Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 09/17/2013 Corpus Christi 1201 Leopard Street � • p Corpus Christi,TX 78401 cctexas.com j C mis f: IJ Meeting Agenda - Final City Council Tuesday,September 17,2013 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 Mr. Chuck Goodwin, Fish for Life Ministries 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. 13-000371 Swearing-in Ceremony for Newly Appointed Board and Commission 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 9/13/2013 City Council Meeting Agenda-Final September 17,2013 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: (ITEMS 2 -3) 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. 2. 13-000874 Executive Session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the evaluation of the City Secretary with possible discussion and action in open session. 3. 13-000376 Executive session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding contemplated litigation related to the city wastewater treatment plants, with possible discussion and action in open session I. MINUTES: 4. 13-000575 Regular Council Meeting of September 10, 2013 Attachments: Minutes-September 10, 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 Corpus Christi Page 2 Printed on 9/13/2013 City Council Meeting Agenda-Final September 17,2013 reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 5 -20) 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 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. 5. 13-000804 Service Agreement for Pump & Motor Repairs at water treatment plant Motion approving a service agreement with Smith Pump Company, Inc., Woodway, Texas, based on best value, in accordance with Request for Proposal BI-0120-13, for an estimated annual expenditure of $664,260 of which $553,550 is budgeted in FY 2013/2014. The term of the agreement will be for one year and will automatically be extended for up to two additional one-year periods, subject to the approval of the service provider and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2013/2014. Attachments: Agenda Mema- Pumq� Motor Rer�airs Evaluation Matrix- Puma& Motor Repairs Service Agreement- Pump& Motor Repairs 6. 13-000814 Service Agreement for Workers' Compensation Third-Party Administrator Services Motion approving a service agreement with York Risk Services Group, Inc. of Corpus Christi, Texas for workers' compensation third-party administration services, in accordance with Request for Proposal Number BI-0063-13, based on lowest responsible proposal, for an estimated one-year expenditure of$329,290, of which $301,849.17 is required for FY13/14. The term of the service agreement will be for one year with an option to extend for up to three additional one-year periods subject to the approval of the service provider and the City Manager or designee. This service will be used by the Risk Management Division of the Legal Department in administering the City's workers' compensation claims. Funding is available in the Liability and Employee Benefits Workers' Compensation Fund for FY13/14. Attachments: Agenda Memo-Workers' Compensation Third-PartyAdmin Services Service Agreement-Workers Comg TPA Price Sheet-Workers' Compensation Third-PartyAdmin Services 7. 13-000774 Use of Permanent Art Trust funds to complete sculpture installation and identification Corpus Christi Page 3 Printed on 9/13/2013 City Council Meeting Agenda-Final September 17,2013 Motion to approve an $9,920 expenditure from the Permanent Art Trust Fund for expenses related to fabrication, re-installation, and identification of Chin art sculpture at the American Bank Center on the Corpus Christi Bay Front. Attachments: Agenda Memo- RermanentArt Trust fund Mel Chin Attachment- Mel Chin sculpture 8. 13-000808 Contract Amendment No. 1 for Water Conservation Outreach Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with dlo Three Dimensional Development, LLC of Corpus Christi, Texas in the amount of$30,000.00, for a total restated fee not to exceed $78,500.00 for Water Conservation Outreach. Attachments: Agenda Memo-Water Conservation Outreach Proigct Budget-Water Conservation.pdf Contract-Water Conservation Outreach Location Map-Water Conservation 9. 13-000805 Construction Contract-for Corpus Christi International Airport (CCIA) 17-35 Runway Navigational Aids Motion authorizing the City Manager, or designee, to execute a Construction Contract with Bay, Ltd. of Corpus Christi, Texas for the Corpus Christi International Airport (CCIA) 17-35 Runway NAVAIDs (Navigational Aids) project in the amount of$857,863.80 for the Base Bid plus Additive 2. Attachments: Agenda Memo- CCIA 17-35 Runway NAVAIDs and East GA Extension Presentation-CCIA 17-35 Runway NAVAIDs and East GA Extension.pdf Project Budget- CCIA 17-35 Runway NAVAIDs and East GA Extension Location Map-CCIA 17-35 Runway NAVAIDs and East GA Extension.pdf 10. 13-000755 Second Reading Ordinance - Rezoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District, on property located south of La Quinta Road and bayward of the City limit line. (1st Reading 9110113) Case No. 0713-05 Port of Corpus Christi Authority of Nueces County, Texas: A rezoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District on property described as being a 268.68-acre tract of land out of the Geronimo Valdez Survey, Abstract 269, the John Garreghty Survey, Abstract 139, the T.T. Williamson Surveys, Abstracts Nos. 284, 285, 286, 287, 288, and 289, and the State Mineral Tract Nos. 1, 11, and 12, located south of La Quinta Road and bayward of the City of Corpus Christi city limit line. Corpus Christi Page 4 Printed on 9/13/2013 City Council Meeting Agenda-Final September 17,2013 Planning Commission and Staff Recommendation (July 31, 2013) Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District Ordinance Ordinance amending the Unified Development Code upon application by the Port of Corpus Christi Authority of Nueces County, Texas ("Owner"), by changing the UDC Zoning Map in reference to a 268.68-acre tract of land out of the Geronimo Valdez Survey, Abstract 269, the John Garreghty Survey, Abstract 139, the T.T. Williamson Surveys, Abstracts Nos. 284, 285, 286, 287, 288, and 289, and the State Mineral Tract Nos. 1, 11, and 12, from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Port of Corpus Christi, La Quinta Road Aerial Map-Port of Corpus Christi, La Quinta Road Zoning Report-_Port of Corpus Christi, La Quinta Road Ordinance- Port of Corpus Christi, La Quinta Road 11. 13-000789 Second Reading Ordinance - Rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District, on property located at 2301 Agnes Street. (1st Reading 9110113) Case No. 0813-01 Stuart Spigel: A rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lots 1-24, Block 8, Patrick-Webb Addition, located between Agnes and Marguerite Streets and between Twentieth and Twenty-first Streets. Planning Commission and Staff Recommendation (August 14, 2013): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon application by Stuart Spigel, acting as agent on behalf of SPS Texas Centers, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to Lots 1-24, Block 8, Patrick-Webb Addition, from the "IL" Light Industrial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 5 Printed on 9/13/2013 City Council Meeting Agenda'Final September 17.2018 Attachments: Ordinance-Stuart S igel 2301 Agnes 12' 1%3-00080X6 Second Remding [}ndinmnoe -Aooeptingmndmppnoprimtingthe 2014 Selective Traffic Enforcement Program grant from the Texas Depmrtmmmntof Transportation (TXD[}T) (1stReading 9/10/13) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDDT) in the amount of$96.397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (GTEP) within the Police Department, for Driving While Intoxicated (DVV|) and Speed enforcement overtinne, with a oib/ match of$48.041.33, fora total project cost of$144.43S.23 and appropriating $S6.3S7.S0in the No. 1061 Police Grants Fund. Attachments: Aqenda memo_-STEP aMropriation 09.10.2013 Award Notice-201,4-CoMusPQ-S-1YQ-0042J1J, 13' 'C3-{00K081{9 Second Remding [}ndinmnoe -Aooeptingmndmppnoprimtingm Regional grant for\8ebE[}C (1stReading 9/10/13) Ordinance authorizing the City Manager or designee to accept agrant from the Coastal Bend Regional Council in the amount of$30.000 for the benefit of the City's VVebEDCoperations; and appropriating $30.000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, oervioeo, technical support and training for the Corpus Christi Fine Department's VVebE{}C. Attachments: Agenda Memo-WebEOC 14. 1C3-{00K0766 Second Remding [}ndinmnoe -ConstruotionoontnootforFineStmtion No. 5 Relocation Re-Bid (Bond 2OO8) (1stReading 9/10/13) Ordinance amending the FY2014Capital Improvement Budget adopted by Ordinance No. 02SS16to transfer$181.6S0in programmed project savings from Project No. 140232 New Fire Station in area of Holly/Saratoga and Ayers to Project No. 140231 Relocation ofFire Station No. 5 Project and authorizing the City Manager, or designee, to execute a Construction Contract with GaN*net Services ofCorpus Christi, Texas for the Fine Station No. 5 Relocation Re-Bid (Bond 2008) project in the amount of$1.777.037.00 for the Base Bid plus Additive Alternates C, E. F. |. J and K. Corpus Christi Page Printed onuxmuom City Council Meeting Agenda'Final September 17.2018 Attachments: Agenda,-_R e Station No. 5 Ordinance- Fire Station No. 5 ProLqct Q,gdget_-_ ire Station No. 5 RE-BID Locafion_Map,-_Fi e Station No. 5 Relocation Re-Bid Presentation- Fire Station No. 5 Re-bid 15' 13-0X00494 Second Remding [}ndinmnoe -Appnoprimtingfundsforpmrk improvements and other related projects (1st Reading 9/10/13) Ordinance appropriating $410.468.46in developer contributions and $766.93 in interest earnings for a sum of$411.235.39 in the No. 4720 Community Enrichment Fund for park innprovennento, and other related projects. Ordinance-CommEnrich,fds,appropriation,Sep 013 16' 13-0X00K103 Second Reading Ordinance - Funding the creation of m strike force for minor emergency maintenance items (1stReading 9/10/13) Ordinance appropriating $296.500 from the Unreserved Fund Balance in the No. 1020 General Fund Reserve to be used for emergency maintenance employees and equipment; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase appropriations by $2S6.500. Attachments: AgendaMemo-Strike Force Ordinance-Strike Force Presentation-Strike Force 17. .%3- X}08{X9 Second Remding [}ndinmnoe -ChmngingBornStneetfnommone-wmy traffic to two-way traffic (1st Reading 9/10/13) Ordinance amending Section 53-250of the Code of Ordinances to delete "Born Street, between Water Street and Chaparral Street" from Schedule |. One-way streets and alleys; providing for penalties; providing for severance; and providing for publication. Attachments: Agenda Memo-Born St Ordinance- Born St 18. 1C3-{00K0815 Second Reading Ordinance - Granting m Revocable Easement to m||onn m pipeline to cross two tracts of City owned land (1st Reading 9/1O/13) Corpus Christi paver Printed onuxmuom City Council Meeting Agenda-Final September 17,2013 Ordinance granting a Revocable Easement to TexStar Midstream Utility, LP to construct, operate, maintain, repair and remove one (1) 12-inch pipeline across two tracts of City owned land located southwest of the O.N. Stevens Water Treatment Plant; for the amount of $70,000 paid to the City; authorizing the City Manager or designee to execute the Revocable Easement instrument and other related documents for the conveyance of the revocable easement. Attachments: Agenda Memo- Easement Ordinance- Easement.pdf Revocable Easement. Tract 91.pdf Revocable Easement. Tract 92.pdf Location Map-Council Exhibit 2 19. 13-000325 Second Reading Ordinance -Approving agreement and reimbursement for construction of a water arterial transmission and grid main line (1st Reading9/10/13) Ordinance authorizing execution of a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Kitty Hawk Development LTD., ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $30,691.40 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo- KittVHawk Development, LTD Aerial Map-Kitty Hawk, LTD Ordinance- Kitty Hawk Development, LTD Agreement-with Attachments Water Art Tran & Grid main Reimb A mt Kitty Hai 20. 13-000624 Second Reading Ordinance - Reestablishing Industrial Districts and authorizing City Manager to execute Industrial District Agreements for a ten year period.(1st Reading 9/10/13) Ordinance authorizing the reestablishment of land areas located within the extraterritorial jurisdiction of the City of Corpus Christi, Texas as Industrial Districts; reserving and preserving all rights, powers and duties of the City Council; authorizing the City Manager, or designee, to execute Industrial District Agreements by and between the City and various property owners located within the extraterritorial jurisdiction of the City. Attachments: Agenda Memo- Industrial District Agreement Contract- Industrial DistrictAgreement Ordinance- Idustial DistrictAgreement Presentation- Industrial District Master Agreement Presentation M. PUBLIC HEARINGS: (NONE) Corpus Christi Page 8 Printed on 9/13/2013 City Council Meeting Agenda-Final September 17,2013 N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (NONE) P. FUTURE AGENDA ITEMS: (ITEM 21) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 21. 13-000377 Agreement for the Assessment of the Efficiency and Effectiveness of the Fire Department Motion authorizing the City Manager or designee to execute a consultant agreement with MGT of America, Inc. to provide an assessment of the efficiency and effectiveness of the City of Corpus Christi Fire Department for an amount not to exceed $97,950. Funding is available in the Fire Department Budget for fiscal year 2013/2014. Attachments: Agenda Memo- Fire Assessment Selection Matrix-RFP Fire Assessment 2 Presentation- Fire Assessment Contract- Fire Assessment-V3--9-12-131 (3} Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 22 -27) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 22. 13-000370 Port Corpus Christi Project 2020 Stragtegic Planning Process Attachments: Agenda Memo- Strat Plan Briefing Presentation- Project 2020 slides CRP 23. 13-000351 Joint Land Use Study Attachments: Agenda Memo-JLUS 9-17-2013 Presentation.pdf Executive Summary-JLUS.pdf Presentation-JLUS 9-17-2013 City Council PowerPolnt.pdf 24. 13-000339 Street Preventive Maintenance Program Attachments: Agenda Memo-STREETS PREVENTIVE MAINTENANCE PROGRAM.pdf Presentation-Street Maintenance 25. 13-000340 Street Component Discussion Attachments: Agenda Memo-STREET COMPONENT DISCUSSION.pdf Presentation-Street Elements Corpus Christi Page 9 Printed on 9/13/2013 City Council Meeting Agenda-Final September 17,2013 26. 13-000788 Parks and Recreation Advisory Committee Annual Update Attachments: Agenda Memo- PRAQ Council Presentation 2013 Presentation- PRAC Report to Council 2013 27. 13-000879 Wastewater Trust Fund Attachments: Agenda Memo-Wastewater Trust Fund Presentation Presentation-Wastewater Trust Fund R. ADJOURNMENT Corpus Christi Page 10 Printed on 911312013 1201 Leopard Street Corpus Christi p Corpus Christi,TX 78401 6 c ` cctexas.com Meeting Minutes f City Council Tuesday,September 10,2013 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. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Ed Paul, Metropolitan Community Church of Corpus Christi The invocation was given by Pastor Paul. C. Pledge of Allegiance to the Flag of the United States. The Pledge of Allegiance was given by City Manager Ron Olson. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Assistant City Secretary Rebecca Huerta confirmed that a quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, First Assistant City Attorney Alison Logan,Assistant City Secretary Rebecca Huerta. 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 September 11, 2013 as "9/11 Day of Service & Remembrance" Proclamation declaring September 2013 as "National Senior Center Month" Mayor Martinez presented the the Proclamations. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and called for City Manager comments. City Manager Ron Olson reported on the following issues: 1) Corpus Christi Police Department(CCPD)held the 2nd Annual Patriot Run last weekend,and the funds raised go to the Police Foundation;2)CCPD also Corpus Christi Page 1 Printed on 911212013 City Council Meeting Minutes September 10,2013 participated in Operation KEYS; City hosted the 2013 TAAF games,with 8600 participants and 21,000 visitors,and 2-year economic impact is approximately $16 million; 3)Continuous Improvement Team will be studying the Fire Department,and is interviewing consultants now for an efficiency study.4) There are five finalists for the ACM for Public Works position. Background checks are being done and interviews will be scheduled in 2-3 weeks; 5) Laura Garcia has been appointed the Director of Libraries; 6)Staff is investigating the pros and cons of changing of the fiscal year to end in September. They will schedule a workshop to discuss. 7)Whataburger Field is ranked No.6 in the nation among minor league baseball stadiums. 8)the Public Information Department received 2nd place for the City's newsletter in a national competition.9)Staff is taking a comprehensive look at the City's litter program, including plastic bags. A legal review is taking place now. A team will evaluate enforcement practices and will bring to City Manager on October 1. Staff will vet with stakeholders and then present to Council. 10)Staff is compiling an RFP for privatizing the planning department and will report back to Council. 11) Director of Wastewater Foster Crowell has retired on short notice. Mr. Olson will take this opportunity to look at consolidating all water utilities. He asked Director of Water Gus Gonzalez to cover both water and wastewater for now. 12)City Attorney Carlos Valdez has announced his retirement. Mr. Olson will probably conduct an internal and external search for a replacement. 13) Mr. Olson attended an economic development corporation breakfast. He said great things are happening in City,with more investment and growth in the area. 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. Mayor Martinez called for public comment. Carolyn Moon spoke in support of the plastic bag ban and was glad staff was working on improvements to the litter ordinance. Susie Luna Saldana thanked the Council for bringing the Destination Bayfront issue to the voters;and said she was disappointed when elected officials don't respect each other's positions or other viewpoints. Johnny French read language from the muniicpal code about the Packery Channel project,and said the City was not honoring the commitment regarding parking and bathhouse.Therefore he distrusted staffs commitments regarding Destination Bayfront. Abel Alonzo spoke regarding the Texas Rehab Actio Center's Walk and Roll event on Saturday,September 28 at 8 a.m.Wilson Wakefield spoke regarding traffic concerns associated with Destination Bayfront project. Mary Ann Kelley with Taxpayers Assocation spoke in opposition to League of Women Voters;supports desalinization instead of water pipline;and asked for full disclosure regarding Destination Bayfront. Juan Araiza was opposed to Councilmember Loeb's attacks of other councilmembers' positions;asked Mr. Magill for an appointment to discuss Ms.Saldana;and questioned whether Mr. Loeb had an financal interest in marina development. Corpus Christi Page 2 Printed on 911212013 City Council Meeting Minutes September 10,2013 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 SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. H. EXECUTIVE SESSION: (ITEM 4) Mayor Martinez deviated from the agenda and called for Item 4.The Council went into executive session. 4. Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from a business prospect that the City Council seeks to have locate, stay, or expand within the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect, with possible discussion and action in open session This E-Session Item was discussed in executive session. FIRST READING ORDINANCES: (ITEM 26) 26. First Reading Ordinance - Reestablishing Industrial Districts and authorizing City Manager to execute Industrial District Agreements for a ten year period. Ordinance authorizing the reestablishment of land areas located within the extraterritorial jurisdiction of the City of Corpus Christi, Texas as Industrial Districts; reserving and preserving all rights, powers and duties of the City Council; authorizing the City Manager, or designee, to execute Industrial District Agreements by and between the City and various property owners located within the extraterritorial jurisdiction of the City. The Council returned from executive session. Mayor Martinez deviated from the agenda and called for Item 26. Ms. Toby Futrell stated that the purpose of the item was to reestablish the industrial districts within the City's Corpus Christi Page 3 Printed on 911212013 City Council Meeting Minutes September 10,2013 extraterritorial jurisdiction and renewing agreement with new terms with industrial district partners for a ten year period, beginning January 2015 to December 2024. Ms. Futrell made a presentation in which she defined "industrial district"; discussed the city's history; negotiation goals and strategy; processes and outcomes. She introduced Ms. Deborah Gibson with CITGO,who spoke on behalf of the industrial district partners,supported the proposed industrial agreement presented by staff. Mayor Martinez asked for public comment. Abel Alonzo spoke in support of the item,and asked how the industrial district agreements enhanced economic development. Mayor Martinez called for Council comment. Councilmembers spoke regarding the following issues: in support of staffs recommendation to use a portion of new revenues for street maintenance program; and thanked the group for good teamwork. Assistant City Secretary Rebecca Huerta noted that Councilmember Riojas had submitted a conflict of interest affidavit and was abstaining from the vote. This Ordinance was passed on first reading and approved 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 Abstained: 1 - Council Member Riojas EXECUTIVE SESSION: (ITEMS 2, 4 and 5) Mayor Martinez deviated from the agenda and the Council went back into executive session on Items 2,3,and 5. 2. Executive Session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the evaluation of the City Secretary with possible discussion and action in open session. This E-Session Item was discussed in executive session 3. Executive session pursuant to Section 551.072 to deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the City of Corpus Christi in negotiations with a third person. This E-Session Item was discussed in executive session 5. Executive Session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the evaluation of the following Municipal Court Judges: Presiding Judge Flores, Judge Alaniz, Judge Baytek, Judge Henderson, Judge Gonzalez, Judge Matt, Judge O'Hare, Judge Rivera, Judge Rogoff-Klein, Judge Robinson, and Judge Tamez, and City Auditor Arlena Sones. This E-Session Item was discussed in executive session I. MINUTES: Corpus Christi Page 4 Printed on 911212013 City Council Meeting Minutes September 10,2013 6. Regular Council Meeting of August 27, 2013 Mayor Martinez called for approval of the minutes. Councilmember Magill made a motion to approve the minutes as presented,seconded by Ms. McIntyre,and passed. J. BOARDS &COMMITTEE APPOINTMENTS: 7. Airport Board City Council's Youth Advisory Committee Commission on Children and Youth Senior Companion Program Mayor Martinez called for board and committee appointments. The following appointments were made: Airport Board -Mary Helen Dunnam (Appointed) City Council's Youth Advisory Committee-Justine Borchard, Kyle Hill, Leslie Rae Salomon, Ernest E. Buitron II,Andrea Hernandez, Benjamin Godinez, Caroline Ellis, Carl Jacob Hartwick, Mary Hubert, Nicholas E. Garza, Olivia Hinojosa, Olivia Rose Noble, Keith Ropers, Kaitilyn Hamling, Krishna Patel, Kyla Vina, Carlos Olvera, Joshua Ferrell,Alisha Beirne,Juan Gilberto Fuentes, Victoria Thomas, Eric Silguero,and Francisca Ricardo(Appointed) Commission on Children and Youth -David Dow and Brent Norman (Appointed) Senior Companion Program Advisory Committee-Shirley Seitz, Martha Wild (Reappointed);Tami Longino and Brian Rosas(Appointed). K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 8 - 12) Mayor Martinez called for the consent agenda. There were no comments from the public. Councilmember(s) requested that Item 8 be pulled for discussion. Approval of the Consent Agenda A motion was made to approve the Consent Agenda.The motion carried by 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 9. Annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS) Motion authorizing the City Manager or his designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS), U.S. Department of Corpus Christi Page 5 Printed on 911212013 City Council Meeting Minutes September 10,2013 the Interior, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $158,462. This Motion was passed on the Consent Agenda. Enactment No: M2013-137 10. Recommendation of"Red Route" as preferred alternative route for the replacement of the Harbor Bridge Resolution to recommend a preferred alternative route for the replacement of the Harbor Bridge. This Resolution was passed on the Consent Agenda. Enactment No: 029943 11. Amending the FY2013-14 Consolidated Annual Action Plan (CAAP) due to the final allocation of funds being received from the United States Department of Housing and Urban Development Motion to amend the 2013 Consolidated Annual Action Plan (CAAP) approved by the U.S. Department of Housing and Urban Development (HUD) to increase the Community Development Block Grant Program by $265,242, increase the HOME Investment Partnerships Program by $6,880, and reduce the Emergency Solutions Grant Program by $62,189; and to authorize the City Manager or designee, following the conclusion of the comment period required by HUD, to amend the FY2013 CAAP by accepting the allocation changes and recommendations by staff; and to execute all necessary documents with HUD and the CAAP grantees. This Motion was passed on the Consent Agenda. Enactment No: M2013-138 12. Second Reading Ordinance - Rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District, on property located at 2317 Rodd Field Road (1st Reading 8127113) Case No. 0713-06 Bay Area Self Storage of Corpus Christi Manager, LLC: A rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District, not resulting in a change to the Future Land Use Plan, on property described as being a 4.29-acre tract of land out of Lot 21A, Block 2, Windbrook Unit 2, located along the west side of Rodd Field Road, approximately 135 feet north of Cano Lane. Planning Commission and Staff Recommendation (July 31, 2013) Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Corpus Christi Page 6 Printed on 911212013 City Council Meeting Minutes September 10,2013 Ordinance Ordinance amending the Unified Development Code upon application by Bay Area Self Storage of Corpus Christi Manager, LLC, acting as agent on behalf of Bay Area Self Storage of Corpus Christi, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 4.29-acre tract of land out of Lot 21A, Block 2, Windbrook Unit 2 from the "IL" Light Industrial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 029944 8. Approval of Nueces River Authority's FY 13-14 work plan Motion to authorize the City Manager or designee to execute work plan and budget agreement with the Nueces River Authority to provide water planning, protection, development, and data management services to the City for FY 2013-2014. Mayor Martinez called for Item 8. A councilmember requested a flyover of the water areas in the Nueces River Authority. There were no comments from the public. This 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: M2013-136 M. PUBLIC HEARINGS: (ITEMS 13 - 14) 13. Public Hearing and First Reading Ordinance -Rezoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District, on property located south of La Quinta Road and bayward of the City limit line. Case No. 0713-05 Port of Corpus Christi Authority of Nueces County, Texas: A rezoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District on property described as being a 268.68-acre tract of land out of the Geronimo Valdez Survey, Abstract 269, the John Garreghty Survey, Abstract 139, the T.T. Williamson Surveys, Abstracts Nos. 284, 285, 286, 287, 288, and 289, and the State Mineral Tract Nos. 1, 11, and 12, located south of La Quinta Road and bayward of the City of Corpus Christi city limit line. Planning Commission and Staff Recommendation (July 31, 2013) Corpus Christi Page 7 Printed on 911212013 City Council Meeting Minutes September 10,2013 Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District Ordinance Ordinance amending the Unified Development Code upon application by the Port of Corpus Christi Authority of Nueces County, Texas ("Owner"), by changing the UDC Zoning Map in reference to a 268.68-acre tract of land out of the Geronimo Valdez Survey, Abstract 269, the John Garreghty Survey, Abstract 139, the T.T. Williamson Surveys, Abstracts Nos. 284, 285, 286, 287, 288, and 289, and the State Mineral Tract Nos. 1, 11, and 12, from the "RS-6" Single-Family 6 District to the "I H" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez called for Item 13. Annika Gunning with Development Services stated that the purpose of the item was to rezone the property to allow for heavy industrial uses. Councilmember Scott made a motion to open the public hearing,seconded by Mr. Garza,and passed. There were no comments from the public or the Council. Councilmember Scott made a motion to close the public hearing,seconded by Mr. Magill,and passed. This Ordinance was heard on public hearing and passed on first reading 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 14. Public Hearing and First Reading Ordinance -Rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District, on property located at 2301 Agnes Street. Case No. 0813-01 Stuart Spigel: A rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lots 1-24, Block 8, Patrick-Webb Addition, located between Agnes and Marguerite Streets and between Twentieth and Twenty-first Streets. Planning Commission and Staff Recommendation (August 14, 2013): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon application by Stuart Spigel, acting as agent on behalf of SPS Texas Centers, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to Lots 1-24, Block 8, Patrick-Webb Addition, from the "IL" Corpus Christi Page 8 Printed on 911212013 City Council Meeting Minutes September 10,2013 Light Industrial District to the "CG-2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 14. Annika Gunning with Development Services stated that the purpose of the item was to rezone the property to allow commercial and public uses in an existing shopping center. Councilmember Loeb made a motion to open the public hearing,seconded by Mr. Magill and passed. There were no comments from the Council or the public. Councilmember McIntyre made a motion to close the public hearing, seconded by Mr.Scott,and passed. This Ordinance was heard on public hearing and passed on first reading 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 N. REGULAR AGENDA: (ITEMS 15 - 17) 15. Second Reading Ordinance - Rezoning from the "IL" Light Industrial District to the "IC" Industrial Compatible District, on properties located on Brezina Road between Weber and Bratton Roads (1st Reading 8127113) Case No. 0713-01 City of Corpus Christi: A rezoning from the "IL" Light Industrial District to the "IC Industrial Compatible District on property described as being a 1.205-acre tract of land out of Lot 4A, Block 1, and all of Lots 4B and 4C, Block 2, Brezina Farm Tracts, located along Brezina Road, approximately 1,400 feet south of Bratton Road. Planning Commission and Staff Recommendation (July 31, 2013) Approval of the change of zoning from the "IL" Light Industrial District to the "IC Industrial Compatible District. Ordinance Ordinance amending the Unified Development Code, upon initiation by the City of Corpus Christi, Texas, by changing the UDC Zoning Map in reference a 1.205-acre tract of land out of Lot 4A, Block 1, and all of Lots 4B and 4C, Block 2, Brezina Farm Tracts, from the "IL" Light Industrial District to the "IC" Industrial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 15. There were no comments from the public or the Council. This Ordinance was passed and approved on second reading with the following vote: Corpus Christi Page 9 Printed on 911212013 City Council Meeting Minutes September 10,2013 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: 029945 16. Second Reading Ordinance -Amending City Code, revising the City's Water Resource Management Ordinance (1st Reading 8127113) Ordinance amending City Code of Ordinances, Chapter 55, Article XI Water Resource Management, regarding water resource management including drought restrictions and surcharges, providing an effective date; and providing for penalties. Mayor Martinez referred to Item 16. Brent Clayton with the Water Department stated that the purpose of the item was to amend the water resource management ordinance. He said that staff was recommending revisions to the ordinance prior to second reading related to the termination of water service, and when the measures went into effect. Councilmember Scott made a motion to amend the ordinance prior to second reading as proposed by staff, seconded by Ms. McIntyre,and passed. There were no comments from the public. This Ordinance was passed on second reading as amended 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: 029946 17. Emergency Ordinance -Adopting the Fiscal Year 2014 Property Tax Rate Ordinance setting a property tax rate of$0.585264 per$100 valuation which is effectively a 10.63% increase over the effective tax rate; and declaring an emergency. Mayor Martinez referred to Item 17. Councilmember Scott made a motion that the property tax rate be increased by the adoption of a tax rate of$0.585264 per $100 valuation,which is effectively a 10.63 percent increase in the tax rate; seconded by Mr. Loeb,and passed. This Ordinance was passed on emergency and approved 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 Corpus Christi Page 10 Printed on 911212013 City Council Meeting Minutes September 10,2013 Enactment No: 029947 O. FIRST READING ORDINANCES: (ITEMS 18 -26) 18. First Reading Ordinance -Accepting and appropriating the 2014 Selective Traffic Enforcement Program grant from the Texas Departmant of Transportation (TXDOT) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of$96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI) and Speed enforcement overtime, with a city match of$48,041.33, for a total project cost of$144,439.23 and appropriating $96,397.90 in the No. 1061 Police Grants Fund. Mayor Martinez referred to Item 18. Capt. Mark Gutierrez with the Police Department stated that the purpose of the item was to accept a Selective Traffic Enforcement grant to fund overtime for DWI and speed enforcement. There were no comments from the public. This Ordinance was passed on first reading 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 19. First Reading Ordinance -Accepting and appropriating a Regional grant for WebEOC Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Council in the amount of$30,000 for the benefit of the City's WebEOC operations; and appropriating $30,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. Mayor Martinez referred to Item 19. Fire Chief Robert Rocha stated that the purpose of the item was to accept a grant to fund WebEOC operations. There were comments from the public. This Ordinance was passed on first reading 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 20. Second Reading Ordinance -Construction contract for Fire Corpus Christi Page 11 Printed on 911212013 City Council Meeting Minutes September 10,2013 Station No. 5 Relocation Re-Bid (Bond 2008) (1st Reading 9/10/13) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer$181,690 in programmed project savings from Project No. 140232 New Fire Station in area of Holly/Saratoga and Ayers to Project No. 140231 Relocation of Fire Station No. 5 Project and authorizing the City Manager, or designee, to execute a Construction Contract with Safenet Services of Corpus Christi, Texas for the Fire Station No. 5 Relocation Re-Bid (Bond 2008) project in the amount of $1,777,037.00 for the Base Bid plus Additive Alternates C, E, F, I, J and K. Mayor Martinez referred to Item 20. Fire Chief Rocha stated that the purpose of the item was to award a construction contract for Fire Station No. 5 relocation re-bid project. Councilmembers spoke regarding the following issues: any additional savings from Bond 2008;status of work completed on Holly/Saratoga/Ayers. There were no comments from the public. This Ordinance was passed on first reading 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 21. First Reading Ordinance -Appropriating funds for park improvements and other related projects Ordinance appropriating $410,468.46 in developer contributions and $766.93 in interest earnings for a sum of$411,235.39 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Mayor Martinez referred to Item 21. Director of Parks and Recreation Michael Morris stated that the purpose of the item was to appropriate funds received from developer fees and interest in the Community Enrichment Fund so that the funds would be available for associated projects. Councilmembers asked for clarification on how the funds were allocated and how they could be used.. There were no comments from the public. This Ordinance was passed on first reading 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 22. First Reading Ordinance - Funding the creation of a strike force for minor emergency maintenance items Ordinance appropriating $296,500 from the Unreserved Fund Balance in the No. 1020 General Fund Reserve to be used for emergency Corpus Christi Page 12 Printed on 911212013 City Council Meeting Minutes September 10,2013 maintenance employees and equipment; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase appropriations by $296,500. Mayor Martinez referred to Item 22. Director of Parks and Recreation Michael Morris stated that the purpose of the item was to fund the creation of a Strike Force to handle minor emergency maintenance items from the City Manager's Office for expedited action. He said the project would include a inspection program,and a four-member team to handle the requests. He said the types of projects could include mowing, high weeds,and litter. He said the program would concentrate on certain areas,and also discussed the process flow and budget. City Manager Olson added that staff would discuss how to define success over the course of the first year,and set goals. They would bring back a plan in six months. Councilmembers spoke regarding the following issues: issues with call center phone service over the weekend for pickup of a dead opossum; adding a feature to the CCMobile App that shows when issues are resolved;staff training. Mayor Martinez asked for public comment. Abel Alonzo expressed concern that the program would only focus on certain parts of town. This Ordinance was passed on first reading 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 23. First Reading Ordinance -Changing Born Street from one-way traffic to two-way traffic Ordinance amending Section 53-250 of the Code of Ordinances to delete "Born Street, between Water Street and Chaparral Street" from Schedule I, One-way streets and alleys; providing for penalties; providing for severance; and providing for publication. Mayor Martinez referred to Item 23. City Engineer Dan Biles stated that the purpose of the item was to change Born Street between Water Street and Chaparral Street from one-way traffic to two-way traffic. There were no comments from the public or the Council. This Ordinance was passed on first reading 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 24. First Reading Ordinance - Granting a Revocable Easement to allow a pipeline to cross two tracts of City owned land Ordinance granting a Revocable Easement to TexStar Midstream Utility, LP to construct, operate, maintain, repair and remove one (1) 12-inch pipeline across two tracts of City owned land located southwest of the O.N. Stevens Water Treatment Plant; for the amount Corpus Christi Page 13 Printed on 911212013 City Council Meeting Minutes September 10,2013 of $70,000 paid to the City; authorizing the City Manager or designee to execute the Revocable Easement instrument and other related documents for the conveyance of the revocable easement. Mayor Martinez referred to Item 24. City Engineer Dan Biles stated that the purpose of the item was to convey a revocable easement to TexStar Midstream Utility, LP that would enable them to cross the City's two tracts of land with a 12-inch pipeline. There were no comments from the Council or the public. This Ordinance was passed on first reading 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 25. First Reading Ordinance -Approving agreement and reimbursement for construction of a water arterial transmission and grid main line Ordinance authorizing execution of a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Kitty Hawk Development LTD., ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $30,691.40 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Mayor Martinez referred to Item 25. Julio Dimas with Development Services stated that the purpose of the item was to allow Kitty Hawk Development LTD to install a 415 linear feet of a 12-inch water arterial grid main extension to provide adequate water to a proposed residential subdivision. Councilmembers asked about the status to of the trust funds. City Manager Olson said staff would schedule a presentation to discuss status of trust funds,which he understood were solvent. There were no comments from the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Allen Abstained: 0 P. FUTURE AGENDA : (ITEMS 27 -32) Mayor Martinez referred to the Future Agenda. City Manager Olson stated that staff had presentations on Items 31 and 32. 27. Service Agreement for Pump & Motor Repairs at water treatment plant Corpus Christi Page 14 Printed on 911212013 City Council Meeting Minutes September 10,2013 Motion approving a service agreement with Smith Pump Company, Inc., Woodway, Texas, based on best value, in accordance with Request for Proposal BI-0120-13, for an estimated annual expenditure of $664,260 of which $553,550 is budgeted in FY 2013/2014. The term of the agreement will be for one year and will automatically be extended for up to two additional one-year periods, subject to the approval of the service provider and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2013/2014. This Motion was recommended to consent agenda 28. Service Agreement for Workers' Compensation Third-Party Administrator Services Motion approving a service agreement with York Risk Services Group, Inc. of Corpus Christi, Texas for workers' compensation third-party administration services, in accordance with Request for Proposal Number BI-0063-13, based on lowest responsible proposal, for an estimated one-year expenditure of$329,290, of which $301,849.17 is required for FY13/14. The term of the service agreement will be for one year with an option to extend for up to three additional one-year periods subject to the approval of the service provider and the City Manager or designee. This service will be used by the Risk Management Division of the Legal Department in administering the City's workers' compensation claims. Funding is available in the Liability and Employee Benefits Workers' Compensation Fund for FY13/14. This Motion was recommended to consent agenda 29. Use of Permanent Art Trust funds to complete sculpture installation and identification Motion to approve an $9,920 expenditure from the Permanent Art Trust Fund for expenses related to fabrication, re-installation, and identification of Chin art sculpture at the American Bank Center on the Corpus Christi Bay Front. This Motion was recommended to consent agenda 30. Contract Amendment No. 1 for Water Conservation Outreach Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with dlo Three Dimensional Development, LLC of Corpus Christi, Texas in the amount of$30,000.00, for a total restated fee not to exceed $78,500.00 for Water Conservation Outreach. This Motion was recommended to consent agenda Corpus Christi Page 15 Printed on 911212013 City Council Meeting Minutes September 10,2013 31. Construction Contract-for Corpus Christi International Airport (CCIA) 17-35 Runway Navigational Aids Motion authorizing the City Manager, or designee, to execute a Construction Contract with Bay, Ltd. of Corpus Christi, Texas for the Corpus Christi International Airport (CCIA) 17-35 Runway NAVAIDs (Navigational Aids) project in the amount of$857,863.80 for the Base Bid plus Additive 2. This Motion was recommended to regular agenda 32. Approval of Change Order No. 6 for Corpus Christi International Airport Runway 17-35 Extension/Displacement and Connecting Taxiway Project Motion authorizing the City Manager, or designee, to execute Change Order No. 6 to the Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $641,521.50 for a total restated fee not to exceed $14,370,427.09, for the Corpus Christi International Airport (CCIA) Runway 17-35 Extension/ Displacement and Connecting Taxiway Project. This Motion was recommended to regular agenda Q. BRIEFINGS TO CITY COUNCIL: (NONE) R. ADJOURNMENT Mayor Martinez adjourned the meeting at 5:32 p.m. Corpus Christi Page 16 Printed on 911212013 SC o° AGENDA MEMORANDUM Future item for the City Council Meeting of September 10, 2013 2 Action item for the City Council Meeting of September 17, 2013 �s�� Y 9 p DATE: September 10, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikebCcDcctexas.com (361) 826-3169 Gustavo Gonzalez, Director of Water Operations g ustavogoCo?cctexas.com 361-826-1874 Pump & Motor Repairs CAPTION: Motion approving a service agreement with Smith Pump Company, Inc., Woodway, Texas, based on best value, in accordance with Request for Proposal BI-0120-13, for an estimated annual expenditure of $664,260 of which $553,550 is budgeted in FY 2013/2014. The term of the agreement will be for one year and will automatically be extended for up to two additional one-year periods, subject to the approval of the service provider and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2013/2014. PURPOSE: This service will provide the repairs necessary to ensure the pumps and motors at the O. N. Stevens Water Treatment Plant and in the City's distribution system are in good working order. BACKGROUND AND FINDINGS: Large-volume pumps and motors are used at the O. N. Stevens Water Treatment Plant to move raw water into and treated water through the City's potable water system. Ensuring this equipment is properly serviced and repaired, when necessary, is integral to the proper operation of the Plant and to providing the City with a clean, safe and dependable potable water supply. ALTERNATIVES: Continue to secure these services on a repair-by-repair basis. However, this alternative results in City personnel costs and delays in repairs associated with obtaining bids. This agreement will eliminate those costs and delays by securing the services under contract. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $700,000.00 $110,710.00 $810,710.00 Encumbered / Expended Amount $73,214.13 $0.00 $73,214.13 This item $553,550.00 $110,710.00 $664,260.00 BALANCE $73,235.87 $0.00 $73,235.87 Fund(s): Water Comments: The $553,550.00 financial impact shown above represents ten (10) months of payments that will be encumbered through the end of this fiscal year. The remaining $110,710.00 for the last two (2) months of the service agreement will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Summary Evaluation Matrix Service Agreement U Z W Z p = O U 0 0 0 0 0 0 Q o � N (O r- O � N � N 0 O co co N 'L W U J to W Q X o W U O 0 0 0 0 � 0 co J LO O O °O LO co X M 7 O O O 4 U' ~ CO O (D O Z N L +L-+ 0 U Q _ v) CL W U O 0 .2 H m U O > z 0 0 0 0 0 0 CL O N 0 ° 0 N 0 U M N N O o~0 w p = � N CL Cj) > co U 2 O a� EL E O O O O O O u M M M O O N cc CO r O N M L r � O N N C O +o O i CO � (j m 0 Z o +± cn co Q c O •- U a -a � U U � � co cn U p Q C a) Q d O L O 07 !° c O ? L cc LL LL Q W cu L ° a� E N O O = U(n 0 Q U O 0 p ,U U SERVICE AGREEMENT PUMP AND MOTOR REPAIR SERVICES Service Agreement No. THIS PUMP AND MOTOR REPAIR SERVICES Agreement (this "Agreement") is entered into by and between SMITH PUMP COMPANY (the "Contractor') and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee ("City Manager), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide PUMP AND MOTOR REPAIR SERVICES in response to RFP No. BI-0120-13 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the most advantageous proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide PUMP AND MOTOR REPAIR SERVICES in accordance with RFP No. BI-0120-13 and for the fees set out as follows: TO BE DETERMINED. 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one-year thereafter. The term includes two (2) one- year automatic extension periods. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all has of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the O.N. Stevens Plant Manager. 4. Independent Contractor. Contractor will perform the services hereunder as an independent Contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant a r e mployee of the Contractor be considered an employee oft e City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the City of Corpus Christi Risk Manager will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement byte Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion oft e City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31'), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or RFP No. 1311-0120-13, or the Contractor's proposal in response to RFP No. BI-0120-13 waives any subsequent breach oft same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out o f t his Agreement is the law of Texas and such for and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the or performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the O.N. Stevens Plant Manager. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees o f t he Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees tote same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in RFP No. 1311-0120-13. Failure to keep all insurance policies in force forte entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice o f t he breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement on twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty- four (24) hours' written notice tote Contractor for failure to pay or provide proof of payment of taxes as set out herein. 2 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (115) as of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, an delivery or certified mail, postage prepaid, and is received on the day faxed or an and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: O.N. Stevens Plant Mgr. P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor Contact Anw. Twwr ffow Address: �tA--B 10v�m4L- City,State,Zip LODMU3,V 1% 701'4- 17. Month-to-Month Extension. If the it has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions o f t his Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE 3 OR ANY OTHER KIND , INCLUDING ALL EXPENSES OF LITIGATION,. COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS m ARISE OR ARE CLAIMED m IN m WITH AGREEMENT OR THE PERFORMANCE OF THIS , REGARDLESS OF WHETHER THE INJURIES, CLAIMED m m NEGLIGENCE INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE INDEMNITEES UNMIXED WITH . CONTRACTOR MUST, AT ITS , INVESTIGATE ALL CLAIMS DEMANDS, ATTEND TO THEIR mm , DEFEND ALL ACTIONS m SATISFACTORY INDEMNITEES AND ALL OTHER COSTS AND EXPENSES OF ANY KIND mm SAID m m m f LOSS, CLAIMS, ACTIONS. INDEMNIFICATION OBLm m m SECTION SHALL SURVIVE m m TERMINATION m SIGNED this 17 day of 20 t Contractor: ee CITY OF CORPUS CHRISTI ("CITY") Michael Barrera Date Assistant Director of in ncial Services Incorporated by Reference: Exhibit e RFP No. BI-01 ®1 Exhibit a Pro poser's Proposal Cyr 0 � AGENDA MEMORANDUM �oPO�a EO Future Item for the City Council Meeting of September 10, 2013 1852 Action Item for the City Council Meeting of September 17, 2013 DATE: September 10, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikebp_cctexas.com 361-826-3169 Carlos Valdez, City Attorney carlosv cctexas.com 361-826-3360 Workers' Compensation Third-Party Administrator Services CAPTION: Motion approving a service agreement with York Risk Services Group, Inc. of Corpus Christi, Texas for workers' compensation third-party administration services, in accordance with Request for Proposal Number BI-0063-13, based on lowest responsible proposal, for an estimated one-year expenditure of $329,290, of which $301,849.17 is required for FY13/14. The term of the service agreement will be for one year with an option to extend for up to three additional one-year periods subject to the approval of the service provider and the City Manager or designee. This service will be used by the Risk Management Division of the Legal Department in administering the City's workers' compensation claims. Funding is available in the Liability and Employee Benefits Workers' Compensation Fund for FY13/14. PURPOSE: This service provides administrative services of all of the City's workers' compensation claims. BACKGROUND AND FINDINGS: The City of Corpus Christi is self-insured for workers' compensation exposures. The Third-Party Administrator (TPA) is responsible for the management of all services required in the administration of workers' compensation claims. Services include but are limited to; claims administration, investigation, bill review, pharmacy, case management, coordination of peer reviews & designated doctor and pre-authorization (pre-certification). In addition to claims administration and coordination of ancillary services, the TPA is contracted to provide statutorily required workers' compensation benefits to City employees. The TPA stores claims data electronically, thus allowing Risk Management to generate analytical reports which illustrate specific trends. The reports are used to identify the types of injuries that are occurring, the amount paid on injuries, high risk areas, training needs, etc. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The City received proposals from 1-2-1 Claims of Helotes, Texas and Texas Political Subdivisions, JSIF of Dallas, Texas. Both firms have been deemed as non-responsive for failure to meet the minimum requirements of the RFP. CONFORMITY TO CITY POLICY: This award conforms to all State statutes and City Policy governing procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $2,793,053.00 $27,440.83 $2,820,493.83 Encumbered / Expended Amount 0 0 0 This item 1 301,849.17 1 27,440.831 329,290.00 BALANCE $2,491,203.83 0 $2,491 ,203.83 Fund(s): Liability and Employee Benefits Workers' Compensation Fund Comments: The $301,849.17 financial impact shown above represents eleven (11) months of payments that will be encumbered through the end of this fiscal year. The remaining 27,440.83 for the last one (1) month of the service agreement will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends award of the contract as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement City of Corpus Christi RFP -Workers' Compensation Third-Party Administrator Services Purchasing Division Price Sheet Senior Buyer: Elisa Covington Request for Proposal No.: BI-0063-13 Council Date: September 17, 2013 York Risk Services Group, Inc. TRISTAR Risk Management, Inc. Corpus Christi, Texas Corpus Christi, Texas Workers' Compensation Claim Fees $209,540.00 $232,094.65 Administration Fees $119,750.00 $138,000.00 Total Award $329,290.00 $370,094.65 Note: The City received proposals from 1-2-1 Claims of Helotes,Texas and Texas Political Subdivisions,JSIF of Dallas,Texas. Both firms have been deemed non-responsive for failure to meet the minimum requirements of the RFP. SERVICE AGREEMENT WORKERS' COMPENSATION THIRD-PARTY ADMINISTRATOR SERVICES Service Agreement No. THIS WORKERS' COMPENSATION THIRD-PARTY ADMINISTRATOR SERVICES A-reement (this "Agreement") is entered into by and between York Risk Services Group, Inc. (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee ("City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide WORKERS' COMPENSATION THIRD- PARTY ADMINISTRATOR SERVICES in response to RFP No. BI-0063-13 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide WORKERS' COMPENSATION THIRD-PARTY ADMINISTRATOR SERVICES in accordance with RFP No. BI-0063-13. 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one year thereafter. The term includes an option to extend for up to three additional twelve-month periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Risk Manager. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. The Contractor shall represent the City in dealings with third parties, such as claimants. The Contractor will retain allocated loss expenses vendors, such as defense counsel, on behalf of the City. Therefore, Contractor shall be deemed the agent of the City for the sole and limited purpose of serving as the City's Workers' Compensation Third Party Administrator as set forth herein and to the extent of the authority granted herein. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Risk Manager will be given at least thirty (30) days' notice, by certified mail, of 17 cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31'), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or RFP No. BI-0063-13, or the Contractor's proposal in response to RFP No. BI-0063-13 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Risk Manager. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in RFP No. 131-0063-13. Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty-four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 18 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy.The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Risk Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor York Risk Services Group, Inc. Contact Jody GrU, Senior Vice President & Peter Lind, Senior Vice President Address: 99 Cherry Ijill Road City, State, Parsippany NJ 07054 17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (11INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO A 19 RISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this 23 day of April, 2013. Contractor York Risk Services Group, Inc. Jody Gray Title: Senior Vice President CITY OF CORPUS CHRISTI ("CITY" Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: RFP No. BI-0063-13 Exhibit B: Proposer's Proposal. 20 { AGENDA MEMORANDUM ¢k6RY Future Item for the City Council Meeting of September 10, 2013 1852 Action Item for the City Council Meeting of September 17, 2013 DATE: August 12, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361-826-3494 Use of Permanent Art Trust funds to complete sculpture installation and identification CAPTION: Motion to approve an $9,920 expenditure from the Permanent Art Trust Fund for expenses related to fabrication, re-installation, and identification of Chin art sculpture at the American Bank Center on the Corpus Christi Bay Front. PURPOSE: To approve Arts and Cultural Commission's recommendation to use Permanent Art Trust Funds for the fabrication and re-installation of a sculpture by Mel Chin at the American Bank Center on the Corpus Christi Bay Front. Also included are identifying plaques for each of the 5 sculptures. BACKGROUND AND FINDINGS: In December 2012, one of the 5 sculptures titled "Untitled History" by Mel Chin was vandalized as someone had stolen a portion of the sculpture by forcibly prying it off its base (see attachment). The artist agreed to re-create and install the missing portion of art for $8,800. Also recommended by the Arts and Cultural Commission are installation of 4 additional bronze plaques ($1,120) so that all of the 5 sculptures are properly identified. As per municipal code, disbursements from the Permanent Art Trust Fund are recommended by the Arts and Cultural Commission to the City Council for approval by motion. The Arts and Cultural Commission voted to recommend using Permanent Art Trust funds to fund the fabrication and installation of the Mel Chin art repair at their April 9, 2013 meeting, and the recommendation for the bronze plaques at their August 13, 2013 meeting. ALTERNATIVES: Do not approve funding request. