Right-of-Way. ALTERNATIVES: 1. Approve the Resolution for the Agreement to Contribute Right of Way Funds which will allow TXDOT to continue with right-of-way acquisition. 2. Do not approve the Resolution for the Agreement to Contribute Right of Way Funds. OTHER CONSIDERATIONS: This project is subject to Title 43 of the Texas Administrative Code, Part 1, Chapter 15, Sub-chapter E, Rule 15.55. CONFORMITY TO CITY POLICY: This Resolution conforms to the City's Charter. EMERGENCY/ NON-EMERGENCY: Not applicable. DEPARTMENTALCLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Street 12 Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,150,000.00 $1,150,000.00 Encumbered / $951,639.90 $951,639.90 Expended Amount This item $67,000.00 $67,000.00 BALANCE $131,360.10 $131,360.10 Fund(s): Bond Issue 2012, Proposition No. 1 Streets, Streets CIP Project No. 21 Future TXDOT Participation Comments: This project will be funded by Bond Issue 2012 Future TXDOT Participation. TXDOT will refund any excess amount paid by the City. The estimated total payment to the State from the City is $67,000. This is an estimate; and the final amount of the City's participation will be based on actual costs. RECOMMENDATION: It is recommended to execute the Agreement to Contribute Right-of-Way Funds with TXDOT for the project's scope of TXDOT's FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway, with the City's participation in the amount of $67,000. K:\ENGINEERING DATAEXC HANG E\VELMAP\TXDOT\E12076 FM 2444 SUE AND ADJUSTMENTS\TXDOT AGREEMENT TO CONTRIBUTE ROW FUNDS\AGENDA MEMO-FM 2444 FROM SH 286 TO OSO PARKWAY INTERSECTION.DOCX LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Agreement K:\ENGINEERING DATAEXC HANG E\VELMAP\TXDOT\E12076 FM 2444 SUE AND ADJUSTMENTS\TXDOT AGREEMENT TO CONTRIBUTE ROW FUNDS\AGENDA MEMO-FM 2444 FROM SH 286 TO OSO PARKWAY INTERSECTION.DOCX File \Mproject\councilexhibits\exhEl2076.dwg r �, r' r � ., 5 ,,hrsr ✓rd �� �; tr � r r} �� f ��� l l � ✓,t'r�rSf� � r r.� z ,�} Y"��`�,�! a r rr f f t jf�y�jli5�'fF a�✓�t � t t 5'� � PROJECT SITE rrfr T a LOCATION MAPf PROJECT#E12076 NOT TO SCALE FM 2444 from SH 286 to Oso Parkway CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS Intersection Street Right of Way and DEPARTMENT OF ENGINEERING SERVICES Utilities Adjustment PAGE: 1 of 1 Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway, with the City's participation in the amount of$67,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway. Section 2. The City Manager or designee is authorized to execute all related documents necessary to administer said Agreement, including minor amendments thereto. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott County: Nueces District Corpus Christi (16) ROW CSJ #2343-01-037 CCSJ#2343-01-036 Federal Project P. Federal Highway Administration CFDA# 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF NUECES § AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State", and City of Corpus Christi, Texas, acting through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Texas Transportation Code §§ 201.103 and 222.052 establish that the State shall design, construct, and operate a system of highways in cooperation with local governments; and WHEREAS, Texas Transportation Code, §§ 201.209 authorizes the State and a Local Government to enter into agreements in accordance with Texas Government Code, Chapter 791; and WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No.FM 2444 from SH 286 to Oso Parkway Intersection, and this section of highway improvements will necessitate the acquisition of certain right of way and the relocating and adjusting of utilities, called the "Project"; and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for this highway project; and WHEREAS, the Local Government desires to contribute to the State funding participation as defined in 43 TAC §15.55 for the cost of acquiring the right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated , 20_, which is attached to and made a part of this agreement as Attachment A. A map showing the Project location appears in Attachment B. which is attached to and made a part of this agreement. NOW THEREFORE, the State and the Local Government do agree as follows: Agreement to Contribute ROW Funds Page 1 of 10 Revised 08/30/2011 County: Nueces District Corpus Christi (16) ROW CSJ #2343-01-037 CCSJ#2343-01-036 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development AGREEMENT 1. Agreement Period This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Termination This agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or C. The Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in Attachment C, Project Budget Estimate and Payment Schedule, which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Government, or other parties is shown in Attachment C. The Local Government shall contribute to the State the amount shown in Attachment C for its percentage of the total cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check for the amount and according to the payment schedule shown in Attachment C. B. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty(30)days from receipt of the State's written notification. C. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may.deny Agreement to Contribute ROW Funds Page 2 of 10 Revised 08/3012011 County: Nueces District Corpus Christi (16) ROW CSJ#2343-01-037 CCSJ#2343-01-036 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development reimbursement if the Local Government has not designated a qualified individual to oversee the Project. D. The total cost of the right of way acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property interests, plus costs related to the relocation, removal, or adjustment of eligible utilities. E. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the"Texas Department of Transportation Trust Fund." The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. F. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government or the State will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another agreement with approval by appropriate personnel of the Local Government. If the Local Government contributes real property under this agreement, this refund provision is subject to the limitation described below in Article 4 (Real Property in Lieu of Monetary Payment). G. The State will not pay interest on any funds provided by the Local Government. H. In the event any existing, future, or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re-plats, results in any increased costs to the State, then the Local Government will pay one hundred percent(100%) of all those increased costs, even if the applicable county qualifies as an Economically Disadvantaged County (EDC). The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive will be determined by the State at its sole discretion. I. If the Local Government is an EDC and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. J. If the Project has been approved for a "fixed price"or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the amount of the fixed price or the incremental payment schedule. 4. Real Property in Lieu of Monetary Payment A. Contributions of real property may be credited to the Local Government's funding obligation for the cost of right of way to be acquired for this project. Credit for all real property, other than property which is already dedicated or in use as a public road, contributed by the Local Government to the State shall be based on the property's fair Agreement to Contribute ROW Funds Page 3 of 10 Revised 08/30/2011 County: Nueces District Corpus Christi (16) ROW CSJ #2343-01.037 CCSJ#2343-01-036 Federal Project M Federal Highway Administration CFDA# 20.205 Not Research and Development market value established as of the effective date of this agreement. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The amount of any credit for real property contributed for this project is clearly shown in Attachment C. B. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. This documentation shall include an appraisal of the property by a licensed appraiser approved by the State. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; provided however,the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. C. Credit shall be given only for property transferred at no cost to the State after the effective date of this agreement and the issuance of spending authority, and only for property which is necessary to complete this project, has title acceptable to the State, and is not contaminated with hazardous materials. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Govemmenfs funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. D. In the event the Local Govemment's monetary contributions to the State for acquisition of right of way, when added to its real property credits, exceed the Local Government's matching share of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written supplemental agreement. 6. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, to the following addresses: Agreement to Contribute ROW Funds Page 4 of 10 Revised 08/30/2011 1 i County: Nueces District Corpus Christi(16) ROW CSJ #2343-01-037 CCSJ#2343-01-036 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development Local Government: State: The Honorable Nelda Martinez Director of Right of Way Division Mayor of the City of Corpus Christi Texas Department of Transportation P.O. Box 9277 125 E. 11th Street Corpus Christi, TX 78469 Austin, Texas 78701 r 1 All notices shall be deemed given on the date delivered or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail and that request shall be honored apd carried out by the other party. 7. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 8. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 9. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 10. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. Agreement to Contribute ROW Funds Page 5 of 10 Revised 08/30/2011 i County: Nueces District Corpus Christi (16) ROW CSJ#2343-01-037 CCSJ#2343-01-036 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development 11. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the subject matter of this agreement. 12. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Govemment. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 13. Inspection of Books and Records The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration (FHWA)or their duly authorized representatives for review and inspection at its office during the contract period and for four(4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 14. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 15. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR§18.36 and with the property management standard established in Title 49 CFR §18.32. Agreement to Contribute ROW Funds Page 6 of 10 Revised 08/30/2011 County: Nueces District Corpus Christi (16) ROW CSJ#2343-01-037 CCSJ#2343-01-036 Federal Project* Federal Highway Administration CFDA# 20.205 Not Research and Development 16. Civil Rights Compliance The parties to this agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Part 21 and 23 CFR Part 200). and Executive Order 11246 titled °Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 17. Applicability of Federal Provisions Articles 18 through 23 only apply if Federal funding is used in the acquisition of right of way or the adjustment of utilities. 18. Office of Management and Budget(OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 19. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity and attachments found at web address htty://txdot.gov/business/business outreach/mou.htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is.incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under i Agreement to Contribute ROW Funds Page 7 of 10 Revised 08/3012011 County: Nueces District Corpus Christi (16) ROW CSJ#2343-01-037 CCSJ#2343-01-036 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Local Government signs with a contractor(and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry our these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 20. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The<parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 21. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Agreement to Contribute ROW Funds Page 8 of 10 Revised 08130/2011 County: Nueces District Corpus Christi (16) ROW CSJ #2343-01-037 CCSJ#2343-01-036 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements)and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 USC §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. 22. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A_ This agreement is subject to the following award terms: htto://edocket.access.goo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.g po.cov/2010/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a Central Contracting Registry(CCR) number (Federal Acquisition Regulation, Part 4, Sub-part 4.1100) if this award provides for more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web-site whose address is: hft)s://www.bpn.gov/ccr/defauk.aspx; 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on- line registration website.hftp://fedoov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if I. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 23. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. B. If threshold expenditures of$500,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter(if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/contact us/audit.htm. C. If expenditures are less than $500,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOTs Audit Office as follows: 'We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY " Agreement to Contribute ROW Funds Page 9 of 10 Revised 06/30/2011 County: Nueces District Corpus Christi (16) ROW CSJ#2343-01-037 CCSJ#2343-01-036 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS John P. Campbell, P.E. Director, Right of Way Division Texas Department of Transportation Date l Agreement to Contribute ROW Funds Page 10 of 10 Revised 08/30/2011 County: Nueces District Corpus Christi (16) ROW CSJ#2343-01-037 CCSJ#2343-01-036 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE i Agreement to Contribute ROW Funds Page 1 of 1 Attachment A County: Nueces District Corpus Christi (16) ROW CSJ#2343-01-037 CCSJ #2343-01-036 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development ATTACHMENT B LOCATION MAP SHOWING PROJECT This agreement covers only Parcels 9, 10, 11, 12, and 16, and the compensable utility adjustments which are located East of County Road 41 in the City Limits of Corpus Christi. Note that Parcels 13, 14, and 15 are recorded street dedications owned by the City of Corpus Christi. Agreement to Contribute ROW Funds Page 1 of 1 Attachment B -..�..- � • � k,, � a � a � ><g � a a 1. ' 4�-tl ► g 1 e RI 1 i 1 z ' o la a C'• �". W Y a v, _ �• -w 1 aac wz ««s -----------; - - - - - - - - - W d ���_ � if a o-o p Q � � r� nn �. 1 �•• i A• NN �1 , • 1 1 O V W S S -!7 1 N / I AA O Y Y 1 ` I j YC z qTw II 1 0,. N Z ' W a 6 F.. - 1LL.d L J 1 - 1 � ww 1 1 1 �•" 1 1 1 1 1 flair � .94 �9 .. to pop i r County: Nueces District Corpus Christi (16) ROW CSJ#2343-01-037 CCSJ#2343-01-036 Federal Project#: Federal Highway Administration CFDA# 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND PAYMENT SCHEDULE Agreement to Contribute ROW Funds Page 1 of 1 Attachment C FM 2444: From SH 286 to Oso Parkway Intersesction County: Nueces County RCSJ: 2343-01-037 CCSJ: 2343-01-036 Local Government: City of Corpus Christi Standard Agreement to Contribute State Performs Work Attachment C criph6n TOW Esid' State POW ikon Loi��Pa rx C III s#. Right of Way $ 170,000.00 90% $ 153,000.0 10% $ 17,000.0 Acquisition Reimbursable $ 500,000-Oc 90% $450,000.0 10% $ 50,000.0 Utility Adjustments Joint Bid $C 90% $ 10% $ Reimbursable Utility Adjustments $ 0% $ 0% $ $ 0% $ 0% $ $ 0% $ 0% $ $ 0% $ 0% $ $ 0% $1 0% $ OTAL $67000:0 i 9.0% $603,000.0 0% This is an estimate. The final amount of Local Government participation will be based on actual costs. R:1Project_Delivery\ROW1RSMILPA and PROJECT INFORMATIONICRP LPA Agreements12343-01-037 Attachment C-Funding Schedule- City of CC.docRev.02/02/2012 i Texas - DeparPmeeat taf Tra�spsztdan Why Improvements Are Needed for FM 2444 (Staples Street) FM 2444, from Oso Parkway to SH 286 (Chapman Ranch Road) serves both local and commuter traffic traveling to SH 286, downtown, Kingsville and the Rio Grande Valley. Residential growth and development in the area has increased the number of vehicles on the road. As traffic and congestion increases, upgrades are needed to improve the safety and mobility of the roadway. In addition, recent flooding events have led to the over-topping of the roadway with water from the Oso Creek. By raising the elevation of the roadway in this area drainage can be improved and would reduce the frequency of flooding. Project Purpose The purpose of the project is to improve safety, drainage and reduce congestion along FM 2444 from SH 286 to Oso Parkway. Construction would be completed in phases. The initial (interim) phase would be built to meet today's traffic and safety needs. Additional (ultimate) improvements would be built in the future as needed to address increasing traffic and development. Initial/Interim Improvements: (Project design details available on Corpus Christi Metropolitan Planning Organization website) • The addition of a travel lane in each direction from SH 286 to Oso Parkway. • The addition of shoulders from SH 286 to the South Texas Botanical Gardens entrance. • A continuous center turn lane from SH 286 to just east of the South Texas Botanical Gardens entrance. • A center median from just east of the South Texas Botanical Gardens entrance to Oso Parkway. • A traffic signal at SH 286, at Kitty Hawk/Country Creek Road, and at Oso Parkway. • A new bridge east of the South Texas Botanical Gardens. • Sidewalks from CR 43 to Oso Parkway. • Curb and gutter and an underground storm drain system for drainage from CR 43 to just east of the South Texas Botanical Gardens. Ultimate improvements when needed in the future: • Complete the upgrade of the roadway to a boulevard section with a raised center median and left turn openings at street intersections. • Extend sidewalk, curb and gutter and underground storm drain system to SH 286 Project Timeline • Completion of Environmental Studies —Summer 2013 • Project let for construction —August 2013 • Construction is expected to last about 2 years. Project Construction Approximately 12.4 acres of additional ROW would be acquired. The estimated construction cost for the 3.5 mile long project is approximately $20 million. Public Input TxDOT encourages public input. Comments and/or concerns may be directed to: Rickey Dailey Christopher Amy Public Information Officer Environmental Specialist 361-808-2544 361-808-2376 icke .DaileyP xdot.gov Christo her.AmyCa txdot.aov Additional Information available on the Corpus Christi Metropolitan Planning Organization websitee www.corpuschristi-mpo.org/ LL!� � V2 JV�I�i f 7� v F^;7 r 04 .rN �} 4d N CIO .w� �1 li7 b U� p AGENDA MEMORANDUM pia Public Hearing and First Reading for the City Council Meeting of June 11, 2013 1852 Second Reading for the City Council Meeting of June 25, 2013 DATE: May 23, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Resort Commercial to Multifamily with a Planned Unit Development for Townhouses For Alex H. Harris Property Addresses: 14306-14334 Nemo Court CAPTION: Case No. 0513-01 Alex H. Harris: A change of zoning from the "CR-2/10" Resort Commercial District with an Island Overlay to the "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan. The property is described as Lots 17 - 24, Block 45, Padre Island — Corpus Christi Island Fairway Estates, located along the east side of Nemo Court, approximately 525 feet west of South Padre Island Drive (PR 22). PURPOSE: The purpose of this item is to allow 44 townhouses as part of a Planned Unit Development. RECOMMENDATION: Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "CR-2/10" Resort Commercial District with an Island Overlay to the "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay, subject to the following 10 conditions: 1.) Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 44 townhouse units and shall be constructed in one phase. 2.) Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 16.6 dwelling units per acre. 3.) Building Height: The maximum height of the townhouse units is 30 feet. 4.) Parking: The Property must have a minimum of 88 standard (9-foot wide by 18- feet long) off-street parking spaces and six compact (8.5-foot wide by 16-foot long) off-street parking spaces. Parking is prohibited within the private street. 5.) Setbacks and Lot Width: The Property must be developed in accordance with the setbacks, lot sizes, and lot widths established on the associated replat and Master Site Plan as shown in Exhibit B. Minimum setback along Nemo Court shall be 10 feet. Minimum 20-foot wide front yard setbacks shall be provided for each lot. Minimum rear yard setbacks for all lots shall each be 10 feet. Minimum building separation between unattached townhouse units shall be 10 feet. 6.) Open Space: The Property must maintain 28% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: Each lot shall have access to a private street with a width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: A minimum five-foot wide sidewalk is required to be constructed along one side of the internal private street. 9.) Rentals: Single-family units can be rented for less than a one-month period, and such use must comply with applicable building codes. 10.)Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "CR-2/10" Resort Commercial District with an Island Overlay to the "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay for a 44-unit townhouse development. The proposed townhouse development will consist of 44 single-family units on a 2.65- acre lot at a density of 16.6 dwelling units per acre. The lots will be a minimum of 1,130- square feet and will have a minimum width of 16 feet. Each lot will have access to an access drive that will be a minimum 24-foot in width. The development will contain 88 parking spaces, which is less than the requirement of 96 spaces. The development will provide 28% pervious open space compared to a requirement of 30%. Staff finds that these departures from the code requirements are reasonable. A PUD commits the developer to a site plan that cannot be changed significantly without a public hearing. A PUD allows for reasonable variations of the standard zoning requirements. The proposed PUD utilizes decreased lot sizes, lot widths, and open space requirements. ALTERNATIVES: 1. Modify the conditions of the Planned Unit Development; 2. Approve an intermediate zoning district; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a medium density residential use. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits H3 x,., - •:- J�� '�F..E.,rr s ter.,ac ,Fr„ _" ;„� �,,��„� �� ,,,,.. �a t QC OP IN 4 r �Cf �t i r M u s r: r r 29 ��Il ?,, ZONING REPORT Case No.: 0513-01 HTE No. 13-10000015 Planning Commission Hearing Date: May 22, 2013 Applicant: Alex H. Harris Owners: Alex H. Harris & Williams Airline Partners, Ltd. .� Legal Description/Location: Lots 17 - 24, Block 45, Padre Island — Corpus CL J y Christi Island Fairway Estates, located along the east side of Nemo Court, Q °a o approximately 525 feet west of South Padre Island Drive (PR 22). From: "CR-2/10" Resort Commercial District with an Island Overlay To: "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a •E Planned Unit Development Overlay io r Area: 2.65 acres Purpose of Request: To allow a 44-unit townhouse development. Existing Zoning District Existing Land Use Future Land Use "CR-2/10" Resort Vacant Medium Density Site Commercial District with Residential an Island Overlay c "CR-2/10" Resort North Commercial District with Commercial Medium Density a� an Island Overlay Residential 0 "CR-2/10" Resort Medium Density a� South Commercial District with Commercial Residential c J an Island Overlay n "CR-2/10" Resort East Commercial District with Commercial &ff Tourist w Office an Island Overlay "CR-2/10" Resort West Commercial District with Vacant Medium Density an Island Overlay Residential Area Development Plan: The subject property is located in the Mustang- Padre Island Area Development Plan (ADP) and is planned for medium c� C density residential uses. The proposed change of zoning to the "RM-1/10/PUD" and proposed development are consistent with the Future a o Land Use Plan. Q Map No.: 047044 Zoning Violations: None L Transportation and Circulation: The subject property has 400 feet of y r frontage along Nemo Court, which is a Local Residential street. The subject property has indirect access to South Padre Island Drive (SH 358), which is designated as a Freeway/Expressway, via Nemo Court. Case#0513-01 Alex Harris Page 2 Urban Proposed Existing Traffic Street Transportation W Plan Type Section Section Volume L O C Nemo Ct. Local Residential 50' ROW 90' ROW Not 28' paved 50' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CR-2/10" Resort Commercial District with an Island Overlay to the "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay for a 44-unit townhouse development. Applicant's Development Plan: The proposed townhouse development will consist of 44 single-family townhouse units on a 2.65-acre lot at a density of 16.6 dwelling units per acre. The lots will be a minimum of 1,131-square feet and will have a minimum width of 16 feet. Each lot will have access to a private street that will be a minimum 24- foot in width with a five-foot wide sidewalk on one side. The development will contain 94 parking spaces for residents and guests and 28% open space. Common open space with amenities such as a swimming pool will be provided at the rear of the property. The following table is a comparison of the proposed development standards and the development standards of the "RS-TH" Townhouse District and UDC. The table states all necessary deviations from the UDC. Minimum Dimensions "RS-TH" District Standards for Proposed PUD Complies? single-family attached houses Minimum lot area 2,600 sq. ft. 1,131 ft. No Minimum dwelling unit width 26 ft. 16 - 26 ft. on avg. No Minimum Site Area 20,000 sq. ft. 115,434 sq. ft. Yes Front yard 10 ft. 20 ft. Yes Side yard 0 ft. 0 ft. Yes Rear yard 5 ft. 10 ft. Yes Open space 30% 28% No Minimum building separation 10 ft. 10 ft. Yes Maximum height 45 ft. 30 ft. Yes Parking 97 spaces 94 spaces No Private Street 28 ft. 24 ft. No Sidewalk 6 ft. on one side 5 ft. on one side No Curb Type 6 in. curb and gutter 2 in. ribbon curb No Existing Land Uses & Zoning: North of the subject property is a commercial facility zoned "CR-2/10" Resort Commercial District with an Island Overlay. South and west of the subject property is vacant land zoned "CR-2/10" Resort Commercial District with an Island Overlay. East of the subject property are offices and commercial facilities zoned "CR-2/10" Resort Commercial District with an Island Overlay. Case#0513-01 Alex Harris Page 3 AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Mustang-Padre Island ADP and is consistent with the adopted Future Land Use Plan, which slates the property for a medium density residential use. Plat Status: The property is currently platted and will be replatted in accordance with the Master Site Plan. Department Comments: • This rezoning is consistent with the Comprehensive Plan. • This rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes, lot widths, open space requirements, and setbacks for individual lots, while maintaining the required site area, building height, and building separation. • The subject property consists of eight platted lots with infrastructure already in place. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. • Using a PUD would commit the developer to a site plan that could not be changed significantly without public hearing. Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "CR-2/10" Resort Commercial District with an Island Overlay to the "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay with the following conditions: 1.) Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 44 townhouse units and shall be constructed in one phase. 2.) Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 16.6 dwelling units per acre. 3.) Building Height: The maximum height of the townhouse units is 30 feet. 4.) Parking: The Property must have a minimum of 88 standard (9-foot wide by 18- feet long) off-street parking spaces and six compact (8.5-foot wide by 16-foot long) off-street parking spaces. Parking is prohibited within the private street. Case#0513-01 Alex Harris Page 4 5.) Setbacks and Lot Width: The Property must be developed in accordance with the setbacks, lot sizes, and lot widths established on the associated replat and Master Site Plan as shown in Exhibit B. Minimum setback along Nemo Court shall be 10 feet. Minimum 20-foot wide front yard setbacks shall be provided for each lot. Minimum rear yard setbacks for all lots shall each be 10 feet. Minimum building separation between unattached townhouse units shall be 10 feet. 6.) Open Space: The Property must maintain 28% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: Each lot shall have access to a private street with a width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: A minimum five-foot wide sidewalk is required to be constructed along one side of the internal private street. 9.) Rentals: Single-family units can be rented for less than a one-month period, and such use must comply with applicable building codes. 10.)Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Number of Notices Mailed — 36 within 200' notification area; 4 outside notification area 0 As of May 23, 2013: In Favor — 3 (inside notification area); 0 (outside notification area) a 0 In Opposition — 1 (inside notification area); 0 (outside notification area) For 2.18% in opposition. Exhibits: A. Location Map (Existing Zoning & Notice Area) B. Master Site Plan b a N M CR- 2 " 34 4s 3— b 21 17 31 8 °v 46 28 — " 14 35" " o, " 18 23 " z° " 26 36 M 33 32 a Lu 2 � N "" Q ry 2 19 N a 25 -R- 2 7 " 1 10 24 12 0 29 11 b 10 SUBJECT 13 s PROPERTY 27 5 " 20 18 22 45 � 4 9 Q 22 N 9 C Z M Q Q � W M " N R.S - T F. b Dat°e Created:411912013 0 iUYFS R+.ST.........800........................................i Prepared-Ey:jeremym Feet Department of De&elopment Services CASE: 0513-01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP a Ski RM-1 Multifamily 1 IL Light Industrial RM-2 Mult SUBJECT ifamily2 IH Heavy Industrial a PROPERTY RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 0 CN-2 Neighborhood Commercial RS-TF Two-Family �+ CR-1 Resort Commercial RS-15 Single-Family 15 kg CR-2 Resort Commercial RE Residential Estate WHITECAP J° RS-TH Townhouse CG-1 General Commercial k CG-2 General Commercial SP Special Permit CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural N H Historic Overlay BP Business Park W E Subject Property O Owners Q'f Clt f with 200'buffer in favor QQ Corpus 4 Owners within 200'listed on v Owners LOCATION MAP C1hr stl attached ownership table /�in opposition 0 C14 5 Ln �rq 0 W •7 QJ aj U bO CL x 1— u x re 0 L CL Ln $ n a o s.o Ct3 y m b. 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ZFm `em m, 44 W N N w Lu 6 6 6 LLI LL 0 z a K N v K c 4� � °?xau �.. d geWilOw v ®O °n. z w — EL � ms t o Cw -- a g m y 3 wa w3 a ¢� a� 4 ® W pU Q dZ 4�P3KP O x.PY 4�. 1-¢Z \ "q5�'`�.•'�`{.. is S � 95� 3 zmo z r a m w Ms f a3 �} 1 ` b - � brn i _ a. i 8 I^ 'I a sx}s .tee,e.