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council action is required for use of Permanent Art Trust funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT: Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget 9,920 9,920 Encumbered / Expended Amount This item BALANCE 9,920 9,920 Fund(s): Community Enrichment Fund 4720 —Permanent Art Trust Comments: none RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Attachments — Photo of vandalized art by Mel Chin; 5 sculptures by Mel Chin. ATTACHMENT A-1 Agreement with artist Mel Chin to replace one element of original artwork that was stolen Dfj t } � l '" �✓ r ,rim G t sw S � ��r � ts� a. #I �� r xy>�. '�' ,*m-r u f � ,r � ;' 1t r 3 c r" r�,c � � r,✓ f �a��s ATTACHMENT A-2 MEL CHIN,Artist "Untitled History" � � (American Bank Center outdoor areas) The five works depict the heritage of Corpus Christi. t, 6, d The mail torso refers to ,yfK a famous African American cowboy from Texas. ll The dress is a reference to the Irish immigrants who settled in the area. lo The gauntlet references the early Spanish explorers. 4r °, �t t"iJ �J i5is¢I n ry rktr,G,irttg€�r�, z<,r uzlrt� �r{��sl�,,,.1��1sjs'�f�9rlr,rr.��,;,�r�,��tz.JW nJr!�l a s; � �ry� �-, �� 3�s� ✓ The dog who waits at his masters feet is an homage to the Karankawa Indians,the coast's first inhabitants. The name Karankawa is generally thought to mean dog-lovers or dog- The hard hat refers to the current raisers. active oil production. se cc AGENDA MEMORANDUM ¢k6RY� Future Item for the City Council Meeting of September 10, 2013 ss Action Item for the City Council Meeting of September 24, 2013 DATE: August 27, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Gustavo Gonzalez, P.E., Director of Water Operations GustavoGo@cctexas.com (361) 826-1874 Engineering Professional Services Contract Water Conservation Outreach CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with dlo Three Dimensional Development, LLC of Corpus Christi, Texas in the amount of $30,000.00, for a total restated fee not to exceed $78,500.00 for Water Conservation Outreach. PURPOSE: The purpose of this Agenda Item is to execute the amended contract for the Water Conservation Outreach project. BACKGROUND AND FINDINGS: Since the City first started supplying its residents with water in the 1890s, the region has experienced several periods of drought. Over the years, supplies have been added and conservation measures have been strengthened to ensure water security for the residents and businesses of the region. However, with the variability of weather patterns in South Texas and a continually growing population, it is critical that the City plans for future drought conditions. Currently, the City's water supply system is comprised of three reservoirs: Lake Corpus Christi, Choke Canyon Reservoir and Lake Texana. However, the criteria to trigger drought response stages are based on the combined capacity of Lake Corpus Christi and Choke Canyon Reservoir. Since Choke Canyon Reservoir filled in June 1987, the combined storage of Choke Canyon Reservoir and Lake Corpus Christi has exceeded 60% capacity only about 62% of the time. The water storage levels in Choke Canyon Reservoir and Lake Corpus Christi have generally been 2-4% higher since Lake Texana supplies were added in October 1998. Even with the three reservoirs, the City still faces drought conditions. The City adopted a Drought Contingency Plan in June 2013 as part the Water Resource Management Ordinance. Stage 3 — Severe Water Shortage Condition will be implemented when the combined storage levels decline to below 30%. Combined storage levels are currently less than 35%. The Water Department has identified opportunities to educate the community on the value of water conservation. This initiative will leverage existing outreach efforts and develop new strategies to increase awareness of the importance of water conservation with the goal of minimizing water consumption to increase combined storage levels. This Amendment allows dlo Three Dimensional Development, LLC to continue current efforts and develop concepts for additional community outreach. ALTERNATIVES: 1. Execute the Contract amendment for Professional Services with dlo Three Dimensional Development, LLC as proposed. 2. Do not execute the Contract amendment for Professional Services with dlo Three Dimensional Development, LLC as proposed. OTHER CONSIDERATIONS: Stage 3 - Severe Water Shortage Condition is anticipated to be initiated in October 2013, provided current drought conditions continue. CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2013-2014 Water Operating Budget. Three Dimensional Development, LLC was selected based on qualifications, wide working knowledge of applicable project fundamentals and understanding of project requirements. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: ® Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year Project to Date Current Year Future Years TOTALS 2013-2014 Expenditures (2013-2014) Line Item Budget $48,500.00 $34,317.00 $82,817.00 Encumbered / Expended Amount $48,500.00 $48,500.00 This Item $30,000.00 $30,000.00 Future Anticipated Expenditures This Project $4,317.00 $4,317.00 BALANCE $0.00 $.00 $0.00 Fund: Water Operating Comments: The amendment Contract for Professional Services will result in the expenditure of an amount not to exceed $30,000.00. RECOMMENDATION: City Staff recommends approval of Amendment No. 1 to the Contract for Professional Services with dlo Three Dimensional Development, LLC of Corpus Christi, Texas in the amount of $30,000.00, for a total restated fee not to exceed $78,500.00 for Water Conservation Outreach. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PROJECT BUDGET Water Conservation Outreach PROJECT FUNDS AVAILABLE: Water Operating ... ... ... ......... ............. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. $82,817.00 FUNDS REQUIRED: Original Contract (dlo Three Dimensional Development, LLC)... ... ... ... ... ... ... ... . $48,500.00 Amendment No. 1 (This Amend.) (dlo Three Dimensional Development, LLC)... $30,000.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... ... ... ... ... ... . $1,177.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)... ... ... ... ... ... ... ... ... .. $1,766.00 Finance....... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. $981.00 Misc. (Printing, Advertising, etc.)..... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . $393.00 TOTAL... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... $82,817.00 PROJECT BUDGET BALANCE............................................................... $0.00 CITY OF CORPUS CHRIST[ AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and dlo Three Dimensional Development, LLC, hereinafter called "3DD," agree to the following amendment to the Contract for Professional Services for Water Conservation Outreach (Project No. E12217), as authorized and amended by: I Original A/E Agreement I December 17, 2012 1 Administrative A roval 1 $48,500.00 EXHIBIT "A", DELIVERABLES shall be amended to include continued efforts and development concepts for additional community outreach as specified in the attached Amendment No. 1 Exhibit "A". EXHIBIT "A", TIMING shall be amended as specified in the attached Amendment No. 1 Exhibit "A". EXHIBIT "A", COST shall be amended as specified in the attached Amendment No. 1 Exhibit "A", for a revised fee not to exceed $30,000.00 (Thirty Thousand Dollars and Zero Cents), for a total restated fee not to exceed 78,500.00 (Seventy-Eight Thousand Five Hundred Dollars and Zero Cents Monthly invoices shall be submitted in accordance with Amendment No. 1 Exhibit "B". All other terms and conditions of the December 17, 2012 contract between the City and 3DD will remain in full force and effect. CITY OF CORPUS CHRISTI dl THREE DI SIONAL DEVELOPMENT, LLC Mark Van Vleck, P.E., (Date) Debbie LindseOI56i V e (Date) Interim Assistant City Manager for 700 Everhart Road, Suite G-11 Public Works & Utilities Corpus Christi, Texas 78411 (361) 854-1300 Office RECOMMENDED dlo@3ddresults.com Daniel Biles, P.E (Date) Director of Engine , trvices M 9 O"tin e m6fhf (Date) ENTERED APPROVED 2013 Office of Management and Budget (Date) CUill RAU I MANAGER Project No. E12217 Fund Source No. 530()00-4()10-30020-E122.17 ATTEST Fund Name: Water 01?erg!Ln-q Encumbrance No. Armando Chapa, City Secretary AMEND. NO. I Pa e1 of.1 MENGWEERING DATAEXCHANGE�JENNIFERkWATERkEl2217 WATER CONSERVATION UTIATIVEMENDMENT NO.1=NTRACT\CONTRACT.DOCX Submitted by: d10 Three Dimensional Development,LLC THREE DIIMENSIO AL 700 Everhart,Suite G-11 DEVELOPMENT Corpus Christi,Texas 78411 nven e Connect 361,854.1300 dto@3ddresults.com Debbie Lindsey-Opel August 26,2013 President AMEND.N4.1 EXHIBIT"A" Page 1 of 4 Contents Overview.. ...................... ......... ......................................................................................... ......... . . .........3 Deliverables ...................................... . ............ ..—.........................,. ...........,.,..,,......,.................... ..........3 Timingand Cost.... ......... ............................................................. ...... .......................................... ...........4 AdditionalInformation................... ................................ ................................... ....... ..................... ...........4 loThree Dimensional Development,L.L.C. 700 Everhart,Suite G-11 Corpus Christi,Texas 78411. (361)854-1300 dlo 3ddresults.co m Water Department Outreach 8/26/2013 Page 2 of 4 AMEND.NO.1 EXHIBIT"A" Page 2 of 4 2 6 Overview The Corpus Christi Water Department continues to manage the implementation of the updated Water Conservation and Drought Management Plans adopted by the Corpus Christi City Council. Deliverables 3DD will work with the Water Department staff to continue current efforts and develop concepts for additional community outreach. We will actively participate in meetings for research and input. We will help identify key stakeholders and develop communication tools to reach those stakeholders. Strategy Deliverable Project Cost. DrOLIght Messaging/Facilitation Develop outreach materials for Stages 2 $15,000 and 3 of the drought.This includes facilitating and assisting the Water Department in meetings with key stakeholders and City Staff. Conservation Program Develop outreach strategies and $15,000 Outreach materials to promote and educate the public about conservation programs which would include various media outlets. dloThree Dimensional Development,L.L.G. 700 Everhart,Suite 0-11 Corpus Christi,Texas 78411 (361)854-1300 dloP3ddresults.cam Water Department Outreach 8/26/2013 Page 3 of 4 AMEND.NO.1 EXHIBIT"A" Page 3 of 4 Timing and Cost 3DD is available to begin work immediately. This work is anticipated to be completed prier to March, 2014. Cost for this initiative is$30,000. Additional Information Upon acceptance of this proposal,3DD and the designated Water Department liaison will established activities and work plans to achieve desired outcomes. Debbie Lindsey-Opel will be the principal contact on this initiative. elloThree Dimensional Development,L.L.C. 700 Everhart,Suite G-11 Carpus Christi,Texas 78411 (361)854-1300 dlo@3ddresults.com Water Department Outreach 8/26/2013 Page 4 of 4 AMEND.NO.t EXHIBIT"A" Page 4 of 4 L O € m a Q p 0 0 0 w O C 0 0 0 O M m m 0 0 cq N M V- N E E M i co m °'L a � v d °o °o ° ° 0 °o ° ° p p p 0 °O o 0 a o w V H H HLI) ° ° O H c ° � g0oo � °� mmm ° 0 • I- I- T ie 69� 0, Mi. 69 a — _ � ° ouo 0000pppo Lc) C) °n - � m m m � U) N E •50 r Q = 0 0 0 0 Co O O 1- O 1- P' LU ++ O O u! O U) O N N m m m d O et d7 U 0 0 Iti RA N O H H I.. Z Qi M M Od N OQ N O Ei1 EA d3 H cr) V III N 0 0 6 0 N � ° � 0 � 69- ° N m m m N tCN N ti d Z Z v Z N O N F- H I— N CO CO r 6 T EA LU > 10 600� � r = a IL o o O 2 °Et3 0 ° ° O tf? N ° in m m N O N N O O O c `= I— H F— `= o T- V Q _ •r O Co O O Op pO O O p p p O O O O 0 0 t°p tLo O 0 m lm— Co Q 0 0 0 C � N N � 6% N fA O Ul V m L d V U. 4)a. O N 04 m (a co �a O c E rn '� '' o +_ a� c m 0 0 E v °� O IA L i a o a � oS U m a maomvcn CL 3: EF0cncn 0 c 1— AMEND. NO. 1 EXHIBIT"B" Page 1 of SUPPLIER NUMBER TO BE ASSIGNED BY—C'TTY--- PUR61-1ASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons car firms seeking to do business with the City to provide the following information. Every uestion must be answered. if the question is not applicable, answer with IFINA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: din Three Dimensional Development,LLC P. 0.BOX: STREET ADDRESS: 700 Everhart Rd., Suite 0411 CITY: Corpus Christi ZIP: 78411 FIRM IS 1. Corporation 2, Partnership 3. Sole Owner E] 4. Association N 5. Other e' DISCLOSURE QUESTIONS If additional space is necessaq, please use the reverse side of this page or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus CSristi having an "ownership interest"constituting 3% or more of the ownership in the above named "firt-n." Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 31% or more of the ownership in the above named "firm." Name Title All jj- 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 33%or more ofthe ownership in the above named "firm." Nam Board, Con-11111 s j 11 Qonlmi tee 4. State the names of each employee or officer of a "Consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3% or more of the ownership in the above named"firm." Name M Consultant FILING REQUIRE,MENTS 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 I 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: Debbie Lindsey Copal Title: President (Tytsc or Print) �i Signature of Certifying � � _ I{ Date: 9 12 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 fill] 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. \Mprgject\councilexhibits\exhE1221'7.dwq / v. l / ji / J %%/ /li`� / r ill / � / / i✓ /l art ",` / Ro //p / i .. / /, �d$ �6 ,c •.a. / i it rr f a / r / , ✓ � ,� ��(57512 pw J��y / ,' f % 3/ / ! // ,- %%,';��' �;,; ::,': ,. ;,., �"''` .,"��� �fjZ.✓� �„s`s7l lrr li LOCATION MAP NOT TO SCALE' PROJECT#El 2217 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS WATER CONSERVATION OUTREACH DEPARTMENT OF ENGINEERING S£RWC S PAGE: 1 of 7 SC 0 o° AGENDA MEMORANDUM First Reading for the City Council Meeting of September 10, 2013 NaRa©Rp, Second Reading for the City Council Meeting of September 17, 2013 DATE: September 4, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826-3729 Fred Segundo, Director of Aviation freds @cctexas.com, (361) 289-0171 Approval of Construction Contract for Corpus Christi International Airport (CCIA) 17-35 Runway Navigational Aids CAPTION: Motion authorizing the City Manager, or designee, to execute a Construction Contract with Bay, Ltd. of Corpus Christi, Texas for the Corpus Christi International Airport (CCIA) 17-35 Runway NAVAIDs (Navigational Aids) project in the amount of $857,863.80 for the Base Bid plus Additive 2. PURPOSE: To award the construction contract, Base Bid and Additive Alternate #2, for the Corpus Christi International Airport (CCIA) 17-35 Runway Navigational Aids. BACKGROUND AND FINDINGS: Runway 17-35 is under currently under construction to provide safety improvements for runway air traffic. Work includes extending the runway to the north and displacement of the threshold at the southern end of the runway. The existing taxiways will be reconfigured to complete the project and provide a safer condition for traveling aircraft. This proposed project includes the construction of a service road to the Navigational Aids located on Runway 17-35, as required by the Federal Aviation Administration, for improved access and general maintenance. The Base Bid includes construction of access drives to the relocated Runway 17/35 Navigation Aids. This work will include asphalt paving, Concrete paving, rock base installation, grading, and minor drainage improvements. Additive Alternate No. 1 is comprised of the construction of the East General Aviation Apron Extension. This work will include concrete (PCC) paving, grading, and minor drainage improvements (not recommended with this contract). Additive Alternate No. 2 is comprised of the construction of the perimeter security Gate 10B located west of the main terminal building. This work will include grading, paving, electrical, and security improvements (recommended with this contract). Additive Alternate No. 3 is comprised of the construction of a new wash rack adjacent to the General Aviation Apron Extension constructed in Additive Alternate No. 1. This work will include grading, paving, electrical and utility improvements, as well as the installation of an oil-water separator and connection to an existing sanitary sewer pump station (not recommended with this contract). On August 21, 2013 the City received proposals from two (2) bidders and their bids are as follows: Additive Base Bid Contractor Base Bid Alternate Plus 2 Additive (Gate 10B) Alternate 2 Bay, Ltd. Corpus Christi, Texas $586,528.30 271,335.50 857,863.80 Haas Anderson Construction, Ltd. Corpus Christi, Texas $911,156.05 272,460.20 1,183,616.25 ALTERNATIVES: 1. Award construction contract, Base Bid, with Additive Alternate#2, as recommended. 2. Award Base Bid only. 3. Do not award construction contract (not recommended, Federal Aviation Administration (FAA) grant-funded project). OTHER CONSIDERATIONS: FAA provides funding for 90% of the project's design and construction. This project is to be funded from approved FAA grants. The City's share of the project will come from existing budgeted Airport Capital Improvement Program funding. Construction of the Navigation Aids service road must be completed to meet the October 2013 Flight Check date. Flight Check must be successfully completed prior to reopening Runway 17/35. Runway 17/35 must be operational prior to construction of Runway 13/31, planned for December 2013. Award of Additive Alternate 1 (East G.A. Extension) and Additive Alternate 3 (Wash Rack) are not recommended at this time due to grant funding constraints. These additive alternates will be rebid as part of a future Airport project in November 2013, subject to availability of FAA grant funding anticipated in December 2013. The Contract for Construction and selection process complies with the State Procurement Act and City Policy. Bay, Inc,. the lowest responsible bidder, upon review of qualifications and submitted information, has been determined qualified by the Consultant (KSA). CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; FY 2013-14 Aviation Capital Improvement Program, and FAA grant funding authorization. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Expenditures Future Fiscal Year: 2013-2014 (CIP only) Current Year Years TOTALS Line Item Budget $3,893,000.00 $10,383,000.00 $14,276,000.00 Runway 17-35 Extension Safety Mitigation (Parent Project) 3,893,000.00 9,082,630.57 12,975,630.57 This item 857,863.80 857,863.80 Future Anticipated Expenditures 442,505.63 442,505.63 BALANCE 1 0.00 0.00 0.00 Fund(s): Airport Grants and Airport CIP Comments: This project is No. AV03 in the FY2013-2014 Capital Improvement Program. RECOMMENDATION: City Staff recommend the approval of a Construction Contract with Bay, Ltd. of Corpus Christi, Texas for the Corpus Christi International Airport (CCIA) 17-35 Runway Navigational Aids project in the amount of$857,863.80 for the Base Bid plus Additive 2. LIST OF SUPPORTING DOCUMENTS: Location Map Project Budget PowerPoint Presentation c` O } • Cn [� cr) CC LLJ LLJ LLJ ZZ x U � � Z U A A � q O fi X w� 1t �, qE U N �C5 O u ui A( �1 > LCLLI °- CL H > Q _ _j Lu , - a � Z O_ Z � W s U) ui W W cr— co LU Z a w U Z �C5 O Al r U Uj i Cf6 G O - LL � 0 O O 4� o U L U �r 4te1 C:V o c O C/) z U u •I--� ca V U O � O - A C:O cn an M Q U � N � O L a� qE U �C5 O u ui N f- O f� O 00 i O CY) (0 C`) O N N O O N N C O LQ 00 Cy� O 00 q 00 O Cy� Cy� O O (D Chi O O O Co (0 0) T- f�i � O (A (A O O f- (A CY) O CY) (0 00 N r (0 r- 00 00 O tf). 00 V (fl O (0 00 � Co 00 N N O f- NiLO (D L6 r- L6 N NI (D � 00 � ti � In 00 Co In In ti f- LO (A N (A 00 N N N Ef? vrN 0 ui o } C: U L E U) C: (1 O a LL N (6 Y 4—� (U (U C a V a (_ o o a M c a C: O O c a� o 0 n m U Q 0 U)U) LU can o a c V cn cn m a Y U o c c L a� 0 o Y o E m J N J W N J � D v 0) aa) > v o O -p J -0 W Q W ° ai c_' c c a�i a o p O U) O? Q Li � Q (`� m •� iii iii E E � a c/� Q Z a s H Z c c c U) 0) cA c O 4W LL LLQ � � LL � v v v o w � � of v w C) w it PROJECT BUDGET CCIA 17-35 Runway NAVAIDs August 21, 2013 FUNDS AVAILABLE: FAA Grant $ 717,876.21 Airport CIP Funds 582,493.22 Runway 17-35 Extension Safety Mitigation Project Funds 12,975,630.57 TOTAL AVAILABLE:...................................................................... $ 14,276,000.00 FUNDS REQUIRED: Runway 17-35 Extension Safety Mitigation Project Requirements............ 12,975,630.57 Construction Fees: Construction (Bay, Ltd. ) Base Bid plus Add Alts 1, 2, 3 (This Contract)... 857,863.80 Contingencies 10%........................................................................ 85,786.38 Design Fees: Engineering Design (KSA Engineers)* ............................................... 232,329.00 Testing Fees: Materials Testing (Under KSA Contract)**........................................... 51,471.83 Reimbursements: Contract Administration (Contract Preparation/Award/Admin).................. 12,867.96 Engineering Services (Project Mgt).................................................... 51,471.83 Construction Management/Inspection (included in KSA Contract)............ 0.00 Finance Reimbursements................................................................ 4,289.32 Misc. (Printing, Advertising, etc.)....................................................... 4,289.32 TOTAL........................................................................................ $ 14,276,000.00 Estimated Project Balance............................................................ $0.00 * Original Engineering Contract awarded by City Council May 17, 2011 ** Geotechnical Investigation performed under KSA Contract K:\ENGINEERING\MPRO IECT\COJNCILEXHIBITS\EXHE11046A-E12156B-E13062 �a F,�, m ✓ .a z r r,r r ,,, a � ,,, �J s nrl� hr. t., .. r ,✓..,r.,>, 2 ..✓. nt z � . ...9f J, 'L /:� ../.U / r�v 1" t„t <. ..ie=:. ,,. ..✓:� .. ,, ,.> t Zr .:...,, v..�r..✓. u r `� r�., if, 7✓✓��r� t�.J7.,, . z�,./�✓r 7.✓. .,. z rrt c x,. ,,..,.»>., .. /t, ,, ,f �Y ✓.n: ,.,, _ ,S ., f ..,, j... rrr, I ...y,/ n,,.r;.,,. r� rrr.., ,. ,,.....,>..4 w, f ✓ / .,.:.ni....,.z ,f ..,�n, s,r .,�f< ,...a s r r,:,. .,,,.,:T..,,.,r�ft �f/>>, ,..,,, �..../ / ✓ r,, >„ n: ,r r...;: {'�✓..zG,,r , ,It rr,,r�.i ry,s`z�, }U.n. .z.>��,v,�n,..:'r:,�,� �<,: ,..r,>- 8 ..>z c. ,. i ✓ r �', :.,��,� �r...,s:r,,f�:2�r, o�r 5�5� rra �>� / ✓, r€;� {�r nr / x z ✓ /r ✓ v:; s � - 'rz1�✓r,'2r J%^ 3z>L:�if s r�.; ?.r>,ns,7� ,} :z ..r/ >, ";, �l✓.. .:i..r r`x -rr'✓0� i z�.�t, >,^. L.� ./7', fi..»r.� .� 5}>..��{: rG ,,,, ..3 I{ ,,,, �>� ,c.s r ,_.✓ � ._.✓ zrt?,.z J z:./ - �,.,% a, ..� �`^1fl F:3arJ r,✓.,<i>� ��,.rfv,{',- S r'� } � > l ✓ � Ss yr � �' >r £si J' :,3r�'Je` � .L,. r cxf f` ��' �z...3s xry} �}� � Ut �t. .r�r tIS` r L.� r ✓rlr � t u} ;�s'lr�✓/,✓� /�� �£f�„} r�✓z ,{� � r: ,'> �-- r ✓1 ✓ .�r�/r r} rr F ��5 ,.i� ��'c ,. �,Y.�.�✓ ����� ., ��zsra..�2 ✓r .� ���^� .�, t ;s?zzrl �r:, /r` ,.,.. ,> ..{�SJ'r� � ..s,,.j� �t4s�� �l/ r 5 r� � $/( �f zSt .>,.ravw . l,rstG✓} � J�n, �z,. 1t�,,r „:nyi ✓ z.`., ✓�Ir✓'Jf i 1 r1 Frn.' t� ;sS �„n � �ti�,, a <n jj 71 �} z r.s . � ✓ rJ /t >cr.n>t7s� %, �, lt. ,,'f', t �'�J 2 � „zr�. {J„ ?/, ✓ ?r t`;,'2 J S1, ,� )7f r7 z� 1 ;? ,.l}r} ,.i` f rr�„ � -.£ r s,:.,r „;r }{;nr,��/; U r,SSS'Cr rz�' zl> J�l ,r.,,, ,:."a .. ✓r 3//,?:,.rr - ,a:,/' },s,�n r r,,.: r ":i r rte/ r ..� ,> r~�. >? ,.,,,:f L.r{r? n�Y t �}� ,rl, {r.,l ':�� S ✓r: .3' �.✓,>,s.s, �` �' }�s, cU :,r;' .ar.�. S r�d i, ,fin,. f,�,,, nS s. ,:�. � J2�rr .t`�.-.fa � / ,,,%" rn✓ ��z.5. ,��f,fit , izc�� .3t✓.�,rJrl%lt d }.n raj ss, ?zt,,'}� � ,e�. 1F. sF�'iu:.. � c,;;2„ 3 fir/ <�.,t� � � ,r.;, .� r„`�?,;, ���I/�7.:r ns✓�,,7r:tzr��t .?FZ��1 �„S. ��r},1`„r4�`��� s?ez,K�,..,.� z /"`�✓ ,Lfr r��;f �},,.,,z.r /:,.,, },, >� ,.rte' c.s ss,7„7s}? >,,,��Jf I, ti^Y� 3{�t's,s�r�,s �iz�?•,<, �:2tZzJ�/e sr/rr '� ,:, tz Zrzy3 / ty?`� ::��b ��� -13z ' � � ���J;z��J�tYf.>:.-z�`c3t/�f`r @l t �,2 2�����bn's�C_r 4'���✓�s'�s � A.�srt?nc ffrr t'r�ft{��i✓�t r7 ',�.�: �v 5� fc a. ,ri7, v Is`r r ..{rr..:,z>< .,2,2�� ,-1,v2��� r Y}.l� v f . .I�Z�r�i rfsrr f✓ ti' �r£`v'=� fw,�n r a�.iuv..,to r.s, n� ✓ ���.� ��lr ;.���7 n��✓:� r y�3Jr'l7xYt'I"Y ts�7nrli�� r ✓r✓,,, xfrcb/t z r; sr r s. � � ld�z ?�� r>u I ✓r' ,rr��1„�{?� ,4�nr`rz �zr�"�3 i / x,. � h l„� r ?r €7��f �lst”G>rr, �; f� '<. ✓ 7}sn. r ? t� //. � �i r as r�'� `?Ev' it itrrj �� � �� y / �3S r'r^ r7 Y , ���,s4 t 3,v ����{A,�s7-/r r3,✓. ✓� /. �/ �` r: {>� r„✓? r� rr" �}�t .� l'zr}r, f L`.> z 1l /i,;?r�{ �✓r t ..33 �r�� �r }t' �`�t �' `3gLiiYY'rr ���rt� l���r 2 r£rts ;� o ``�/r e�'t✓i£c����r'cr EYt}s` r � f�'✓si�������1�� � �'�P'�� t r ;Fl�� ii�S�j� r�rs� ��� '��:r, t � Stjf r✓ it tf f� r �/zrv�r �� �. t 1f J l ✓rf�r�/�y��3�lr? rar i'�z5�Y2� 2 t ���/r�� } �� Q s ��� /✓ �f z J- � ��w 7���;r r✓t�4f�� �r�7 £z n / C���i � s, �',�����£���'/��ta�✓/,ct£S vx /,ti o 7 '����` J� rn.. d 5 5y re ^ ��✓���r}ay� �i�� {l� � jar `Ir` r J r t }rtr rat /iT �,�r�✓�tt�ra� � ✓ r r✓£✓u1/jr ✓l�t �i,:�r'.:�N'{st c's 5 r`r`�. r /rr'rf✓r ���'sl''a J �� �rr�� s � /✓ ” ✓"r x ✓fr'rr�yzd�r. ��x`r��r>/�Y�g�jtr�rr ��,��� r���/?ar�� � s � �nsz'�`,, s �i' �J , u�� J ✓��r r2 s ry sr{ z>}'%,zr ,�,✓ ✓ ✓ ��?j� #. t i ,,,� r,,., s,: ., ,,.>_ ...n. ��.t s'£,;- t r..'r..✓t>✓✓r fc,rr..r it , s?,.. ?i�y(a v�� t-� ✓ .. ,l�„, a�'%IZ �/';:.;rr. v,U,,, / „,,.. ,z.,,.nir, ,r r ;u;., /7,r 1'.. y r r ,?'rte,rrfl? ��.rlt S, t ✓, r ;v / r:�/as ,r.,ts 1 x Pl t,`t7 :' zt i.: it 9.>,.S,ry/, /,>?z'r„�a���r�r'� .z�,, !r/ �✓cf,'}' > �j(y rn:; t}a,l�a. xi G, � �, ,, s-,.r rrl ;''Y'r,!.,}� r`�;1��. ,�>�.� ✓ .��t t�✓ /� .-.� t..�,r, ,n � z,> ', �rn= sr ✓ rzr ��v n?�{ 17r ?� ��� �%., 1.;..�;'':-, rs, ��� x��' ��t rt t '/ P a� �✓ Y .£,r}�r���J€,t?s>s,r r, �f a> r� �JJI rz”✓✓�""l:' .',.r S,/ �' '4 ,. r,e � zt rrA'%tl,/k ...Y l Y/l'rs� � �� {�I'z�`}) 'f-2 ”'J ;rn >/f/r, ..�,f� r?. �t ,.,,,,;,'.,,;r,,r. � "`.,. ,: „., ,.. .':>- n�?.t�1/nt,r�.r�7,2z .r2f'z ✓ :,” �:,,' :�✓ � ".. .,,.- l ^..✓�sf r � ,�/ ;� Ifs { Ens r- r f ✓. /�x�r�Z}s1i. z JzS?F. I}xFz�sr�sf� / z. ✓ > / rrz � r i Sr£k �t� rJr t{}}/ lx ,, {✓ � / rz'✓ S>��}.rt ng r✓'✓/r / / ../r `';'^`rT s / , ✓ S / / .,„, . 1 sJ'z'✓5'J., x' z - r f`zif l' z li,i l�(✓✓✓ lr r � / / ✓ / .,. Jf? ✓✓ fj�mr � �i%„ ✓ ✓ / / � ��cr t �/ziu �� �✓%✓//////r� /��l�� , /rr-zir/;�rr✓ ✓ .. r r zli�t„��tr �{¢ u. .n / ,x. ,,,,'�+ �rr / /r",L/ f1 t �/r ir. u , z/ va i f�ir�,�"'F, r�7?��'�zi��> "rz J £:,aF 1 ✓ a��,.,;7, � 2: ✓ri /.r/,{t i l, / sr ✓rJ fL/6� zii7vtr``.�§l'fr<Ft ,...c',: ✓ra>n..d}431i r.-:mss'.. rfY7F .,/ l// a.. J� ✓ ✓ �, ��i � f � r f :, r��7z�r,7r »°'`'�� �� ,� „`„/�n�:m��-^"'i r f r ✓ z� rs �f?�' �£lz�, sr�f �� >>r„ err Jit.: z �-Lr`` ,., &x '� ,,s � .� ,� ,, ^`z” ," r. ? ✓✓�`rf "'7 /✓ yn � rye '' �z.oi}/�s�frr/✓s'f sr �r / ,r� t"ia„, t a£n f,z z{. s6�h �T /s l� /l r ✓ ���,:h r! ✓�r r✓t t � ✓r c < ✓r �r � �J z� r ”.? 3�n�� r/. 'r;l✓. r .2cr-f :?�t� ✓i k y fr s� �% /% r i l r rtf/ ! f ?z ✓ ,. f'-� >, 3% ✓ %fr.�`-£.r fr' / y. 3 r r �;1� '�v F+,., r" z}uzXa � �r ', r€i:�z�" t�£Y' jr ,d t / r r f n f �/ra?s e ,,, ;�., � sx,£ n.�;zx�'�//%y✓"sy�€' .-�ur,.z � / .�„ � s �Y 1✓ftr}gib t ✓ p //.' �; z fr Jv 7rs 3 r ✓r - ����`rN�� �f F..{% ✓Z / r J. '�{ r/' l lz�i� ,a--r; ✓ £ i�t�� 'sf� Jr �rT��s'�{�,}r,�' / r.. �,;J ���JrL�r��{ // ✓ r J✓2 £ £�yJr rz / 1 it / ✓ ✓ s fir'z h rf s rr..rf r£r '' r / ✓� Pa v rr,.l t i�'L� 3sa1� r✓». ✓ �z ;-rr ��`Yr 3�r sr�,>rc✓'r'r /f r✓`f /trt Ir;;i� � t /� r /`;; l rx!r ��y l r�.,� , I �rtrf t S t����,z�� ✓`%'1 r"'`rr/ �✓ r/ J S r fy f f a E£� % "emu'; , '. „; �:a J� ;, t ' z r r `'tr i s �'' /% 'r'/J''`f Yr````Yt 2r % s.;✓✓/ ✓' 'f`,.,,.,>r„'` ,: s r l/"::,'`,T � ✓/ zit r } r��rr f :/�i3tss/f zir s✓✓rf���rrs}ri /,`„ ia,�� ✓f u.` z/ �>�✓� z�-. <�rl rt 7v✓Ish vi ./{ �✓���✓ sf✓s}v}t/f/ �✓ r r �� �,EIrT L ;/.�M T� �N t�✓i��1,. rf t ���LZ��c� n t r�� 7� 1 ✓� ., r{ , '(F ✓r1�r �� �r�r/rl�/ //,,✓r �J �{.r � I>~r f{s,3�s,��zr�za tr s7 'rk-,�,1�J1 � .,,, rry J1✓✓tr/// � r � r�r,rr;�lrle`���}}�zr�t�������f;�rxFc�r�f' 'f� �,�"r�� E11046A, E12156B, E13062 „ ' ..f.rxt�,.ra .' `` t,r ,.,tr. ,, �.%:.:_' r;,>J 4:� ,✓d ` r✓i '`Jr rr�rt��Sir�'r�7��a�z�l�frtzr�t zl/' s�✓r/ ?r /, � r z ,��..cp r r.x,t(z£, :�r7strf r✓r✓✓r✓s`'�� f}�}�r`r'rx�'r7`7r s// �/, x , CIA 17-35 RUNWAY NAV,41Ds n„ � x, /.. �o a ,�f r:,J:, ✓ frrrr'r''f''/ ✓ 2rrit�✓l,-r✓a� r %///rr�s✓ ;r ✓ & EAST GA EXTENSION t tt"'{rrarr"' r ar2;,, ` r� t r✓,z � t r r ? ar F f, t ✓ ✓✓ l //� �J ? w ��� :7#t �r�"rr,''ff`f`J .: �wrJ//?u r £r ✓✓ ri �ll /r r sir,ors= �. Yfry �F.r, d�, tc,ra ��zrtf �/txL .rr r z r t / �/ ✓s <, , �, rr`,:}� /a'✓ ?t a�'�x✓�rl , �,;: r3�n� ;e,T��^�^^},� v ✓'.:� fG' { � .,.x r �,,, if: .,✓;{�1f 5 �r �Y:�;,r.✓r'�.r?. su' ,: �:} t.37S�2� ✓.:� sx/ �f -i ✓/ } r /✓:: f r}� �, ?z - r%.e s''t � .r � Fa,/;rft / r: Yzl �/> r :✓'' .,/"✓ r t r£ , r .✓ r.. l s r r..✓r?e ✓: ::,. ,% ,r;,: :,,,,,;,, fr r/rr�i} �5 Ls z'tiv:. a s ;,74/c hr -,. r� ✓ ?�� -1 r' �z /✓i ,r'i ,? s Jt//,/ r✓ !/. .✓-. /✓/' � 3., { n F L r✓� � -sh: .Y`F br./ 3. rr 'l ✓ � /.. t ,.r ,.�,,r< ,, z,,,- ., ..,,..; rz -a:-. ?'S rr t ;z:: ..i s r l rrrr '� �,.,. r %.r ✓t ,�✓ ,x ., ,.,.; ..r ;o✓ t` ✓ r 7�.: I ✓i. r/� .�.�,rJrr,?J�svz�rr l ��r�i'�Ct:fZ✓�? x � /., // -;r tlr� r J r f �z ny, � ; ,s:Jr :r .r% r✓4, .?-,,;,>,c�?£r, r r, ✓.: r t >✓ �� {., ✓/ r ? z✓✓ �"'.f tS 'r': /rr/�,r-". v.<s ;r r�!r✓3�e:t�rLSrl ,.a, �l�s� � rl r/. !sar{ r ::� ✓ t s � ,}�i} „{tn: �>>{' rr'�✓..,i ✓'✓ ��S Y� .,.� >]�/r�{��t, r rlZU Ss}'f::y r/ � r :.r rf,<,f r ;zr� ,:ar r„ r ?,z r i� ,', ✓/ r?e,?. r�^'zrz�£ r',r.f's�-. t £.§✓> l�'S3,at s't✓ /t ,✓r �/'/ Y I l/ r l� :;x„� ,,,, ;,,r r ,.,,,,: r;yfi r ,�.,c„ `�' c„ .E:; (, -<", ✓lr; rrr✓srl✓'�f s.���� tIr'tt?��z;y�� ✓ ,7}zt F?�� ✓z✓ ✓ ?7 f i ;, � r ;,,� .,�,� r ✓, _}rr ���,i�tj r✓.r'`tur }�i7r/fir s �� "�,:.,: �„ � .",:�� ':'J, > :. ,::� ,.:<, � /��� cz��� )�z r�'£�.>;. ✓ ✓ � 7 S?r>r Jti} a 3rP It �t,✓6o y� r z ✓ r ✓' ✓ � ✓ ✓ ' ✓ J ?;z / ✓ J ✓ ✓ ,,, ,,, ;7 �zt �xLY%,�r�`�};,rc�✓ Sl�/*�-��xy s £i r,) t✓; ✓ J / ji °`'.az5,`f�'?) ll}r„ :��r� r ,., .� G s .f ,,, ,,,''r�s�-�,,.f£4�' ,,,,/, ,• .'s> ✓,,,r .,>-, A ��CJr� /, :.}r�iz �o✓(rlrii.r.:i���:. }j .r,.''� :rtl �za 4.��,} a�;,? trr lP J sr r r I✓ )/ / r �� " f ✓ £✓t t�<z .r s r .✓�,,,, 1,?�s r� f'tj J 1.?1 f r r/l „r ✓lc :: ��. t.. ZINr r ,.J,; / v y t J t r .✓f ��^ '?r`,,, SrY, r / r s :>i ;�> -r�rlJ ��tz��� r',`>,n s ,u;� „Fr �>/ / f 3�'z� / /'�.✓' f ;f '� ,. ✓"�" 9.: l/ ,,Fl,. '��L.fi ::ut '�,�'�'',, �'%” f�5 .f/ .J^' .;r � ��,��t � /,' r✓' .:_,,� T ✓ f /.: /, � -t ,r / % JL �!. 1 ���n'" :...,,>ri.J ":,ez r rr: i r✓f ��r �zr,-Sr 1� r}7�t' ,✓. ��.,,fr 3 ,.{ ,,fir sarrr t'�/fir t ,t,�ir`✓'�z ;���✓/7 i�� :}� �t' :rs ✓ .f ,s t vr✓ �i� ✓r?:J ,}, i / ✓".„ra j'"5t l�r x.:: � ::! ,,,if�✓ i� ,s.l�� r 4.s,�z /.; j�. ✓ r /.Y :.�`' "s,l Yr`� ,':J%/ ...r( ).. �� i'1,-'',.. ,z;L %l' .,,.::r/✓r�/, ✓/ l {%.�7F r F ,r l :C J/r %!..:. ✓,ra s y.: , i.a,. , ,.,rr` ✓Fnr ./ r r.o,N3 -? r. .-.-,'-r�;2, ✓r it I s 3f //. r, ,z..> } � n„ ,wh :, .f' :s f�Y >.r,, ,£'€y✓z.>^ fY'f r f r ;„,r � ✓ :.:is /�',✓,: .l ':.n„�#, t yr .. r:, '", .,..'.u� ,..t.✓.,,„ a „� /. / +rt ,. ,. ,.. t ;,y Si .,.3 ..�,t .. / �:f, z r /r .}.,flrr ) :,� „� .,ri... ..r,� 1 ..f,PZ<"<-. l✓ l .,,, �..�✓ / �' ,.,�,,.,.r ./' � ,,...... v r .:�,r,.. / ✓a;: r�7t /, ✓"s rr� �;J. tC ;nf, sf- l/� ;r �l ;.,& �s .�f/ t rS` r..,,; r zS 's/ ;-,:, .1-S. ,/,,: r '; a .� �� J! ;✓afrf / / r f .:./ `„„ ;,; /✓i ...{� ,/l r s j� l ! 7.1: ,r/ai „> .� ,y, .t. 1 ✓ .^d rl,^rs .-: r :: rJ r✓,. /8 ,.; r z: ,.; F r,: t/' ✓. ,£�}✓`C”: ✓ ,e��. :✓v, ,� £atF l -s.• r > .1 7i .; ;'rr f � r ✓r ,.� ,t� ,� z:.r.: a .r ,, � / ,,;:7> l �. / � ,, r ;z / szi ,r:,d r ,.,"�s 1;,,,.^ <,.>, / f. s�f., ✓,r✓ (;,,:a} .;.� ,,. ,,:z ':,. r ,£ 'fU> ill .✓ s .;✓ dJ r, /r„s. G. .✓?✓ <�,. rt s} ,.,:. -, .�r._. rl.,,r l>}}., ,�r,��/r, ,: t r ,,.,z,J .r �,t.�rY tr ./; ,.> r.. „r. 3 ✓ .✓rr r(r,- r t r/ r ✓/J,xnif :✓ is,? f) ✓..rr,a,l, r;�. z 3��,t' i ,l Ir r/ r.. .,, t a ..�r✓ ;� rr z.�: f, ✓ .l. l� £z 6.. .� � ,:. ✓l..” ,z r ..��' r ✓°3,Fr/ .` r I f ..,:,a/� r h/ 1,. 1 -z, .,., / � 1.Y 1l £Ya`.r t (i ? / ..,, 1;.1 7 r' -:SS.t ✓ r u zS %� .�� 7 _.Y g, / v �; r A >r r f f✓ �X J r. ,,r, ✓✓ ,-r f .T`, / /?,rsz � 0^..�� .„r YS`,ffa 2i�z. /rr' /!. ✓- h ::.z1'r r-rrr.rr rls l,✓l< l- "'r .,,i ✓ t; r r✓t rsl� 5� h, r %ffr„/ t 1f ,/ t' .?.v',k�7f ,(, 3 ✓:r/f :r !'. '3, r/ r .✓ ✓ rr �i� l / ✓r✓ ty's,n: � �-' z r, ✓„/,o /�,^ n+zr'.. �f s. v} l✓j,.r S r' .C,. 7 r ^`y � >{ jr!` sr,'It /,:y / .ar%r?�� z t r ,.,;rrr /,/, ✓ t� �5r✓zitL.i .fs..�.zJ ✓� r .`Z ..r,,,. ✓ ✓ ✓ .L I r ,> „ ,.,,Q�r% �;. .~r o.. s„ a >. ,r h ''6z� s J s-l✓,,,./.. ,?!r: .://,,,/ .. /✓// :r`,i /.. i:.,. .s. ,.,;' r r<.�� t.. ,.:n �US ;..a.., /ii,/.✓ ,sS. f zS:`/ v >},�r�Yf e :?.✓� rSs x:: z:„ ..,. ✓ ✓i. zi t rf3 ✓ t. r„;: �;,s isr`d �.. ✓. r r, ..,rl',N/rr. /,',/%/, cty .✓,t+t,' Jas `zi, .f.Yra�r4� 17h�..n �r,.f r ✓....:,5: '/�: .,.e..: .;!"'. .. rrr s /.r;,�( Ja r",. ',y/✓ t� i'f �S�rJ a� .nr rk/J'F- t!,"' ,G r..:;�., ✓ � 4 r�?rzl ::nl'Yf`rsI r.l t /✓ lr'j r �jz?= J''si'�{2�� r�r/ �}� `7 � ///a r. r �1C ✓ :r � f')„ltlr{t✓ ,�` /J z ✓..✓SJ/ .ir'�����r't �''";, '� �r� /� ✓ ,'/✓/ ✓ :r� r.',rz " f�� ti,r»2, //..r'...,,.r' �'r .fr:% { r/f Y£n's/�I r,r`}�'i7a(z£r l< l /% r:. ✓/ :'.. rrr I}I,�- o-i ,: r`S,F ,.,;,,,, ,fir f arr r � . ?.r/ 3, l ;.;^lr�� �A2.,N£ ZU ✓` t J rr ✓I� f lr / r/, ✓ ✓ >izzsf ,r �'s ,. ."v; �t�s, >,,,�,�'...:.✓( ,�.�x�,r.r.,. r �GI'7 J.{� ,v71r n ✓ ' -d� ,., rt ,:�" �. r$F ;.� / -�,n :;,;r, ,t,n/r, .✓ c3 sr } ���?a-.t r r/ ?rr ✓ ✓ r a ✓/ .:. >-' n.t ,t .:a -'la ..,/;rs� ..;' �v?s, ✓at r / rt r� f r::; t ✓ .l':l rr ://✓ / !.a # 3. z,,::it ,,;arl .G „ t: ..,z> .,,%s/ ..� �zY >,.:r: �2,;vZ �/� s � r✓ r / f's'.. ..r ,., t /<,t.-j s ✓ r... .d ✓:d J,m. ✓ l/.,f'G,s>.��z /, �,:,,: .:. r� r .,,s r2rr f -.ru r r-: / .� .h .t 3 ✓.7� r� .>,,, r/ >.. l f 3r'fi e ,,,✓ r,� ,,:5 3?zk w r,= ✓ r: � rri� ✓�., ar,!'` c'...✓ / .;6: rr✓ Jf .�^ ,. .z�3 ;E� :✓`r z;r.,,. ,, z r %%✓ r�r�.,.rv„ ,.s., ✓ / ✓ sz � fl�`r�?t r'/'r I-.,:.. �C' / /r.. / � r c .S..r ,! ✓s!r ,..;,,” ✓ ,ft;�a;}%G lz„,zsrb ✓".9 z rf(?}s' � s'�r � ssU l r ✓ / z rlr Srf Jl1sP�, � ✓,v,- � ,> , ✓�ax>„ ,..,. t/ :; t ?t x,.,�!� rx � r ///, �t /r, s�; ✓� r� r;! / ar a. s :_ } �EL:�,v„ ,.,, ,.,... y?it s. z3J �. � r � � >r/ !�`, ,,, J rJ s /; H✓rt:.a,ry: .,,,'". ✓ ✓.✓/.. ,.'�'„ �S ,t r's`zrF f,J.fz' .:rr r .>,,>sr // .:r/�' e £ r/I ✓ „ ,,: J a' r rr;,,, ✓ .,:,.,,,a.. .!.3r'/ sn".-.: ✓�//z� ✓. ...f rlr ,>, -• ':' r f / r ,,,,; h sf :➢, r �;.��usg, „�i,- f Sr t -`;`• I f /:.r s, ',Jt r/ E� t rY z' ``r t zn�.:�_.: :4's., ,..;' .//,�,,,-,,� ": rs.lrl� Vl ./�I ll a r ✓ r ✓l r./ /li r ..< ✓ �.✓r r� ✓ :r .;;t?s"": 3,.fa , r,✓/., � t` f/}ZV l ✓ ✓ zl rsr S z.✓ / I r r f�'� J ,� �fx✓;,, rf:zn r,..,,,s ',,;� /. S t^�". :.`. /:..,� t i ii �. t � z ft ✓>-r,. r�, ;u�. n,.a J��' r .� i`r t 1,�r t ✓r,� �,:.:at,.: 7 r t J r / �....r r� } � s ,,, ',:, s f ,t s ,,o.s� � J / rt✓r / / Fs<:, r sss' :�. s r✓ 2 rr'”,,fs,.,. ,,.,. l ✓ /:. „',-' '., l) <,..>.. ✓ ia✓” ..�✓r. rr?1�,.. r, n r.� r �- ✓. .::r �>,. ..f.> / /,.c. ,- .f`... ;. _.>„ ,, .r „,,,,,, .. r �rr t � 7ni��� ..r ✓ ✓t .J > ,z s. .,,> r L .J ,�.v d r .,,.., �.lJV, ., f: �tv: �.('•-. � �.. �S r. 5 l/ s:U.?: t G ,: ur -f x f r„ ..,,-, ., ./ ,{ }t s.. z��1 x a. n£1 ;�.;'✓^ nv}Il s'r .a ✓r r r r 't / .;. .,,Jr> ,..,.n f r. .,.,' s< 1 ,7i; .�.n „ �( .ts I`sv'c .P,� :,rJ. S1r✓�1 r:. ra. r�. r r rr..-, ,.,, r. ,,. -4 ssn ,;e. ,,>,.� >,.:,�%ad' ,.:...,..}�h r,.Sc.3f:✓�"t. �”? tr,?r ry-.: 7 .r .,:.✓rr'/ f3 r 3 C ✓ .-,✓ � ..,.r i:F ✓fz-✓t Sz s// t t t:. ll ..l z r..l. �. ✓ �r" .� z„ z .,.. .,,,, >, r:. .rrGr >,.� ..J sn ,< 4 r'. r ✓, ,r, ,,✓,. rv.. t.£; `.. '.rzt r,,j z,,, r/ .8�,' .,!r'a r!,.g r✓. .,r r a f c� ,r. U �l� .f l r .,rt: nr ,. �,. .,:, ✓✓ ;r,L e"? ✓. .,.z d�� 1. ,.���,2;� rtr � i I / .;...r > ,: .* r�� .✓ f ✓: l �:R2".1.,`3i Yst i < r r✓l r ✓ !t r., ..a. ..E. -"s�., .,.,, <, .,,, :- � ✓ :r J s'r ,r'z r .�✓ ✓ s. z r :✓ ., r ...,.. F,lr.r x '.., r ,., r} .:✓ l;,t✓r f�.a.r.. / ..!// r4 ✓ fit. <r,r trn .u. f, /:,- ,.;Y'st �r ✓ � � .r/.. r�:r-- a £ .. of /✓,- S ✓ :„, ,r„ t, -�r .✓nr,. ,,,,, ;,✓ .,.. ✓ / t r s ,r � r i f.:lr s.f s"✓ .✓.. l /. ✓r✓ .z � t..,.> ,,, z/2,. c x S <„' ,,,,:., .ir. i l n ✓s s' r .S .l �,?i`✓ r / :�.. ✓, -I z z -;':,;„., ..c/rrr•, .„:,. ,> >/s 1 r 7r' /.Irw(c3 .”i l�, ✓ s ...✓ f t r � a C .,//d r t/.,, !:, ,.s!. :r✓ ../ .,`� ., .✓.. F.� 2 l r:-. ^T. fir✓ �r ..vr/ ? ,. �;”. ,,, <Z� „r t � „; ✓ r' .-�1 rr s"�rrl '✓r '., ✓✓, iY: / r .& » !n..✓7f >,.r,. ?r £'-.?nn l .✓F, ,» ,:,;, .�,:, Y r f' r. (a .Jzrf .�l r'. � fa!? 1r $ .r :,�,. c...✓ :., „, ,>..�i t r .✓>,,� .�,�,. »�.<„ o /. J Pr, �. .✓n'3 t..f .l ✓ rr✓ .,✓ fr .,,., ;.z r ,/✓ .l✓� t .i ..ti?.,r r,.,.,:: ..,.,,,,,. „/:: ;�, �r r rl... r/. } r...//lr r.s ...✓/ //. r� / ,,.. s(` s'� ,,...rzv Y✓2 f :C:� r.'1�:.>;z,. ..,. ..,;':,.. .., ,,,,/, ,. !°e rr7 .1 .?L m ,�' Fir.. r r. ,r�a/L„ f�/::, .r,„i✓'1 rtY.. ../.a, ,../r:., .,r. .a ;.i'r .✓-, / �3' ,r/ -.; zr✓ r t r ';'.��, ,.:� ./'`r 3'./.. t r ,.ts.r t �w.,,. ,,..> /1„. rr�, j�. a rl. -:.d s/ I „„r ., rs J✓. / / i.^z i.:. r „3 ,r ...✓t i' ,.. /. f f,�, ./ /. ..l.J :,/// ,a3. it w .r t ✓ ,. ..:,, #1, ,;r..,, r t �` ,=r; r/. 3 /r., s r � ,f sir s) r✓:. r r/�: / .} .r � r ✓: r l 7 t, fr rz t t z --.,� % ../✓ .1. IS's / .'./ l /5 at ✓r✓ / <..'.:, ,.;e„ J ,r r✓ ,,,,...J �: ,.,', ,../(JZ� r,,,. I �ll 1.�% fj l r .' ✓ / / lS✓/ -':a�r1 ;� r / lY t ., ;, t 7if r., /t Fits,).,, J���,�3r� .:✓ ✓:.. � r d✓r ftr. �// I :£ � ��.%I..f�Lr r / z •r f rys n,'s/< ✓- rl� ,;,/ r /.. r ✓ s/ tl ✓ J // ✓ / /r/i; ,:. 2 '�s�r,� � .r,. t r r � �t `r,�;;ft:t', ✓ :✓ i, r r /r /i>,l/r/ f� ✓:✓ r. trr.j.k,? ✓✓fr rfr l ��� ��ssr } t sE� ✓ .} l:./�/n r r r /✓. ✓/ r` ✓ / /,.,f„r�.r{,,v,,.✓,r?z,l ;'.,r r ✓'..: v /:s'r'sr',», ,, ,,- }. ?m^. It✓:.r '`�� ? ✓ ✓ ..l l ,;r r 5� ti-:� �/ ✓ '.r ✓,r✓! .i'f„z? ,'r'-„ s,= ,,,t �, ✓✓},-,�r r /`-/ �? r ,:: �,,,,,:,.. /tv>.,/ / //r/t rr /,:r rr t, � :.� /✓ l;tht✓i t ::r� rodt ✓ ✓rr✓ f `.: � -�” i 9 r:. ly lr y} / /r� ,, r r,�/,, „>z,r.: .,> �l:r��t r.✓”ss��r�f�nf�ff r/ :'✓ k .,- .,; ,,z�-' ,=r ti u..rs`Y� r ✓ ✓ ;3 ..J D7//:,, f:"/ l / /. ',„ / ,„; r tr(J a„'t'a,r s/{ r r >l,,” n'n„ 3/ �?r✓` Sr� /r ”,,.n,,,, 1� � ✓ .r: ✓ / / J ly'....tiv' r,.�.?3f z �r rr{i /� ? ✓/ ✓ 1 rr-z �✓ c t ✓ ✓✓ = rrr r r'�tdT sa✓�, 1wr:f: z3 � ,,. .>.� t&b>! f /i�.;.' ✓ .:r,'. �! 1� r :. fv� �'-.)Ttr�R2zr /ri/ ✓ „. ",. t7%r3„',.� �,.rz r J fz Fs-:� r2 ,.�r ,:,> ,._., it., :' ✓!,, i,,,.. r�;;L / s✓/a/ /✓�rr, l /r 'a � ✓ ,,,, ,.;:„ s.,>, f/ /�lSfrn r�//��rT�<,� . ✓ rz ; ,S�,�r,. ,� i .:> / ✓. >//ri rri/ „: ✓✓lrl',; "� �; %,, >; 1 2k Pra�,: r a�_za rrrlf�T'2 L zs r. ,.:.„���y /✓ v/ � / / s c i ✓ f tz.,. .<� iis� r?�}�i { ,/ ` l�t /�. :.,� 7r<,,,:.�'r., v„r.� ;;,. ,r;,,r ,... ,.,;ni.,., �,...,��%�//si<.,?.,n'.yr/>z',.,,,,t., ✓✓.,,,a;;- ,>1/,,.n;�,/1✓ r ',, z,_.<,r£`{rt.>»,>,�v,.,!,`; ,3r, LOCATION MAP NOT TO SCALE PROJECT#E11046A,E12156B,E13062 MA 17-35 RUNWAY NAVAIDs CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS AND EAST GA EXTENSION DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of September 10, 2013 Second Reading Ordinance for the City Council Meeting of September 17, 2013 DATE: August 1, 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 Residential to Heavy Industrial by the Port of Corpus Christi Authority of Nueces County, Texas Property Location: South of La Quinta Road and bayward of the City limit line. CAPTION: Case No. 0713-05 Port of Corpus Christi Authority of Nueces County, Texas: A change of zoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District. The property is described as being a 268.68-acre tract of land out of the Geronimo Valdez Survey, Abstract 269, the John Garreghty Survey, Abstract 139, the T.T. Williamson Surveys, Abstracts Nos. 284, 285, 286, 287, 288, and 289, and the State Mineral Tract Nos. 1, 11, and 12, located south of La Quinta Road and bayward of the City limit line. PURPOSE: The purpose of this item is to rezone the property to allow heavy industrial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (July 31, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the Port of Corpus Christi Authority (the Port) is proposing a rezoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District in order to allow future heavy industrial uses along the property's 3,800-foot shoreline. The Port plans to develop this property with docks and wharfs to support the landside construction of industrial facilities that are part of the Port's future La Quinta Gateway Terminal. The proposed rezoning is compatible with the heavy industrial uses located north of the subject property and would not negatively impact surrounding properties. This area on the north side of Corpus Christi Bay is planned for heavy industrial uses. The proposed rezoning is not in conflict with the City's Comprehensive Plan or the Future Land Use Plan. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approval of a special permit; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is consistent with the City's Comprehensive Plans and Future Land Use Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: 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 }ri> s, �t f iA t t z • CL W C� N c� 1 1 • =g r x 1 5`� fff i r[' } A f, 't � CITY COUNCIL ZONING REPORT Case No.: 0713-05 HTE No. 13-10000029 Planning Commission Hearing Date: July 31, 2013 Applicant/Owner: Port of Corpus Christi Authority of Nueces County, Texas c Legal Description/Location: Being a 268.68-acre tract of land out of R ° the Geronimo Valdez Survey, Abstract 269, the John Garreghty •" ED • Survey, Abstract 139, the T.T. Williamson Surveys, Abstracts Nos. aJ y 284, 285, 286, 287, 288, and 289, and the State Mineral Tract Nos. 1, Q D 11, and 12, as shown on the map provided, located south of La Quinta Road and bayward of the City of Corpus Christi city limit line. �., From: "RS-6" Single-Family 6 District c a) To: "IH" Heavy Industrial District .o s Area: 268.68 acres N Purpose of Request: To allow construction of dock and wharf facilities. Existing Zoning Existing Land Use Future Land Use District ayi Site "RS-6" Single-Family 6 Water Water & .E ? Heavy Industrial N North Outside City Limits Vacant Heavy Industrial c J South "RS-6" Single-Family 6 Water Water y East "RS-6" Single-Family 6 Water Water .X w West "RS-6" Single-Family 6 Water Water a cn Area Development Plan: The subject property is not located within one of the c City's Area Development Plans and the Future Land Use Plan calls for a a o portion of the property to be heavy industrial uses. p _o Map No.: N/A Q Zoning Violations: None c Transportation and Circulation: The subject property does not front any y•o streets and is located within the Corpus Christi Bay. The closest street to the a subject property is La Quinta Road, which is private road located within San Patricio County. Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District on 268 acres of submerged land to allow construction of dock and wharf facilities along the water fronting 3,800 feet of shoreline. Zoning Report Case#0713-05 Port of CC Authority Page 2 Development Plan: The Port of Corpus Christi Authority is planning to construct docks and wharfs to support 24/7 waterborne commercial and industrial activities along the La Quinta Channel. The water operations will support the land-based industries in and around the La Quinta Trade Gateway Terminal. The property to be rezoned does not include land outside of the City limits. Existing Land Uses & Zoning: North of the subject property is vacant land within San Patricio County, which is not within the City of Corpus Christi city limits, and is planned for heavy industrial uses. Heavy industrial facilities are located northeast of the subject property. East, south, and west of the subject property is the Corpus Christi Bay zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is not located within one of the City's Area Development Plans. The proposed change of zoning to the "IH" Heavy Industrial District would not conflict with the adopted Future Land Use Plan or the Comprehensive Plan. The Comprehensive Plan states that the City should encourage improvements to the port area and its facilities. Plat Status: The subject property is not platted. Department Comments: • The proposed rezoning is compatible with the heavy industrial uses located north of the subject property. • The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for heavy industrial uses. • The proposed rezoning is not in conflict with the City's Comprehensive Plan or the Future Land Use Plan. The surrounding properties located along the shoreline call for heavy industrial uses. This rezoning is consistent with Port activities and the surrounding properties' land use. Planning Commission and Staff Recommendation (July 31, 20131: Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District. Number of Notices Mailed — 3 within 200' notification area; 0 outside notification area 0 As of August 1, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Exhibits: 1. Location Map (Existing Zoning & Notice Area) OUTSIDE CITY LIMITS , 7 r 2 I H r" RS - SUBJECT PROPERTY' oat@ Ca tod:Vfooza7Pa' CA rk w ZONING & NOTICE AREA R -4 L �Nm 4ndu`inial _._. eau�����r• ' RW2 Muati lflanxlly 2 IM Heavy 4ndullr4a! 044 pr eabsikmw olhlev it SAV Mnglo,T-amfl y ltl WOPERTY KWATP44ialoP4arnPAgrA.F E54 s6u3f annmy& � CN-t PP41r,h+ W4s.,ry tComm:nop RS4N6 5:ingN?,•F&rnlily4:5 CR-T pa raCamrherc4aa -y� IngGa^� i»ia�r 1 C -2 a ar4ceHttirnaxecfal E. 9,01t ntwil CG_t Gone t Codamcrdol R&TAP Townhouse CG,2 GtnorM Commaacaru pa.cW Permltl' C4 kmsanaave CawnLrnertbA F R ro raniu Vehicle P,-aaa � GOaa po"4a n Cann mercies RMH'iliubtlumd Nome cR4 Rf,%,*rrCammorcON op eumne"4%Pal* H k4�avafltcCa'asu9agp �` -- -------- -- ------- --------- -- -------- City of EF6 IT u W NJ.'�G§t ct•f tYAViR y1P� J� § 9' R4? 0✓,,*t"s 4.a � $� ®�4 4� ,®, E`�3..�e'Sa4,4&fi455S;"✓4'�" 3°'CA'FXi'z?"�i§dSYf Ordinance amending the Unified Development Code ("UDC"), upon application by the Port of Corpus Christi Authority of Nueces County, Texas ("Owner"), by changing the UDC Zoning Map in reference to a 268.68-acre tract of land out of the Geronimo Valdez Survey, Abstract 269, the John Garreghty Survey, Abstract 139, the T.T. Williamson Surveys, Abstracts Nos. 284, 285, 286, 287, 288, and 289, and the State Mineral Tract Nos. 1, 11, and 12, from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District; 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 the Port of Corpus Christi Authority of Nueces County, Texas, ("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, July 31, 2013, during a meeting of the Planning Commission, and on Tuesday, September 10, 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 the Port of Corpus Christi Authority of Nueces County, Texas ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 268.68-acre tract of land out of the Geronimo Valdez Survey, Abstract 269, the John Garreghty Survey, Abstract 139, the T.T. Williamson Surveys, Abstracts Nos. 284, 2857 2867 2877 288, and 289, and the State Mineral Tract Nos. 1, 11, and 12 (the "Property"), located south of La Quinta Road and bayward of the City limit line, from the "RS-6" Single-Family 6 District to the "IH" Heavy Industrial District, as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description pertaining to the Property, and Exhibit B, which is a map to accompany the metes and bounds, 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 and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 0713-05 Ordinance, Port of CC_rev08162013 Page 2 of 3 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 0713-05 Ordinance, Port of CC_rev08162013 Page 3 of 3 Ht4dro Ex Surveying I Construction I Hydro Excavation 802 N.Navigation Blvd.,Suite 102 Corpus Christi,Texas 78408 268.68-Acre Tract "LA QUINTA SUBMERGED LANDS" FIELD NOTES to describe the boundary of a 268.68-acre tract of submerged land herein referred to as the"La Quinta Submerged Lands"being a portion of a called 930.28-acre tract known as Tract II and all of a called 21.98-acre tract known as Tract IV — Submerged Tract, both in `Exhibit A"of a called 1089.34-acre tract described in a deed to the Port of Corpus Christi Authority of Nueces County, Texas as recorded in Document No. 1998005467,Official Records,Nueces County,Texas and being a portion of a called 4140.6-acre tract of submerged land conveyed by the State of Texas to Nueces County Navigation District No. 1 by Patent 106 dated August 9, 1951 as recorded in Volume 522,Page 201,Deed Records,Nueces County,Texas also being out of the State of Texas Submerged Land Tracts, Tracts 1 & 11,in Nueces County, Texas,said 268.68- acre tract being more particularly described by metes and bounds as follows; COMMENCING at a brass disk set in concrete known as a United States National Geodetic Survey monument marked"Quintana 1933",said monument having Texas State Plane Coordinates of X=1377525.05 and Y= 17211356.21,thence South 85°24'44"East a distance of 2,343.93 feet to a 1" iron pipe found for the southeast comer of the "La Quinta" 1089.34-acre tract for the northeast corder of said 21.98-acre tract and for the northeast comer of the tract herein described for the POINT OF BEGItNN1ING; THENCE South 06'31'00" East, a distance of 3387.40 feet to a point on the south boundary line of said 4140.6-acre tract for the southeast corner of the herein described tract; THENCE North 78'50'00" West, along the south boundary of said 4140.6-acre tract, a distance of 1587.78 feet to a point for an interior corner of the herein described tract; THENCE South 75°50'00" West, continuing along the south boundary of said 4140.6- acre tract, a distance of 2591.68 feet to a point for the southwest comer of the herein described tract; THENCE North 00°33'06" West, a distance of 2958.97 feet to a 1"iron pipe found for the southwest corner of the"La Quinta" 1089.34-acre tract for the northwest corner of the herein described tract; TI3ENCE, along the shoreline as surveyed by David Pyle, L.S.L.S., as noted on revised April 12,2004 survey of the Port of Corpus Christi Authority"La Quinta"property,said line being the 5.12' contour as observed by local tide staff datum on this date, the following calls; North 77'30'20"East,a distance of 144.29 feet; North 73'43'10"East,a distance of 324.21 feet; North 80032'47"East,a distance of 52.21 feet; South 68°07'44"East,a distance of 82.71 feet; North 51°17'53"East,a distance of 40.38 feet; South 69'00'25'°East,a distance of 48.51 feet; 1113-0147 . EXHIBIT A Page Iof3 North 65 142'18"East,a distance of 68.04 feet; North 12°56'20"East,a distance of 41.68 feet; North 61°34'29"East,a distance of 61.53 feet; South 32'36'16"East,a distance of 28.24 feet; South 86'52'13"East,a distance of 52.20 feet; North 60°03'22"East,a distance of 65.87 feet; North 33'12'46"East,a distance of 48.82 feet; North 71°32'21"East,a distance of 83.23 feet; North 75°07'58"East,a distance of 177.63 feet; South 55°25'32"East,a distance of 33.59 feet; South 84°48'58"East,a distance of 25.74 feet; North 59°31'28"East,a distance of 42.46 feet; North 22°33'06"East,a distance of 18.12 feet; North 77'51'15"East,a distance of 83.23 feet; North 80°58'36''East,a distance of 193.38 feet; North 76'16'33"East,a distance of 262.12 feet; South 63°27'20"East,a distance of 6196 feet; South 86°47'09"East,a distance of 111.77 feet; South 61'37'18"East,a distance of 54.95 feet; North 55°12'32"East,a distance of 118.23 feet; North 76°49'40"East,a distance of 59.49 feet; North 33°50'33"East,a distance of 32.19 feet; North 81°54'57"East,a distance of 51.75 feet; South 73°30'31"East,a distance of 43.04 feet; North 5710'46"East,a distance of 55.82 feet; North 89°21'55"East,a distance of 33.32 feet; North 23°09'01"East,a distance of 25.17 feet North 70'06'15"East,a distance of 211.13 feet, South 74'09'18"East,a distance of 58.76 feet; South 81'44'11"East,a distance of 69.17 feet; 1413-0147 _2 EX H I BIT A Page 2 of 3 North 67°48'37"East,a distance of 85.19 feet; South 53°58'45"East,a distance of 111.03 feet; South 76°59'25"East,a distance of 55.94 feet, North 34°12'58"East,a distance of 46.69 feet; North 85°26'36"East,a distance of 46.65 feet; North 50°02'37"East,a distance of 48.32 feet; North 11'34'57"East,a distance of 55.80 feet; North 85°33'37"East,a distance of 196.39 feet; South 57'07'15"East,a distance of 84.20 feet; South 88'12'34"East,a distance of 82.22 feet; North 28°22'03"East,a distance of 101.29 feet;, South 84°54'07"East,a distance of 144.95 feet; South 53'14'09"East,a distance of 43.08 feet; THENCE North 66135'48"East.a distance of 100.61 feet to a 1"iron pipe found for the northeast corner of the herein described tract and the POINT OF BEGINNING, CONTAINING within these metes and bounds 268.68 acres(11,703,481 square feet)of land,more or less. A record drawing of even date herewith accompanies this legal description. These field notes of a submerged land tract represent a survey made by calculation only and not on the ground under my direction and are true and correct to the best of my knowledge. The information of record noted herein was provided by the Port of Corpus Christi Authority. a . n Date 'k89- ael D.Stridde R.P.L.S.#3589 1044) H13-0147 EX H I BIT A Page 3 oi'3 Z �m an F>om m(0"7'Ko Hw¢m0 Q FQd-Y�r m a0���`m m�''N zr❑Z¢<(�y'n°�Xt rO?o z m-n r❑Sm vwm w Y m m�w k�xNSiO U❑O.'_zaoNW�o❑¢�¢a��w�'¢O vr-i!z oZ❑-K Fz�W O�W Z�o ooN x!vmo o'rn m�W¢ZS 0�?¢O�O I W-H p�F m�Om?i❑<r¢a¢m z p aw�~'Z Oo Uo mCI�w W-9j LLW-0Um wZ W�0_�p❑¢z¢ m r 0 Z�U=Z h��zZfO ¢ K O Z O X ¢ ❑W W 0 NO KZUU 0 5 O i o <00<0 0 Z o w 0 ¢ozo x d-.' w 0 �U a j 0 m0 p < '0 2NZi a z wwa-ov° z Q c5 0w 0W°O O ,<00 �a0z xN w m z z am J 0az° w OQ m 2� S � U� w>w W -¢u � 0 LL O O�I <L(I- >u 7� o 6 a a e a 8 0 d Z Q m¢ �0590 z o Z <�0.0WO O W ¢W oOW ❑¢ 0 > � �❑ riDiv ¢ w v > Fzzzw z�oa0 rO- Z o >w o 0 w - m0� Z �N�UwZN J OUCO 0 W OC)W W 0 w < m w z 0 N o O � ¢ Q < ❑ w M Q <x x -JOT � ¢v � m Z w z> x OOZwOZw ON-0 x CU1 W ¢¢m Oj �w � O a LLH A z� w � o a'z g- 0 M 0wzpp0 N m rn 1 U O~ Oy0F Z 0 \ aK wpmi�p B9 o gdZQ aa(wY¢FW- !' �OOm�NWW {"�o 11�a�,/ awz°W Ui wwrw CD Ib���(m0r QZ LLOm Ym�waiF Q rn m O O 0z W 10) �e 0�c�vUvwo w ¢ ;n - SQ°v4S mil< 0Z-'mmm W¢mQ `o m0U°ai o alwX-I- Z t 1 I t J 1 / � `�• 'PU � �t Sig�4 g �d o'o ` _ '\< co co a8L-v t =w ,! / , m❑ ao r w<� z 9dZ W m sa uoz!✓m,•'UJ�A'1=� '� O �,` 1; 0❑a w \ OY > w W �� �� r l� C) 0 ff,Y x 0. W,o :D W WZ - zZ.w 4 Itd rA Jo gQZ 0 P� `t — 7 QZw0 W l''T O(5 Io W "of lm m m5 go `-o.-to N ,o y LL m� ,. �a ®� Ll N{ �`' `\ 0 Z�m Q= a U 9ff4 Q- w m} Q w k1m `i'n ;, 11 Z `'\ o SOrrwo /y Z Cl. ox0 �w U.Q °� l')iuU ua °- Wzw�rn 'rte✓° pj9 �~ ¢crn woo cxiw �w v W3 w c .L6'896Z .90.£Eo00N w o< d7 C a ❑ U 11 ❑w m K 1 N Ow° w~w0 Or- 6i i, ENO w N � a i �rM j mmm o i O °-O m.D Q�ui� ®zZr2N o 6or� a n - cr -m�v F a � C9 JIJ t ®.z- Z W W m rc F az a�Z 2�ow 2 ..�_�`� �� mro 0 Ua(4 rn=&r=ii EXHIBIT B "- AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of September 10, 2013 Second Reading Ordinance for the City Council Meeting of September 17, 2013 DATE: August 15, 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 Light Industrial to Commercial by Stuart Spigel Property Address: 2301 Agnes Street CAPTION: Case No. 0813-01 Stuart Spigel: A change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. The property is described as Lots 1-24, Block 8, Patrick-Webb Addition, located between Agnes and Marguerite Streets and between Twentieth and Twenty-first Streets. PURPOSE: The purpose of this item is to allow commercial and public uses in an existing shopping center. RECOMMENDATION: Planning Commission and Staff Recommendation (August 14, 2013): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, Stuart Spigel is requesting a rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District in order to allow commercial and public uses that are not allowed in the "IL" District. The owner is interested in increasing the range of commercial uses allowed in his shopping center. The uses that currently occupy the shopping center are allowed in both the "IL" and "CG-2" Districts. A rezoning to the "CG-2" District would allow a broader range of commercial and other compatible uses on the subject property. The proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for commercial uses. The subject property has direct access to an arterial street without having to traverse through the surrounding residential areas. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approval of a special permit; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is consistent with the City's Comprehensive Plans and Future Land Use Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: 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 i a .x z � f(�7 ✓ r ,m r � e ✓a}�=5sr� -� 1.�L ss a } k , 9 _ zap 's . van Im Ohl offimmm PC s 2 �n 5^ppx w k �c HIGH L' � ����IY k9nY541r� ra�,x.'. ^2{� r y�y c„ 5 „^,tmakr'`8�i• -sea nj" .. {F,� S 1 f� �tr y s e -'7 (1 ?, EM Era MEN NMImomomm £ pai �s z 3- t MEMNON t r n a > s� s 4 w =' w ✓. 3 'll n1l a �. E s r W r e r �tST t J'' �- ` ✓�.�hers " �,�'� '„ i � - u ` Pon LiZ a 5 r r. CITY COUNCIL ZONING REPORT Case No.: 0813-01 HTE No. 13-10000025 Planning Commission Hearing Date: August 14, 2013 a Applicant/Representative: Stuart Spigel o Owner: SPS Texas Centers, Ltd. 6 am a Legal Description/Location: Lots 1-24, Block 8, Patrick-Webb E� 5 Addition, located between Agnes and Marguerite Streets and between Q°a D Twentieth and Twenty-first Streets. From: "IL" Light Industrial District To: "CG-2" General Commercial District •E n Area: 1 acre i° Q Purpose of Request: To allow commercial and public uses in an existing shopping center. Existing Zoning Existing Land Use Future Land Use District Site "IL" Light Industrial Commercial Commercial North "IL" Light Industrial Commercial Commercial & � Professional Office •� vi "RS-6" Single-Family 6 Low Density Low Density N° South & "RM-3" Multifamily 3 Residential & Vacant Residential c�a Medium Density y J East "IL" Light Industrial Commercial Residential & w Commercial "IL" Light Industrial & Medium Density West "RS-6" Single-Family 6 Commercial Residential & Commercial Area Development Plan: The subject property is located within the CL c boundaries of the Central Business Development Plan and is planned for M ° commercial uses. The proposed rezoning to the "CG-2" General Commercial a c District is consistent with the adopted Future Land Use Plan. a Map No.: 047044 Zoning Violations: None c ° Transportation and Circulation: The subject property has 300 feet of frontage along Agnes Street, which is an "A2" Secondary Arterial Divided ° street, and Marguerite Street, which is a local street. The subject property has CL approximately 145 feet of frontage along 20t" and 21St Streets, which are local streets. Zoning Report Case#0813-01 Stuart Spigel Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type Agnes St. "A2" Secondary 100' ROW 50' ROW Not O Arterial Divided 54' paved 42' paved Available Marguerite 50' ROW 50' ROW Not Q St. Local Street 28' paved 28' paved Available L Cn 20t" St. Local Street 50' ROW 60' ROW Not 28' paved 40' paved Available 21 st St. Local Street 50' ROW 60' ROW Not 28' paved 40' paved Available Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "CG-2" General Commercial District to allow additional commercial and public uses to occupy the existing shopping center. Some commercial and public/civic uses such as places of worship, educational facilities, and indoor recreation uses are not allowed in the "IL" District. The owner is interested in increasing the range of commercial uses allowed in his shopping center. The uses that currently occupy the shopping center are allowed in both the "IL" and "CG-2" Districts. A rezoning to the "CG-2" District would allow a broader range of commercial and other compatible uses on the subject property. The applicant does not plan to redevelop or expand the shopping center on the property at this time. Existing Land Uses & Zoning: North of the subject property is a paint and body shop and vacant buildings zoned "IL" Light Industrial District. East of the subject property is an automotive shop and a vacant building zoned "IL" Light Industrial District. South of the subject property are single-family dwellings and vacant land zoned "RS-6" Single- Family 6 District and "RM-3" Multifamily 3 District. West of the subject property are vacant buildings zoned "IL" Light Industrial District and "RS-6" Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Central Business Development Plan. The proposed rezoning to the "CG-2" General Commercial District is consistent with the adopted Future Land Use Plan's designation of the property as commercial. Plat Status: The subject property is currently platted. Zoning Report Case#0813-01 Stuart Spigel Page 3 Department Comments: • The shopping center's current tenants consist of commercial and public uses that are permitted in the "CG-2" General Commercial District. • The rezoning is consistent with the adopted Future Land Use Plan. Commercial uses are more compatible with the surrounding residential properties than light industrial uses. • The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for commercial uses. • Commercial activities that generate large volumes of traffic should have direct access to arterial streets without having to traverse through residential areas. The subject property has direct access to Agnes Street, which is an arterial street. Planning Commission and Staff Recommendation (August 14, 2013): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-2" General Commercial District. Number of Notices Mailed — 34 within 200' notification area; 6 outside notification area 0 As of August 15, 2013: In Favor — 4 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\0813-01 STUART SPIGEL\Council Docs2oning Report,Stuart Spigel,2301 Agnes.docx IH 2 U#itEQf3'S"�` SUBJECT M PROPERTY 2�f I.L per p'C �*'g^ "L 8 32 '.. " 93" 420 12 2d� _. " „: 8i Nw 3 ' u5 +�5 n ea � a' cr 0 ILLh 33 M9ARCUERITE ST � M e�yy�!77 L n T 24 25 9 2 _ - �„ i 4 iw 4 S P 6 rve � •D W PJ � � h w n M 1p. R � 7 4p hr ti' vp uy MA � °,n vp. sR my pt �t M fi�rt,ppy M M MARY T M N ii W m o w a are Creared,7'2W2013 0 i 0, $ 0 Prepared Ey.JEREMYM "f `.f e [ k Deparrtm t.�Devefopnrentserwces a CASE. 0813-01 CHANNEL ZONING & NOTICE AREA i RM-1 Multifamily 4 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial A0 RM-3 Multifamily 3 Put} Planned unit Deu Overlay CAN professional Office R$-10 Single-Family70 RM-AT Multifamily AT —LEOPARD-, SUBJECT f CN-f Neighborhood Commercial RS-6 Single-Family 6 PROPERTY' �: m g RS-0.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family t CR-1 ResortCommwclal RS-15 Single-Family 15 cNas- CR-2 Re so RE Residential Estate rt Commercial CG-f General Commercial RS-TH Townhouse a y CG-2 General Commercial $P Special Permit Cl intensive Commercial Ny Recreational Vehicle Park - �-- -�-- CBD Clowntown Commercial RMH Manufactured Home CR-3 Resort Commercial - .,.. FR Farm Rural /� a# - H Historic 0 Flay SP Business Park ,�w''�e�rwr.+r' FINS b)ec,F3 apN.riy Ouirrcrs "� ! C y( �`� F City o � rrt 2ac-,zuner ,z!rsvtu ,�+���s l�.�^�^!a� es'a—�• �`' C+t7]p1tS C7 raet s voMfP,200'fsled 09 V ©avers i�LJ CA I fY A� �```�.. �l, Christi ar:TV tacit PV _'hip to the A fi ouUo.$)tb! EXHIBIT A Ordinance amending the Unified Development Code ("UDC"), upon application by Stuart Spigel, acting as agent on behalf of SPS Texas Centers, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to Lots 1-24, Block 8, Patrick-Webb Addition, from the "IL" Light Industrial District to the "CG-2" General Commercial District; 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 Stuart Spigel, acting as agent on behalf of SPS Texas Centers, 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, August 14, 2013, during a meeting of the Planning Commission, and on Tuesday, September 10, 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 Stuart Spigel, acting as agent on behalf of SPS Texas Centers, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 1-24, Block 8, Patrick-Webb Addition (the "Property"), located between Agnes and Marguerite Streets and between Twentieth and Twenty-first Streets, from the "IL" Light Industrial District to the "CG-2" General Commercial District (Zoning Map No. 047044), as shown in Exhibit "A." Exhibit A, which is a location map pertaining to the Property is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. 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 and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 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 Ordinance, Stuart Spigel, 2301 Agnes Page 2 of 2 t f — MED0� � ' s [[ r SUBJEC I PROPERTY � f � I L AGNES ST UERITE ST__. � ? S ii .__ ` " --4r 1. _• ice„" i > fi tn s r : r �r � �.ri 3 �rc x a � F z ,I �, �� �. �� �.� � � P� S -�4 s MARY ST CASE: w .. .. SUBJECT PROPERTY WITH ZONING E3Propony M.r �roH �vyotir�maa� rai�1 * ` R' 3 �d4u741dainy S PUD plannod,4rnm v*v,owcr4ay 04, t 6 Chi-b a eighWE'lc ca Commonlop RS4-5 Sleigh-FamffC 4.'5 1 RR-I Re,1011 Ca mmert4 i �,. Cdr•+ Relwol Commem-Iml At 4}v*W;vn6,,A Eomm CG_4 +�*noW Cam merrial CG.2 General Comm, KIM FN C!Rfl �sv.�aYA F� aa,rims rt4€u4 Ro0e4TiahW le hbclo ErYi`i i. Mk4 '�a4rrzcl: cs H�Sra ,t r. _ CR-° RRwar6 Commorc4sa R'�rt�levr�rl "'•Ctty of ch :OcAtl(51V MAP, EXHIBIT A Cyr 0 � AGENDA MEMORANDUM oPOa EO First Reading Ordinance for the City Council Meeting of September 10, 2013 1852 Second Reading Ordinance for the City Council Meeting of September 24, 2013 DATE: August 26, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floydsp_cctexas.com 886-2604 Accepting and appropriating the 2014 Selective Traffic Enforcement Program grant from the Texas Department of Transportation (TXDOT) CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $48,041.33, for a total project cost of $144,439.23 and appropriating $96,397.90 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: TXDOT is providing funding to continue the overtime DWI and Speed enforcement grants in the Police Department for 2014. The grant provides overtime funding for DWI and Speed enforcement across the City with varied days of the week and hours of operation. Officers will be working on an overtime basis, with the City providing $21,641.33 for fringe benefits and $26,400 for mileage. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $48,041.33 $48,041.33 Encumbered / Expended Amount This item $96,397.90 $96,397.90 BALANCE $144,439.23 1 J $144,43 9.23 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award contract Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department for Driving While Intoxicated (DWI) and Speed Enforcement overtime, with a city match of $48,041.33 for a total project cost of$144,439.23; and appropriating $96,397.90 in the No. 1061 Police Grants Fund. BE IT ORDAINED 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 Transportation (TXDOT) in the amount of $96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department for DWI and Speed Enforcement overtime, with a city match of $48,041.33 for a total project cost of $144,439.23; SECTION 2. That $96,397.90 grant is appropriated in the No. 1061 Police Grants Fund to continue funding overtime for DWI and Speed Enforcement across the City. 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 SC AGENDA MEMORANDUM RP ILL First Reading Ordinance for the City Council Meeting of Sep. 10, 2013 -185?1 Second Reading Ordinance for the City Council Meeting of Sep. 17, 2013 ------------- DATE: August 30, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a grant from the Coastal Bend Regional Advisory Council in the amount of $30,000 to suppo'rt the Web Based Emergency Operations Center (WebEOC). CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Council in the amount of $30,000 for the benefit of the City's We operations; and appropriating $30,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. PURPOSE: The grant will be used to support the WebEOC. BACKGROUND AND FINDINGS: The Coastal Bend Regional Advisory Council (RAC) has forwarded to the City a check as a grant in the amount of $30,000. This is a direct grant for the benefit of the City's WebEOC operations. No application was required. The Office of Emergency Management (EOC) will use the funds to purchase equipment, technical support, training and travel. This is the fourteenth year that the Coastal Bend Regional Advisory Council has distributed similar grants to the Corpus Christi Fire Department. These funds originate from the Texas Department of State Health Services and are routed to the Regional Advisory Council for distribution. ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: one CONFORMITY TO CITY POLICY: Council approval of Ordinance to accept and appropriate grant funds. EMERGENCY / NON-EMERGENCY: Staff is requesting a non-emergency reading to this routine, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance— Grants and Office of Management and Budget. FINANCIAL IMPACT: Operating Expense Project to to Fiscal Year: 2013- I penditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item $30,000 $30,000 BALANCE -1 — $30,000 Fund(s): Comments: one RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance 2) Award Letter Ordinance Authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Council in t e a mount of $30,000 forte benefit of the City's We operations; and appropriating $30,000 from the Coastal Bend Regional Advisory Council into the o® 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from a grant from the Coastal Bend Regional Council in the amount of$30,000 for the benefit of the City's WebEOC operations. SECTION 2. That $30,000 is appropriated in the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. That the foregoing ordinance was read fort e 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 V Coastal Send Regional Advisory Councill P.O. Box 18460 Corpus Christi TX 78480 August 215t, 2013 Fire i City of Corpus Christi Leopard Corpus ii TX 78408 Chief Dear , Please find enclosed check 2896 in Coastal Bend Regional Advisory Council as continued City's to i , services,. technical support and training. If you have any questions i I . Hilary Executive it ® office SC 0 o° AGENDA MEMORANDUM First Reading for the City Council Meeting of September 10, 2013 NaRaoaa Second Reading for the City Council Meeting of September 24, 2013 DATE: September 5, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826-3729 Robert Rocha, Fire Chief rrocha @cctexas.com; (361) 826-3932 Approval of Construction Contract for Fire Station No. 5 Relocation Re-Bid (Bond 2008) CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer $181,690 in programmed project savings from Project No. 140232 New Fire Station in area of Holly/Saratoga and Ayers to Project No. 140231 Relocation of Fire Station No. 5 Project and authorizing the City Manager, or designee, to execute a Construction Contract with Safenet Services of Corpus Christi, Texas for the Fire Station No. 5 Relocation Re-Bid (Bond 2008) project in the amount of $1,777,037.00 for the Base Bid plus Additive Alternates C, E, F, I, J and K. PURPOSE: To award the construction contract for the Fire Station No. 5 Relocation Re-Bid project. BACKGROUND AND FINDINGS: Project consists of the demolition of a two-story building, and the construction of a single story fire station and a separate joint use building. Site improvements consist of existing paving demolition and new concrete paving drives and parking area, limited curb and gutter reconstruction, new site utilities, off-site utility tie-ins and street work, and lawn areas. Building construction consists of tilt-up concrete wall panels, steel framed roof system, drilled pier and suspended floor system, storefront openings, drywall partitions, flooring, suspended ceiling systems, hollow metal and plastic laminate doors, millwork, and HVAC, plumbing, fire sprinkler and electrical systems. The Base Bid includes demolition of the existing two story building and construction of the new Fire Station building and separate Joint Use Facility, including new site utilities and paving. There are eleven (11) Additive Alternates ("A" through "K"). • Additive Alternate "A" consists of the Apparatus Room Fan; • Additive Alternate "B" consists of the Exterior Canopies; • Additive Alternate "C" consists of Chain Link Fencing; • Additive Alternate "D" consists of a Flag Pole and Lights; • Additive Alternate "E" consists of Paving for HAZMAT Trailer Parking; • Additive Alternate "F" consists of an Apparatus Room Metal Gear Locker System; • Additive Alternate "G" consists of Apparatus Room Painting; • Additive Alternate "H" consists of a "Solatube" Roof-Mounted Tubular Skylight System; • Additive Alternate "I" consists of providing a diamond Polished Concrete Floor Finish at the Fire Station building and Apparatus Room only; • Additive Alternate "J" consists of an SBS Modified Bitumen Membrane Roof; • Additive Alternate "K" consists of an additional Concrete Sidewalk. On July 10, 2013, the City received proposals from four (4) bidders and their bids are as follows: Additive Alternates Total Base Bid plus Contractor Base Bid (C' E F I J K) Additive Alternates (C, E, F, I, J, K) SafeNet Services, LLC. $1,712,200.00 $64,837.00 $1,777,037.00 Corpus Christi, Texas KJM Commercial $1,859,000.00 $91,542.00 $1,950,542.00 Corpus Christi, Texas TBC Commercial $1,882,000.00 $68,700.00 $1,950,700.00 Portland, Texas Barcom Commercial $2,047,000.00 $66,780.00 $2,113,780.00 Corpus Christi, Texas ALTERNATIVES: 1. Award construction contract with additive alternates as recommended. 2. Award Base Bid plus ANY or ALL combination of alternates. 3. Do not award construction contract (not recommended, Bond 2008 project). OTHER CONSIDERATIONS: Additive Alternates A, B, G and H are not recommended because of project budget constraints. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; Bond 2008; FY 2013-14 Public health & Safety Capital Improvement Program. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue XCapital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $2,193,800.00 $181,690.00 $2,375,490.00 Encumbered / Expended Amount 305,161.23 305,161.23 This item 1,777,037.00 1,777,037.00 Future Anticipated Expenditures 2937291.77 2937291.77 BALANCE 1,888,638.77 -1,888,638.77 0 Fund(s): Public Health & Safety Bond 2008; Corpus Christi Independent School District Contribution Comments: Funds for this project include a donation from the Corpus Christi Independent School District (CCISD) in the amount of $193,800 toward the cost of designing and constructing the new facility. In addition, for the fee of one dollar per year, CCISD will lease to the City a 0.993 acre tract of land (43,255 sq. ft) on which to construct the new facility in return for joint usage as per the approved Interlocal Cooperation Agreement (Attachment One). Additional funds for this project are coming from programmed project savings in the Bond 2008 New Fire Station in area of Holly/Saratoga and Ayers project. This savings will be accomplished though the modified design and construction of the new station. RECOMMENDATION: City Staff recommend the approval of a construction contract with Safenet Services of Corpus Christi, Texas for the Fire Station No. 5 Relocation Re-Bid (Bond 2008) project in the amount of $1,777,037.00 for the Base Bid plus Additive Alternates C, E, F, I, J and K. LIST OF SUPPORTING DOCUMENTS: Ordinance Interlocal Agreement with CCISD Location Map Project Budget Powerpoint Presentation Page 1 of 2 Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer $181,690 in programmed project savings from Project No. 140232 New Fire Station in area of Holly/Saratoga and Ayers to Project No. 140231 Relocation of Fire Station No. 5 Project and authorizing the City Manager, or designee, to execute a Construction Contract with Safenet Services of Corpus Christi, Texas for the Fire Station No. 5 Relocation Re-Bid (Bond 2008) project in the amount of $1,777,037.00 for the Base Bid plus Additive Alternates C, E, F, I, J and K. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to transfer $181,690 in programmed project savings from the New Fire Station in area of Holly/Saratoga and Ayers to the Relocation of Fire Station No. 5 Project. SECTION 2. The City Manager or designee is authorized to execute a construction contract for the Relocation of Fire Station No. 5 for the Base Bid and Additive Alternates C, E, F, I, J and K in the amount of $1,777,037 with Safenet Services of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Page 2 of 2 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 THE STATE OF TEXAS COUNTY OF NUECES § INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ("Agreement") is made by and between the CITY OF CORPUS CHRISTI ("City"), a municipal corporation and home-rule city of the State of Texas, acting by and through its duly authorized City Manager, and the CORPUS CHRISTI j INDEPENDENT SCHOOL DISTRICT ("District"), acting by and through its governing body, the Board of Trustees. WHEREAS,the City desires to relocate its Fire Station#5. WHEREAS, the District desires to and agrees to lease 0.993 acre tract of land (43,255 sq. ft.) of the Seven Oaks Addition to the City to build a new fire station. i WHEREAS, the City agrees to construct and designate a facility for joint use of both parties. NOW, THEREFORE, in consideration of the mutual covenants in this Agreement and the attached Ground Lease, 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 allow the City to build a new Fire Station #5 on the' D'istrict's real property described as 0.993 acre tract of land (43,255 sq. ft.) out of lots 1- 4, and a portion of lot 5, block 4, of the Seven Oaks Addition, and more specifically described on the attached and incorporated Exhibit "A" (hereafter referred to as the "Property"). . SECTION 2. SERVICES, OBLIGATIONS, AND RIGHTS OF THE CITY. a) Prepare bid documents, manage, and, except as specifically provided in Section 3 below, pay for (1) the construction of a new fire station building and a joint use facility on district property and (2) demolition and clean-up of all existing structures. b) Designate a portion of the facility described above (a minimum of 800 square feet, including restrooms) as a Joint Use Facility ("Facility"). The City is not responsible for furnishing and equipping the Facility, unless such furnishings and equipment are needed for the City's anticipated use. C) Maintain a schedule of availability to the Facility. The District may use the Facility for educational purposes and the City may use the Facility for City's 2011-421-ommunity purposes. City has priority use and reserves the exclusive Res. 028945 he Facility on election days and for election events, unless otherwise 02/08/11 CCISD INDEXED {i I agreed b the Parties from time to time. The District shall have priority use of the g Y P Y Facility during the District's school year, unless otherwise agreed by the Parties from time to time. Prior to each school year, the parties' designated contact persons shall meet and cooperate to establish a schedule of anticipated use of the { Facility for the upcoming school year during the District's school hours. However, such a use schedule does not modify the priority usage rights described in this paragraph or elsewhere in the Agreement. f d) Provide parking spaces for City's employees and two (2) disabled parking spaces for the Joint Use Facility. The District and its employees, teachers, students, visitors, agents, and invitees to the Facility shall use Miller High School parking lot. e) Provide typical utilities (i.e. electrical and computer outlets), telecommunication lines, and other infrastructure as required under applicable codes to the Facility, excluding specialized equipment. f) Request the removal of any District personnel, students, instructors, or visitors whose conduct or work may have a detrimental effect on safety or student learning. The City is not responsible for or in charge of supervising any District students or visitors to the Facility under any circumstances. District will provide security and/or adult supervision to the Facility during its use. g) Designate, mark and/or denote Rose and Pierpoint Streets ("Side Streets") as "Fire Lane/No Parking — Tow Away Zone". During District events held at Buccaneer Stadium, District will provide security to ensure that the side streets will be cleared and free of obstruction for passage of the City's emergency vehicles and traffic. SECTION 3. SERVICES, OBLIGATIONS, AND RIGHTS OF THE DISTRICT. a) Provide the City with one-hundred ninety-three thousand eight hundred ($193,800.00) dollars toward costs of building/structure demolition/disposal, asbestos removal, Department of Safety and Health Services notification, air monitoring, A/E fees, project administrative costs, etc. All costs in excess of this amount for the demolition, planning, construction, or maintenance requirements under this Agreement shall be borne by the City. b) Provide adequate security and/or adult supervision of students and/or visitors to the Facility during its use. c) Provide janitorial services to the Facility after each District use. Keep Facility in good, clean and safe condition, and dispose of trash, rubbish and waste in the trash receptacle designated by the City. Keep all cords, wires, and equipment in Facility secured or taped down when and where applicable. d) Provide furniture and/or equipment, including telecommunication equipment, needed by the District at the Facility. All personal property and trade fixtures furnished by the District remain the property of the District, unless the personal property and trade fixtures are specifically donated to the City. e) Provide the City with at least five (5) business days notice prior to scheduling any educational activities at the Facility, unless the District has already reserved the Facility for particular days on the schedule provided under Section 2.c above. Activities must be confined, complied, and conformed to the District's policies. 1 f) Reimburse the City or repair any damages caused by the District's employees, agents, students, teachers, visitors, or invitees during its use of the Facility, except as may be prohibited or provided otherwise by law. g) Keep employees, teachers, students, and visitors from entering adjoining City's premises or Fire Station#5, unless for emergency purposes. h) Keep the noise level of the Facility at a reasonable level not to violate the City's noise ordinances or to disrupt Fire Station#5 daily operation. i) Allow City to use the Buccaneer Stadium parking lot, if not in use by the District, for overflow parking. SECTION 4. PAYMENT AND FUNDS. Payment shall be made within thirty (3 0) days from receipt of the other party's request for reimbursable expenses incurred in the performance of this Agreement, provided the request for payment is properly prepared, executed, and documented (i.e. valid invoices or receipts; and/or verified statement or supporting documentation). Each party which performs services under this Agreement will do so with funds available from its current revenues. SECTION 5. TERM OF AGREEMENT. For and in consideration of one dollar a year, along with the benefits of the Agreement stated herein, receipt of which is hereby acknowledged, the District hereby agrees to lease to the City the Property, for a term of fifty (50) years, according to the terms of the Ground Lease attached to this Agreement as Exhibit "B" ("Ground Lease") and incorporated fully herein. The City has the option to renew the lease for an additional term of fifty (50) years. If the City desires to exercise this option, it must notify the District in writing of its desire to extend the lease no later than one year prior to the expiration of the lease; otherwise the lease will terminate on the expiration date. The City Manager is authorized to execute any and all subsequent renewals and/or amendments to this Agreement. The Ground Lease will be irrevocable so long as the building construction by the City on the lease premises is used as a City fire station, and the District will grant the rights of ingress and egress to the lease premises. i SECTION 6. INTERLOCAL COOPERATION ACT. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interloeal Cooperation Act. This Agreement is made pursuant to Chapter s 791 of the Texas Government Code. SECTION 7. LIABILITY. Each party to this Agreement will be responsible for any civil liability for its own actions 1' under this Agreement, except that nothing in this Agreement shall constitute a waiver or J limitation on any immunity, defense, or other protection afforded either party under state or federal law. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. SECTION 8. MISCELLANEOUS. (a) 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 the City or District in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. (b) Entire Agreement. This Agreement, including Attachments, represents the entire agreement between the Parties, and supersedes any and all prior agreements between the Parties, whether written or oral, relating to the subject of this Agreement. (c) Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. (d) Notices. All notices required or permitted hereunder shall be in writing and shall be deemed 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 parry may have theretofore prescribed by notice to the sending party. C_ Ity District City Manager Superintendent City of Corpus Christi Corpus Christi ISD 1201 Leopard 801 Leopard Street Corpus Christi, Texas 78401 Corpus Christi, Texas 78403 (e) Non-Waiver. Failure of any party hereto to insist on the strict performance of any of the Agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. (f) Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or District or any of its officer, agent, or employee. f (g) No Waiver of Immunity. No party hereto waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. (h) Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a 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, and so modified, this Agreement continue in full force and effect. (i) No Third Parties Benefit. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. (j) Laws and Venue. Both the City and District shall comply with all applicable Federal, State, County, and local laws, ordinances,rules, and regulations pertaining to this Agreement and each party's respective performance thereunder. This Agreement will be interpreted according to the Texas laws which govern 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 i Procedure. i (k) Warranty. The Agreement has been officially authorized by the governing body of each party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. (1) Non-Assignment. Neither this Agreement, nor any interest therein, is assignable or transferrable, in whole or in part, directly or indirectly, without the prior consent of the City and District; however, this Agreement is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. (m) Contact person: The parties have designated the following individuals as their contact person to schedule activities or use of the Facility. i .I City: District: Administrator Administrator Fire Department City of Corpus Christi Corpus Christi Independent School District An . Escobar (Date) Jo L goria ( ate) City Manager Bo d P esident�j ATTEST: ATTEST. Armando Chapa (Date) Carol Cott (Date) City Secretary Board Secretary I i APPROVED AS TO FORM: APPROVED AS TO FORM: Izo t I January 6, 2011 T. Trisha Dang (Date) Philip D. Fraissinet (Date) Assistant City Attorney Attorney For Corpus Christi TSD For City Attorney 7UTH-RILED C-0001L..­ 2U/ SECRETWR I I O OZ aaub� bD D ��GZj 2hZj <m F•'tbnlZa y� DSO cch2N. DD n ;It 4- b b 0 Z (n Z OW C 0 wa mr.n z° °off m d�T,:i`Q h7 z Lo 0 n y n o s ROSE ST ; zS2U o p Loin 0 Q m Fv o o z i�ti'S6L M.OZ.04.�0N p4 -ni cn z z 0 �D Z 0 ❑ cz �m�� N z ti IOA 0 4 X z m - N01lSa{Pd dSNtiO N31+35 ORR-+ � 0 A Or�Z At I m L9 rn� o [n�mX z w a r CD -0 Z m m b U) A C m n d Nm �Z -�'i,`Oor 0 n C� 4 i Z m 39 ;D U W m N W m a�� nom r 6 � m � A m ` O ur �ZZ U� (A o IOC ^ z L4 rJ/ Zm o { y y 'v 3 2 s rn i Q 4 OOd M r a 'W U Ui. p• '�+ SOO.08'53"W 195.00' CL N j � (� 0 PIERPOINT ST ADO N � U) 71,Q Q rd D cD yl Cf) @ Lo In z nl I Ln O �iP6 Nu �1 0 zz n _ z V 0 liiiiol z FEW t b l r " A " �1 i GROUND LEASE between I CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT and CITY OF CORPUS CHRISTI dated as of February�, 2011 KID I B IT i 1 �I i TABLE OF CONTENTS 1 EXHIBITS The following exhibits are attached hereto and made a part hereof: Exhibit "A" Survey of and Legal Description of Property 1 JExhibit "1" Amortization Schedule for Improvements i I GROUND LEASE BETWEEN CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND CITY OF CORPUS CHRISTI AS OF 49012011 it 1 GROUND LEASE THIS GROUND LEASE ("Lease") is made and entered into as of this Q Y day of F6,3Ru*yty�2011 ("Effective Date") by and between the Corpus Christi Independent School District ("CCISD" or "DISTRICT"), a public school district organized under the Texas j Education Code and a political subdivision of the State of Texas, ("Lessor"), and the City of 1 Corpus Christi, a municipal corporation and home-rule city of State of Texas, ("Lessee"), pursuant to that certain Interlocal Cooperation Agreement dated as of Fea q , 2011 ("Interlocal !, Agreement"),to which this Lease is attached as an exhibit and incorporated fully therein. ARTICLE I J Definitions In addition to terms defined elsewhere in this Lease, the terms defined in this Article I shall, for all purposes of this Lease and the attached exhibits and all agreements supplemental hereto, have the meanings herein specified, unless provided otherwise: "Applicable Law" shall mean all federal, state, county, and city laws, ordinances, implementing regulations, executive orders, interpreting authorities, and requirements of Governmental Authorities (as hereinafter defined) governing Lessee's construction of the Improvements, use of the Property, or any of the rights and obligations under this Lease. Additionally, "Applicable Law" shall include, but not be limited to, Title VI of the Civil Rights Act of 1964, as amended; Title VII of the Civil Rights Act; Title IX of the Education Amendments of 1974; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; the Americans with Disabilities Act; The Family Educational Rights and Privacy Act of 1974; the Texas Education Code; and Chapter 61, Subchapter CC of Title 19 of the Texas Administrative Code, the Texas Local Government Code; the Texas Government Code, and the Corpus Christi Code of Ordinances. "Business Days" shall mean any day that(a) is not Saturday or Sunday; (b) is not a public holiday as defined by Chapter 662 of the Texas Local Government Code; (c) is not a day designated as a non-work day by either CCISD or the City; and (d) both CCISD and the City are open for business. "Environment" shall mean ambient air, surface water, ground water, land surface and subsurface strata. "Environmental Laws" shall mean any federal, state, or local laws, ordinances, codes, rules, regulations, judicial or administrative orders or judgments, permits, licenses, or policies directed to, governing, addressing, or imposing liability or use, storage, treatment,transportation, manufacture, refinement, handling, production, disposal, or other standards of conduct with respect to or otherwise relating to (i)protection of human health, natural resources, or the environment; or (ii) manufacturing, processing, distribution, use, treatment, storage, disposal, release or threatened release, spilling, leaking, pumping, pouring, emitting, injecting, depositing, escaping, dumping, or leaking of Hazardous Materials (as herein defined). Such laws shall include, but not be limited to, the following acts, as amended: the Comprehensive GROUND LEASE BETWEEN CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND CITY OF CORPUS CHRISTI AS OF e. 4 ,2011 i Environmental Response Compensation and Liability Act of 1980; the Hazardous Materials i Transportation Act; the Resource Conservation and Recovery Act; the Toxic Substances Control Act; the Clean Water Act; the Clean Air Act;the Safe Drinking Water Act; and in the regulations adopted in publications promulgated pursuant to the foregoing acts. l� "Governmental Authority" or "Governmental Authorities" shall mean the City of Corpus a Christi, Nueces County, the State of Texas, the federal government or any other governmental entity, federal or state agency, or local political subdivision of the State of Texas that has jurisdiction and power over the Property;provided, however, that such term shall not include the Corpus Christi Independent School District. "Hazardous Materials" shall mean (a) petroleum or petroleum products, factions, derivatives or additives, natural or synthetic gas, urea formaldehyde, foam insulation, polychlorinated biphenyls, and radon gas; (b) radioactive materials, substances, and waste and radiation; (c) any flammable substances or explosives; (d) all asbestos (friable or non-friable) and lead-based paint; (e) any substances included within the definitions of "hazardous substances," "hazardous materials," "toxic substances," "solid waste," "toxic chemicals," "toxic pollutants," "contaminants," "pollutants," "solid waste," "hazardous wastes," "extremely hazardous substances," "restricted hazardous wastes," or words of similar import under any Environmental Law; and (f) any other substance to which exposure is prohibited, limited, or regulated under any Environmental Law. "Improvements" shall mean, collectively, all improvements, machinery, equipment, fixtures, facilities, structures and personal property of every kind and description and of a permanent nature that will be erected on the Land during the Term of this Lease by or on behalf of Lessee, including the Joint Use Facility. "Interlocal Cooperation Agreement" shall mean that agreement between the City of Corpus Christi and the Corpus Christi Independent School District dated as of ��3,q 2011 to which this Ground Lease is attached as an exhibit and incorporated therein. "Joint Use Facility" shall mean that portion of the Improvements to be constructed on the Land by Lessee that shall be available for use by Lessor for educational purposes and Lessee as described in this Lease and the Interlocal Cooperation Agreement. "Land" shall mean that 0.993 acre tract of land (43,255 sq. ft.) out of lots 1-4, and a portion of lot 5, block 4, of the Seven Oaks Addition, and more specifically described on the attached and incorporated Exhibit"A" (hereafter referred to as the "Property"). "Lease Year" shall mean each twelve (12) month period throughout the Term commencing on the first day of the first full month following the Commencement Dates (as defined herein) and expiring on the last day of the twelfth full calendar month following such date, except that the first Lease Year also includes the partial month in which the Commencement Dates occurs and the last Lease Year shall expire at midnight on the Expiration Dates(as defined herein) or earlier termination of this Lease, as the case may be. "Property" shall mean the Land and the Improvements. 1 "Release" shall be defined as it is in the Comprehensive Environmental Response, I Compensation, and Liability Act, 42 U.S.C. § 9601 (22). "Term" shall mean that period of time during which this Lease is in effect as described in Article 3.1 below, unless sooner terminated under the terms of this Lease. 1 ARTICLE II Grant, Easements, and Licenses 2.1 Grant. In consideration of the covenants and agreements herein made by the parties hereto, including, without limitation Lessee's agreement to use the Property for the purposes set forth herein and to assume the responsibilities for development as set forth herein, Lessor hereby demises and leases to Lessee and Lessee hereby leases from Lessor the Land for the Term, upon the terms and conditions herein provided. 2.2 As-Is. Lessee has made a complete inspection of the Land and agrees it will accept the Land for the purposes set forth herein "AS IS" "WITH ALL FAULTS" on the Commencement Dates without recourse to Lessor; except as otherwise set forth herein. 2.3 Joint Use Agreement. Lessor and Lessee shall have the right to access and use the Joint Use Facility under the terms of and as more particularly described in the Interlocal Cooperation Agreement. . ARTICLE III Term and Termination 3.1 Lease of Land. Subject to the terms, covenants and agreements contained herein, the term of this Lease with respect to the Land is for a period of fifty (50) years, commencing on FEaR,wog ! q, 2011 (the "Lease Commencement Date") and expiring on @EL5 2061 (the "Lease Expiration Date"), unless earlier terminated in accordance with the terms hereof. The City has an option to renew the lease for an additional term of fifty (50) years which it may exercise pursuant to the terms of the Interlocal Cooperation Agreement. 3.2 Right to Terminate. Lessor and Lessee each ,shall have the right to terminate this Lease at any time by delivering to the other party three hundred sixty-five (365) days prior written notice of the same, specifying the date on which the Lease shall terminate the Lease (the "Termination Date"); Except as set forth herein, in the event that the Lease is terminated by Lessor prior to 6 t 2061, Lessor shall pay Lessee for the unamortized costs paid by Lessee to construct the Improvements, including the Joint Use Facility, as set forth in an Amortization Schedule that will be provided by the City at the completion of the construction of the Improvements and which will become part of this Lease as Exhibit 1. The foregoing obligation to pay for the applicable unamortized costs of the Improvements does not apply in the event that the Lease is terminated by the Lessee for a reason other than default or breach by Lessor or if Lessor terminates the Lease because of default or breach by Lessee as set forth in Article 11. On the Termination Date, this Lease automatically shall terminate, all of the terms, covenants, and conditions of this Lease thereafter shall be null and void and of no further force and effect, and neither party shall have any further obligation or liability to the other under this Lease, except for a the payment of the applicable unamortized costs as required under this Section 3.3 in the event of termination by Lessor for a reason other than default or breach of Lessee or in the event of termination by Lessee for default or breach of Lessor. During the Term, the parties agree that the Lease will be amended to incorporate adjustments to the applicable amortization schedule for the Improvements made necessary by the actual and direct costs expended by Lessee for capital improvements to the Improvements such as replacement of roofing, HVAC equipment, and other mechanical systems. 3.3 Surrender of Property. Upon the expiration or earlier termination of this Lease, Lessee shall surrender the Property and title and ownership of all Improvements, excluding removable fixtures,personal property, equipment, and/or machinery,to Lessor. I ARTICLE IV Use�Maintenance, Re�ulations�Liens, Operating Costs, and Alterations 4.1 Lessee's Use of Property- Fire Station. (a) Lessee's Use of Property. Lessee may use the Property only for the operation of a Fire Station for the City of Corpus Christi or similar function and related uses associated with such a function, or in the event that the Property is not used for a fire station or similar function through no fault of either parry or in the event that both parties agree, Lessee may use the Property for any other municipal or educational purposes in partnership with Lessor that provides a mutual benefit to both Lessor and Lessee. Lessee will not use or permit use of the Property for any other purpose without the prior written consent of Lessor. Lessee shall not engage in or permit any act or omission in or about the Property that is in violation of Applicable Law. Additionally, other than in connection with the aforementioned permitted uses, Lessee shall not do or permit to be done anything that may invalidate or increase the cost of any insurance policy covering the Land. (b) Lessor and Lessee's Use of Propert y. Lessor and Lessee's use of the Property shall be as described in the Interlocal Cooperation Agreement under Sections 2 and 3. 4.2 Maintenance. Except as may be otherwise specifically set forth in this Lease with respect to the obligations of Lessor, Lessee shall, at all times during the Lease Term, at its sole cost and expense, except for damages caused by Lessor, keep and maintain the Property, the Improvements, landscaping and lawn care, and supplemental heating and air conditioning systems serving the Improvements (including all plumbing connected to said facilities or systems installed therein) in good order and repair and in a clean and neat condition. Lessee shall be responsible for and pay for the cost of any repairs, except for damages caused by Lessor, to the Property made necessary by Lessee's use of the Property. In the event that Lessee fails to maintain and repair the Property in accordance with this Section 4.2(a) and has failed to remedy or commence the remedy and diligently pursue the cure thereof such non-performance within thirty (30) Business Days after receipt of written notice from Lessor, Lessor, at its option, may I 1 make such repairs or replacements, and Lessee, upon demand, shall pay Lessor for the cost thereof. At no time during the Term, except when the damages are caused by Lessor, will Lessor, through exercise of any right or privilege of this Lease, be deemed responsible to Lessee or any third party for the maintenance and/or condition of the Property. Lessor may, at its sole costs and expense, review and/or inspect the maintenance records of the last five (5) years of the lease Term prior to the surrender of the Property. 4.3 Operating Costs. In addition to any other costs for which Lessee is specifically required to pay or is responsible under this Lease, Lessee shall be responsible for and shall pay all Operating Costs connected to or related to the Property that accrue during the Term. For purposes of this Lease, the term "Operating Costs" shall include, without limitation, the following: (a) refuse removal, waste disposal,janitorial services, and/or any other related service used by Lessee and Lessor shall be responsible for its own janitorial services and/or any other related services during its use of the Joint Use Facility; 1 b cost of utilities (including taxes and other charges incurred in connection � ) ( g g therewith from which Lessee or Lessor is not exempted by any Governmental Authority) provided to the Land. or Improvements; (c) fuel, supplies, equipment,tools,materials, service contracts; (d) gardening and landscaping costs; and (e) costs incurred because of a violation of Applicable Law by Lessee. 4.4 Apblicable Law. (a) Throughout the Term, Lessee and Lessor each shall comply with all Applicable Law including Environmental Laws. (b) Upon prior written notice to Lessor, Lessee shall have the right to contest the validity or application of any Applicable Law or Environmental Laws, by appropriate legal proceedings diligently conducted in good faith, in the name of Lessee. 4.5 Liens Arising? Through Lessee. Lessee will not permit the Land to become subject to any lien in connection with its use of the Land or construction of the Improvements. - Notwithstanding the foregoing, in the event any lien shall be filed against the Land based upon any action or inaction of Lessee, Lessee shall promptly take such action as will remove or satisfy the lien;provided, however, that Lessee, at its sole cost and expense, may contest the validity or amount of any such lien, and,pending the determination of such contest, postpone the removal or satisfaction thereof, except that Lessee shall not postpone such removal or satisfaction so long as to permit or cause any loss of title to all or any part of the Land or its appurtenances. 4.6 Liens Arising ThrouyJ,1 Lessor. In the event any lien shall be filed against the Property based upon any action or inaction of Lessor, Lessor shall promptly take such action as will remove or satisfy the lien;provided, however, that with respect to a lien affecting the Land, { 3 JI 1 { Lessor may contest the validity or amount of any such lien, and, pending the determination of such contest, postpone the removal or satisfaction thereof, except that Lessor shall not postpone such removal or satisfaction so long as to permit or cause any loss of title to all or any part of the Property. 4.7 Alterations. After the completion of the construction of the Improvements, Lessee shall have the right from time to time to make, or cause to be made, at its sole cost and expense, improvements, additions, alterations, and changes (collectively "Alterations") in or to the Land it deems necessary or desirable to carry out any activity or use permitted by Section 4.1, including any alteration, demolition, or removal of existing Improvements or items of personal property on the Land; provided however, that any such Alterations comply with Applicable Law. All such alterations shall be performed in accordance with Sections 4.4(a), 5.1(h) and 5.1(i) of this Lease. ARTICLE V Improvements I 5.1 Construction of Improvements. (a) Lessee, at its sole cost and expense, shall construct the Improvements, as provided in this Article V. (b) The Improvements shall include a Joint Use Facility that will contain, at a minimum, 800 square feet of building space that will be sufficient for Lessor's educational purposes. Lessee shall consult Lessor regarding the design and construction of the Joint Use Facility, and Lessor shall designate and provide, within three (3) days, Lessee with a contact person and information who will review the design and construction of the Joint Use Facility. (c) Lessee agrees to design Improvements, which shall include all drawings and other documents for the development of the Property, construction of the Improvements, I construction of the infrastructure necessary to serve the Property, and all signage documents (collectively, the "Construction Documents"),to be in compliance with Applicable Laws. (d) Lessee shall promptly submit proposed Construction Documents of the Joint Use Facility to Lessor for review to ensure compliance with the Applicable Laws, including the Education Code and related regulations, and consistency with Lessor's anticipated use of the Joint Use Facility. (e) Lessor shall promptly review the Construction Documents to ensure compliance with Applicable Law and consistency with Lessor's anticipated use of the Joint Use Facility and inform Lessee in writing of its objections, if any, to the Construction Documents for the failure of such Construction Documents to comply with Applicable Law or Lessor's anticipated use of the Joint Use Facility, and Lessee will revise the said Construction Documents and deliver a corrected version to Lessor for approval within a reasonable period of time, after Lessee receives Lessor's notice of disapproval and objections. Lessor shall bear the costs and expenses for any modifications and/or revisions it requests to be made to the Construction Documents except for those changes which are necessary for the design to comply with i I Applicable Laws, including the Education Code and related regulations, as well as the requirements of this Lease or the Interlocal Agreement. Failure of Lessor to respond to Lessee q �' p within ten (10) Business Days shall be deemed to be Lessor's approval of said submittal. Any deviations from or modifications to the Construction Documents after such Construction Documents have been approved by Lessor must be first reviewed and approved by Lessor for conformance to the above prior to issuance or construction according to the deviations or modifications. (f) Lessee may submit Lessee's site-related drawings for obtaining Permits, as hereinafter defined, to the appropriate Governmental Authority as needed to meet Lessee's ' schedule. However, if the documents submitted for Permits have not been approved by Lessor _ and/or are not in compliance with Applicable Law, Lessee will submit drawings for Permit modifications to bring them into compliance with the Architectural Standards before construction. (g) The final Site Plan shall comply with Applicable Law. Lessee shall construct, at its sole cost and expense, all necessary infrastructure to operate the Improvements, including, but not limited to, connections, extensions and other facilities to the point of distribution to the Property or adjoining public streets or easements to bring sufficient public water supply, storm sewer, sanitary sewer, gas service, telephone, electric power required, and as may be required by this Lease and Applicable Law for Lessee's use of the Property. (h) Upon receipt of Lessor's approval of the Construction Documents, and upon receipt of all applicable Permits (as hereinafter defined), Lessee shall construct the Improvements and the infrastructure related thereto in conformance with (i)the approved Construction Documents; (ii) certain standards to be used in construction of Improvements on the Properly and any related 'infrastructure, as required by Section 12.1; (iii) all Applicable Law; and (iv) any other requirements set forth in this Article V or in this Lease. (i) Prior to commencing construction of the Improvements, Lessee shall, at Lessee's sole cost and expense, obtain all construction permits, licenses and regulatory approvals (the "Permits") required by Applicable Law for the construction, maintenance, occupancy, and operation of the Property. (j) Lessee shall provide one copy, either electronic or paper, of as-built drawings to Lessor within a reasonable time after the final completion of the construction of the Improvements. 5.2 Construction of Driveway (a) Lessee, at its sole cost and expense, shall construct necessary driveways ("Driveways")to provide ingress and egress to the Improvements. (b) Notwithstanding anything to the contrary contained in this Lease, prior to commencing construction of the Driveways, Lessee, at its sole cost and expense, shall obtain all Permits required by Applicable Law and/or any Governmental Authority for the construction of the Driveways. Prior to termination of this Lease, Lessee shall maintain the Driveways. l ( ) Lessee hereby grants,rants, establishes and creates for the benefit of the Lessor's Property and Lessor, its agents, contractors, representatives, invitees, employees, and licensees, a non-exclusive casement for the purposes of pedestrian ingress and egress over, upon, and across the Driveways for access to and use of the Joint Use Facility. 5.3 Construction and Maintenance of Drainage System. i a (a) The drainage system shall consist of the bio-retention ponds, the storm sewer pipes, and inlets required or advisable for the purpose of mitigating the effect of development and redevelopment of the Property and Lessor's Property ("Drainage System"). The Drainage System shall be located on, traverse, and serve the Property and the Lessor's Property and shall be constructed in accordance with the standards set forth in Applicable Law. (b) Lessor hereby grants to Lessee during the term of this Lease a non- exclusive license to enter upon Lessor's Property for the purpose of constructing that part of the Drainage System necessary to drain the Property. 1 (c) Lessor shall be responsible for maintaining that part of the Drainage System that serves the Property until this Lease is terminated. 5.4 Ownership of Improvements. Lessor and Lessee agree that the Improvements shall be considered the property of Lessee during the Term and, on the expiration or earlier termination of the Lease or any part of the Lease, all Improvements physically attached or affixed, to or incorporated in or made part of the Land shall become the property of Lessor. Notwithstanding the foregoing, Lessee may remove any fixtures, equipment, machinery, and/or other personal property (collectively "Removables") at the time of surrender of the Property to Lessor as long as such Removables do not damage the Improvements or the Land, unless Lessee repairs such damage. ARTICLE VI Taxes,Assessments, and Utilities 6.1 Tax-Exempt Status. Lessor and Lessee acknowledge that both parties are entitled to exemption from ad valorem taxation and that the Property will not be subject to such taxation. In the event ad valorem taxes are assessed against the Property at any time during the Term due to a change in Lessee's tax-exempt status Lessee, at its sole cost and expense, will defend against any such assessment. If such defense is unsuccessful and the Property is subjected to ad valorem tax liability, Lessee shall pay for any ad valorem taxes assessed against the Property. 6.2 Utilities. Lessee, at its sole cost and expense, including without limitation any impact or other fees related to the Utilities (as hereinafter defined), shall cause to be installed and maintained within the Property all facilities necessary to supply to the Land and Improvements, including, but not limited to, all water, storm sewer and drainage facilities (in accordance with the terms of this Lease and Applicable Law, sanitary sewer, gas, electricity, telephone, and other utility facilities required in furtherance of Lessee's use of the Property ("Utilities"). Lessee shall be responsible for all costs and expenses of maintaining and servicing all Utilities, except Lessor i f shall pay for any service charges associated with phone or other telecommunication charges needed for the Joint Use Facility. ARTICLE VII Securi Lessee shall be responsible for the access control to the Property, however, Lessor shall be responsible, at its sole costs and expense, for providing security and/or and adult supervision of students and visitors, during its use of the Joint Use Facility. During its use of the Joint Use Facility and during Lessor-sponsored events at Buccaneer Stadium, Lessor shall provide security to enforce parking violations by its employees, students, and invitees on Rose and Pierpoint Streets and shall be responsible for maintaining those streets cleared and free of obstruction for passage of Lessee's emergency vehicle and traffic. ARTICLE VIII I Insurance 8.1 Lessee's Insurance. Lessee, at Lessee's sole cost and expense, shall obtain and maintain in effect for the Term of the Lease the following insurance coverage: (a) special causes of loss (formerly known as "all-risk") property insurance (including coverage for fire and other casualties) on the Improvements covered in this Lease, j insuring against all perils on a replacement cost basis or with other reasonable coverage; I (b) commercial or business automobile liability coverage with limits not less than imposed by Sections 101.023 and 101.051 of the Civil Practice and Remedies Code, including coverage for owned, non-owned, and hired vehicles; (c) commercial general liability coverage in accordance with Tort Claims Act limits while joint use facility being used by Lessee; (d) workers' compensation for Lessee's employees, in the amounts and types required by Applicable Law; and (e) Notwithstanding anything to the contrary contained herein, Lessee may self-insure the obligations set forth in Sections 8.1(b), (c) and (d) above. 8.2 Insurance Companies. Each of the insurance policies required under Section 8.1(a) shall be issued by solvent insurance carriers legally licensed and authorized to do business in the State of Texas and having ratings of Best's Insurance Guide, A-/VIII or Standard &Poor Insurance Solvency Review A- or better. 8.3 Additional Requirements. The parties acknowledge that Lessee is self-insured and that, except for the property insurance required under Section 8.1(a), the levels of insurance above shall be satisfied by Lessee's self-insurance. Lessee agrees to furnish a letter confi nn.ing the City's self-insured status and a copy of the certificate for the property insurance required under Section 8.1(a), demonstrating that the foregoing insurance policies are in full force and effect and will not be cancelled without thirty (30) days prior written notice to each of such parties. Lessee will provide property insurance on the Joint Use Facility and City owned contents. 8.4 Waiver of Subrogation. With respect to the coverage described in Sections 8.1 (b), (c) and (d), and 8.7 (b), (c) and (d), whenever any loss, cost, damage or expense resulting from fire, explosion, or any other casualty or occurrence is incurred by either Lessor or Lessee, ' or anyone claiming by, through, or under Lessor or Lessee in connection with the Property; and such party is then covered, in whole or in part, by insurance with respect to such loss, cost, damage or expense, then the party so insured hereby releases the other party from any liability the other party may have on account of such loss, cost, damage, or expense, to the extent of any amount recovered by reason of such insurance, and waives any right of subrogation which j otherwise might exist in or accrue to such party on account thereof; provided that such release of liability and waiver of the right of subrogation shall not be operative in any case where the effect thereof is to invalidate such insurance coverage or increase the cost thereof. { 8.5 Blanket Policies. Lessee may obtain the insurance policies required under Section 8.1 under a blanket or umbrella insurance policy or policies covering other properties as well as the Property; provided, however, that any such policy or policies of blanket insurance shall specify therein (or Lessee shall furnish Lessor with a written statement from the insurers under such policy or policies specifying) the amount of the total insurance allocated to the Property, which amounts shall not be less than the amounts required by Section 8.1(a) above. Except for the right of Lessee to provide coverage under a blanket or umbrella insurance policy or policies, the insurance policies required under this Article 8 must meet all other insurance requirements hereunder. 8.6 Change in Applicable Laws. In the event that any Applicable Laws are repealed, amended, or otherwise changed that would require insurance in a type or amount other than set forth herein or would operate to increase the risks of the respective parties with regard to the Property, the insurance requirements under this Article 8 will be adjusted and this Lease shall be amended to reflect the change in coverage necessitated thereby. 8.7 Lessor's Insurance. Lessor, at Lessor's sole cost and expense, shall obtain and maintain in effect for the Term of the Lease the following insurance coverage for the Joint Use Facility and District owned property: (a) special causes of loss (formerly known as "all-risk") property insurance (including coverage for fire and other casualties) on District owned contents covered in this Lease, insuring against all perils on a replacement cost basis or with other reasonable coverage; (b) commercial or business automobile liability coverage with limits not less than imposed by Sections 101.023 and 101.051 of the Civil Practice and Remedies Code, including coverage for owned, non-owned, and hired vehicles; (c) commercial general liability coverage in accordance with Tort Claims Act limits while District use the Joint Use Facility; (d) workers' compensation for Lessor's employees, in the amounts and types required by Applicable Law; and f (e) Notwithstanding anything to the contrary contained herein, Lessor may self-insure the obligations set forth in Sections 8.7(b), (c) and (d) above. 