�zs I. ciao I "I ca a I I a M m s � n? esarais In mr . a i a � N4< .Ati 1SZR L[,il.s[s 4�i [q %r_ ----- �I m 5a*,ps nsaeai.a, � I ____ 1 r 1Y i v S anr uAUt ubn 'an �aA } ��xnrazo} �n.a} ('M'O'U.0f) 1Nn03 OW3N ------ - -- - - ------ i - - - - - - - Ordinance amending the Unified Development Code ("UDC") upon application by Alex H. Harris, acting as agent on behalf of Williams Airline Partners, Ltd., owner of Lots 17-21, and by Alex H. Harris, owner of Lots 22-24, Block 45, Padre Island — Corpus Christi — Island Fairway Estates, from the "CR-2/10" Resort Commercial District with an Island Overlay to the "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Alex H. Harris, acting as agent on behalf of Williams Airline Partners, Ltd., and of Alex H. Harris, individually, for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 22, 2013, during a meeting of the Planning Commission, and on Tuesday, June 11, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Alex H. Harris, acting as agent on behalf of Williams Airline Partners, Ltd., owner of Lots 17-21, and by Alex H. Harris, individually, as owner of Lots 22-24, (both parties collectively referred to as the "Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City") is amended by changing the zoning on Lots 17 - 24, Block 45, Padre Island — Corpus Christi — Island Fairway Estates (the "Property"), located along the east side of Nemo Court, approxi- mately 525 feet west of South Padre Island Drive (PR 22), from the "CR-2/10" Resort Commercial District with an Island Overlay to the "RM-1/10/PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay, subject to 10 conditions (Zoning Map No. 047044), as shown in Exhibits "A" and "B." Exhibit A, which is a location map pertaining to the Property, and Exhibit "B," which is the master site plan ("Master Site Plan") pertaining to the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following 10 conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 44 townhouse units and shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 16.6 dwelling units per acre. 3. Building Height: The maximum height of the townhouse units is 30 feet. 4. Parking: The Property must have a minimum of 88 standard (9-foot wide by 18-feet long) off-street parking spaces and six compact (8.5-foot wide by 16- foot long) off-street parking spaces. Parking is prohibited within the private street. 5. Setbacks and Lot Width: The Property must be developed in accordance with the setbacks, lot sizes, and lot widths established on the associated replat and Master Site Plan as shown in Exhibit B. Minimum setback along Nemo Court shall be 10 feet. Minimum 20-foot wide front yard setbacks shall be provided for each lot. Minimum rear yard setbacks for all lots shall each be 10 feet. Minimum building separation between unattached townhouse units shall be 10 feet. 6. Open Space: The Property must maintain not less than 28% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: Each lot shall have access to a private street with a width of not less than 24 feet, as measured from back of curb to back of curb. The private street shall be striped to indicate "Fire Lane/No Parking." 8. Pedestrian Access: A minimum five-foot wide sidewalk is required to be constructed along one side of the internal private street. 9. Rentals: Units can be rented for less than a one-month period, and such use must comply with applicable federal, State, and local laws, rules, and regulations and all applicable building codes. 10. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. SECTION 3. The official UDC Zoning Map of the City is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time and except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. Williams Airline Partners Ltd and AHarris CR2 w 10 to RM1 w 10 PUD vFinal 20130604 Page 2 of 3 SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (Lots 17 - 24, Block 45, Padre Island — Corpus Christi — Island Fairway Estates) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Williams Airline Partners Ltd and AHarris CR2 w 10 to RM1 w 10 PUD vFinal 20130604 Page 3 of 3 b a " N " CR- 2 46 a b " 0 N 46 ry G� M J' h � � N Q W' r � p O' b N -R- 2 b O I �\J N R b N " b b SUBJECT " PROPERTY " b N M M " 45 � M " O 22 N q' C Z M Q Q W " N N R..S _ T b Dat°re Created:4119/203 0 did S R*-.ST.........800.., Prepared-By:jeremym Feet Department of De&elopment Services CASE: 0513-01 1. 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ZFm `em m, 44 W N N w Lu 6 6 6 LLI LL 0 z a K N v K c 4� � °?xau �.. d geWilOw v ®O °n. z w — EL � ms t o Cw -- a g m y 3 wa w3 a ¢� a� 4 ® W pU Q dZ 4�P3KP O x.PY 4�. 1-¢Z \ "q5�'`�.•'�`{.. is S � 95� 3 zmo z r a m w Ms f a3 �} 1 ` b - � brn i _ a. i 8 I^ 'I a sx}s .tee,e.�zs I. ciao I "I ca a I I a M m s � n? esarais In mr . a i a � N4< .Ati 1SZR L[,il.s[s 4�i [q %r_ ----- �I m 5a*,ps nsaeai.a, � I ____ 1 r 1Y i v S anr uAUt ubn 'an �aA } ��xnrazo} �n.a} ('M'O'U.0f) 1Nn03 OW3N ------ - -- - - ------ i - - - - - - - U� p AGENDA MEMORANDUM �pia Public Hearing and First Reading for the City Council Meeting of May 28, 2013 2852 Second Reading for the City Council Meeting of June 11, 2013 DATE: May 7, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Estate Residential to Low Density Residential for Kitty Hawk Development, Ltd. Property Address: 9142 South Staples Street CAPTION: Case No. 0413-02 Kitty Hawk Development, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CN-1" Neighborhood Commercial District on Tract 1, the "RE" Residential Estate District to the "RS-15" Single-Family 15 District on Tract 2, and the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District on Tract 3. The property is described as being a 58.969-acre tract of land out of the south half of Section 31, Laureles Farm Tracts, located along the south side of South Staples Street (FM 2444) and along the east side of County Road 41. PURPOSE: The purpose of this item is to allow development of a single-family subdivision with minimum lot sizes of 15,000 square feet and reduce the amount of neighborhood commercial zoning. RECOMMENDATION: Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "RE" Residential Estate District to the "CN-1" Neighborhood Commercial District on Tract 1, from the "RE" Residential Estate District to the "RS-15" Single-Family 15 District on Tract 2, and from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District on Tract 3. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow a single-family subdivision with minimum lot sizes of 15,000 square feet and reduce the amount of neighborhood commercial zoning from 17 acres to 5.36 acres. The development is an expansion of the Kitty Hawk Subdivision to the south and east and will have access to South Staples Street (FM 2444) and County Road 41. The proposed change of zoning is compatible with current zoning and development patterns in the area and is not expected to have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approval of a special permit; or 3. Deny the request. OTHER CONSIDERATIONS: Because the area does not have wastewater service and the subdivision will utilize septic tank systems, the minimum lot size required for platting will be one-half acre. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning is not consistent with the Future Land Use Plan, which slates the property for 17 acres of commercial uses and estate residential uses (one-acre sized lots). EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits 1 a g- • u Ry" a t x 1 M � o x. 1. ZONING REPORT Case No.: 0413-02 HTE No. 13-10000011 Planning Commission Hearing Date: April 24, 2013 c Applicant/Owner: Kitty Hawk Development Ltd. Representative: RVE, Inc., Pat Veteto, P.E., R.P.L.S. .� .� Legal Description/Location: Being a 58.969-acre tract of land out of the south half of Section 31, Laureles Farm Tracts, located along the south side of Q°d 0 South Staples Street (FM 2444) and along the east side of County Road 41. 0 Tract 1 (0.705 acres) From: "RE" Residential Estate District To: "CN-1" Neighborhood Commercial District }, Tract 2 (45.913 acres) 0 From: "RE" Residential Estate District M To: "RS-15" Single-Family 15 District 0 W Tract 3 (12.351 acres) CM "CN-1" Neighborhood Commercial District c To: "RS-15" Single-Family 15 District N Total Area: 58.969 acres Purpose of Request: To allow development of a single-family subdivision and future commercial uses. Existing Zoning District Existing Land Use Future Land Use "RE" Residential Estate & Residential Estate Site "CN-1" Neighborhood Vacant & Commercial c Commercial c� c North "FR" Farm Rural Vacant Residential Estate N South "RE" Residential Estate Residential Estate &Vacant Residential Estate c � }, J Residential Estate & • East "RE" Residential Estate Vacant Residential Estate W Outside City Limits Low Density West Vacant Residential & (O.C.L.) Commercial Case#0413-02 Kitty Hawk Page 2 Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for commercial and estate CL M c residential uses. The proposed change of zoning to the "RS-15" Single-Family 15 District and the "CN-1" Neighborhood Commercial is not consistent with the a o Future Land Use Plan. Q Map No.: 047030, 047029, & 046030 Zoning Violations: None Transportation and Circulation: The subject property has approximately o c 1,600 feet of frontage along South Staples Street (FM 2444), which is a CL 5 proposed "A3" Primary-Arterial Divided street, and approximately 340 feet of cLa frontage along County Road 41, which is a proposed "A2" Minor Arterial Divided street. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type D S. Staples St. "A3" Primary-Arterial 95' ROW 100' ROW 7,651 � a� (FM 2444) Divided 64' paved 28' paved (2010) L Cn County "A2" Secondary 100' ROW -- ROW Not Road 41 Arterial Divided 54' paved -- paved Available Staff Summary: Requested Zoning: On Tract 1, the applicant is requesting a change of zoning from the "RE" Residential Estate District to the "CN-1" Neighborhood Commercial District on 0.71 acres. On Tract 2, the applicant is requesting a change of zoning from the "RE" Residential Estate District to the "RS-15" Single-Family 15 District on 45.91 acres. On Tract 3, the applicant is requesting a change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District on 12.35 acres. Applicant's Development Plan: The proposed rezoning is for 58.969 acres out of a 298.72-acre tract of land, which will be developed as the Kitty Hawk Subdivision. The majority of the remaining land is proposed for one-acre lots. About sixty acres of this subdivision is being rezoned to the "RS-15" Single-Family 15 District, which requires a minimum lot size of 15,000 square feet. Due to a lack of wastewater infrastructure, the area being rezoned to the "RS-15" District will be developed into 66 half-acre lots, constituting approximately 19.5% of the Kitty Hawk Subdivision. With half-acre lot sizes, the developer can install septic systems for each lot rather than extending wastewater lines south of the Oso River. Case#0413-02 Kitty Hawk Page 3 The portion of property being rezoned to "CN-1" Neighborhood Commercial District is a 0.71-acre tract of land that will front County Road 41 and will be an extension of the existing "CN-1" District that fronts South Staples Street (FM 2444) and County Road 41. This rezoning will reduce the existing "CN-1" District located at the corner of South Staples Street (FM 2444) and County Road 41 from about 17 acres to 5.36 acres. Existing Land Uses & Zoning: North and south of the subject property is vacant land zoned "FR" Farm Rural District. Also to the south of the subject property is the Kitty Hawk subdivision zoned "RE" Residential Estate District. West of the subject property is vacant land zoned "CN-1" Neighborhood Commercial District and the city limit line. East of the subject property is vacant land and the Kitty Hawk subdivision zoned "RE" Residential Estate District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is located within the boundaries of the Southside ADP and is not consistent with the adopted Future Land Use Plan, which slates the property for estate residential (one-acre lots) and commercial uses. The developer originally intended to develop 17.2 acres of commercial uses and one-acre residential lots, and the Future Land Use Plan accommodated the developer's original plan. The developer's change in plans is acceptable with regards to the City's Comprehensive Plan and is consistent with surrounding planned uses. Plat Status: The property is currently unplatted. The master preliminary plat is under review. Department Comments: • The proposed residential development is an extension of the Kitty Hawk Subdivision and is partially consistent with the Future Land Use Plan. Although commercial and residential estate uses are planned for the subject property, staff agrees that a low density residential use with lot sizes of 15,000 square feet to a half-acre is appropriate for the land and that reducing the amount of commercial area is also acceptable. • The proposed change of zoning is compatible with current zoning patterns in the area and would not have a negative impact on the surrounding neighborhood. • The City's Comprehensive Plan recommends that commercial activities be located with convenient access to arterial-type streets. The area being rezoned to the "CN-1" Neighborhood Commercial District is located along County Road 41, which is a proposed "A2" Secondary Arterial Divided street. The majority of the existing commercial zoning fronts on South Staples Street (FM 2444), which is also an arterial-type street. • The proposed commercial uses will have direct access to South Staples Street (FM 2444) and will not increase traffic through the surrounding residential areas. Case#0413-02 Kitty Hawk Page 4 Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "RE" Residential Estate District to the "CN-1" Neighborhood Commercial District on Tract 1, from the "RE" Residential Estate District to the "RS-15" Single-Family 15 District on Tract 2, and from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District on Tract 3. Number of Notices Mailed — 13 within 200' notification area; 1 outside notification area 0 As of May 7, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 1 (inside notification area); 0 (outside notification area) For 2.85% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Preliminary Plat FR 4 t� 12 s TRi4CTf3 f T,KAGT Z T,I AGT 1 10 7 5 i 13 UBJF PROPERTY n Dare Cr are 9 9 20J 3 0 400 800 40 Prepay 6y:1erernym .Feet w. Meta rrm,n,,o1 D; 1opment Services CASE: 0413-02 2.. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RMA Multifamily A IL Light industrial SUBJEC RM-2 Multifamily 2 IH Heavy Industrial PROPERTY RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ,{ ON ProfOssl9nalOffice RS-10 Single-Family 10 � RM-AT MultitamiiyAT Rs-6 Single-Family& GN-t Neighborhood Commercial RS-4.5 Single-Family 4,5 - {� CN-2 Neighborhood Commercial RS-TF Two Family � CRA Resort Commercial RS-t5 Single Fam'ty15 �p CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse t CG-2 General commercial SP Special Permit {f CI Intensive Commercial RV Recreational Vehicle Park CSD DovvntovtnCommercial RfuiH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Historic Overlay N l BP Business Park M Subject A'operfy '•i �VdYMYS Corpus of with 2£i0"b'efffer In favor Carpus ovoftrS within 260+'ffstedf on X os"'ners oppasivot! LO CAT{ N MAP Christi sti RAN _p 0 u 3 "affl! HP-Pa 5h ---------- 6gl, II I � I�I2u 3w r. tLZ R v3 b LU If 451;— L Ii III 4 T'i J J J J--m HP uj c ', -1,1, F lu Id j csa. a 1y I vj i 25 'Q -54 o m. Lj waW - ---- --- --------------- n/o Ordinance amending the Unified Development Code ("UDC") upon application by Kitty Hawk Development, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 58.969-acre tract of land out of the south half of Section 31, Laureles Farm Tracts, from the "RE" Residential Estate District to the "CN-1" Neighborhood Commercial District on Tract 1 and to the "RS-15" Single-Family 15 District on Tract 2, and from the "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District on Tract 3; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Kitty Hawk Development, Ltd. ("Owner") for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 24, 2013, during a meeting of the Planning Commission, and on Tuesday, May 28, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Kitty Hawk Development, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 58.969-acre tract of land out of the south half of Section 31, Laureles Farm Tracts (the "Property"), located along the south side of South Staples Street (FM 2444) and along the east side of County Road 41, from the "RE" Residential Estate District to the "CN-1" Neighborhood Commercial District on Tract 1, from the "RE" Residential Estate District to the "RS-15" Single-Family 15 District on Tract 2, and from the "CN-1" Neighborhood Commercial District to the "RS-15" Single- Family 15 District on Tract 3 (Zoning Map Nos. 047030, 047029 & 046030), as shown in Exhibits 'A" "B," "C," and "D." Exhibits A, B, and C, which are metes and bounds descriptions of Tract 1, Tract 2, and Tract 3, respectively, and Exhibit "D," which is a map to accompany the metes and bounds descriptions, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (58.969-acre tract of land out of the south half of Section 31, Laureles Farm Tracts) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Kitty Hawk Development, Ltd. Page 2 of 2 rite RV E, Inc. engineering - surveying 403-12048 March 26, 2013 Page 1 of 2 TRACT 1 PROPERTY DESCRIPTION STATE OF TEXAS § COUNTY OF NUECES § Field notes of a 30,718 square foot tract, more or less, out of a 350 acre tract described in a Warranty Deed, recorded in Volume 2052, Page 304, Deed Records of Nueces County, Texas. Said 30,718 square foot tract is out of the south half of Section 31, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, of the Map Records of Nueces County,Texas. Said 30,718 square foot tract is situated in Nueces County, Texas approximately 10 miles south of Corpus Christi, and is described by metes and bounds as follows: COMMENCING at a 518" iron rod found in the center lines of South Staples Street and County Road 41 for the northwest corner of the south half of Section 31 of said Laureles Farm Tracts and northwest corner of said 350 acre tract; THENCE South along the center line of said County Road 41, the west line of said 350 acre tract, the west boundary of said south half of Section 31, a distance of 733.03 feet to the POINT OF BEGINNING and northwest corner of this tract; THENCE East along the north line of this tract, a distance of 181.30 feet to the point of tangency and beginning of a curve to the right, which curve has a central angle of 03° 17' 46", a radius of 921.00 feet, a tangent length of 26.50 feet, an arc length of 52.98 feet, and whose chord bears S 88° 21' 07"E, a distance of 52.98 feet; THENCE along the north line of this tract and said curve to the right in an easterly direction, an arc length of 52.98 feet to the northeast corner of this tract and the beginning of a curve to the left, which curve has a central angle of 02° 05' 23", a radius of 500.00 feet, a tangent length of 9.12 feet, an arc length of 18.24 feet, and whose chord bears S 13° 30' 14" W, a distance of 18.23 feet; THENCE along the east line of this tract and said curve to the left in a southerly direction, an are length of 18.24 feet to an inside corner of this tract; TBPE Firm Reg. No. F-2037 820 Buffalo St., Corpus Christi, Texas 78401-2216 P.O. Box 2927, Corpus Christi, Texas 78403-2927 Phone: 361.887.8851 fax: 361.887.8855 e-mail: rve @rve-inc.com website:www.rve-inc.com EXHIBIT A March 26,2013 Page 2 of 2 THENCE South along the east line of this tract, a distance of 89.29 feet to an angle point of this tract; i i THENCE S 000 35' 07" W along the east line of this tract, a distance of 25.00 to the southeast corner of this tract and the beginning of a curve to the left, which curve has a central angle of 00° 35' 07", a radius of 782.50 feet, a tangent length of 4.00 feet, an arc length of 7.99 feet, and whose chord bears N 89° 42' 27"W, a distance of 7.99 feet; THENCE along the south line of this tract and said curve to the left in a westerly direction, an are length of 7.99 feet to a point of tangency for a corner of this tract; THENCE West along the south line of this tract, a distance of 221.75 feet to a point in the centerline of County Road 41, the west line of said Section 31, the west line of said 350 acre tract, and the southwest corner of this tract; THENCE North along the centerline of County Road 41, the west line of said Section 31, the west line of said 350 acre tract, and the west line of this tract, a distance of 133.50 feet to the northwest corner of this tract and POINT OF BEGINNING, and containing 30,718 square feet, more or less. I, Dale A. Wunderlich., Registered Professional Land Surveyor of Texas, do hereby certify that this description was performed under my direct supervision and is true and correct to the best of my knowledge, this the 26th day of March, 2013. fl kti" � Registered Professional Land Surveyor -v / Texas Registration No. 6181 Prepared by: RVE Inc. 403-12048 Tract 1 —RE to CN-1 Kitty Hawk Phase 2 EXHIBIT A rite RVE, Inc. engineering - surveying 403-12048 March 26, 2013 Page 1 of 3 TRACT 2 PROPERTY DESCRIPTION STATE OF TEXAS § COUNTY OF NUECES § Field notes of a 45.913 acre tract, more or less, out of a 350 acre tract described in a Warranty Deed, recorded in Volume 2052, Page 304, Deed Records of Nueces County, Texas. Said 45.91 acre tract is out of the south half of Section 31, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, of the Map Records of Nueces County,Texas. Said 45.913 acre tract is situated in Nueces County, Texas approximately 10 miles south of Corpus Christi, and is described by metes and bounds as follows: CONEVIENCING at a 5/8" iron rod found in the center lines of South Staples Street and County Road 41 for the northwest corner of the south half of Section 31 of said Laureles Farm Tracts and northwest corner of said 350 acre tract; THENCE South along the west line of said 350 acre tract, the center line of said County Road 41, the west boundary of said south half of Section 31, a distance of 866.53 feet to the POINT OF BEGINNING and the lower northwest corner of this tract; THENCE East, a distance of 221.75 feet to a point of tangency and the beginning of a curve to the right, which curve has a central angle of 00° 35' 07", a radius of 782.50 feet, a tangent length of 4.00 feet, an arc length of 7.99 feet, and whose chord bears S 89° 42' 27" E, a distance of 7.99 feet; THENCE along said curve to the right in an easterly direction, an arc length of 7.99 feet to an inside corner of this tract; THENCE N 000 35' 07"E, a distance of 25.00 to an angle point of this tract; THENCE North, a distance of 89.29 feet to the beginning of a curve to the right,which curve has a central angle of 02° 05' 23", a radius of 500.00 feet, a tangent length of 9.12 feet, an arc length of 18.24 feet, and whose chord bears N 13° 30' 14"E, a distance of 18.23 feet; TBPE Firm Reg. No. F-2037 820 Buffalo St., Corpus Christi, Texas 78401-2216 P.O. Box 2927, Corpus Christi, Texas 78403-2927 Phone: 361.887.8851 fax: 361.887.8855 e-mail: rve(Orve-inc.com website: www.rve-ino.corn EXHIBIT B March 26,2013 Page 2 of 3 THENCE along said curve to the right in a northerly direction, an arc length of 18.24 feet to the central northwest corner of this tract and the beginning of a curve to the right, which curve has a central angle of 36° 42'14", a radius of 921.00 feet, a tangent length of 305.52 feet, an arc length of 590.00 feet, and whose chord bears S 68° 21' 07"E, a distance of 579.96 feet; THENCE along said curve to the right in an easterly direction, an are length of 590.00 feet to a point of tangency for a corner of this tract; THENCE S 500 00' 00"E, a distance of 117.74 feet to an inside corner of this tract; THENCE N 400 00' 00" E, a distance of 108.91 feet to the point of tangency and beginning of a curve to the left, which curve has a central angle of 40° 00' 00",a radius of 250.00 feet, a tangent length of 90.99 feet, an arc length of 174.53 feet, and whose chord bears N 20° 00' 00" E, a distance of 171.01 feet; THENCE along said curve to the left in a northerly direction, an arc length of 174.53 feet to a point of tangency for a corner of this tract; THENCE North, a distance of 779.51 feet to a point in the centerline of South Staples Street, the north line of said Section 31, the north line of said 350 acre tract, and the upper northwest corner of this tract; THENCE S 890 58' 05" E along the centerline of South Staples Street, the north line of said Section 31, the north line of said 350 acre tract, and the north line of this tract, a distance of 1044.00 feet to the upper northeast corner of this tract; THENCE South along the upper east line of this tract, a distance of 481.31 feet to an inside corner of this tract; THENCE S 450 00' 00"E, a distance of 190.92 feet to an inside corner of this tract; THENCE East, a distance of 215.00 feet to the lower northeast corner of this tract; THENCE South along the lower east line of this tract, a distance of 397.94 feet to the point of tangency and beginning of a curve to the right, which curve has a central angle of 70° 50' 08", a radius of 246.00 feet, a tangent length of 174.94 feet, an arc length of 304.13 feet, and whose chord bears S 35° 25' 04" W, a distance of 285.13 feet; THENCE along said curve to the right in a southerly direction, an arc length of 304.13 feet to a point of tangency for a corner of this tract; THENCE S 700 50' 08" W along the south line of this tract, a distance of 375.31 feet to a corner of this tract; THENCE N 290 41' 31" W, a distance of 159.40 feet to an inside corner of this tract and beginning of a curve to the right, which curve has a central angle of 07° 40' 55", a radius of 403-12048 Tract 2—RE to RS-15 Kitty Hawk Phase 2 EXHIBIT B March 26,2013 Page 3 of 3 1141.00 feet, a tangent length of 76.60 feet, an arc length of 152.98 feet, and whose chord bears S 27° 28' 32"W, a distance of 152.87 feet; THENCE along said curve to the right in a southerly direction, an arc length of 152.98 feet to a corner of this tract; THENCE N 50° 00' 00" W along the south line of this tract, a distance of 321.21 feet to an inside corner of this tract; THENCE S 40° 00' 00" W along the south line of this tract, a distance of 603.67 feet to the south corner of this tract; THENCE N 50° 00' 00" W along the south line of this tract, a distance of 643.47 feet to the point of tangency and beginning of a curve to the left, which curve has a central angle of 40° 00' 00", a radius of 572.50 feet, a tangent length of 208.37, an arc length of 399.68 feet, and whose chord bears N 70° 00' 00"W, a distance of 391.61 feet; THENCE along said curve to the left in a westerly direction, an arc length of 399.68 feet to a point of tangency for a corner of this tract; THENCE West along the south line of this tract, a distance of 221.75 feet to a point in the centerline of County Road 41, the west line of said Section 31, the west line of said 350 acre tract, and the southwest corner of this tract; THENCE North along the centerline of County Road 41, the west line of said Section 31, the west line of said 350 acre tract, and the west line of this tract, a distance of 210.00 feet to the lower northwest corner of this tract and POINT OF BEGINNING, and containing 45.913 acres, more or less. I, Dale A. Wunderlich., Registered Professional Land Surveyor of Texas, do hereby certify that this description was performed under my direct supervision and is true and correct to the best of my knowledge, this the 26th day of March, 2013. Registered Professional Land Surveyor -" Texas Registration No. 6181 Prepared by: RVE, Inc. 403-12048 Tract 2--RE to RS-15 Kitty Hawk Phase 2 EXHIBIT B rite RVE, Inc. engineering - surveying 403-12048 March 26, 2013 Page 1 of 2 TRACT 3 PROPERTY DESCRIPTION STATE OF TEXAS § COUNTY OF NUECES § Field notes of a 12.351 acre tract, more or less, out of a 350 acre tract described in a Warranty Deed, recorded in Volume 2052, Page 304, Deed Records of Nueces County, Texas. Said 45.91 acre tract is out of the south half of Section 31,Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, of the Map Records of Nueces County, Texas. Said 12.351 acre tract is situated in Nueces County, Texas approximately 10 miles south of Corpus Christi, and is described by metes and bounds as follows: COMNIENCING at a 518" iron rod found in the center lines of South Staples Street and County Road 41 for the northwest corner of the south half of Section 31 of said Laureles Farm Tracts and northwest corner of said 350 acre tract; THENCE S 89° 58' 05"E along the centerline of South Staples Street, the north line of said 350 acre tract, the north boundary of said south half of Section 31, a distance of 429.64 feet to the POINT OF BEGINNING and the northwest corner of this tract; THENCE S 890 58' 05" E along the centerline of South Staples Street, the north line of said Section 31, the north line of said 350 acre tract, and the north line of this tract, a distance of 562.36 feet to the northeast corner of this tract; THENCE South along the east line of this tract, a distance of 779.51 feet to the point of tangency and beginning of a curve to the right, which curve has a central angle of 40° 00' 00", a radius of 250.00 feet, a tangent length of 90.99 feet, an arc length of 174.53 feet, and whose chord bears S 20° 00' 00"W, a distance of 171.01 feet; THENCE along the east line of this tract and said curve to the right in a southerly direction, an arc length of 174.53 feet to a point of tangency for a corner of this tract; THENCE S 40° 00' 00" W along the east line of this tract, a distance of 108.91 feet to the southeast corner of this tract; TBPE Firm Reg. No. F-2037 820 Buffalo St., Corpus Christi, Texas 78401-2216 P.O. Box 2927, Corpus Christi, Texas 78403-2927 Phone: 361.887.8851 fax: 361.887.8855 e-mail: rve@rve-inc.com website: www.rve-inc.com EXHIBIT C March 26,2013 Page 2 of 2 THENCE N 50° 00' 00" W along the south line of this tract, a distance of 117.74 feet to the point of tangency and beginning of a curve to the left, which curve has a central angle of 36° 42' 14", a radius of 921.00 feet, a tangent length of 305.52 feet, an arc length of 590.00 feet, and whose chord bears N 68° 21' 07"W, a distance of 579.96 feet; THENCE along the south line of this tract and said curve to the left in a westerly direction, an arc length of 590.00 feet to the southwest corner of this tract and the beginning of a curve to the right, which curve has a central angle of 21' 51' 02", a radius of 500.00 feet, a tangent length of 96.51 feet, an arc length of 190.68 feet, and whose chord bears N 25° 28' 27" E, a distance of 189.53 feet; THENCE along the west line of this tract and said curve to the right in a northerly direction, an arc length of 190.68 feet to a point of tangency for a corner of this tract; THENCE N 36° 23' 57" E along the west line of this tract, a distance of 159.00 feet to the point of tangency and beginning of a curve to the left, which curve has a central angle of 36° 23' 57", a radius of 100.00 feet, a tangent length of 32.88 feet, an arc length of 63.53 feet, and whose chord bears N 18° 11' 59"E, a distance of 62.47 feet; THENCE along the west line of this tract and said curve to the left in a northerly direction, an are length of 63.53 feet to a point of tangency for a corner of this tract; THENCE North along the west line of this tract, a distance of 375.90 feet to a point in the centerline of South Staples Street, the north line of said Section 31, the north line of said 350 acre tract, the northwest corner of this tract and POINT OF BEGINNING, and containing 12.351 acres, more or less. I, Dale A. Wunderlich., Registered Professional Land Surveyor of Texas, do hereby certify that this description was performed under my direct supervision and is true and correct to the best of my knowledge, this the 26th day of March, 2013. r � r Registered Professional Land Surveyor Texas Registration No. 6181 Prepared by: RVE. Inc. 403-12048 Tract 3—CN-1 to RS-15 Kitty Hawk Phase 2 EXHIBIT C RVE NAME R:\CUENIS\BR MN MARK-403\12049-Kitty Hawk ft—II\CAD\ZOnng\ZONING M .E"g Epdt— Fri,Mar 22 2013®2:07 pm O D D GA O C) $N�t�l2l gVg NW r]y4y��$D <AO F Dm �0 I n Q y WEST 2887.19' I II (I II I o N�m royN ":op :Z 9ip II II O E��. II I' Ip I II Ic ° >z I co --I I ID °ymw$;,yygy �3 11 li Z D �DCn I I w II I� ��� II O m z I !9'tO II ID 6GG6G5GG m S- O 999 �N A�N� jl IO c ( IZ �Z f ff Ff ij '2�'�02 II 'O v Y\! Q NoD I N II ID WE �$�OA �t'mn �Tw II I is AAm y V m e II I' :za �yr�n-�cn 4`m yCp Ii II (/1 `7ti� °°dxO~yx 6i II I o O I II °aU "' 'oogi c II Z I ao�N�r'i -4 :iS m m S i i = wc�01�x ..;q. x° - II i txm N I z < �GQ No n In z __KINGLANE-JNI z $ ' .