8.8 Insurance Companies. Each of the insurance policies required under Section 8.7(a) shall be issued by solvent insurance carriers legally licensed and authorized to do business in the State of Texas and having ratings of Best's Insurance Guide, A-VIII or Standard & Poor Insurance Solvency Review A- or better. ARTICLE IX Condemnation 9.1 Termination. If, at any time during the Term, title to all or substantially all of the l Property shall be taken in condemnation proceedings, such that the Property can no longer be used for its intended purpose, by any right of eminent domain or by any conveyance in lieu of or in settlement of a condemnation or eminent domain proceeding by the Governmental Authority with such jurisdiction and power over the Property ("Condemnation"), this Lease shall immediately terminate and be of no further force or effect as of the date the Property is actually physically occupied by the condemnor. Lessor shall be entitled to all proceeds from any Condemnation relating to the Land, and Lessee shall be entitled to all proceeds from any Condemnation relating to the Improvements. 9.2 Partial Condemnation. In the event of a partial Condemnation which does not terminate this Lease, this Lease ,shall continue in effect as to the remainder of the Land for the balance of the Term. Proceeds from any such partial Condemnation shall be distributed in the same manner as those for a full Condemnation. ARTICLE X Assignment 10.1 Assignment and Transfer. (a) Lessee may not assign, transfer, sell, convey, or pledge this Lease or any portion, obligation or interest herein or hereunder, or all or any portion of Lessee's leasehold estate under this Lease, or sublet all or any portion of the Property to any party without Lessor's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. (b) Lessor may not assign, transfer, sell, convey or pledge this Lease or any portion, obligation or interest herein or hereunder without Lessee's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. { ARTICLE XI Default 11.1 Lessee Event of Default. Lessee's failure to observe or perform any material provisions of this Lease for ninety(90) days after receipt of written notice specifying such failure shall constitute an event of default under this Lease ("Lessee Event of Default"); provided, however, that if Lessee has commenced to cure the same within such ninety (90) day period and thereafter shall prosecute the curing of same with reasonable diligence, then the time within which such failure may be cured shall be extended for such period as may be reasonably necessary to complete the same with reasonable diligence, but in no event more than one hundred eighty (180) days, unless a longer period is agreed to by the parties. 11.2 Lessor's Remedies for Lessee's Default. If a Lessee Event of Default shall have occurred and all cure periods shall have passed, Lessor shall have the right at its election, then or at any time thereafter so long as such Lessee Event of Default remains uncured, to either give written notice to Lessee of its election to (a) terminate this Lease on a date specified in such notice, which date shall not be less than ninety (90) days after the giving of such notice, or (b) pursue other remedies available to Lessor at law and equity. In the event Lessor chooses to terminate the Lease pursuant to subsection (a), thereafter the Lease shall terminate and the parties shall have no further rights, liabilities or obligations hereunder except as otherwise expressly provided for herein. 11.3 Lessor's Default. Lessor's failure to observe or perform any material provisions of this Lease for ninety (90) days after receipt of written notice specifying such failure shall constitute an event of default under this Lease ("Lessor Event of Default"); provided, however, that if Lessor has commenced to cure the same within such ninety (90) day period and thereafter shall prosecute the curing of same with reasonable diligence, then the time within which such failure may be cured shall be extended for such period as may be reasonably necessary to complete the same with reasonable diligence, but in no event more than one hundred eighty (18 0) days,unless a longer period is agreed to by the parties. 11.4 Lessee's Remedies for Lessor's Default. If a Lessor Event of Default shall have occurred and all cure periods shall have passed, Lessee shall have the right at its election,then or at any time thereafter so long as such Lessor Event of Default remains uncured, to give written notice to Lessor of its election to (a) terminate this Lease on a date specified in such notice, which date shall not be less than ninety (90) days after the giving of such notice, or (b) pursue other remedies available to Lessee at law and equity. In the event Lessee chooses to terminate the Lease pursuant to subsection (a), thereafter the Lease shall terminate and the parties shall have no further rights, liabilities or obligations hereunder except as otherwise expressly provided for herein. 11.5 No Waiver of Default. No waiver of any breach of any covenant or provision of this Lease shall be construed to be a waiver of any other covenant or provision. i ARTICLE XII Environmental 12.1 Hazardous Materials. (a) Lessee hereby represents to Lessor that Lessee shall not use or permit the use of any Hazardous Materials in violation of applicable Environmental Laws in the development, construction, operation, maintenance, occupancy, or use of the Property. In addition, Lessee shall not engage in any act or omission that is in violation of any Environmental Laws. Nothing in this section shall be construed to prohibit Lessee's use of any material, hazardous or otherwise, if necessary to carry out its duties and responsibilities as an emergency ? responder or as it relates to Lessee's duties and responsibilities as firefighters and public safety r officers. I (b) Lessor hereby represents to Lessee that Lessor shall not use or permit the I use of any Hazardous Materials in violation of applicable Environmental Laws in the use of the Joint Use Facility. In addition, Lessor shall not engage in any act or omission that is in violation of any Environmental Laws. 12.2 Environmental Insurance. In the event that either Lessor or Lessee elects to acquire insurance for protection against any environmental risks, the party making such election shall bear the responsibility and costs associated with acquiring such insurance. 12.3 Other Environmental Inspections and Surveys. Lessor grants Lessee the right to conduct other environmental and geophysical inspections and surveys, including such inspections that require intrusive testing on the Property, subject to the requirements under this Section 12.4. Prior to commencing such inspections and testing, Lessee shall provide notice to Lessor of the intended visit, the identity of the personnel to access the Property, and the date and time of the intended visit. During such inspections and surveys, Lessee shall ensure that activities on the Property are neat and workmanlike and that all waste materials are properly handled and disposed o£ Lessee shall be responsible for the acts of all personnel accessing the Property during such inspections and surveys and shall promptly (i) notify Lessor of and (b) repair any damages resulting from such personnel's activity on the Property. Lessee shall ensure that all of its contractors conducting inspections or surveys on the Property shall indemnify and release Lessor and its agents, employees, and officials from any and all liability, including attorney's fees, arising from property damage, personal injury, or loss of life that may occur in connection with such activities. Lessee shall provide Lessor a copy of any reports produced as a result of such environmental inspections or surveys. ARTICLE XIII Limitation of Liability and Release 13.1 Mutual Release. EXCEPT IN CONNECTION WITH THE OTHER PARTY'S FAILURE TO COMPLY WITH THIS LEASE OR APPLICABLE LAWS, LESSOR AND LESSEE HEREBY RELEASE EACH OTHER AND THEIR RESPECTIVE { REPRESENTATIVES, AGENTS, EMPLOYEES, AND OFFICIALS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITY, OR EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES), ARISING FROM LOSS OF LIFE, PERSONAL INJURY AND/OR PROPERTY DAMAGE, CAUSED BY OR RESULTING FROM ANY ACT OR OMISSION OF THE OTHER PARTY, ITS REPRESENTATIVES, AGENTS, EMPLOYEES, AND OFFICIALS, IN CONNECTION WITH SUCH PARTY'S USE OR OCCUPANCY OF THE PROPERTY, OR RELATING TO THE ENVIRONMENTAL CONDITION OF THE LAND. THE PROVISIONS OF THIS SECTION 13.1 SHALL SURVIVE, AND SHALL CONTINUE IN FULL FORCE AND EFFECT FOLLOWING THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 13.2 Non-Waiver. j (a) LESSEE DOES NOT WAIVE OR RELINQUISH ANY IMMUNITY OR DEFENSE ON BEHALF OF ITSELF AND ITS OFFICERS, EMPLOYEES AND AGENTS AS A RESULT OF ITS EXECUTION OF THIS LEASE AND PERFORMANCE OF THE FUNCTIONS OR OBLIGATIONS DESCRIBED HEREIN. NOTHING HEREIN SHALL BE CONSTRUED AS CREATING ANY PERSONAL LIABILITY ON THE PART OF ANY OFFICER,DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF LESSEE. (b) LESSOR DOES NOT WAIVE OR RELINQUISH ANY IMMUNITY OR i DEFENSE ON BEHALF OF ITSELF AND ITS TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS AS A RESULT OF ITS EXECUTION OF THIS LEASE AND PERFORMANCE OF THE FUNCTIONS OR OBLIGATIONS DESCRIBED HEREIN. NOTHING HEREIN SHALL BE CONSTRUED AS CREATING ANY PERSONAL LIABILITY ON THE PART OF ANY I OFFICER, DIRECTOR, TRUSTEE, EMPLOYEE OR REPRESENTATIVE OF LESSOR. ARTICLE XIV Representations and Warranties 14.1 Lessee's Representations. As consideration to Lessor to enter into this Lease, Lessee hereby represents and warrants to Lessor that, notwithstanding anything herein to the contrary, as of the Effective Date: (a) Organization. Lessee is a home-rule city organized under the laws of the State of Texas and a political subdivision of the State of Texas, with all necessary power and authority to enter into this Lease and to consummate the transactions herein contemplated. (b) Power and Authority. The execution, delivery and performance of this Lease by Lessee are within Lessee's powers and have been duly authorized by all necessary action of Lessee. (c) No Conflict. The execution and delivery hereof and the performance by Lessee of its obligations under this Lease do not violate, conflict with or result in a breach of or constitute an event of default under, and are not inconsistent with any material terms or material i provisions of, any contract, agreement, instrument, or Applicable Laws to which Lessee is a party or is subject or any judgment, order, or decree applicable to Lessee. (d) No Consents. Upon the execution of this Lease by Lessee, Lessee will have caused all governmental proceedings required to be taken by or on behalf of Lessee to authorize Lessee to make and deliver this Lease and to perform the covenants, obligations, and agreements of Lessee hereunder. No consent, authorization, approval, order, or other action by, and no notice to or filing with, any court or Governmental Authority or regulatory body or third party is required for the execution or delivery of this Lease by Lessee or the performance by Lessee of its covenants, obligations, and agreements hereunder, other than any such approval, which already has been unconditionally given. -t (e) Valid and Binding Obligation. This Lease is the legal, valid, and binding obligation of Lessee, enforceable against Lessee in accordance with its terms, except as limited by applicable relief, liquidation, conservatorship, bankruptcy, moratorium, rearrangement, insolvency, reorganization, or similar laws affecting the rights or remedies of creditors generally, as in effect from time to time. i 3 (f) No Pendin g Litigation, Investigation or Inquiry. There is no action, proceeding, inquiry, or investigation, at law or in equity, before any court, arbitrator, governmental or other board or official, pending or, to the knowledge of Lessee, threatened against or affecting Lessee, which Lessee in good faith believes that the outcome of which would (i) materially and adversely affect the validity or enforceability of, or the authority or ability of Lessee under, this Lease to perform its obligations under this Lease, or (ii) have a material and adverse effect on the consolidated financial condition or results of operations of Lessee or on the ability of Lessee to conduct its business as presently conducted or as proposed or contemplated to be conducted. 14.2 Lessor's Representations. As consideration to Lessee to enter into this Lease, Lessor represents and warrants to Lessee that; notwithstanding anything herein to the contrary, as of the Effective Date: (a) Organization. Lessor is a public school district under the Texas Education Code and a political subdivision of the State of Texas, with all necessary power and authority to enter into this Lease and to consummate the transactions herein contemplated. (b) Power and Authority. The execution, delivery, and performance of this Lease by Lessor are within Lessor's powers and have been duly authorized by all necessary action of Lessor. (c) No Conflict. The execution and delivery hereof and the performance by Lessor of its obligations under this Lease do not violate, conflict with, or result in a breach of or constitute an event of default under, and are not inconsistent with any material terms or material provisions of, any contract, agreement, instrument, or Applicable Laws to which Lessor is a party or is subject or any judgment, order, or decree applicable to Lessor. (d) No Consents. Upon the execution of this Lease by Lessor, Lessor will have caused all governmental proceedings required to be taken by or on behalf of Lessor to i authorize Lessor to make and deliver this Lease and to perform the covenants, obligations, and agreements of Lessor hereunder. No consent, authorization, approval, order, or other action by, and no notice to or filing with, any court or Governmental Authority or regulatory body or third party is required for the execution or delivery of this Lease by Lessor or the performance by Lessor of its covenants, obligations, and agreements hereunder, other than any such approval which already has been unconditionally given. (e) Valid and Binding Obli ag tion. This Lease is the legal, valid, and binding obligation of Lessor, enforceable against Lessor in accordance with its terms, except as limited j by applicable relief, liquidation, conservatorship, bankruptcy, moratorium, rearrangement, insolvency, reorganization, or similar laws affecting the rights or remedies of creditors generally, as in effect from time to time. I (f) No Pending_Litigation, Investigation or Inquiry. There is no action, proceeding, inquiry or investigation, at law or in equity, before any court, arbitrator, governmental, or other board or official, pending or, to the knowledge of Lessor, threatened against or affecting Lessor, which Lessor in good faith believes that the outcome of which would (i) materially and adversely affect the validity or enforceability of, or the authority or ability of Lessor under, this Lease to perform its obligations under this Lease, or (ii) have a material and adverse effect on the consolidated financial condition or results of operations of Lessor or on the ability of Lessor to conduct its business as presently conducted or as proposed or contemplated : to be conducted. (g) Parties in Possession Liens. There are no tenants other than Lessor, there are no other parties in possession of any part of the Property and no one has any right to occupy any part of the Property. There are no liens, recorded or otherwise, which affect title to the Property. i ARTICLE XV Notices Any notice required or permitted to be given hereunder shall be in writing and shall be (i)personally delivered; (ii) deposited in the United States mail,prepaid and registered addressed to the parties to be notified with return receipt requested; (iii)transmitted by nationally- recognized courier service; or (iv)transmitted by facsimile. For purposes of notice, the addresses of the parties shall be as follows: (a) In the case of Lessor: Superintendent Corpus Christi Independent School District 801 Leopard Street Corpus Christi, Texas 78403-0110 (b) In the case of Lessee: City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 All notices and other communications shall be deemed to have been duly given on (i)the date of receipt if delivered personally; (ii) seven (7) days after the date of posting if transmitted by mail; (iii)the day after delivery to the courier if transmitted by courier; or (iv) the date of transmission with confirmation if transmitted by facsimile, whichever shall first occur. Notice in any other manner shall be effective only if and when received by the party to be notified. Any party may change its address for purposes hereof by notice to the other party in the manner prescribed herein. ARTICLE XVI Covenants Binding { The terms, covenants, agreements, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the successors and assigns of Lessor and the successors and assigns of Lessee and shall be construed as covenants running with the land. ARTICLE XVII Memorandum of Lease Either party may prepare a Memorandum of Lease which shall be signed by Lessor and Lessee simultaneously (or at any time during the Term hereof) with the execution hereof, to be recorded pursuant to the provisions of law, which Memorandum shall set forth the Lease provisions, or the substance thereof, as either parry desires. ARTICLE XVIII Miscellaneous 18.1 No Partnerships or Joint Ventures. Nothing herein contained shall be construed to make the parties partners or joint venturers or to make Lessor liable for any obligations incurred by Lessee in the conduct of its business and no party dealing with Lessee shall be entitled to look to Lessor or to Lessor's interest in the Property for the recovery of any sum owed by Lessee or any damages for which Lessee may be liable. Nothing herein contained shall be construed to make the parties partners or joint venturers or to make Lessee liable for any obligations incurred by Lessor in the conduct of its business and no party dealing with Lessor shall be entitled to look to Lessee or to Lessee's interest in the Property for the recovery of any sum owed by Lessor or any damages for which Lessor may be liable. 18.2 Additional Documents. Each party agrees that at any time and from time to time upon the written request of the other party, it will execute, acknowledge and deliver to the other i party not later than ten (10) days after said written request such certificates or other documents as the requesting party may reasonably request in connection with this Lease. 18.3 Severability. If any term or provision of this Lease shall, to any extent, be illegal, invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be automatically as a part of this Lease, a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 18.4 Counterparts. This Lease may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 18.5 Entire Agreement. It is expressly understood and agreed by and between the parties hereto that this Lease and the documents referred to herein set forth all of the promises, agreements, conditions, and understandings, whether written or verbal, between Lessor and Lessee relative to the subject matter contained herein and/or the Property and that there are no promises, agreements, conditions or understandings, either oral or written, between them other 1 than as herein set forth. 18.6 No Merger of Estates. The leasehold estate shall not merge with the fee estate in the event that the same person or entity acquires, owns or holds, directly or indirectly, the fee estate and the leasehold estate in the Property. 18.7 Choice of Law; Venue. This Lease shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law rules thereof which may direct the application of the laws of another jurisdiction. Venue shall be in Nueces County, Texas. 18.8 Table of Contents and Captions. The table of contents and the captions under the Article numbers of this Lease are for convenience and reference only and in no way define, limit or describe the scope or intent of this Lease nor in any way affect this Lease. 18.9 Modifications. Each and every modification and amendment of this Lease shall be in writing and signed by Lessor and Lessee, and each and every waiver of, or consent to, or departure from any representation, warranty, covenant, or other term of this Lease shall be in writing and signed by the affected party thereto. [Signatures appear on the following page] IN WITNESS WHEREOF, the parties hereto have duly executed this instrument as of the day and year first above written. City of Corpus Christi (Lessee) Corpus Christi Independent School District(Lessor) t 1 fl. Escobar (Date) .I Longor (bate) City Manager Board President ATTEST: ATTEST: ;'-/r/", Armando Chapa (Date) Carol A. cott ate) i City Secretary Board Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: January 6, 2011 T. Tri a Dang (Date) Philip D. Fraissinet (Date) Assistant City Attorney Attorney For Corpus Christi ISD For City Attorney . o2 AuTHoRlZEI) PROJECT BUDGET Fire Station No. 5 Relocation Project No. 5245 FUNDS AVAILABLE: Public Health & Safety Capital Improvement Budget (Bond 2008)........................... $ 2,000,000.00 Interlocal Agreement with CCISD..................................................................... 193,800.00 Public Health & Safety Capital Improvement Budget Reserves (Bond 2008).............. 181,690.00 TOTAL AVAILABLE:..................................................................................... $ 2,375,490.00 FUNDS REQUIRED: Construction (Safenet Services, LLC.) $ 1,777,037.00 Contingencies 10%....................................................................................... 177,703.80 Design Fees: Consultant Design (SolkaNavaTorno, LLC..)* ..................................................... $ 245,103.20 Testing Fees: Testing Agreement (Kleinfelder Central, Inc.) (Geotechnical Study)**....................... $ 24,600.00 Reimbursements: Contract Administration (Contract Preparatio n/Awa rd/Ad min)................................. $ 39,985.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)..................................... $ 62,195.00 Finance Reimbursements............................................................................... $ 22,213.00 Misc. (Printing, Advertising, etc.)...................................................................... $ 4,440.00 Public Art (1.25% of Construction)................................................................ $ 22,213.00 TOTAL....................................................................................................... $ 2,375,490.00 Estimated Project Balance.............................................................................. $ - * Consultant Contract awarded by City Council Action on April 19, 2011. **Testing Agreement awarded administratively on June 23, 2010. \Mproject\councilexhibits\exh5245.dwg �1 IEDp MUECES l?Aj/ 4RD Up R/, EXISTING = w ER FIRE STATION h o RD o z o w 'O O Change/ w o °IH37 o z o g / � Y 6 a LEOPARD U � HWY44 AGNES oAGNE o MO G CORP1lS C AISrr = Y CORPUS CHRISTI PROPOSED 1-q° INTERNATIONAL I FIRE STATION lycGLOIN RD �� W.POINT 0 5 0`o Goll/�R gRgTGGq o S/ CAYODEL OSO Bl�D m LOCATION MAP NOT TO SCALE ft O � 7 001 < EXISTING FIRE STATION Aft, iR ETA TE "�+E a ss L0 $ yr 0" PROPOSED PROJECT SITE ✓ �` itO PA{D$7 r E r { 3 ' hk uj ut�tt / /€ // / SUISUll SUI SUI SUI r Xl/ s € ,., E :€ ✓ tryJS( / //77 / Y ?ss„�; ` r ,t+,,+tn I f '� 1€ ; f t ,✓>s L'y „ Y lr f€ / r s"✓ tX€ r,r� „ 9 VICINITY MAP PROJECT#5245 NOT TO SCALE CITY COUNCIL EXHIBIT FIRE STATION No. 5 RELOCATION CITY CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 y� s c� � O Lf) O O . U O � Z N -� pQ 4� w Z tm r` vy qEN �. N v r t r <! € ..r fir+ tt rr22jj44 V V J � Q) u w bA �� O +, DO c ct i--� O O O C) ;-4 ct �� N qE CJ co o u ui V 9 1 f t J 1 �1jT f t nz 4 rr �fy b 1 qEf i u ui CL '15 L Q) V LL V 4) . O N o r (D P-� o -I-, C)- � .0 0 U OC: 22 - m N 'U -r- C: }, o Q o 3 � L U � oN n0 N C: U L_ N � a 0 C: V a) C: a o 00 m N � U) CL a) ._ o U � U LJ -0 Co O CL a v j Co cn �O OC: C: a � O O Ui N qE U U) o � Q) 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 O M O 00 N O 0 0 0 0 0 0 O O O O Ih M M O In Lo M O M O O O O O Cl) O O O 00 O T-- q T-- O O 00 (O 11 O f� T- (O O � 04 N 11 W O vi T- U h L6 O N C14-NIli N Lc O O 00 ti ti � N M O N N ti •� 0 M h T- N M V N N N EA EE} EE} EA EA EA EA EA EA EA Ef} Ef} w • �� 0 O 0 � N � : 0 Q J _ N ° T 00 m O _ 0 ON N C N a M CN ° � Q � 0 � m U - 2 C, ° � cu to to o � ca U rn o 0 0 U S cu o cU E E U _ ca U > > J J N o i c U Q N o (D 0) T aD ca o o cu 2 iu >, >, o 0 0 cu CU CU cu _ _ _ `. - o > o m cu N (6 m w � C C .0 i -0 m U J C.6 N C.6 J D E CC: (D -a Lo •0 0 N -C Q O o .o �, pay E U E � N U rn Q o o Q 3 aD a Q �', � cn = ca = J CO i rn C 3 U N N d , D U o Q D N C C c c Q c j O ; o o a�'i o T) C C: n - H ° a� � � s0- v U o U � v w LL 0- w y'~ 1' 0 ¢ aRY AGENDA MEMORANDUM First Reading for the City Council Meeting of September 10, 2013 Second Reading for the City Council Meeting of September 17, 2013 DATE: 8/12/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mop_cctexas.com 361-826-3494 Community Enrichment Fund (4720) appropriation for park improvements CAPTION: Ordinance appropriating $410,468.46 in developer contributions and $766.93 in interest earnings for a sum of $411,235.39 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. PURPOSE To appropriate funds received from developer fees and interest in the Community Enrichment Fund so that the funds would be available for associated projects. BACKGROUND AND FINDINGS: The Platting Ordinance provides that, should the City accept fee in lieu of land or park development fees, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than 5 miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas. ALTERNATIVES: Do not collect fees in lieu of land or park development fees for the acquisition or improvement of parks. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City policy requires all funds drawn from the city treasury be appropriated by City Council before they can be expended. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 411,235.39 411,235.39 BALANCE 411,235.39 411,235.39 Fund(s): The Community Enrichment fund was established to record revenues and expenditures for park land acquisition, park development, and improvements to parks. Comments: Revenues deposited to this fund for park development are 1) fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically, usually at the end of each fiscal year. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Attachment—Schedule of park development fees, fees in lieu of land, and interest earned to be appropriated. Ordinance Ordinance appropriating $410,468.46 in developer contributions and $766.93 in interest earnings for a sum of $411,235.39 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Whereas, City of Corpus Christi Unified Development Code provides that should the City accept fees in lieu of land for park dedication, the fees shall be placed in the City's Community Enrichment Fund for the acquisition or improvement of parks most likely to serve the subdivision; Whereas, City of Corpus Christi Unified Development Code provides that park development fees may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: Section 1. That $410,468.46 in developer contributions and $766.93 in interest earnings for a sum of $411,235.39 is appropriated in the No. 4720 Community Enrichment Fund for park improvements and other related projects. 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 day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor ATTACHMENT A City of Corpus Christi, Texas August 2012 -July 31, 2013 Fund: 4720-Community Enrichment Fund 4720 Total Acct# Org. Account Description Un-appropriated 330003 21300 Developer Fee- interest 122.56 330005 21300 Park trust-u n restrict interest 568.23 330395 21371 Gateway interest 6.14 330405 21357 HEB Park pool &tennis interes 1.26 330435 21502 Beautification prom. interest 6.47 330555 21507 Ed exchg prg-Sister City int. 0.44 330635 21511 Permanent art trust interest 61.83 INTEREST 766.93 330002 21300 Park Development Fee 213,000.00 330061 21336 Cole Park donation 216.00 330200 21670 Abbott 234.35 330200 21626 Hollywood Terrace, Blk2, Lt4A 240.93 330200 21617 San Cristobal @ Terra Mar 1,750.00 330200 21627 Maples Hill 4,200.00 330200 21669 Wood Oaks 7,400.00 330200 21634 Summer Wind Village 16,800.00 330200 13042 Ben Garza 37,500.00 330200 21374 Crossgate Linear 88,750.00 330215 21451 Nueces Gardens 149.30 330256 21319 Coves at Lago Vista 921.28 330352 21418 Purde Road 7,400.00 330380 21395 King's Point 23,671.60 330846 21528 Los Vientos @ Terra Mar 6,000.00 330918 21421 Royal Creek Estates 0.00 340000 21440 Park Memorials 2,235.00 CONTRIBUTION 410,468.46 TOTAL INT/CONTRB 411,235.39 se cc AGENDA MEMORANDUM First Reading Item for the City Council Meeting of September 10, 2013 k6RY Second Reading Item for the City Council Meeting of September 17, 2013 DATE: 8/21/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director Michael MoC cctexas.com 361-826-3460 Funding for the Creation of a Strike Force CAPTION: Ordinance appropriating $296,500 from the Unreserved Fund Balance in the No. 1020 General Fund Reserve to be used for emergency maintenance employees and equipment; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase appropriations by $2967500. PURPOSE: The Strike Force will be created to handle minor emergency maintenance items from the City Manager's Office for expedited action. Generally, these will be items where the actual work can be done in less than two days. Larger projects than this scope would be referred to the proper department. An inspection program will be created and implemented to look for these minor maintenance problems or concerns in the designated areas. The four-person team will be supervised by the Parks and Recreation Department in coordination with the City Manager's Office. BACKGROUND AND FINDINGS: A series of smaller concerns and projects have arisen that are in need of attention. These include items such as mowing, weed removal, sign repair, litter pick up and similar items. Most of these concerns are in high profile areas such as North Beach, Downtown, Bayfront, and major thoroughfares. The concentration of the Strike Force work will be on City property such as street right of ways and City facilities. ALTERNATIVES: Do not approve OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council action is required. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 296,500.00 296,500.00 Encumbered / Expended Amount This item 296,500.00 296,500.00 BALANCE 0.001 1296,500.001 Fund(s): General Fund Comments: RECOMMENDATION: Recommend approval. LIST OF SUPPORTING DOCUMENTS: Ordinance, Presentation Page 1 of 1 Ordinance appropriating $296,500 from the Unreserved Fund Balance in the No. 1020 General Fund Reserve to be used for emergency maintenance employees and equipment; changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 to increase appropriations by $296,500. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $296,500 is appropriated from the Unreserved Fund Balance in the No. 1020 General Fund Reserve to be used for emergency maintenance employees and equipment. Section 2. That the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915is changed to increase appropriations by $296,500. 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 day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor S r t� i ��'l��n.,,,, l t s! r F {; a r' V/ O v 4-J 7' 4J •� j p i All�, �, V / C a--+ 4J c/1 u 4J 3 c 4-j o v Q v 4-j O / Q / / l/ F {; a f � rt off u • ,� b1J t, / 3 T �' % ^^ 11 •rte / �L/ � O •rl O (� f �I !i /--�� fl al v � l /SF I/ ,�3 •� � v r \ I r \ O v O O l/ fry W, { 4 r y� fN Y erY, j i i h�3 t l l . // . lJ / Il i // y y• IMP N"IR z m t. r. ; i a o A I l/ W, ids 70 L Q� O N O a O O X N N U E C) o L •� Cn O (D O ol O •L �; Q L N N O Q t, vJ a O O /.. In i /�l l } l l I I l/ fs� O O O O O O Lr y 00 O �f1 N � f' rr N cn N ^ O � � U O V U i N O (t 0 V v � a ,f � � � •� W W rG v V �-4 N v bzv v O v bA 0 ri .v •C14 C14 V �' p '-' r--4 N l/ 1�5 or r 1 ; Lm FM CL !� ' U J , yj Ell r7, ar:, Sj i {G I Em® Roll,/ice Its CIO JIT ram T / j / too y ��JfJ I f ILI cu I MEN / / rr , / r .4@US Ga 0 H AGENDA MEMORANDUM N�oP©�p,EO First Reading for the City Council Meeting of September 10, 2013 1852 Second Reading for the City Council Meeting of September 17, 2013 DATE: August 28, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Born Street Conversion from one-way traffic to two-way traffic CAPTION: Ordinance amending Section 53-250 of the Code of Ordinances to delete "Born Street, between Water Street and Chaparral Street" from Schedule I, One-way streets and alleys; providing for penalties; providing for severance; and providing for publication. PURPOSE: This ordinance proposes to change Born Street between Water Street and Chaparral Street from one-way traffic to two-way traffic. BACKGROUND AND FINDINGS: Born Street is a two block local access and circulation street, with one block between Water Street and Shoreline Boulevard being a two way section and one block between Water Street and Chaparral Street being a one-way eastbound section. This one-way section should be converted to two-way for simplification of the circulation pattern on these two streets in these two blocks. (See Attached Exhibit) The Traffic Advisory Committee JAC) reviewed this item and passed a motion on March 25, 2013 recommending the City Council approve converting Born Street between Water Street and Chaparral Street from one-way traffic to two-way traffic. The section of Born Street between Water Street and Chaparral Street was originally converted from two-way traffic to one-way traffic in July 1968. Mr. Ron Martin with Kinney Hotels Partners, LTD requested the change from one-way traffic back to two-way traffic at the Transportation Advisory Committee meeting of March 25, 2013. During the July 9, 2013 City Council meeting, Kinney Hotels Partners, LTD was granted a Chapter 380 Agreement and a Tax Abatement Agreement for the construction of a boutique hotel valued at $4.7 million to be located at 318 Born Street. Allowing two-way traffic on this portion of Born Street would improve retail traffic flow and access to the building. As part of this proposal, staff has looked at the overall traffic pattern in the area and determined that: 1. On Broadway Court, the next block over from Born Street, there are stop signs in each direction at the intersections of Broadway Court and Chaparral Street, Water Street and Shoreline Boulevard signifying this two block section of Broadway Court as a two way street. Additionally, the grade differential at Chaparral Street keeps Broadway Court from being any more than a local access and circulation street. 2. Park Avenue to the south and Kinney Street to the north are collector/arterial streets that form the area traffic network for access to the Shoreline area. The US 181 Bridge Relocation project recommended Red Route should not impact the operations on this two block section of Born or Broadway. ALTERNATIVES: 1. Do not approve the ordinance, thereby keeping this portion of Born Street limited to one-way traffic (not recommended). OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This item conforms to the City Charter requirements to amend the Code of Ordinances. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable Project to Date Expenditures Fiscal Year: `12-13 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Approval of the ordinance as proposed. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map to SCALE: N.T.S. AERIAL FLOWN 2010 fi BILK BORN ST CHANGE FROM ONE WAY O TO 0 WAY TRFFIC SUBJECT: BORN ST. ONE WAY CONVERSION TO TWO WAY Traffic Engineering Div. Engineering Services Dept. Ordinance amending Section 53-250 of the Code of Ordinances to delete "Born Street, between Water Street and Chaparral Street" from Schedule I, One-way streets and alleys; providing for penalties; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 53-250 of the City of Corpus Christi Code of Ordinances is amended as shown: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Section 53-250 Schedule I, One-way streets and alleys Sec. 53-250. Schedule I ne-way streets and alleys. (a) In accordance with section 53-104 and when properly signposted, traffic shall move only in the direction indicated upon the streets and alleys set out in this section. All streets designated as one-way during school days shall be one-way only between those hours established by the city manager, or such officers or employees of the city designated by the city manager, so as to be compatible with school hours and when so indicated by signs. Street or Portion of Street Direction of Traffic Adkins Drive, from Hamlin Drive to Marie Street, during school hours Southeast Alley, located between Ayers Street and Palmero Street, and running parallel with South Alameda Street ..... ntelope Street..... East or-n Street, 13QUA-96OR U.42tar Street 2Rd Chaparral Street..... Wact orth Brawner Parkway, from Stirman Street to Carroll Lane, during school hours .....West SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. Ordinance-Born 3f Page 1 of 3 SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53-55 of the Code of Ordinances. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Ordinance-Born 3f Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2013, 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 2013, 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 Ordinance-Born 3f Page 3 of 3 .4@US Ga 0 H AGENDA MEMORANDUM NoP© p,EO First Reading for the City Council Meeting of September 10, 2013 1852 Second Reading for the City Council Meeting of September 17, 2013 DATE: August 27, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services Dan cctexasecom 361-826-3729 Gus Gonzales, P.E. Director of Water Operations GustavoGocctexas.com 361-826-1874 Granting of a Revocable Easement to TexStar MidStream Utility, LP CAPTION: Ordinance granting a Revocable Easement to TexStar Midstream Utility, LP to construct, operate, maintain, repair and remove one (1) 12-inch pipeline across two tracts of City owned land located southwest of the 0.N. Stevens Water Treatment Plant; for the amount of $70,000 paid to the City; authorizing the City Manager or designee to execute the Revocable Easement instrument and other related documents for the conveyance of the revocable easement. PURPOSE: This ordinance conveys a Revocable Easement to TexStar Midstream Utility, LP which enables them to cross the City's two tracts of land with a 12-inch pipeline. BACKGROUND AND FINDINGS: TexStar Midstream Utility, LP (TexStar) is preparing to construct a 9.33 mile long pipeline from a gathering facility in San Patricio County to the Equistar Refining plant located off of McKinzie Road. The new 12 inch diameter pipeline, which will carry "Y" grade natural gas liquid, will be constructed within a fifty (50) foot wide permanent easement located across two tracts of land owned by the City located southwest of the O.N. Stevens Plant. The length of the pipeline across both tracts is 1,390 feet and is shown on the attached Council Exhibit as Tracts 91 and 92, as per the TexStar parcel numbering system. The Revocable Easements will also convey a thirty (30) foot wide temporary construction easement which will expire upon completion of the pipeline. City staff met on several occasions to evaluate the easement request since it intersects three City water transmission pipelines located on the City's tracts. As a result, staff imposed a minimum vertical clearance of twelve (12) feet between the TexStar pipeline and the City's water transmission lines. TexStar will use a boring operation to construct their pipeline under the City's transmission lines. The City will closely monitor the boring operations, as well as any other construction adjacent to its water transmission lines. The Revocable Easement instrument also contains terms and conditions which pertain to construction standards and compliance with laws, including the City's Pipeline License Ordinance passed in 1993 under Ordinance No. 021776. A Pipeline License Agreement will also be issued to TexStar by the Development Services since the pipeline crosses various City street right-of-ways. The easement is revocable by the City if TexStar violates and fails to correct any of the laws, rules, or regulations of the Department of Transportation, Railroad Commission, and certain City ordinances. TexStar will also full indemnify the City against any and all liability, damage, loss claims and actions of any nature as stated in Section 12 of the attached Revocable Easement instrument. Authorization to convey easement and land rights from City land is required by City Council. There is no title company participation required in the conveyance of this easement. ALTERNATIVES: Do not convey the easement to TexStar Midstream Utility, LP which could lead to eminent domain proceedings by TexStar. OTHER CONSIDERATIONS: TexStar Midstream Utility, LP needs this Revocable Easement to be able to construct this 1,390 foot section of the subject pipeline. CONFORMITY TO CITY POLICY: The City is authorized under its home-rule authority, as well as under the grant of powers under Section 1, Article X of the Charter, to convey this easement. This ordinance also conforms to Section 1, Article IX of the Charter. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Engineering and Water Departments FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital [x] Not applicable Project to Date Fiscal Year: 2011- Expenditures 2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: No expenditures are requested. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Council Exhibit Revocable Easement, Tract 91 Revocable Easement, Tract 92 Ordinance Ordinance granting a Revocable Easement to TexStar Midstream Utility, LP to construct, operate, maintain, repair and remove one (1) 12-inch pipeline across two tracts of City owned land located southwest of the O.N. Stevens Water Treatment Plant for the amount of $70,000 paid to the City; authorizing the City Manager or designee to execute the Revocable Easement instrument and other related documents for the conveyance of the revocable easement. Section 1. That a Revocable Easement is granted to TexStar Midstream Utility, LP to construct, operate, maintain, repair and remove one(1) 12-inch pipeline across two tracts of City owned land located southwest of the O.N. Stevens Water Treatment Plant for the amount of $70,000 paid to the City. Section 2. That the City Manager or designee is authorized to execute the Revocable Easement instrument and other related documents for the conveyance of the revocable easement. 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 day of ' 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor REVOCABLEEASEMENT (TexStar Midstream Utilitily, ,Tract ) TEXAS THE STATE OF KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the i of ti, a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, (u r t rte) acting by its duly authorized r r, or designee, ("City r") in si r i sum of Ten Dollars ($10.00) to it in r r Midstream Utility, LP, whose address is 18615 Tuscany Stone, Suite 300, San Antonio, r County, , ("Grantee"), the receipt of which is cn I p and the further consideration r t " complying with the i ty's Hazardous Substances, Liquids, i li Distribution s Ordinance, Article II Chapter 35 Code of Ordinances, i pipeline in c e Article Il Chapter 49 Code of Ordinances, as amended, has GRANTED, CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the conditions ri r stated unto the said er Midstream Utility, L , the right t relocate, install, operate, repair, replace, maintain refined r i li 9 not to exceed twelve (`t ) inches i i I diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, c cic protection, pigging facilities, t t leads, ri I markers for the transportation r l gas, gaseous products, crude oil, and other hydrocarbons or minerals, whether in s or liquid T across, r and upon the land owned by Grantor described on the c Exhibit and on the ched Exhibit B. TO HAVE AND TO HOLD n r its successors and assigns, together it the right to enter upon Grantor's tract land as shown on the c and incorporated Exhi i " for the purpose l ti , installing, r i , repairing, replacing, maintaining i Improvements under the following conditions. 1. Definitions: City means the i ty of Corpus Christi, a Texas home-rule municipal corporation. } Grantor means City, interchangeably wit i . c) City Manager means the i ty's City Manager or his designee. } Director means City's Director of Engineering is r his designee. } Risk Manager means City's Director of Risk t or his designee. City Attorney City's City Attorney or his designee. Revocable Easement Txtar Midstream Utility,LP 1 of 1 Grantee x r Midstream Utility, LP. Improvements means one refined products i li , not to exceed twelve (1 2) inches in i l diameter, together with appurtenant facilities including, ut not limited t , valves, , regulators, ic protection, pigging ciliti , test leads, ri l markers all within City property. i) Contractor means Grantee's t to str maintain, replace, r ir, or remove the Improvements. j) Exhibit A and the xii r 1 or more pages, s i the locations r the Improvements t r or cross City property. City Utilities City's r® Wastewater, Storm Water and Gas divisions. l) Franchisees' Preexisting Improvements means those improvements owned or operated by a franchise or licensee of the City that r in I c prior to the Improvements installed n r this Revocable . Utilities r t tip s the lip (e City Utilities representative that needs to be notified ( prior to routine construction or repair work or( ) prior to r concurrently wi r repair work. During routine relocation, installati , ri , r ir, replacement, maintenance t Utilities will be the appropriate Water,Wastewater, Storm Water or Gas division foreman on duty. The City Water, Wastewater, and Gas crews or on-call 24 hours , 365 days a year. The Water Representative, the st tr Representative, the Gas Representative, n r i nage Representative is the respective name for each division's authorized representative as set out above, and collectively called Utilities Representative. Franchisee's Rer nt tiv ns the representative of a City franchisee or licensee that has preexisting Improvements wi i n 2-feet of the proposed Improvements t t need to tiff (1) prior to routine construction r repair work or ) prior to or concurrently with emergency repair work. During routine installation, maintenance, or repair work franchisee's or licensee's representative( .the T Representative,the AEP Representative) ill be contacted. The franchisee licensee representatives ar if ctiv l called r is 's Representative. City Inspector means that person acting f of a City Utility or the City Street Department inspecting the relocation, inst II ti r i , repair, replacement, and maintenance of the Improvements. Revocable Easement Tex tar Midstream Utility,L 2of14 Revocable Easement Area t portion of i ty property upon which the Improvements will be installed, c r , repaired, r ! c , and maintained. 2. Construction Sr ll work proposed Grantee to install, r ir, or replace the Improvements will equal or exceed t of Transportation i li Safety Standards li I (Title , Code of Federal Regulations, Part 1 - Transportation of Natural and other Gas by Pipeline, or Part 1 -Transportation Liquids by Pipeline - latest revision) for the transportation or liquids Improvements. 3. Compliance it In installing, maintaining, repairing, r replacing the Improvements Gr st comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary i ts from the r ri agencies, including bu not limited i Ordinance No. 0177 , approved on October 20, 1993, which provides r emergency response coordination r pipelines transporting hazardous substances, liquids, and gases, including information reporti requirements r existing and new pipelines. 4. Denth Limits tr Transmissjgn peline Clearances. Granteemust install, replace, repair, and maintain Improvements so that no c i f the pipeline will be any lla r than 36-inches from xi i ground r roadway pavement. Grantee will also maintain i i u f twelve(12') t clearance Grantee's pipeline City water transmission pipelines, r notify the x One-Call at 1-800-245- 4545, 1-800-DIG-TESS, and Southwestern Bell 1-800-828-5127 for till locations in Revocable n Area t least 48 hours prior to the start of construction. Crossing 5. r Ditch Reguirements. Prior to any repair or replacement Improvements, r st provide protection at all road crossings t ditches, by either casing, r i wall thickness, cc cr t jacketed p or other means approved the Railroad c i i r Federal applicable, and Grantee identify the method construction p( s. Grantee ill maintain a minimum clearance of t (10') feet between Grantee's pipeline r t r concrete lined drainage channel located n Grantee' construction dr i , Sheet W Station 6. Or)eratina Pressure. Grantee's maximum operating pressure r the Improvements mu t not exceed design limitations as set forth in ilr oad Commissi or Federal . regulations for the size line installed operated. 7. 60 Day Revocation. Grantee r right and easement r in granted may be revoked t any Ume by the i of Corpus Christi acting through its City Manager, and Grantee required to remove the Improvements upon 60 days notice in r° i . If Grantee is in violation of Department of r n i or Railroad Commission laws, rules, r regulations, r City ordinances, Grantee will be given written tic violation and 30 days from receipt f such notice to commence to cur Revocable asement Agreement(Rev--d.8197) T x tar Midstream Utility,L Page 3 of 1 the stated violations, within the overall 60 day period. If after the cure period expired and Grantee r it i , this Revocable Easement may be revoked Grantee required to remove the Improvements i in provided however that f Grantee has commenced to cure violation but s not it the y cure period, Grantee may proceed r such violation this vc 1 t shall not be revoked. 8. Improvements r r will place markers at the pint where such Improvements enter or leave a public street or drainage right-of-way or other City property. r rs must be of permanent construction bearing c t 's name and emergency I r and placed on the of lip t- f- si_ n iri is Revocable Easement, and all its terms and conditions, bind and inure to fit of Grantor and Grantee their respective lessees, licensees, successors, and assigns. Grantee may assign this Revocable Easement to person, firm, corporation, partner i , or other entity, with the prior written consent Grantor's City Manager,which consent will not be unreasonably withheld. Any assignment must provide that the ssi gnee unconditionally assu all the i es and obligati assignor upon the same terms and conditions t out in this Revocable Easement, which in of duties li i s is partial consideration for Grantor's consent to the i n t. ilt ° Grantee provide Director it 1 . Construction r I �_ -,. set of cnri plans for all work proposed for the Improvements located ° i Revocable t Area, one month prior to the start of construction, for Director's review r v L The plans will tie t t rli proposed Improvements t centerline v r e Easement Area. centerline improvements il(also be tied to the xisti ng utility centerlines. r must provide the it r with a complete depth profile, distance, and location its Improvements fry isti ng City utilities, other franchised ilii s, and other pipelines, that fall within the v c I Area. The Grantee is vis that centerline of proposed Improvements v e a mini centerline to t rli horizontal distance as shown in the table below: Water i r - " -1211 Wastewater - 1 " - 1211 l -12" Gas - 1811 rm - 12" r I r r -1 Storm Water - 1 r - 12" Caprock - 1 " The Grantee st provide the Director with a 24"x36" size reproducible set of as-buift drawings f the Improvements i i s after completion of construction;failure so may result in r n ®s Revocable s ement being forfeited the i . 1. Insurance. The Grantee s t commence work under this r n until it its Contractor have obtained through self insurance or insurance polici s required ri n and proof of s insurance vi the Certificate fInsurance has been submitted r v ed bythe Risk Manager. The required t Revocable Easement Agreement(Rev--d, 7) TexStar Midstream LIttllty,LP Page 4 of 14 of required insurance y r is specified in incorporated Exhi it"C". The Grantee its Contractor, if any, must have and maintain Commercial General Liability Insurance the tir construction the r construction is I is and Improvements compr t the r t have and maintain Commercial General Liability Insurance through if insurance r insurance lici s r entire duration this I for so long as Grantee's Improvements located in or upon property of r t r. This provision shall survive termination or expiration of this Revocable . The contractual li ili i is insurance must be broad cover indemnity in this Agreement. Such policies insurance must include the i as an additional insured liability ri i of the Grantee's it Contractoes use or maintenance of t Improvements in vc I t Area. The insurance polici ci fied must include t stating that the insurance cc y(i ) must give the Director 30 days written notice certified mail® before any policy covered r is cl not renewed, r materially c i II insurance lici from r t r must be provided y within days after City Managers reasonable t therefor. Grantee r c r° if lic l provide copies f all insurance lici the City r within 30 days of the i ty Managees reasonable request therefor i incident-relating to the Improvements or Grantee's operations r cc rs that reasonably covered c insurance. If such copies r requested provided, Grantee y mark the information in r 's policies that Grantee believes is confidential r proprietary. If i is requested to provide II or part of Grantee's insurance policies to it parties, City will timely forward records to the r General for determination r the records ar e "Open Records" under the Texas Open Records Act. City will contemporaneously i r n the open records r that Grantee y participate in v it t e procedures an d take steps ibelieves necessary to protect r confidential or proprietary information. 12. Indern Grantee must fully indemnify 1 ty of Corpus Christi, lits officers, ("Indemnitees")against any and all liability, , loss claims,demands, and actions of any nature whatsoever on account of personal i (including i limitation, r i , or property loss or damage of any kind, or any other kind of damage which arise claimed i with officers', agents', employees' " "' negligent omissions r acts of intentional or willful misconduct in it respective installing Improvements r other construction, operation, maintenance,repair,control,or use of the Improvements r Area, including but not limited to, those damages arising Indemnitees'lintentionall or negligent in causing installation, i , replacement maintenance, or operation i ili ° or adjacent to the Revocable including Easement Area; and i mited to those damages arisi Grantee's Grantee's !or negligent causing Revocable Easement Agreement(Rev--d. 7) TexSlar Midstream utility,LP Page 5 of 1 utility be cut City during ° Grantee's Easement Area. 1 s provision shall continue so long as Grantee's Improvements are located on City 1 . i t l r ements Franchisees' Preexisti ents. Grantee ill repair, or cause to repaired, y damage its t i operation, repair, relocation, r I r maintenance of the Improvements causes to i street, sanitary r, storm sewer, gas, drainage facility, or to r i sees' Preexisti Improvements i i Improvements or Franchisees' Preexisting Improvements wer in place prior to Grantee's initial installation Improvements. 1 . Abandonment ofRipgline. t leave abandoned pipe in I unless the it r requires the Grantee to remove the abandoned pipe facilitate city ti ct the i c safety. Upon notice from the it c r, Grantee shall promptly ci Improvement. If a Grantee abandons Improvements, the Grantee remains it for the ii the Improvements after the pipe is , The City will not assume ownership or control r the abandoned Improvements, i ty assumes no responsibili for their maintenance i in ai ng accepts a particul facility. i 7 the i ty Code of Ordinances continues any pipe, facilities and appurtenances not removed by Grantee after abandonment. If t ee removes any pipe, f ili ° r appurtenances, the Grantee shall restore the City r , at the , under subsection the City Code of Ordinances. 15. General Conditions. Recordation. i will file the I at the Nueces County Courthouse and Grantee will reimburse i r the recording fees. Notification and Verffication. Contractor must verify depth locations of City Utilities, and all Franchisees' Preexisting Improvements in r nearthe Revocable r prior to tin any routine construction r repair work, other than bona l r repairs which must be reported to the r ri Utilities r t tip ( , the r Superintendent, and the appropriate r i 's Representative s) immediately Grantee's knowledge for repairs. Contractor st notify the ttft Representatives at Water Representative - 361 ® ®1 (880-3140, after hours) Wastewater Representative - 361 ® 857-1818 ( 1 , after hours) Gas Representative - 361 ® r hours) Street Superintendent 1 ® m1 (886-2600, after Storm Water Superintendent m 361 ® 7-1 (880-3140, after hours) Traffic Signal & Fiber Optic 7®1940 (886-7452, after ) Revocable Easement Agreement(Reid. 7) TexSttar Midstream Utility,LP Page 6 of 1 Texas One Call - 361 - 1- - - - l -T 1 - 1-800-344-8377 and the fs 's t tiv (s) at SWBT 1 - 881-2511 (1- hours) AEP (CP&L) - 361 - (693-9444, r Time r - 361 - - (857-5060, r hours) Grande ( C r rc ) - 361 - -1500 (334-3000, after ) Espire (Fiber tic) - - (pager, 850-2652, after hours) KMC (Fiber tic) - 504 - 733-3900 (pager, 1-800-676-9407) t (Fiber tic) - 361 - - (361-774-3889, ur Caprock (Fiber tic) - 972 - 702-7924 to ri , locations, and time of beginning construction or repair work. The Utility r tip q the r Superintendent, the Franchisee's Representatives may have representative pr n ri Grantee's construction, repair, or emergency repair operations. cf Permit. 48 hours pflorto commencing routine construction rrepair work, and by 9 a.m. t r for emergency repairs, tGrantee will apply to the Director or his designee for a permit before disturbing the l Area. Grantee must perform the r in accordance i it and all applicable r 1, state, local laws and regulations. Contractor must not leave trenches or pits in the c I t Area open overnight unless Contractor provides adequate f security devices to r t possible injuries r accidents. All trenches r pits must be backfilled as soon as possible, the ill properly compacted, the surface restored, the r all done in a neat and workmanlike rm No bore its may be left open longer t r days regardless location. Barrel type barricades will be placed j to tt pits. At a minimum the CC® i items will be included in it: f r pipeline crossing the t t Area will be dry or slick bored. t or slick bore r Director if the r will provide the it c or or "Designee" su ci t and satisfactory it analysis information to support the r . fi Open-Cut. Grantee or its Contractor must saw cut any existing concrete It down to replace it concrete or asphalt. The pavement repair must consist of 5-inches Hot Mix Asphalt Concrete(HMAC)Type D to I in o lifts, i.e., - Revocable Easement Agreement(Re ° . 7) `r x t r Midstream utility,LP Page 7 of 14 inches and ®i r two lifts of 2.5-inches. The HMAC pavement must extend r the xis in for a width of 12-inches on either side trench t Subgrade will be trenched with ri me coat MC-70 at 0.15 1.1 ye Final backfill shall consist of cement stabilized containing ii um of 2 sacks of Standard I Portland cement per cubic yard of sand in r t®of-way where asphalt concrete pavement has been cut and surface. Pavement will be restored described on each side cut centerline, such that no settlement will occur in roadway area. Grantee ill encase the Improvements in sand, with a minimum ®i r the Improvements. Uncovering ity Utilities. A City Inspector has the authority to request Contractor to uncover a Utility Line in l e Easement Area verify its r location. If r Improvements cross existing transmission mi (16"diameter and above),the Contractor will uncover t main at the point f intersection with the Improvements, it Utilities (Water) Representative on-site during This x i will occur 24 hours prior to start of construction of that portion of the Improvements that intersect the transmission main. If the r Improvements cr i Utility, Grantee must maintain 3-foot vertical separation; Grantee in i n a twelve(12)fat vertical and 5-foot horizontal separation around II water t n issio i . Grantee must properly compact backfill around all existing City Utilities in accordance with ll City constructions standards, icl i i Water Distribution System Standards, paragraph 14(c), and the City Inspector's request. Contractor must take every precaution not disturb the soil surrounding xi i ng City Utilities, including n all thrust blocks. If Contractors work on the Improvements rlin 9 as determined r Representative, Water crew immediately allowed access to the Revocable t Area to make all repairs. ll City's costs (labor and equipment)associated with Waterline repairs ill be paid by the Grantee within 30 days after City sends Grantee invoice. The Water Representative will determine the extent of damage to the Waterline repair If tr c ore s work on the Improvements i ty Utility line and it or sand enters service lines u to residential r non- residential l r r t resolve the damage issue with individual ® including aIl costs associated with I i . City Inspectors. ile work is being done within l Easement Area, including it t limitation wor r u existing r Revocable Easement Agreement(Rev--d. 7) Tex ter Midstream utility,LP Page 8 of 14 in, Contfactor must pay for each City Inspector's time the voc I Easement Area at a daily rate of $301.31 for each day spent inspecting construction, , repair, replacement, r Actin of said Improvements. I y - 4 or more hours of work - constitutes a whole working r f calculation. Any time in xc ors day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of r hour. Grantee must pay these funds to the appropriate i within Department i as allocated by the Director. The daily rate and overtime charges changed by the Director each August l based upon the average i Inspectors. The new charges ill be on fi!e wi Director. grading,0 Drainage, n d erosion. Contractor must maintain proper drainage t all times, including i a t limitation at the f each work , in if drainage ditches c construction, maintenance, repair, replacement, or operation of the Improvements. After completion f, or in f repair or replacement of, the Improvements r r must reshape r if lic I , drainage is s to a correct condition i Director. If the drainage ditch is concrete r will be no grading, etc., but the ditch us repaired to its previously existing condition as det i by the Director. If there is r si roadway or private property loss of existing vegetation along s of the r i ditches, or from any other condition u disturbing ail along the Revocable Easement Area caused by Grantee relocating, i st Ili t operating, repairing, replacing the Improvements, Gr ust resolve the damages issue i individual q including all costs s ci resolution. g) Damages to structures. If there is n y damage to driveways, c Iv , head walls, and any other structure, public or private, caused by Grantee relocating, i lli 9 operating, r iri replacing the Improvements, Grantee t resolve the issue with the individual owners, including aIl costs associated i resolution. Equipments o trrls° Grantee may not store or leave vri t any equipment or material in i ty property. Grantee's i r stock it of material on private property, or on City right-of-way duri y, must not s ru vision vehicles r pedestrians for 500 feet either direction from r t intersection or driveways onto a street. i Aesthetics. To preserve r r r aesthetic features on the street right-of-way on City property, Director may specify the extent and methods of r removal, r ri in Revocable Easement Agreement(Rev=d, 7) T xStaf Midstream Utility,LP Page 9 of 14 or replacement, replacement t r aesthetic features, including specifying t of installing Improvements. T it ct r will use due consideration in s lip in the I trees other aesthetic features i rxi i the r Improvements cil requirements justified by the val the trees r aesthetic features. j) Testing. i Inspector determines when laboratory testi ill be required,t r, location, r f testing. All testing is the Contractor's expense. . The City Inspector request any other conditions may be required l this r j ct in a safe and workmanlike manner. Guarantee. Grantee's i t I t comply With all applicable i Standards n It work must be guaranteed r t for a one-year period from r antee provides the reproducible, s- ilt drawing required i 1 , to it r. Notification of Leaks. Grantee must notify it c r of any spills and leaks within the Revocable Easement Area within sin r Grantee is r ill or leak. Grantee t pay for all remediation costs related its Improvements illy or leaks within Revocable Easement Area. Grantee t provide Director a remediation plan that complies with It applicable federal, local r r I at the time f discovery of the leak or spill. The City r may investigate the condition and t of the leaks and spills. Cily use of Revocable r ll rights r n Grantee, are subordinate to all uses as the i Revocable r a, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, r City purposes. Sale of Natural Gas-Restrictions. Grantee is expressly prohibited from sale or distribution natural gas t u r ® whether industrial, c roil or residential, xc t AEP (Central r& Li y , which consumers are located within the city limits of the City r ri i as may be amended from time to i . It is r t provided t, as used in i s paragraph, the I "natural " does not include intercompany sal r transfer by or between two or more business ti i fuel gas or fuel in form used and consumed in the r i n i , heating, distilling, producing r manufacturing process, the r -c i l industry. It is It and r that this Agreement, as written, covers all covenants, agreements, and stipulations °: representations r statements, ri r oral, have been made modifying, adding to, or changing r , and that cu ° this nveyance on behalf of Revocable Easement Agreement(Rev-ad. 7) T xStar Midstream Ulift LP Page 10 of 1 Grantee is without authority to make representation, stipulation, covenant or agreement not herein expressed. Executed in duplicate this the day of 12013 Revocable Easement Agreement(Rev--d.8197) TexSlar Midstream Utility,LP Page 11 of 14 GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Ron L. Olson, City Manager APPROVED S TO LEGAL FORM: day of 2013 By: Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2013, by Ron L. Olson, City Manager, of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Revocable Easement Agreement(Rev--d.8197) Tex tar Midstream Utift LP Page 1 2 of 14 GRANTEE The v foregoing REVOCABLE EASEMENT is c this the 2013, by Gaylon E. Gray, Vice r si t of ire ering and Operations for TexStar Midstream 11 GP, LLC, general partner of TexStar Midstream Utility, LP, a Texas limited r r if of said partnership, the Grantee r i and r agrees to keep and perform conditions imposed Revocable the s . x t r Midstream Utility, LP m By: -- Name: G ylon E, Gray Title: _ i r si nt of Engineering and Operations- THE STATE TEXAS COUNTYOF j; This instrument s acknowledged before is of a . i ,, l 13, by Gaylon y, as Vice President of Engineering and Operatos for TexStar Midstream 11 GP, , general partner of T x t r Midstream Utility, , a Texas limited partnership declared executed same for the purposes therein stated and with r r authority to do s . JACQUAUN ESHIELDS a NOTARY PUBUC,STATE OF TUAS rl i t f Texas ' § R Revocable Easement Agreement(Re d,8197) Textar Midstream Utility,LP Page 13 of 14 TEXSTAR MIDSTREAM SERVICES LP. EXHIBIT "A" NUECES COUNTY, TEXAS 50 FOOT WME EASEMENT DESCREPTION February 06,2013 Sheet 2 oft DESCRIPTION: EASEMENT A 50 foot wide easement,being twenty five-feet(25)left of and twenty five-feet(25)right of a surveyed baseline as sho%%n on Sheet I oft of this Exhibit"A",being situated in the Gregoria Farias Survey,Abstract No.592,Nucces County,Texas,and out of a called 13.963 acre tract of land(Tract 2b), awarded to The City of Corpus Christi by Judgement,in Cause No.71,styled City of Corpus Christi vs. Clyde Jennings and Zelda Jennings,recorded in the Minutes of the County Court of Nucces County, Texas,said 50 foot wide easement being more particularly described along a surveyed baseline by centerline description as follows: BEGINNING(B.O.L)on the Northeast line of said 13.963 acre tract and on the Southwest line of a called 4.726 acre tract of land described in a deed to the R.E.Stanley and wife Paula Stanley,recorded in Document No.2006027304,Official Public Records,Nucces County,Texas(O.P.R.N.C.T.),from which a 1-inch iron pipe found on the Northeast line of said 13.963 acre tract,same being the Southeast comer of said 4.726 acre tract,bears:South 56107'35"East,a distance of 21.81 feet; THENCE South 15*24'54"East,a distance of 645.82 feet; THENCE South 02'3940"East,a distance of 495.74 feet to the Southwest line of said 13.963 acre tract, and the Northeast line ores called 4.92 acre tract of land,described in a deed to ne City of Corpus Christi,recorded in Volume 1370,Page 27(D.R.N.C.T.),for the END OF THIS DESCRIPTION,and POINT OF EXIT(P.O.E),from which a 5/8-inch iron rod found for the South comer of said 13.963 acre tract,bears:South 5547°15'®East,a distance of 89.98 feet. The above surveyed baseline traverses the said 13.963 acre tract for a total distance of 1,141.56 feet or 69.19 rods and containing 1.31 acres of land in said easement. All bearings and distances contained herein are grid,based upon the Texas State Plane Coordinate System,South Zone,ofthe North American Datum 1983,in U.S.Survey Feet. DESCRIPTION: TEMPORARY WORK SPACE. A Temporary Work Space out of said 13.963 acre tract of land,located West of and adjoining the West line orthe previously described Easement as shown on Sheet I or2,containing a total of 0.79 acre of land. Plat ofeven date accompanies this field note description. ........................ MARK D. ..........4.. 360 .0 "® SS A Topographic Land Surveyors S U 1400 Eve an Parkway Suite 197 Mark D. Bryant Sr., R.P.L.S. No. 4360 Fort Worth,TX 76140 February 06, 2013 Tx-NUE-0811,00 SIB 15 R E STANLEY AND WIFE EXHIBIT PAULA STANLEY 0. F"JAS SUAVRX ARSTJUCr NO. DOCUM 5,92 ENT No 2006027304 CALLED 4.726 ACRES NUZCBS COVNff* r LESS 0.425 TO RAILROAD WWAff"PLAT 0 P.R N.C.T TOTAL LENGM- 1141.56 FEET OR 69.19 RODS TOTAL EASEMENT. 1.31 ACRES TEMPORARY WORKSPACE. 0.79 ACRE EX-NUE-GSB.00 ROBERT C STAP&M SR DOCUMENT No 2007C32025 LOT 4 BLK 4 I Ocr 2OW FARM GRAM SUB O'SON CALLED 1.78 ACRES X=127OM2,2 Y-17201958.4 LRON PIPE FOUND S SSV7'4 21,91' IVA CONCRETE ;I; CPAKAGE DEIAIL VIEW DfTCH 1 50, Tx-NUE-021.00 SEE THE MY OF CORPUS CMSTT DETAIL CAUSE No.71 TPACT 2b CAL= M903 ACRES UNE TABLE UNE 8 -ING REffiE 2=1 5 15'24'54'1: M S 13739'40 E...........45.74, 2 LEGEND SURVEY/SECTION LINE SURVEYD BASEUNE CONTINUED WMNE/APELINE TRACT OMER EDGE OF MENIENT 10APORAff WORKSPACE ROM WAY X FENCE UNE 5/13-INCH I", —I,,,,,— IO0SnNC PMNE �j OK MMEAD ELECTIdC w WATER LINE 0 POINT OF MERSECTION I II 0 IRON ROD FOUND (I.R.F.) P.01 0 IRON PIPE FOUND X=127019 1 It Y=1 7 6 c 4 =172=0W S 4Y 15'E S 89.w T ...9.Y SR. SR. ................ .... .. ... 438 TOMGMPHIC suvt CIL sAwma a m&wQ a GO®Gps I=74140 Mark D. BryonL Sr.. F641-S. No. 4360 r.1=17' 744-75,4 February 06, 2013 Field note description of even data cemmoonlam this plaL EQUISTAR REVISION: 1. GINGWAL sna ajr x le MENTION INT DATE L ALL WARINM OWANUM AM COORDION WUM CWTAM NERVIN ARE=W=tOGN TK ROM 12 STATE RAW AVERCAN 09M 10 OLLIM —001 m00 naD MR&Y.U"ON THE OWUND,MAIN W M=a w A L=Tmp-11L2m-1 TEMM I]ATE: 02/06/13 Tm RMMNQ OF UT~OF 11MINNIC so Of Lwqmw of[w DRAWN BY: s.M.E. a r. P-EM RECOM NUEM COUZY,TPAS FE 1 OF --—-—- WAN GJL=T.-OR=&Raw=man=Nw Tum -OFFICIAL REILE IISCOM"M COUM.=U REVOCABLE EASEMENT (7 x t r Midstream Utilitily, L ,Tract - - a ) THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the i of Corpus Christi, a T -ru!e munici l corporation, Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting by its duly authorized i r, or designee, ("City r") in nsi r ti of the sum of Ten Dollars ($10-00) to it in i T x t r Midstream Utility, LP, whose address is 18615 Tuscany Stone, Suite 3 , San Antonio, Bexar County, Texas, (" r t "), the receipt f which is acknowledged, and the further consideration of "Grantee" c lyi with the City's Hazardous Substances, Liquids, and Gas Pipelines and Distribution System Ordinance, it II Chapter 3 of Ordinances, and City's pipeline rin nc , Article I! Chapter 49 Code of Ordinances, GRANTED, L , AND CONVEYED, y these presents does GRANT, SELL, 'Y, upon the conditions her i r stated unto the said TexStar Midstream Utility, L , the right relocate, ins II, operate, repair, replace, refined products i li , not to exceed twelve ( ) inches in in I diameter, together i u t facilities including, but not limited t , valves, r , regulators, c is protection, facilities, test leads, and aerial markers for the transportation of natural gas, gaseous products, c il, and other hydrocarbons or minerals, whether in s or liquid form, across, under and upon the land r nor described on the c hed Exhibi and shown on the c hed Exhibit B. TO HAVE AND TO HOLD the same unto the Grantee its successors sins, together with the right to n r upon Grantor's tract f land as shown on the c incorporated x i i °' " for the purpose of relocating, installing, repairing, replacing, n i inin said Improvements u r the following conditions. Definitions: City means the City of Corpus Christi, a T home-rule nici I corporation. Grantor n i may be used interchangeably wit it . c) City Manager means the City's City Manager or his designee. Director s City's it cor of Engineering Services or his designee. } Risk Manager means City's Director of Risk Management or his designee. City Attorney means City's City Attorney or his designee. Revocable Easement Texter Midstream Utility,LP 1 of 14 Grantee s TexStar Midstream Utility, L . Improvements means one refined products pipeline, not to xc twelve ( ) inches in i l diameter, together ith appurtenant facilities including, t not limited o, valves, rs, regulators, c is protection, pigging facilities, t t leads, and aerial markers all within City property. i) Contractor means Grantee's agent to construct, i t i , replace, repair, or remove Improvements. j) Exhibit A and n the x i its, whether 1 or more showing the locations where the Improvements tr or cross City property. City Utilities means the City's Water, Wastewater, Storm Water and Gas divisions. 1) Franchisees' Preexisting Improvements n improvements owned or operated by a franchise or licensee the i that r in place prior to the Improvements installed un r this Revocable Easement. Utilities Representative means the li l Utilities representative that n c ifi (1) prior t routine construction orrepair work or( ) prior to or concurrently wit r c repair work. During routine relocation, i tlltin, operation, repair, r Ic t, and maintenance r the tiliti s Representative will be the appropriate r, Wastewater, Storm Water or Gas division foreman i r, Wastewater, and Gas crews t or on-call 24 hours a day, 365 days a year. The Water Representative, the r Representative, the s Representative, the r i Representative is the respective for each ivisic 's authorized representative as set out above, and collectively called the tiliti s Representative. Franchisee's Rer s t tiv the representative of a Cit franchisee or licensee that has preexisting Improvements wi i n 2-feet of the proposed Improvements t need to ii prior to routine construction or repair work or ) prior to r concurrently it r racy repair work. During routine installation, maintenance, or repair work each franchisee's r licensee's representative( .the T Representative,the AEP Representative) will be contacted. The fr c i licensee representatives r ll civ I called r c i 's Representative. City Inspector s that r acting if of a City Utility or the City Street Department inspecting the l c ti , installation, repair, replacement, n int n nc of the Improvements. Revocable Easement Texstar Midstream Utility.I_R 2®t 14 Revocable t Area means that portion of City property which the Improvements ill be installed, r , repaired, r ! c maintained. 2. Construction t r II work proposed Grantee to install, repair, or replace the Improvements will equal or exceed Department of Transportation i li Safety Standards lic I (Title , Code of Federal Regulations, Part 192 - Tr ns ti ur I and other Gas by Pipeline, or Part 1 -Transportation of Liquids by Pipeline - latest revision) f r the transportation of gas or liquids the r v . _° Laws.li c i I installing, i ii , r iri , or replacing the Improvements r n t comply with all applicable Federal, State, County, and City laws and ordinances, and ll amendments thereto, and secure all necessary r its from the r ri t agencies, including limited to, City Ordinance No. 0177 r v October 20, 1993, which provides for emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information r i requirements f r existing and i !in . 4. ®Depth Limits and t r Transmission Pipeline I r nc r us install, r l c , repair, and maintain the Improvements so that no portion the i li will be any shallower than 36-inches from xi ti ng ground or roadway pavement. Grantee will also maintain a minimum of twelve(12')feet clearance between Gr 's pipeline City water transmission pipelines. Grantee must notify the T One-Call at 1-800-245- 4545, 1-800-DIG-TESS, and Southwestern Bell 1-800-828-5127 for utility locations in the Revocable s r least 48 hours prior to the start of construction. 5. Crossing or,,Ditch Reguirements. Prior to repair or replacement f the Improvements, r n st provide protection at all road crossings or ditches, by either casing, xr i wall thickness, c ncr t c keted pipe, or other means approved the Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify method n the construction I . Grantee ill maintain a minimum clearance oft (10') feet between Grantee's pipeline rntr' concrete lined drainage channel locat r t 's construction dr i Station 6. r tin r s r e. Grantee's maximum operating pressure for the Improvements not exceed design limitations as set forth in the Railroad o i si n or Federal D.O.T. regulations r the i type of line installed and ope 7. 60 Dav Revocation. Grantee understands r s that the right easement herein granted may be revoked t any time the i of Corpus Christi acting through its City Manager, and Grantee required to remove the Improvements 60 days notice in writing. If Grantee is in violation of Department Transportation or Railroad Commission laws, rules, or regulations, or City ordinances, Grantee will be given written notice f the violation and 30 days from receipt of suc notice to commence to o Revocable Easement Agreement(Rev= . 7) TexStar Midstream utility,LP Rage 3 of 14 the stated violations, within the y r II 60 day period. if after _day cure ri expired Grantee t cured the violations, this Revocable revoked n Grantee y be required to remove the Improvements i in writing: provided v r that if r t commenced cure stated violation but has t completed same with the y cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. Improvements r r , Grantee will place r rs at the its where such Improvements ent r or leave u lic street or drainage right-of-way or other City property. Such markers f permanent construction ri ng Grante emergency telephone number and placed on the edge of the lic right-of-way. 9. Assionabilily. This Revocable Easement, and all its terms conditions, bind and inure the fit of Grantor Grantee their respective lessees, licensees, successors, and assigns. Grantee may assign this ev c I e Easement to ny person, firm, corporation, r i r other entity, with prior written consent Grantor's r r,which consent ill not be unreasonably wi l assignment must provide that the sin ee unconditionally assumes all the ti es and obligations of assignor upon the same terms conditions set out in this Revocable Easement, which assumption of duties and obligations is i l consideration for Grantor's consent to the sin . Construction r i ng,s.,,&,As-Bui I s. Grantee must provide it c r with set of construction pI n r all work proposed for the Improvements I c t within the Revocable s nt Area, one ri r to the start of construction, r Director's review r v 1. The plans will tie the centerline of the proposed Improvements to the centerline of the Revocable Easement Area. Any centerline improvements ill also be tied to the xisti utility centerlines. T r nt t provide the it c r with a complete depth profile, distance, and location f its Improvements fr xi i ng City utilities, other franchised uiliti s, and other pipelines,that fall within the v c I t Area. The Grantee is advised that centerline of pr s Improvements st have a minimum centerline to centerline horig l distance as shown in the table below: Water _ " Tr rnr - 1 " KMC _ 1 " Wastewater - 1 - " l - 1 ®" Gas - L - 1 " Grande( l rc ) - 1 " Storm r - 1 " ESPIRE - 12" Caprock - 1211 The Grantee provide the it ct r with a 24"x36" size reproducible set of as-built drawings the Improvements wit in 60 days r completion of construction; ilur o do so y result in Grantee's Revocable Easement being forfeited y the i . 11. Insurance. T r must not commence r r this Agreement until it and its Contractor have obtained through seif insurance or insurance polici s required r in and proof of such insurance as evidenced by the ific t of insurance has been submitted to r v the r required type Revocable Easement Agreement(Rev=d_8197) Tex tar Midstream Utility,L Page 4 of 14 of required insurance coverage is specified in c and incorporated Ex i it " " The Grantee n its nr ct r, if n , must have and maintain Commercial General Liability Insurance durin n it construction phase of the project. When construction is finished and Improvements co I t r antee must have maintain Commercial r l Liability Insurance r u self insurance or insurance polici for the tiro duration of this Revocable Easement and for so long r Improvements r located in or upon property of the Grantor. This provision shall survive r i do or expiration f this Revocable Easement, The contractual liability i n of this insurance s broad u cover indemnity r t in this Agreement. Such policies insurance must include i as an additional insured i respect t liability ri i out of the Grantee's and its Contractor's use r maintenance of the Improvements in v c I Easement Area. The insurance polici s specified must include an endorsement stating the insurance c ny(i s must give the Director 30 days written notice certified il, before any policy covered r y is canceled, not renewed, or materially changed. i s of all insurance polici s from Grantee and Contractor must be provided i rn y within 3 days after City Manager's reasonable wri request therefor. Grantee n Contractor, if applicable, must provide copies o II insurance policies to the City Attorney within y City Manager's reasonable request therefor i n incident-relating to the Improvements or Grantee's operations hereunder-occurs that reasonably rs to be covered by suc insurance. If such copies r requested and provided, Grantee may mark information in Grantee's policies that Grantee believes is confidential r proprietary. If City is requested to provide all or part of Grantee's insurance policies third i s, City will timely forward records to the Attorney General for determination r the records are "Open Records" under # Texas Open Records Act. City will contemporaneously noti rn the records request s t Grantee ii in any available procedures and take steps it lr v s necessary to protect the nature the confidential r proprietary information. 12. lndemnitv. Grantee must fully indemnify i Christi, its officers, employees "0 i "}against any and all liability,damage, loss claims, demands,and actions r on account of personal injuries (including without limitation, ; compensation and death claims), or property loss or damage of any kind, i arise or are claimed i or in ti with # or Grantee officers', agents', employees'("Grantee's Agents"') i omissions intentional willful i it I respective installing r i Improvements or other construction, operation, maintenance, repair,control,or use of the Improvements or the Revocable Area, including limited , those damages arising 0 i ' intentional in s causing to Improvements i installation, i , replacement, maintenance, ti on of City utilities located in r adjacent to the Revocable Easement Area; and including limited i i Grantee's or Grantee's Agents' intentional or negli in i ng or causi Revocable Easement Agreement(Rev=d,8/97) Textar Midstream Utility,LP Page 5 014 be cut City utility i i Grantee's ' use of the Revocable Easement Area. This i i i Grantee's are located on City property. Renairs to i "s Impmvements or r i ' r xisi I,mprovements, Grantee ill repair, or cause repaired, any damage its construction, r i n, repair,, relocation, r l c n r maintenance of the Improvements c i street, sanitary r, storm r, gas, drainage facility, r to a Franchisees' Preexisting Improvements if the City Improvements r Franchisees' Pr xis i Improvements wer in place rior to Grantee's initial installation Improvements. 14. Abandonment OfRipgline. Grantee leave abandoned pipe in l unless the it t r requires the r t to remove the i facilitate city operations or protect the lic safety. Upon notice from the it ct r, Grantee shall promptly remove the specified Improvement. Grantee abandons Improvements, r t ee remains responsible f iti of the Improvements the i is abandoned, The City will not assume ownership or control over the Improvements, the i responsibility r their maintenance and safety, I the i in iti accepts is l r facility. Subsection 49-97(e) of the City of Ordinances continues I t pipe,any facilities and appurtenances not removed by Grantee after abandonment. If Grantee v i , facilities r appurtenances, the t shall restore the it , at the sole cost of the r ti 49-97(c) of the City ri cs. General Conditions. } Recordation. City will fi!e the Rev c I e Easement at the u c s County s n d Grantee will reimburse Ci for the recording fees. } Notirication and ifrc tr o tr c r must verify t and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable nt Area 48 hours prior to commencing n routine construction or repair work, other than bona fide emergency repairs is must be reported to the appropriate Utilities Representative(s), the r Superintendent, the ro ri Franchisee's r t iv ( ) immediately upon n knowledge the for repairs. Contractor must notify the tilit y Representatives at Water Representative - 361 - 7-1888 (880-3140, after hours) Wastewater Representative - 3 - 7- (880-3140, after hours) Gas Representative - 361 - ( r hours) Street u rint n t - 3 - - ( r hours) Storm r Superintendent - 361 - -1 1 ( - , after hours) Traffic Signal & Fiber Optic - 361 - -1 (886-7452, after hours) Revocable Easement Agreement(Rev=d:6J97) Tex tar Midstream Utility,L Page 6 of 14 Texas One II - 361 - 1- 1- - ! - - 361 - 1-800-344-8377 and the ra is 's Representative(s) at SWBT - 361 - 881-2511 (1-800-824-4424, r hours) ) ° 361 - 299-4833 - r hours) Time Warner - 361 - 7-5000 (857-5060, after hours) Grande I r rc ) a 361 - 814-1500 3 - r hours) Espire (Fiber tic) - r® 850-2652, after hours) KMC (Fiber tic) - 504 - - r, 1-800-676-9407) ! (Fiber tic) - 361 - 1- (361-774-3889, r hours) Caprock (Fiber tic) - 972 - -7 to verify , locations, time f beginning construction or repair work. The Utility r tiv s, the tr t Superintendent, and the Franchisee's Representatives may have representative pr n rin Grantee's construction, r ir, or emergency repair operations. ct Permit. 48 hours prior to commencing routine construction or repair work, and by 9 a.m. the r for emergency repairs, the r will apply t the ircr or his designee for a permit before disturbing the Revocable s r Grantee st perform the work in accordance it r i all applicable federal, state, local l s and regulations. Contractor must not leave trenches r pits in the v c ! Easement r open overnight ul s Contractor provides adequate security devices r v n siI injuries r accidents. All trenches it must be backfilled as soon as possible, the c fill properly compacted, t c restored, the r all done in neat and workmanlike r. No bore its may be left open longer than calendar days regardless of location. Barrel type barricades will be placed j c t to ll pits. At a minimum the ll i items will be included in the r it: i Bore. Grantee's pipeline crossing v c I e Easement Area will be dry or slick bored. t or slick bore approved it ct r if the r will provide the it c r or " t sufficient and satisfactory sit analysis information to support the r . ii) t. Grantee or its Contractor must saw cut any existing concrete an !t down to sub-base, replace wi concrete or asphalt. The pavement repair must consist of 5-inches of compacted Hot Mix Asphalt Concrete(HMAC)Type D to be placed in two lifts, i.e., - Revocable Easement Agreement(Rev=d. a"97) `rexstar Midstream Utility,LP Rage 7 of 14 is 2-inches or two Gs of 2.5-inches. The HMAC pavement must extend over the xisti for a width 12-inches i r side of trench t. Subgrade will be trenched with ri me coat MC-70 at l.lsy. Final backfill shall consist of cement stabilized containing a mi i c s of Standard Type I Portland cement per cubic yard of sand in t right-of-way where asphalt concrete pavement has been c $ and surface. Pavement will be restored s described roe side t centerline, such that no settlement will occur in roadway area. Grantee will encase the Improvements in sand, with a minimum -i r n Improvements. ) Uncovering City Utilities. A City Inspector the t rity to request Contractor to ncov r a Utility i in the v c I Easement Area to verify its depth or location. If the ro s Improvements cross an existing transmission i ( diameter and above), the r c will uncover the in at the point of intersection wit Improvements, wit Utilities (Water) r s t tip on-site durin c tic . This excavation will occur hours prior to t of construction f that portion of the Improvements that intersect the transmission ma If the r Improvements cr i Utility, Grantee must int i 3-foot vertical s r i n; however Grantee must maintain a twelve(1 2) foot vertical -f t horizontal separation r l l water transmission mai s. Grantee must properly compact backfill around all existing City Utilities in accordance with l! City constructions standards, including Ci r Distribution y r s, paragraph 14(c), and the i Inspector's request. Contractor must take every precaution is it surrounding xistin City Utilities, including any and all thrust blocks. If Contractor's r n the Improvements t rlin , as determined the r Representative, a Water cr u immediately allowed access to the v c I Area ll repairs. All City's costs (labor and equipment) associated with the rli repairs ill be paid by the r t within 30 days after City s s Grantee an invoice. The Water Representative will determine the f damage to the Waterline type of repair necessary. If Contractor's r the Improvements i ty Utility line and soil or sand enters service lines and causes damage to residential r non- residential in Grantee t resolve the issue i the individual owners, including all costs associated with resolution. City Inspectors. i! r is being done within the c I Easement r , including wit t limitation wor r existing t r Revocable Easement Agreement(Rev=d.8t97) Texstar Midstream Utility,LP Page 8 of 1 main, nr ct r must pay for each City Inspector's time t the Revocable Easement Area at a daily rate $301.31 for each day spent inspecting construction, in c , repair, replacement, r relocation of sai Improvements. lf- y - 4 or more hours of work - constitutes a who working for r calculation. n i in xc s of 8 hours day, or on Saturday, Sunday, and Holidays, is calculated i! t of r hour. Grantee must pay t funds to the appropriate i Department within the i allocated it ct r. The daily rate and overtime charges changed by the Director each August 1 based upon the average s of the r Inspectors. T new charges it l be on file with the it c r. Drainage, r in , and erosion. Contractor must maintain proper drainage t all times, including i t limitation at the end of each r in ll drainage ditches impacted h construction, repair, replacement, r operation of the rcv ts. After completion a , or i v t of repair crr lc , the Improvements Contr ctcr must reshape and grade, and sod if lic ! , drainage is to correct and per condition r i Director. If the drainage ditch is concrete ther ill be no grading, etc., but the itc repaired its previously existing condition s determined by the it c r. If there is y erosion of roadway or private property to loss of xi tin vegetation l n the s of the r i ditches, or from any other condition iri the it along the vc I Easement Area caused y Grantee relocating, i Ili operating, repairing, and replacing the Improvements, r n s resolve the s issue with the individual owners, including aII costs ss ci t ed with resolution. Damages to structures. If there is ny damage to riv y , culverts, head walls, and any other structure, public or private, caused r relocating, installing, o r i , repairing, and replacing Improvements, Grantee us resolve issue it individual owners, including ll costs associated with resolution. Equipments and materials. Grantee may not store r leave overnight any ui or material in City property. Grantee's equipment r stock pile of ri ! on private property, r on City right-of-way duri s not obstruct the vision of vehicles or pedestrians for 500 feet either direction from street intersection or driveways onto a street. i) Aesthetics. To preserve and protect trees, shrubbery, other aesthetic features on the street right-of-way i r , the Director may specify and t of tree removal, tr ri i , Revocable Easement Agreement(Rev=d.8/97) Texstar Midstream Utility,LP Page 9 of 1 or replacement, replacement of other aesthetic features, including specifying the f installing the Improvements. it ct r will use due consideration in establishing the value of trees and other aesthetic features i r xi r the r Improvements and any special requirements justiff y the value r other aesthetic features. Testing. ity Inspector r i laboratory testing ill be required, t r, location, and frequency stirs ll testing is at the Contractor's exp . fe t . The City Inspector request ny other conditions may be required o complete this r c in a safe r ls` r. i) Guarantee. Grantee's workmanship and materials must comply with all applicable i Standards and all work must guaranteed by the r r a one-year period from the r t ee provides the reproducible, as- built drawing required y Section 10, to the it ct r. } Notification of Leaks. Grantee must ti it c r of any spills and leaks within the vc l Easement Area within business days after Grantee is aware of the spill or leak. Grantee must pay for all remediation costs related to its Improvements s ills or leaks within the voc I Easement Area. Grantee s r vi de Director a remediation plan complies i l! applicable federal, t t , and local rul regulations the i me of discovery of the leak or spill. The City r may investigate the condition leaks and spills. City use of Revocable t Area. All rights granted Grantee, are subordinate II uses as t i may make of sc vc I t Area, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, for City purposes. 17. Sale of Natural Gas- Restrictions. Grantee is expressly prohibited from sale r distribution of natural gas to consumers, t r industrial, c rci I or residential, xc tr f Power& Light Company), which consumers r located within the city limits the it Corpus Christi as may be amended from time to time. It is x r ssly provided that, as used in this paragraph, the sale of "natural " does not include intercompany s l r transfer by or between two or more business entities of fuel gas or fuel in form consumed in the fractionation, heating, distilling, producing r manufacturing process, of the petro-chemical industry. It is mutually understood and agreed that this Agreement, as written, covers all covenants, agreements, and stipulations between the parties that no representations r statements, ri or oral, have been made modifying, adding or changing terms r f, and that any party securing this conveyance on behaif of Revocable Easement Agreement(Rev=d.8197) Tex tar Midstream Utility,LP Page 10 of 14 Grantee is without authority to make representation, stipulafion, covenant or agreement not herein expressed. Executed in duplicate this the day of 2013 Revocable Easement Agreement(Rev--d.$197) Tex tar Midstream Utility®LP Page 11 of 14 GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI City cr etary Ron L. Olson, City r LEGAL APPROVED S. TO y of 2013 By: Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before i by Ron L. Olson, City Manager, of the € of Corpus Christi, a Texas municipal corporation, on behalf of said r ti na Notary lic® State of Texas Revocable Easement Agreement(Rev--d. 7) TexStar Midstream Utility,LP Page 12 of 14 above GRANTEE The ro foregoing L T is accepted this the 2013, by Gaylon E. Gray, as Vice President of n i ering and Operations fr TexStar Midstream Il GP, LLC, general partner o x t r Midstream Utility, LP, a Texas limited r i , on behalf of said partnership, the Grantee ri , and Grantee r r the conditions i cs the Revocable . TexStar Midstream Utility, L m .w Gaylon E. Gray Title: — is r i rat of Engineering and Operations THE STATE OF TEXAS COUNTY OF C This instrument I edged before me this 2013, by Gaylon E. Gray, as Vice President of Engineering r i,..:i for Tex Star Midstream II , LL C, general r f T t r Midstream Utility, L ,� Texas limited partnership who declared that they executed the serve for the purposes therei stated and with ro r authority to do so. s f F"gyp JACQUALINE SHI ic, State of Texas 4 NOTARY PUBUC, T COMMISSION MY IR£S Revocable Easement Agreement(R �°d.8/97) TexSlar Midstream Utility,LP Page 13 of 14 TEXSTAR MIDSTREAM SERVICES LP. EXHIBIT "A" NUECES COUNTY, TEXAS 50 FOOT WIDE EASEMENT DESCRIPTION February 08,2013 Sheet 2 of 2 DESCRIPTION: EASEMENT A 50 foot wide easement,being twenty five-feet(25)left of and twenty five-feet(25)right of a surveyed baseline as shown on Sheet I of 2 of this Exhibit"A",being situated in the Gregorio Farias Survey,Abstract No.592,Nueces County,Texas,and out of a called 4.92 acre tract of land,described in a deed to the City of Corpus Christi,recorded in Volume 1370,Page 27,Deed Records,Nucces County, Texas(D.R-N.C.T),said 50 foot wide casement being more particularly described along a surveyed baseline by centerline description as follows: BEGINNING(B.O.L)on the Northeast line of said 4.92 acre tract and on the Southwest line of a called 13.963 acre tract of land awarded to The City of Corpus Christi by Judgement,in Cause No.7 1,styled City of Corpus Christi vs.Clyde Jennings and Zelda Jennings,recorded in the Minutes of the County Court of Nueces County Texas,hum which a 518-inch iron rod found for the South comer of said 13.963 acre tract,bears:South 55'47'15"East,a distance of 89.98 feet; THENCE South 02'39'40"East,a distance of 248.27 feet to the Southwest line of said 4.92 acre tract, and the most Westerly Northwest line of a called 18.87 acre tract of land(less 0.98 acre),described in a deed to Charles W.Bickham,recorded in Document 9 1996017928,Official Public Records,Nucces County,Texas(O.PM-N.C.T.),for the END OF THIS DESCRIPTION,and POINT OF EXIT(P.O.E), from which a 314-inch iron pipe found for the South comer of said 4.92 acre tract,bears:South 56'00'15" East,a distance of 752.23 feet. The above surveyed baseline traverses the said 4.92 acre tract for a total distance of 248.27 feet or 15.05 rods,and containing 0.28 acre of land in said easement. All bearings and distances contained herein are grid,based upon the Texas State Plane Coordinate System,South Zone,of the North American Datum 1983,in U.S.Survey Feet. DESCRIPTION: TEMPORARY WORK SPACE: A Temporary Work Space out of said 4.92 acre tract of land,located West of and adjoining the West line of the previously described Easement as shown on Sheet I of 2,containing a total of 0.17 acre of land. Plat of even date accompanies this field note description. OF BRYMT, SR. Topographic Land Surveyors SUR 1400 Everman Parkway Fort Worth,TX 76140 February oa, 2013 Ile oRg Rio ORO Ln NO Dille JS 'ILK 42 Zug ON . . Fife \Mpretect\,councdlexh\pipelinecosernenticnd.dwg f r. € r rr/fir� r x y � r ✓`, r r PROJECT SITE 624 S r€ u j tt r furl r MA Jr t 1 G" r� O r �r� LOCATION MAP r � j r x, NOT TO SGAl o_ v. r ry'. jib y 4rZ D F � r r : r >xr rk`=rrs> wk „f 1 l $ r g 1 a f � n t. f e r a, r REVOCABLE PIPELINE EASEMENT TO CITY COUNCIL EXH1131T TA II75 ► UTILITY, LP CITY OF CORPUS CHRISTI, TEXAS r DEPARTMENT OF ENGINEERING SERVICES G. Pardas Surrey,Abstract No 592 Nueces County, Texas PAGE: 1 of 1 c AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of September 10, 2013 ¢k6RY° Second Reading Ordinance for the City Council Meeting of September 17, 2013 DATE: 8/30/13 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director of Development Services MarkVV @cctexas.com (361) 826-3897 Approval of agreement and appropriating ordinance to reimburse Kitty Hawk Development, LTD., for the construction of water arterial transmission and grid main line CAPTION: Ordinance authorizing execution of a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Kitty Hawk Development LTD., ("Developer'), for the construction of a water arterial transmission and grid main line and appropriating $30,691.40 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Kitty Hawk Development LTD., will install 415 linear feet of 12-inch water arterial grid main extension to provide adequate water to a proposed residential subdivision. BACKGROUND AND FINDINGS: Per Section 8.5.1.C(1) Credits and Reimbursements of the Unified Development Code ("UDC"), Kitty Hawk Development LTD., is requesting a Reimbursement Agreement for the development of Kitty Hawk Unit 2, as shown on the final plat. The subdivision is located along the south side of South Staples Street and west of Kittyhawk Drive. The development requires the extension of 415 linear feet of 12-inch water arterial grid main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit C. ALTERNATIVES: Denial of the Reimbursement Agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water grid main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Water Arterial Transmission Grid Main Trust Fund Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $1,928,492.44 Encumbered / Expended Amount $950,294.18 This item $30,691.40 BALANCE $947,506.86 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement- Water Arterial Transmission and Grid Main Construction and Reimbursement J 6� r t� x N v z z e a,, O,PKWY w LU z O �rf�;df� � �i� ' 214gS3210�d JND1 � , W Z 214�S1MdH.11�l'I>1 - ' kM�1��OS0 S w 214 SIS3W3N ' °0 �# 10 Wflb!N213db�0 a Q w G� �Q- � r 3^ti rznJ° e � Ordinance authorizing execution of a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Kitty Hawk Development LTD ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $30,691.40 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with Kitty Hawk Development LTD., ("Developer"), for the extension of a 12-inch water arterial transmission and grid main line, including all related appurtenances, for the development of Kitty Hawk Unit 2, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $30,691 .40 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. 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 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: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUEC § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home- rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and Kitty Hawk Development LTD., ("Developer"), 8230 out Staples, Corpus Christi, Texas 78413. WHEREAS, the Developer, in compliance with the Unifi ed Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Kitty Hawk Unit 11 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Kitty Hawk Unit 11, Developer is required to construct a public waterline in order to record such plat, WHEREAS, Developer has submitted an application for reimbursement o f t he costs of extending a 12-inch waterline from the west property line of Lot 1, Block 2, Kitty Hawk Unit I west fora distance of 415 linear feet in order to extend water grid main along South Staples Street (FM 2444) and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12-inch waterline from the west property line of Lot 1, Block 2, Kitty Hawk Unit I west fora distance of 415 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Kitty Hawk Unit 11, Developer will construct the 12-inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12-inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12-inch waterline, as shown in Exhibit 3, with the following basic design: (1) Install 415 linear feet of 12-inch PVC pipe. (2) Install 415 linear feet of trench safety. (3) Install connection to existing 12" waterline. (4) Install one(1) 12" gate valve and box. (5) Install two (2) 12" cap with test riser assembly. b. The plans and specifi cations must comply with City Water Distribution Standards and Standard Specifi cations. C. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12-inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12-inch waterline. If any of the property needed forte Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Developer shall pay tot City of Corpus Christi the required acreage fees and pro-rata fees as required by the UDC for the area of the improvements for the construction of the 12-inch waterline. The required acreage fees Developer is to pay tote City under the UDC for the 12-inch waterline improvements will be credited to Developer provided that an application for credit, including cost- supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12-inch waterline and is approved. Arterial Transmission and Grid Main Construction and Reimbursement Agreement Kitty Hawk Development LTD.vrinal Page 2 of 9 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12-inch waterline, under the approved plans and specifications, by September 24, 2014. 6. TIME IS OF THE ESSENCE Time is oft essence in the performance aft is contract. 7. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer fort preparation of plans and specifications by the 1 Oth calendar day after the date of approval by City Council. b. Developer's professional engineer falls to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer fails to award a contract fort construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by it Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before September 24, 2014. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non- defaulting party shall deliver notice oft default, in writing, t o t he defaulting party stating, in detail the nature oft default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery oft default notice ("Cure Period") to cure the default. Arterial Transmission and Grid Main Construction and Reimbursement Agreement Killy Hawk Development LTD vrinal Page 3 of 9 C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need t o p erform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt o f t he notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the to Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force maieure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control oft party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business as after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, Arterial Transmission and Grid Main Construction and Reimbursement Agreement Killy Hawk Development LTD,vfinal Page 4 of 9 but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: 2. If to the City: John Bratton, General Partner it of Corpus Christi Kitty Hawk Development LTD. 1201 Leopard Street(7 8401) 8230 out Staples Street P.O. Box 9277 Corpus Christi, Texas 78413 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change of address for notices by giving notice of the change under the provisions o f t his section. 12. THIRD-PARTY BENEFICIARY Developer's contracts with the professional engineer fort preparation of the plans and specifications fort construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a it party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor fort construction oft project, before beginning the work, to execute with Developer and the City a performance on if the contract is in excess of $100,000 and a payment on if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the for and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function oft 12-inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Arterial Transmission and Grid Main Construction and Reimbursement Agreement Kitty Hawk Development LTD,vrinal Page 9 of 9 1 . REIMBURSEMENT . Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12-inch waterline improvements, not to exceed $30,691.40. See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30-days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. C. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. ]NDEMNIFICATION DEVELOPER, V FULLY INDEMNIFY, HARMLESS I CHRISTI, I FI , AGENTS,AND ("I I ") AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS SUITS CAUSES OF ACTION OF Y NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY F INJURY OR DAMAGE TO PERSON INCLUDING, WI T LIMITATION ON THE FOREGOI , WORKERS COMPENSATION CLAJMS, OR PROPERTY LOSS OR DAMAGE F ANY OTHER KIND ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT I , BE CAUSED Y, OR BE IN ANY WAY CONNECTED WITH, I PROXIMATELY OR REMOTELY, WHOLLY OR IN L FAILURE COMPLY I ITS OBLIGATIONS I PROVIDE CITY WASTEWATER SERVICE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE IN ANY MANNER CONNECTED WITH, I ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED I L OPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, L CAUSED BY THE SOLE CONTRIBUTORY Li INDEMNITEES OR ANY OF THEM, REGARDLESS F WHETHER THE INJURY, , LOSS, VIOLATION, EXERCISE F RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAJMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT LI Arterial Transmission and Grid Main Construction and Reimbursement Agreement Kitty Hawk Development LTD,vrinal Page 6 of 9 INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED I FAULT F ANY OTHER PERSON OR ENTITY, A INCLUDING L EXPENSES F LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED ARISE, T OF OR IN I WITH TED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES L CLAIMS, DAMAGES, AND LIABILITIES TV , FORESEEN OR UNFORESEEN, HAZARDOUS UNDER ANY S C LAWS, INCLUDING BUT NOT LIMITED THE FOLLOWING: ( ) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC I TE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE I SUBPARAGRAPH LL INCLUDE T SHALL NOT BE LIMITED FEES CHARGED BY (i) ATTORNEYS, (li) ENVIRONMENTAL CONSULTANTS, (Ili) ENGINEERS, (I ) SURVEYORS, AND (V) EXPERT WITNESSES. ( ) ANY COSTS INCURRED I T LET (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE Y DEVELOPER/OWNER I THIS EE E T, OR (ii) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER F RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE REGARDLESS PROPERTY F WHETHER OR NOT THAT ACTION WAS MANDATED L, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH This Agreement is a covenant running with the land, Kitty Hawk Unit II, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. Arterial Transmission and Grid Main Construction and Reimbursement Agreement Kitty Hawk Development LT®,vgnal Page 7 of 9 19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests for attached hereto as Exhibit 5. 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN TRIPLICATE originals, *this day of (A 2013. SIGNATURES FOUND ON PAGES 8 and 9. Developer John Bratton, General Partner Kitty Hawk Development LTD. 8230 out Staples Street Corpus Christi, Texas 78413 By:_ John#--r on General Partner THE STATE OF TEXAS COUNTY OF NUECES § This instrument was signed by John Bratton, General Partner, for Kitty HaWAI., Development LTD., and acknowledged before me on the day o 2013. f oUILLERM0 M.MEDINA MY COMMISSION EXPIRES iWary public, State of Texas Mwch9.2D17 Arterial Transmission and Grid Main Construction and Reimbursement Agreement Kitty Hawk Development LTD,vfinal Page 8 of 9 CITY OF CORPUS CHRISTI: ATTEST: By: By: Armando Chapa Ronald L. Olson City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Armando Chapa, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2013. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Ronald Olson, City Manager, fort City of Corpus Christi, Texas, and acknowledged before me on the day of 2013. Notary Public, State Of Texas APPROVED AS TO FORM: This day of 2013. Marcie Downing Assistant City Attorney For the City Attorney Arterial Transmission and Grid Main Construction and Reimbursement Agreement Kitty Hawk Development LTD.vrinal Page 9 of 9 �R# wm g Fig- A if imp RBjpuE � c _ to saw. The s,s ri u TVIV z jig E ' o 3 - �, fib � I, 61501 911111N, 11 h al 1 wa list! APPLICATION FOR WATERLNE CREDIT 1,John Bratton owner of Kigy Hawk evelo ent t ,owner and developer of ro ose -Kitty Hawk nit 2 Subdivision,hereby apply for 4.51 credit towards the water lotlacrea e fee for the Grid Main as provided for by City r in ce No. 17092. _ ,8 4.51 _is equal to e required lot/acreage fee and represents a portion of a construction cast, including 7.5%® Engineering, own by a cost porting documents attached erei . J Bratton, Owner (Date) r.�tty Hawk Development, Ltd. THE STATE S }( COUNTY OF NUECES )� This instrument was acknowledged beore me on c ____ -----------------__-_,2 i , by TnV%n r , a Texas Corporation, on behalf of e said corporation. k EM TEE� �► s Notaay Public in and for Nueces County, Texas 16 APPLICATION FOR WATERLM REIMBURSEMENT I,John Bratton,owner of Kitty Hawk Development,Ltd ,owner and developer of proposed _ °tty awk Unit 2 Subdivision,hereby request reimbursement of$ 30,691.4 0_for the installation of a water Grid Main as provided for by City Ordinance No. 17092. Said 30,,691.40 is the construction cost,including 7.5%Engineering,in excess of a lot/acreage fee,as shown by the cost supporting documents attached herewith. 94'&ak _ ' = _. --�'John Bratton, Owner (Date) Kitty Hawk Deveiopment, Ltd. THE STATE S )( COUNTY OF CF )( This instrument was acknowledged before me on ,2 by _ _ a Texas Corporation, on behalf of the said corporation. DIANA C. RA IR Z Notary Public,state of Texas y cammr ssicn Expires October 12, 2013 Notary Public in and for ueces Co y, Texas CERTIFICATION The information submitted with is application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Grid and Arterial Main Trust Fund, and (b) appropriation and approval by the City Council. Director of n ineerin Services (Date) (City Engineer) Exhibit 3m C14 133HB WUULL T- 4 ffi AAEVZSUNn Tow mmm %ON WrA zza CL oil ubtt LL 55so 111 ''' Hili lie fm b oil V con z :5 Cal_ can z Not co w V ad C) CNO D 0 C cw LU z Co co Ani duxj LU Nil a 8 Ili hfb Rpm I b I b 9 MI hoe B aN N I !� AMHnS 31HdVH5OdOi 4 C4 n t t E T Z S.LiNn CM w$pa XMVH CD cc ° - - - C. ° y ' - 4 o- m se • $ r4 71,#[ ar 6 t Y®W @ r B F F c e a a ro w PB®®@is®8 Bgy ®� eB f..*� '�r�®�'g a:r a p°•• - a-0 °48 a m "a. •�a •4. °'w.'�,„ a e B C a e r^ 6 e ®°g a rB•ga® � B®ii @p§ 0 i 6 w k *�o t r a'e a®a B �w / �•e 8a a °* a�a ray g B 8 o All Illn g A I 6 gy 6 I -g,Ia gg`o- lH L cq ou z sJe Nn �a i� nil ®r ® w m d ce) C s e m E x - , w al p ma °�am R67 .. e y E i NVId ONINVIS Z JJ n ISM )VAM AUDI c v z sjjNn j 9"1 R.A Y4 P s MIN a mm E 9 'gi 1 z® Mi. fea �A 8 °6 e � m � r i x rn. NWId SNDNTS CAM LO tun CL A Evil fill 0,i 9 e 0 At Lill, E0- NI, N� NVId ONDWIS C T Z S.UNn (0 eju xmvH A1.Ux 07 6 as co (a logo a ® Cf) vq x bras robs «---- -- Bb M-k ----------------- ---------------- ® 4d Z UNn \• 8a E z sire 46 CL t x m Id It b d .,. k 'via! r rt A t8 BNRMD T SNIAWd q® min r xMVH AUM co e O CL Fri o r�P E° gr Rr r' r a 0 ffi� r�r e' � 6 E r e s s a r ' r r fr spa i� r r P$ M e� w�� N. Rom", I?Jvkj a s z S.UNn _ of i33H% ps — +sz °vts hart IH3m — °: c� CL �. r to e t 0 h � rL.0 vn ° nl ° t oil A I w 1 it 1 9 r� ecc�5s Wit I N I f � �1 1 1 6 4��'83�•8"� 1 LU I gg �•: ah Me ° I 1 1 N W t .g 1 1 14 a Z 3 1 1 Y 1 li 1 F" a E13 v—a ®aa � 1 3 1 t 1 t ° a � 1 1 1 1 .8 , 1 . 1 C14 3113OHd T NVId 13NNYHO NOISu3ma e 9 z simn q- 46 XMVH AUJ51 0 wZ!g —.-a w V hd Id low 4m .............— ILI 1W ............... ............................................................... DOWN SNrM H3iVM 9 9 SMNn C 2 Z SIM as Y.MVH Alum co to CL oil ME Z41Y ® .a E v Z suNn 5LMVHAIM ! CD IL F7 t � - .® 2e Jill 1, d 0 d 9 ! py t 0 M E r n m q 6 KITTY HAWK UNITS 11&IH UNIT PRICE BASIS OF BID PART A-GENERAL MEM DESCRIMON QUA. rM' INrr VNITPRICE AMOUNT Al Goneval&Mobilizalion,evirploic and in place pet Lurie Sam I LS 5 41,08130 S 42.081.50 AZ Pay &Peffninstance BatWs,complete and in place pet Lump Sum, N/A Ls NIA NIA A3 Sumo waler PulWirm PrevAnathin Plan,cumilildc and in place per Limp Sam. I LS S 5U6rO49 S 5110 00 A4 Ortme Action Days,complete mid in place per Day I DAY 5 1. on S I. 01) A5 Consnuction Eirrince,ctimplen:and in place per Each. NIA EA N/A N/A A6 Sill Fence,complete and in place per Linear Fota. 15M LF S 305 5 7,625.00 TOTAL PART A-GENERAL $ 51,206-50 PART B-KITTY HAWK UNIT 11 EARTHWORK rM%I DESCRIMON QUMVnTV UNrr UMPRICE ANIMINT 81 Cicat and Grah,ctimplea:and in piece M Acre. 4.6 AC S 1395100 S 7,337.996 B2 SIWI EXCAV`Kian°14=9 Spoils an Uft,CoMP109 and in place pet[Ulde.Ywdr 331 CY S 370 S L221470 113 Channcl'X Excavation.Place Slmil%tin Lus,complete in place per Cubtv Yard 11.8 No CY S 305 1 5 26,87050 B4 Ditcreigin Channel Excavmfitin,Place Spoils tin Adjacent Beim 1,546 CY S 360 S 5156560 85 tail Grading(Enthankrisna - Includes Spirading Street and Chnand W excavadkot mannial.Am Lu5l. 9,061 CY S 155 5 23.10555 complor and in place per Cubic Yale]. 86 Channel°A'Berm JErnhankment.Includes Sptradias Claannei'A cxvivalkin ittalcrial Am Beirinh complete NIA CY NIA N/A -1 and in place prr Cubic Yard. 137 Diversion Channel Bann(Emb art kincor-Includes Spreading Diversion Chamad excavation material on 18 cm).complete and in plat per Cubic Y"d. 1,626 A CY S 265 S 4,3(Yd 90 $11 Site Finish Grading 4.6 AC 5 1.22500 5 5,635-9X9 H9 Chamnel'x R &Berm Wood Cellulose Fiber llydvrAvd Re-Vegaafion(DAvtNas Include Cominned 4,386 SY S 105 S 4,605.3U Instering),complain in place per Square Yard RH) Relocale Existing Rock Rip-rap,complete=it in place par Lump Sam. En I LS S 9,485.00 S 9,485.00 TOTAL PART R-ICI HAWK UNIT 11 EARTHWORK $ 89,13735 PART C-KITTY HAWK UNIT H STREET IMPROVEMENTS PENC its MON QuANTITY MIT UNrF PRICE ANIOL14T Subgradc Preparation.including 8'Lines Siabiliacd Suhgrj&-(I'D 0 C),complete and in place M Square I,I t5 SY 5 8.60 5 9,847.M Su 8"Type A,Grale I Crushed,Liffiesume Base pff TOOT Std.Spec Item No.247 JJ 8.0 C complete C2 1,145 Sy S 16.70 5 19,121.5x9 and in Place per Sqtiam Y"d. C3 Prime Coal a)1 Galions/Syl,complete and in Place Per Gallon. 229 GAL S 680 S 1.557.246 C4 Z"Typc 7DAINIAC,onniplele and in place M Sq na Yard. LOW Sy 5 16.115 5 111,51H." TOTAL PART C-KITTY HAWK UNIT 11 STREET IMPROVEMENTS 5 t9 043,65 LFGAI.I)F_qCPIPTI6N- Kitty Hawk Unit!,being 5.267 acres out or a 298.716 acre tractor land out or the South Half or Section 31 and the North Half or Section 32,Laureles Farm Tracts,a map or which Is recorded In Volume 3,Page 15,N12p Records of Nueces County,Texw. Engineering-Survcying RVE,Inc. rBPE Firm Reg.No.F-2037 820 Buffalo St.,Corpus Christi,Texas 78401-2216 P.O. Box 2927,Corpus Christi,Tcxws 78403-2927 phone:361. 137,885 1 fax:361,887.8855 e-mail:rve@rve-ine.com website: wwvv.rvc4nc.conl Exhibit4 Pagel of 4 KITTY HAWK UNITS II&IH UNIT PRICE BASIS OF BED PART D-K1 17Y HAWK UNIT II WATER IMPROVEMENTS rm%l DESCRIMON QUA NM'Y UNrr UsaTPRICE AMOUNT D I 6'C%AjPV`C%'atcdinc(Incl Ifirtrtungal and Vertical Bendsl,complele and in place per Unearrimit. 