�f� n�"Fy� �I I i co =m;m y �oI `o=oo 100'R.O.W. mwoo w-N �o �I p?A i �m� ✓v I ��V/.� rn vl I I Z�b N�� j I Vim, r6 co � �I l i °� mm ON >0 5 - ?n Am�z$ '� I I I Az C0 co II // Ca 0 jI I IT O- tiDDO_ Z�7]]-i I rl � m O pDC0�1 n I I I I ODZ N I I z W Z =�mqo o ��; Ley, r 2 O —,I c I m$bom DZ i�zm mOO II m xI __ Z C7 8 qo,. �fmZ,`LA GO II I I O N 8��� mm� � � �' I J-m@ m m �rnD I� IDI 0 olI I R1 "y -" n�N II I� ' j' m co p� m co yoao coc II I m �z T_ Imr� �N II z 000 II i V C I I' � I -SOUTH S_P ES ST..--F M 2444______ Boo CZ � < 8 -n A O a� X—I X--I W m� M m n = ° S89°58'05"E 2887.19' m I <'o ?� m� m� vm� woo O X �o� �,m= 11 zvr-I� w O p �p1 n-C�I N."' Z 1,z 9 NORTH 112 SECTION 31 ,�2 Z?� �w (p N Z AAm , n D LAURELES FARM TRACTS Z O y' ' Zy-nj n� V_3 P_15 M.R.N.C.T. Z T 7��n O -4 ��Z -P� j n�O D D OD `"-' o cn n n co T EXHIBIT D KITTY HAWK J N 2013 e 3 ZONING MAP engineering-surveying ,w.��, NO DATE REVrAM 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 11, 2013 852 Second Reading Ordinance for the City Council Meeting of June 18, 2013 DATE: May 29, 2013 TO: Ronald L. Olson, City Manager FROM: Arlena Sones, City Auditor ArlenaS @cctexas.com 826-3659 Approval of FY2014 Annual Audit Plan CAPTION: Ordinance to approve the Annual Audit Plan for FY 2013-2014 PURPOSE: To obtain approval of the Fiscal Year 2014 Annual Audit Plan by City Council in accordance with the Code of Ordinance Chapter 12 Y2 City Auditor. BACKGROUND AND FINDINGS: On November 2, 2010, voters approved an amendment to the City Charter adding the position of City Auditor who shall be appointed by and report to the City Council. Article II, Section 29 (b) of the City Charter provides that the City Auditor shall report to the City Council and have such duties, responsibilities, and staff as determined by ordinance, including the responsibility to conduct, or cause to be conducted, financial, performance, investigative, and other audits following government auditing standards as promulgated by the Comptroller General of the United States. On July 20, 2011, City Council approved an amendment to the City Code of Ordinance adding Chapter 12 Y2 City Auditor. On November 15, 2011, Chapter 12 Y2 City Auditor Ordinance was amended to establish a Council Audit Committee. Chapter 12 Y2 Section 2 (h) (1) of the City Code of Ordinance provides that no less than thirty (30) days prior to the beginning of each fiscal year the City Auditor shall submit an annual audit plan to the City Council through the Council Audit Committee for review and comment. In conformance, the City Auditor is presenting the Fiscal Year 2014 Annual Audit Plan for City Council approval, which has been presented to and approved by the Council Audit Committee on June 04, 2013. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conformance with City Code of Ordinance Chapter 12 Y2 City Auditor EMERGENCY/ NON-EMERGENCY: Non-Emergency two readings DEPARTMENTAL CLEARANCES: Council Audit Committee FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Approval of Ordinance as presented LIST OF SUPPORTING DOCUMENTS: Exhibit A —Ordinance to approve the Annual Audit Plan for FY 2013-2014 Ordinance to approve the Annual Audit Plan for FY 2013-2014 Whereas, Section 12 '/ - 2 (h)(1) of the City Code of Ordinances requires that no less than thirty (30) days prior to the beginning of each fiscal year, the City Auditor shall submit an Annual Audit Plan to the Council Audit Committee for review and comment, after which the plan is to be forwarded to City Council for review and final approval; Whereas, Section 12 '/ - 2 (h) (1) of the City Code of Ordinances provides that the plan shall identify each audit to be conducted in terms of the department, organization, service, program, function or policy to be audited and audit objectives to be addressed; Whereas, the Council Audit Committee reviewed and approved the FY 2013-2014 Annual Audit Plan at its meeting on June 4, 2013; Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the City Council has reviewed and does approve the Annual Audit Plan for FY 2013-2014, copy attached as Exhibit A. City of Corpus Christi City Auditor's Office C C� Ho CORPOR 1852 Proposed Annual Audit Plan Fiscal Year 2014 City Auditor's Office June 4, 2013 To: Honorable Mayor and Council Members Subject: Proposed Annual Audit Plan Fiscal Year 2014 In accordance with Corpus Christi Code of Ordinance, Chapter 12 1/2, Section 2 (h)1, I am pleased to present the Annual Audit Plan (the plan) for Fiscal Year (FY) 2014. Section 2 requires the City Auditor to submit the plan to the Council Audit Committee for review and comment thirty (30) days prior to the beginning of each fiscal year. The FY 2014 plan incorporates input from City Council Members and information from a department-level risk assessment survey. The survey considered factors such as financial impact, internal and external environment changes, complexity, and prior issues. The City Auditor's Office used professional judgment to rank this input and develop auditable areas including preliminary audit objectives. This approach provides adequate audit coverage of City processes and programs in high-risk areas. Government auditing standards require that we provide independent, objective, fact-based assessments of the stewardship, performance and cost of policies, programs, and operations that we audit. Our work is a vital component of the City's effort to maintain citizens' trust and confidence in the effective, efficient and economic deployment of City resources. 2014 Audit Plan During FY 2013 the City Auditor's Office saw the resignation of the prior City Auditor and one of its two staff auditors. As a result, none of the FY 2013 audits have been initiated. Therefore, the majority of FY 2013 audit projects have been reclassified as FY 2014 audits. The FY 2014 plan includes 5 audits and 3 follow-up audits along with one audit carried over from FY 2012. The plan also includes staff hours for unannounced cash counts, investigations of fraud hotline tips, and special assignments approved by the Audit Committee. I look forward to assisting the Audit Committee and City Council in fulfilling their governance responsibilities to the citizens of Corpus Christi. Respectfully, Arlena Sones, CPA, CIA, CGAP City Auditor Proposed FY 2014 Audit Plan Item Project Department Audit Estimated No. No. &Audit Area Objectives Hours Financial Services Determine if hotels/motels are properly AU14- collecting and remitting all occupancy taxes 1 Hotel/Motel 885 001 Occupancy Tax* owed to the City in compliance with applicable regulations and guidelines. 2 AU14- Financial Services Determine if adequate controls are in place 685 002 Warehouse* to manage inventories. 3 AU14- Municipal Court Determine if adequate controls are in place 785 003 Fee Collections* for the collections and billing of fees. Determine if airport car rental AU14- Airport concessionaires and fixed based operators 4 785 004 Leases are properly reporting and remitting lease amounts to the City. Determine if segregation of duties has been 5 AU14- MIS implemented in the new financial software 400 005 Financial Software systems. Financial Services Evaluate management implementation of 6 FU14-001 100 Purchasing* prior audit recommendations. Financial Services Evaluate management implementation of 7 FU14-002 Utility Business Office 100 & Field Operations* prior audit recommendations. 8 FU14-003 Financial Services Evaluate management implementation of 100 Central Cashiering* prior audit recommendations. Perform unannounced cash counts, 9 TBD Citywide investigate allegations of fraud, waste or 400 abuse, and conduct special assignments approved by audit committee. Total Estimated Hours 4,240 Estimated Remaining Audit Carryovers Hours 1 AU12- Financial Services- Evaluate the adequacy of cash handling 500 003 Central Cashiering controls over receipts. *This audit was originally scheduled for FY 2013; however, it will be re-classified as FY 2014. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor / r / r,rrrr z r r r.; r r !� r r r r r r O r �- V r � � � O � •� O O V r r . r w' r> r; r . LO LO L fl 00 00 00 0* '. W t _ _tt tt € a tt o v p o tt 4.4 tt �).PY ` cCi O fll ,' Ri cia C]� t]J rn fll — 4J Q 't tb CA sn bA O o w o o! a o o �- C4 c1r) i .F1 O O Q 00 Q' W x of i:4 bl� O O Q' •� � <; fell ILI Vj w l rzo D }' tt tt tt U c U FQ-+ pil i' CU bA 4.4 d N N CD ch o 0 4d di d N 4 cam. 00 Q� //// / r / r,/i ! 0:.;;;0 % O„";;% % O. % z r? i / r i r r„ i' r; s i in moo i Mr.John and Mrs. Cheryl Hooper 1118 Graham Road Corpus Christi, Texas 78418 361-834-3403 April 30, 2013 Mr. Mark Van Vleck, P.E. Director Development Services Mr. Miguel S. SaIdana,A.I.C.P. Development Services City of Corpus Christi 2406 Leopard St. Corpus Christi,Texas 78469-9277 Dear Mr. Van Vleck and Mr. SaIdana, Re: Case No. 40321-P11, Oak Terrace Unit 2 Block 4, Lot 7 We are the owners of the property at 1118 Graham Road located in the city of Corpus Christi. On April 29, 2003 we paid a Sanitary Sewer/Wastewater Fee in the amount of$3,217.00 to the City of Corpus Christi. This fee was required to be paid at the time of platting. At the time the fee was paid, we were made aware by our project engineer and Harry Power, City Planner, City of Corpus Christi, that if the sewer was not placed on the property within 10 years, we would be reimbursed that fee plus interest of 5.5%annually. We requesting a refund of the $3,217.00 in Sanitary Sewer/Wastewater Fees paid to the City of Corpus Christi on April 29, 2003. We are also requesting a refund of$1,769.35 in interest due on $3,217.00 from April 29, 2003 until April 29, 2013. Our request for refund is valid based on the fact that no wastewater lines serve 1118 Graham Road, Oak Terrace Unit 2, Block 4, and Lot 7. It is evident that there are no plans to place sewer in this area. Copies are included as proof of this transaction. Thank you for your assistance in this matter. We look forward to you expediting this matter and receiving a refund check in the amount of $4,986.35 from the City of Corpus Christi. Sincerely, John C. r Cheryl L- H p Per Ordinance appropriating $5,495.10 from the No. 4220 Wastewater Trunk System Trust Fund to refund John C. and Cheryl L. Hooper wastewater lot/acreage fees previously paid for Lot 7, Block 4, Oak Terrace Unit 2 and authorizing the City Manager or designee to issue payment. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funding in the amount of $5,495.10 is appropriated from the No. 4220 Wastewater Trunk Line Trust Fund to refund John C. and Cheryl L. Hooper wastewater lot/acreage fees previously paid for Lot 7, Block 4, Oak Terrace Unit 2, in accordance with Section 8.5.2.G. of the Unified Development Code. Furthermore, the City Manager, or his designee, is authorized to issue payment of the refund to the named parties. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor i AGENDA MEMORANDUM 4 First Reading Ordinance the City Council Meeting of June 11, 2013 Second Reading Ordinance for the City Council Meeting of dune 25, 2013 DATE: May 2 , 2013 r TO Ronald L. Olson, City Manager T' ROUGH: Wes Pierson, Assistant City Manager (381) 828-3082 wesp@cctexas.com FROM: Emily Martinez (381)882-7448 emartinez @ccredc.com Type A Grant for Sam Kane Beef Processors, LLC CAPTION: Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Sam Kane Beef Processors, LLC ("Sam Kane") to provide a grant of up to $3,000,000 for the creation and retention of jobs at their beef packing plant in the City of Corpus Christi extra territorial jurisdiction, amending the budget to allow for this funding of up to $3,000,000 from the Unreserved Fund balance in the No. 1140 Business/Job Development Fund and appropriating up to $3,000,000 to the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund. PURPOSE: Approving a grant of $3,000,000 for Sam Kane Beef Processors, LLC for the retention of 739 jobs and creation 100 jobs at their meat packing facility located in Carpus Christi BACKGROUND AND FINDINGS: Sam Kane has been open since 1949. It is the last meat packing plant in South Texas. It employs 739 people and pays out an annual payroll of approximately 21 million. The next closest meat processing plant is in Amarillo. They have negotiated a sell to a Houston based company, owners by Lou Waters,. Sr. and Lou Waters, Jr. The Waters Group will keep the company operating and retain 739 jobs and create 100 jabs. ALTERNATIVES. The Type A agreement is the only incentive program that the City has for this location. OTHER CONSIDERATIONS: If the company were to cease operations, 739 employees will lose their jobs, a direct impact to the local economy. The increased transportation costs of shipping cattle, and the general stress on cattle due to travel would shut down the cattle industry in South Texas directly affecting feed lots and ranchers. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to locate and thrive in Corpus Christi and its extraterritorial jurisdiction. EMERGENCY/ NON-EMERGENCY: NON-EMERGENCY DEPARTMENTAL/lBOARD CLEARANCES: Legal Type A Board approved on May 1, 2013 FINANCIAL IMPACT: c Operating ri Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIF only) Current Year Future Years TOTALS Line Item Budget Encumbered E ended Amount This item 3,000,000 3,000,000 BALANCE �i'=6i U0-0'J,�0'—JO'Jo'i 3,000,000 Fund(s): Type A Fund RECOMMENDATION: Staff recommends approving this $3,000,000 grant to Sam Kane Beef Processors, LLC for retaining 739 jobs and creating 100 jobs LIST OF SUPPORTING DOCUMENTS: Ordinance Type A Agreement Project Service Agreement Page 1 of 2 Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Sam Kane Beef Processors, LLC ("Sam Kane") to provide a grant of up to $3,000,000 for the creation and retention of jobs at their beef packing plant in the City of Corpus Christi extra territorial jurisdiction, amending the budget to allow for this funding of up to $3,000,000 from the Unreserved Fund balance in the No. 1140 Business/Job Development Fund and appropriating up to $3,000,000 to the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund. Whereas, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Sam Kane for the creation and retention of jobs at their meat packing plant will best satisfy this goal; Whereas, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for the creation and retention of jobs at Sam Kane between the Type A Corporation and Sam Kane; Whereas, there is a need for a business incentive project service agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for the creation and retention of jobs at Sam Kane between the Type A Corporation and Sam Kane. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement for the creation and retention of jobs at Sam Kane between the Type A Corporation and Sam Kane, which is on file at the City Secretary's office, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project service agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with Sam Kane, on file at the City Secretary's office. SECTION 3. That $3,000,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Sam Kane for the creation and retention of jobs. SECTION 4. That Ordinance No. 029565, which adopted the FY 2012-2013 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business/Job ORDINANCE--Sam Kane Beef Grant03/15/13 Page 2 of 2 Development Fund by $3,000,000 for a business incentive grant from the Type A Corporation to Sam Kane for the creation and retention of jobs. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor ORDINANCE--Sam Kane Beef Grant03/15/13 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND SAM KANE BEEF PROCESSORS, INC FOR CREATION AND RETENTION OF JOBS This Business Incentive Agreement for Capital Investments and the Creation and Retention of Jobs ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Sam Kane Beef Processors, LLC ("Sam Kane"), a Texas Limited Liability Company. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation and retention of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009-2011 on November 17, 2009; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Sam Kane is the seventh largest beef processing facility in the nation. They process on average 1,200 head of cattle per day that are raised in South Texas for distribution throughout the nation. They own their facility which is located at 9001 Leopard Street in Corpus Christi; WHEREAS, on May 1, 2013 the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Sam Kane, through this Agreement with Sam Kane, to be used by Sam Kane to continue operating their beef processing facility and to create 100 full-time jobs and retain 739 existing full-time jobs, with an estimated annual average salary of$27,700 per year. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Sam Kane agree as follows: Page 1 of 8 Type A Bus Incen Agmt Sam Kane Beef 5-30-13 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the effective date. 3. Performance Requirements and Grants. The Performance Requirements and Grants are listed in Exhibit A, which is attached to and incorporated into this Agreement. 4. Job Creation Qualification. a. A "job" is defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. b. Sam Kane agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. c. Sam Kane agrees to provide Corporation with a sworn certificate by authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. d. Sam Kane shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 5. Utilization of Local Contractors and Suppliers. Sam Kane agrees to exercise reasonable efforts in utilizing local contractors and suppliers in any construction that may take place in conjunction with the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Sam Kane agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Sam Kane to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Sam Kane is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 6. Utilization of Disadvantaged Business Enterprises (`DBE'). Sam Kane agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Sam Kane agrees to a goal of 30% of the total dollar amount of all construction contracts and related supply agreements, if any, that may take place in conjunction with the Project being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Sam Kane agrees, during any construction that may take place in Page 2 of 8 Type A Bus Incen Agmt Sam Kane Beef 5-30-13 conjunction with the Project and for four years after Completion thereof, to maintain written records documenting the efforts of Sam Kane to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Sam Kane is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local' as used to describe contractors and/or suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 7. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 8. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 9. Warranties. Sam Kane warrants and represents to Corporation the following: a. Sam Kane is a limited liability company duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Sam Kane has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Sam Kane has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Sam Kane has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of Sam Kane is duly authorized to execute this Agreement on behalf of Sam Kane. f. Sam Kane does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Sam Kane is convicted of a violation under §U.S.C. Section 1324 a (0, Sam Kane shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Sam Kane has been notified of the violation. 10. Compliance with Laws. During the Term of this Agreement, Sam Kane shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. Page 3 of 8 Type A Bus Incen Agmt Sam Kane Beef 5-30-13 11. Non-Discrimination. Sam Kane covenants and agrees that Sam Kane will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 12. Force Majeure. If the Corporation or Sam Kane are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Sam Kane are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 13. Assignment. Sam Kane may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 14. Indemnity. Sam Kane covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Sam Kane activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Sam Kane must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 15. Events of Default by Sam Kane. The following events constitute a default of this Agreement by Sam Kane: a. The Corporation or City determines that any representation or warranty on behalf of Sam Kane contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Sam Kane or any attachment or other levy against the property of Sam Kane with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Sam Kane makes an assignment for the benefit of creditors. d. Sam Kane files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Sam Kane become delinquent, and Sam Kane fails to timely and properly follow the legal procedures for protest or contest. Page 4 of 8 Type A Bus Incen Agmt Sam Kane Beef 5-30-13 f. Sam Kane changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. Sam Kane fails to comply with one or more terms of this Agreement. 16. Notice of Default. Should the Corporation or City determine that Sam Kane is in default according to the terms of this Agreement, the Corporation or City shall notify Sam Kane in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Sam Kane to cure the event of default. 17. Results of Uncured Default by Sam Kane. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Sam Kane, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Sam Kane shall immediately repay all funds paid by Corporation to them under this Agreement. b. Sam Kane shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Sam Kane of all sums due, the Corporation and Sam Kane shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, or Sam Kane may be held liable for any consequential damages. 18. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Sam Kane's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Sam Kane is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 19. Sam Kane specifically agrees that Corporation shall only be liable to Sam Kane for the actual amount of the money grants to be conveyed to Sam Kane, and shall not be liable to Sam Page 5 of 8 Type A Bus Incen Agmt Sam Kane Beef 5-30-13 Kane for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Sam Kane to be accompanied by all necessary supporting documentation. 20. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 21. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Sam Kane: Sam Kane Beef Processors, LLC Attn: President P.O. Box 9254 Corpus Christi, TX 78469 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 22. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. Page 6 of 8 Type A Bus Incen Agmt Sam Kane Beef 5-30-13 23. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 24. Relationship of Parties. In performing this Agreement, both the Corporation and Sam Kane will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 25. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Sam Kane. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 26. a and b shall survive the termination of this Agreement. [Remainder of Page Intentionally Left Blank] Page 7 of 8 Type A Bus Incen Agmt Sam Kane Beef 5-30-13 Corpus Christi Business & Job Development Corporation By: Robert Tamez President Date: Attest: By: Armando Chapa Assistant Secretary Sam Kane Beef Processors, LLC By: Is In W7304�esit Date: Ma 31 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2013, by Louis A. Waters, Jr., President, for Sam Kane Beef Processors, LLC/a Texas Limited Liability Company, on behalf of the Sam Kane Beef Processors, LLC. Notary Public State of Texas ;y A 4A BRENDA G. HERA MY COMMISSION EXPIRES APRIL 27, 2017 Page 8 of 8 Type A Bus Incen Agmt Sam Kane Beef 5-30-13 EXHIBIT A PERFORMANCE MEASURES AND CORPORATION GRANTS 1. Sam Kane shall retain 739 full-time jobs, with an average annual salary of $27,700 per year as described in the schedule below. Sam Kane shall create 100 full-time jobs over the term of this Agreement. Year Number of Number of Annual Payroll Capital New Jobs Retained Jobs Investment 1 0 739 20,470,000 0 2 25 739 21,855,300 0 3 25 739 23,240,300 0 4 25 739 24,625,300 0 5 25 739 26,010,300 0 a. Grants, not to exceed $600,000 per year and a cumulative total of $3,000,000 over five years, are available on a per job created/retained basis. b. Should the Company fall below the Performance Standards in any one year, the Company shall receive a reduced percentage of the Cash Incentive in effect that year. Such reduction will be in that percentage equal to the percentage the Company's performance falls below the Performance Standards. However if the Company falls below 70% then there is no payment for that year. The reduced Cash Incentive shall be calculated as follows: Annual payroll commitment: 5th year: 739 employees Actual: 700 employees Cash Incentive: = 700/739 X$600,000 = $568,335.59 In the 5th year, the Company would receive a reduced Cash Incentive of $568,335.59 from the Corporation for not meeting the performance goals for retained employees. 2. The Corporation will award a grant to Sam Kane based on the formula above, payable not later than 30 days after the completion of the compliance report each year if Sam Kane retains the minimum number of in the preceding year described in paragraph 1 above (collectively, the "annual performance benchmarks"). A-1 Type A Business Incentive Agreement Sam Kane 5-30-13 FINAL Type A Bus Incen Agmt Sam Kane Beef 5-30-13 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009-2011 on November 17, 2009; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Sam Kane Beef Processors, LLC ("Sam Kane") has submitted a proposal to the Type A Corporation for a $3,000,000 grant for the retention of 739 jobs and the creation of 100 new jobs in their existing meat processing facility; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund Sam Kane's retention of 739 jobs and creation of 100 new jobs in their existing meat processing facility; and WHEREAS, the Type A Corporation and Sam Kane have executed a business incentives agreement for the creation and retention of jobs related to Sam Kane's existing meat processing facility. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Retention and Creation of Jobs between the Type A Page 1 of 3 Type A Business Service Agreement-Sam Kane Corporation and Sam Kane related to Sam Kane meat processing facility in Corpus Christi ("Business Incentive Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is May 1, 2013. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. Page 2 of 3 Type A Business Service Agreement-Sam Kane The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson Robert Tamez City Manager President Date: Date: Attest Armando Chapa City Secretary Page 3 of 3 Type A Business Service Agreement-Sam Kane Page 1 of 2 Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Sam Kane Beef Processors, LLC ("Sam Kane") to provide a grant of up to $3,000,000 for the creation and retention of jobs at their beef packing plant in the City of Corpus Christi extra territorial jurisdiction, and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Business Incentive Agreement for the creation and retention of jobs; amending the budget to allow for this funding of up to $3,000,000 from the Unreserved Fund balance in the No. 1140 Business/Job Development Fund and appropriating up to $3,000,000 to the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund. Whereas, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Sam Kane for the creation and retention of jobs at their meat packing plant will best satisfy this goal; Whereas, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for the creation and retention of jobs at Sam Kane between the Type A Corporation and Sam Kane; Whereas, there is a need for a business incentive project service agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for the creation and retention of jobs at Sam Kane between the Type A Corporation and Sam Kane. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement for the creation and retention of jobs at Sam Kane between the Type A Corporation and Sam Kane, which is on file at the City Secretary's office, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project service agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with Sam Kane, on file at the City Secretary's office. ORDINANCE--Sam Kane Beef Grant6-1006/11/13 Page 2 of 2 SECTION 3. That $3,000,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Sam Kane for the creation and retention of jobs. SECTION 4. That Ordinance No. 029565, which adopted the FY 2012-2013 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $3,000,000 for a business incentive grant from the Type A Corporation to Sam Kane for the creation and retention of jobs. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor ORDINANCE--Sam Kane Beef Grant6-1006/11/13 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of 02/26/13 852 Second Reading for the City Council Meeting of 03/19/13 DATE: February 15, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Director of Storm Water and Street Operations ValerieG@cctexas.com 361.826.1875 Ordinance creating a Street Maintenance Fee. CAPTION: Ordinance establishing a street maintenance fee to be implemented by policies, rates, and methodologies established by separate ordinance. PURPOSE: The purpose of this item is to establish a Street Maintenance Fee consistent with policy and law. A second ordinance setting the Street Maintenance Fee rate will be presented to Council separately. BACKGROUND AND FINDINGS: On July 7, 2012 City staff presented their recommendation regarding a Street Improvement Plan and funding. Part of this recommendation included the implementation of a Street Maintenance Fee which would fund maintenance (seals and overlays) of streets in Fair or Good condition. On August 28, 2012, staff presented a Resolution seeking a confirmation of City Council's intent to move forward with the implementation of a Street Maintenance Fee and direction regarding specific aspects of the Street Maintenance Fee policies. During the presentation, Council Members requested slight modifications to elements regarding the Street Maintenance Fee as well as the addition of other items not directly related to the Street Maintenance Fee, but associated with the Street Plan. The revised Resolution was approved on September 18, 2012. Additional policy and rate design elements will be brought before Council on January 19, 2013 in order to further refine both the application and design of the proposed Street Maintenance Fee. A second presentation was given at the February 19, 2013 City Council Work Session. The attached Ordinance establishes a Street Maintenance Fee. ALTERNATIVES: Council may choose not to move forward with the Street Maintenance Fee at this time. OTHER CONSIDERATIONS: An Ordinance establishing a Street Maintenance Fee must be passed prior to the Ordinance which sets the rate for the Fee. CONFORMITY TO CITY POLICY: The Ordinance follows all appropriate policy. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends passage of the Ordinance in all of its parts. LIST OF SUPPORTING DOCUMENTS: None. Ordinance establishing a street maintenance fee to be implemented by policies, rates, and methodologies established by separate ordinance. WHEREAS, City Council desires to establish a street maintenance fee; and WHEREAS, by subsequent ordinance the City Council will adopt the policies, rates, and methodologies to be used to implement the street maintenance fee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. AUTHORITY. The City of Corpus Christi, a Home-Rule City, is authorized to establish this street maintenance fee pursuant to the authority, regulatory authority, and police powers granted by the Texas Constitution, the City Charter, Texas Local Government Code § 51.001, Chapter 311 of the Texas Transportation Code, and other laws of the State of Texas. The City has exclusive control over and under the public highways, streets, and alleys within the municipality and may regulate the public highways, streets, and alleys within its city limits. Tex. Transp. Code Ann. § 311.001. SECTION 2. DEFINITIONS. 1) Benefitted Property means a residence; a business; or lot, parcel or property that generates motor vehicle trips. 2) Street Maintenance Fee means the fee established by this division. 3) Street Preventative Maintenance Program or SPMP means the street maintenance program, as amended from time to time, for maintaining city streets within the City's jurisdiction. 4) Street System means the structures, streets, rights-of-way, bridges, alleys, and other facilities that are dedicated to the use of vehicular traffic; the maintenance and repair of those facilities, and the operation and administration of such maintenance and repair under the Street Preventative Maintenance Program. 022613 ORD#1 -ESTABLISHING THE STREET MAINTENANCE FEE(2) Page 1 of 4 5) Trip Factor means a principle basis of service measurement derived from the trip generation rates published by the Institute of Transportation Engineers. 6) Utility Customer means the person who is responsible for the payment of charges for a Benefitted Property. SECTION 3. FEE ESTABLISHED. A Street Maintenance Fee is established to be implemented by policies, rates, and methodologies established by separate ordinance. The City Council finds, determines and declares that in order to protect the citizenry from the deterioration of the quality and safety of the Street System that they rely upon and use on a regular basis, it is necessary and in the best interest of the public health and safety to establish a street maintenance fee in order to provide a properly maintained road system. To this end, the City Council will establish a schedule of street maintenance fees subject to the limitations of the state law to cover the costs to the City to provide maintenance of the Street System. The City will offer this maintenance service in a nondiscriminatory, reasonable and equitable manner. (a) Council hereby establishes a Street Maintenance Fee, to be paid by each Utility Customer and owner of Benefitted Property within the city limits, set in amounts that will provide sufficient funds to properly maintain the Street System. (b) Collection of the fee against each Benefitted Property shall be made by a monthly charge to be added to the utility bill for such property. (c) Council will by separate ordinance establish the rate based upon the cost to the City for maintaining the Street System. SECTION 4. DISPOSITION OF FEES AND CHARGES. The fee paid and collected by virtue of this article shall not be used for the general or government proprietary purposes of the City, except to pay for the equitable share of the cost of accounting, management and government thereof. Other than as described above, the fees and charges shall be used solely to pay for the cost of operation, administration, planning, engineering, development of guidelines and controls, inspection, maintenance, repair, improvement, and renewal of the Street System and the costs incidental thereto. 022613 ORD#1 -ESTABLISHING THE STREET MAINTENANCE FEE(2) Page 2 of 4 SECTION 5. EFFECTIVE PERIOD. This Ordinance takes effect immediately upon its passage and continues for ten years. This Ordinance ceases to have effect ten years from date of its final passage, unless further Council action is taken to extend this Ordinance. SECTION 6. LIABILITY. This article does not imply any guarantee that any street within the city limits will be maintained to any level of service within the term of the Street Preventative Maintenance Program. This article does not create additional duties on the part of the City. This article does not waive the City's immunity under any law. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor 022613 ORD#1 -ESTABLISHING THE STREET MAINTENANCE FEE(2) Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 022613 ORD#1 -ESTABLISHING THE STREET MAINTENANCE FEE(2) Page 4 of 4 Ordinance establishing a street maintenance fee to be implemented by policies, rates, and methodologies established by separate ordinance. WHEREAS, City Council desires to establish a street maintenance fee; and WHEREAS, by subsequent ordinance the City Council will adopt the policies, rates, and methodologies to be used to implement the street maintenance fee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. AUTHORITY. The City of Corpus Christi, a Home-Rule City, is authorized to establish this street maintenance fee pursuant to the authority, regulatory authority, and police powers granted by the Texas Constitution, the City Charter, Texas Local Government Code § 51.001, Chapter 311 of the Texas Transportation Code, and other laws of the State of Texas. The City has exclusive control over and under the public highways, streets, and alleys within the municipality and may regulate the public highways, streets, and alleys within its city limits. Tex. Transp. Code Ann. § 311.001. SECTION 2. DEFINITIONS. 1) Benefitted Property means a residence; a business; or lot, parcel or property within the city limits of the City that generates motor vehicle trips. CemmeFc4al Residential enefitted O-epe4y moons a��ay+hoy^I mi il�i_ family he icing nr a detay+hed C_t.Melling i init of a mnhilo hnmo part ro+roa4ignal VehiGlo (RV) paFk nr magi ifay+4i ired hnmo y+nmmi inity 2) City Manager means the City Manager or designee. 3) Equivalent Residential Unit ("ERU') means a unit of measurement equal to the median size of a residence or 1,500 square feet. 4) Motor Vehicle Trip means each departure from and each arrival to a property by a motor vehicle. 5) Nonresidential Benefitted Property means Benefitted Property not defined as Gemmornial Residential Ronofi44o l PFepeFt y nr ORD#1 -ESTABLISHING THE STREET MAINTENANCE FEE CLEAN(3-12-13) Page 1 of 4 Residential Benefitted Property under this article. 6) Residential Benefitted Property means a detached single-family residence, attached multi-family housing, or a detached dwelling unit of a mobile home park, recreational vehicle (RV) park, or manufactured home community. 7) Street Maintenance Fee ("Fee') means the fee established by this article imposed against, and collected from, owners or occupants of Benefitted Property for the purpose of maintaining the street system of the City. 8) Street Preventative Maintenance Program ("SPMP') means the street maintenance program, as amended from time to time, funded by the Street Maintenance Fee. 9) Street System means the structures, streets, rights-of-way, bridges, alleys, and other facilities within the city limits of the City that are dedicated to the use of vehicular traffic; the maintenance and repair of those facilities; and the operation and administration of such maintenance and repair under the Street Preventative Maintenance Program. 10)Trip Factor means a principle basis of service measurement, principally derived from the trip generation rates published by the Institute of Transportation Engineers. 11)Utility Customer("Customer) means the holder of a city utility account or the person who is responsible for the payment of charges for a Benefitted Property. SECTION 3. FEE ESTABLISHED. A Street Maintenance Fee is established to be implemented by policies, rates, and methodologies established by separate ordinance. The City Council finds, determines and declares that in order to protect the citizenry from the deterioration of the quality and safety of the Street System that they rely upon and use on a regular basis, it is necessary and in the best interest of the public health and safety to establish a street maintenance fee in order to provide a properly maintained road system. ORD#1 -ESTABLISHING THE STREET MAINTENANCE FEE CLEAN(3-12-13) Page 2 of 4 To this end, the City Council will establish a schedule of street maintenance fees subject to the limitations of the state law to cover the costs to the City to provide maintenance of the Street System. The City will offer this maintenance service in a nondiscriminatory, reasonable and equitable manner. (a) Council hereby establishes a Street Maintenance Fee, imposed against, and to be paid by, Utility Customer and owner of Benefitted Property within the city limits, set in amounts that will provide sufficient funds to properly maintain the Street System. (b) Collection of the fee against each Benefitted Property shall be made by a monthly charge to be added to the utility bill for such property. (c) Council will by separate ordinance establish the rate based upon the cost to the City for maintaining the Street System. SECTION 4. DISPOSITION OF FEES AND CHARGES. The fee paid and collected by virtue of this article shall not be used for the general or government proprietary purposes of the City, except to pay for the equitable share of the cost of accounting, management and government thereof. Other than as described above, the fees and charges shall be used solely to pay for the cost of operation, administration, planning, engineering, development of guidelines and controls, inspection, maintenance, repair, improvement, and renewal of the Street System, the Street Preventative Maintenance Program, and the costs incidental thereto. SECTION 5. EFFECTIVE PERIOD. This Ordinance takes effect immediately upon its passage and continues for ten years. This Ordinance ceases to have effect ten years from date of its final passage, unless further Council action is taken to extend this Ordinance. SECTION 6. LIABILITY. This article does not create additional duties on the part of the City. This article does not waive the City's immunity under any law. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez ORD#1 -ESTABLISHING THE STREET MAINTENANCE FEE CLEAN(3-12-13) Page 3 of 4 City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2103. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor ORD#1 -ESTABLISHING THE STREET MAINTENANCE FEE CLEAN(3-12-13) Page 4 of 4 cos AGENDA MEMORANDUM First Reading for the City Council Meeting of 03/19/13 1852 Second Reading for the City Council Meeting of 03/26/13 DATE: March 7, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Director of Storm Water and Street Operations ValerieG@cctexas.com 361.826.1875 Ordinance establishing rates, policies, and methodologies to implement the street maintenance fee created by separate ordinance. CAPTION: Ordinance establishing rates, policies, and methodologies to implement the street maintenance fee created by separate ordinance. PURPOSE: The purpose of this item is to establish by Ordinance the policies and methodologies needed to implement the street maintenance fee as well as establishing the rate to be charged. BACKGROUND AND FINDINGS: On July 7, 2012 City staff presented their recommendation regarding a Street Improvement Plan and funding. Part of this recommendation included the implementation of a Street Maintenance Fee which would fund maintenance (seals and overlays) of streets in Fair or Good condition. On August 28, 2012, staff presented a Resolution seeking a confirmation of City Council's intent to move forward with the implementation of a Street Maintenance Fee and direction regarding specific aspects of the Street Maintenance Fee policies. During the presentation, Council Members requested slight modifications to elements regarding the Street Maintenance Fee as well as the addition of other items not directly related to the Street Maintenance Fee, but associated with the Street Plan. The revised Resolution was approved on September 18, 2012. Additional policy and rate design elements will be brought before Council on January 19, 2013 in order to further refine both the application and design of the proposed Street Maintenance Fee. A second presentation was given at the February 19, 2013 City Council Work Session. An Ordinance establishing rates, policies and methodologies was brought before Council on February 26, 2013, but the item was tabled until March 19, 2013 pending further work by City staff. ALTERNATIVES: Council may choose not to move forward with the Street Maintenance Fee at this time. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The Ordinance follows all appropriate policy. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None "This item" — Enter amount obligated by the item in future years (if applicable). RECOMMENDATION: Staff recommends passage of the Ordinance in all of its parts. LIST OF SUPPORTING DOCUMENTS: Trip Factor Index. Ordinance establishing rates, policies, and methodologies to implement the street maintenance fee created by separate ordinance. WHEREAS, City Council has established a street maintenance fee by separate ordinance; and WHEREAS, by this ordinance the City Council adopts the policies, rates, and methodologies to implement the street maintenance fee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. DEFINITIONS. 1) Benefitted Property means a residence; a business; or lot, parcel or property within the city limits of the City that generates motor vehicle trips. 2) Commercial Residential Benefitted Property means attached multi-family housing or a detached dwelling unit of a mobile home park, recreational vehicle (RV) park, or manufactured home community. 3) Director means the City Manager or designee. 4) Equivalent Residential Unit ("ERU') means a unit of measurement for the median size of a residence equal to 1,500 square feet. 5) Motor Vehicle Trip means each departure from and each arrival to a property by a motor vehicle. 6) Nonresidential Benefitted Property means Benefitted Property not defined as Commercial Residential Benefitted Property or Residential Benefitted Property under this article. 7) Residential Benefitted Property means a detached single-family residence. 8) Street Maintenance Fee ("Fee') means the fee established by this article imposed against, and collected from, owners or occupants of Benefitted Property for the purpose of maintaining the street system of the City. 9) Street Preventative Maintenance Program ("SPMP') means the street maintenance program, as amended from time to time, funded by the Street Maintenance Fee. ORD#2 SETTING RATE POLICY-STREET MAINTENANCE FEE(3-13-13) 1 of 8 10)Street System means the structures, streets, rights-of-way, bridges, alleys, and other facilities within the city limits of the City that are dedicated to the use of vehicular traffic; the maintenance and repair of those facilities; and the operation and administration of such maintenance and repair under the Street Preventative Maintenance Program. 11)Trip Factor means a principle basis of service measurement, principally derived from the trip generation rates published by the Institute of Transportation Engineers. 12)Utility Customer("Customer") means the holder of a city utility account or the person who is responsible for the payment of charges for a Benefitted Property. SECTION 2. FINDINGS. The City Council finds and determines the following: 1) It is appropriate that a Benefitted Property pay the prorated annual cost of the Street System that can reasonably be attributed to the Benefitted Property. 2) The number of Motor Vehicle Trips generated by a Benefitted Property may reasonably be used to estimate the prorated cost of the Street System attributable to a Benefitted Property. 3) The size and use of a property may reasonably be used to estimate the number of Motor Vehicle Trips generated by the property. 4) Based on the best available data, the method of imposing the Street Maintenance Fee reasonably prorates the cost of the Street System among Benefitted Properties. 5) It is reasonable and equitable to impose a set monthly fee per utility meter for each Residential and Commercial Residential Benefitted Property in order to avoid a disproportionate burden on any Residential or Commercial Benefitted Property. 6) It is reasonable and equitable to cap the square footage for a Nonresidential Benefitted Property in order to avoid a disproportionate burden on a Nonresidential Benefitted Property. 7) It is reasonable and equitable to cap the Trip Factor for Nonresidential Benefitted Property in order to avoid a disproportionate burden on a Nonresidential Benefitted Property. ORD#2 SETTING RATE POLICY-STREET MAINTENANCE FEE(3-13-13) 2 of 8 8) If available, appraisal district property tax records may be relied on to determine the size of nonresidential property. 9) It is reasonable and equitable to derive trip generation rates for Commercial Residential, Residential, and Nonresidential Benefitted Property as determined and published by the Institute of Transportation Engineers. 10)It is reasonable and equitable to assume that each utility meter in the service area serves a Benefitted Property. SECTION 3. TRIP FACTORS. The Director shall assign to each Benefitted Property a Trip Factor according to the property's use. The Director shall assume for each Nonresidential Benefitted Property the number of trips per day as set by the Institute of Transportation Engineers. The Director will conduct a survey of Nonresidential Benefitted Property to more specifically identify land use, in order to assign a more appropriate Trip Factor to the land use categories shown in the Trip Factor Index. The Trip Factor Index will be maintained by the Director or his designee and may be revised from time to time in accordance with this article. A Customer may validate the Trip Factor of a Benefitted Property at the Customer's own expense under the rules and procedures established by the Director. After completion of the required validation procedures, if a change in Trip Factor is indicated that results in a reduced fee, the reduction in fee is prospective only. A Customer may not receive a refund from such a reduction in fee. For purposes of this article, a property's use does not depend on the property's zoning. If a property fits more than one category of use, the Director shall assign a Trip Factor that most accurately reflects the number of Motor Vehicle Trips generated by the property. SECTION 4. STREET FEE-ONLY ACCOUNT. The Director shall create an account in the City's utility account billing system for any Benefitted Property for which no utility account exists. SECTION 5. RESIDENTIAL BENEFITTED PROPERTY. The Fee for Residential Benefitted Property shall be on the basis of a set fee per lot, unit, tract or parcel. ORD#2 SETTING RATE POLICY-STREET MAINTENANCE FEE(3-13-13) 3 of 8 For a Residential Benefitted Property, each month a Customer shall pay an amount equal to the following: Amount = $7.00 x (1 Unit) x (1) Trip Factor SECTION 6. COMMERCIAL RESIDENTIAL BENEFITTED PROPERTY. The Fee for Commercial Residential Benefitted Property shall be on the basis of a set fee per dwelling unit. For a Commercial Residential Benefitted Property, each month a Customer shall pay an amount equal to the following: Amount = $7.00 x (Number of Units) x (0.48) Trip Factor SECTION 7. NONRESIDENTIAL BENEFITTED PROPERTY. The Director shall determine the Fee for Nonresidential Benefitted Property on the basis of factors that include the trip generation rate published by the Institute of Transportation Engineers for the land uses allowed. Fora Nonresidential Benefitted Property, per meter, each month a Customer shall pay an amount equal to the following: Amount = $7.00 x (Square Footage / EU) x Trip Factor The Director shall determine the square footage for a Nonresidential Benefitted Property based upon building square footage of property as recorded by the Nueces County Appraisal District. If appraisal district records are unavailable, the Director may determine the size of a Nonresidential Benefitted Property from the best available information. Where the square footage for a Nonresidential Benefitted Property exceeds 100,000 square feet on a per meter basis, the Director will consider and determine the square footage for that property to be 100,000 square feet per meter. Where the Trip Factor for a Nonresidential Benefitted Property exceeds 4.6, the Director will consider and determine the Trip Factor to be 4.6. Where multiple water meters exist on the property, square footage will be distributed among the meters using the best available information. ORD#2 SETTING RATE POLICY-STREET MAINTENANCE FEE(3-13-13) 4 of 8 SECTION 8. BILLING AND COLLECTION OF FEE. Fees will be billed each month on the utility bill for each Benefitted Property. Payment is due upon receipt of the bill. The Utility Customer is responsible for apportionment of Fees to any person or persons leasing units of the Benefitted Property. SECTION 9. RECOVERY OF UNPAID FEE. The City may recover a Street Maintenance Fee that is not paid when due in an action at law. The City may discontinue utility services to a user who fails to pay the Fee when due. SECTION 10. STREET MAINTENANCE FUND. A special fund is created known as the Street Fund. All fees collected by the City for the purpose of maintenance of the Street System shall be deposited in the Street Fund. It will not be necessary for the expenditures from the Fund to specifically relate to any particular property from which the fees were collected. The Director shall provide to the City Council an annual report of the Street Fund. Every year the Director shall provide City Council a report on the progress of the Street Preventative Maintenance Program (SPMP) and publish an updated three-year map of street candidates to be considered for the maintenance program. SECTION 11. RULES. The Director shall adopt rules necessary for the administration of this article and the Street Maintenance Fee. The Director shall be responsible for administration of this article; developing all rules and procedures necessary to administer all provisions of this article'. developing maintenance programs; and establishing Street System criteria and standards for the operation and maintenance of the Street System. SECTION 12. APPEAL OF TRIP FACTOR If a Customer believes that the Trip Factor assigned to a Benefitted Property does not fairly reflect the Motor Vehicle Trips generated by the Benefitted Property, the Customer may appeal the Trip Factor under rules and procedures established by the Director. To appeal a Trip Factor, a Customer must show that based on an actual count of Motor Vehicle Trips, the Trip Factor assigned to the Benefitted Property should be reduced. The Customer is responsible for the cost of counting Motor Vehicle Trips. ORD#2 SETTING RATE POLICY-STREET MAINTENANCE FEE(3-13-13) 5 of 8 The Director shall adopt rules for the administration of this section, including acceptable methods of counting Motor Vehicle Trips. A reduced fee under this section is prospective only. A Customer may not receive a refund resulting from a reduction under this section. SECTION 13. DISPOSITION OF FEES AND CHARGES. The fee paid and collected by virtue of this article shall not be used for the general or government proprietary purposes of the City, except to pay for the equitable share of the cost of accounting, management and government thereof. Other than as described above, the fees and charges shall be used solely to pay for the cost of operation, administration, planning, engineering, development of guidelines and controls, inspection, maintenance, repair, improvement, and renewal of the Street System and the costs incidental thereto. SECTION 14. LOW-INCOME DISCOUNT. A Customer who is eligible may apply for a discounted fee. A Customer shall provide proof of eligibility in accordance with the rules and procedures established by the Director. A Customer shall establish eligibility for a discounted fee on an annual basis. The Director shall adopt rules for the administration of this section, including acceptable methods for showing and determining eligibility for a low-income discount. A reduced fee under this section is prospective only. A Customer may not receive a refund resulting from a reduction or discount under this section. SECTION 15. EXEMPTIONS. This article does not apply to a city, county, state, federal agency or department, hospital district, publicly funded independent school district or charter school, public institution of higher education, or regional transit authority. SECTION 16. EFFECTIVE PERIOD. This Ordinance takes effect immediately upon its passage and continues for ten years. This Ordinance ceases to have effect ten years from date of its final passage, unless further Council action is taken to extend this Ordinance. SECTION 17. LIABILITY. This article does not create additional duties on the part of the City. This article does not waive the City's immunity under any law. ORD#2 SETTING RATE POLICY-STREET MAINTENANCE FEE(3-13-13) 6 of 8 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor ORD#2 SETTING RATE POLICY-STREET MAINTENANCE FEE(3-13-13) 7 of 8 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor ORD#2 SETTING RATE POLICY-STREET MAINTENANCE FEE(3-13-13) 8 of 8 TRIP FACTOR INDEX DRAFT Code Land Use Trip Factor Class CH Church or Church w/private school 1.39 Church MW Mini-Warehouse 0.25 Comm. FS Furniture Store 0.52 Comm. GO General Office Building 0.88 Comm. OP Office Park 0.89 Comm. BP Business Park 1.01 Comm. HO Hospital 1.65 Comm. MD Medical-Dental Office Building 2.86 Comm. CS New Car Sales 2.97 Comm. SR Specialty Retail Center 4.26 Comm. SC Shopping Center 4.34 Comm. DC Discount Club 4.44 Comm. BM Building Materials and Lumber Store 4.52 Comm. GC Garden Center 4.60 Comm. SS Free-Standing Discount Superstore 4.60 Comm. FD Free-Standing Discount Store 4.60 Comm. HP Hardware/Paint Store 4.60 Comm. QR Quality Restaurant 4.60 Comm. DS Discount Supermarket 4.60 Comm. SM Supermarket 4.60 Comm. RS High-Turnover(Sit-Down)Restaurant 4.60 Comm. DB Drive-in Bank 4.60 Comm. FR Fast-Food Restaurant w/Drive-through window 4.60 Comm. CM Convenience Market(Open 24 Hours) 4.60 Comm. CG Convenience Market w/Gasoline Pumps 4.60 Comm. MA Manufacturing 0.32 Ind. WA Warehousing 0.40 Ind. LI General Light Industrial 0.55 Ind. IP Industrial Park 0.57 Ind. CE Cemetery 0.56 Comm. NH Nursing Home 0.64 Comm. TT Truck Terminal 0.78 Ind. HQ Corporate Headquarters Building 0.83 Comm. AU Automobile Care Center 0.98 Comm. OF Single Tenant Office Building 1.21 Comm. PV Private School 1.34 Comm. RC Recreational Community Center 2.05 Comm. TS Tire Store 2.60 Comm. HC Health/Fitness Club 3.18 Comm. HI Home Improvement Superstore 3.23 Comm. AC Athletic Club 4.35 Comm. HT Hotel 4.60 Comm. MO Motel 4.60 Comm. RM Resort Motel 4.60 Comm. SH All Suites Hotel 4.60 Comm. BH Business Hotel 4.60 Comm. ES Electronics Superstore 4.60 Comm. DA Day Care Center 4.60 Comm. AU Automobile Parts Sales 4.60 Comm. MT Multiplex Movie Theater 4.60 Comm. P2 Pharmacy/Drugstore w/Drive-through window 4.60 Comm. PD Pharmacy/Drugstore w/o Drive-through window 4.60 Comm. WB Walk-In Bank 4.60 Comm. GA Gasoline/Service station w/w/o Conv. Mtk.Or car wash 4.60 Comm. C2 Convenience Market(Open 15-16 hours) 4.60 Comm. FF Fast-Food Restaurant w/o Drive-through window 4.60 Comm. Ordinance establishing rates, policies, and methodologies to implement the street maintenance fee created by separate ordinance. WHEREAS, City Council has established a street maintenance fee by separate ordinance; and WHEREAS, by this ordinance the City Council adopts the policies, rates, and methodologies to implement the street maintenance fee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. DEFINITIONS. 1) Benefitted Property means a residence; a business; or lot, parcel or property within the city limits of the City that generates motor vehicle trips. 2) Director means the City Manager or designee. 3) Equivalent Residential Unit ("ERU') means a unit of measurement for the median size of a residence equal to 1,500 square feet. For Residential, an ERU equals one. For Nonresidential, an ERU equals SF/1500 SF. 4) Land Use means one of the 131 land use categories recognized in the Trip Factor Index. 5) Motor Vehicle Trip means each departure from and each arrival to a property by a motor vehicle. 6) Nonresidential Benefitted Property means Benefitted Property not defined as (`nmmornial Residential Ronofitted RrepeFty or Residential Benefitted Property under this article. 7) Residential Benefitted Property means a detached single-family residence, attached multi-family housing, or a detached dwelling unit of a mobile home park, recreational vehicle (RV) park, or manufactured home community. 8) Square Footage ("SF") means the square footage of improvements designated as "living area" as identified in the records of the Nueces County Appraisal District UNCAD"). 9) Street Maintenance Fee ("Fee') means the fee established by this article imposed against, and collected from, owners or occupants of Benefitted ORD#2 SMF(after 1st reading with Option E-per City Council at 6-19-13 workshop) 1 of 8 Property for the purpose of maintaining the street system of the City. 10)Street Preventative Maintenance Program ("SPMP') means the street maintenance program, as amended from time to time, funded by the Street Maintenance Fee. 11)Street System means the structures, streets, rights-of-way, bridges, alleys, and other facilities within the city limits of the City that are dedicated to the use of vehicular traffic; the maintenance and repair of those facilities; and the operation and administration of such maintenance and repair under the Street Preventative Maintenance Program. 12)Trip Factor means a principle basis of service measurement, principally derived from the trip generation rates published by the Institute of Transportation Engineers. 13)Trip Factor Index means the table of applied land uses recognized by the City of Corpus Christi for purposes of implementing the Street Maintenance Fee. 14)Utility Customer("Customer) means the holder of a city utility account or the person who is responsible for the payment of charges for a Benefitted Property. SECTION 2. FINDINGS. The City Council finds and determines the following: 1) It is appropriate that a Benefitted Property pay the prorated annual cost of the Street System that can reasonably be attributed to the Benefitted Property. 2) The number of Motor Vehicle Trips generated by a Benefitted Property may reasonably be used to estimate the prorated cost of the Street System attributable to a Benefitted Property. 