470 LF S 32.55 S 15,29850 D2 Conricel its Existing 6'Walct line.conip1clo anti in place per E -h. I EA S 1,95445 5 1,954 45 D3 6"Gate Volvo as Dimi;crimplete and in place per Earn. I EA S 1.56353 S 136355 D4 6"45*Rend I EA S 65150 S 65150 635 6"'22,5°Rend I EA S 65150 S 65150 D6 12"itl2"x6"Tcr I EA S I'M2.35 5 1,042.35 D7 11"im Ilydrato AsseniNy(Inc] 6"x6'Tee.6"GV&B and 6'D I Uad),canifskic and in pljcc isci h. I EA S 5,472.45 S 5,47245 D81New Shunt Diruble Water Scnicc(Incl.hicter Bux,bsta Nis House CminoctinriAleter) complete and in place I EA S 1,303 95 5 130295 M Each. D9 New lac& pk Ling QhlcWtncrSvmcc(Ind. ",rMletc and its placc I EA S 1,563.55 5 1,56355 1perl - DID I EA S 781 Be 5 78180 TOTAL PART D-KITTY HAWK UNIT 11 WATER IMPROVEMENTS ----------30,282.60 PART E®ICI HAWK UNIT It OFF-SITE WATER IMPROVEMENTS rmT_ DrscuirrioN QUM"I[V vNrr VINI'MICE AMOUNT El 12"C900 PVC Waterline flmL hirfizarnal and VrAcall Hcralo.Vita laic and in ptxo per Linear rosin. 415 LE 5 32 lu S 21;621 50 Ml Tooth Safety,currilikic and in place per Ussear R�,n. 415 LF S 2.60 5 1,079.00 E3 Ctnr ct to Existing 12'Watedine,consploic and in place per Elach. I EA S 2,34535 5 2,34535 FA 12"Gate Valse&Box,ctimpk9c and irt place per Each I EA S 3,90990 5 3,90890 E5 12'Test Riser Asscirnrly.consplere and in ptacc pff Exit. EA S 1,04235 S 2,08470 TOTAL PART E-KITTY HAWK UNIT 11 OFF-SITE WATER IMPROVEMENTS S 31,039.45 1XV.ALIMSCRIPTION. Kitty Hawk Unit 2,liteing 5.267 acres out of a 298.716 acre tractor land out of the South Half or Section M and the North Half at Section 32,Laureles Form Tracts,a stamp or which is recorded In Volume 3,Page 15,Map Records of Nueces County,Te=. Engineering®Surveying RVE,Inc. TBPE Finn Reg,No.F-2037 820 Buffalo St-,Corpus Christi,Texas 7840142216 a 111.0. Box 2927,Corpus Christi,Texas 78403-2927 phone:361.887.8851 Fax:361.887,8855 c-rna&rvc@rve-inc,corn websile:www.rve-inc.com Exhibit4 Page 2 of 4 KITTY HAWK UNITS II&III UNIT PRICE BASIS OF BID PART F-KITTY HAWK UNIT III EARTHWORK DESCHIMON fptf,4la UNFT L141'rPRICE AMOUNT I'l Clem and Grub,anuplele and in place per Acre. 4.4 AC 5 1,595.00 5 7,01900 P. Existing Cal ek.sac Demolition,complete 636 SY S 750 S 4 77O8191 F3 Surer Excavatkm.place Spuils on raus,curnplete and in place per Cubic Yard. 59 CY 5 370 5 2111-311 F4 Channel'A'E=4vaturn,Place Sisuils on Lans,cuniplea:in place pet Cubic Yard JU,939 CY S 3.05 S 33,363.95 F5 Lm Gracing(Ea binkincrti -Includes Spreading Street and Channel W excavation nus2coal on LA110. 10.998 CY S 2.30 S 27,495.00 complete and in place M Cubic Yard, F6 Charind'A'Berra(Emb=knwal®Includes Spreading Channel Wexcevalion nualefial am Bennl,,complete NIA CY NiA NIA and in place per Cubic Yard. F7 Site Finish Gtading 4.4 AC S 1225.00 S 5,YDIMM Watering)..Cla n lBuiki&Berm WKA Collulow Fiber kiydrmcrd Re-Vegetation(Dars A°®t Include Continued 4,957 SY 5 Lou S 4,957.00 F8 one a cumplLic in place M Square Yard F Relocate '�' 9 Relocate Existing Back Rip-rap.ccanplele and in place per Unip Sam NIA LS NfA NIA TOTAL PART F-KnTY HAWK UNIT III EARTHWORK S 93,212.25 PART G-KITTY HAWK UNIT III STREET IMPROVEMENTS DESCRIMON QUAN­nTY UNIT V%Irr PRICF AMOUNT 01 Subp-Adc 1reparalion including N'Lime StabiFjrd Subgraik(I'B O.C.),co fete and in place per Square LU79 BY 5 910 S 9,818.90 Yard 02 It-Type A.Grade I Crushed,Unsomorw Hass pet TxDOT Std.Spec.hem No.247(I'B OC) cumplete 1,079 SY S 17.20 5 183511.1181 and in place per Square Yard. G3 Man,Coal(0 2 Gallons/M.complcu;and in place per Gallon. 216 GAL S 7.25 S 136610 ---F----------I G4 12-Type'DAINIAC,cat Cede and in place peer Square Yud. 1,8836 5 17,819.281 TOTAL PART G-KITTY HAWK UNIT III STREET IMPROVEMENTS $ 47,76190 PART H-KITTY HAWK UNIT III WATER IMPROVEMENTS DESCRIMON QUA NTM VNIT UNITMICE A%IDU%-r 111 6'C9M PVC Waterline(Incl.Iturizurital and Vertical Bends)clanpleirand in Place pet Lutcar Rkrt' 153 LF S 3240 5 5,022.00 112 Connect ut Existing 6"Waterline,cminplele and in place per Each. I EA S 1,94490 S 1.94490 113 Fire llydram Assembly(luel.6'%6"rm,6"GV&B and 6"D.1 Lead l,complent and in place per Each I EA S 5,44565 S 5,445.65 114 6"ht!Cap in place per Eac:-h I EA S 77795 S 77795 115T._11M.W—lifle(NMI.Horizontal said Vertical Bends),complete and in place peer Lotear Rmn 500 LF 5 1945 5 9,72500 116 2"Coapwatiun Mup,cirmplese and in place per Each. 2 EA S 51965 5 11037 30 117 M"x 2"Scr%itc Sawle I EA 15 97245 5 972.45 Ila Now Long Duuble Water Service(Incl.Juener Bnx,but No house complele and in place EA S 1,555.90 S 3,111.110 per Each. IN Z'Test Riser Assembly,complete and in palace per Each I FA 5 64930 S 681130 HIO 6"test Rim Asscritbly,cumplere and in place per Each I FA 5 77795 5 77795 TOTAL PART H-KITTY HAWK UNIT[if WATER IMPROVEMENTS $ 29,46330 I.E_CALDF-SCRIPTIOM Kitty Hawk Unit 2,being 5.267 acres out or a 298.716 acre tract of land out of the South Half or Section 31 and the Norlh"air or Section 32,Laureles Farm Tr2cls,a map of which Is recorded in Volume 3,Page 15,Map Records or Nueces County,Texas. Engineering-Surveying RVE,Inc. TBPE Firrn Reg,No.F-2037 820 Buffalo St.,Corpus Christi,Texas 78401-2216 P.O.Box 2927,Corpus Christi,Texas 78403-2927 phone:361 M7.885I gi fax:361.887.8855 e-mail:rvc@rve-mc,com websitc:www.rve-inc.com Exhibit 4 Page 3 of 4 12" WATER MAIN EXTENSION COST ESTIMATE ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 12"0900 PVC Waterline(Inc].Horizontal and Vertical Bends), 415 LF $ 52.10 $ 21,621.50 complete and in place per Linear Foot. 2 Trench Safety,complete and in place per Uncar Foot. 415 LF $ 2.60 5 1.079.00 3 Connect to Existing 12"Waterline.complete and in place per Each, I EA S 234535 S 2.345.35 4 12"Gate Valve&Box,complete and in place per Each. I EA S 3,908.90 S 3.90890 5 12"Cap with Test Riser Assembly,complete and in place per Each, 2 EA 5 1004135 S 1084 70 6---FymentBond I LS $ 380,00 $ 380.00 Sub-Total®12"Water Main Extension $ 31,419A5 7.5%Engineering Fee S 2,356,46 TOTAL- 12" Water Main Extension $ 33,775.91 Lot/Acreage Fee(See Exhibit 2a-Application for Waterline Credit) $ 3,084.51 Waterline Reimbursement(see Exhibit 2b-Application for Waterline Reimbursement) $ 30,691.40 LEGAL DESCRIPTION: Kitty Hawk Unit 2,being 5.267 acres out of a 298.716 acre tract of land out oft a South Half of Section 31 and the North Half of Section 32,Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records or Nueves County,Texas. Engineering®Surveying RVE, Inc. 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:rvc@rve-inc.com website:www.rve-inc.com Exhibit 4 Page 4 of 4 City of Corpus ChrlstL Texas Depanment of Development Services P.O.Box 9277 City of Corpus Christi,Texas 78469-9277 (36()826_3240 Corpus Located at: 2406 Leopard S GEEMEW ME= 4" (Comer of Leopan]SL and Port Ave.) momaw Uhn*sti N10011111111111001411001101 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or fi rms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME, Kitty Hawk Development, Ltd. STREET: 8230 Staples Street CITY: -Corpus Christi ZIP: 78413 FIRM is: E]Corporation Partnership F]Sole Owner E]Association F] Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named 61 flrm Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE I 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: John Brafton Title: Owner (Print) Signature of Certifying Person: Date: -2- KADEVELOPMENTSWS'SHAREDILAND DEVELOPIIE-r NKA NCE ADNI INIS--" nk'A DO WATION FORNISIYORMS AS PER LEGAU2012-01NCLOSURE OF INTERESTS STATENIENTI.27 12 DOC Exhibit 5 Page I of 2 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. "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. c. "Firm". Any entity operated for economic gain, whether rrofessional, industrial or commercial and whether L established to produce or deal with a product or service, inc uding but not limited to, entities operated in the for 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. d. '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. e. "Ownership Interest". Le al o r e quitable 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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. '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. Page 2 of 2 Exhibit se cc AGENDA MEMORANDUM �¢k6RY First Reading Ordinance for the City Council Meeting of September 10, 2013 Second Reading Ordinance for the City Council Meeting of September 17, 2013 DATE: August 26, 2013 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager— Business Support Services WesP@cctexas.com (361) 826-3082 Reestablishing Industrial Districts and authorizing City Manager to execute Industrial District Agreements for a ten year period. CAPTION: Ordinance authorizing the reestablishment of land areas located within the extraterritorial jurisdiction of the City of Corpus Christi, Texas as Industrial Districts; reserving and preserving all rights, powers and duties of the City Council; authorizing the City Manager, or designee, to execute Industrial District Agreements by and between the City and various property owners located within the extraterritorial jurisdiction of the City. PURPOSE: Ordinance reestablishing Industrial Districts within the City's extraterritorial jurisdiction (ETJ) and renewing agreement with new terms with the Industrial District Partners for a ten year period, from January 2015 until December 2024. BACKGROUND AND FINDINGS: As a mechanism to encourage economic development and expand the local tax base, Section 42.044 of the Texas Local Government Code, authorizes cities to negotiate with industry for a payment in lieu of annexation in designated Industrial Districts. Since adoption of the first agreement in 1981, the City of Corpus Christi has maintained Industrial Districts, either renewing or renegotiating terms continuously for the past three decades. The most recent renewal of the agreement with the Industrial District Partners was adopted by the Council in 2004 and is set to expire at December 31, 2014. In October 2012, the City began work on a more comprehensive contract for the next renewal of the Industrial District Agreement. The City team conducted four months of fieldwork, which consisted of cleaning up billing issues, making contact with other cities to research best practice language and conduct comparative financial analysis. The team also produced cost benefit analysis of what annexation would mean, should the Industrial District Agreement not be renewed. Prior to entering negotiations, City Council and Staff agreed on four primary goals: keeping the contract simple, clear, fair but competitive, and ensuring a contribution from the Industrial District Partners toward citywide street maintenance. Discussions with the Industrial District Partners kicked off in February 2013. With 64 separate entities, the City structured negotiations with the top seven largest companies (making up 93% of the value of the Industrial Districts) and two additional seats at the negotiating table for representatives of smaller companies, chosen by Port Industries of Corpus Christi. After nearly 6 months of building consensus on about 30 issues and two rounds of legal review by ID companies and City, the final product being presented has been signed off by the Industrial District Partners and the City of Corpus Christi staff. This renewal of the Industrial District Agreement corrects issues from the prior contract, achieves all four of the goals agreed upon by council and city management, and puts Corpus Christi in fair but competitive position with other Texas industrial districts while promoting economic growth. Once the new master Industrial District Agreement is approved by Council, city staff will move forward to getting Industrial District Partner signed agreements with partners prior to January 1, 2015. ALTERNATIVES: Alternatives included: - Not executing a new contract and collect no payments from the Industrial District Partners; - Not executing a new contract and pursue annexation of land in the Industrial District; - Extend the current contract with the same terms. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: This item conforms to City policies. EMERGENCY/ NON-EMERGENCY: Item requires two readings. DEPARTMENTAL CLEARANCES: Legal 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: Contract would be effective in January 2015. RECOMMENDATION: Staff recommends approval of new Industrial District Agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance- Industrial District Agreement Contract- Industrial District Agreement INDUSTRIAL DISTRICT AGREEMENT NO. THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § This Industrial District Agreement ("Agreement") made and entered into under the authority of Section 42.044 of the Local Government Code, by and between the CITY OF CORPUS CHRISTI, TEXAS, a Texas home-rule municipal corporation of Nueces County, Texas, hereinafter called the "CITY", and [Name of landowner], a[State][type of entity], Landowner, and [name of lessee & improvements owner], a [state][type of entity], Lessee and Improvements Owner, hereinafter collectively called the "COMPANY". WITNES SETH: WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the CITY and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the CITY and its citizens; and WHEREAS, the COMPANY is the owner and/or lessee of Land or owner of Improvements on land within the Extra Territorial Jurisdiction of the CITY; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the CITY has enacted Ordinance No. 15898, approved November 26, 1980, as amended, incorporated for all purposes, indicating its willingness to enter into Industrial District Agreements with industries located within its Extra Territorial Jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues, Ordinance No. reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1 and Industrial District No. 2", herein collectively called "Industrial Districts"; and WHEREAS, the CITY desires to encourage the updating, expansion and growth of industries within said Industrial Districts, and for this purpose, desires to enter into this Agreement with the COMPANY; and 1 WHEREAS, the COMPANY desires to minimize its tax burden and avoid regulation by the CITY of the COMPANY'S structures and properties within such Industrial Districts. NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and under the authority granted under Section 42.044, Texas Local Government Code, and the Ordinances of the City referred to above, the CITY and the COMPANY hereby agree as follows: Article 1 Section 1.01 Immunity from Annexation. The CITY covenants and agrees that during the term of this Agreement, and subject to the terms and provisions herein, the Land shall retain its extraterritorial status as an Industrial District, and shall continue to retain this status until and unless the same is changed under the terms of this Agreement. Except as herein provided, the CITY further covenants and agrees that the Land shall be immune from annexation during the term of this Agreement. Section 1.02 Limited to Industrial Use. COMPANY covenants and agrees that during the term hereof, COMPANY will not use or permit the use of the Land and Improvements covered by this Agreement for purposes not included within the term "industry". "Industry" as used herein shall mean for the same industrial uses to which the Land, or similarly situated land within the Industrial Districts, is now devoted by the COMPANY or other such parties holding such similarly situated land. Holding the Land and Improvements for future "industry" use, without using same for non-industry purposes, does not violate this paragraph. If the COMPANY uses, or permits use of, the Land and/or Improvements covered by this Agreement for purposes not included within the term "industry" as defined above, the payment in lieu of tax to be paid by the COMPANY under this Agreement shall be increased to an amount equal to one hundred percent (100%) of the amount of ad valorem taxes on Land, Improvements, and personal property sited on the Land that would otherwise be payable to the CITY by the COMPANY if said Improvements were situated on land within the CITY limits of the CITY. The increase shall be immediately effective for all payments from the inception of this Agreement, and the COMPANY shall transmit to the CITY within sixty (60) days of being notified by the CITY of the determination of a non-industry use, subject to the notice provided for in Section 4.04, an amount equal to said one hundred percent (100%) of ad valorem taxes from the inception of this Agreement, less any amounts previously paid, plus penalties and interest as if the amounts were delinquent taxes. The CITY shall be entitled to its attorneys' fees and other costs in collecting any of these amounts. In addition, the CITY shall have the right, in its sole and absolute discretion: (1) to obtain an injunction from a court of competent jurisdiction, upon the court's determination that the use is not an "industry" use, requiring that the use be permanently discontinued, or (2) to annex the Land covered by this Agreement and until the Land is annexed, the COMPANY shall continue to make payments equal to said one hundred percent (100%) of ad valorem taxes. 2 Section 1.03 Annexation Corridor. If any other company within the Extra Territorial Jurisdiction of the CITY fails to enter into an Industrial District Agreement with the CITY or defaults on their in lieu of tax payments, and said defaulting company is not contiguous with the CITY'S boundary, the COMPANY shall, after the CITY provides the COMPANY with sixty (60) days prior written notice of intent to initiate annexation proceeding, permit the CITY to annex a suitable strip of land out of the COMPANY'S Land from the CITY'S boundary to the defaulting company's land to permit its annexation. In the event the CITY must annex a part of the COMPANY'S property in order to annex property owned by third parties, the CITY will annex the absolute minimum amount of the COMPANY'S property legally necessary to annex such property owned by third parties. The location of such annexed property shall be subject to the approval of the COMPANY, such approval shall not be unreasonably withheld. COMPANY and such annexed property shall have no right to any CITY services as a result of such annexation; nor shall the CITY extend, by ordinance, any rules, or regulations, including, but not limited to, those (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (C) attempting to exercise in any manner whatsoever control over the conduct of COMPANY'S business thereon. Such annexed portion of land shall remain a part of this Agreement and shall not be subject to CITY taxes, but shall continue to be included within the in lieu of tax payment. In the event that the need for an annexation corridor no longer exists, including but not limited to the defaulting company entering into an Industrial District Agreement, or has met its obligations to the CITY, the CITY agrees to immediately cease any annexation proceedings related to the annexation corridor over the COMPANY'S Land, or within (60) days, take the steps necessary to complete disannexation proceedings required to remove from the city limits any unnecessary annexation corridor. Section 1.04 City Services. During the term hereof, pursuant to this Agreement, the CITY shall have no obligation to extend to the Land any utility or other CITY services, except for services that are being provided to and paid for by the COMPANY on the date hereof, or as otherwise stated herein. Section 1.05 Fire Protection Services. The CITY may provide fire protection services to the COMPANY at the option of the COMPANY for an additional payment to the CITY as set forth under Section 3.05 hereof. Section 1.06 Compliance with City Rules and Regulations. The CITY and the COMPANY agree that during the term hereof, with respect to the Land, the CITY shall not require compliance with its rules or regulations: (1) governing zoning and platting of the Land, or any additions thereto, outside the CITY limits and in an Industrial District; provided, however, COMPANY further agrees that it will in no way divide the Land or additions thereto without complying with State law and CITY ordinances governing subdivision of land; (2) prescribing any building, electrical, plumbing or inspection code or codes; or (3) prescribing any rules governing the method of operation of COMPANY'S business, except as to those regulations relating to the delivery of utility services and industrial waste disposal through CITY-owned facilities. 3 Section 1.07 Definitions. A. City. As defined in the preamble hereof and includes its successors and assigns. B. Commencement of Construction. Physical construction (including, at a minimum, excavation for foundations or the beginning of installation or erection of improvements) at the primary site of the eligible project has begun. C. Existing Improvements. In use prior to January 1, 2015 and no longer on a payment scale or have completed the phase in scale set forth in Section 3.01 E of the Agreement. D. Extra Territorial Jurisdiction (ETJ). The unincorporated area that is contiguous to the corporate boundaries of the City of Corpus Christi and that is located within five miles of those boundaries. E. Grandfathered Improvements. Improvements that are in use prior to January 1, 2015 and were progressing through the eight year phase in scale set forth in the Prior Industrial District Agreement. F. Improvements. As defined in Section 1.04(3) of the Texas Tax Code, and shall also include power generation facilities, petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by COMPANY. Includes Existing Improvements, Grandfathered Improvements, In Progress and New Improvements. G. In-Progress Improvements. Improvements for which construction has commenced, but which are not Placed in Use, prior to January 1, 2015, or for which government permits related to the construction of an Improvement or the expansion of Existing Improvements have been issued prior to January 1, 2015, but for which construction has not commenced. H. Industrial District. The industrial districts created pursuant to Ordinance No. , a copy of which is attached hereto as Exhibit C and incorporated herein by reference. I. Industrial District Agreement. An agreement made and entered into under the authority of Section 42.044 of the Texas Local Government Code. J. Land. All of the real property owned, leased or possessed by COMPANY and located within the Industrial Districts and designated on Exhibit A attached hereto. K. Market Value. As determined and defined by NCAD. 4 L. NCAD. The Nueces County Appraisal District and includes its successors and assigns. M. New Improvement. Improvement for which no government permit has been secured and for which construction has not commenced prior January 1, 2015. N. Placed in Use. Improvements that are completed and Placed in Use and are not listed by NCAD as Construction Work in Progress (CWIP). O. Prior Industrial District Agreement. Industrial District Agreement by and between the CITY and the COMPANY that expired December 31, 2014. Article 2 Section 2.01 Term. The term of this Agreement shall be ten (10) years beginning January 1, 2015, and continuing until December 31, 2024, unless terminated as herein provided or extended for additional period or periods of time upon mutual consent of the COMPANY and the CITY as provided by the Local Government Code; provided however, if this Agreement is not extended, or replaced with a similar agreement that provides for an additional period or periods of time, on or before March 31 of the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of annexation shall be no earlier than midnight of December 31 of the final year of the term. Section 2.02 Extended Term. This Agreement may be extended for an additional period or periods only by written agreement between the CITY and the COMPANY. Article 3 Section 3.01 Payment in lieu of Ad Valorem Taxes. Each year during the term hereof, the COMPANY shall pay to the CITY: A. Land. An amount in lieu of tax on the Land (excluding Improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the Land which would otherwise be payable to CITY by COMPANY if the Land were situated within the CITY limits. B. Existing Improvements. An amount in lieu of tax on Existing Improvements (excluding personal property)located on the Land equal to sixty-two and one half percent(62.5%) of the amount of ad valorem taxes based upon the Market Value of the Existing Improvements which would otherwise be payable to the CITY by the COMPANY if said Existing Improvements were situated on land within the CITY limits. 5 C. Grandfathered Improvements. If prior to January 1, 2015, the COMPANY was progressing through the eight year phase in scale set forth in the Prior Industrial District Agreement, then the amount of in lieu of tax payments on Grandfathered Improvements (excluding personal property) shall be phased in as follows: Yr Placed Yr 1 of Yr 2 of Yr 3 of Yr 4 of Yr 5 of Yr 6 of Yr 7 of Yr 8 of Yr 9 of Yr 10 of in Use Contract Contract Contract Contract Contract Contract Contract Contract Contract Contract Prior to 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2007 2007 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2008 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2009 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2010 34% 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2011 26% 34% 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 2012 19% 26% 34% 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 2013 12% 19% 26% 34% 42% 50% 58% 62.5% 62.5% 62.5% 2014 6% 12% 19% 26% 34% 42% 50% 58% 62.5% 62.5% D. In-Progress Improvements. If prior to January 1, 2015, the COMPANY has In-Progress Improvements, the COMPANY may, at its option, choose to have the in lieu of tax payment for said In-Progress Improvements phased in as shown in Section 3.01 C above, or as in Section 3.01 E below. No later than January 1, 2015, COMPANY shall elect an option and must present the City with documentation of government permit or proof of Commencement of Construction. E. New Improvements. With respect to any New Improvements, the in lieu of tax payment shall be phased in as follows: for the first four years after the New Improvement is Placed in Use, the COMPANY shall pay no in lieu of tax payment to the City for said New Improvement. Commencing with the fifth calendar year after the New Improvement is Placed in Use, the in lieu of tax payment shall be equal to sixty two and one half percent (62.5%). The first year of use for purposes of this New Improvements payment shall be deemed to begin on the first day of January following the date when the New Improvements are Placed in Use. F. With respect to any new land acquired by the COMPANY located within an Industrial District, the use of which relates directly to the primary use of the parent tract, the new land shall be included in the COMPANY'S land known as the Land, and shall be considered in calculating the in lieu of tax payment on the Land as of January 1 of the first year following the date which the new land is acquired by the COMPANY. Within ninety (90) days after the acquisition of new land by the COMPANY, the COMPANY shall provide the CITY with a revised Exhibit A that includes a complete listing by NCAD Geographic ID number of the newly acquired land. 6 G. With respect to any new land acquired by the COMPANY after January 1, 2015, located within the Extra Territorial Jurisdiction of the CITY, the use of which does not relate to the primary use of the parent tract, the COMPANY shall report such purchase to the CITY and the CITY shall determine whether an Industrial District Agreement is desired for such newly acquired land. Section 3.02 Company Schedule of Value. On or before August 31 of each year of this Agreement, or upon final determination of Market Values by NCAD, whichever is later, the COMPANY shall provide to the CITY an itemized Schedule of Value by sworn affidavit, on the form attached hereto as Exhibit B, listing all NCAD Geographic ID numbers and the values related thereto, and showing all Land and Improvements, owned or controlled by the COMPANY including and identifying the property to be valued as part of this Agreement (the "Schedule"). The Schedule shall also list the year any Improvements were Placed in Use. The COMPANY has no objection to the CITY'S review of all forms, information, and documents provided by the COMPANY to NCAD and, in the event of appeal, the Appraisal Review Board. Failure to provide the Schedule to the CITY shall constitute a breach of this Agreement. Section 3.03 Determination of Value. In determining the COMPANY'S annual in lieu of tax payment required under this Agreement, the calculation shall be made utilizing the Market Value of all Land and Improvements as determined by NCAD, or its successor, under provisions of the Texas Property Tax Code. The COMPANY shall timely provide information and reports required under this Agreement and under Texas law, rules and regulations to NCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Section 3.04 Company Protest of Value or Billing. If the COMPANY elects to protest the valuation set on any of its properties by NCAD for any year or years during the term hereof, it is agreed that nothing in this Agreement shall preclude the protest, and the COMPANY shall have the right to take all legal steps desired to reduce the same as if the property were located within the CITY, except with regard to the exemptions in Section 3.06 below. The COMPANY shall notify the CITY of its appeal within 30 days after its protest of the valuation is submitted to NCAD. Notwithstanding any protest of valuation by the COMPANY or any non NCAD related billing dispute, the COMPANY agrees to pay to the CITY an initial in lieu of tax payment, on or before the Due Date in Section 3.07 below, based on the amount billed by the CITY. When the valuation on said property or any billing dispute has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days thereafter, the COMPANY shall make to the CITY any additional payment due based on the final determination. If, as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the amount of in lieu of tax payment due to the CITY is established to be an amount less than the amount of the initial in lieu of tax payment for that year paid by the COMPANY, the excess in lieu of tax payment, if any, collected by the CITY shall be returned to COMPANY within thirty 7 (30) days after said final determination. Any non NCAD related billing disputes shall be resolved by the CITY within ninety (90) days from the date notice of the dispute is received by the CITY. Section 3.05 Fire Protection. An additional amount for city fire protection equal to fifteen percent (15%) of the amount which would be payable on 100% of Market Value of Improvements located on the Land will be paid annually; provided, however, that if and as long as the COMPANY, as of January 1 of each year, is a member in good standing of the Refinery Terminal Fire Company, or its successor, or the COMPANY agrees to provide fire protection and emergency services either from a qualified external provider or by use of a qualified internal emergency response organization, it shall not be obligated to pay the additional amount provided by this Section 3.05. Minimum qualifications would include meeting certain standards as defined by applicable OSHA, state regulatory and NFPA Standards that apply to fire control, emergency management, disaster planning and rescue services as recognized by the Texas Industrial Fire Training Board, the State Fireman's and Fire Marshal's Association of Texas or equivalent. The COMPANY will provide equipment, training, and facilities necessary to safely handle all expected emergencies and properly protect the COMPANY and the community from the adverse effects of an industrial disaster, which obligation may be satisfied by the COMPANY being a member in good standing of the Refinery Terminal Fire Company, or its successor. (Calculation: Market Value of Improvements x 15%x City Tax Rate =Fire Protection Fee) Section 3.06 Calculation of Amount Due. The CITY shall mail an invoice to the COMPANY, which sets forth the amount of payment in lieu of tax owed to the City calculated in accordance with this Agreement. Such invoice shall be postmarked at least thirty (30) days prior to the Due Date defined in Section 3.07 below, and shall be mailed to the address shown in Section 10.03 of this Agreement. The calculation shall be made without reference to the exemption for pollution control property in Section 11.31, Texas Property Tax Code, and Article VIII, Section 1-1, Texas Constitution, as same presently exist or may be hereafter amended, using the Market Value of pollution control equipment certified by NCAD. In addition, all the amounts shall be calculated without reference to any new tax exemption or any increase in an existing tax exemption enacted after January 1, 1995. Section 3.07 Payment. The COMPANY agrees to pay to the CITY on or before January 31 of the year following each year during the term hereof(the "Due Date"), all payments in lieu of tax provided for hereunder and invoiced by the CITY in accordance with Section 3.06 above, without discount for early payment. The present ratio of ad valorem tax assessment used by the CITY is one hundred percent (100%) of the Market Value of property. Any change in the ratio used by the CITY shall be reflected in any subsequent computations hereunder. This Agreement, and the method of determining and fixing the amount of in lieu of tax payments hereunder, shall be subject to all provisions of law relating to determination of Market Value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal. Any invoiced amounts that are not paid by the Due Date shall be considered delinquent. Delinquent amounts shall be immediately subject to interest at twelve (12%) per annum, compounded monthly and the COMPANY shall reimburse the CITY for its costs of collections, including reasonable attorneys' fees. 8 Article 4 Section 4.01 Company Failure to Pay/Company Breach. If the COMPANY fails to make a payment due to the CITY hereunder or if the COMPANY fails to perform any other obligation incumbent upon the COMPANY to be performed hereunder, and if such default is not fully corrected within sixty (60) days after the CITY gives written notice of said default to the COMPANY (or, if within such 60 day period, the COMPANY has not demonstrated a satisfactory plan of compliance approved by the CITY (where compliance requires more than 60 days)), the City shall have the option to either (1) declare this Agreement terminated and immediately commence annexation proceedings and sue to recover all damages; (2) bill COMPANY and sue to recover 100% of all monies that the CITY would have received from the COMPANY if it had been within the CITY limits, which includes 100% of all taxes, attorneys' fees and court costs; or (3) continue this Agreement for its term and collect the payments required hereunder. Section 4.02 Lien. The CITY shall be entitled to and have a tax lien on the Land and Improvements which may, in the event of default in payment of any sum due hereunder that is not cured in accordance with Section 4.04 below, be enforced by CITY in the same manner as provided by law and for the collection of delinquent ad valorem taxes. Additionally, the CITY shall be entitled to and have a contractual lien on the Land and Improvements which may be foreclosed in the event of such uncured default (1)judicially or (2) extra judicially in the same manner as a deed of trust under Texas Property Code, and for that purpose may appoint a trustee or trustees. Section 4.03 City Breach. If the CITY breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the Land (except with reference to the agreed annexation corridor in Section 1.03), the COMPANY shall be entitled to enjoin the CITY from the date of its breach for the balance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement. If the COMPANY elects to pursue this remedy, then so long as the CITY specifically performs its obligations hereunder, under injunctive order or otherwise, the COMPANY shall continue to make the annual payments required by this Agreement. Section 4.04 Notice of Default. Notwithstanding anything to the contrary contained herein, in the event of any breach by the COMPANY of any of the terms or conditions of this Agreement, the CITY shall give the COMPANY written notice specifying the nature of the alleged default, and manner in which the alleged default may be satisfactorily cured. Thereafter, the COMPANY will be afforded sixty (60) days within which to cure the alleged default(or, if cure requires more than 60 days, the COMPANY shall have the right to demonstrate a satisfactory plan of cure approved by the CITY within such 60 days, which shall be deemed to be a cure so long as the COMPANY is diligently pursuing such plan). 9 Section 4.05 Cumulative Remedies. The remedies provided herein are cumulative, none is in lieu of any other, and any one or more or combination of the same is available. Each party, in addition to remedies expressly provided herein is entitled to any and all other remedies available at law or in equity. Section 4.06 No Waiver of Rights and Remedies. It is expressly understood that if at any time the COMPANY is in default in any provision of this Agreement, the failure on the part of the CITY to promptly avail itself of the rights and remedies that the CITY may have, will not be considered a waiver on the part of the CITY; provided that if the CITY within ten (10) years from the date of any default by the COMPANY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Further, is expressly understood that if at any time the CITY is in default in any provision of this Agreement, the failure on the part of the COMPANY to promptly avail itself of the rights and remedies that the COMPANY may have, will not be considered a waiver on the part of the COMPANY; provided that if the COMPANY within ten (10) years from the date of any default by the CITY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Section 4.07 Limitation of Liability. To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, in no event will either party be liable to the other party hereunder for punitive, exemplary, or indirect damages, lost profits or business interruptions damages; provided however, this limitation in not meant to limit the CITY'S rights under this Agreement to collect from the COMPANY any unpaid in lieu of tax payments, late penalties and interest associated therewith, and any costs of collection including but not limited to attorney fees. Article 5 Section 5.01 Description of Property. The COMPANY agrees to provide the CITY with a listing of Geographic ID numbers, as available from NCAD or its successor, to be attached hereto and incorporated herein as Exhibit A. With respect to COMPANY'S acquisition of new land, as described in Section 3.01 F, which becomes included in the Land, COMPANY agrees to provide to CITY a listing of Geographic ID numbers as available from NCAD or its successor. Article 6 Section 6.01 Annexation By Another Entity. If any attempt to annex any of the Land owned, used, occupied, leased, rented or possessed by COMPANY, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits the Land or property, the CITY shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of the COMPANY, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne 10 equally by the parties hereto; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. Section 6.02 Termination. If the CITY and the COMPANY are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation described in Section 6.01 above, the COMPANY shall have the option of(1) terminating this Agreement, effective as of the date of the annexation or incorporation, or (2) continuing to make the in lieu of tax payment required hereunder. This option shall be exercised within thirty (30) days after the application for the temporary injunction is denied. If the COMPANY elects to continue the in lieu of tax payment, the CITY shall place future payments hereunder together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by CITY subject to the following: A. If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, then all these payments and accrued interest thereon shall be refunded to the COMPANY; or B. If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation, then all the payments and accrued interest thereon shall be retained for use by the CITY. Article 7 Section 7.01 Sale or Lease. Whenever the COMPANY sells all or a portion of the Land or Improvements to any entity that is not an affiliate of the Company, unless such affiliate will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said sale, and this Agreement shall continue in effect as to all Land and Improvements sold. If COMPANY sells only a portion of the Land or Improvements, the COMPANY shall furnish to the CITY a revised Exhibit A effective for the calendar year next following the calendar year in which the conveyance occurred. If the COMPANY leases all or a portion of the Land or Improvements to an entity that will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said lease, and this Agreement shall continue in effect as to all Land and Improvements leased. Section 7.02 Company's Responsibility for Payment. The COMPANY as seller or lessor in a transaction pursuant to Section 7.01 above, shall remain solely responsible for any payment in lieu of tax attributable to the Land or Improvements sold or leased unless the COMPANY has entered into an assignment and assumption agreement with the buyer or lessee of such Land or Improvements, which shall be consented to by the CITY, in which the buyer or lessee assumes all responsibilities and obligations under this Agreement as to the purchased or leased Land and/or Improvements. Section 7.03 Assignment. This Agreement may be assigned by the COMPANY. If this Agreement is assigned, the COMPANY shall notify the CITY of such assignment within thirty (30) days. 11 Article 8 Section 8.01 Inurement. This Agreement shall inure to the benefit of and be binding upon the CITY and the COMPANY, and shall inure to the benefit of and be binding upon the COMPANY'S successors and assigns, affiliates and subsidiaries, and, subject to Section 7.02, shall remain in force whether the COMPANY sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of the Land, and the agreements herein contained shall be held to be covenants running with the Land for so long as this Agreement or any extension thereof remains in force. The word "affiliates" as used herein shall mean: (1) all companies with respect to which the COMPANY directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent (50%) or more of the stock having the right to vote for the election of directors; or (2) all corporations (or other entities) controlled by or under common control with the Company as contemplated by Section 1239(c) of the Internal Revenue Code of 1954, as amended. Article 9 Section 9.01 Buy Local. COMPANY shall use reasonable efforts to acquire all of its procurements, including, but not limited to, supplies, materials, equipment, service contracts, construction contracts, and professional services contracts from businesses located within Nueces and San Patricio Counties, unless such procurements are not reasonably and competitively available within said area. COMPANY shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. Section 9.02 Water Procurement. COMPANY acknowledges that the CITY provides a regional water system that is critical to the well-being and economic growth of the entire area and that it is important for each customer to continue to use the system as its principal source of water. COMPANY agrees to provide six months written notice of any intent or action to obtain more than ten percent(10%) of its total water needs from any source other than the CITY. Article 10 Section 10.01 Severability. In the event any word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. Section 10.02 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any and all prior understandings, or oral or written agreements, between the parties respecting such subject matter, except as otherwise provided in the instruments referenced herein. This Agreement may be amended only by written instrument signed by all of the parties hereto. 12 Section 10.03 Notices. Any notice to the COMPANY or the CITY concerning the matters to which this Agreement relates may be given in writing by registered or certified mail addressed to the COMPANY or the CITY at the appropriate respective addresses set forth below. The COMPANY must notify the CITY of any change of address in writing. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City: Mr. Ronald L. Olson City Manager City of Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-880-3220 Fax: 361-880-3839 With copies to: City of Corpus Christi-City Secretary 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Telephone: 361-880-3105 Fax: 361-880-3113 City of Corpus Christi-City Attorney 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Telephone: 361-880-3361 Fax: 361-880-3239 If to Company: with copy to: Section 10.04 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement is to be performed in Nueces County, Texas. Section 10.05 Counterparts. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart. Section 10.06 Authority. By acceptance of this Agreement and/or benefits conferred hereunder, each party represents and warrants to the other that its undersigned agents have complete and 13 unrestricted authority to enter into this Agreement and to obligate and bind such party to all of the terms, covenants and conditions contained herein. Section 10.07 Most Favored Nations. If CITY enters into a new Industrial District Agreement, or a renewal of any Industrial District Agreement, with a landowner which contains in lieu of tax payment terms and provisions more favorable to the landowner than those in this Agreement, COMPANY and its assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain the more favorable in lieu of tax payment terms and provisions. "Landowner" shall not include any tourist-related business or facilities under Section 42.044, Texas Local Government Code. The foregoing does not preclude the CITY from entering into a onetime, economic development agreement with any new major employer within the City's non-industrial district ETJ, or with any company proposing a major new investment within the City's non-industrial district ETJ, as part of the CITY'S economic development program. 14 EXHIBIT A Geographic ID Number Designated By Nueces County Appraisal District 15 EXHIBIT B Schedule of Value 16 EXHIBIT C City Ordinance Creating Industrial Districts 17 AN ORDINANCE AUTHORIZING THE REESTABLISHMENT OF LAND AREAS LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS AS INDUSTRIAL DISTRICTS; RESERVING AND PRESERVING ALL RIGHTS,POWERS AND DUTIES OF THE CITY COUNCIL; AUTHORIZING THE CITY MANAGER,OR DESIGNEE,TO EXECUTE INDUSTRIAL DISTRICT AGREEMENTS BY AND BETWEEN THE CITY AND VARIOUS PROPERTY OWNERS LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY WHEREAS, under Texas Local Government Code Chapter 42, Subchapter 42.044, the Governing body of any city has the right, power and authority to designate any part of the area located in its extraterritorial jurisdiction as an Industrial District, and to treat such area from time to time as such governing body may deem to be in the best interest of the City;and WHEREAS, included in such rights and powers of the governing body of any city is the permissive right and power to enter into written agreements with the owner or owners of land in the extraterritorial jurisdiction of a city to guarantee the continuation of the extraterritorial status of such land, and immunity from annexation by the city for a period of time, and other such terms and considerations as the parties might deem appropriate; and WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas (the "City"), to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein as being in the best interest of the City and its citizens; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the City of Corpus Christi has enacted Ordinance No. 15898, approved November 26, 1980, as amended, indicating its willingness to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No.2; and WHEREAS, in order to correct certain boundary issues, the City Council desires to reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1"and"Industrial District No.2";and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1.The findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. Industrial District 1 and Industrial District 2 are herby established as described in Exhibit A attached hereto and incorporated herein. SECTION 3. The City may create new Industrial Districts, and expand or diminish the size of any Industrial District and the City hereby reserves all rights and powers it may have or acquire to revoke in whole or in part the creation of all or any part of an Industrial District, except to the extent that it has agreed not to do so in any industrial district agreement. SECTION 4. The City Council approves and authorizes the entering of contractual obligations with property owners in within the extraterritorial jurisdiction of the City in substantially the form as shown in the document which is attached hereto and incorporated herein as Exhibit B. The City Manager, or his designee, is hereby authorized to execute such documents and all related documents on behalf of the City of Corpus Christi. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2013,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 2013,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 EXHIBIT A Boundaries of Industrial District 1 and Industrial District 2 Corpus Christi Industrial District No. 1 Approximately 9,775 Acres within Nueces County,Texas,outside the city limits of the City of Corpus Christi and generally bounded on the southwest by the northeast right-of-way of Interstate Highway No. 37,on the north by the south shoreline of the Nueces River and Nueces Bay,on the West by the East right-of-way of Carbon Plant Road(Joe Fulton Corridor)from Interstate Highway No.37 to McKinzie Lane and the north right-of-way of Mckinzie Lane from the east right-of-way of Carbon Plant Road to the east property line of the City's Allison Wastewater Treatment Plant and along the east property line of the City's Allison Wastewater plant from McKinzie Lane to the Nueces River. 1) BEGINNING at the northeast corner of Tract"B",Nueces View Tracts as recorded in Volume 28, Page 64 of the Map Records of Nueces County,TX,same being the northeast corner of the City's Allison Wastewater Treatment Plant; 2) THENCE in an easterly direction with the meanders of the south shoreline of the Nueces River and Nueces Bay to the northwest comer of Block 1,Lot 150 of the Porto Bello Subdivision as recorded in Volume 47,Pages 144-145 of the Map Records of Nueces County,Texas; 3) THENCE southwesterly along the westerly boundary line of the Porto Bello Subdivision to the southwesterly comer of Lot 1,Block 1; 4) THENCE southeasterly along the southerly boundary line of said Lot 1 to the current City Limits of the City of Corpus Christi; S) THENCE southwesterly along said City Limit line to a point where the centerline of Avenue"F" intersects the northerly right-of-way line of Burleson Street; 6) THENCE northwesterly along the north right-of-way of Burleson Street to the southwesterly boundary line of Lot 1,Block 174 of the Brooklyn Addition as recorded in Volume A,Page 32 of the Map Records of Nueces County,Texas; 7) THENCE northeasterly through said Block 174 to the northwesterly comer of Lot 11: B) THENCE southeasterly along the northeasterly boundary line of said Lot 11 to the northeasterly corner thereof; 9) THENCE northeasterly along the northwesterly right-of-way line of Avenue"H"to a point on the northerly boundary line of a 6.19 Acre Tract of land known as Tract"A"of the Brooklyn Acreage; 10) THENCE northwesterly along the northeasterly boundary of said Tract"A"to the northwesterly corner thereof; 11)THENCE southwesterly along the westerly boundary of said Tract"A"and the continuation thereof to the southerly right-of-way of Burleson Street; 12) THENCE southeasterly along the southerly right-of-way of Burleson Street to the centerline of Avenue"F"; 13) THENCE southwesterly along the centerline of said Avenue"F"and the extension thereof to a point on the original City Limit line as surveyed by C.F.H.Von Blucher in August,1883; 14)THENCE westerly along said original City Limit line to the northwest corner thereof, 1S)THENCE southerly continuing along said original City Limit line to the north corner of a 13.602 acre tract annexed by City Ordinance 11022441; 16)THENCE around said 13.602 acre tract: 531°41'45"W a distance of 1257.54'to a point on the northwesterly right-of-way line of the Missouri Pacific railroad; 561°27'47"E along said right-of-way a distance of 290.36' 561°23'34"E continuing along said right-of-way a distance of 175.07' 531 015'00"W crossing said right-of-way a distance of 130.06'to a point; 561°23'3("E a distance of 87.35'to a point; 531°41'45"W a distance of 159.95'to a point; 558 018'15"E a distance of 416.24'to a point on said original City Limits; 17)THENCE southerly continuing along said original City limit line to the north corner of a 0.0018 acre tract annexed by City Ordinance#022441; 18)THENCE around said 0.0018 acre tract: S27134'3(Y'W a distance of 16.58'to a point; 558°18'14"E a distance of 9.37'to a point on said original City Limits; 19)THENCE southerly continuing along said original City Limit line to a point on the northwesterly right-of-way line of Nueces Bay Boulevard; 20)THENCE southwesterly along the northwesterly right-of-way line of Nueces Bay Boulevard to the easterly corner of Tract 1,Pontiac Tracts as recorded in Volume S7 Page 64 of the Map Records of Nueces County,Texas; 21)THENCE around said Tract 1: N55 055'12"W a distance of 300.09'to a point at the northerly comer thereof; 531015'00"W a distance of 171.81'to an angle point therein; 534°59'12"W a distance of 98.43'to a point at the westerly corner thereof,being on the northeasterly boundary line of the Baymoor Addition as recorded in Volume 4,Page 42 of the Map Records of Nueces County,Texas; 22)THENCE northwest along the northeasterly boundary line of said Baymoor Addition to the northwest corner of lot 205,same point being a northerly comer of Tract"H"of the Pontiac Tracts as recorded in Volume 55,Page 135 of the Map Records of Nueces County,Texas; 23)THENCE 522 042'30"W along said Tract"H"a distance of 31.49'to an angle point therein; 24)THENCE northwesterly crossing Buddy Lawrence Drive and Oak Park Avenue to a point on the northeasterly boundary line of Lot 7,Block 2 of Oak Lawn Addition as recorded in Volume 5, Page 27 of the Map Records of Nueces County,Texas,same point being at the southeast terminus of Naokes Street as shown on Plat of Harbor View Estates recorded in Volume 5,Page 4B of the Map Records of Nueces County,Texas; 25) THENCE northeasterly along the easterly boundary line of said Harbor View Estates to the northeasterly corner thereof; 26)THENCE northwesterly along the northerly boundary line of said Harbor View Estates and the extension thereof,partially along the centerline of Gibson Street,to a point on the west right-of- way line of Poth Lane; 27)THENCE northeasterly along the west right-of--way line of Poth Lane to the northeasterly corner of land of Magellan Terminal Holdings,LP as described in Documents#2004020907 and #1999033783 of the Official Public Records of Nueces County,Texas; 28)THENCE northwesterly along the northeasterly boundary line of said Magellan Terminal Holdings LP to a point on the southerly right-of-way line of the Missouri Pacific Railroad; 29)THENCE southwesterly along said southerly right-of-way line to the northwesterly boundary line of said Magellan Terminal Holdings,LP to a point; 30)THENCE southwesterly along the westerly boundary line of said Magellan Terminal Holdings,LP to a point where the northwesterly boundary line of Country Club Place as recorded in Volume 4,Page 3 of the Map Records of Nueces County,Texas,meets the northerly right-of-way line of Interstate Highway 37; 31)THENCE northwesterly along said northerly right-of-way to Its intersection with the northeasterly right-of-way line of Up River Road(Shell Road); 32)THENCE northwesterly along said northeasterly right-of-way of Up River Road to the southeasterly comer of Lot 3,Navigation Heights Annex#3 as recorded in Volume 40,Page 119 of the Map Records of Nueces County,Texas; 33)THENCE around said Lot 3: N36 017'2("E a distance of 177.95'to a point at the northeasterly corner thereof; N53038'3D"W a distance of 186.97'to the northwesterly corner thereof; 518°33'30"W a distance of 176.57'to the northeasterly right-of-way of Up River Road; 34)THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the easterly right-of-way line of Cantwell Lane; 35)THENCE northeasterly along said easterly right-of-way to its intersection with the extension of the northerly boundary line of a 3.37 Acre tract of land out of Share 3A of the Kaler Tract"D" (unrecorded plat) 36)THENCE northwesterly across said right-of-way and along the northerly boundary line of said 3.37 Acre Tract(tax 103875-0003-0140)to the northwesterly corner thereof; 37)THENCE southwesterly along the westerly boundary line of said 3.37 Acre Tract and of Share 2A, F.H.Kaler Partition as shown on plat thereof recorded in Volume 9,Page 58 of the Map Records of Nueces County,Texas,to a point on the northeasterly right-of-way line of Up River Road; 38)THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the easterly extension of a right-of-way to a 1 Acre tract of land out of lot 1,Block 1,Coastal Javelina Addition as recorded in Volume 54,Page S6 of the Map Records of Nueces County, Texas,said 1 Acre tract described by metes and bounds in City Ordinance#028451; 39)THENCE southwesterly across said Up River Road and along said easterly right-of-way line to the north boundary line of said 1 Acre tract(not platted,see tax ID 1661-0001-0012 and Document #2013013372 of the Official Public Records of Nueces County,Texas); 40) THENCE easterly,southerly,westerly,and northerly around said 1 Acre tract to the southerly right-of-way serving said tract; 41)THENCE westerly along said southerly right-of-way line to the west boundary line of said Lot 1, Block 1; 42)THENCE northeasterly along said west boundary line of said Lot 1,Block 1 and the extension thereof to a point on the northeasterly right-of-way line of Up River Road; 43)THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the westerly extension of the right-of-way line of County Road 52A; 44)THENCE southwesterly across said Up River Road and along said westerly right-of--way line of County Road S2A to its terminus; 45)THENCE southeasterly along said right-of-way and along the southerly boundary of a 13.28 Acre tract out of the Ohler Tract of the Dunn Tract and described in Document#2004014391 of the Official Public Records of Nueces County,Texas,to a point on the northwesterly boundary line of Block 8,Academy Heights Unit 1 as recorded In Volume 26,Page 85 of the Map Records of Nueces County,Texas; 46)THENCE southwesterly along said northwesterly boundary line of Academy Heights Unit 1 and along the northwesterly boundary line of Academy Heights Unit 2 as recorded in Volume 42, Page 188 of the Map records of Nueces County,Texas to a point an the northerly right-of-way Tine of Interstate Highway 37; 47)THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southeasterly boundary line of Lot 1,Block 3 of the Interstate Industrial Complex as recorded in Volume 32, Page 36 of the Map Recoded of Nueces County,Texas; 48)THENCE around said Lot 1: N00°39'47"E a distance of 300.00'to a point at the northeasterly corner thereof; N80 051'25"W a distance of 519.65'to the northwesterly comer thereof; 500°44'41"W along the east right-of-way of Corn Products Road a distance of 200.00'to the northerly right-of-way of Interstate Highway 37; 49) THENCE northwesterly crossing said Corn Products Road and continuing along said right-of-way line of Interstate Highway 37 to the southwesterly boundary line of lot 15,Block 1 of the Interstate Industrial Complex Unit 1 as recorded in Volume 34,Page 24 of the Map Recoded of Nueces County,Texas; SO)THENCE northwesterly along the east right-of-way line of Complex Boulevard to the southwesterly boundary line of Lot 16,Block 1 of said Interstate Industrial Complex; 51)THENCE northeasterly along the southeasterly boundary Tine of said Lot 16 to the southeast comer thereof; 52)THENCE northerly along the easterly boundary line of said Block 1 to the midpoint of Lot 19; 53)THENCE westerly along said midpoint of Lot 19 and extending across Complex Boulevard to a point on the west right-of-way thereof; 54)THENCE southerly along the west right-of-way of Complex Boulevard to a point on the northerly right-of-way of Interstate Highway 37; 55)THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the easterly right-of-way of Southern Minerals Road; 56)THENCE northerly along the east right-of-way line of Southern Minerals Road to the southerly right-of-way line of Up River Road; 57)THENCE southeasterly along the south right-of-way line of Up River Road to the northwesterly comer of Lot 1,Block 1 of the Missouri Pacific Industrial Area as Recorded in Volume 52,Page 83 of the Map Records of Nueces County,Texas; 58)THENCE around said lot 1: 50f26'W a distance of 437.96'to a point at the southwesterly corner thereof; 554 044'45"E a distance of 172.72'to the southeasterly comer thereof; N01026'W a distance of 507.96'to a point on the south right-of-way line of Up River Road; 59)THENCE southeasterly along the south right-of-way line of Up River Road to the northwesterly corner of a 3.75 Acre tract of land described in Document#200100777 of the Official Public Records of Nueces County,Texas; 60)THENCE around said tract southerly,southeasterly,and northerly,crossing Up River Road to a point on the north right-of-way thereof; 61)THENCE northwesterly along the north right-of-way line of Up River Road to its intersection of the west right-of-way line of Southern Minerals Road; 62)THENCE southerly along the west right-of-way of Southern Minerals Road to a point on the northerly right-of-way of Interstate Highway 37; 63) THENCE northwesterly along said right-of-way line of interstate Highway 37 to the southerly comer of lot 7,Block 1,Goldston Addition as Recorded in Volume 55,Page 87 of the Map Records of Nueces County,Texas; 64)THENCE around said Lot 7 northerly,westerly,and southerly to a point on the north right-af- way line of Interstate Highway 37; 65)THENCE northwesterly along said right-of-way line of interstate Highway 37 to the easterly right-of-way line of Hunter Road; 66)THENCE northerly along the east right-of-way line of Hunter Road to the southwesterly corner of a tract of land described in Document#2012022560 of the Official Public Records of Nueces County,Texas(Tax ID 0272-0100-0300); 67) THENCE easterly along the south boundary line of said tract to the southeast comer thereof, 68)THENCE northerly along the east boundary line of said tract and along the east boundary line of a tract of land described in Document#2012022560 of the Official Public Records of Nueces County,Texas(Tax ID 0272-0100.0200); 69)THENCE northwesterly and westerly along the north boundary line of said tract to the east right- of-way line of Hunter Road; 70)THENCE northerly along the east right-of-way line of Hunter Road to its intersection with the south right-of-way line of Up River Road; 71)THENCE southeasterly along the south right-of-way line of Up River Road to the northwest comer of Lot 3,P.V.Alexander as shown on Volume 34,Page 18 of the Map Records of Nueces County,Texas; 72)THENCE southwesterly along the west boundary line of said Lot 3 to the southwest corner thereof; 73)THENCE southeasterly along the southwest boundary line of said tract and along the southwest boundary line of a tract of land described in Document#2012022560 of the Official Public Records of Nueces County,Texas(Tax ID 0272-0100-0000); 74)THENCE easterly along the southerly boundary line of boundary line of a tract of land described in Document 112012022560 of the Official Public Records of Nueces County,Texas(Tax ID 0272- 0100-0400); 75)THENCE northerly along the east boundary line of said tract and crossing Up River Road to a point on the north right-of-way thereof, 76)THENCE northwesterly along the north right-of-way line of Up River Road to its intersection of the west right-of-way line of Hunter Road; 77)THENCE southerly crossing Up River Road and along the west right-of-way line of Hunter Road to Its intersection with the north right-of-way line of Interstate Highway 37; 78)THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southeast corner of Lot 1,Block 1,Hunter Industrial Park as recorded in Volume 43,Page 128 of the Map Records of Nueces County,Texas; 79)THENCE northerly along the east boundary line of said Lot 1 to its intersection with the south right-of-way line of Up River Road; 80)THENCE northwesterly along the south right-of-way line of Up River Road to its intersection of the west right-of-way line of Suntide Road; 81)THENCE northwesterly crossing Up River Road to the intersection of the west right-of-way line of Suntide Road meets the north right-of-way of Up River Road; 82)THENCE southeasterly crossing Suntide Road to the intersection of the east right-of-way line of Suntide Road meets the north right-of-way of Up River Road; 83)THENCE northerly along the east right-of-way line of Suntide Road to the southwest comer of an unplatted tract of land described in Document#946716 of the Official Public Records of Nueces County,Texas(Tax ID 0267-0002-0000); 84)THENCE around said tract easterly,northerly,and westerly crossing Suntide road to a point on the west right-of-way line thereof, 85)THENCE southerly along the west right-of-way line of Suntide Road to the northeast corner of West End Heights as recorded in Volume 15,Page 4 of the Map Records of Nueces County, Texas; 86)THENCE around said West End Heights: 589035'W a distance of 574.53'to a point at the northwest comer thereof, 500°2S'E a distance of 927.92'to the southwest comer thereof,being on the northeast right-of- way of Up River Road; 87) THENCE southeasterly along the northeast right-of-way line of Up River Road to the extension of the easterly boundary line of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 7946-0000-3715); 88)THENCE southerly,crossing said Up River Road,and along the east boundary line of said unplatted tract to the southeast corner thereoF, 89)THENCE northwesterly along the southwest boundary line of said unplatted tract and of an unplatted tract of land described in Document#978850 of the Official Public Records of Nueces County,Texas(Tax ID 7946-0000-3710)to the southwest corner thereof; 90)THENCE northerly along the west boundary line of said tract and the east boundary line of Tuloso Road Subdivision as recorded in Volume 13,Page 23 of the Map Records of Nueces County,Texas to the northeasterly corner thereof; 911 THENCE northeasterly crossing Up River road to the southeasterly corner of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces County, Texas(Tax ID 0265-0040-0100)to the southeast corner thereof; 92)THENCE northwesterly along the northeasterly right-of-way of Up River Road to its intersection with the northerly extension of the westerly right-of-way of Tulosa Road; 931 THENCE southwesterly crossing Up River road to the northeasterly corner of Lot 1,Block 1, Covington industrial Tracts recorded in Volume 46,Page 11 of the Map Records of Nueces County,Texas; 94)THENCE around said Covington Industrial Tract: 500 003'14"W along the westerly right-of-way line ofTuloso Road a distance of 487.74'to a point at the southeasterly corner thereof; N66008'W a distance of 363.81'to the southwesterly corner thereof, N00°03'14"E a distance of 505.18'to a point on the southeasterly right-of-way of Up River Road; 951 THENCE northwesterly along the southeast right-of-way line of Up River Road to the northeasterly comer of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 7946-0000-3920); 961 THENCE southerly along the easterly boundary line of said unplatted tract to the southeast corner thereof; 97)THENCE northwesterly along the southwest boundary line of said unplatted tract and of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 7946-0000-0410)to the southwest comer thereof; 981 THENCE southerly along the easterly boundary line of an unplatted tract of land described in Document#2004031460 of the Official Public Records of Nueces County,Texas(Tax ID 7946- 0000-3641)to the southeast comer thereof; 991 THENCE northwesterly along the northeasterly right-of-way of Interstate Highway 37 and the southwest boundary line of said unplatted tract to the southwesterly corner thereof; 100) THENCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of land described in Document#2004031460 of the Official Public Records of Nueces County,Texas(Tax ID 7946-0000-4030)to the northwest comer thereof; 101) THENCE northwesterly along the southeast right-of-way line of Up River Road to the northeasterly corner of an unplatted tract of land described in Document#2007056023 of the Official Public Records of Nueces County,Texas(Tax ID 7946-0000-3505); 3102) THENCE southerly along the easterly boundary line of said unplatted tract to the southeast comer thereof; 103) THENCE northwesterly along the northeasterly right-of-way of interstate Highway 37 and the southwest boundary line of said unplatted tract and of an unplatted tract of land described in Document#2007056023 of the Official Public Records of Nueces County,Texas(Tax ID 7946-0000-3510)and of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 8057-0000-0011)to the southwest corner thereof; 104) THENCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 80S7-0000-0100)and of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 8057- 0000-0010)to the northwest corner thereof; IDS) THENCE northeasterly crossing Up River Road to a point on the westerly right-of-way line of Renfrow Lane; 106) THENCE northeasterly along the westerly right-of-way line of said Renfrow Lane to its Intersection with northeasterly corner of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 0271-0042-0000); 107) THENCE westerly,southwesterly,northwesterly,and southwesterly to a point on the northeast right-of-way of Up River Road; 108) THENCE northwesterly along the northeast right-of-way line of Up River Road to the southeasterly comer of Lot 1,Block 1,Tecolote Tract as recorded in Volume 55,Page 100 of the Map Records of Nueces County,Texas; 109) THENCE northerly along the east boundary line of said Lot 1 to the southwesterly corner of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 0266-0140-0100); 110) THENCE easterly,northeasterly,westerly and southerly to the northeast corner of said Tecolote Tract; 111) THENCE northwesterly along the northerly boundary line of said Tecolote Tract and an unplatted tract of land described In Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 0266-0010.0305)to the northwest corner thereof; 112) THENCE southerly along the westerly boundary line of said unplatted lot to a point on the northeast right-of-way of Up River Road; 113) THENCE northwesterly along the northeast right-of-way line of Up River Road to its intersection with the westerly right-of-way line of Hearns Ferry Road; 114) THENCE northwesterly along the southwest right-of-way line of Hearns Ferry Road to the northeast corner of Lot 7,Awkerman Garden Lots as recorded in Volume 4,Page 38 of the Map Records of Nueces County,Texas; 115) THENCE southerly along the easterly boundary line of said Lot 7 to a point on the northeast right-of-way line of Up River Road; 116) THENCE northwesterly along the northeast right-of-way line of Up River Road to the southwesterly corner of Lot 6 of said Awkerman Garden Lots; 117) THENCE northerly along the westerly boundary line of said Lot 6 to a point on the southwest right-of-way line of Hearns Ferry Road; 118) THENCE northwesterly along the southwest right-of-way line of Hearns Ferry Road to the northerly boundary line of the said Awkerman Garden Lots; 119) THENCE westerly along the north boundary line of the said Awkerman Garden Lots and the extension thereof to a point on the northeasterly right-of-way line of Up River Road where it meets Interstate Highway 37; 120) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to the southeasterly boundary line of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 0268 0.0500); 121) THENCE around said unplatted tract northerly,northwesterly,southwesterly,and southerly to a point on the northeasterly right-of-way of Interstate Highway 37; 122) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to the southeasterly boundary line of an unplatted tract of land described In Document #2008047494 of the Official Public Records of Nueces County,Texas(Tax ID 0268-0060-0003); 123) THENCE around said unplatted tract northeasterly,westerly,southwesterly,and southeasterly to a point on the northeasterly right-of-way of Interstate Highway 37; 124) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to its Intersection with the easterly right-of-way line of Carbon Plant Road(Joe Fulton Corridor); M) THENCE northeasterly along the southeast right-of-way line of Carbon Plant Road(Joe Fulton Corridor)to its intersection with the northerly right-of-way line of Mckinzie Lane; 126) THENCE northwesterly along the northeast right-of-way line of Mckinzie Lane to its intersection with the southeasterly comer of the Allison Wastewater Treatment Plant; 127) THENCE northerly along the easterly property line of the Allison Wastewater Treatment Plant to the south shoreline of the Nueces River and Point of Beginning and containing 9,775 Acres more of less; Together with 3 Island parcels described as follows: Area 1: 2.73 acres out of Lot 2,Block 1,Stateway Subdivision as recorded in Volume 38,Page 80 of the Map Records of Nueces County,Texas. Said 2.73 Acres being further described in Document#2011026606 of the Official Public Records of Nueces County,Texas. Area 2: Beginning at the southeast corner of Lot 1,Block 1,Stateway Subdivision as recorded in Volume 38, Page 12 of the Map Records of Nueces County,Texas; THENCE North 499.57'along the easterly boundary of said Lot 1 to the northeast corner thereof; THENCE southeasterly along the southwest right-of-way line of Up River Road to the westerly right-of- way line of Clarkwood Road; THENCE southwesterly along the west right-of-way line of Clarkwood Road to the northerly right-of-way line of Interstate Highway 37; THENCE northwesterly along the northeasterly right-of-way line of Interstate Highway 37 to the Point of Beginning; Area 3: Lot 1,Block 1,Meaney industrial Tracts as recorded in Volume 46,Page 180 of the Map Records of Nueces County,Texas; This document was prepared under 22 TAC§663.21,does not reflect the results of an on the ground survey,and Is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. to STe,,% --1 � 'OR o J-' ......... Russell D.Ochs -RUSSELL D. 0 R.P.L 5.#5241 • ®524` y.;.'n�. r �L®5L1QVy', N a W � E6 on � v> pQ c na Li i w c o ® C u ti SH V4 w ' U A tw�sorewen�s��ace•e Masoarowwxeawia�uu�a ' t S N� 1 tEi� l iz : -it xAl A'K, lk all Corpus Christi Industrial District No.2 Approximately 4,157 acres of land within Nueces County,Texas,outside the city limits of the City of Corpus Christi and generally bounded on the south by the existing north right-of-way line of State Highway No.44;on the west by the east right-of-way of Farm to Market Road 1694(Callicoatte Road),from State Highway No.44 to Swetlick Road(County Road 44);on the north by the south right-of-way Swetlick Road,from Farm to Market Road 1694 to Farm to Market Road 24(Violet Road)and on the east right-of-way line of Farm to Market Road 24,from Swetlick Road to the north property line of Equistar Chemicals LP,extended westerly to Farm to Market Road 24;on the north by the north property line of Equistar Chemicals LP extended from Farm to Market Road 24 to and along the north property line of Equistar Chemicals LP and extended easterly to the present city limit line and on the east by the present city limit line and the easterly right-of-way line of Rand Morgan Road and being more fully described as follows: Beginning at the intersection of the existing north right-of-way line of State Highway 44 with the existing east right-of-way line of Farm to Market Road No.1694(Callicoatte Road)for the southwest comer of a 15 acre tract out Lot 4 of the W.B.Baker Subdivision of the Cody Partition(Volume 2,Page 16,Map Records of Nueces County, Texas),described in Document No.2007036659 of the Official Public Records of Nueces County,Texas(Tax!O 0376-0000.0400)and for the southwest corner of this District; THENCE,in a northerly direction,with the east right-of-way of Farm to Market Road No.1694 (Callicoatte Road), approximately 8,785 feet to the intersection of said east right-of-way line of Farm to Market Road No.1694 (Cailicoatte Road)with the south right-of-way line of Swetlick Road(County Road No.44),for the northwest comer of a 4.88 acre tract out of Lot 25 of the W.B.Baker Subdivision of the Cody Partition(Volume 2,Page 16, Map Records of Nueces County,Texas),described in Document No.2012000442 of the Official Public Records of Nueces County,Texas(Tax ID 0376-0000-2508)and for the northwest corner of this District; THENCE,in an easterly direction,with the south right-of-way line of Swetlick Road(County Road No.44),at approximately 5,144 feet pass the northeast corner of a 153.4117 acre tract out of lots 22 thru 25 of the W.B. Baker Subdivision of the Cody Partition(Volume 2,Page 16,Map Records of Nueces County,Texas),described in Document No.20010158-/41/of the Official Public Records of Nueces County,Texas(Tax ID 0376-0000-2210)and the westerly right-of-way of said Farm to Market Road No.24(Violet Road)and continuing in an easterly direction to the east right-of-way of said Farm to Market Road No.24(Violet Road)for an interior comer of this District; THENCE,in a northerly direction,with the east right-of-way of said Farm to Market Road No.24(Violet Road), same being the west boundary of the Equistar Chemicals,LP 131.49 acre tract,being out of Assessors Map 139, described in Document No.2005033213,Official Public Records of Nueces County,Texas(Tax ID 0270-0040- 0000),a distance of approximately 2265.0 feet for the northwest corner of said Equistar Chemicals,LP 131.49 acre tract and for comer of this District, THENCE,in an easterly direction,with the north boundary of said Equistar Chemicals,LP 131.49 acre tract and the north boundary of the Equistar Chemicals,LP 333.74 acre tract,being out of Assessors Map 145 and out of Tract 12,Survey 412 of the Charles Land,Abstract 854,said 333.74 acre tract described in Document No.19980376- /30/,Official Public Records of Nueces County,Texas(Tax ID 0276-0120-M),a distance of approximately 6,050 feet to the intersection of the north boundary line of said 333.74 acre with the City of Corpus Christi city limits line,for the northeast comer of this District; THENCE,in a southeasterly direction,with the above-mentioned City of Corpus Christi city limits line,at approximately 4,840 feet pass the approximate center of McKinzie Road and continuing in a southeasterly direction,with the above-mentioned City of Corpus Christi city limits line,a total distance of approximately 15,290 feet to the intersection of said city limits line with the existing west right-of-way of Rand Morgan Road,same being the east boundary of a 187.47 acre tract out of Lots 1 thru 4,Block 403 of the Rowena Shaefer Land (Volume 3,Page 17,Map Records of Nueces County,Texas),described in Document No.2008044422,Official Public Records of Nueces County,Texas(Tax ID 7911 210'and for a comer of this District; THENCE,in a southerly direction,with the existing west boundary of said Rand Morgan Road,same being the east boundary of said 187.47 acre tract,a distance of approximately 645 feet to the intersection of said west boundary of Rand Morgan Road with the existing north right-of-way line of State Highway 44 for the southeast comer of said187.47 acre tract and for the southeast comer of this District; THENCE,in a westerly direction,with the existing north boundary of State Highway 44,at approximately 7,900 feet pass the approximate center of McKinzie Road,at approximately 18,100 feet pass the approximate center of Farm to Market Road 24(Violet Road',in all a total approximate distance of 73,208 feet to the Point of Beginning and containing approximately 4,157 acres of land. This document was prepared under 22 TAC§663.21,does not reflect the results of an on the ground survey,and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. a,a D 0,L �P�G®T�RF'�.q Russell D.Ochs R.P.L.5.#S242 C ®9a 5241 �af`.'•Q` 9�®SIiRV�yO rr^^ o E h �w mot;, r va ,a U a� u 0 Q tV O Zl r f„ v s 2� r t y. N a 1!fNl¢M. EXHIBIT B Industrial District Agreement INDUSTRIAL DISTRICT AGREEMENT N . THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § This Industrial District Agreement ("Agreement") made and entered into under the authority of Section 42.044 of the Local Government Code, by and between the CITY OF CORPUS CHRISTI, TEXAS, a Texas home-rule municipal corporation of Nueces County, Texas, hereinafter called the"CITY",and [Name of landowner], a[State][type of entity], Landowner, and [name of lessee&improvements owner], a [state][type of entity], Lessee and Improvements Owner,hereinafter collectively called the"COMPANY". WI TNESSETH: WHEREAS,it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the CITY and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the CITY and its citizens; and WHEREAS, the COMPANY is the owner and/or lessee of Land or owner of Improvements on land within the Extra Territorial Jurisdiction of the CITY;and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the CITY has enacted Ordinance No. 15898, approved November 26, 1980, as amended, incorporated for all purposes, indicating its willingness to enter into Industrial District Agreements with industries located within its Extra Territorial Jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No.2;and WHEREAS, in order to correct certain boundary issues, Ordinance No. reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1 and Industrial District No. 2", herein collectively called "Industrial Districts"; and WHEREAS, the CITY desires to encourage the updating, expansion and growth of industries within said Industrial Districts,and for this purpose, desires to enter into this Agreement with the COMPANY;and WHEREAS, the COMPANY desires to minimize its tax burden and avoid regulation by the CITY of the COMPANY'S structures and properties within such Industrial Districts. NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and under the authority granted under Section 42.044,Texas Local Government Code, and the Ordinances of the City referred to above, the CITY and the COMPANY hereby agree as follows: Article 1 Section 1.01 Immunity from Annexation.The CITY covenants and agrees that during the term of this Agreement, and subject to the terms and provisions herein, the Land shall retain its extraterritorial status as an Industrial District, and shall continue to retain this status until and unless the same is changed under the terms of this Agreement. Except as herein provided, the CITY fiuther covenants and agrees that the Land shall be immune from annexation during the term of this Agreement. Section 1.02 Limited to Industrial Use. COMPANY covenants and agrees that during the term hereof, COMPANY will not use or permit the use of the Land and Improvements covered by this Agreement for purposes not included within the term"industry". "Industry" as used herein shall mean for the same industrial uses to which the Land, or similarly situated land within the Industrial Districts, is now devoted by the COMPANY or other such parties holding such similarly situated land. Holding the Land and Improvements for future "industry" use, without using same for non-industry purposes, does not violate this paragraph. If the COMPANY uses, or permits use of, the Land and/or Improvements covered by this Agreement for purposes not included within the term"industry"as defined above,the payment in lieu of tax to be paid by the COMPANY under this Agreement shall be increased to an amount equal to one hundred percent (100%) of the amount of ad valorem taxes on Land, Improvements, and personal property sited on the Land that would otherwise be payable to the CITY by the COMPANY if said Improvements were situated on land within the CITY limits of the CITY. The increase shall be immediately effective for all payments from the inception of this Agreement, and the COMPANY shall transmit to the CITY within sixty(60) days of being notified by the CITY of the determination of a non-industry use, subject to the notice provided for in Section 4.04, an amount equal to said one hundred percent (100%)of ad valorem taxes from the inception of this Agreement, less any amounts previously paid, plus penalties and interest as if the amounts were delinquent taxes. The CITY shall be entitled to its attorneys' fees and other costs in collecting any of these amounts. In addition, the CITY shall have the right, in its sole and absolute discretion: (1) to obtain an injunction from a court of competent jurisdiction, upon the court's determination that the use is not an "industry" use, requiring that the use be permanently discontinued, or(2)to annex the Land covered by this Agreement and until the Land is annexed, the COMPANY shall continue to make payments equal to said one hundred percent (100%) of ad valorem taxes. Section 1.03 Annexation Corridor. If any other company within the Extra Territorial Jurisdiction of the CITY fails to enter into an Industrial District Agreement with the CITY or defaults on their in lieu of tax payments, and said defaulting company is not contiguous with the CITY'S boundary, the COMPANY shall, after the CITY provides the COMPANY with sixty (60) days prior written notice of intent to initiate annexation proceeding, permit the CITY to annex a suitable strip of land out of the COMPANY'S Land from the CITY'S boundary to the defaulting company's land to permit its annexation. In the event the CITY must annex a part of the COMPANY'S property in order to annex property owned by third parties, the CITY will annex the absolute minimum amount of the COMPANY'S property legally necessary to annex such property owned by third parties. The location of such annexed property shall be subject to the approval of the COMPANY, such approval shall not be unreasonably withheld. COMPANY and such annexed property shall have no right to any CITY services as a result of such annexation;nor shall the CITY extend,by ordinance, any rules,or regulations, including,but not limited to, those (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (C) attempting to exercise in any manner whatsoever control over the conduct of COMPANY'S business thereon. Such annexed portion of land shall remain a part of this Agreement and shall not be subject to CITY taxes, but shall continue to be included within the in lieu of tax payment. In the event that the need for an annexation corridor no longer exists, including but not limited to the defaulting company entering into an Industrial District Agreement, or has met its obligations to the CITY, the CITY agrees to immediately cease any annexation proceedings related to the annexation corridor over the COMPANY'S Land, or within(60) days, take the steps necessary to complete disannexation proceedings required to remove from the city limits any unnecessary annexation corridor. Section 1.04 City Services.During the term hereof,pursuant to this Agreement, the CITY shall have no obligation to extend to the Land any utility or other CITY services, except for services that are being provided to and paid for by the COMPANY on the date hereof, or as otherwise stated herein. Section 1.05 Fire Protection Services. The CITY may provide fire protection services to the COMPANY at the option of the COMPANY for an additional payment to the CITY as set forth under Section 3.05 hereof. Section 1.06 Cam fiance with City Rules and Re ulations. The CITY and the COMPANY agree that during the term hereof, with respect to the Land, the CITY shall not require compliance with its rules or regulations: (1) governing zoning and platting of the Land, or any additions thereto, outside the CITY limits and in an Industrial District; provided, however, COMPANY fiuthher agrees that it will in no way divide the Land or additions thereto without complying with State law and CITY ordinances governing subdivision of land; (2) prescribing any building, electrical, plumbing or inspection code or codes; or (3) prescribing any rules governing the method of operation of COMPANY'S business, except as to those regulations relating to the delivery of utility services and industrial waste disposal through CITY-owned facilities. Section 1.07 Definitions. A. Cam.As defined in the preamble hereof and includes its successors and assigns. B. Commencement of Construction. Physical construction (including, at a minimum, excavation for foundations or the beginning of installation or erection of improvements)at the primary site of the eligible project has begun. C. Existing Improvements. In use prior to January 1, 2015 and no longer on a payment scale or have completed the phase in scale set forth in Section 3.01 E of the Agreement. D. Extra Territorial Jurisdiction(ETJ). The unincorporated area that is contiguous to the corporate boundaries of the City of Corpus Christi and that is located within five miles of those boundaries. E. Grandfathered Improvements. Improvements that are in use prior to January 1, 2015 and were progressing through the eight year phase in scale set forth in the Prior Industrial District Agreement. F. Improvements. As defined in Section 1.04(3) of the Texas Tax Code, and shall also include power generation facilities, petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by COMPANY. Includes Existing Improvements, Grandfathered Improvements, In Progress and New Improvements. G. In-Prouress Improvements. Improvements for which construction has commenced, but which are not Placed in Use, prior to January 1, 2015, or for which government permits related to the construction of an Improvement or the expansion of Existing Improvements have been issued prior to January 1,2015,but for which construction has not commenced. H. Industrial District. The industrial districts created pursuant to Ordinance No. , a copy of which is attached hereto as Exhibit C and incorporated herein by reference. I. industrial District Agreement. An agreement made and entered into under the authority of Section 42.044 of the Texas Local Government Code. J. Land. All of the real property owned, leased or possessed by COMPANY and located within the Industrial Districts and designated on Exhibit A attached hereto. K. Market Value.As determined and defined by NCAD. L. NCAD. The Nueces County Appraisal District and includes its successors and assigns. M. New Improvement. Improvement for which no government permit has been secured and for which construction has not commenced prior January 1,2015. N. Placed in Use. Improvements that are completed and Placed in Use and are not listed by NCAD as Construction Work in Progress(CWIP). O. Prior Industrial District Agreement. Industrial District Agreement by and between the CITY and the COMPANY that expired December 31,2014. Article 2 Section 2.01 Term. The term of this Agreement shall be ten (10) years beginning January 1, 2015, and continuing until December 31,2024,unless terminated as herein provided or extended for additional period or periods of time upon mutual consent of the COMPANY and the CITY as provided by the Local Government Code; provided however, if this Agreement is not extended, or replaced with a similar agreement that provides for an additional period or periods of time, on or before March 31 of the final calendar year of the tern hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of annexation shall be no earlier than midnight of December 31 of the final year of the term. Section 2.02 Extended Term. This Agreement may be extended for an additional period or periods only by written agreement between the CITY and the COMPANY. Article 3 Section 3.01 Payment in lieu of Ad Valorem Taxes. Each year during the term hereof, the COMPANY shall pay to the CITY: A. Land. An amount in lieu of tax on the Land (excluding Improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the Land which would otherwise be payable to CITY by COMPANY if the Land were situated within the CITY limits. B. Existing Improvements. An amount in lieu of tax on Existing Improvements (excluding personal property)located on the Land equal to sixty-two and one half percent(62.5%)of the amount of ad valorem taxes based upon the Market Value of the Existing Improvements which would otherwise be payable to the CITY by the COMPANY if said Existing Improvements were situated on land within the C=limits. C. Grandfathered Improvements. If prior to January 1, 2015, the COMPANY was progressing through the eight year phase in scale set forth in the Prior Industrial District Agreement, then the amount of in lieu of tax payments on Grandfathered Improvements (excluding personal property)shall be phased in as follows: Yr Placed Yr 1 of Yr 2 of Yr 3 of Yr 4 of Yr 5 of Yr 6 of Yr 7 of Yr S of Yr 9 of Yr 10 of in Use Contract Contract Contract Contract Contract Contract Contract Contract Contract Contract Prior to 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5°/0 2007 2007 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2088 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2009 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.50% 2010 340/a 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2011 260/, 34% 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 2012 19% 26% 34% 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 2013 12% 19% 26% 34o/a 42% 50% 58% 62.5% 62.5% 62.5% rota 6% 12% 19% 26% 34% 42% 50% 58% 62.5% 62.5% D. In-Progress Improvements. If prior to January 1, 2015, the COMPANY has In-Progress Improvements, the COMPANY may, at its option, choose to have the in lieu of tax payment for said In-Progress Improvements phased in as shown in Section 3.01 C above, or as in Section 3.01 E below.No later than January 1, 2015, COMPANY shall elect an option and must present the City with documentation of government permit or proof of Commencement of Construction. E. New Improvements. With respect to any New Improvements, the in lieu of tax payment shall be phased in as follows: for the first four years after the New Improvement is Placed in Use, the COMPANY shall pay no in lieu of tax payment to the City for said New Improvement. Commencing with the fifth calendar year after the New Improvement is Placed in Use, the in lieu of tax payment shall be equal to sixty two and one half percent (62.5%). The first year of use for purposes of this New Improvements payment shall be deemed to begin on the first day of January following the date when the New Improvements are Placed in Use. F. With respect to any new land acquired by the COMPANY located within an Industrial District, the use of which relates directly to the primary use of the parent tract, the new land shall be included in the COMPANY'S land known as the Land, and shall be considered in calculating the in lieu of tax payment on the Land as of January 1 of the first year following the date which the new land is acquired by the COMPANY. Within ninety (90) days after the acquisition of new land by the COMPANY, the COMPANY shall provide the CITY with a revised Exhibit A that includes a complete listing by NCAD Geographic ID number of the newly acquired land. G. With respect to any new land acquired by the COMPANY after January 1, 2015, located within the Extra Territorial Jurisdiction of the CITY, the use of which does not relate to the primary use of the parent tract, the COMPANY shall report such purchase to the CITY and the CITY shall determine whether an Industrial District Agreement is desired for such newly acquired land. Section 3.02 Company Schedule of Value. On or before August 31 of each year of this Agreement, or upon final determination of Market Values by NCAD, whichever is later, the COMPANY shall provide to the CITY an itemized Schedule of Value by sworn affidavit,on the form attached hereto as Exhibit B, listing all NCAD Geographic ID numbers and the values related thereto, and showing all Land and Improvements, owned or controlled by the COMPANY including and identifying the property to be valued as part of this Agreement (the "Schedule"). The Schedule shall also list the year any Improvements were Placed in Use. The COMPANY has no objection to the CITY'S review of all forms, information, and documents provided by the COMPANY to NCAD and, in the event of appeal,the Appraisal Review Board. Failure to provide the Schedule to the CITY shall constitute a breach of this Agreement. Section 3.03 Determination of Value. In determining the COMPANY'S annual in lieu of tax payment required under this Agreement,the calculation shall be made utilizing the Market Value of all Land and Improvements as determined by NCAD, or its successor,under provisions of the Texas Property Tax Code. The COMPANY shall timely provide information and reports required under this Agreement and under Texas law, rules and regulations to NCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Section 3.04 COMDany Protest of Value or Billing. If the COMPANY elects to protest the valuation set on any of its properties by NCAD for any year or years during the term hereof,it is agreed that nothing in this Agreement shall preclude the protest, and the COMPANY shall have the right to take all legal steps desired to reduce the same as if the property were located within the CITY, except with regard to the exemptions in Section 3.06 below. The COMPANY shall notify the CITY of its appeal within 30 days after its protest of the valuation is submitted to NCAD. Notwithstanding any protest of valuation by the COMPANY or any non NCAD related billing dispute,the COMPANY agrees to pay to the CITY an initial in lieu of tax payment, on or before the Due Date in Section 3.07 below, based on the amount billed by the CITY. When the valuation on said property or any billing dispute has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty(30) days thereafter, the COMPANY shall make to the CITY any additional payment due based on the final determination. If, as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the amount of in lieu of tax payment due to the CITY is established to be an amount less than the amount of the initial in lieu of tax payment for that year paid by the COMPANY, the excess in lieu of tax payment, if any, collected by the CITY shall be returned to COMPANY within thirty (30)days after said final determination.Any non NCAD related billing disputes shall be resolved by the CITY within ninety(90)days from the bate notice of the dispute is received by the CITY. Section 3.05 Fire Protection. An additional amount for city fire protection equal to fifteen percent (15%) of the amount which would be payable on 100% of Market Value of Improvements located on the Land will be paid annually; provided, however, that if and as long as the COMPANY, as of January 1 of each year, is a member in good standing of the Refinery Terminal Fire Company, or its successor, or the COMPANY agrees to provide fire protection and emergency services either from a qualified external provider or by use of a qualified internal emergency response organization, it shall not be obligated to pay the additional amount provided by this Section 3.05. Minimum qualifications would include meeting certain standards as defined by applicable OSHA, state regulatory and NFPA Standards that apply to fire control, emergency management, disaster planning and rescue services as recognized by the Texas Industrial Fire Training Board, the State Fireman's and Fire Marshal's Association of Texas or equivalent. The COMPANY will provide equipment, training, and facilities necessary to safely handle all expected emergencies and properly protect the COMPANY and the community from the adverse effects of an industrial disaster, which obligation may be satisfied by the COMPANY being a member in good standing of the Refinery Terminal Fire Company,or its successor. (Calculation: Market Value of Improvements x 15%x City Tax Rate=Fire Protection Fee) Section 3.06 Calculation of Amount Due.The CITY shall mail an invoice to the COMPANY, which sets forth the amount of payment in lieu of tax owed to the City calculated in accordance with this Agreement. Such invoice shall be postmarked at least thirty(30)days prior to the Due Date defined in Section 3.07 below,and shall be mailed to the address shown in Section 10.03 of this Agreement. The calculation shall be made without reference to the exemption for pollution control property in Section 11.31, Texas Property Tax Code, and Article VIII, Section 1-1,Texas Constitution, as same presently exist or may be hereafter amended, using the Market Value of pollution control equipment certified by NCAD. In addition, all the amounts shall be calculated without reference to any new tax exemption or any increase in an existing tax exemption enacted after January 1, 1995. Section 3.07 Payment. The COMPANY agrees to pay to the CITY on or before January 31 of the year following each year during the term hereof(the"Due Date"), all payments in lieu of tax provided for hereunder and invoiced by the CITY in accordance with Section 3.06 above, without discount for early payment. The present ratio of ad valorem tax assessment used by the CITY is one hundred percent (100%) of the Market Value of property. Any change in the ratio used by the CITY shall be reflected in any subsequent computations hereunder. This Agreement, and the method of determining and fixing the amount of in lieu of tax payments hereunder, shall be subject to all provisions of law relating to determination of Market Value and taxation, including,but not limited to, laws relating to rendition, assessment, equalization and appeal. Any invoiced amounts that are not paid by the Due Date shall be considered delinquent. Delinquent amounts shall be immediately subject to interest at twelve (12%) per annum, compounded monthly and the COMPANY shall reimburse the CITY for its costs of collections, including reasonable attorneys' fees. Article 4 Section 4.01 Company Failure to Pay/Company Breach. If the COMPANY fails to make a payment due to the CITY hereunder or if the COMPANY fails to perform any other obligation incumbent upon the COMPANY to be performed hereunder, and if such default is not fully corrected within sixty (60) days after the CITY gives written notice of said default to the COMPANY (or, if within such 60 day period, the COMPANY has not demonstrated a satisfactory plan of compliance approved by the CITY(where compliance requires more than 60 days)), the City shall have the option to either (1) declare this Agreement terminated and immediately commence annexation proceedings and sue to recover all damages; (2) bill COMPANY and sue to recover 100%of all monies that the CITY would have received from the COMPANY if it had been within the CITY limits, which includes 100% of all taxes, attorneys' fees and court costs; or (3) continue this Agreement for its term and collect the payments required hereunder. Section 4.02 Lien. The CITY shall be entitled to and have a tax lien on the Land and Improvements which may, in the event of default in payment of any sum due hereunder that is not cured in accordance with Section 4.04 below, be enforced by CITY in the same manner as provided by law and for the collection of delinquent ad valorem taxes. Additionally, the CITY shall be entitled to and have a contractual lien on the Land and Improvements which may be foreclosed in the event of such uncured default (1)judicially or (2) extra judicially in the same manner as a deed of trust under Texas Property Code, and for that purpose may appoint a trustee or trustees. Section 4.03 City Breach. If the CITY breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the Land (except with reference to the agreed annexation corridor in Section 1.03), the COMPANY shall be entitled to enjoin the CITY from the date of its breach for the balance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement. If the COMPANY elects to pursue this remedy, then so long as the CITY specifically performs its obligations hereunder, under injunctive order or otherwise, the COMPANY shall continue to make the annual payments required by this Agreement. Section 4.04 Notice of Default. Notwithstanding anything to the contrary contained herein, in the event of any breach by the COMPANY of any of the terms or conditions of this Agreement, the CITY shall give the COMPANY written notice specifying the nature of the alleged default, and manner in which the alleged default may be satisfactorily cured.Thereafter, the COMPANY will be afforded sixty(60)days within which to cure the alleged default(or,if cure requires more than 60 days, the COMPANY shall have the right to demonstrate a satisfactory plan of cure approved by the CITY within such 60 days, which shall be deemed to be a cure so long as the COMPANY is diligently pursuing such plan). Section 4.05 Cumulative Remedies. The remedies provided herein are cumulative, none is in lieu of any other, and any one or more or combination of the same is available. Each party, in addition to remedies expressly provided herein is entitled to any and all other remedies available at law or in equity. Section 4.06 No Waiver of Rights and Remedies. It is expressly understood that if at any time the COMPANY is in default in any provision of this Agreement, the failure on the part of the CITY to promptly avail itself of the rights and remedies that the CITY may have, wilI not be considered a waiver on the part of the CITY; provided that if the CITY within ten (10) years from the date of any default by the COMPANY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Further, is expressly understood that if at any time the CITY is in default in any provision of this Agreement, the failure on the part of the COMPANY to promptly avail itself of the rights and remedies that the COMPANY may have, will not be considered a waiver on the part of the COMPANY; provided that if the COMPANY within ten(10) years from the date of any default by the CITY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default,then such default is deemed waived. Section 4.07 Limitation of Liability. To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, in no event will either party be liable to the other party hereunder for punitive, exemplary, or indirect damages, lost profits or business interruptions damages;provided however,this limitation in not meant to limit the CITY'S rights under this Agreement to collect from the COMPANY any unpaid in lieu of tax payments, late penalties and interest associated therewith, and any costs of collection including but not limited to attorney fees. Article 5 Section 5.01 Description of Proverty. The COMPANY agrees to provide the CITY with a listing of Geographic ID numbers, as available from NCAD or its successor, to be attached hereto and incorporated herein as Exhibit A. With respect to COMPANY'S acquisition of new land, as described in Section 3.01 F,which becomes included in the Land, COMPANY agrees to provide to CITY a listing of Geographic ID numbers as available from NCAD or its successor. Article 6 Section 6.01 Annexation By Another Entity. If any attempt to annex any of the Land owned, used, occupied, leased,rented or possessed by COMPANY, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its Iimits the Land or property,the CITY shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of the COMPANY, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne equally by the parties hereto; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. Section 6.02 Termination. If the CITY and the COMPANY are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation described in Section 6.01 above,the COMPANY shall have the option of(1) terminating this Agreement, effective as of the date of the annexation or incorporation, or (2) continuing to make the in lieu of tax payment required hereunder. This option shall be exercised within thirty (30) days after the application for the temporary injunction is denied. If the COMPANY elects to continue the in lieu of tax payment, the CITY shall place future payments hereunder together with part of the payment for the calendar year in which the annexation or incorporation is attempted,prorated to the date the temporary injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by CITY subject to the following: A. If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, then all these payments and accrued interest thereon shall be refunded to the COMPANY;or B. If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation,then all the payments and accrued interest thereon shall be retained for use by the CITY. Article 7 Section 7.01 Sale or Lease. Whenever the COMPANY sells all or a portion of the Land or Improvements to any entity that is not an affiliate of the Company, unless such affiliate will be responsible for payment hereunder, the COMPANY shall within ninety(90) days give notice to the CITY of said sale, and this Agreement shall continue in effect as to all Land and Improvements sold. If COMPANY sells only a portion of the Land or Improvements, the COMPANY shall furnish to the CITY a revised Exhibit A effective for the calendar year next following the calendar year in which the conveyance occurred. If the COMPANY leases all or a portion of the Land or Improvements to an entity that will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said lease, and this Agreement shall continue in effect as to all Land and Improvements leased. Section 7.02 Company's Responsibility for Payment. The COMPANY as seller or lessor in a transaction pursuant to Section 7.01 above, shall remain solely responsible for any payment in lieu of tax attributable to the Land or Improvements sold or leased unless the COMPANY has entered into an assignment and assumption agreement with the buyer or lessee of such Land or Improvements, which shall be consented to by the CITY, in which the buyer or lessee assumes all responsibilities and obligations under this Agreement as to the purchased or leased Land and/or Improvements. Section 7.03 Assignment. This Agreement may be assigned by the COMPANY. If this Agreement is assigned, the COMPANY shall notify the CITY of such assignment within thirty (30)days. Article 8 Section 8.01 Inurement. This Agreement shall inure to the benefit of and be binding upon the CITY and the COMPANY, and shall inure to the benefit of and be binding upon the COMPANY'S successors and assigns, affiliates and subsidiaries, and, subject to Section 7.02, shall remain in force whether the COMPANY sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of the Land, and the agreements herein contained shall be held to be covenants running with the Land for so long as this Agreement or any extension thereof remains in force. The word "affiliates" as used herein shall mean: (1) all companies with respect to which the COMPANY directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent(50%)or more of the stock having the right to vote for the election of directors; or(2) all corporations (or other entities) controlled by or under common control with the Company as contemplated by Section 1239(c)of the Internal Revenue Code of 1954,as amended. Article 9 Section 9.01 Buy Local. COMPANY shall use reasonable efforts to acquire all of its procurements, including, but not limited to, supplies, materials, equipment, service contracts, construction contracts, and professional services contracts from businesses located within Nueces and San Patricio Counties, unless such procurements are not reasonably and competitively available within said area. COMPANY shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. Section 9.02 Water Procurement. COMPANY acknowledges that the CITY provides a regional water system that is critical to the well-being and economic growth of the entire area and that it is important for each customer to continue to use the system as its principal source of water. COMPANY agrees to provide six months written notice of any intent or action to obtain more than ten percent(10%)of its total water needs from any source other than the CITY. Article 10 Section 10.01 Severabitity. In the event any word, phrase, clause, sentence,paragraph, section, article or other part of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word,phrase,clause, sentence,paragraph,section, article or other part of this Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. Section 10.02 Entire Agreement.This Agreement constitutes the entire agreement of the parties and supersedes any and all prior understandings, or oral or written agreements, between the parties respecting such subject matter, except as otherwise provided in the instruments referenced herein. This Agreement may be amended only by written instrument signed by all of the parties hereto. Section 10.03 Notices. Any notice to the COMPANY or the CITY concerning the matters to which this Agreement relates may be given in writing by registered or certified mail addressed to the COMPANY or the CITY at the appropriate respective addresses set forth below. The COMPANY must notify the CITY of any change of address in writing. Notices by a party to the other party hereto,shall be mailed or delivered as follows: To the City: Mr.Ronald L.Olson City Manager City of Corpus Christi 1201 Leopard P.O.Box 9277 Corpus Christi,Texas 78469-9277 Phone:361-880-3220 Fax:361-880-3839 With copies to: City of Corpus Christi-City Secretary 1201 Leopard P.O.Box 9277 Corpus Christi,Texas 78469-9277 Telephone:361-880-3105 Fax:361-880-3113 City of Corpus Christi-City Attorney 1201 Leopard P.O.Box 9277 Corpus Christi,Texas 78469-9277 Telephone: 361-880-3361 Fax: 361-880-3239 If to Company: with copy to: Section 10.04 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement is to be performed in Nueces County,Texas. Section 10.05 Counterparts.This Agreement may be executed in multiple counterparts,each of which is deemed an original, and all of which taken together, shall constitute but one and the same instrument,which may be sufficiently evidenced by one counterpart. Section 10.06 Authority.By acceptance of this Agreement and/or benefits conferred hereunder, each party represents and warrants to the other that its undersigned agents have complete and unrestricted authority to enter into this Agreement and to obligate and bind such party to all of the terms,covenants and conditions contained herein. Section 10.07 Most Favored Nations. If CITY enters into a new Industrial District Agreement, or a renewal of any Industrial District Agreement, with a landowner which contains in lieu of tax payment terms and provisions more favorable to the landowner than those in this Agreement, COMPANY and its assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain the more favorable in lieu of tax payment terms and provisions. "Landowner" shall not include any tourist-related business or facilities under Section 42.044, Texas Local Government Code. The foregoing does not preclude the CITY from entering into a onetime, economic development agreement with any new major employer within the City's non-industrial district ETJ, or with any company proposing a major new investment within the City's non-industrial district ETJ, as part of the CITY'S economic development program. EXHIBIT A Geographic ID Number Designated By Nueces County Appraisal District EXHIBIT B Schedule of Value EXHIBIT C City Ordinance Creating Industrial Districts � CY) U) �3 � �\ a � C z \ �. .g � ^ � � \ r ƒ LLI . \ LLI LLI �\ ry ,\ � �\ \ LLI�y �\ \� �< \ LLI LLI \ U) ry \ n n� W C*-. n, V) C*-' C*-- �' J cn O C6 Cl) 00 � Cl) .— M Cam• C/) = O }' m Cl) 06 C`' U (D O O to E O p 0)cn 0 a) C*-- �p a) cn LL a) O Q _j C6 'c U p >% co cn O CY)Cl) :3 Z o X j 1--j Z }' O O1--a cn cn Z Z .— Cl) ca ca ca }, ca ca ca ca ca o Yir rt' , ,� r rrrrrrrrrrrrrrrrrr�r ;��'!iarrrrrrrrrrrrrrrrrarrrr rr �rrrrrrrrrrrrrrrrrrrrrrrrrrrr, W SOO C: Cl) 40 C:4-0 O O XL- 4-0 O 0 }' O c6 v_) ca z � U C6 ~ N = O Cl) x .0 J :3 O '— :3 C/) c C — O U 0 Q C;) p '� p � `� � p 'c)) C C: ct Cl) =3 �_ N C/) OU .O '�, O _U 5 W O O U O J � � v � � o n o Q .— O � o ca c � W cn O Cn a o -a m o o U QL = 'U U) C: x J � ,O O � O m W O '� U W O � }+ N >. M }' }' 0 � p C: � E O o W a� o 3: a) ;��'!iararrrrrrrrrrrrrrrrarrrr rrrrrrrrrrrrrrrrrrrrrrrrrrrrrr, c m •_ - � V Cl) Cl) U Cl) CO c� C — N n :3 0) o 0 0 Cl) - � c� � w o pO +� CU Cl) m C:3 Q ' z 0 0 U Cl) U) L- m O U o (D — 4– >- CY) 1--a I C6 ~ W U cn Cl) cn n o 0 rMW4 cn •c_n •c_n r. Up U UQp U zLu Yir rt' , ,� r rrrrrrrrrrrrrrrrrr�r ;��'!iarrrrrrrrrrrrrrrrrrarrrr rr �rrrrrrrrrrrrrrrrrrrrrrrrrrrr, NNO ry a) 4-0 U (� o W a cn L Q . . a) a) > J Z E a� L U) Q o �E 0- H Z O -a E a, O > C� n Q U a) c J W 4-0 4-0 � Q c6 UL 0 N E Lu O c O ct U c� O U U O w U Z Yir rt' , ,� r rrrrrrrrrrrrrrrrrr�r ;��'!iarrrrrrrrrrrrrrrrrrarrrr rr �rrrrrrrrrrrrrrrrrrrrrrrrrrrr, L- a) M E O U � N cn 'L N cm cn cn E E O 'L N cn tf a)m ; �cn O Q N Q N :3 X U -�e W . . E O L x > N N E E W O O _o CD N U m N O W L N O N � j cn ct O O w 0 c � N � � 3: >, — . � (D L •� cu o E 06 O O L (� 0) LL U- U N N > N — O z ;��'!iararrrrrrrrrrrrrrrrarrrr rr �rrrrrrrrrrrrrrrrrrrrrrrrrrrr, LF- O c O W Q- •� O 'W ry .0 O O O � J U o L- U) _r o U -_+ O }' 0. O M 2 O O E O IL Z a) cn cn �' C' � I .� �--+ O � O O O CY) Cl) Lo m Yir rt' , ,� r rrrrrrrrrrrrrrrrrr�r ;��'!iarrrrrrrrrrrrrrrrrrarrrr rr �rrrrrrrrrrrrrrrrrrrrrrrrrrrr, .0 L O 4-0 U N C/)4-0� � C/) m N N �� L 4 4-0 m U C N 0 � � .0 }' � =3 tf C/) C: C/) CU -0 O C � C: C C C/) U Q m Q � J X D o ca C: cn � � }, � W m O C cC) C C) O }, LL L . C = a) cn o C U �' — � Q Cn a U c Z O Q L � a) E cn .— 0 0 U U — L- a)= U o � c6 CU U � � X X X � O N C U D C > N 4-0 oD -0 :3 CU Q Q N a� cu c: o -a 2 V N a) cu N -a N -0 '> 0 � Fu > E '� � N E � FO Q � C) C) CU ui ;��'!iararrrrrrrrrrrrrrrrarrrr rrrrrrrrrrrrrrrrrrrrrrrrrrrrrr, J � U z ) 4-0 ca � U L <C/) U =3 3: — ♦_+ L 4-0 �4-0 � O M U 4-0 O N 4-N }, O Q c/) N U E a) O a) }, •�cn O O O O =3 0 � U J 4-0 cn C: > o N p —r— L— N — Ex Op a- U) >z U � + LL O j C C/) ♦--' O }' }' o o o E o ' Q : a v O cn Cn U o U Cn C , O a) � a) u •u) � cn � c� O •� � L � � oU cn cn L zmQ U QQ U C) co ;��'!iararrrrrrrrrrrrrrrrarrrr rrrrrrrrrrrrrrrrrrrrrrrrrrrrrr, W W E ct W ,,�x Z>s W U CU C;) c� U O O }' c- }, U O CU ry O -0 U o C�I` O � O N o cn U c.) v O ca to L U � o Q � — O � o � o E Z ct O ~ � m � o L � z a) O .L E -1--j L- O o •— w o O O LL O CL ct Cl) ca � E o X a) LL rMN4 C/) cu = ca — a) }, :3 cl) > m U 4- 0 U) O Yir rt' , , r rrrrrrrrrrrrrrrrrrr ;��'!iarrrrrrrrrrrrrrrrrrarrrr rrrrrrrrrrrrrrrrrrrrrrrrrrrrrr, { yff f ✓/ d' cn +- r( rr 1 U a) a) 0) Lo cn E 4- \ cn cu N a) r f 4--' LO C: N � > FFr cu a) — 0 l r�7 N ��v _- ` 0 :! y_ cu a) _ J O j E N a) C > Q © — co O O L cu f LC I? o M C O -C 3 r Q N (D 4 a a) : N 0) � N c ca 4-1(7 CIO J x (a N Q N (U cu = f flr J cu F?r� cu ��+ '.cn cu I � © p a) > 0 }1 c O C 0 C-) Q f J(f l cu o a) co Q — Q a .�. � f r ✓a c � ? a) V a) �y 'frr; to L - cn J f, 0 Q L ^�^+, cu Q CU Q Y Ff ^ W 7r l rs V lI 1 v 06 Q N cn v (a Q — Z3 p O � +-� +-� U C +r -0-� C) C ! 0- a) ca '%n 4- 0 C a) 0 CU„r Jsr T 70 }� ;(� O c CO CD C: CU CU 0) 70 i V7 3 (r s — U W O >► U 2 > a > t r�r r f/ s N ` co qT U') (9 I'-, co t� a, ;��'!iaaaaaaaaaaaaaaaaaaaaaaaa a--+ .C/) C) U O � U � � C6 Cn a O O n U O 7o 70 0 Z °v; .Lo > O m 4 .a) a> > a) cn C6 Z3 U -a U }+ O .C) 70 Q o x � U � � -0 O 0 a, U o L a� , � a c� U a� > a) O � ° }' }, > � x Q U (-) < (c) a) � Q W � a a, O C O � L � � � a L }' 'L }+ a) E— r, 0 cu U Q ;��'!iararrrrrrrrrrrrrrrrarrrr rr �rrrrrrrrrrrrrrrrrrrrrrrrrrrr, L a) 42 4-0 L M _m a) D O O a) `2 O E O D O E z u-) C111-0 L- O \ O U O O � = O O L U c a) U O O O � (Oj .