3) The size and use of a property may reasonably be used to estimate the number of Motor Vehicle Trips generated by the property. 4) Based on the best available data, the method of imposing the Street Maintenance Fee reasonably prorates the cost of the Street System among Benefitted Properties. 5) It is reasonable and equitable to impose a set monthly fee per utility meter for each Residential and GGRqRqeFGia4 Nonresidential Benefitted Property in ORD#2 SMF(after 1st reading with Option E-per City Council at 6-19-13 workshop) 2 of 8 order to avoid a disproportionate burden on any Residential or Nonresidential Benefitted Property. 6) It is reasonable and equitable to cap the square footage for a Nonresidential Benefitted Property in order to avoid a disproportionate burden on a Nonresidential Benefitted Property. 7) It is reasonable and equitable to cap the Trip Factor for Nonresidential Benefitted Property in order to avoid a disproportionate burden on a Nonresidential Benefitted Property. 8) If available, appraisal district property tax records may be relied on to determine the size of Nonresidential Benefitted Property. 9) It is reasonable and equitable to derive trip generation rates for Gemmernial Residential Residential and Nonresidential Benefitted Property as determined and published by the Institute of Transportation Engineers. 10)It is reasonable and equitable to assume that each utility meter in the service area serves a Benefitted Property. SECTION 3. TRIP FACTORS. The Director shall assign to each Benefitted Property a Trip Factor according to the property's use. The Director shall assume for each Nonresidential Benefitted Property the number of trips per day as set by the Institute of Transportation Engineers. The Director conducted a survey of Nonresidential Benefitted Property to more specifically identify land use, in order to assign a more appropriate Trip Factor to the land use categories shown in the Trip Factor Index (Exhibit "A"). The Trip Factor Index will be maintained by the Director or his designee and may be revised from time to time in accordance with this article. 4 G estemer may validate the. Trip F=aGtGr of rs Re.ne.fiUP-d Drnne.r y At +he. s--r-vusvrrry cr-rcrnzca�--r°�acrc�ucz'-'c 4ffte.r nmmpletinn of the required validation nrnnorli Tres if a nhaRge in Trip Canter is inrJine.4e.r! 4hn4 re.si 0,; in n r pfee the. Fpd,-r-tmAn in f is Fes pie. 9 ly /A rrraTVCrr Tc�-m-crr c�m�� ff Gistnme.r may not re.ne.iVe. o re.f1 inr! from si inh o foe. For purposes of this article, a property's use does not depend on the property's zoning. If a property fits more than one category of use, the Director shall assign a land use Trip Canter that most onni 1pately refl�he. hhe.r of �Antnr\/e.hinl Trips geReFated by the pFepeFt y " 1 ORD#2 SMF(after 1st reading with Option E-per City Council at 6-19-13 workshop) 3 of 8 SECTION 4. STREET FEE-ONLY ACCOUNT. The Director shall create an account in the City's utility account billing system for any Benefitted Property for which no utility account exists. SECTION 5. FEE CALCULATION. The Street Maintenance Fee shall be calculated based on the following formula: Rate x ERU x TF = Monthly Bill ERU = Equivalent Residential Unit = 1500 SF. For each dwelling unit of a Residential Benefitted Property, ERU = 1. For each Nonresidential Benefitted Property, ERU = SF/1500 SF on a per meter basis. TF = Trip Factor SECTION 6. RESIDENTIAL BENEFITTED PROPERTY. The Fee for Residential Benefitted Property shall be on the basis of a set fee per In+ i Ri+ +raGt er narnel dwelling unit. For a Residential Benefitted Property, each month a Customer shall pay an amount equal to the following: $5.99 x (1 ERU) x 1.00 (TF) = Monthly Bill (Single family) $5.99 x (1 ERU) x 0.45 (TF) = Monthly Bill (Multi-family) SECTION 6. GQMMERGIAL RESIDENTIAL BENEFITTED DDr1D€RTY. The Coo fnr (`nmmernial Residential Benefitted RreneFty shall be nn the hock of a set fee per dwelling i IRi+ Cer a Gemmernial Residential Benefitted Proven y eanh month a Gi istemer shall crTCrarvcr�rcrrccca--r-r�v�crr� ci-�rr-n Ft - pay an amni lRt eq ial to the fnll inn• Omni in+ - $7.00 x (Number of I Ini+s) v (Q.48) Trim Canter rci ORD#2 SMF(after 1st reading with Option E-per City Council at 6-19-13 workshop) 4 of 8 SECTION 7. NONRESIDENTIAL BENEFITTED PROPERTY. The Director shall determine the Fee for Nonresidential Benefitted Property on the basis of factors that include the trip generation rate published by the Institute of Transportation Engineers for the land uses allowed. For a Nonresidential Benefitted Property, per meter, each month, a Customer shall pay an amount equal to the following: $5.99 x ( F/1500 F) x TF = MonthIV Bill The Director shall determine the square footage for a Nonresidential Benefitted Property based upon building square footage of property as recorded by the Nueces County Appraisal District. If appraisal district records are unavailable, the Director may determine the size of a Nonresidential Benefitted Property from the best available information. Where the square footage for a Nonresidential Benefitted Property exceeds 409;999 59,000 square feet on a per meter basis, the Director will consider and determine the square footage for that property to be 100,000 59,000 square feet per meter. Where the Trip Factor for a Nonresidential Benefitted Property exceeds 4.6 3.78, the Director will consider and determine the Trip Factor to be 4� 3.78. Where multiple water meters exist on the property, square footage will be distributed among the meters using the best available information. SECTION 8. BILLING AND COLLECTION OF FEE. The Street Maintenance Fee shall become effective January 1, 2014. Beginning January 1, 2014, fees will be billed and collected each month on the utility bill for each Benefitted Property. Payment is due upon receipt of the bill. The Utility Customer is responsible for apportionment of Fees to any person or persons leasing units of the Benefitted Property. SECTION 9. RECOVERY OF UNPAID FEE. The City may recover a Street Maintenance Fee that is not paid when due in an action at law. The City may discontinue utility services to a user who fails to pay the Fee when due. SECTION 10. STREET MAINTENANCE FUND. The City has created a special revenue fund known as the Street Fund. All fees collected by the City for the purpose of maintenance of the Street System shall be ORD#2 SMF(after 1st reading with Option E-per City Council at 6-19-13 workshop) 5 of 8 deposited in the Street Fund. It will not be necessary for the expenditures from the Fund to specifically relate to any particular property from which the fees were collected. The Director shall provide to the City Council an annual report of the Street Fund. Every year the Director shall provide City Council a report on the progress of the Street Preventative Maintenance Program (SPMP) and publish an updated three-year map of street candidates to be considered for the maintenance program. SECTION 11. RULES. The Director shall adopt rules necessary for the administration of this article and the Street Maintenance Fee. The Director shall be responsible for administration of this article; developing all rules and procedures necessary to administer all provisions of this article'. developing maintenance programs; and establishing Street System criteria and standards for the operation and maintenance of the Street System. SECTION 12. APPEALS. OF TRIP FAGT-QR The City shall adopt an appeals process by separate action of the City Council. If a G. ster mle.r believe—s;#h-a+ the Trim F=aGtGr assigRed tG -A RonofittP_d PFGPeFt y dAPS RAt �-rL�c-cr�c-drip--r-cxcsvra�an�rrczr-cv-zT V Cr�rcrrccca--r-r�v� may ppeal the Trip Canter under nudes and prnnedl..�established he flirentnr Tn anneal a Trip CaGtnr, a G atnmer m.at shn�ni that hosed! nn an ant..al nn..nt of nAntnr\/ehinle Trips the Trip Canter assig%dl to the Renefitted! Dreperty she,.Id! he rv�rvrvr-..,,c,,��crTTTra�c-rrip�, Ted�ed. The (`.c-vastvrn nnsihle fnr the nest of nn..ntinn MnP/ehinle Trips The Direr-ter shall adept rules fnr the adlministratinn of this sentinn innl..dlinn pn"a ham, 'Gf GG gMeter P/ehinle Trips A reduced fee under this section is prospective only. A Customer may not receive a refund resulting from a reduction under this section. SECTION 13. DISPOSITION OF FEES AND CHARGES. The fee paid and collected by virtue of this article shall not be used for the general or government proprietary purposes of the City, except to pay for the equitable share of the cost of accounting, management and government thereof. Other than as described above, the fees and charges shall be used solely to pay for the cost of operation, administration, planning, engineering, development of guidelines and controls, inspection, maintenance, repair, improvement, and renewal of the Street System and the costs incidental thereto. ORD#2 SMF(after 1st reading with Option E-per City Council at 6-19-13 workshop) 6 of 8 SECTION 14. LOW-INCOME DISCOUNT. A Customer who is eligible may apply for a discounted fee. A Customer shall provide proof of eligibility in accordance with the rules and procedures established by the Director. A Customer shall establish eligibility for a discounted fee on an annual basis. The Director shall adopt rules for the administration of this section, including acceptable methods for showing and determining eligibility for a low-income discount. A reduced fee under this section is prospective only. A Customer may not receive a refund resulting from a reduction or discount under this section. SECTION 15. EXEMPTIONS. This article does not apply to a city, county, state, federal agency or department, hospital district, publicly funded independent school district or charter school, public institution of higher education, or regional transit authority. SECTION 16. EFFECTIVE PERIOD. This Ordinance takes effect immediately upon its passage and continues for ten years. This Ordinance ceases to have effect ten years from date of its final passage, unless further Council action is taken to extend this Ordinance. SECTION 17. LIABILITY. This article does not create additional duties on the part of the City. This article does not waive the City's immunity under any law. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor ORD#2 SMF(after 1st reading with Option E-per City Council at 6-19-13 workshop) 7 of 8 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor ORD#2 SMF(after 1st reading with Option E-per City Council at 6-19-13 workshop) 8 of 8 TRIP FACTOR INDEX 6/19/2013 Based onITE Trip Generation Manual Ed. g Capped |TE Code Land Use Trip Factor Residential 1 Single Family Residential 1.00 2 Multi-family Residential 0.45 Non-Residential 1 440 Adult Cabaret 3.78 2 311 All Suites Hotel 1.03 3 640 Animal Hosp|taKVeterinaryC||nio 3.78 4 876 Apparel Store 3.78 5 879 Arts and Crafts Store 3.78 G 493 Athletic Club 3.78 7 948 Automated Car Wash 3.78 8 942 Automobile Care Center 1.92 8 943 Automobile Parts&Service Center 3.78 10 843 Automubi|ePodmSa/es 3.78 11 453 Automobile Racetrack 1.04 12 841 Automobile Sales 110 13 865 Baby Superstore 2.88 14 433 Batting Cages 3.78 15 872 Bed and Linen Superstore 3.78 16 868 Book Superstore 3.78 17 437 Bowling Alley 3.50 18 940 8read/Donut/Ba8e|Shop w/Drive-through Window 3.78 19 939 8nead/Dnnut/8agu|Shop w/o Drive-through Window 3.78 20 813 Building Materials and Lumber Store 3.78 21 312 Business Hotel 1.53 22 770 Business Park 1.00 24 566 Cemetery 8.20 25 580 Church 1.40 26 630 Clinic 2.95 27 937 Coffee/Donut Shop with Drive-through Window 3.78 28 938 Coffee/Donut Shop with Drive-through Window and no indoor o 3.78 29 936 Coffee/Donut Shop without Drive-through Window 3.78 38 021 Commercial Airport 3.78 31 811 Construction Equipment Rental Store 0.99 32 852 Convenience Market(Open 1S-16hours) 3.78 33 851 Convenience Market(Open 24Hours) 3.78 34 853 Convenience Market w/Gasoline Pumps 3.78 35 920 Copy, Print and Express Ship Store 3.78 36 714 Corporate Headquarters Building 0.84 37 160 Data Center 0.10 38 565 Day Care Center 3.78 39 876 Department Store 142 40 857 Discount Club 3.78 41 869 Discount Home Furnishing Superstore 2.31 42 854 Discount Supermarket 3.78 TRIP FACTOR INDEX 6/19/2013 Based on|T£Trip Generation Manual Ed.9 43 454 Dog Racetrack 1.02 44 925 Drinking Place 2.78 45 912 Drive-in Bank 3.78 46 896 DVD/Video Rental Store 3.78 47 863 Electronics Superstore 3.78 48 520 Elementary School 1.62 49 823 Factory Outlet Center 3.03 50 934 Fast-Food Restaurant w/Drive-through window 3.78 51 933 Fast-Food Restaurant w/o Drive-through window 3.78 Fast-food Restaurant with Drive-through Window and no 52 935 Indoor Seating 3.78 53 815 Free-Standing Discount Store 3.78 54 813 Free-Standing Discount Superstore 3.78 55 890 Furniture Store 0.53 56 817 Garden Center 8.78 57 944 Gaso|ine/Snn/iceStadon 3.78 58 945 Gasoline/Service Station w/cnnv. K4kt. 3.78 59 946 Gasoline/Service Station w/ounv. Mkt. &car wash 3.78 60 022 General Aviation Airport 0.77 61 120 General Heavy Industrial 0.16 62 110 General Light Industrial 0.56 63 710 General Office Building 0.89 64 890 Golf Course 0.20 65 432 Golf Driving Range 3.78 66 918 Hair Salon 3.23 67 816 Handwure/9a|n1Stome 3.78 58 492 Hea|tb/Fitnemx[/ub 3.21 69 538 High School 1.07 70 152 High-Cube Warehouse 0.15 71 932 High-Turnover(S|t-Dovvn) Restaurant 3.78 73 862 Home Improvement Superstore 3.78 73 610 Hospital 129 74 310 Hotel 1.66 75 130 Industrial Park 0.67 76 030 |ntermuda|Truck Terminal 0.79 77 540 ]un|or/Commun|tyCo||e8e 2.27 78 441 Live Theater 0.67 79 591 LodQe/Fraterna|OrQan|zat|on 3.78 80 140 Manufacturing 0.32 ' 81 410 Marina O.S7 82 897 Medical Equipment Store 0.63 83 720 Medical-Dental Office Building 2.89 84 522 Middle School/junior High School 1.45 85 431 Miniature Golf Course 1.18 86 151 Mini-Warehouse 0.25 87 562 Mosque 3.78 88 320 KXo{e| 1.18 TRIP/ 6/19/2013 Based wnyTE Trip Generation Manual Ed.9 89 443 Movie Theater w/o Matinee 8.78 80 444 Movie Theater with Matinee 3.78 91 445 Multiplex Movie Theater 3.78 92 435 Multipurpose Recreational Facility 3.35 93 680 Museum 0.52 94 818 Nursery(Wholesale) 3.04 95 620 Nursing Home 0.80 96 750 Office Park 0.80 97 867 Office Supply Superstore 3.40 98 866 Pet Supply Superstore 3.78 89 881 Pharmacy/Drugstore xv/Drive-through window 3.78 100 880 Pharmacy/Drugstore w/o Drive-through window 3.78 101 536 Private School(K-12) 3.78 102 534 Private School (K'Q) 3.78 103 831 Quality Restaurant 3.78 104 841 Quick Lubrication Vehicle Shop 3.78 105 491 Raoquet/TennisC[mb* 3.77 106 495 Recreational Community Center 2.90 107 842 Recreational Vehicle Sales 2.54 108 760 Research & Development Center 0.66 109 330 Resort Motel 0.71 110 947 Self-Service Car Wash 3.78 111 830 Shopping Center 3.78 212 715 Single Tenant Office Building 1.22 113 488 Soccer Complex 3.78 114 826 Specialty Retail Center 3.78 115 861 Sporting Goods Superstore 3.69 116 850 Supermarket . 2.78 117 561 Synagogue 1.33 118 490 Tennis Courts 0.08 119 848 Tire Store 2.61 120 849 Tire Superstore 2.09 121 864 Toy/[hi1dnen's5upentore 3.78 122 810 Tractor Supply Store 2.37 123 950 Truck Stop 3.78 124 814 Variety Store 3.78 125 911 Walk-in Bank 3.78 126 160 Warehousing 0.41 127 414 Water Slide Park 3.78 128 010 VVaterport/K8arfneTnrmina| 0.46 129 860 Wholesale Market 0.57 �g 0 AGENDA MEMORANDUM R UA �ss2 Emergency Ordinance for the City Council Meeting of June 25, 2013 DATE: June 14, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha cctexas.com (361) 826-3938 Acceptance of a grant from the Texas Department of Public Safety in the amount of$1,800,000 with a 25% match requirement to build a shelter at Calallen Independent School District. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas Department of Public Safety, Texas Division of Emergency Management, in the amount of $1,800,000 for Calallen ISD shelter project for the Texas Safe Shelter Initiative with a match of 25% to be provided by Calallen ISD per Interlocal Agreement; appropriating $1,800,000 from the Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund to be disbursed to Calallen ISD for reimbursement for design and construction costs for the shelter projects; authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Calallen ISD to establish terms for administration of the Hazardous Mitigation Grant Program for the Texas Safe Shelter Initiative; and declaring an emergency. PURPOSE: The City of Corpus Christi has been awarded a grant to be disbursed to Calallen Independent School District (ISD) to construct a safe shelter. The grant in the amount of $1,800,000 with a 25% match requirement will be used to construct a new stand-alone 20,000 square foot safe shelter on a field at the Calallen School District campus, located at 4001 Wildcat. Calallen ISD will be solely responsible for the costs, construction and maintenance of the shelter. The City will submit Calallen ISD's reimbursement packages under the grant terms to the Texas Division of Emergency Management for funds reimbursement on behalf of Calallen ISD and will distribute grant funds to ISD when received. The City and FEMA shall have use of the shelter as needed during inclement weather conditions and emergencies. ALTERNATIVES: If we don't accept the grant, the project will not go forward. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept grant. EMERGENCY INON-EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for"immediate action necessary for the efficient and effective administration of the city's affairs". This is a routine, non-controversial item. DEPARTMENTALCLEARANCES: Legal Finance — Grants and Office of Management and Budget. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance 2) Award Letters 3) Interlocal Agreement Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas Department of Public Safety, Texas Division of Emergency Management, in the amount of $1,800,000 for Calallen ISD shelter project for the Texas Safe Shelter Initiative with a match of 25% to be provided by Calallen ISD per Interlocal Agreement; appropriating $1,800,000 from the Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund to be disbursed to Calallen ISD for reimbursement for design and construction costs for the shelter projects; authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Calallen ISD to establish terms for administration of the Hazardous Mitigation Grant Program for the Texas Safe Shelter Initiative; and declaring an emergency. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $1,800,000 for the Calallen ISD shelter project for the Texas Safe Shelter Initiative. SECTION 2. That $1,800,000 for the Calallen ISD shelter project is appropriated from the Texas Department of Public Safety, Texas Division of Emergency Management, Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund for disbursement to Calallen ISD for reimbursement for design and construction costs for the shelter project. SECTION 3. The City Manager or his designee is authorized to execute an Interlocal Agreement between the City of Corpus Christi and Calallen ISD to establish terms for administration of the Hazardous Mitigation Grant Program for the Texas Safe Shelter Initiative. SECTION 4. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs, and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on June 25, 2013. Corpus Christi, Texas Day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Nelda Martinez Mayor Council Members The above ordinance was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott I TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD+BOX 4087•AUSTIN,TEXAS 78773-0001 toF Pu 5121424-2000 4� _X s www.dps.texas.gov .T STEVEN C.McGRAW COMMISSION DIRECTOR A.CYNTHIA LEON,CHAIR DAVID G.BAKER CARIN MARCY BARTH CHERYL MacBRIDE ADA BROWN DEPUTY DIRECTORS ALLAN B.POLUNSKY RANDY WATSON e? 272 81 . March 6, 2013 The Honorable Nelda Martinez f`vv Mayor,City of Corpus Christi 1201 Leopard St, IC21 r;) �li' .t0 Corpus Christi,Texas 78401 c1a ����, 4/, P {;7 Dear Mayor Martinez: The City of Corpus Christi funding request for the TSSI Safe Room project has been approved by FEMA and the State of Texas. This project is approved under the CFDA 97-039 Hazard Mitigation Grant Program (HMGP). Your jurisdiction qualified for this funding because you had a FEMA approved local mitigation plan. Your plan expires on November 5,2017. The project number is DR-1791-347 and should be used as a reference on all documents and correspondence. Under the terms of your application and the below listed conditions, the City of Corpus Christi is authorized to proceed with the construction of the community safe room identified in your application, The federal share award for this grant project is$1,800,000.00. The activities identified in this project application have been cleared under the National Environmental Policy Act (NEPA). The project location and description identified in the Record of Environmental Consideration (REC) are specific and no additional activities that have not been pre-identified, submitted, and FEMA approved can be considered. The State, as grantee, must ensure that all conditions of the REC and the FONSI are inct. (See enclosure 1) The effective date of the approval of this project is February 12, 2013. The Period of Performance(POP) is 24 months, requiring project completion by February 12, 2015 or sooner. If, due to extenuating circumstances, the project cannot be completed within this period, the sub-grantee must submit a POP extension request in writing 90 days prior to the project completion date of February 12,2015. You are required to submit a Quarterly Progress Report to this office no later than October 151',January 15"', April 15"`, and July 15"' of each year until the project is completed. Failure to submit reports or submitting a report with two consecutive quarters indicating no progress may result in your project funding being forfeited. A copy of the report format is enclosed for your use and may be reproduced as required. (See enclosure 2) The sub-grantee is required to keep complete records of all work, including but not limited to: receipts, canceled checks,job orders, contracts, equipment usage documentation, and payroll information. The sub- _ grantee is accountable to the State for all funds that are awarded. Requests for the reimbursement of expenses may be submitted as needed during the grant performance period. Payments will be made within 21-30 days after receipt of complete and accurate documentation. (See enclosure 3) EQUAL OPPORTUIVITYEMPLOYER COURTESY-SERVICE-PROTECTION Any contract for service associated with this project must be issued in accordance with local, State, and Federal laws. Contract material and labor costs must be specific and considered reasonable; "cost plus"type contracts are not be allowed. For any contract awarded, a copy of the contract will be forwarded to the State with the first quarterly report following award,along with a report from the Systems for Award Management ( littL)s://www.s,,iiii.gov/l)ortit/L)iiblic/SAM ) showing that the chosen contractor is not currently excluded. (See enclosure 4 As notification that the project has concluded and is ready for the final audit, the sub-grantee will submit the Certificate of Completion along with a final quarterly report containing a recap of all project expenditures, an elevation certificate,and certificate of occupancy. A chief elected official or his/her designated representative must sign this document. Final project payments will be made based upon the submission of the Certificate of Completion,final programmatic inspection,and the financial compliance review by our staff. A copy of the form is attached. (See enclosure 5) Before breaking ground,the sub-grantee must provide the State a copy of the final construction plans and specifications with a raised architect's seal, assuring that the safe room meets or exceeds the criteria outlined in"FEMA 361,Design and Construction Guidance for Community Safe Rooms"(Second Edition/August 2008), The State will have the plans peer reviewed and will issue air approval before the applicant may proceed with construction. In addition,the project must also comply with the additional State requirements contained in the"Texas Community Safe Room Policy Letter"dated December 2010. (See enclosure M Since you will receive over 5500,000.00 total funding from Federal programs during this Federal fiscal year, your will be required to provide the Texas Division of Emergency Management with a copy of your current annual audit,performed per OMB Circular No. A-133. Please contact our Disaster Program Auditor at(512) 424-7474 for further information on audit requirements.All HMGP grants are subject to Federal audit; therefore,all records must be maintained for three years from the date of project close out or,upon receipt of the final payment,whichever is later. If you have any questions or concerns please contact your state project officer,Michael Ku,at 512-424-2397 or via email at michael.ku(crdtrs.texas.g_ov Sincerely, itn Kidd,CE Assistant Director Texas Department of PUMC Safety Chief Texas Division of Emergency Management WNK: ink Enclosures: I -Record of Environmental Consideration and FONSI 2- Quarterly Progress Report For in 3-Pa}nnew Request For'nr 4-Excluded Parties List Verification Form S- Certificate q/'Compleflon 6---Texas Coninurnity Safe Rooin Poli ),Letter cc: Mr. Richie Quintero,Assistant Einergen y Management Coordinator, City of Corpus Christi INTERLOCAL COOPERATION AGREEMENT FOR COMMUNITY SHELTER CONSTRUCTION PROJECT This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, Texas ("City"), a municipal corporation and home-rule city of the State of Texas, acting by and through its governing body, the City Council, and the Calallen Independent School District("District")acting by and through its governing body,the Board of Trustees. RECITALS WHEREAS, District requests that City apply to the Texas Division of Emergency Management ("TDEM") of the Department of Public Safety for a federal grant under the Hazard Mitigation Grant Program ("HMGP") from the Federal Emergency Management Agency ("FEMA") of the United States Department of Homeland Security on behalf of District for a Community Shelter or Safe Room Construction Project("Project"); and WHEREAS, City agrees to apply to TDEM for the federal grant under the HMGP and distribute grant funds it receives on behalf of District; and WHEREAS, District agrees to comply with all terms and conditions of the grant, and in the event District fails to comply with the terms and conditions of the grant, loses or misuses the grant funds, District assures that the funds will be returned, in full,to TDEM and FEMA;and WHEREAS, District agrees to solely use the grant funds to construct a 20,000 square foot domed structure on District's property to be primarily used as a community shelter or safe room for protection during extreme wind events, and District is solely responsible for the costs, construction, and maintenance of the structure; and WHEREAS, District and City agree to formulate each Party's responsibilities and rights with respect to the Project. NOW,THEREFORE, in consideration of the mutual covenants in this Agreement, the participating local governments ("Parties"), authorized by appropriate actions of their governing bodies, hereby agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to formulate the responsibilities and rights of District and City with respect to the application for and administration of a federal grant that is to be solely used by District to construct a domed structure on District's property primarily for use as a community shelter or safe room for protection during extreme wind events. SECTION 2. CITY SCOPE OF SERVICES AND RIGHTS. a) City will apply to TDEM for the federal grant under the HMGP from FEMA. b) City will submit District's Requests for Payment, under the grant terms, to TDEM for grant funds reimbursement on behalf of District. c) City will distribute to District grant funds it receives from TDEM on behalf of District within fifteen(15)days. d) City will be allowed, upon request, to inspect or audit District's records, documents, accounting books and methods to insure that grant funds are not lost or misused and to insure District complies with all terms and conditions of the grant. e) The City will create and submit the required Shelter Operation and Management Plan to TDEM for FEMA approval. f) City shall have use of the structure as needed during extreme wind events. SECTION 3. DISTRICT SCOPE OF SERVICES AND RIGHTS. a) District, its contractors and subcontractors shall comply with all terms and conditions of the grant and all applicable codes and ordinances. b) District is solely responsible for managing the grant funds it receives. C) District shall supervise and construct Project, using grant and District's funds, on District's property for primary use as a community shelter or safe roomduring extreme wind events under an approved City and District Memorandum of Understanding ("MOU") user's agreement. District may contract services under this Agreement. However,District shall remain solely responsible for the performance of its obligations under this Agreement. District shall be responsible for all payments to contractors and subcontractors. d) District shall expend funds to construct Project and then submit Requests for Payment under the grant. District shall provide all funds necessary to cover the costs of constructing Project to the extent such costs exceed the amount of approved grant funds. District shall provide funds necessary to cover the costs of operating and maintaining the community shelter or safe room once construction is completed. City is not obligated in any way to fund or construct Project under this Agreement. e) District shall return grant funds to TDEM and FEMA if it fails to comply with the terms and conditions of the grant, or if it loses or misuses grant funds. The District is fully responsible for all funds due to TDEM or FEMA for failure to comply with HMGP or TSSI Safe Room Project rules and regulations. f) District is responsible for the twenty five percent (25%) matching funds including in-kind match required under the grant. The City is not responsible for any matching funds. g) District shall submit Requests for Payment under the grant terms to the City to request reimbursement of funds from TDEM on behalf of District. Page 2 of 9 h) District shall maintain accurate and adequate records to establish compliance with this Agreement and the terms and conditions of the federal grant. i) District shall grant access to City, as well as applicable state and federal agencies, to all paper and electronic records, books, documents, accounting procedures,practices and any other items relevant to the performance of this Agreement for the purposes of inspecting, auditing and/or copying such books and records. District shall provide copies and printouts requested by City,TDEM and FEMA without charge. District's records, whether paper or electronic, shall be made available during regular office hours. j) District shall have the exclusive right to use the structure for school purposes at all times that the structure is not being used for emergency shelter. SECTION 4. FUNDS AND PAYMENT. Each Parry which performs services under this Agreement shall do so with currently available funds. SECTION 5. NO THIRD PARTIES BENEFIT. This Agreement, and all activities under this Agreement, is solely for the benefit of Parties and not for the benefit of any third party, except for TDEM and FEMA. SECTION b. INTERLOCAL COOPERATION ACT. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. This Agreement is made under chapter 791 of the Texas Government Code. SECTION 7. IMMUNITY NOT WAIVED. Nothing in this Agreement, including the execution and performance of the covenants contained in this Agreement, is intended to or may constitute a waiver or limitation of any governmental, official, or other immunity, defense, or other protection afforded under state and federal law to either Party or its officers, employees, representatives, and agents. SECTION 8. LIABILITY. In no event shall City, District, TDEM, FEMA, their respective employees, officers, representatives, or agents be liable to the other parties or any person at any time for any special, incidental, or consequential damages, arising from breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory, even if the other parties have been advised of the possibility of such damages. SECTION 10. INSURANCE. Page 3 of 9 The District, at its sole cost and expense, shall obtain and maintain insurance as described in attached Exhibit A, including commercial general liability insurance and professional liability insurance coverage in amount described in Exhibit A. The District, at its discretion, may choose to self-insure and a letter of self-insurance is required to be filed with City. District shall ensure that its contractor(s) maintain the types and amounts of insurance listed on Exhibit A (except that District's contractor is not required to maintain professional liability coverage.) SECTION 11. TERM OF AGREEMENT. This Agreement shall begin on the final date of execution by all Parties and shall continue until the grant term expires or for a term of two (2) years, whichever comes first. The following terms shall survive termination or expiration of this Agreement without limitation and remain in full force and effect: a)The structure built using the federal grant ("Hazard Mitigation Grant Program") funds shall be used primarily as a community shelter or safe room during inclement weather and emergencies; b) District shall provide funds to cover the costs of operating and maintaining the community shelter or safe room; c)The liability section; d) City, state and federal agencies access and ability to inspect and audit the record keeping, reporting, and accounting of grant funds; and SECTION 12. AMENDMENTS TO AGREEMENT. Unless otherwise provided herein, this Agreement may only be amended by written instrument duly executed on behalf of each party. The City authorizes the City Manager and the District authorizes the Superintendent to execute subsequent amendments, limited to non-substantive modifications that do not require the appropriation of funds, without further approval from the governing body. SECTION 13. NOTICES. All notices required or permitted hereunder shall be in writing and shall be deemed properly delivered when actually received or, if earlier, on the seventh (7th) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested), addressed to the respective other Party at the address prescribed below, or at such other address as the receiving Party may have theretofore prescribed by notice to the sending Party: City: District: City of Corpus Christi Calallen ISD Attn: City Manager Attn: Superintendent of Schools Post Office Box 9277 4205 Wildcat Drive Corpus Christi,Texas 78469-9277 Corpus Christi, TX. 78410 Page 4 of 9 SECTION 14. ENTIRE AGREEMENT. This Agreement, representing the entire agreement between Parties, supersedes any and all prior agreements between Parties, whether written or oral, relating to the subject matter of this Agreement. No officer or employee of either Party may waive or otherwise modify the limitations in this Agreement without the express action of the governing body of the Party or its duly authorized agents. SECTION 15. SEVERABILITY. In the event any term, covenant, or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant, or condition herein contained,provided that such invalidity does not materially prejudice either City or District in their respective rights and obligations contained in the valid terms, covenants, or conditions hereof. To this end, the remaining terms, covenants, and conditions hereof are severable and continue in full force and effect. SECTION 16. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect the validity or enforceability of any provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations. As so modified,this Agreement continues in full force and effect. SECTION 17. LAWS AND VENUE. City and District shall comply with all federal, state, county, and local laws, ordinances, rules, and regulations applicable to this Agreement and each Party's respective performance thereunder. This Agreement shall be interpreted according to Texas laws governing the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas and be in accordance with the Texas Rules of Civil Procedure. SECTION 18. CAPTIONS. Captions to provisions of this Agreement are solely for convenience and shall not be considered in the interpretation of any provision. SECTION 19. NON-ASSIGNMENT. District shall not assign or transfer, in whole or in part, directly or indirectly, any of its rights or obligations hereunder without the prior written consent of City, and any attempt of assignment or transfer without such consent shall be void. However,this Agreement is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. Page 5 of 9 SECTION 20.WARRANTY. This Agreement has been officially authorized by the governing body of each Party. Each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to the Agreement. [Signatures on next page.] Page 6 of 9 CITY OF CORPUS CHRISTI CALALLEN INDEPENDENT SCHOOL DISTRICT Ronald L. Olson (Date) Paul Peeler (Date) City Manager President, School Board of Trustees ATTEST: Armando Chapa (Date) Arturo Almendarez,Ed. D. (Date) City Secretary Superintendent, APPROVED AS TO FORM: Buck Brice (Date) Assistant City Attorney For City Attorney Page 7 of 9 EXHIBIT A INSURANCE REQUIRMENTS A. Public Entity must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. B. Public Entity must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE COMMERCIAL GENERAL LIABILITY $500,000 Per Occurrence including: 1. Broad Form 2. Products/Completed Operations 3. Contractual Liability 4. Independent Contractors 5. Personal Injury/Advertising Injury PROFESSIONAL LIABILITY including: $300,000 per claim/$500,000 aggregate Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions C. Public Entity's financial integrity is of interest to the City; therefore, shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Public Entity'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. D. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Public Entity 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. All notices under this Article shall be given to City at the following address: Page 8 of 9 City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 E. Public Entity agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. 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. ii. 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; iii. 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. F. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Public Entity shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Public Entity'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. G. Without waiving the Public Entity's sovereign or governmental immunity and to the extent permitted by the Constitution and laws of the State of Texas, nothing herein contained shall be construed as limiting in any way the extent to which the Public Entity may be held responsible for payments of damages to persons or property resulting from Public Entity's or its subcontractors' performance covered under this agreement. H. It is agreed that Public Entity'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 contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2013 Fire Department Inter local Agreement-FEMA Grant Submission 6-10-2013 djs Risk Management Page 9 of 9 v AGENDA MEMORANDUM Co POR O ... 1852 Emergency Ordinance for the City Council Meeting of June 25, 2013 DATE: June 14, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826-3932 Acceptance of a grant from the Texas Department of Public Safety in the amount of$1,800,000 with a 25% match requirement to build a shelter at Del Mar College West Campus. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas Department of Public Safety, Texas Division of Emergency Management, in the amount of $1,800,000 for Del Mar College shelter project for the Texas Safe Shelter Initiative with a match of 25% to be provided by Del Mar College per Interlocal Agreement; appropriating $1,800,000 from the Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund to be disbursed to Del Mar College for reimbursement for design and construction costs for the shelter projects; and authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Del Mar College to establish terms for administration of the Hazardous Mitigation Grant Program for the Texas Safe Shelter Initiative; and declaring an emergency. PURPOSE: The City of Corpus Christi has been awarded a grant to be disbursed to Del Mar College to construct a safe shelter. The grant in the amount of $1,800,000 with a 25% match requirement will be used to construct a new stand-alone 20,000 square foot safe shelter on a field at the Del Mar College West Campus, located at 4101 Old Brownsville Road. Del Mar College will be solely responsible for the costs, construction, and maintenance of the shelter. The City will submit Del Mar College's reimbursement packages under the grant terms to the Texas Division of Emergency Management for funds reimbursement on behalf of Del Mar College and will distribute grant funds to Del Mar College when received. The City and FEMA shall have use of the shelter as needed during inclement weather conditions and emergencies. ALTERNATIVES: If we don't accept the grant, the project will not go forward. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept grant. EMERGENCY INON-EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for"immediate action necessary for the efficient and effective administration of the city's affairs". This is a routine, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance— Grants and Office of Management and Budget. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date. Fiscal Year: 2012- Expenditures 2013 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance 2) Award Letters 3) Interlocal Agreement Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas Department of Public Safety, Texas Division of Emergency Management, in the amount of $1,800,000 for Del Mar College shelter project for the Texas Safe Shelter Initiative with a match of 25% to be provided by Del Mar College per Interlocal Agreement; appropriating $1,8.00,000 from the Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund to be disbursed to Del Mar College for reimbursement for design and construction costs for the shelter projects; authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Del Mar College to establish terms for administration of the Hazardous Mitigation Grant Program for the Texas Safe Shelter Initiative; and declaring an emergency. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $1,800,000 for the Del Mar College shelter project for the Texas Safe Shelter Initiative. SECTION 2. That $1,800,000 for the Del Mar College shelter project is appropriated from the Texas Department of Public Safety, Texas Division of Emergency Management, Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund for disbursement to Del Mar College for reimbursement for design and construction costs for the shelter project. SECTION 3. The City Manager or his designee is authorized to execute an Interlocal Agreement between the City of Corpus Christi and Del Mar College to establish terms for administration of the Hazardous Mitigation Grant Program for the Texas Safe Shelter Initiative. SECTION 4. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on June 25, 2013. Corpus Christi, Texas Day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an . emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Vwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Nelda Martinez Mayor Council Members The above ordinance was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott .z TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD•BOX 4087.AUSTIN,TEXAS 7a77"001 5121424-2000 wwvy,dns.texas,gel 49 a STEVEN C.McCRAW COMMMSION DIRECTOR A.CYNTHIA LEON,CHAIR DAVID G.BAKER CARIN MARCY BARTH _ CHERYL MaOBRIDE ADA BROWN DEPUTY DIRECTORS AU.AN B.POLUNSKY � ��� RANDY WATSON February 19,2013 ! ' The Honorable Nelda Martinez Mayor,City of Corpus Christi 1201 Leopard St. Corpus Christi,Texas 78441 � �'� Dear Mayor Martinez: =s�The City of Corpus Christi funding request for the TSSI Safe Room project has been approved by FEMA and the State of Texas. This project is approved under the CFDA 97-039 Hazard Mitigation Grant Program (HMGP). Your jurisdiction qualified for this funding because you had a FEMA approved local mitigation plan. Your plan expires on November 5,2017. The project numbdr is DR-1791-346 and should be used as a reference on all documents and correspondence. Under the terns of your application and the below listed conditions, the City of Corpus Christi is authorized to proceed with the construction of the community safe room identified in your application. The federal share award for this grant project is$1,800,000.00. The activities identified in this project application have been cleared under the.National Environmental Policy Act (NEPA), The project location and description identified in the Record of Environmental Consideration (REC) are specific and no additional activities that have not been pre-identified, submitted, and FEMA approved can be considered. The State, as grantee, must ensure that all conditions of the REC and the FONSI are met. (See enclosure,l) The effective date of the approval of this project is January 3, 2013. The Period of Performance(POP)is 24 months,requiring project completion by January 3, 2015 or sooner. If,due to extenuating circumstances,the project cannot be completed within this period, the sub-grantee must submit a POP.extension request in writing 90 days prior to the project completion date of January 3,2015. You are required.to submit a Quarterly Progress Report to this office no later than October 150t,January 150i, April 150i,and July 150'of each year until the projectis completed. Failure to submit reports or submitting a report with two consecutive quarters indicating no progress may result in your project funding being forfeited. A copy of the report format is enclosed for your use and may be reproduced as required. (See enclosure 2 The sub-grantee is required to keep complete records of all work, including but not limited to: receipts, canceled checks,job orders, contracts, equipment usage documentation, and payroll information, The sub- grantee is accountable to the State for all funds that are awarded. Requests for the reimbursement of expenses may be submitted as needed during the grant performance period, Payments will be made within 21-30 days after receipt of complete and accurate documentation. (See enclosure } E=L OPPORTUA47YEMPLOYER COURTESY•SERVICE-PROTECT{ON Any contract for service associated with this project must be issued in accordance with local, State, and Federal laws. Contract material and labor costs must be specific and considered reasonable; "cost plus"type contracts are not be allowed. For any contract awarded,a copy of the contract will be forwarded to the State with the first quarterly report following award, along with a report from the Systems for Award Management (bfts://www.sam.ggylg grW/public/SAM)showing that the chosen contractor is not currently excluded. (See enclosure 4 As notification that the project has concluded and is ready for the final audit,the sub-grantee will submit the Certificate of Completion along with a final quarterly report containing a recap of all project expenditures,an elevation certificate, and certificate of occupancy. A chief elected official or his/her designated representative must sign this document. Final project payments will be made based upon the submission ofthe Certificate of Completion,final programmatic inspection,and the financial compliance review by our staff. A copy of the form is attached.(See enclosure 5) Before breaking ground,the sub-grantee must provide the State a copy of the final construction plans and specifications with a raised architect's seal,assuring that the safe room meets or exceeds the criteria outlined in"FEMA 361,Design and Construction Guidance for Community Safe Rooms"(Second Edition/August 2008). The State will have the plans peer reviewed and will issue an approval before the applicant may proceed with construction. In addition,the project must also comply with the additional State requirements contained in the"Texas Community Safe Room Policy Letter" dated December 2010. (See enclosure 0 Since you will receive over$500,000.00 total funding from Federal programs during this Federal fiscal year,you will be required to provide the Texas Division of Emergency Management with a copy of your current annual audit,performed per OMB Circular No.A-133. Please contact our Disaster Program Auditor at(S 12)424-7474 for further information on audit requirements.All HMGP grants are subject to Federal audit;therefore,all records must be maintained for three years from the date of project close out or,upon receipt of the final payment,whichever is later. If you have any questions or ooncerns please contact your state project officer,Michael t%u,at 512-424-2397 or via email at miehael In a dvs.texas.eav Sincerely, W.N' Kidd,CE Assistant Director Texas Department of Public Safety Chief Texas Division of Emergency Management WNK:mk Enclosarres: 1-Record of Environmental Consideration and FONS7 2-Quarterly Progress Report Form 3-Payment Request Form 4-Exchrded Parties List Ver(ficadon Form 5-Certicate of Completion 6--Texas Community Safe Room Policy Letter CC.' Mr,RicJe.Quintero,Assistant Emergency Management Coordinator, City of Corpus Christi INTERLOCAL COOPERATION AGREEMENT FOR COMMUNITY SHELTER CONSTRUCTION PROJECT This Interlocal Cooperation Agreement("Agreement") is entered into by and between the City of Corpus Christi, Texas ("City"), a municipal corporation and home-rule city of the State of Texas, acting by and through its governing body, the City Council, and the Del Mar College (College), a political subdivision of the State of Texas, acting by and through its governing body, the Board of Regents. RECITALS WHEREAS, College requests that City apply to the Texas Division of Emergency Management ("TDEM") of the Department of Public Safety for a federal grant ("Hazard Mitigation Grant Program") from the Federal Emergency Management Agency ("FEMA") of the United States Department of Homeland Security on behalf of College for a Community Shelter or Safe Room Construction Project(Project'); and WHEREAS, City agrees to apply to TDEM for the federal grant ("Hazard Mitigation Grant Program") and distribute grant funds it receives on behalf of College; and WHEREAS, College agrees to comply with all terms and conditions of the grant including assurances, and in the event College fails to comply with the terms and conditions of the grant, losses or misuses the grant funds, College assures that the funds will be returned, in full, to TDEM and FEMA; and WHEREAS, College agrees to solely use the grant funds to construct a 20,000 square foot structure on College's property to be primarily used as a community shelter or safe room during inclement weather conditions and emergencies, and College is solely responsible for the costs, construction, maintenance of Project; and WHEREAS, College and City agree to formulate each Party's responsibilities and rights with respect to Project. NOW, THEREFORE, in consideration of the mutual covenants in this Agreement, the participating local governments ("Parties"), authorized by appropriate actions of their governing bodies, hereby agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is-to formulate the responsibilities and rights of College and City with respect to the application for and administration of a federal grant that is to be solely used by College to construct a structure on College's property primarily for use as a community shelter or safe room during inclement weather conditions and emergencies. City shall have use of the structure as needed during inclement weather conditions and emergencies. SECTION 2. CITY SCOPE OF SERVICES AND RIGHTS. a) City will apply to TDEM for the federal grant ("Hazard Mitigation Grant Program")from FEMA. b) City will submit College's reimbursement packages, under the grant terms, to TDEM for grant funds reimbursement on behalf of College. c) City will distribute to College grant funds it receives from TDEM on behalf of College. d) City will be allowed, upon request, to inspect or audit College's records, documents, accounting books and methods to insure that grant funds are not lost or misused and to insure College complies with all terms and conditions of the grant. SECTION 3. COLLEGE SCOPE OF SERVICES AND RIGHTS. a) College, its contractors and subcontractors shall comply with all terms and conditions of the grant, including assurances, and all applicable codes and ordinances. b) College is solely responsible for managing the grant funds it receives. c) College shall supervise and construct Project, using grant and College's funds, on College's property for primary use as a community shelters or safe rooms during inclement weather conditions and emergencies under an approved City and College MOU user's agreement. College may contract services under this Agreement. However, College shall remain solely responsible for the performance of its obligations under this Agreement. College shall be responsible for all payments to contractors and subcontractors. d) College shall expend funds to construct Project and then request reimbursement under the grant. College shall provide all funds necessary to cover the costs of constructing Project to the extent such costs exceed the amount of approved grant funds. College shall provide funds necessary to cover the costs of operating and maintaining the community shelter or safe room once construction is completed. City is not obligated in any way to fund or construct Project under this Agreement. e) College shall return grant funds to TDEM and FEMA if it fails to comply with the terms and conditions of the grant, or if it loses.or misuses grant funds. The College is fully responsible for all funds due to TDEM or FEMA for failure to comply with HMGP,TSSI Safer Room Project rules and regulations. f) College is responsible for the 25% match including in kind match required under the grant. The City is not.responsible for-any matching funds. g) College shall submit reimbursement packages under the grant terms which include, but not limited to, invoices and canceled checks, to City to request reimbursement of funds from TDEM on behalf of College. Page 2 of 8 h) College shall maintain accurate and adequate records to establish compliance with this Agreement and the'terms and conditions of the federal grant. i) College shall grant access to City, as well as applicable state and federal agencies, to all paper and electronic records, books, documents, accounting procedures, practices and any other items relevant to the performance of this Agreement for the purposes of inspecting, auditing and/or copying such books and records. College shall provide copies 'and printouts requested by City, TDEM and FEMA without charge. College's records, whether paper or electronic, shall be made available during regular office hours'. j) College shall have the exclusive right to use the facilities for school purposes at all times that the facilities are not being used for emergency shelter. SECTION 4. FUNDS AND PAYMENT. Each Party which performs services under this Agreement shall do so with funds available from its current revenues. SECTION 5. NO THIRD PARTIES BENEFIT. This Agreement, and all activities under this Agreement, is solely for the benefit of Parties and not for the benefit of any third party, except for TDEM and FEMA. SECTION 6. INTERLOCAL COOPERATION ACT. The Parties agree that activities'contemplated by this Agreement are "governmental functions and services" and that Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. This Agreement is made under chapter 791 of the Texas Government Code. SECTION 7. IMMUNITY NOT WAIVED. Nothing in this Agreement, including the execution and performance of the covenants contained in this Agreement, is intended to or may constitute a waiver or limitation of any governmental, official, or other immunity, defense, or other protection afforded under state and federal law to either Party or its officers, employees, representatives, and agents. SECTION S. LIABILITY. In no event shall City, TDEM, FEMA, its employees, officers, representatives, or agents be liable to College or any person at any time for any special, incidental, or consequential damages, arising from breach'of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory, even if City, TDEM, or FEMA has been advised of the possibility of such damages. SECTION 10. INSURANCE. Page 3 of 8 4 The College, at its sole cost and expense, shall obtain and maintain insurance as described in attached Exhibit A, including commercial general liability insurance and professional liability insurance coverage in amount described in Exhibit A. The College, at its discretion, may choose to self-insure and a letter of self-insurance is required to be filed with City. College shall ensure that its contractor(s) maintain the types and amounts of insurance listed on Exhibit A(except that College's contractor is not required to maintain professional liability coverage.) SECTION 11. TERM OF AGREEMENT. This Agreement shall begin on the final date of execution by all Parties and shall continue until the grant term expires or for a term of two (2) years,whichever comes first. The following terms shall survive termination or expiration of this Agreement without limitation and remain in full force and effect: a) The structure built using the federal grant ("Hazard Mitigation Grant Program") funds shall be used primarily as a community shelter or safe room during inclement weather and emergencies; b) College shall provide funds,to cover the costs of.operating and maintaining the community shelter or safe room; c) The liability;and 'indemnity sections; d) City, state and federal agencies access and ability to inspect and audit the record keeping, reporting, and accounting of grant funds; SECTION 12. AMENDMENTS TO AGREEMENT. Unless otherwise provided herein, this Agreement may only be amended by written instrument duly executed on behalf of each party. The City authorizes the City Manager and the College authorizes the Superintendent to execute subsequent amendments, limited to non-substantive modifications that do not require the appropriation of funds, without further approval from the governing body. SECTION 13. NOTICES. All notices required or permitted hereunder shall be in writing and shall be deemed properly delivered when actually received or, if earlier, on the seventh (7`h) day following deposit in a United States Postal. Service post office or receptacle with proper postage affixed (certified mail, return receipt requested), addressed to the respective other Party at the address prescribed below, or at such other address as the receiving Party may have theretofore prescribed by notice to the sending Party: City: College: City of Corpus Christi Del Mar College Attn: City Manager Attn: President Post Office Box 9277. 101 Baldwin Boulevard Corpus Christi, Texas 78469-9277 Corpus Christi,TX 78404 Page 4 of 8 SECTION 14. ENTIRE AGREEMENT. This Agreement, representing the entire agreement between Parties, supersedes any and all prior agreements between Parties, whether written or oral, relating to the subject matter of this Agreement. No officer or employee of either Party may waive or otherwise modify the limitations in this Agreement without the express action of the governing body of the Party or its duly authorized agents. SECTION 15. SEVERABILITY. In the event any term, covenant, or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant, or condition herein contained,provided that such invalidity does not materially prejudice either City or College in their respective rights and obligations contained in the valid terms, covenants, or conditions hereof. To this end, the remaining terms, covenants, and conditions hereof are severable and continue in full force and effect. SECTION 16. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect the validity or enforceability of any provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations. As so modified,this Agreement continues in full force and effect. SECTION 17. LAWS AND VENUE. City and College shall comply with all federal, state, county, and local laws, ordinances, rules, and regulations applicable to.this Agreement and each Party's respective performance thereunder. This Agreement shall be interpreted according to Texas laws governing the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas and be in accordance with the Texas Rules of Civil Procedure. SECTION 18. CAPTIONS. Captions to provisions of this Agreement are solely for convenience and shall not be considered in the interpretation of any provision. SECTION 19. NON-ASSIGNMENT. College shall not assign or transfer,in whole or in part, directly of indirectly, any of its rights or obligations hereunder without the prior written consent of City, and any attempt of assignment or transfer without such consent shall be void. However, this Agreement is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. Page 5 of 8 ........ ...... SECTION 20. WARRANTY. This Agreement has been officially authorized by the governing body of each Party. Each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to the Agreement. CITY OF CORPUS CHRISTI DEL MAR COLLEGE Ronald L. Olson (Date) Trey McCampbell (Date) City Manager Chair, Del Mar College Board of Regents Mark Escamilla,Ph. D. (Date) President, Del Mar College ATTEST: Armando Chapa (Date) City Secretary APPROVED AS TO FORM: Buck Brice (Date) . Assistant City Attorney For City Attorney Page 6 of 8 EXHIBIT A INSURANCE REQUIRMENTS A. Public Entity must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. B. Public Entity must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE COMMERCIAL GENERAL LIABILITY $500,000 Per Occurrence including: 1. Broad Form 2. Products/Completed Operations 3. Contractual Liability 4. Independent Contractors 5. Personal Injury/Advertising Injury PROFESSIONAL LIABILITY including: $300,000 per claim I$500,000 aggregate Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions C. Public Entity's financial integrity is of interest to the City; therefore, shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Public Entity'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 legs than A-VII. D. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Public Entity 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. All notices under this Article shall be given to City at the following address: Page 7 of 8 City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax (361) 826-4555 E. Public Entity agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: L 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. ii. 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; iii. 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. F. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Public Entity shall provide a replacement Certificate of Insurance and applicable endorsements. to City. City,shall have'the option to suspend Public Entity'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. G. Nothing herein contained shall be construed as limiting in any way the extent to which the Public Entity may be held responsible for payments of damages to persons or property resulting from Public Entity's or its subcontractors' performance covered under this agreement. H. It is agreed that Public Entity'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 contract. . I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2013 Fire Department Inter local Agreement-FEMA Grant Submission 6-10-2013 djs Risk Management Page 8of8 O AGENDA MEMORANDUM N00 poll 1852 Emergency Ordinance for the City Council Meeting of June 25, 2013 DATE: June 14, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826-3938 Acceptance of two grants from the Texas Department of Public Safety in the amount of 1,800,000 and $1,080,000 with a 25% match requirement to build two shelters at Tuluso-Midway ISO. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas Department of Public Safety, Texas Division of Emergency Management, in the amounts of $1,800,000 for Tuloso-Midway ISD shelter project at the High School and $1,080,000 for the Tuloso-Midway ISD project at the intermediary school for the Texas Safe Shelter Initiative with a match of 25% to be provided by Tuloso-Midway ISD per Interlocai Agreement; appropriating $1,800,000 and $1,080,000 from the Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund to be disbursed to Tuloso-Midway ISD for reimbursement for design and construction costs for the shelter projects; and authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Tuloso-Midway ISD to establish terms for administration of the Hazardous Mitigation Grant Program for the Texas Safe Shelter Initiative; and declaring an emergency. PURPOSE: The City of Corpus Christi has been awarded two grants to be disbursed to Tuluso-Midway Independent School District (ISD) to construct safe shelters. One grant in the amount of $1,800,000 with a 25% match requirement will be used to construct a new stand-alone 20,000 square foot safe shelter on a field at the Tuloso High School campus, located at 2653 McKinzie. The second grant in the amount of $1,080,000 with a 25% match requirement will be used to construct a new stand-alone 12,000 square foot safe shelter on a field at the Tuloso-Midway Intermediate School campus, located at 1921 Overland trail. Tuloso ISD will be solely responsible for the costs, construction and maintenance of the shelters. The City will submit Tuloso ISO's reimbursement packages under the grant terms to the Texas Division of Emergency Management for funds reimbursement on behalf of Tuloso- Midway ISD and will distribute grant funds to ISD when received. The City and FEMA shall have use of the shelters as needed during inclement weather conditions and emergencies. ALTERNATIVES: If we don't accept the grant, the project will not go forward. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept grant. EMERGENCY INON-EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for"immediate action necessary for the efficient and effective administration of the city's affairs". This is a routine, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance —Grants and Office of Management and Budget. FINANCIAL IMPACT: ❑ Operating o Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance 2) Award Letters 3) Interlocal Agreement CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: June 25, 2013 Agenda Item: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas Department of Public Safety, Texas.Division of Emergency Management, in the amounts of $1,800,000 for Tuloso-Midway ISD shelter project at the High School and $1,080,000 for the Tuloso-Midway ISD project at the intermediary school for the Texas Safe Shelter Initiative with a match of 25% to be provided by Tuloso-Midway ISD per Interlocal Agreement; appropriating $1,800,000 and $1,080,000 from the Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund to be disbursed to Tuloso-Midway ISD for reimbursement for design and construction costs for the shelter projects; and authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Tuloso-Midway ISD to establish terms for administration of the Hazardous Mitigation Grant Program for the Texas Safe Shelter Initiative; and declaring an emergency. Amount Required: 2,880,000 Fund Name Account No. Fund No. Org. No. Project No. Amount Fire Grants Fund 1062 $1,800,00 Fire Grants Fund 1062 1,080,000 Total $2,880,000 ❑ Certification Not Required Director of Financial Services Date: Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas Department of Public Safety, Texas Division of Emergency Management, in the amounts of $1,800,000 for Tuloso-Midway ISD shelter project at the High School and $1,080,000 for the Tuloso-Mldway ISD project at the intermediary school for the Texas Safe Shelter Initiative with a match of 25% to be provided by Tuloso-Midway ISD per Interlocal Agreement; appropriating $1,800,000 and $1,080,000 from the Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund to be disbursed to Tuloso-Midway ISD for reimbursement for design and construction costs for the shelter projects; authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Tuloso-Midway ISD to establish terms for administration of the Hazardous Mitigation Grant Program for the Texas Safe Shelter Initiative; and declaring an emergency. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amounts of $1,800,000 for the Tuloso- Midway ISD shelter project at the High School and $1,080,000 for the Tuloso-Midway ISD shelter project at the intermediary school for the Texas Safe Shelter Initiative. SECTION 2. That $1,800,000 for the Tuloso-Midway ISD shelter project at the High School and $1,080,000 for the Tuloso-Midway ISD project is appropriated from the Texas Department of Public Safety, Texas Division of Emergency Management, Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund for disbursement to Tuloso-Midway ISD for reimbursement for design and construction costs for the shelter projects. SECTION 3. The City Manager or his designee is authorized to execute an Interlocal Agreement between the City of Corpus Christi and Tuloso-Midway ISD to establish terms for administration of the Hazardous Mitigation Grant Program for the Texas Safe Shelter Initiative. SECTION 4. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on June 25, 2013. Corpus Christi, Texas Day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Nelda Martinez Mayor Council Members The above ordinance was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD•BOX 4087.AUSTIN,TEXAS 78773-0001 OR OF Pu, 512/424-2000 *TAj www.dps.texas.gov" ' .. STEVEN C.McCRAW COMMISSION DIRECTOR A.CYNTHIA LEON,CHAIR DAVID 0.BAKER CAMN MARCY BARTH CHERYL MaceRIOP ADA BROWN DEPUTY DIRECTORS �`: �, } ALLAN B.POLUNSKY "t), RANDY WATSON March G, 2013 ; The Honorable Nelda Martinez 0% t:; Mayor,City of Corpus Christi 1201 Leopard St. Corpus Christi,Texas 78401 ��� Dear Mayor Martinez: The City of Corpus Christi funding request for the TSSI Safe Room project has been approved by FEMA and the State of Texas. This project is approved under the CFDA 97-039 Hazard Mitigation Grant Program (HMGP). Your jurisdiction qualified for this funding because you had a FEMA approved local mitigation plan. Your plan expires on November 5,2017. The project number is DR-1791-348 and should be used as a reference on all documents and correspondence. Under the terms of your application and the below listed conditions, the City of Corpus Christi is authorized to proceed with the construction of the community safe room identified in your application. The federal share award for this grant project is 51,800,000.00. The activities identified in this project application have been cleared under the National Environmental Policy Act (NEPA). The project location and description identified in the Record of Environmental Consideration (REC) are specific and no additional activities that have not been pre-identified, submitted, and FEMA approved can be considered. The State, as grantee, must ensure that all conditions of the RI C and the FONSI are met. (See enclosure 1) The effective date of the approval of this project is February 12 2011 The Period of Performance (POP) is 24 months, requiring project completion by February 12, 2015 or sooner. If, due to extenuating circumstances, the project cannot be completed within this period, the sub-grantee must submit a POP extension request in writing 90 days prior to the project completion date of February 12,2015. You are required to submit a Quarterly Progress Report to this office no later than October 15"',January 1511`, April 15"',and July 15"i of each year until the project is completed, Failure to submit reports or submitting a report with two consecutive quarters indicating no progress may result in your project funding being forfeited. A copy of the report format is enclosed for your use and may be reproduced as required. (See enclosure 2) The sub-grantee is required to keep complete records of all work, including but not limited to: receipts, canceled checks,job orders, contracts, equipment usage documentation, and payroll information. The sub- grantee is accountable to the State for all funds that are awarded. Requests for the reimbursement of expenses may be submitted as needed during the grant performance period. Payments will be made within 21-30 days after receipt of complete and accurate documentation. (See enclosure 3) EQUAL OPPORTUNITYEMPLOYE'R COURTESY.SERVICE•PROTECTION Any contract for service associated with this project must be issued in accordance with local, State, and Federal laws, Contract material and labor costs must be specific and considered reasonable; "cost plus"type contracts are not be allowed. For any contract awarded, a copy of the contract will be forwarded to the State with the first quarterly report following award, along with a report from the Systems for Award Management ( littps://www.s-,tiiiZov/L)ort-,il/l)tiblic/SAM ) showing that the chosen contractor is not currently excluded. (See enclosure 4) As notification that the project has concluded and is ready for the final audit,the sub-grantee will submit the Certificate of Completion along with a final quarterly report containing a recap of all project expenditures, an elevation certificate, and certificate of occupancy. A chief elected official or his/her designated representative must sign this document. Final project payments will be made based upon the submission of the Certificate of Completion, final programmatic inspection,and the financial compliance review by our staff. A copy of the form is attached. (See enclosure 5) Before breaking ground,the sub-grantee must provide the State a copy of the final construction plans and specifications with a raised architect's seal, assuring that the safe room meets or exceeds the criteria outlined in"FEMA 361,Design and Construction Guidance for Community Safe Rooms"(Second Edition/August 2008). The State will have the plans peer reviewed and will issue an approval before the applicant may proceed with construction. In addition,the project must also comply with the additional State requirements contained in the"Texas Community Safe Room Policy Letter"dated December 2010. (See enclosure 6) Since you will receive over$500,000.00 total funding from Federal programs during this Federal fiscal year, you will be required to provide the Texas Division of Emergency Management with a copy of your current annual audit,performed per OMB Circular No. A-133. Please contact our Disaster Program Auditor at(512) 424-7474 for further information on audit requirements. All 14MGP grants are subject to Federal audit; therefore,all records must be maintained for three years from the date of project close out or,upon receipt of the final payment,whichever is later. If you have any questions or concerns please contact your state project officer,Michael Ku,at 512-424-2397 or via email at miclael.kuna dns.texas.aov Sincerely, W.Ni Kidd,CE Assistant Director Texas Department of Public Safety Chief 'rexas Division ofEmergcricy Management W NK:ink Enclosures: 1 -Record of Environmental Consideration and FCNSI 2-Quarterly Progress Report Forrrr 3-Payrrrent Request Forrn 4-Exchtcled Parties List Verification Form 5-Certificate of Completion 6— Texas Community Safe Room Policy Letter cc: Mr. Rlchie,Quintero,Assistant Emergency Management Coordinator, City of Corpus Christi TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD•BOX 4087•AUSTIN,TEXAS 78773-0001 o, PN 5121424-2000 Eck:cry.• wwwAl2s.texas.gov � �`. �.•J A3;T STEVEN C.MGCRAW COMMISSION DIRECTOR A.CYNTHIA LEON,CHAIR DAVID G.BAKER CARIN MARCY BARTH CHERYL MacBRIDS ADA BROWN DEPUTY DIRECTORS ALLAN B.POLUNSKY RANDY WATSON March 6,2013 The Honorable Nelda Martinez y! \ Mayor,City of Corpus Christi ' V. 1201 Leopard St. i Corpus Christi,Texas 78401 '•� p���ced��r c,;' Dear Mayor Martinez: - �',•�a j "Vrer2' 't tU!7 t tit(4, The City of Corpus Christi funding request for the TSSI Safe Room I rojectlias been~approved by FEMA and the State of Texas. This project is approved under the CFDA 97-039 Hazard Mitigation Grant Program (HMGP). Your jurisdiction qualified for this funding because you had a FEMA approved local mitigation plan. Your plan expires on November 5,2017. The project number is DR-1791-349 and should be used as a reference on all documents and correspondence, Under the terms of your application and the below listed conditions, the City of Corpus Christi is authorized to proceed with the construction of the community safe room identified in your application. The federal share award for this grant project is$1,080,000.00. The activities identified in this project application have been-cleared under the National Environmental Policy Act (NEPA). The project location and description identified in the Record of Environmental Consideration (REC) are specific and no additional activities that have not been pre-identified, submitted, and FEMA approved can be considered. The State, as grantee, must ensure that all conditions of the REC and the FONSI are met. (See enclosure 1) The effective date of the approval of this project is February 12 2013. The Period of Performance (POP) is 24 months, requiring project completion by February 12, 2015 or sooner. If, due to extenuating circumstances, the project cannot be completed within this period, the sub-grantee must submit a POP extension request in writing 90 days prior to the project completion date of February 12,2015. You are required to submit a Quarterly Progress Report to this office no later than October 15`k',January 15"', April 15`k', and July 15`k' of each year until the project is completed. Failure to submit reports or submitting a report with two consecutive quarters indicating no progress may result in your project funding being forfeited. A copy of the report format is enclosed for your use and may be reproduced as requited. (See enclosure 2) The sub-grantee is required to keep complctc records of all work, including but not limited to: receipts, canceled checks,job orders, contracts, equipment usage documentation, and payroll information. The sub- grantee is accountable to the State for all finds that are awarded. Requests for the rcimbursernent of expenses may be submitted as needed during the grant performance period. Payments will be made within 21-30 days after receipt of complete and accurate documentation. (See enclosure 2) EQUAL OPPORTUNITY EMPLOYER COURTESY-SERVICE-PROTECTION Any contract for service associated with this project must be issued in accordance with local, State, and Federal laws. Contract material and labor costs must be specific and considered reasonable; "cost plus"type contracts are not be allowed. For any contract awarded, a copy of the contract will be forwarded to the State with the first quarterly report following award,along with a report from the Systems for Award Management ( littps://www.sam_.gov/L)ortal/public/SAM ) showing that the chosen contractor is not currently excluded. (See enclosure 4) As notification that the project has concluded and is ready for the final audit,the sub-grantec will submit the Certificate of Completion along with a final quarterly report containing a recap of all project expenditures, an elevation certificate,and certificate of occupancy. A chief elected official or his/her designated representative must sign this document. Final project payments will be made based upon the submission of the Certificate of Completion, final programinatic inspection,and the financial compliance review by our staff. A copy of the form is attached. (See enclosure 5) Before breaking ground,the sub-grantee must provide the State a copy of the final construction plans and specifications with a raised architect's seal,assuring that the safe room meets or exceeds the criteria outlined in"FEMA 36 1, Design and Construction Guidance for Community Safe Rooms"(Second Edition/August 200$). The State will have the plans peer reviewed and will issue an approval before the applicant may proceed with construction. In addition,the project must also comply with the additional State requirements contained in the"Texas Community Safe Room Policy fetter"dated December 2010. (See enclosure b) Since you will receive over$500,000.00 total funding from Federal programs during this Federal fiscal year, you will be required to provide the Texas Division of Emergency Management with a copy of your current annual audit,performed per OMB Circular No. A-133. Please contact our Disaster Program Auditor at(512) 424-7474 for further information on audit requirements. All HMGP grants are subject to Federal audit; therefore,all records must be maintained for three years from the date of project close out or,upon receipt of the final payment,whichever is later. If you have any questions or concerns please contact your state project officer,Michael Ku,at 512-424-2397 or via email at michael.ku Ofts.texas.izov Sincerely, .. W. 'm Kidd,CE 'a' Assistant Director Texas Department of Public Safety Chief Texas Division of Emergency Management WNK: ntk Enclo.sieres: 1 -Record UfEnvironmental Consideration and FDNSI 2-Quarterly Progress Report Form 3 -Payinertl Request Forur 4-Excluded Parties List tier{fication Forru 5-Certificate of Corrrpletion G— Teras Coninnrnity Safe Roorn Policy Letter Cf.' Mr. Ric{lie Quintero,assistant Emergency Management Coordinator, City of Corpus Christi INTERLOCAL COOPERATION AGREEMENT FOR COMMUNITY SHELTERS CONSTRUCTION PROJECTS This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, Texas ("City"), a municipal corporation and home-rule city of the State of Texas, acting by and through its governing body, the City Council, and the, Tuloso-Midway Independent School District(District)acting by and through its governing body,the Board of Trustees. RECITALS WHEREAS, District requests that City apply to the Texas Division of Emergency Management ("TDEM") of the Department of Public Safety for a federal grant ("Hazard Mitigation Grant Program") from the Federal Emergency Management Agency ("FEMA") of the United States Department of Homeland Security on behalf of District for a Community Shelters or Safe Rooms Construction Projects ("Project"); and WHEREAS, City agrees to apply to TDEM for the federal grant ("Hazard Mitigation Grant Program") and distribute grant funds it receives on behalf of District; and WHEREAS, District agrees to comply with all terms and conditions of the grant including assurances, and in the event District fails to comply with the terms and conditions of the grant, losses or misuses the grant fiuids, District assures that the funds will be returned, in full, to TDEM and FEMA; and WHEREAS, District agrees to solely use the grant funds to construct a 20,000 and a 12,000 square foot structures on District's property to be primarily used as a community shelters or safe rooms during inclement weather conditions and emergencies, and District is solely responsible for the costs,construction,maintenance of Projects; and WHEREAS, District intends to use the facilities for school purposes when not needed as community shelters; and WHEREAS, District and City agree to formulate each Party's responsibilities and rights with respect to Project. NOW, THEREFORE, in consideration of the mutual covenants in this Agreement,the participating local governments ("Parties"), authorized by appropriate actions of their governing bodies, hereby agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to formulate the responsibilities and rights of District and City with respect to the application for and administration of a federal grant that is to be solely used by District to construct two structures on District's property primarily for use as a community shelter or safe rooms during inclement weather conditions and emergencies. SECTION 2. CITY SCOPE OF SERVICES AND RIGHTS. a) City will apply to TDEM for the federal grant ("Hazard Mitigation Grant Program") from FEMA. b) City will submit District's reimbursement packages,under the grant terms,to TDEM for grant funds reimbursement on behalf of District. C) City will distribute to District grant funds it receives from TDEM on behalf of District. d) City will be allowed,upon request, to inspect or audit District's records, documents, accounting books and methods to insure that grant funds are not lost or misused and to insure District complies with all terms and conditions of the grant. SECTION 3. DISTRICT SCOPE OF SERVICES AND RIGHTS. a) District, its contractors and subcontractors shall comply with all terms and conditions of the grant, including assurances, and all applicable codes and ordinances. b) District is solely responsible for managing the grant funds it receives. c) District shall supervise and construct Project, using grant and District's funds, on District's property for primary use as a community shelters or safe rooms during inclement weather conditions and emergencies under an approved City and District MOU user's agreement. District may contract services under this Agreement. However, District shall remain solely responsible for the performance of its obligations under this Agreement. District shall be responsible for all payments to contractors and subcontractors. d) District shall expend funds to construct Project and then request reimbursement under the grant. District shall provide all funds necessary to cover the costs of constructing Project to the extent such costs exceed the amount of approved grant funds. District shall provide funds necessary to cover the costs of operating and maintaining the community shelter or safe room once construction is completed. City is not obligated in any way to fund or construct Project under this Agreement. e) District shall return grant funds to TDEM and FEMA if it fails to comply with the terms and conditions of the grant, or if it loses or misuses grant funds. The District is fully responsible for all funds due to TDEM or FEMA for failure to comply with HMGP,TSSI Safe Room Project rules and regulations. f) District is responsible for the 25% match including in-kind match required under the grant. The City is not responsible for any matching funds. Page 2 of 8 g) District shall submit reimbursement packages under the grant terms which include, but not limited to, invoices and canceled checks,to City to request reimbursement of funds from TDEM on behalf of District. h) District shall maintain accurate and adequate records to establish compliance with this Agreement and the terms and conditions of the federal grant. i) District shall grant access to City, as well as applicable state and federal agencies, to all paper and electronic records, books, documents, accounting procedures,practices and any other items relevant to the performance of this Agreement for the purposes of inspecting, auditing and/or copying such books and records. District shall provide copies and printouts requested by City, TDEM and FEMA without charge. District's records, whether paper or electronic, shall be made available during regular office hours. j) District shall have the exclusive right to use the facilities for school purposes at all times that the facilities are not being used for emergency shelter. SECTION 4. FUNDS AND PAYMENT. Each Parry which performs services under this Agreement shall do so with funds available from its current revenues. SECTION 5. NO THIRD PARTIES BENEFIT. This Agreement, and all activities under this Agreement, is solely for the benefit of Parties and not for the benefit of any third party, except for TDEM and FEMA. SECTION 6. INTERLOCAL COOPERATION ACT. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. This Agreement is made under chapter 791 of the Texas Government Code. SECTION 7. IMMUNITY NOT WAIVED. Nothing in this Agreement, including the execution and performance of the covenants contained in this Agreement, is intended to or may constitute a waiver or limitation of any governmental, official, or other immunity, defense, or other protection afforded under state and federal law to any Party or its officers, employees, representatives, and agents. SECTION S. LIABILITY. In no event shall City, TDEM, FEMA, its employees, officers, representatives, or agents be liable to District or any person at any time for any special, incidental, or consequential damages, arising from breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory, even if City, TDEM, or FEMA has been advised of the possibility of such Page 3 of 8 damages. In no event shall District, its employees, officers, representatives, or agents be liable to the City, TDEM, FEMA, or any agents of same for any special, incidental, or consequential damages arising from breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory, even if District has been advised of the possibility of such damages. SECTION 9. INSURANCE. The District, at its sole cost and expense, shall obtain and maintain insurance as described in attached Exhibit A, including commercial general liability insurance and professional liability insurance coverage in amounts described in Exhibit A, The District, at its discretion, may choose to self-insure and a letter of self-insurance is required to be filed with City. District shall ensure that its contractor(s) maintain the types and amounts of insurance listed on Exhibit A (except that District's contractor is not required to maintain professional liability coverage.) SECTION 10. TERM OF AGREEMENT. This Agreement shall begin on the final date of execution by all Parties and shall continue until the grant term expires or for a term of two (2) years, whichever comes first. The following terms shall survive termination or expiration of this Agreement without limitation and remain in full force and effect: a) The structure built using the federal grant ("Hazard Mitigation Grant Program") funds shall be used primarily as a community shelter or safe room during inclement weather and emergencies; b) District shall provide funds to cover the costs of operating and maintaining the community shelters or safe rooms; c) The liability and indemnity sections; d) City, state and federal agencies access and ability to inspect and audit the record keeping, reporting, and accounting of grant funds; and c)Any other requirements under the federal grant in Exhibit"A". SECTION 11. AMENDMENTS TO AGREEMENT. Unless otherwise provided herein, this Agreement may only be amended by written instrument duly executed on behalf of each party. The City authorizes the City Manager and the District authorizes the Superintendent to execute subsequent amendments, limited to non-substantive modifications that do not require the appropriation of funds, without further approval from the governing bodies. SECTION 12. NOTICES. All notices required or permitted hereunder shall be in writing and shall be deemed properly delivered when actually received or, if earlier, on the seventh (71h) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested), addressed to the respective other Party at the address prescribed below, or at such other address as the receiving Party may have theretofore prescribed by notice to the sending Party: Page 4 of 8 City: District: City of Corpus Christi Tuloso-Midway Independent School District Attn: City Manager Attn: Superintendent of Schools Post Office Box 9277 9760 La Branch Street Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 78410 SECTION 13. ENTIRE AGREEMENT. This Agreement, representing the entire agreement between Parties, supersedes any and all prior agreements between Parties, whether written or oral, relating to the subject matter of this Agreement. No officer or employee of either Party may waive or otherwise modify the limitations in this Agreement without the express action of the governing body of the Party or its duly authorized agents. SECTION 14. SEVERABILITY. In the event any term, covenant, or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant, or condition herein contained,provided that such invalidity does not materially prejudice either City or District in their respective rights and obligations contained in the valid terms, covenants, or conditions hereof. To this end, the remaining terms, covenants, and conditions hereof are severable and continue in full force and effect. SECTION 15. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect the validity or enforceability of any provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the Iimitations. As so modified,this Agreement continues in full force and effect. SECTION 16. LAWS AND VENUE. City and District shall comply with all federal, state, county, and local laws, ordinances, rules, and regulations applicable to this Agreement and each Party's respective performance thereunder. This Agreement shall be interpreted according to Texas laws governing the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas and be in accordance with the Texas Rules of Civil Procedure. SECTION 17. CAPTIONS. Captions to provisions of this Agreement are solely for convenience and shall not be considered in the interpretation of any provision. Page 5 of 8 SECTION 18. NON-ASSIGNMENT. District shall not assign or transfer, in whole or in part,directly or indirectly, any of its rights or obligations hereunder without the prior written consent of City,and any attempt of assignment or transfer without such consent shall be void. However, this Agreement is binding upon the parties to this Agreement and their respective successors in office. SECTION 19. WARRANTY. This Agreement has been officially authorized by the governing body of each Party. Each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to the Agreement. CITY OF CORPUS CHRISTI TULOSO MIDWAY INDEPENDENT SCHOOL DISTRICT Ronald L. Olson (Date) Paul Mostella (Date) City Manager President, School Board of Trustees ATTEST: Armando Chapa (Date) Dr. Sue Nelson (Date) City Secretary Superintendent, Pursuant to Board vote on APPROVED AS TO FORM: Buck Brice (Date) Assistant City Attorney For City Attorney Page 6 of 8 EXHIBIT A INSURANCE REQUIRMENTS A. Public Entity must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. B. Public Entity must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE COMMERCIAL GENERAL LIABILITY $500,000 Per Occurrence including: 1. Broad Form 2. Products/ Completed Operations 3. Contractual Liability 4. Independent Contractors 5. Personal Injury/Advertising Injury PROFESSIONAL LIABILITY including: $300,000 per claim/$500,000 aggregate Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions C. Public Entity's financial integrity is of interest to the City; therefore, ,shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Public Entity'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. D. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Public Entity 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. All notices under this Article shall be given to City at the following address: Page 7of8 City of Corpus Christi Attn: Risk Management P.Q. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 E. Public Entity agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. 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. ii. 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; iii. 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. F. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Public Entity shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Public Entity'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. G. Nothing herein contained shall be construed as limiting in any way the extent to which the Public Entity may be held responsible for payments of damages to persons or property resulting from Public Entity's or its subcontractors' performance covered under this agreement. H. It is agreed that Public Entity'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 contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2013 Fire Department Inter local Agreement-FEMA Grant Submission 6-10-2013 djs Risk Management Page 8 of 8 0 AGENDA MEMORANDUM Action Item for the City Council Meeting of June 25, 2013 852 DATE: June 7, 2013 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director of the Office of Management and Budget Eddie Ho @cctexas.com (361) 826-3792 Setting the date for the Public Hearing for the Fiscal Year 2013-2014 Operating Budget CAPTION: Motion setting a public hearing for the City of Corpus Christ Fiscal Year 2013-2014 Operating Budget for July 9, 2013 during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: To comply with Local Government Code, a motion setting the date for a public hearing for the City of Corpus Christi's Fiscal Year 2013-2014 Operating Budget needs to be set by the City Council during a regular meeting. BACKGROUND AND FINDINGS: Local Government Code, Title 4 "Finances", Subtitle A "Municipal Finances", Chapter 102 "Municipal Budget", Section 102.006 requires a municipality to hold a public hearing on the municipality's proposed budget. The hearing is to be set for a date occurring after the fifteenth day after the date the proposed budget is filed with the municipal clerk but before the governing body makes its tax levy. The proposed budget was submitted to the City Secretary's office and was posted on-line on the City's website on May 31, 2013. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City Policy. EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Expenditures Fiscal Year: 2012-2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the motion. LIST OF SUPPORTING DOCUMENTS: Not applicable. Resolution Authorizing the City Manager, or designee, to submit a grant application in the amount of $162,583 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 2013 Local Solicitation with 50% of the funds to be distributed to Nueces County under the established Interlocal Agreement; and authorizing the City Manager or designee to execute Interlocal 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 2013 Local Solicitation. 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 $162,583 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 2013 Local Solicitation with 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. SECTION 2. The City Manager or his designee is authorized to execute an Interlocal 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 2013 Local Solicitation. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott GMS APPLICATION NUMBER THE STATE OF TEXAS KNOW ALL BY THESE PRESENT COUNTY OF NUECES INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE COUNTY OF NUECES, TEXAS EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FISCAL YEAR 2013 LOCAL SOLICITATION AWARD This agreement is made and entered into this day of , 2013, 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, witness: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government 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 for disbursement of Fiscal Year 2012 JAG funds which is separate from this agreement; and WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50%), or a current estimate of $81,291, JAG funds received from Fiscal Year 2013 award; 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%),or a current estimate of $81,291 of the JAG funds received from this award. Section 2. COUNTY agrees to use the fifty percent (50%), or current estimate of $81,292, of JAG funds received from CITY under this agreement for the enhancement of law enforcement between October 1, 2013 and September 30, 2017. 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 COUNTY OF NUECES Ronald L. Olson Samuel L. Neal, Jr. City Manager County Judge ATTEST: Armando Chapa Diana Barrera City Secretary County Clerk APPROVED AS TO FORM: Buck Brice Laura Garza Jimenez Assistant City Attorney County Attorney For City Attorney Date Date Resolution Authorizing the City Manager or designee to submit a grant application in the amount of $66,191 to the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2013 Port Security Grant Program with City cash match of $22,064 for a total project cost of $88,255; 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 $66,192 to the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2013 Port Security Grant Program with City cash match of $22,063 for a total project cost of $88,255. SECTION 2. The City Manager or designee may apply for, accept, reject, alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. 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 U.S. Department of Homeland Security. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott t S U� p AGENDA MEMORANDUM �pia Public Hearing and First Reading for the City Council Meeting of June 25, 2013 2852 Second Reading for the City Council Meeting of July 9, 2013 DATE: May 23, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Commercial and Residential to Light Industrial on Tract 1 And from Residential to Commercial on Tract 2 For Jubalee Properties, Ltd. Property Addresses: 9801 South Padre Island Drive, 1130 Baywood Lane, and 1133 Baywood Lane. CAPTION: Case No. 0413-05 Jubalee Properties, Ltd.: A change of zoning from the "CG-1" General Commercial and the "RS-6" Single-Family 6 District to the "IL" Light Industrial District on Tract 1 and from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District on Tract 2, resulting in a change to the Future Land Use Plan from commercial to industrial on Tract 1 and not resulting in a change to the Future Land Use Plan on Tract 2. Tract 1 is described as Lots 1 through 5, Block 2, Baywood Addition, and Tract 2 is described as being Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood Addition, located south of South Padre Island Drive (SH 358) on Baywood Lane. PURPOSE: The purpose of this item is to rezone the property to allow a manufacturing facility for small fiberglass boats and trailers on Tract 1 and outdoor display/storage of completed boats on Tract 2. RECOMMENDATION: Planning Commission and Staff Recommendation (May 22, 2013): Tract 1 — Denial of the change of zoning from the "CG-1" General Commercial District and "RS-6" Single-Family 6 District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-1/SP" General Commercial District with a Special Permit, subject to the following nine conditions: 1. Use: A facility for the manufacturing of fiberglass boats that weigh less than five tons and the assembly of boat trailers are the only uses allowed on the Property other than those uses allowed by right in the "CG-1" General Commercial District. All stages of the manufacturing process and boat trailer assembly must occur indoors to reduce the potential impact of dust, noise, and odors on surrounding properties. 2. Structure: Expansion of the existing structures or construction of new structures for the uses authorized by Condition 1 shall maintain a 30-foot wide setback from the adjacent "RS-6" Single-Family 6 District to the south. Except for man-doors, openings in structures are prohibited from facing residential areas. 3. Noise: The use of machinery or equipment that produces offensive noise incompliant with City Code of Ordinances Chapter 31 on the Property is prohibited. 4. Screening: A six-foot tall solid masonry wall must be constructed, maintained, and remain in place around the perimeter of the facility. Screening is not required around the parking area located along South Padre Island Drive (SH 358) or around the outdoor retail display of finished boats. 5. Landscaping: The Owner shall plant and maintain canopy trees with a minimum of a 2.5-inch caliper every 30 feet on the center within the required 10-foot wide buffer yards and on the interior of the screening wall along the side and rear property lines adjacent to the single-family residences. 6. Outside Storage: Outside storage of materials and equipment is allowed on the Property as long as it is screened from view of the right-of-way and neighboring properties by means of a six-foot tall solid masonry wall. 7. Hours of Operation: The hours of operation for the manufacturing of fiberglass boats that weigh less than five tons and assembly of boat trailers shall be limited to Monday through Saturday, 7:00 a.m. to 7:00 p.m. 8. Air Quality: The Owner must comply with all applicable state and local air quality regulations. 9. Time Limit: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Tract 2—Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow a manufacturing facility for small fiberglass boats and assembly of boat trailers on Tract 1 and outdoor display/storage of completed boats on Tract 2. Although this rezoning on Tract 1 is not consistent with the adopted Future Land Use Plan, it is a reasonable reuse of the existing structure and would not significantly impact the adjacent residential and commercial uses if conditions were imposed through a Special Permit to reduce negative impacts. Staff recommends denial of the "CG-1/SP" General Commercial District with a Special Permit on Tract 1. The applicant is in agreement with the proposed Special Permit. Boat sales and storage is a common land use in the Flour Bluff area and is permitted in the "CG-1" General Commercial District. A buffer yard in accordance with the UDC would be required on Tract 2 to protect the adjacent single-family use. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Grant a Special Permit subject to conditions in lieu of granting the requested zoning district; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is within the boundaries of the Flour Bluff Area Development Plan and is planned for commercial uses on both Tract 1 and 2. The proposed change of zoning to the "IL" Light Industrial District on Tract 1 is inconsistent with the Future Land Use Plan. A Special Permit on Tract 1 would impose conditions to make the proposed use more consistent with the Plan. The proposed change of zoning to the "CG-1" General Commercial District on Tract 2 is consistent with the Future Land Use Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibit F n � �� j 4 e � TIA XN 41 AF sr s Wy f, µ � y �. � v r 65 j J�{f /i Aff Ak iiigi fir f � •� t f s G-4) t ' d ii ZONING REPORT Case No. 0413-05 HTE No. 13-10000012 Planning Commission Hearing Date: May 22, 2013 (Tabled from April 24th) Applicant: Jubalee Properties, Ltd. Owners: Mostafa Bighamian, Morteza Shafinury, and First National Bank c _ o Legal Description: C•a Tract 1 being Lots 1 through 5, Block 2, Baywood Addition, and 'Q_j 0 Tract 2 being Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood c otf Addition Location: Located south of South Padre Island Drive (SH 358) on Baywood Lane. Tract 1 From: "CG-1" General Commercial District and "RS-6" Single-Family 6 District To: "IL" Light Industrial District n Area: 1.11 acres Q n Cr Q Tract 2 From: "RS-6" Single-Family 6 District c To: "CG-1" General Commercial District 'c Area. 0.23 acres 0 N Purpose of Request: To allow a manufacturing facility for small fiberglass boats on Tract 1 and outdoor display/storage of completed boats on Tract 2. TRACT 1 Existing Existing Future Zoning District Land Use Land Use "CG-1" General Vacant Light Industrial Site Commercial & & Church Commercial "RS-6" Single-Family 6 "CG-1" General •o ? North Commercial Commercial Commercial N Low Density J South "RS-6" Single-Family 6 Residential Commercial • "CG-1" General Medium & Low w East Commercial & Density Residential & Commercial "RS-6" Single-Family 6 Vacant "CG-1" General West Commercial & Commercial & Vacant Commercial "RS-6" Single-Family 6 Case#0413-05 Jubalee Properties Page 2 TRACT 2 Existing Existing Future c Zoning District Land Use Land Use c>s y Site "RS-6" Single-Family 6 Vacant Commercial c � c North "CG-1" General Commercial Church Commercial Low-Density c J South "RS-6" Single-Family 6 Residential Commercial y "CG-1" General Commercial W East & Vacant Light Commercial "RS-6" Single-Family 6 Industrial & Church West "CG-1" General Commercial Commercial Commercial Area Development Plan: The subject property is within the boundaries of the Flour Bluff Area Development Plan (ADP) and is planned for commercial uses cL c on both Tract 1 and 2. The proposed change of zoning to the "IL" Light Industrial District on Tract 1 is inconsistent with the Future Land Use Plan. a c The proposed change of zoning to the "CG-1" General Commercial District on aTract 2 is consistent with the Future Land Use Plan. Map No.: 036032 Zoning Violations: None c Transportation and Circulation: Tract 1 has 135 feet of frontage on South CL.o Padre Island Drive (SH 358), which is designated as an "F1" Freeway/Expressway, and 360 feet of frontage on Baywood Lane. Tract 2 has 75 feet of frontage on Baywood Lane. Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type O South Padre 400' ROW 250' ROW 3,851 ADT � "F1" Freeway W Island Drive Varies Varies (2009) Q Cn L Baywood Lane Local Street 50' ROW 60' ROW N/A 28' Paved 28' Paved Staff Summary: Requested Zoning: On Tract 1, the applicant is requesting a change of zoning from the "CG-1" General Commercial District and "RS-6" Single-Family 6 District to the "IL" Light Industrial District on 1.11 acres to allow a facility that manufactures small fiberglass boats. Staff determined that the manufacturing of small watercraft under five tons Case#0413-05 Jubalee Properties Page 3 requires "IL" Light Industrial zoning. On Tract 2, the applicant is requesting a change of zoning from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District on 0.23 acres to allow for outdoor display/storage of completed boats. The City's Unified Development Code (UDC) allows the retail sale and display of boats in the "CG-1" General Commercial District. Applicant's Development Plan: The applicant plans to purchase and redevelop the existing structures on Tract 1 for a fiberglass boat manufacturing and trailer assembly facility. Tract 1 contains an existing 9,200-square foot building previously occupied by Casa Materials, which supplied building materials to contractors. A church also occupied a part of the existing building. The applicant plans to open up the interior space of the existing building and eventually add on approximately 5,800 square feet to the building. Tract 2 is vacant land where the applicant plans to store finished boats and trailers. The boat manufacturing process takes place in three stages with all activity occurring indoors. The first part of the fabrication process involves constructing the boats' wooden framework and applying the fiberglass exterior by hand. This stage will take place in a 1,400-square foot area. The second stage of the process involves fitting and assembly of parts in a 2,800-square foot area. The third part of the process involves rigging and preparation of the final product in an 800-square foot area. The facility will also have a sales office of approximately 1,800 square feet. The facility will employ 10 people. The hours of operation will be from Monday through Saturday, 7:00 A.M. to 7:00 P.M. The property has two commercial driveways on South Padre Island Drive (SH 358) and two points of access, which do not appear to be properly constructed driveways, on Baywood Lane. For redevelopment of the two tracts, a 10- foot wide landscape buffer yard that achieves 15 buffer points is required between the "IL" Light Industrial District on Tract 1 and the abutting single-family district. A five-foot wide landscape buffer yard that achieves 10 buffer points is required between the "CG- 1" General Commercial District and single-family district on Tract 2. Existing Land Uses & Zoning: Tract I. Currently, the subject property is occupied by a vacant building that was the former site of a building materials wholesale facility and a church. To the north of the subject property is the South Padre Island Drive (SH 358) right-of-way. West of the subject property across Baywood Lane is a retail center and church zoned "CG-1" General Commercial District and a single-family residence zoned "RS-6" Single-Family 6 District. East of the subject property is a multifamily use in a "CG-1/SP" General Commercial District with a Special Permit, vacant land zoned "RS-6" Single-Family 6 District, and a single-family residence zoned "RS-6" Single-Family 6 District. To the south of the subject property are residential uses in a "RS-6" Single-Family 6 District. Tract 2. The subject property is vacant and zoned "RS-6" Single-Family 6 District. North of the subject property is a retail center and church zoned "CG-1" General Commercial District. West of the subject property is a self-storage facility zoned "CG-1" General Case#0413-05 Jubalee Properties Page 4 Commercial District. East across Baywood Lane is Tract 1 with the existing commercial structure and church. South of the subject property is a single-family residence zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is located in a Navy Air Installation Compatibility Use Zone (AICUZ). The property falls within an Accident Potential Zone-2 (APZ- 2). According to the AICUZ Study for Naval Air Station Corpus Christi, the proposed land use and related structures for manufacturing of fiberglass boats is compatible in the APZ-2 without restrictions. Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed rezoning to the "IL" Light Industrial District on Tract 1 is not consistent with the adopted Future Land Use Plan, which designates the property for future commercial uses. The proposed rezoning to the "CG-1" General Commercial District on Tract 2 is consistent with the Future Land Use Plan, which designates Tract 2 for commercial uses. The Flour Bluff Area Development Plan states that low intensity activities should be located next to single-family uses. Intensive commercial or light industrial uses are not appropriate next to single-family uses. A Special Permit on Tract 1 would impose conditions to make the proposed use more consistent with the Plan. Plat Status: The property is currently platted as multiple lots. Department Comments: • Although this rezoning is not consistent with the adopted Future Land Use Plan, it is a reasonable reuse of the existing structure and would not significantly impact the adjacent residential and commercial uses if conditions were imposed through a Special Permit to reduce negative impacts. • In comparison to the Limited Vehicle Service use, which is allowed in the "CG-1" General Commercial District, this fiberglass boat manufacturing facility where much of the manufacturing process is done by hand is not anticipated to cause significant nuisances to the surrounding properties. • Much of the single-family residential uses to the south are planned for future commercial uses. If those residential properties are converted to commercial properties in the future, the proposed manufacturing facility would no longer impact a residential neighborhood. • The rezoning of Tract 2 to a commercial use is consistent with the Comprehensive Plan. Boat sales and storage is a common land use in the Flour Bluff area and is permitted in the "CG-1" General Commercial District. A buffer yard in accordance with the UDC would be required on Tract 2 to protect the adjacent single-family use. Planning Commission and Staff Recommendation (May 22, 2013): Tract 1 — Denial of the change of zoning from the "CG-1" General Commercial District and "RS-6" Single-Family 6 District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-1/SP" General Commercial District with a Special Permit subject to the following nine conditions: Case#0413-05 Jubalee Properties Page 5 1. Use: A facility for the manufacturing of fiberglass boats that weigh less than five tons and the assembly of boat trailers are the only uses allowed on the Property other than those uses allowed by right in the "CG-1" General Commercial District. All stages of the manufacturing process and boat trailer assembly must occur indoors to reduce the potential impact of dust, noise, and odors on surrounding properties. 2. Structure: Expansion of the existing structures or construction of new structures for the uses authorized by Condition 1 shall maintain a 30-foot wide setback from the adjacent "RS-6" Single-Family 6 District to the south. Except for man-doors, openings in structures are prohibited from facing residential areas. 3. Noise: The use of machinery or equipment that produces offensive noise incompliant with City Code of Ordinances Chapter 31 on the Property is prohibited. 4. Screening: A six-foot tall solid masonry wall must be constructed, maintained, and remain in place around the perimeter of the facility. Screening is not required around the parking area located along South Padre Island Drive (SH 358) or around the outdoor retail display of finished boats. 5. Landscaping: The Owner shall plant and maintain canopy trees with a minimum of a 2.5-inch caliper every 30 feet on the center within the required 10-foot wide buffer yards and on the interior of the screening wall along the side and rear property lines adjacent to the single-family residences. 6. Outside Storage: Outside storage of materials and equipment is allowed on the Property as long as it is screened from view of the right-of-way and neighboring properties by means of a six-foot tall solid masonry wall. 7. Hours of Operation: The hours of operation for the manufacturing of fiberglass boats that weigh less than five tons and assembly of boat trailers shall be limited to Monday through Saturday, 7:00 a.m. to 7:00 p.m. 8. Air Quality: The Owner must comply with all applicable state and local air quality regulations. 9. Time Limit: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Tract 2—Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District. Case#0413-05 Jubalee Properties Page 6 Number of Notices Mailed — 29 within 200' notification area; 2 outside notification area 0 As of May 23, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 1 (inside notification area); 0 (outside notification area) For 1.73% in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Conceptual Facility Layout C. Notice Returned in Opposition r w 9-p yF Owl At PRO a l SUBJECT I IE fi RM Is G#, ,. " 1 t � sg { Ail vk7 47 id` dok' w * rlP CASE.- a = 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RBI MulutarmMy 1 EL UUM Industrial SUBJECT R 3 Muftlimnivy+3 PUD, PIannad Unit ova.oveglay CF n� F o �1lauFhr =axrtamF��l'�I .9 nql@-'F4mlPj 4.5 a Cpl-2 Nolghbothoovi Calwtmorclall Too-FiamPly CR,I Rt tlCo mon:Ian sirigit-Eaflly15 CR-2 Reswi Cmunwat:tatrW RE Watlilkhtkal Es tam CO-1 C,*mara3 Caammaai;W RS-TM T +mhsrusa e el Gem Fm coffifnetulad sp 5"C lal Piaarieq 'e hnicn0re comamemial Rv Recreational Vehicle Pte; � CaDr Darraitto^arn Core,eneFC ad RMH IMMUNe:p ad ROM41 2W P IMP Fam Rural OF Bu0nefts SwFP f° *+r Jar 74" r Citof . r j! Corpus t�'TwP L0L-A MA s., ° C nos QeeEiaan EXHIBIT A > ..x.. '�.✓" ,"^. ':.'k' �F b' �(v�iDt P`�"S�YY� r?4 �k £ is r Sam'SY�n �%t� �. r .l�5�y'1 c2 t'`�' �FP1 5 r n r t k �1 t ` T7 N � E. kt t !y k 7 I �f FiBERGLASS'NQRK:.AREA POSStB'LE NEW CONSTRUCTION REMOVE EXISTING INALLS TO HOUSE INVENTORY AND TRAILER MANUFACTURING BOAT AND TRAILER STORAGE. FI-MNG AND JUB LEE PROPERTIES LTA A BLY SECURITYAND 980 q S I D PERSONNEL HOUSING 7 RIGGING OFFICES POSSIBLE RETAtL E EXHIBIT B rPer-',sit.1—ns with disabilities planni )`o attend this meeting,who may requir ,ecial services,are requested to act.the Department of Development Services at least 48 hours in advance at (361) 526-3240. Personas �' a acidades ue tienen la intenci6n de asistir a esta Junta y Que re uieren servicios eslReciales,se les suldca Que den aviso 48 horas antes de la junta llamando al de artamento de servicios de desarrollo al mero 361 826-3240. Si usted desea asistir a esta junta y dirigirse a la comisi6n y su ingles es limita ari presei to para ayudarle a interpretar. Para mas informacion, favor de Ilamar al de � eAta--d 7s i i i P desarrollo al numero (361) 826-3240. j L i � � Z013 PUBLIC PLANNING COMMISSION ar PUBLIC HEARING NOTICE 0EVF1-0PME1%T SERVICE'- SP (,!N- SERVICES Case No. 0413-05 �--=-- Jubalee Properties, Ltd. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-1" General Commercial District and "RS-6" Single-Farnilv 6 District to the "IL" Light Industrial District on Tract 1 and from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District on Tract 2, resulting in a change Co the Future Land Use Plac from commercial to industrial on Tract 1 and not resulting in a change to the Future Use Plan on Tract 2 on the property described below: Tract 1 being Lots 1 through 5,Block 2, Baywood Addition,and Tract 2 being Lot 4 and the north half of Lot 5, Block 1, Baywood Addition, located south of South Padre Island Drive(SH 358) on Baywood Lane. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will hold a public hearing on Wednesday, April 24, 2013 at 5:30 p.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street, to discuss and formulate a recommendation to City Council. You are invited to attend this public hearing to express your views on this zoning change request. For further information, please call (361)826-3240. TO BE ON RECORD, THIS FORM MAY BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER AND MAILED IN ITS ENTIRETY TO THE DEPARTMENT OF DEVELOPMENT SERVICES, P. O. BOX 9277, CORPUS CHRISTI,TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in erson by telephone call or by letter. NAME: HZ)AJ s 6 ,41V i'�, V12 w►vr�.q Please Vint ADDRESS: �rgy k,Dal cpoovs c6 is/, TELEPTONE NO. ( } IN FAVOR (e IN OPPOSITION - 11 REASONS: - " 4 `�-f In( 4- , d� vpX-,O , Signature (� SEE MAP ON REVERSE SIDE d� Case No. 0413-05 Placed with US Postal Service on April 12,2013 HTE: 13-10000012 Property Owner ID:9 Project Manager:Annika Gunning Exhibit C -�Fq o�P�S Ordinance amending the Unified Development Code ("UDC") upon application by Jubalee Properties, Ltd., acting as agent on behalf of Mostafa Bighamian, Morteza Shafinury and First National Bank ("Owners"), by changing the UDC Zoning Map in reference to Lots 1 through 5, Block 2, Baywood Addition ("Tract 1"), and Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood Addition ("Tract 2"), from the "CG-1" General Commercial District and the "RS-6" Single- Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit on Tract 1 and from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Jubalee Properties, Ltd., acting as agent on behalf of Mostafa Bighamian, Morteza Shafinury, and First National Bank ("Owners") for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 24, 2013, during a meeting of the Planning Commission, and on Tuesday, June 25, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Jubalee Properties, Ltd., acting as agent on behalf of Mostafa Bighamian, Morteza Shafinury, and First National Bank ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 1 through 5, Block 2, Baywood Addition ("Tract 1"), and Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood Addition ("Tract 2"), located south of South Padre Island Drive (SH 358) on Baywood Lane, from the "CG-1" General Commercial District and the "RS-6" Single-Family 6 District to the "CG-1/SP" General Commercial District with a Special Permit on Tract 1 and from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District on Tract 2 (Zoning Map No. 036032), as shown in Exhibit "A." Exhibit A, which is a location map of Tract 1 and Tract 2, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. That the Special Permit granted on Tract 1 in Section 1 of this ordinance is subject to the following nine conditions: 1. Use: A facility for the manufacturing of fiberglass boats that weigh less than five tons and the assembly of boat trailers are the only uses allowed on Tract 1 other than those uses allowed by right in the "CG-1" General Commercial District. All stages of the manufacturing process and boat trailer assembly must occur indoors to reduce the potential impact of dust, noise, and odors on surrounding properties. 2. Structure: Expansion of the existing structures or construction of new structures for the uses authorized by Condition 1 shall maintain a 30-foot wide setback from the adjacent "RS-6" Single-Family 6 District to the south. Except for man-doors, openings in structures are prohibited from facing residential areas. 3. Noise: The use of machinery or equipment that produces offensive noise incompliant with City Code of Ordinances Chapter 31 on the Tract 1 is prohibited. 4. Screening: A six-foot tall solid masonry wall must be constructed, maintained, and remain in place around the perimeter of the facility. Screening is not required around the parking area located along South Padre Island Drive (SH 358) or around the outdoor retail display of finished boats. 5. Landscaping: The Owner shall plant and maintain canopy trees with a minimum of a 2.5-inch caliper every 30 feet on the center within the required 10- foot wide buffer yards and on the interior of the screening wall along the side and rear property lines adjacent to the single-family residences. 6. Outside Storage: Outside storage of materials and equipment is allowed on Tract 1 as long as it is screened from view of the right-of-way and neighboring properties by means of a six-foot tall solid masonry wall. 7. Hours of Operation: The hours of operation for the manufacturing of fiberglass boats that weigh less than five tons and assembly of boat trailers shall be limited to Monday through Saturday, 7:00 a.m. to 7:00 p.m. 8. Air Quality: The Owner must comply with all applicable state and local air quality regulations. 9. Time Limit: This Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. Jubalee Properties, Ltd. Ordinance v06012013 Page 2 of 3 SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of Tract 1 (Lots 1 through 5, Block 2, Baywood Addition) and Tract 2 (Lot 4 and the northeast 25 feet of Lot 5, Block 1, Baywood Addition) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Jubalee Properties, Ltd. Ordinance v06012013 Page 3 of 3 a M f r 3 � h h h N qq QF• NV b 5 O4 y Tp OR M � N TO is h y �S8 SUBJECT PROPERTY (TRACT 2) b ^ M b SUB ECT . b A z (TRAC,T�1) M N CD a Q O M M M M 5 ry M o ~ CD " N Q 7 M Q7P N M � b N ry M M ~ 6 M ~ M b h M M � M n M M � M M O " w M M � N M m M 5 ST N Date;created., 111013 0 ry 400 800 r Prepared By.iler�emym M ° ry Feet Department of Development Vervices CASE: 0413-05 1. SUBJECT PROPERTY may°° Oy.° iygS, ® Subject SUBJECT Property PROPERTY y0<<.y RO O� v \J� p �O+ Cayo Del Os° F ,qT Rico --,1- N I� q Nn` R�ee City of EXHIBIT A gCATION MAP cn�� �