> C: 0 0 m M }, O a) 4- m m cn � - C u- O 0 O LL 0 U = M — — •U O 4-+ DL 4-0 O � O O m — � cM Q E m U O m •� a) o o U o EM - � za� OooQ U � o Yir rt' , , r rrrrrrrrrrrrrrrrrrr ;��'!iarrrrrrrrrrrrrrrrrrarrrr rrrrrrrrrrrrrrrrrrrrrrrrrrrrrr, se cc a AGENDA MEMORANDUM CORP R0 For the City Council Meeting of September 17, 2013 DATE: September 9, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com Saundra Thaxton, Assistant Director of Strategic Management Saundra @cctexas.com Assessment of the Efficiency and Effectiveness of the Citv of Corpus Christi Fire Department CAPTION: Motion authorizing the City Manager or designee to execute a consultant agreement with MGT of America, Inc. to provide an assessment of the efficiency and effectiveness of the City of Corpus Christi Fire Department for an amount not to exceed $97,950. Funding is available in the Fire Department Budget for fiscal year 2013/2014. BACKGROUND AND FINDINGS: The objective of the study is to obtain an overall assessment of the overall efficiency and effectiveness of Corpus Christi Fire Department operations, including results of benchmarking against operations of other municipalities and against industry standards. Aspects of the assessment will include reviewing service demands and responses to demands, distribution of resources, response performance, and reasonableness of costs. A specific purpose is to describe how the City of Corpus Christi Fire Department can best meet its mission while cost- effectively delivering services. This study is being conducted as part of the City's overall continuous improvement program to periodically review and improve City operations. Eight consulting firms responded to the City's request for proposal issued on August 2, 2013. Four firms were short-listed and invited to make presentations on September 5, 2013 to the City selection team. After studying proposals and interviewing the proposing consultants, the selection team deemed MGT of America, Inc. as the most responsive. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to all City policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Management & Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $ 97,950 $ 97,950 Encumbered / Expended Amount This item $ 97,950 $ 97,950 BALANCE 0 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Consultants responding to Request for Proposal and firms short-listed RFP Selection Matrix BI-0003-14 ASSESSMENT OF THE EFFICIENCY AND EFFECTIVENESS OF THE CORPUS CHRISTI FIRE DEPARTMENT The RFP selection panel reviewed each proposal submitted to develop a "short-list" of firms to be interviewed. All of the proposers were regarded as meeting the minimum criteria established in the RFP to be considered as "qualified": a)The proposing organization may not be part of a company that is in the business of providing fire suppression or emergency medical services; and b) The proposing organization must have at least five years of experience conducting municipal fire department evaluations; and c) The proposing organization must have sufficient staffing in order to meet project deliverable deadlines; and d) The proposing organization must assign to this project a project manager with at least five years of experience conducting fire department evaluations. Proposer Price* Short Listed Berkshire Advisors, Inc. $79,600 Emergency Services Consulting International (ESCI) $60,037 Fitch &Associates $148,690 ICMA $123,303 Matrix Consulting Group $87,000 MGT of America $97,950 System Planning Corporation—Tri Data Division $94,152 Public Safety Solutions, Inc. (PSSi) $98,850 *Average proposal price=$98,698 Ranking of Short-Listed Companies subsequent to interviews. The RFP stated that "Proposals will be evaluated on the merits of content including types and size of municipalities assessed, methodology proposed for the assessment and any other relevant information which reflects the competency and ability of the proposer to perform the services specified in this RFP." The ranking below reflects the consensus opinion regarding the ranking of the firms best able to meet the needs of this engagement. Proposer Overall Key differentiating factors ranking MGT of America 1 Most experienced project team on projects of similar nature;team has worked together in past; good balance of practical experience with evaluation experience;very high quality and succinct proposal Matrix Consulting Group 2 Project team has little experience working together;the on- site project lead has limited experience in similar fire studies; research skills, specifically benchmarking, weak Emergency Services Consulting 3 Concerns about perception of ownership interests of the International (ESCI) International Association of Fire Chiefs and the lack of explicit disclosure in the written proposal; questions about clarity of scope Berkshire Advisors, Inc. 4 Presentation style not as strong; RFP not succinct rt t���l✓%fir�if2'J? ��i"��d a 1 "t �c 1 W CL 4 {r � +� W O sf W L � � � (/) r, r Z a: W O 06 rk LLI CLi V co S L °� ��r � � r �r r ar r r rfi: ✓$ sa ��✓/ -��r rir� � rr �� nu 3 `� �i �y n� �/r'i� £ffi rrr�����7��fF€`�� ,�vrp's�r✓ '� t �z z� t ?�" �,a 5�f i e r �N� � �',���► ^, N W N _O V O O Z: •_ cn +, V •N W •� C: Q w C W cn w i ° E O w Q Ln Z W E E N co V i N •c: Q (3) OQ C� CL lO O N Q) cNn cn ca Q N W ca i Q cn J E -o m i >O OV i O L E z O • • O O z > Q ° ° V CL QO m c O •� •V Q� � � Q -o a� O c V 0 i -o W � +, O c c � a.., V1 N •� � can � aj cry •> o — W +, }' O W Q S.- Q O Q Wa-+ N v � O a 0 co O Q � can 0 V_ i :3 a--+ N CL CA 0 0 O Z > 13- Q (A LO m O can Z > Q0 0 0 0 0 0 • M c N 85 c m co � O • X22 ¢ cry 0 u m Mo Q Q W 0 rA%% N r-I O > ¢ ca C: Q a--+ buo W +� Q) E ca W V) 0 •— ( •— CL • V O C:W W _ • W cn CL V) ca M N O J V'f C) Q • m 0 i N W a� Z m W Z �CL W V1 ¢ L a W W •— O C:buo �- V O •— cn � O E N N Q O O W a-+ Jc: cn V V > V MIN Ca LL +, O cn cn . . U -cc) LOT 0 0 0) m CA W O ,cv ca buo t�A H _ — 4-J .— • •- L~ V a (D a) N a� > O o .o V � Q W O DC -0 C buo 4-J� Z • • • H �..� two O •N � •> L V .- tw L.L O �. •- C16 > w > E > .0 w •� •- E N - •— v •> i O i M •� O .0 E -W .— CL two (1)t cr cn t •— � E C: `Q O N V •— N 0 O s +, •— N N E LL CL v p O tw v N i Q tw .v N e w — i m M — w '— M V 0 •— •— •r V w Q M w E a i O Q i N O � N i t E O E > .a— o °M > two s a •— •— O a a� '� a Damao }+ w M O +r — '— tw ca Vf E O > O aw N r`' Damao O N Q t r w = ,� bd0 O > O � i > -W r. 4+ O0 E w tw M M 'r 0 O .— tw i as i •— Q O M M O i O i •i V V w V M Q .- -0 L.L aw O LL Q V LA t,0 I%z 06 w CL CA 00 O i r 4� ._ ._ a a o o a a� M .. 4 DC E m •> V CL w w m O N Q o s L x a a �_ 3 O a 0 0 '> i +.+ O � >o p ca r. � �+ N Q M O •O H i ja M i i tw O c s Z Q Q o o u a; ° O V CL rn 4--+ U O Q C: O _ c: i UU O 41 cn cn p p CL o m C C oC LL U U U U U U U LLI m m LL ' O N N O O p +�-+ 0 0 ON 00 N m O N N 0 N m N LU r-4 cV � 1-0 O N I� o bD bD aA Q Q N N mr.-i N V n n Q Q Q c c W v ? ? ? ? ? cn 0 LL LL L O c-I V V C _ C:Q O U -1-j w O - F- O buo LU 75 t ±, I Q �" O 4-0 � Q U Q .N H v p 0 ° O = i Q O Q cn N U C-A O Q O cn ca U N Q Ln }, U Ln �_ O N U O E u CC � U Q cn W ._ 16� O 0 N co 4-J E U CC 00 ? a ? ? U ? ? cn G C: Q v E N � ca co C:co Q Q m co U � O a � " C: 4-0 ,— E -0 �Mj •i ca •— a) C: .- .a L-L U _ CL E p U a) a) LL O C: Q o U N N . . V O . . U � O C bA -0 w i C Q E V cr cn i ) O — W C: N x a, O x '- z � � op+ N — p •O CL LL u co u O ca > O ~ U oC Q a Q w cn cn OU C� N -I i i5y � V xfc f CO CL LLI COD .......... `� r r •U L r •� L rr�� rr t � • l j ° �l � y i o , j W ,t�� A CL OWN `� �i �y n� �/l'i� sffi ��r�����7��fF€`�� ,�vrp's�r✓ '� tfU lUy l `i�f ``� f r f t s s iu »17� Wsc SERVICE AGREEMENT FOR EVALUATION OF THE FIRE DEPARTMENT Request for Proposal No. BI-0003-14 THIS Assessment of the Economy and Efficiency of Fire Department Service Agreement (this "Agreement")is entered into by and between MGT of America, Inc. (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City"), by and through its duly authorized City Manager or designee ("City Manager'), effective for all purposes upon execution by the City Manager or designee. WHEREAS Contractor has proposed to provide an Assessment of the Economy and Efficiency of Fire Department Service Agreement in response to RFP No BI-0003-14 which is incorporated by reference as Exhibit A; WHEREAS the City has determined Contractor to be the best valued respondent; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Assessment of the Economy and Efficiency of Fire Department in accordance with RFP No BI-0003-14. 2. Term. This Agreement takes effect at such time as final signature is affixed and continues until the project is completed, approximately six months after commencement. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Assistant Director of Strategic Management or designee. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages, to the Contract Administrator. Additionally, the Assistant Director of Strategic Management or designee will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's reasonable written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The 1 performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31s), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver.No waiver of any breach of any term or condition of this Agreement, or RFP No. BI- 0003-14 or the Contractor's offer to RFP No. BI-0003-14 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Assistant Director of Strategic Management or designee. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments.This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in RFP No. BI-0003-14. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on three (3) business days written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, 2 Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice.Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Assistant Director of Strategic Management P.O. Box 9277 Corpus Christi, Texas 78469-9277 IF TO CONTRACTOR: Contractor MGT of America, Inc. Contact Travis Miller Address: 4009 Banister Lane, Suite 265 City, Austin, TX, 78704 17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month-to-month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE 3 PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 20. Compensation. The City shall pay the contractor a not to exceed amount of$97,950. Price includes all travel and per diem expenses associated with providing the services. Monthly progress payment will be made as work is completed based on the hours completed and the actual expense incurred. SIGNED this day of , 20 Contractor: MGT of America, Inc. Name Title: CITY OF CORPUS CHRISTI("CITY") Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: RFP No. BI-0003-14 Exhibit B: Proposer's Response to RFP No. BI-0003-14 4 se cc ¢ aRx AGENDA MEMORANDUM City Council Meeting of September 17, 2013 DATE: May 1, 2013 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, ACM Business Support Services WesP@cctexas.com (361) 826-3082 Port Corpus Christi Project 2020 Strategic Planning Process Presentation OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Mike Carrell Chairman Port Corpus Christi 2. Al Jones Commissioner Port Corpus Christi 3. John LaRue Executive Director Port Corpus Christi 4. Frank Brogan Managing Director Port Corpus Christi BACKGROUND : Strategic Planning Project LIST OF SUPPORTING DOCUMENTS: Powerpoint ;r P 96 it� U.0 -0 W 41 t; r f i, I T H C f i) e ✓ ft ,p r r W UJ LL' IA o u �R m i 0 0 0 0 0 0 0 0 0 0 0 ° °CD °O °O °O °O °O °O °O CD 0 O o 0 0 0 0 0 0 0 0 ° °O °O °O °O °O °O °O °O CD °O o 0 0 0 0 0 0 0 0 r Q) 0o 1,. CD LC) I* Cl) N r M O ~ O Lp CD O M h s N M N_ M r r/fir/r�ri�� / ✓/� r irr%rr� /r�i✓�i //r /�/rsjl f r�rr�,, M 00 Cfl O O Cfl 00 r / r /l J/� r rr r ✓ r'��� � r' O r � i� /l r r �f i//T r?i�//r / r�/ f ��i/�/� ✓ O N M 0 00 Cfl M N h h W h N 00 e M 0 00 N r I • CD Lf) CD M 00 O ti N ri /r 3r / it rr s;a �r ?/^rite /rr r N ti O 00 CD 00 O (D M N l rlr�/r rr�r�/r/ s rr/�✓!///l/� l rr� r 00 00 O C) M- CD Q°� N h N h N M 0 N Lp N O CD 0 N O � M l !j i/ j rl /l/r r f l r r/✓ ii�rr l/r//r r/r r// 'R O 00 Cfl M N M N r O W w N h O M ti -e N 00 r a O 00 CD h N ri /i ri r / /rrr ✓ / // // f r/rr/ rr r/ iii Cl N LO � � �/rr/r�/ ✓// rl / /� �ri�� /r/'�r�'// � ✓ err r � N W W N N CD r CD N r 00 O Cl) O o N ° N M 0 CD o � r co W) O LOCH N M O 0 ri%/ rfs!////// rf✓rl�i✓r�/� r /�/ i� %/ rl /r, a O r co M M r O O O f rr / s'/r✓ / r/r / r: r r� �t �/ ,; rf tj O h 00 M Lp r ti m N / %r//ti .?.ir r�✓rr.,,,, r,t/r� �/ r r/ JI l N I.* 00 M m 0 co Lp CD CD CD M r 0 rs r / l✓ M 00 O LCD O r r/ / / /r / r O LC) M N N M O N O CO 00 r 00 CD W u N co I.* N ti ui G O r N CD n � L� 000 ti r r' .l"/ %/r/ r/ r% lr/l/r r rl r r JQ r �� l ;t r Cfl O Cfl LCD M 00 O M r // l r/ r r r r r /i s r r r � r/r/ .lri/i �/� �✓i C'! O O l�// l /✓ �r �i �lr r r O m LCD M I� LCD M_ F r f�irr .s. /ire r✓fir N M i i IO W W N M 00 LCD 0 -e M 00 M r H Y 3 O O O O O O O O O O J J O O O O O O O O O O J 4 a m m O O O O O O O O O O W LL y ° 0 0 0 0 0 0 0 0 c J W O V Y p ° O O O O O O O O O J O 0 0 0 0 0 0 0 0 0 o Q O m Y Q 5 LO CD Lt09 LO CD M M N N W) OD 0 H H J W W O W 2 H a U 0 m U m SUO O l� uS s ti ti ✓" r � /r` r + r>rrr/ / rr / r sn / r ti M � ✓F/ �Tr / / rr../1//r ri!ll !f/lr��� 1/tom/� slur".r/ // fir r rl r��l M /�f /irk/ jr�! !�///! l/ /lj �i r r f//r//s r✓r/ �✓! r/l�r !/%!��� � M r r ri / r/ rrr?? ✓ / rr f /r//r' l / /r/ r/�/ / �,/ nO N ti N Lf� O LCD LCD M r r r O N 00 � e N CD w LO m C4 r M O G f -' //rrt. ! '' tl �f/✓r rrrsf �s/%' i �� ✓��lr r � O M // r rr/r ✓� ! r, r✓� tr /! Flr /, r✓ N CD M- M M N /r r�..;.!:r/ / ��.rur ;�s/ / r,��,:.r r /,. �.� r✓ -,.fr r-.-., N N Z 000 N O M ti.. .. Lf) ' //!; r r/r/ i�lr.z r/P r/ �!r',/r/ /✓ s lr/l/FS it r y `rsrr r W M ti t rr f!r!s sf r ✓ r / it% �r Fr/ l///l�/r rrr r/f Z /i F/!//i'/ r I�. O W LC) t N W W .., l .«� .aind s��zrrzrrzrrzrrlrrlrr ..,�. O CD N N O m O CD N N ti - 2 ✓ !/ F f '% /3 /��r' l ref r F r/ r/�r r '" / / O M N f / s r rrl.f/ s z rr r r F r r tsI r✓sF r/r / N M N O m tr� CD .° N N c i CD O s > > CD M s r r � r LO � l 3 s r � r ti ti F'i' s /l try/ rr /ri 'f/fr//rrr ir/r':l f✓r frr i/r rrrl r/ r /� r / rF r 00 00. .. M , r r J / r/,r /// r / rr f�/ !� i !r/�r /� r l/ rr,�/ r !/ r'% r✓rr✓" O N 00 O k r>fr rr rrr /frlr '� /rr /r r / / r /i. rr/ rrrs r rr" r" G /! »,.z% i✓ /''�'j/ "r ,.r, r r:,..rr./lam»il rff '' .,%<,r �: fr rr f lsl!.;, N W 00 M 00 00 N N CD M CD co N �, / ✓ / / r t r" r rlr //. r /,f/ r/r/ r t/ ". ✓/ � F/ r/ l i sl.-.Fr /! ✓/ !✓r�:rf /F )r rr ✓ r r//r//,' / /rs?llnr/r s ski ✓ N W W M N M M t; � O a O O O O O O O C C O O O O O O O 3 0 79 O LC) O LC) O LC) O Ln Cl) Cl) N N r r suo r � i f s m r r r , i Js a 't r W tw je +O•+ O N V H y > M 3 s — w tw s O - s � F S i > i •N b�A s V i O _ C7 v > � � `.'"'-sa-"r �r ✓s �'" � r r ,.f �'rte:`-r. � �-��'rY., ..rrr `";��"G %rrz-�r� r€.. r ;, ,frf s:...r r r r ,:. :--r 1 r. .ter Y/ �„ ..✓ r=r / ,-. J'. .r.: >' r " .r �.rr sJ / .rr .l .<n f{, r yJ. v/ s /srrly�r>,...' �f r . r �. r .,;r� r:✓sr'u /r/,r' r I ✓r .Tr„ rd r �r ✓` ,r�.>,/�:.,,' .✓ /`�..,> ,»r.,r„f r: .:.>r, >,1. ,wrf r,.r,rY„rrr,,,rf l,.rrrr rr �” t ✓r'�";. cs r" fv/" ,- r f;. l �rl l..f" .r-. .Y,rs.r ,o„ xl;>..>,..,. > "s/ 'J.// s` ,rri/;?.v.. ! .�u C,r "/ {.r sr sr.r..r. urrr. r ✓. r`?l Ulr/. r:".,%�a F "r` G: r ;, ,, „,. -vrr. ,//f1 r.11 rr..r', rr y 5cc. >f rrY .✓' r>J a .r" s s. r'. ✓ f r: r�r.ro f �'rry rrrtf"r ,r rr.Y / , :s .�r ✓ c zu ,^./lr,r .fir'. ✓ ,' '✓/.fr J J/ f r .f� �f, r{ .s r/ /) ✓' r :rF ar,,;tom, "� ",-� T rrta/s >,:�,,,r {... rdr.,rr .�;� r J". /f Li r r,� ss i✓r.rlr r � 1 > f rr' vnT ✓ f�rr/v / /f r rs lr.,r,.Jlrs f� y'r r, r ,,. ✓ 1°..T. .¢F r .�.Ifs ,1..,3 r J. ..✓:, ...,r r e' >;f3Y. / Tr. !„�✓.r`..f ,-` _ ., rYrv/�= v' ,' " r 3J r,.r ! .� G �! ,:r. "/,fYf,r:,fi'. ✓/„%„r .f.rr r..r,� r '7 ar/ „r>.. "r, l ✓../r%rr r” � .`r .%` ,r .s`. rs .rz'' rrr/',.,-..r�rr�"..tl v.`S;". ,i.r .r'..r / r'" .rf{I J r'> /�rz,- s,. ,� sr,Z .vt":.r,�✓,1.r r.!£r'.., r.TS :r. ,r%} /ll�:ti....,Y;'r ,f fi".y > r ,...x� .,'"ii r /lfi,-' ,,'//Sf u'r,., f✓IS :! rr%z✓ .r .,fr rr .r , ,Jn Jr by ,,,r .1. ;''vim r r^{rF.. z 3s{" �f f. .,;�1>`. f € Y r r r' .rf ✓Zy z I .. ..r 5�r...G s sr 1/ ;' ./ /?. r ,;;sr✓."1.,!' r..J. ,.r s r. .Y,- rrr,:.J, ,r :'r, v�r� .}..',:r J' ?� t f ,.r` rr" s., r, 9', ar,-,':: .s r .✓:l rx'/ ✓r air " ✓/.,''.y,:,... ,r ,>r:r ,.F .,?l /. ..:e,.�,/ ✓ ."., r . r^o,., ,-... :.. z .rn^!.t rrs / .y .rr t'/ „rr?{,>r r r r r r F rsr,. r.r .r 71�.,- , ,.,.f >''`r ✓ )ri7 r fY/r r1 ..t ,, rrdr f..j, ./` f/`r l✓r.. 3rrr't dr:^/ f rrr .£�.✓lr,J.�. 7 zrr..r i' ,J,,. r "':, rr. "r.r f..:rlZ 3 s..Y� f/. l ,F r,.f,./f .1, t; rc ../r r� z T rsr✓:!:_ r.s/ ..,✓rl/....>/, Fr ,r>,r. ;'. ...rr .rrr'.,; .Y'.rr r s .�.. .ra% Jr✓'rli /r,1..r` s rf f-,'#. y � ,5 !// r�,f'S'. /,riff ui! ../.: ,`%"r :!r / ✓". ,, c{. r' „Jf:t,,,,.,�er'r? ! {. ,�.. rr` :,r'. s. !✓rr^. .� ".,✓. /. rrr"rrr /,. rr" rJr '�.r" f.r s f'r fi'r✓, fr.r ffr rt. v Yrlr.r s >.,,f'..,.'vY.,/r r` rr.r ;?`rr �1 „ "� a�i,(y'r �". r l ,r.., lr� r { l ;'`:,.r�.I -TT✓lr.:� ,.S.„� /J'frLr" � l/. r f T.r``f „� ,Tr{"xFr 1€. t J/fYr �/.. .p.rr-.;,`/'. .�:/a ,v" se t� ?ff. Y.fj<f rJr..: /z rr/irj: /✓.:l; F _! a r,^... .�. Yr � "rr rv'r r r a..,rrT ,:,rr.,F� � .::,:� {sir .,✓.`,!. ,fi re2�v:4. / J/r€n,.r'.,,. r':. t ✓". ? r. Ii. ""may, z .;�': ✓✓r'' ..f r. a .l r? Zr zrr/�.:,, . ,.,,1J rr li ✓ r ..:✓rrs .",�:: r` ."„n..rr/r r i sr,.r�L ,l?r'r^.t. ,? c'.9. rrr/ r ✓. ..rr,'s,r>nr>,,.,..,.,`.a r;rl/r r r. "��rr;r yr r.�.n J..v6 fvl+'` 1. �� >�, `' ,? u:.r r/� r r r fi�r✓;rr"""' r s2 s;7r,a r,: �!sfi..I `fiJ�`�r: /,r" vYrr. £ .rr, r r .,� ,'�. fr ""f�r,. (:.��r / s .£ "fYrr/ f r ..rr .✓5 ,..,Ir/ y lr." srr S`%" rf'/ .r fr : € ��?`, : :..s.,.�rs S?f". ... x. ✓ r�J`.:,.fr,�slf .rS r/ > y I " .. >,T.c: c?„ �Ix,!.l .r .!, r/,r � n..�J...✓rfi>. .:: k r! 3',, ,x .>.,:.: .�rv'r.�,,.or.� r 7/li'"✓a✓ i'-.. r/`f l.r": .r...✓/ :.vrf'r J.t.t 9 r ">?' r%rr :� ✓✓/r l r, v.. ,_::✓:. >.' <;.? r r?�,€ t c` l rzrr >c,/S rs`...<s Zr s ".r. ?.fr ;.�`". r..r s.. s ' .✓ r`.... .r. :Y � r'...,:J1'�f ,,' �rl ';F'r'r��rF.n,r� rarsr"rf??�f�r"�r` 3f,✓rr.:.S s%vr, rrr- ,S r r T f/r r 7r�s�tr, � �ftl�r,/r {� !f✓� 5✓`1 ./Jr/ar/r, f rvr z cn r /7 ;. xvx ..n;-r Yz? :.3.I c?���'`'f /r'r ry:,✓ r. r�/ .tt"r. lrr.. 1 {�✓r`�,-�"� rrf :,f >?/,'I`.si :s Jsr. frvr?' �f rr?r` frrf rff.";Jn „S.`r,,, rc ?�r/: � lv s.y, of ✓✓rt.f r :trs. 7 .rz,:✓,�i r rzs. rrs yr.r!l'r✓ T'�. /..`�r.l€.�.rfr�..".FBI:,s .f / 1 ./f.-,: n; ;>�Lr '-r'r' '#:r✓o .£f Ir. ¢ l r �r � -..-.f'r✓rrr rffr .t 1r.. r.,r :rz .r r. rf r:�fi Y` r/s' *r o✓r f />r 1. ":v rsr%,,.:ti .rf /f..fr t ri4,s, ut'rr ,,✓ r' Na�7rl Y>." Jfi.. f. tr� �rsr7/(.j rr,. rf r ,% J' rY �.,'#o.l` ✓r v r ./. r r�..rra. � :/�`s '}rr ./f �r .r. ✓r >r...r✓ r.: �s:r..:,dw.3'r,/ �:r �r r ,s/r'/z r.;3�✓rz ,,a. r�T /Y �.�✓s7�/ fsJ-7{ rs al.rs J°:- izrv'. :,r r' l r,,.r sr'r rr✓s .,,'� tr f )rr>=fir: :srrs✓/r fr �%> ,�.✓" rl1�., r rrr'l"..,,r �fj %r✓rTr r?. l/r`'n�?f �rrsnr. d �M.?t�r-`�3a<i. ,{ r L r. ,rv.. r r`�lt� ,.�i�%r'v✓rf f rJ rs' f. Z :."f�+r� ?,✓.lssr` ��u�rr r/r ,rs,/'` }}-.,"" ..x cY., �:v zr Z' vtr`f�.!/ I rJ>..{r r�."./. rSi Y�''rrf lrf`y:�fvrvr�^'. n v! rr r ✓ry rf r sT.z zt��n'�n"-�� r � .. f`rf�Z l zs Z/irr/„r,l� rrr, rrzrs r,n 1y/l l.,.rf rllf fvr.,'; '� £s�rr'!?%fc ar, r�,�€>r'�rf,�r� :r�;:.; �-tm ,�.. �8°n,... rf 'r-"'r'r✓�lf';{/ir/'>yrJ1 -. � �(`YS�>.�dr f!"��zffj�{r�s�:r.s.r : ._., �.�'�f r �1�^�, �r r t�:sS r�j/{r��'?`rYr t.5?°Jr�' �/r� '`..M. s S`rrrrrrs l{s':f/F }� �>>(r {/,zsrY,rni.fi✓t/;v�''fr(r s 4'> ' W 5�.�,>�vey/rf l%rt i� ?�sr u't; fi 'k.4 r�f,F�l/�'%r�Y S}y!y`J'" ,rr5i)r:t-i yr`rF�S�fI s/o�S{•s/'�s` !r A#A ff➢,K ,y r I r ,,T” `,, z4r,� r :� r' .;J Sf ?fir`s SYr`J t r e� Yy f rc£,c' rFr��,f5�2� ?ls� � r�J{✓z�-rs / s�//! r rr�fJ r�/�trrffs,%i f,,r,l:?9r� 'fir F.r< 4.�y 1�f��v,`�f��'�r rr r€ �r7rt t. rr'Tx r tf r�✓rrt IT s J r i ":,r r.-r off f'..�r'Y�IIr��I� �/fsfrffx /y✓,u'2Tlrs r,.3'`,.s%�'r�>t" r 'rrilr�"lErv,✓�rsz if/!lrlr.✓r:rlwi'rc�:pz.. � 3;YSfr'r'G lrr ra r�r�rir ref fr,Y e I/�7r}`r/,yv��l "yl/Jr=r ? � > 9% ��Tt� frrr'.. y �r "✓�yr�r � yf rr .rlry ry frz rrrfo' rc`� Y f€r�� L i i' � vrrylrs�tr!r, � ���>>lrsz�,v%r/f�i' ��s � � }�`.�''`����r�v !r✓lrr err " rY;�v� �� 'v! ✓r`�"m v c �z}rl'sr%r�'r� Y'`v g.f�"t Lu } r�f W y Pa i r✓r fsr>r�r. � � `r���rr'r / �a �I � r rrr�r fJfr frj`isr>rrf /�/t r.r r7/rf jrTfv rr � ir�t `r���` �t.�.�7ri rf��ir�S�rfll�yr,`i r�flrf�rrf'fr,,�f`,%'rs`•-'`�sr`F��rf%.fi i�.rfs+� -+ t 3 ./ O `:r Qr` .r�,:. r' ✓'`zr r a' Y.t..7 r"fsf:✓irr tYrrr lrrr`r,!f.%/lr €r�rvS f r,r/ r. //�� rs 1.,. � � rr,T/sr `rrr���;r yvr f�fl trr r s<✓"%cI/:lrTr ?f -?/IrFf r$� f' Li s ".fir �. x ? '�Jl flrj -`�ffi lir�l✓sr 1r%'rry rrr'/ ?rr'r{fil�rr ` y t )r 1. r. 7 r"#. /r'rrr rr xvf'�r of T zf✓�rr's' S�Y{fjl7 rte..,r yr xr Trr (rrJ/ }r 3 A rrr/rJf�lj7€ frr rt r�� r�x��frr r r r Y f l r` av fzsrr 1 C! .r!..� �Ci€r �«� f.i`'`,✓i/rr, rs'T f�`?f?rF:�+a .r�T r'+J r7 r r rr r rrr.r'/��L'l r fr`T rr rr' Ih r r,.. ;, Q v rrrfr S,:frr�rr^`rrf€?SIY x.:�fr!/s ��fi,'rJJ�r'rc z✓l .'`l t% 'r y,k �:^` cf rS✓f,%: �'` rr#"' fi/r r c sn r f nMal r% _ ?n{sfrflrr'rsa vrf/ iv$f%/ra rlrlG ✓r''%rr�l rf1 ✓s';?{,.vim 1"srfrt� r �` :. �l rTS�r s✓y�Ysr�r s�rr:'r r T:r r/ a o �r / rT✓ z,rry s��.-. 4� �. k��f,TJ,��{ice y�� rljr✓r"i�r�Yrir'/rr'%f�t�� {'�`s`'`ri� s�tf��� ri <, r rr{F I .rT r`i`v r`f✓£Sr>rr rn fl s � ,*r r:G �`` }�a� �r�?rNni;�,%ZrlrJf£y�,r'f�`i f`�lr/rlfirri'3�fYir'�<�r�r�rr�£��f r�9 £��".✓r�`.:2x r.� Milan ' c`4 :..n�.�. ''� '""��r ire }�r,IJizlr/frfrl rl�t�rf%rt c5'�/,,. c rf`li!r/ar. xr✓ vrJa nn � '� —" � 'kv�v�/ m�{ f�rllf`r/ � Geri ��rf�j� f�r/f1;. ?✓r{rr? :.�, � f./'�3'r ��f✓7'��tr'✓ rlfl:�'rf�r�r�rr`��r.rr rirrf�fr a : �Za jf JL�, srs `�'�tu`»+I✓r J{�lr�lf�jslrr Y�rr%:"l�>✓r�/ a C? ,> r rr la,>; }f r� r✓ firr r T �Q � i1 `✓'�YrYr,��u rrrt/r rrr!7 fiJr 5;f✓v�f 1`fer>a` , NZ 447 0 rf r� t r ,�r�✓J�slr�j���? 21 : tA > a r AI Zt � 5 r k i 0 `� n°z O O N Ln N fu 0 _O fu � O r z fu fu fu Q N O H i v O 0 i O •N O (A Q •V a.:, ca O 0 •i O O �• N 0 0 -0 _ cn +-' •— i N m i 0 M 4-J am m MID ZZ f +•+ N U O N a CL N 0 O S m O r. 0 +, o C:_ O m O a--+ a., a V m O �p .� tw w O E N ,� •gin vii V }, O cNi� m M v) U Q L r m a- +N•+ t m m } aA r N � � U N r O v N � N Vf LU J CL U 'Q C6 i m , U w •loom c6 H 0 a-+ -0 O -0 Ln Q a 3 U i M O 0 a V r t r f r f 3 z ' rlf f C.lPu i'4lr��iriak'I� tU s9 r✓�'�sr2lf3�tir Z'Z 7 1 Ft?1r s Him", f� r� t1u?r17 rr{cr-Ze yr sr� tf�i Zr `r sate f G w� a e; 4 � u w� 5 Y r s� 1 z lit e r r � tw N cr fa O O bn ._ ._ ca 0. jtt M z O w > _ 5 ca can bA �' E N Sd O N O w 2 Z 0 O —,Oj LOL U } 5 r j G.e l 44 ( 0 Gbh t + uj r a^ f r •_ > +J C W 4-+ O �••+ Q E CD _0 N 4-J O •— N O +-+ Q - i i ; O •� a_+ O U cn ca tw CZO N N C v N 3 E N 'ca 'U C: 'O 4-J V O O O O O v� � +J (3) V +J Zi W V c f]n �HflRYO AGENDA MEMORANDUM ILS for the City Council Meeting of September 17, 2013 DATE: September 5, 2013 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E. petean @cctexas.com 361- 826-3781 UPDATE TO CITY COUNCIL Joint Land Use Study Presentation STAFF PRESENTER(S): Name Title/Position Department 1. Robert Payne, AICP Senior City Planner Planning and Env. Services 2. OUTSIDE PRESENTER(S): Name Title/Position Oraanization 1. Captain David Edgecomb Base Commander Naval Air Station Corpus Christi 2. Foster Edwards President/CEO CC Chamber of Commerce BACKGROUND : The Naval Air Station Corpus Christi Joint Land Use Study (JLUS) is a project that was initiated by City Council resolution to accept a federal grant from the Department of Defense Office of Economic Adjustment in April of 2011. The JLUS was conducted as a collaborative planning effort to encourage compatible land uses near NASCC associated airfields. The JLUS contains a set of recommendations that would prevent or mitigate encroachment in the areas surrounding the four airfields that NASCC uses for their military training missions. The four airfields are: • NASCC Truax Field • NASCC Cabaniss Field • NASCC Waldron Field • Corpus Christi International • Airport (CCIA) LIST OF SUPPORTING DOCUMENTS: Joint Land Use Study Executive Summary Joint Land Use Study PowerPoint jl'r7 n ��?��7sG�rl h l� � i t���t���c��Jt J��f�! /�Y � � �}?til � ' fr�r?f � � �i vF �`r���`��` r.��,�� �t�?��� �'� 4��"'� 7��� o mfr ��� %i� �f����rl�I, Yl; ,�. ✓5� � � ��,'' iii�'� i �i ,, ,. i, ��l i� ire j - � �v i �� °% � �« ;,- G b � �f alri �a i� � r �F io� y ,��.�. � � �'� � f f � r� �� �f� � / S I 1y ��U �� f s ., r .,, ,,., .,;, ,,;;,, / e��.,; ',a,� �l�ff�lf ////� ,.,',;,, ,. ,7�%%f� �� is p t,,; ;�;'. �;,,,-.. � ;,, �r � ����s�,?�rf� A 8 NASCCJLUS OVERVIEW The Naval Air Station Corpus Christi t� err (NASCC) Joint Land Use Study (JLUS} '... was conducted as a collaborative planning effort led by the City of y Corpus Christi, and in partnership with Nueces County and NASCC. The intent � of this planning effort is to establish +- and foster an on-going working relationship among NASCC and its neighboring communities. Aare The JLUS was undertaken in � �se an effort to develop a set of .�. recommendations that would prevent or mitigate encroachment in the areas ` surrounding the four airfields thatd NASCC uses for their military training missions. The four airfields are geographically separated and include: COLLABORATIVE PLANNING • NASCC Truax Field • NASCC Cabaniss Field �� `�� ,1 The JLUS planning t rr dtrrnrtr n�2f process Was designed • NASCC Waldron Field ' �t��r rsr'�' �� t0 Create a locally • Corpus Christi International � � s :' relevant plan that builds Airport (CCIA) f y consensus and obtains y support from the various The term encroachment refers � stakeholders involved. v. to incompatible uses of land, air, The general public was water, and other resources that may �' y �� ��� instrumental in the individually or cumulatively impact � ''` development of this the military's ability to carry out its JLUS by providing their training mission. perspective and feedback, both in the JLUS public forums, public hearings, and The JLUS recommendations help through the use of the interactive project website (www.ccjlus.com). protect the installation's military The project had two committees comprised of stakeholder representatives that mission, and the public health, provided guidance and direction into the development of the study. Specifically, safety, quality of life, and community the Policy Committee provided project oversight, guidance, and decision-making, economic stability. and the Technical Advisory Group assisted in the identification and assessment of compatible use issues, the development of recommendations, and the overall report development. 2 JLUS RECOMMENDATIONS The heart of the NASCC JLUS is the set of over 50 recommended r strategies that address compatibility issues. Because the NASCC COMMUNICATION JLUS is the result of a collaborative planning process, the L recommendations represent a true consensus plan; a realistic The city, with assistance from NASCC, should establish and coordinated approach to compatibility planning developed with the support of stakeholders involved throughout the process. partnerships with existing conservation organizations, such as members of the Texas Conservation Alliance One of the recommended strategies is the establishment for recovery, enhancement, and/or mitigation credits of a JLUS Coordinating Committee. This committee would that apply to wetlands and other natural areas. be responsible for oversight of, and monitoring of, the • Develop and distribute Bird Aircraft Strike Hazard implementation and execution of the JLUS recommendations. (BASH) educational materials. Through this committee, local jurisdictions, NASCC, and their . Develop a process to include an ex-officio partners will be able to continue and strengthen their working relationship and partnership. representative of NASCC to participate on the city's Planning Commission. Key recommended strategies include: • Provide notification prior to executing land sale/lease agreements, such as real estate disclosure statements, to be included in all future land transactions within the MCA. 'rte PLAN UPDATES • NASCC should develop a Midair Collision Avoidance Pamphlet. The pamphlet, electronic media, and / or • Develop a Dark Sky Zoning Ordinance to address night website should address potential frequency interference training mission requirements. from wind turbines and include instructions on Visual • Update the Corpus Christi Comprehensive Plan Future Flight Rules squawking and how to make an aircraft Land Use Element and develop a Military Sustainability visible to air traffic control and other air traffic. Element to address land use compatibility near military and civilian airports. AcQuISITION • Collaborate with each of the five school districts that are proximate to military or civilian airports to modify Develop a plan for annexation of lands south of and develop School District Master Plans that address Cabaniss Field to assure compatibility. compatible development under flight patterns. Pursue grant funding through the Navy's KEPI Program • Modify the Corpus Christi Future Land Use Plan / Map for the purpose of conserving environmentally sensitive consistent with JLUS recommendations. areas near the installation and outlying fields. • Develop a plan to identify preferable locations for the R MEMORANDUMS OF AGREEMENT siting of alternative energy development. • Develop an interactive web based electronic military Develop an MOA between NASCC and TAMUCC to compatibility tool to proactively assess if issues exist formally coordinate NASCC as part of the future or may occur in the future. development review process in order to identify if proposed development on campus may pose compatibility concerns that could impact the military ZONING UPDATES mission. • Develop an MOA between NASCC, CCIA, Nueces County • Establish a Land Use Military Compatibility Area (MCA) and San Patricio County to encourage and /or require Overlay District within the Corpus Christi Unified developers to consult with NASCC and CCIA during Development Code. the early stages of planning for future wind turbine • Update and amend the Corpus Christi Unified development. Development Code to add Commercial Compatible and • The City of Corpus Christi, in collaboration with Industrial Compatible Districts. Nueces County and NASCC, should seek review of • Consider rezoning undeveloped lands around Cabaniss all renewable energy permit applications that may Field with compatible uses per 2009 AICUZ guidelines. affect air operations via the DOD Clearinghouse • Review applications for FAA Part 77 compliance when Review and the FAA Obstruction Evaluation process to permitting for tall structures such as cell towers and ensure compatibility with military and civilian airport wind turbines. operations. • NASCC will encourage local wind farm developers to enter into an MOA to outline efforts and actions to minimize interference with military operations. 3 l�� ���}diz's Y f / ✓ ..U .r` y'S"S;. 7 Sf»✓r:n. �.✓,1= I S S" if,?f S.1I,9.{,,,a./..,.Y�.�._.-.x c,.f„f,.n, .;r,✓„b,J^., J l f Y I z�}` 9,^ f+F, f.,,,t'rls.. ” .u r r r z;',�✓✓Tr s!.,'rsrc s ut %.?,? ,r tf 1 3: ,x;3,,7.7✓.,.r`I ..1 a >.fir,r.<ar,>X zsras` �.l>a.r., 1✓Fir's.' ✓' �y s 9...;=,9'r'#r,a ct .� .r.....z�. ;.t?.. ✓d EhS..t3:fis ralf�, ✓.,F'/r �rf�s.0 l �„r,,.Z.r<'.,z>r...,`zs., f�✓a,�r,s. .{. t✓` ;1 } tr.rru ,...r:r, r r✓r fr(lF r� YEaU.r,i r f fsr Tl,ttr�l s3✓��` /n> >uf rlr�Y 2f 5 s�trr% r L uz✓ f i✓ r U fTU�'.� v.� "mil Jfcrl ' ft�'���rs r`s�a,:j`r�r�rl�Yf�Tfr�ut s✓l��i T'�r���i;3'��F�"� w;iY s'�f "�rT�`}s f'�+� �y��;�`0 %�€r �%�r��,r'r�£<rr✓ {' ✓3r✓r f✓�r{?7�rSSrr rru f:r t,�f F,nr �'rss?� ,�� �rlrYrrr�r�rrrrt� �rrXf rrl zrrU;r1rYr��r�'sFtl��&f��rff{lf`T�'`� � FtrlJ� ?G �mriza2=�� �r�✓Y€?,�ra i�G�i f�r���Gse�e�s�S�� � `���-� �r`,%Y/fU r r s 3stt is � i '✓rrrtr lf�s,�u����s�f���Ur�rU�tr✓r 3�yrr� Yr Gil r” tr3rrrF ���ty,�3�'Y£U?zf�s�`G's� G 3f ,Sfsnsr sa —�, f ° , r rj�xUs tlr✓it;l t''S '"�,t�/�F�u;�� y�,-'s�� r rr< r�� T:'UtF;I rsi?t>1''�f rr ✓?�{ �r U✓YFT�IZ�`fZrrffr�����z�r�r� >`'�y�"�p��l���'��z'z ��rlhl?`r7 car`z�r��rflf"I€�i�� °d®" �si'�{>}i Xr �✓Gl - Sr1,.fn�mtfr rl-`,✓r7T a 91 f r }I vtj'Jfrr's�y� r` :. •rrFl ���rrFrt�rrr�f{7/Uf r��'sGUr�,f� ut<`1�Gfl y T,� ., �r� "°��'�q�,�,: �`ri'�`,t'rvfr r� rrfi rfrr�f ✓„�q3 }n f✓�sl's,✓'�Ir3 ;�irt•�,r,91"f+s9�� ;(: r,- r°� I"-i3s�Z�sl�, � 1'r' rz, r`f Y`��c, °d_��,"�.yy..?/rz�� �� w' 'Uf€a�c✓!��slF ��FT✓nazr?6'}f fr�r?sf. z Trr U�r�£e�✓rr'„ �la,�� }a�irf r"Y..par��rrr'✓rfrlr,!`rrrA^ ��r 27: �}�'✓rr sl��r�r`frl, r r U P frti u�<'«„ r`'�f �rJ✓` i I r 67Ff`uz py 4"r'r 1 F r{fz�'^fs'% fr?d�ul���rfJ��r"z; �'s 4 r� 'r�rE�'F J'Gf �j�`r�lr7Y{�?:>f 3Vtt f�'r,�..;:'11✓u`=r r T ��✓r��'�"'<l�ls� �t Y� Y r�s✓USr rve����h� 'Fri;>s� j �rfl ss✓ '�{l NUECES BAY U s ,�-ti>rnI l�{.r~l�s >� "' _ rr�rU�7 ��rs: 3�J ✓s+ jr ��zu.✓sss rs �, `",�l,U 3 lrSj>tfi ll7rff/�`2't`3}tl Sy✓r LIS,ToJ��jFt� P;,?{ff ✓-. /Y(^f`7s`�j sG✓o y?ls�rlrsUl �S�rYU p I'� >,��`z£ ._ ,. ,; fz}a" y?r r`'�✓.. f>�f✓�✓ ,?,rGt✓2,'s�£a�-,a✓,T�� 1`�43`G? - G$t'f� ..,, i. l�✓I ;r ��� - sr r�rr�rr��r�r��1'r���rU rr✓ rrrf rroarYrrrrr trrfla r'' I rrr: rnm,'r , 7 rr t Urft'rrr lteU rf�S�<"} "' _ `• � rr�rftiU Ir✓ blrt3✓fn` a » faf �rG _.w . /All E.'fia 'F•r r-'fr,�7i^fuU'`GSrrr ! %�s''%Pr/t/. ✓//ur 44 r r ����f��l��,l',�r,.m�1� �FS�3��E'I�F7`ll✓✓hi�-a3�t s',tl�r,�f'`�.r tft�f{}3 {tr�� rri7{� ,..: m°Ine�. Y � ., - t i "'".. �Cor use Chr�st���Gr�°�r��Yrr l� am"r777f `�`'r Fr'�p�?rr�:trrrg irij`'�� }3:✓r��'T�t�rfUa��fr�rr tsr�{£isrrsr GG`'1 ��rl` � .� ,�._r.,. i a �rF}rtay�u�'sr��{"s�jUjjl�`Slfrj�f,,'✓��l�t :: r/s��,`?rt�,'��,�Jr s rrhtrrU £ ��`mr� �f c?^`, � , sy. r,� r Y zm Si,''✓1✓„<nl Grrltr>r % �, ��. � ,, [ r5rl=,rsu 11 Uafr 3�✓r<;T�y����u'�rsrY 4.u��rF ifU'r✓�fj'��zilt�7} rfln),,, I I fr�t7� € G" � "�..?i �s Jr>r✓arr, rU rFU�?l7�lS£ Ur 5 +z�r'rr3vu t >l �r.� �� { z%�r�<���r' pjrr�r 'S�i�US€t2 �✓r✓✓r^r s sS£ �F °-�. _ 'rrr ,.,,,._,r r,r fr�Sr`r£' .fr!✓lLfsf��firtt'rP 'I chi��ss17rr���l�rr>�t rsl�ta`T;,.. <as>�:, srr+7;£ z ,:. rlG`rUrU�sor,)n 5 ✓fr r r r,r t'r� v`rrs{rF�rr Prr n>f3r7 i�?.m,.,, rls =:. ._......__-: „� ;; :. ytr,5`'''lF l�r}rll rtrr'''G;�Ghr$}u tT alai7 rr ifs$,=`y<IS `3 tau u.urTr r�T�f�SiyF!t'zus )IfY .a„� ( zt :,, a",`� ;, fl{U�+ t �� 1iU r ✓ifs} f f' y rU < 1 �,�r ���, trr�'r�l. Ir r tflssrrrrrrU'Sret�'rU°��3{{i r ry�ar�f �Inrr����>Ur��Fls'✓ U73, s'�.rrftrfr ��✓Izpt-rrr rasa",."rrS r r�t rrrt.3�;r�"�ts�"a,,jtf�,r ��r�.r lsu � 7. firr r'm'�/��fs „r+'�st✓'r..:.r�rrlu3. its �^� '>�C1a .s}r`'•.£r 5arr`UaftT:x '�'r. ? ' a;, ��Em gar., rrf✓lr{,lisS�S�U}1 FF�{3rrti�Ur<+ �'?:u rr✓G,�U�✓tr�n�U�r ss' `ra/rfU{3>"'s'i�� e.fir;✓"ys1. f,f, {tF TS�)r,'�. ..., �...: ,�Ur'r'frr=�rra✓lra uYrt�r s'�Gyn��'I✓1rYrfrn rf?f✓rr,..)rarv,-r��rr✓r„trnt",'.r'rt; r{(y r, �€x'h r•TTi T:.{frF.�.E}.'r'�h^,i��✓�fts�.r�:�>�: l9"'��4� ;nr l%s.:'S sfr'#�?.f,��'ar''y't�f ia's r'i"?�` (. 'F ,+,' t,,; Yr ��,rYS:i�f3z } raa�r�rG✓rsrr f"s UUr�rftfY�j`tnrrJr>r�3��F�/✓�U tt �� 'nrr,r "rr'nl�f,i rFT y 3rr flf F.a.:�7r�.fG' F' r} rrs�YhY 1,�'S;I3JfSr'u rrYhi3r��zrl s' srAtzs �. ?4e'"=a:,. � ,r ��<✓,fir;as✓,:; .�Y✓r'Sr{3 Ir r /r f/'„^F3.a fn1Z}U rU. r ri .i Us..u`'�(ul s .r';� zaa :;. ,�rtir!r.-�tt�� ":�tu .. ,;,f frftaJ.i�,{r, Te.✓✓i%s�rls,,f Fr✓rF s lr✓r.. fzr✓ft lfr: � ,!7..r rrrrftl�r r rsi' ✓ra`'s rte, >�. � ,+ .;' �Rr r'. r1:-: ;.,�..InFFtr ,rfYPfr s"�Ll^`f r b)F�.Y3Y r✓}rr 7r?f"rs u?3.. ✓a{ll�""t rY rrr";�f�h/ ✓ 3i F .. TS3 24 s <4s, s' .r -r ,,a+ E, `.' ?i^�rirlrl✓.,r �{Gl fd'�7:� s Z,rr3ntr�.�E??2Yrr ..dF/nrtiar �c:'cI.rrz'I-`„{fir� 3.''2P✓.,`F rr >t; .x• ...,.,` o' `, ,!r ,. �r�rrf eft, p rsS{ �r uv,sfr� Sri Lr a ✓erg ?fiF d✓ s „ur?.l �ftr it�.r�fY: s<T{✓r'2r�"rrrtr,?r.��`/t. -�r✓'rk?t.Z�>)f,,''r �TrJUrr'�F Fis Gl'?T>�"'i lrr' ,r�'. .,. »� ,,z-fig tv�/w's(....?lcj.rr�trrj>'�`fi�u�?.hu riGrrfU ✓w'�s a�..T ?:r uUt �3U Ir r';15�Plm�i� �Jr<ir''.. rU sv, S Ur>s Ur�{!sr✓ ftr�3✓. �r`srYsYS`r r::e Is``f�+?(r'>3{rtF >r� �,>rG.��rt Eris�3.��vFalFS✓Ti;u�t�YYU���'., FF;ss,� ;� s r�^ 'r✓"rr }. rl�f1 n/I F �./.,i$}I,t''r`,'i�z`alt r�.!}-..ffS >rj`S)>. sf �/ ✓'F lYr✓r',\Sl?. (l/n�. , �� p� '�"�' .atm.,t.,if rr'€tt Y..(Yt Gr✓,<!r' (�3a?al,r.rlxs,.,Jl. r ft ✓� tr r U - .71.a rYf r,;, <.�.. rlrrfrr ..r✓a G Tr rU.0 a✓ sUc r`,.r�s-J rU lr.. rft/Fr�i. Grr. ./ .rr?x ter.; r} .,✓. .sr rf{.. ,. TFr9r'sry. l,?. rft.. i rm` rf i'1 L;t,-d7lc 3r. .rh r ,s rlr/' zr�rs .Y,ts a>l,- s u>'� S fl .v s, Sr ,- fr' 3 Jsf..✓r Cor -� usli/7/"�St� ,ri,,,r.G�1,,?�.,,.,,,r`f>�s. c Ur;�'s ✓,, > U. r... .l G" ri Urrt.tr.:. ,rY €yr.a�.ItfrtUs .} rr Jf �fti.-- t fly s.: ,� .:� p , i.. Ur Jr �. f.r f ✓ ✓r✓mil Y2 f sar�. fn rr t'a-'lrlr.-`a�rTS l�t.a� /� s{�7 S ,r7rz, lrt,f!�F.rr'-,:.,, d:: ff rr�r�r.:�F„ P�2 }h"rr / l Yrl f t z�l✓ 'r r U m uft u f l '> rTl cy a" E `-. ,r,-a rs.Us-Ea lrs' J✓t✓✓s3,�I ro1ft./sz G n✓ ,✓',r z. ;r ?. a,:r;�s Zrr ra.:h?�r.^u Y rf!,./lrt .,.✓ Irs :.. ., �`r ,,,F3s^.5.,✓aru f.,taz„ ,zG , ,,,,5.,✓ al to .✓`. ,.Yr,?G f rs�.T"' t.. .r 1PUa ,.,art. „s9 .fs.3'`tll rlr �z> ... : .: �.{�r�r y�3r7 !� v}IS r, 1. sr ? Lr r/�yly�r znl%�'?3 >T � f T✓ r`. v f sr>z US>r rrr>r,�'U'� �a � ',^ ,: ,,:,, it7e. P.a,.f r,5s rUafsf r�%sr t`f,✓ t r �. Sf7er„ J>.r>r ,fmr, lif,uF r. rr,-. $u✓ ?r✓€�F. �l l �s, .. F ,, � r r✓P{ t �✓r',rJ3 T r� ,>ffi.<.T'IS,,r,Sr t:.fly,r>}. .Sr' ;IY.,`G{� yl.ma.r r„r�,s l.. a}ii, 2 S r r. %?�lr'sa, °u-,. rri 9. f.z,.. ;`�rr �-,r .7r .'fl rt.F.;� �}(1,?k,.tUu f. ad r lr rx✓s?7l 'Tt`a 3 r r/'yam”}r}I✓li"u �< ° :.. '_ 'il z "�,. ✓.,IUr�lrsr<„ar,is T, rru' �.rz%,rfcflvrr .t. sFf: .✓fu;> {3,z fl,<;r r;,S7 -fir.? t��'r' rs ,! .s�lr./a n=.,G. _ �..s.,s„==f,F :m,a..0 ,,.,,rrr ?Ur,.r 11 Tl` 1.a. r r rt. fr s� !,✓ sa s1 m=,r,G.rrs„ r} F mars r � .rrl T�1 sr,r rr rr r �, 4 z>;, h�.�✓,u_;5,1u I .J�✓..llrY3.tli llr''a�`� S !uG2£t.., r�Jr,,,p.IF Pt'l tzr�/3`.,'l".s r"l�Jts�T -'t€#�G�C ,S�S,/IJ J) YrYl,:afr/�f/a.`�' ',.,.? ,t: ,, f� .,,,,. .`rIC" "� t 3m ✓� T<€' ..r tn},r?= t�p UF{✓.ra�,S' rs,r' I� )Oast-.�Ixrf ra 7`f2�tr}- -`r rd. ar.' ,, ..nom.. r ; f.�. y.era.� ":' rr s9="y�r�s t <✓ .>.tr ✓. ✓. frrjG Sf ✓'Y..r?t"✓✓.'.; !' r(✓r, ✓f' lr`sry'S rl, ?'7)f...rz,- ry rrzsf�m � t ff.rt lrr t s t r rsgf €s r Y'✓Y F-rS „! ,rrr,, z� ,,3xsu��,rr.S r,hlss,.y✓r'r. ,, 'smdrt3_ ✓. rfl� F ar%✓z.r ft✓ - .✓I r✓rl .�i3 fsT I',.ssr` .,mra,�'rS>r' � ,.ff.,✓rrfirr.;'trr..✓ � .v..rrc Tlr a ;�,,. ,.,r2m�Fa � �srr,>,,.�5���� r ..0. ,Trr s✓ s ✓r rr:' � �z s a r`�.>�lala».rn�' Ga,r>� 7 ,.rF}a t�dr✓��uu r�r7a � s=}r fi`j.Fal. ;�),,,sU trf✓"r 1,,, rP err J7mJ 3'�rY�r4rr 3,' rl,u ..�/{`Fll rltrr ?, w, >-*r-c- ,�r�.ar, ?rr r r tr� /Irs✓!G r,,�pft r r /m'�. rlu Y 1�.rf t:✓f � `✓tyT r -z u s r� l:.��f��?s ss3�/2?%zSP s... _„ `1� �°'; ,...t a,��,,. r�r!"iPr r"g s It rtrlvs rr.f rs.7 r .r F s✓rrrrsr 1�rrrr,USrrr`Trlft r�` t lr If ,�, � .a 7fj r ftl> Yz' ✓ fir. fr:ti hl?�yr,. SU/ 3 u {s`.ri.�.{ �a�frY"INS;ts„r,mr.. r r3'; 8=� ;' ... .e .... ,. ,., �,r,a,.u�srl ¢tr.tr ..�rlf: frt .r,ftr� r-.,f.4.1r ✓/fr/ t..s, �'. �fi✓`r3 x,%£ ✓n. ,r� ai s .�sfz{ .., s` ,g, �rz-�//1�1�� r�„hr`s .,�'si 5f� ` �?.r. r ?. n"i r rrrf ;�,,,G;£ Jr 3!�s9 ,I. r� r Prz�r,.rTi,:;�✓n.u, rvr.13 ..r✓r.. rrlr Tsa....rr,r`r✓nY✓:rr,rrr{. ✓r.r�rrrr3rr .rrryr nrz«ru7r � Ga.y,s✓tUr}Gr £frrryls, � �” _ F=' �^,,.. 4t"r"trlrr r?"r�rzr� tuft. s�✓rl'f;U✓rs ��✓3�` �IzF rrra .u�r f�rr� F t� 7 ,I,y„ <Fa,,, t sF Usr�� ���rl J ��2r,�rhlrr ,TMU .t..v a3 ,, ej G>:rrs'a rr'l nl if rrl. 'Jt`lr;.sl.Ur Ss3'°r>:i't+{Jls rfrrJ.�e^l rrz✓nil'^:-,rls "s. ! I, ,. gP„t�7�1 z=" �T�r�� ,hP.,Ur>�rsys✓ffir�sr�.�l r„n�rr.�2.f3'J7 ..,}. t2a, 7� .s.? I t��u`>ts;n,Ff}'zrl 7z f/ R 5' lei arf✓^I>Utt?j rs .r ng.G rr`'ftl Y r �..ss. v,?F�- ,. .�r,r€3T. ft s�2 x r, n s.,.f f t.,r. r�, 1 r ,,,rs 1 m m:;(rs>r.,,,,a,,,', �.✓ 1. ff� m✓1 .;a,tr' ;"f L.,1� ,.r.,. s�sr � ✓; s.t� _ - t ,. r.rG m ..;.ss �>„�✓nfa r>r3;,.��„ l ,r Stc .�`>., h�;✓s,ai',� as>s.✓ £�,<as.,r ,Ir` 1 ,. r� ,: «.�r � P,;U4.7 rF ,.�.5 i ftar.. r'/rf v.✓�rF 1 rr' :�rl 11'frsr,rr,FV„s<�rs n,f a,>✓tr ✓ r r� Si >�f S2✓..l'.U'� z� .,r a ✓ > � cF ,v fr.nU J r .Ir .,;� .1<r� r r .,,,Zr. t✓.,, !- {✓l<??re„-r,f�'<.,,r.7�f L r tt s'?a Ir;. ? llfl.:G✓r I<. �r r �a`I �* m.��ss,.u, .; l r:ffr- � ,1l ✓G` ✓ .:-r't. ✓ r. .t. U. �r.2z r.,-,w?.nr'' �r�`.Y. J. .f r3it`2a1.S< a,} .,�,,. u r '_ '... ...> ,, t >a.- 3ynr�rl.„ sir l Y✓ ..:� .r m,l�,sa.,...,,Sr..1 s..;llmi�t ...� .u,crr:?. t.iz� r.., , s r, r S�, ran 2 s, S s:...r / ,✓' ., .,,; fs r r rrr,:?�.f,>„>,r;' ,..,> I s r r t,.�,.�, ' , .. t„ l:a, t✓s,.fr' .rrt. ,rrft €r. .l,> ,v s..r sz ,�, ,r t.7�rrss,s, ,,,. £ .>..f., v. t r7 s�.s✓ ,z r y ,. .� .,.. �.,Yr>z,�.,., ,amt u.� r a3:,,rr .,r.r✓,` �.�rr,sr"Jir G.=r r,r>r,ieP,,rrrb., r' Irr. ,rrr„_ 1' .ro” .�J. ;=. r. f r r l 3✓7 G ,sz,Tr% �< o,.,. rrs r,,.ra r,urrr, sr rf S„ ,r„ �t 7. ..? y r .?.- ,=✓ ✓ m ,.rrft>�fr ,�,.,arG, s. z .'.,.✓ .� r`. !t! £E ,.a a✓r,:r� s ;r ',, .. +:. . r ��.<,G«rr Yr l' s m.. ,z,or�,rrr � r r >..,�,...✓zr✓slr!r:' n1r s: s,s°.,,... ✓; ,,.,,_>m ,....r { <z .,, ' 2f. ..1 „Is',,.m. > G r,.,,,z,✓a.f?r.. r.>.l� ,m's, ? s'P, >✓.r,rr,r„> lr fi .r a .x fGl� a>,,,.:�- L. a ms,=aE ar.,� .3G, , cf. ,ir, € r�l.. r, �� ✓`., r r o ✓mT� � >,�><>.{��rtr ✓✓ :” .mss, .nr Uzasssrr �F.. P a7r v'✓' ,,,<.,`, ,,. ,,..b rlr, m,l ✓reel;., P rl ✓ lfa,s>„ ,a>>al..rSJ 7 f ,,,�f3r;>l✓�ffiF�a s.,.a .53✓ > rrl� .Y, z,s ft,,,r;�rf,l,,.,,,.a{ «..`�.-sr s-; .ns.;.3,„mmf��a->„-u... „r,.m, .,,. , �Ss. rsG.r rr;�lr�:.lr tz£rprZ <„a..<f�m l✓I r/l> ✓ r7 r�' t?r'., r.s.�„sft�k�3ar ��._ F 71' ��rr tm a }>1 m.. ✓ ,.5m +�`�4f � s>= rr✓t"i"ru��� .r,1,'u r"r�>U rN/r m.r9il s aaslr� rr'ft1 ? �..:<t 3�l?i,?� I#�,;. _ • � - ,,.... ,r ft a �a}rzfs,�ti,✓�>u�t 7i .Tr>fi,,;,ca. ,.<.� .>m� T.,� s�r � t'r5 r�Ssl�T`�~ � v, ,ir .r<I L lr t r't 4: .,fx,.„r,,...frFa 3. r e,m..,��ss, r� G ft s„ ,,.,,,; .>/r;'F=. S ,f,G'. ads-m I;,.. �,7<„F✓v.,�.�r.. ,a ,. -Y 1. �,✓n.,r, ,<...a..I.<,� .J/.Y. rr-F. d,&:.n?�r6er ,�.,,,,i'� .F,l.rr= �., f; .n,.tz,rl e, I .r .c s, Yatr, � t..<:.rf .., ,j7C,s -,.>tsa rs..t,.;:�. � Y...?.G,�.ns�,..,,<r�✓ s: rta6rr�/I.. .ft :;'%. .ru r t> r tc..-.=%%a,a, >a.,>s ..v.., t r .r. }.f. ,s r �'*? s>, aa's.�qtr r, 1 .z7 ✓ >s ,ft 1. .s?$ rP.fr` r,✓ter Yn„ f{,r;�r-U z,�: :r (..m .✓' krn� r3,. .,3,�„ ,✓/ a F;r� a n, t, s,. n „f -'I r .-,/r f -r< n= l r, o>Us fo..r rite .z,.✓ .✓l r. 3:_ 7.a s 3 a ,. ?�r .azt' su s U✓. ru ,��` ,trs Y-.a ���' Ul �. Y >s, ,ua.3:u SF ,rr', fr.. r P.ir. sr .2 G' rlr r ✓a ds., sta tr ra. ✓ ,rG, ✓. ?�, r � r', r1a<3. .F„t r' Tr z✓LS rr .{ .'r%sus` �-.?,,`Z>� >r,1 sGlyr.. �.z. Ir rr rt r.Ur?>s, �.c.,J;�[<>, ,r r, r. S✓? a < `"saa��"t r 1` '�sr. :,,✓�� f �{J�,�',-/%,t,r 5. 'r`i. `�1r ,I52 !,7 It �'v.r„r:,.:r .r`Aa.0 Urz /=,Frz .:1*, f�'r �&s < �:? Jf�?r,Yt i i'ff>�r�:.�r �.5:•rrrrr ,�.< & � .€f-u' �rl a..�°?r�,. s r3}rIr YI�t rr�✓rte ,n f � ? !2 1.} r r� tz � rfi y I l 4�i r 1J�B�i�J 1r,C rPI S„t ^f: �; r �:r=u rr U.r r�.„rf .r:.ra;-' sfaS f.3 :mui<;v��fl.. r•'•s ,3?°:1si{sllr rU �UP.�,P.Sr¢.�i.�Uh r S.r ,.J{U y,..q ..r. ,u ,,,y f a. T;r j t :v, ,/' r.,ls� ra`i.r .irJ r,�- .u> (u- 2 s r✓. f rt rrl✓Ir ?.. ,t .rf,,�..;t` ry �. �.< . i,r ✓s. .>e ,m r #C:r�`1 � trr✓... r .;f rrl> I tr .. ..�urr✓. Ifr�.. r 'rte 7,., p' ... >. sr r�?.✓ �✓ ,,,, �r/ r r, r 3�t ss ,rrr.. F,r„ r. ,' ✓ aivlr I (r r'a.i..� >,J, �� ,r” r.. {,> �r7>,max, ..r.,a .� .5�,1, r., a.. :, .s,.,�,.r r �G,r ,bcrr7 ,..,r..l.✓Th f, Y,>> / l s P.a Lr sss., ,..l,rv" .mf ..r f r.n ,a ,r.. .t lY/l=a.zl ,, rrr ,�,.u...,," sr.. r.€✓ Fl. ,%. ✓. Y �. r� .?1' f ✓,rZr., .3:r r.a ,r a ..T,�.a'„✓s>, ,r ft Y nGU. 5!-.rm ,. }f s .3,s,...,,r.?r,zr ,.r r. ,rrlr;z ..t^ z ✓l} „a�, zl „-,,,. fr' ,,� "�J..rr a r r r he.3 r ,,,,, ., �,.. ,� r r, ,?zc',rr3ys', ,Y�> ,fts.mr 2,r,;,r,?.-,,..r z�Z e„ls, -.r. l t} t I „>”-,,,.fs. „�,-rt ,r s.�P:>✓„r.,�.. rr' ,,.,. t.e .a r` ,I .✓,=,,r �„�rra ..,�,.sz�m s,<i,�,,,,..,.. „f�✓a T,u�l„,.. lr.�.,� t 9 tt ,r..,^ tyy 4`. „�uri,..,.gym. a 7 Z' rn s. a. �,r lz�sr,-„:.: gym..} ✓2n,..=r ar.G.rc anF,>;G ,.;T rU.a s, r,. <.,.✓rrs m' .�ar,�?m �' s',rmf„3, ., z r.Tr �r,.rr;r ,r. r r�,�r r✓. .. o}s✓ sir l7i a z rr rr rUr r �,s, r .r7, ,� ,r'rr fn .o„ r, £ ,..✓ t,r..” .r sus. a. 1, „, .. a . . n...,..,�tdr le, r.: r r f ✓,.. .>a ,r. , lu, ., /rft >e zrs, Bn r,sz... r >r, ,`Ur.,IU r, , ,��- s, ry. r.. .r ,? - 7 ar � 3 ✓ r:.- t ,.<ro>,?✓1;sc ,f✓ hrcr, lc'se r .?,v'.f's` >za rf.. r s.a r nxw .✓. S i s. ,..}?I, ,.c §,,. .,. ,, ✓�, F/ rf ,,, r„ lsr�r r.{7 ,r„ ft.r.:a.%: >>✓'„ra�., Y„l., stu. r..r v sr,rte,n. .7„ m„ 3r,rst, �✓r „ ✓,, l,rs r< >. E.�,,r .a �.,,.. {srr .�1. I/r%.rt1r .r.�, n,,r:T�.F✓ r3 sr,r .,,,.fa7 f .<, �.✓z,,.✓.,,. a,,,.,,.,j..� .�f. ..�. rt1., ✓,U,U.✓, r.. ,� tr r. sari.. .U. ,` ,-✓ r,✓(r tar all>a ,s UF�. s3tl, r. s. ,u „z ,-;',;,ar.,h,.. :s,.rr ,�f, ,<. .., t a,�.r.,. ,�✓ .a✓ �,< .,F.Es �. ..-, .f.. .S`X ,�✓ tT r. .. 2e�..: „✓, ..,s,r r 1. ,�, na.rr„ z✓;, ✓s. r� ftrf r,ry ✓ ,..r m s sma. .T ,,>;,-e,a ..� ,.. ,�:_ 'z ✓G,_ „h,r�, r,t S fF5 r, ,y >.a=;..z rrfs'(„r}'r.,� ?ar �.,rWr lffu,rk „°t .r,. � z r .rl 3 y. J ✓�.tsn..,.�.,..,�a safF .rr,.r,..sm�,U.srfelrT dlrsn,ar ✓r� lri ar,� rmm s 1 tY- »a., r r4 -3, f U. a rr`.,. ✓. ��,x, a rra .r n„ 1 i s�arr. r „�17 rV3 J. ✓�- r P? 7, r r r s>,f,✓ �h Ja' ?�,m n .2 l s r ,.,a.=,�.. i t �. ✓r J F J rt.2a ra.>a ,rG� .r. 3 i:. / .az .+/,>slf,.�ll. z ) l- 3.L(/✓ ?, S' l ..r. �<i.a{'.,., tl`.��.1 .7 .> a,z } U- �s=,la� ✓ ,l t. r. �'t (.7„x r. ✓�, 1, rl'„s �?c4..:�.rG. ..lt &` ✓'Ys .Tr`S,,,a� ,a, .rz u l. s�.. r' .;1 3..7 i.._�zr �a r a.,,r, > sr > m r..., £s, l � l .Ga>n- err}✓?� r Umfi, a> <aa,. ,sl`,,,o. -r?lrtf 4. ✓ „nr nr<t.�a.n f f,�.r�,: 1 7 l :� � _rrsa, ,sT . ,...,,.. r v;' a,✓'. .<,.., ._,r fs„ l r„ 3a{, rn t, .f :; „.G., 7r..€. -> �.,� r F,- r .. r m;'>e ,?.r.rt;.a»�< . ... 1.. �f c.. ✓” ':r ,abrr ar,r,..,P. .t s.sa r...r,,.,ar Ss„mrr,e.,,f 1 s. .7.s, .r/',a fS,}. z is 'r... �2 z,�„f✓., r'sc`.„,r�sr s".Ta,.a a r✓r r,r:�.,�r`�, z u ., . ,,,s,i:r,rrr. m r.. � , ,. .trr.s. r 1, r I s--,., rs»- - ,� ,n .,'F. ,r,,.,ft.3.'.,?>,r,r,,,a n s> Ys rr.. s r �„ ,a r�,r,.,^ � , i .f,l rr• .5? if r. /'r r .S{m2F r r ll' ,;., a .,6,,, r l .. ,. ,o.-rl,a ,f. �3`.rs r.� � .. ra r..r .r,.> <,,nr..r tl n. ,` ...._ ,•.. 1� �t, , ,a...,,.:,� ,,...<r ,r` s ✓��r ,. f r r.,.1a' a .d� f„ ,< m cF ?rs �rftr. -.. �'', ” ..�, f 1".':<J✓r.✓n, ,s..r� ft a.: ..�.. € a .rr, 1 sz..� ✓Y �. �d,ft' .l ,r,li. ".,,.>u,.,= ,,„r ,,.-. r .. r>rl ., ,.✓ Ur r✓, s,,,:. � � ?, r rfr �flS > tl r , <.,r,1s �,r.tarr ✓.a .r,a,., ,,.r1 r,,,r„r, .�,sU,fs.. ,. <>> a. �..r,t.r., „3,, 3r { U. ✓�,:.. {�,. l,r7, (rr rl. Tt>=..r.e a,...✓.S .,51 .. .r,r✓ ?,U ,,,.l.�.u,s,. t ., _.. ,�' r 1s:r r � ? >. r, l✓�1 1t, I Y r � r s sr 1,ra,.,e� nr t r � � � e�r z.��,a t �a✓ r �,, � ✓ rr�, r, . ,� � �_�;� ,fft � � r,,r .s F'f, r`^ 1 t .r?a-err.7,: T l r'✓'l.. ,zS,�s✓. ,>rr,,.,,,ar✓ ! s ✓ .r'Y�.(.,✓r .:” l r>, ,i.r`rr > r:.. .1 1S 7. r .:sal ,£9,., ?r„lfr >7,."srrYU' lr. ✓rl ..,. rarsf. ..� 3T� ,.£ r'e.,. r...3rlrr„s s-r? ra.. 1.fG5 rr.a„at: �. °.. ( :.,2 }£,.I,r ,..,.ar ✓,s r�.,,f,. ,� _.: S?:r,,a-> imo .F.. FL..✓t {... r M r r� ... .,�,. r.r„�u,✓'� r .,r,.:a .,r,:;,. ,. .. 1 ors r P t.. �r / >`r.a t f�sl-�. F s'. P u>».,,,k�- ?. n/ �.✓r*},.fi '� ✓> .I �r ,rr .J. it r 9 r�� r...rrsr f s` a „U.✓mrl ,r<,t, s. Ye ts. �frr,r,/ . r r z �z,e, ir. „z.,+ I_. � r.'.,✓ z .>= r � „�,� ,a.?lf F t�.ern v`✓f,F.a, z {,rj .,: ,a..,=f r,.� b. x.;, f .: � rr.> ,.I. ,.. ;-.. -r-? !_ r,rm ttulrrr .fJS):z lra: ,3a �,..r ,f,ftr osr,. �.a,l,n r. a r .>,r„�>..{,r...,err zs., , ,.✓ „r,,.? :h, t,.e.. ?.�?' � .ft r ,,.a✓,.=,.�ftrr ,�r.,!as a l>.�,...r I J rr/s.,.N, S f rr it ft,r ,;.% ,r�. r✓,�;a aYr f��.,,rl,%r` r s,r%.. ,: .. ;�+' t.,r' ✓ r .,r.r, ,Ir,,s ur,U” n. „>,.rr,r r,.., ?/ :rsr f .a"{r .,�,r>✓ l,a..R lr,..,r.. ✓ r . w, tai r 7z rF.,,3,�,s ,t,an .,<,y,.,U>s+ ✓, :, r t f.r. �,.. „ < �strSlr'„L,t,l+rf s'..,✓✓ .✓ ror,'rr=',;.t..rrls> „� 1,.�r. U't� a,✓,,.,...>r,7 rsY rY r.rr«. 1. �., ✓ r „tl s, rs s ,:a. z ,as .,l r.. .,. a� c., II,lTr3 4 r r 11 a/,o✓.a�✓... >l .. r,,,S„ rr, ..T .,✓ is, .z;,r„?ra fi' nrf,Z.: ...:'� ;:r rz's,r r:,- ft nl ?ri /fr,;� Irr"r✓t/ rz s-I rr✓r rr11.,v;a2,.I,as ,/7(rrr .;r„,,.,,,,f... I. s,r.lv„>s<. :x.. .. ..z,r r rz..r,.+ ., r r f tS fa 3. J sl�z G✓ af�(U t .m,r,xt=.�>,,zz rmr,;a,�t,.r»i 3' s/121.? �' tsu,.�., :.. .:.. ..,, as✓” rzf G?G r JR .T'I 1.a. ,-^' i, l t .fsr s :l'r=r,r:-,..F>,��r�,,,..,.,oaf.�r.f�.a rl�R.:.v,! 3 t�r.1. >s,,.. ,.,^s ?fir �' ,a aarr of I�f Ir-'rnf. .✓.YI✓. < �,rs:.✓ ,r- r ✓✓ �Un vrs<.,�r'c7r'�,a?r 4,d � s y31. fl .� fr:�s�;e,<.. .;.a �, rr� .>�. „�, t,., ,Tr r r ,> ,��� ,�,s z..,.,n, }, ,r rs. r ✓ lu�. .U .., Tr�>.a,,. �, -� .e.+ 6- r >.n`3 ra,., 3 ,:. t v r,,, .. ma .rr 5tr. = z, ✓> F,r,,....>se,ra, 5 r>, f,. ,<.s,. z.. ,,, :::. ...... , .,. !J t y,>:r, ,r .,,.�I roar nr1, S/.'?n,r�Yr /t �? r.,S,n.,..,, a 2. .� r.✓�,,,, .-.y�f.q .l .' } } r.7,. �„f.f. n :, r r.= Fr rz; ss..�s.r.r.tl/=.> rv. „Y.„r`L e.rn l�. ,u. =asrr tY.,., .<.,oa,.> G✓1lr,:r✓ .l` l.. lri lrrr. .e. - -�, .u,..✓, r:a.,> l ,aa?ssn..,r s'a.2s rft ?�. f n ys. r./ a t,!e ..3,I,,,.;. �rn r�,�. Ysr„ .,��„ ,ka 1 . .,, r .:fr. �„ rm ra, rrr e ✓.. G �`. s.. a �; + -„ fr TU tY �. t. P}.7 >r✓r, 3,�r }t%rrs„» 'r<. a r, 1 G rst{ffr-'s .rm✓�'r ,..%,.irYr`�.rr/,r is .�rt .., ,�.-,. :,z. -. ,. .. ,,,z{ �f.. s e r.rr u.r"ISC,>.rx,,.,2r.,,r,,ras "3 ,Gs✓'r7 lr! lr,L,9„rr l r .3,< ,. ..,. .�,./ 4.rr .,r.«,r: £>r.u,,,z r..,,t r'T.it/(l✓aF..(.. .,r,.,rr,an s,... ,..�, .f r{ r,.., ..,. .. („> ,T, a z> :ri.S ns ✓ r✓, s r.1 r .l 3 r t t .t>2 rs sr tr"r•. lr `�”, so.zi.,rlr. �r ✓ U1, s.,> m. ::r s &1}r,s -ft. r /' r e...tru rt � Lr.,,: !F= n✓rs ea m=, rs✓ sn7rs,rs r.t. .PU«I '"T'r"„ ✓. r. .r.l r f v� r'r t ✓nr ! ,c v,L� vt' zrr';t z 7. .r c .r .t..f -r.m ✓ r. r ,` r<. .Srvrr r�✓ # mm. r�� .s.r I s r✓ �. 's .✓i'. G � I> dl, t:c`- S, ria r -I” cr ✓'1 &,' ? la,: �J?.r✓ � ,n�.,� �7r. 32 rr'.rl, ✓Yr C '�^f .r h, r.; ✓� ,,,fl .,,c .,,,.s,. � cr 7. r'1 ..,,,.0 .3 .., ✓,., r ?... r> �..,�- .. .r<or.� Sr, rra.,,u. .,, T rr I �. l,rls .rl' f .S, ft, s�, r fts f.'trr ,,,r7 z .r'.,sri 2 .✓ �aa � sa � ✓t � xY ,,,ua,.,r,c, r ., ,1 n✓.. a r .;,`. r,,.a� «J,,;,.n,..�,. %✓�. �r�>n c. -> „rsr,t '�,7r.rs,� �f. ter. .. h,.7>z., z,. �G 1'. »:,r aGs n a ,a,✓rr. rr, r ..l'r ss ve. /2 r, .< ., �u >Y s. 3r sr U z`r 2 r> a z:, r„IYn, t ra T.. m,� ,....>,,..r,'a. .1 ,if r' t. sl< .Y r ✓ ,9f r m :,r .r., r c.rYtf > i. a;"`.?.. .,a. a's ,,r f r r.. € r r %rrr e✓1 ? .r� }/r ,.r�.. ,�:�,_„ r�,; ,..„ ftrra u� wiz'.r m. r r£ t l ft� .!a r J > ✓ � ,.J 6 f. 8 ., ,r rtat,rr. a,f;,vary 7 � >., ,e.?r>. ,. ..3. r ,,„r„,ft ✓r.n r,s ,t a ..r r.,., r” r"�f`s-: .< x s! r, s's' rr Ylv. r C r r .-?.r „vr It ,sift,.�.». „s s'}'Z f,r.,1��r ,.✓ r z,trt,.s ,Sf S 7 lT r is, l' f .?lt ? r,?fz. ,,,.,.. r m e,, rGi ti, f .r/r frra.ea r rsst.� ✓,Sr< a.2,�r. at ar- � Y, f r .sa:. I ,S'l �'.v r? r,-,r., < f.a zr` .t f..s' n is ✓., r :fr. ,U= r.rlr.r, ,t ,r> f.,a.0 .fit. ,1- r ,a <,ram;. .r r7.. ✓+ /,3 ,1„fh,v: ,r 1,a },7 f f a r> �r "r r 1r }� s s dr, >✓,`,r �,:' <rn i` ,.�_ aa�,.r✓ ft,ru,:5,. r.r,,,S,v l .✓. �a e a,./>,3,, .,� ss l Izr r:.,a,. ,..Y.”?.« .✓.. .r rr� �✓�d��a.,,.fa�m�a�a��r. t.,✓✓�rUa�..2r.>l,r �1 . r.� .�� � „l t ra > a, U .:✓ >s.r`L2�z.>z.>z.>z.>z.>z.>z.>z.>:?2 s�,z.>z.>z.>z.>z.>z.>z.>z.>z.>z,>.atrri3t�t?rt?rf�,:.rT�nzrf�:?lr�m:?Trrl?rrrmrmnmr7n;;....,,.r'sz.>z.>z scar„�„ c.,r.,, r f t G Frr ,,1 Tyra rU,us"r��fr��rttsr/ S�rr3 r,iN'r t r.;='ptmr rr F 4�s ff L@ @nl1 `hil rrr}., sn,'Yrr rnj rfrtztsr:'i>j'rC�1y� slrj'gin}F/r�}<suu/`�,lafrr s zslr`�r rjr ''�`t ��J rrr ftti`>��urrr`?lrlt�r rft 12ss✓r�j�:✓�rrrrrtF�z:✓i l�rr'is.;firfrr,.rrrY1'U4r1,r s r>as'J�F�s rlF'szt�Ul��s�✓�f�`fr,s?;f”„ /r'rL t,,qyy r MCA Overlay ��r;... Unincorporated Area i,��3alrfs f Prrr�tfflZfi�rra-r-'if(m���I"�rr�r 3'r'e��?.iF.rlr?r�3r.���r(lem�t��rsf,rF f iri�ar�(„u r r'�rra�rrlr.�✓r<�;�r,✓rsF�rt t��T��t�fl}%Usit1 t�}ua b✓;��'�js�"Urr'�.,f�rF''.�S{7�r1r�urrzy�r��s✓ra�"tf�F1'�zUi�{,i�,��ff'Yi��afri�F s�{tr„��rr�Jtf,lt�r-ss�tr;�,a,.ff�£r,U r'I�..�i����iZ�r�s r rl�s.�f.3�lr� ' 'frsurr?IUr?'r��3irrrtl �£F��,�re€t{rn mar ✓?�Yr�''�,,�,Ua,T rr ,��f? a� �.,z.f3.. f�3f st,,.. �r'Ua- J / .f,?farr� r.q.zc u efla rJ}✓ v n.: r%2�,f�rnJ�1�l?�alrur.?F{✓;rf/4�t<fj��.�1 �z�s�17,U�,��ui s'� U�r M}n� "ri` sl t`? ;aY'rlF., 7Jcr aFF;'.dtr �f�2f{3Ga!IF57fsr`rZr`Ff .y'#aSy`q`}flt trt f'lY<J4. :rl ;lfD%�f�Y Zl�k>6 Light Subzone � Existing Runway ((� 'r�f ✓rrr it r rfrr3 fl`F"I ru`u'�sl`nr`t��r�;{Ics��IrtFJ^U P�{'F'Ur���l`'flj :'n�i't{ �✓t>ltU✓�1 f,��< ri3�y.G ff>r `IS3 r rIr 5 7;�` rrr`lrrsr✓Ger}If a-`✓aes'1?; r 3rrr7mr�rt"lsf ril,tU/ar^s rrz:'rrrrz s�lrr t '7` p rJ {�(p''� (? �¢'� �p pry �, � l U f r a ?��'r�✓3>?�Ya flrG�rrrl`>rmnr� rll�7�9-L'�/dV l.�43 l"}I-�r:�1?f Ld'+: rrf. Safety Subzone Future Runway rrr r%} ;sa ,t EGG �rr ��Fl „>T,r✓ �r�`f'`i�� ' ' ICrr� fr F%�ITYr< r rU rtftx. ray{rr r-?f.stlr9,?T�i?l✓U,/,�J �>s�r,✓�5.5r sf`�1<.SG�s ?FS�rr f!,���i es�/t`tr',Fr�tal�'`sU����f�"aJ1'uP`frmG'#fs�£TUpf% r€. irs rr`.3F sr T ,h{fttrrftr3t` �,rr1/??. ✓,rr rr('i} ��n{{�r,?✓}rS,,,�Sl� :rr t raUra,-� {r”/s'�`k'f'�'T3 ha��`y'��.-s�urr-.f;,?: luu s sr"'r:rl'F'rJI{sslftrsr"Y TLIsf..r.rl�r'rtr""? "'s;2s%'~ f}tr'.:�r'`trr"rfs✓✓. ? 's .s. -F r1.r} ✓e x,:Y✓!'f3 i. ,mm Vertical Obstruction Subzone Highway Ylrsrre� rsr�-��;��r}f�cr �1✓rnrr' �'l��r r'f t r`r%' a s t��✓dun r✓t�lFr,1�����,�?,✓r~�,✓�sf >�✓F✓r�r�'irr r.,, ;rft`7 fll;'f�lr£<.�ls ,Fn>rc`auF Yt?F�ilf�7�Ulrrr,�ry.Fr�,�.trt�sst`rge3�r}�6�Pf��✓.tr 31�r✓al�< �3ir€l/i✓rr s�r`FSG.S�/;.frrUt�a3f rr t ...r,.r,.r,.aaay, �rrr� rr rf�it7�✓rfr r7 T{tr✓.,u`fry r r�rl£2�f.,z`��U r�z.£tS,�r r slp".✓z}'�:2s'tt sT fv�3fI2� rfrrihn lrjlf 7�lfi,9r��r'T�'�IL' �rf`2.: i,<'3's, J qtr z1'`'.'?Pts :z <rfr`J s'Y" ...rF{z r tear zY{IIrr 3l�7 .. 1 f'.F f ?.tf f r✓arUS`rTrU-%f rsya In ._.l'r l'' is Noise Subzone Ma�or Road .z r�✓�✓ �,✓rre <�: it zn�fa�trr�rrrf?'�I r��r rr�� �r✓f,�rr�r°r<,t f��� �;,�rn.rs�r � f'urr�>;r��r�,��1 � 2llr� /r l�tsr t ll im;✓r?`U� y c G rgf, fllr rr tlrl urn=7}G r�U nr r l r r`f r rrrfarr cl? �Sr ,rl �J/rr✓r3 {f�I s� t ✓ftu�r�us'f�✓e.,✓`✓?sr'r staf r���?Usrs�lr s�'t�y/�S�trt`S 7e{r'a�i 1.sir��a�£'/:,�a✓n rrfrt�Sr}�✓✓m'G rr'a3.lyT�rZ lGl�� '~rr r''lir'rm9 urr r✓J�t�}TU FYfr!m��e�`"tTSr s' ;'`T/�3SUlU ��`s.ff,7<u��uir`���>a c�rr�rTr£✓,.3G��mt'��.f?f�U}u��f�trl'I?�r f�'rf..,''�l -. irk `r f'`c rte,11r17rr / P'frglF Gy 9lr 5.trn23"`lrr,3 r''lr�r>Tat rYr7r rrhr a"/rr}y7 tJ,,r3rfrri 'rr City Boundary Minor Road rrt��F rtr�rr�✓r�a{� r ����r�e✓}{r rr ri,,Urrtr`rr r�,�j,n r✓�s�rr��<lr �✓r�-?ice>fr�rF�✓t,rr�r�3fs i`z},. �l�e/S�? .lr�f.��vafr`as,'s ��3�{r;rTnl�,�{.€F�,m�sr�J7rlr��u%st2La�Tr��TS�IsIr Ur fr'.:srt ,rr a3r, frrt}t rstr'�l<P r�f`�lU'r"a, yr�rUrzsrsu.. r� fr ¢�1b' s�rlr'r”°u✓'r�7r��r z�ftluJ t ryaft r rl� £ r L c � s>I f � sr�", r"sY�°, �t,:�` t'¢T, 3r�T�`�s r� �7,� fr`%�.�a�oi r�tsr�,%�rUs'✓r��''z zFf�>E��'��3r^.rr 3 rr>si�l'u�?z'3��Fl; tf r .wit` r <r'. rr ,rrr ,m rtr., ..�,. a t U } s ,s :z✓< >s, Gr. r ,e .::,....a.,,.�r. �U -rm,,. 'eT ,�rs o � ra=a. s f r 9' „ ?' ✓,il ar,a l`..r l r. If ...r 1 c r„ .v✓...c�. >r,J.,na ., ,?',,r” .,s.1.. a,r, r„ G,,1✓J l.. ✓1 ra,s r .er? a r. z a, r{t S '' .✓ ,a> s z✓rs, r T, a ✓�. r r r G= ✓rL a`✓m:'” ru s�.,. l. u, m 1., ,r ,.ss ,'u 3. r 2 ,,,'., ft n ,t r ; ,,.�.,?'.. ,> . �. n z. z ..✓, .., /.S �..s,., ..r .� a .13. a r ..Vr.P'.,+m,. r,'1,. ,,, ,,. ,.., .>, t ., ? f rt .{ 5G, r a �✓.T ,vns ✓? 1. r ✓'r ,-ia. ,t. ,.m. '£i' � .ra ,:. },.. r.., ,m. r'. sr ✓ 1 e .?J �«s; I ,r r � r re rsm sr, err. r r' r 7. f. fF- rrr✓-- T n'%, l,, l /2 l. .✓r r r ,o'.s rsl rrr aSa .au ..r ,Y Fa s ✓ .,r< ✓ S. I ✓.. �f U.a>. ,ra f, suss s.,a ,.�+ ,,;' Sr' � .✓ .r c r. ..J .t. r. '?r.. ,r.':,%,r„w=e r+u„ flJ U,., r, U srl. ,I f. I f, r r' , �1 s> ,' .GP ,rt✓. r n .✓ �r> z az t � s r r T.�,z 1 z 7 .?s .U” r a5 .r✓ /-m n r,: s �G r ✓ t ✓.q � ra /=r, r G m✓: ra, ra, rs. 3 � r'%Ys, tr z az ,r ✓'. t ra-m s .r Fr Gr, .,t r� T- i7s,a�� �1e �3�, � h ✓7'< G� ��:5... ,l / fn. n ✓l r' zF,i .4 �ry ✓ �aY” s' ar rl .r t 3 ,„�.h ;t <t. 1 sf< f „r” 9✓ s Ut UtM” Ut rG � I. a r, r r r �+, sr f ✓ rl rl rl rl .✓ Yf r ✓ r"r w..,�ar.Tara f,: ,,ar ✓a ,..�r.,!.. r ;l. f.: .P 3 ✓.s.. r fr- � �,F, h ,rr?, .� ✓ o>s ua., 1 r z2c;,ua r ua r ua u 3 ✓, t L e. I 7, r 3 ;fi., s,l ?, o,I, r s ,off ,}. :' r t.r�rF :1 f. G .:?r.J r.✓ f ...r'F.:.?r.✓r.✓r.�?r.�?<r{. n Y<..: rl�, C,n ,l r =u rr.,, s. a�,:. ,✓_m 3rr3.,�, F✓r�=.+c ..1, r>�.,, �T "S' .1 x 1 ,`�'.". Zfi3, Y.s, ".Y .rf, a.�f v'�rx✓'�rv'� }.;I� rx�i'rx✓'� s✓'�rx✓'�r✓'� sf, {t -1 1 f.,, .4✓ �r r rf=, ..,r:. „ft� ..f� r l ? � r r r r ..r'. ,,fr ,rr';, £..ri r.., r..ur.r..aS ✓ rl f.a r, Iz ,1u7„ r t.�, r,,,},r.'%, ,:, s.l,,✓r;'.,✓ ,✓ ,✓l�'.,r e a,,✓ ,✓ ,✓ ,✓ ,✓ , r.r,nr rr i�sr, r,<,.,,,,tt?rTS,'l r S ,,>:: ?r.T.T,.T,.z. �.r,I?t Xs.rrr��,hr,r,.. ,✓ > .,5., �.:ro�Fr;d�Fr;o .,✓'.,✓'.,✓'., },., �a�iU 3� .iarU�b�iU b� %s dl.v is � .�Tt,.0}rafrz������{�ra^rPUar�1>{fir.hhU�h�h��rs.,,��,�,�,�,�,�,�,�,�,�,,cs�-,7��rz�U�U�o�sasasasasasasasasasa:r�srmo,�,�,m�,m�,m�.r�%Ud�U�U�U�t{��;�,m�,�,�,�,�,�,s��U�sasasasasasasa�,✓r{r�{��{� {� {��r✓�a'�°sasa m. �a,,,rnrri�{� {� {� {� {� {���ra 4 MILITARY COMPATIBILITY AREA The term Military Compatibility Area (MCA) is used to formally SAFETY SUBZONES would serve as areas where designate a geographic area where military operations may land use types and densities / intensities within the impact local communities, and conversely, where local activities Clear Zone and Accident Potential Zones 1 and 2 could may affect the military's ability to carry out its mission. An MCA be regulated to prevent incompatible development. was proposed for each of the airfields associated with NASCC training mission. These airfields include: ICE SUBZONES includes all lands located • NASCC Truax Field off-Installation that fall within the noise contours greater than 65 dB DNL noise levels associated with military and • NASCC Waldron Field civilian aircraft activities. Residential developments and • NASCC Cabaniss Field other noise sensitive land uses within this MCA subzone • Corpus Christi International Airport (CCIA) may be subject to sound attenuation measures to reduce interior noise impacts and to achieve a maximum The MCAs for the four airfields consist of the following four interior noise level of 45 DNL. In addition, residential distinct geographic subzones: densities are proposed to be regulated within this area. VERTICAL OBSTRUCTION SUBZONES The JLUS recommends that the height of all structures and buildings within the area be regulated as defined by FAA guidance and Navy AICUZ instructions known as imaginary surfaces. The Vertical Obstruction Subzone is intended to denote the importance of following the FAA imaginary surfaces with regard to structure height and is not intended to reduce or change FAA guidance with regard to maximum height of structures. NAS Corpus Christi LL LIGHT SUBZONES address areas that may generate r ambient light and the direction of light that have the y potential to affect night training missions. The Light A Y m� Subzones are comprised of a one mile buffer around DLaff� . t the perimeter of each military airfield and up to five miles around the perimeter of CCIA. �V This MCA, with associated subzones, is recommended to be the proposed MCA Zoning Overlay District. The MCA � f Zoning Overlay District is proposed to be implemented 3 through the City of Corpus Christi Unified Development Code and the proposed Joint Airport Zoning Board Zoning Ordinance. Several of the recommended JLUS strategies are associated with the areas bounded by the MCA and / or the MCA subzones. t 30% U� � NALF Waldron elf � 5 AL Imaliffil"m OWN 11, NUECES BAY 01 WE g *s J -4, A 44' 'Jay, 1-17 JN" "',%","k,", IN% V W Rd ,/-a- 44" Ve C us Chfisti 5 7 ........... Legend L_J JAZ-B Boundary City Boundary JAZ-B Light Subzone Unincorporated Area Highway JAZB Safety Subzone B Vertical Subzone Major Road B Noise Subzone Minor Road 01 6 Ingleside s, 17' JOINT AIRPORT ZONING BOARD CONTROLLED COMPATIBLEAREA Section 241.014 of the Texas State Local Government Code allows jurisdictions "to whose benefit an airport is used in the interest of the public or in which an airport owned or operated by a defense agency of the federal government or state is located" to create a `joint airport zoning board" (JAZB). As an entity, the board has the power to adopt, administer, and CORPUS CHRISTI BAY enforce compatible land use regulations within a statutorily defined area. As per statute, the area of authority can extend no farther than a rectangle bounded by lines located no farther than 1.5 statute miles from the centerline of an instrument or primary runway and lines located no farther than five statute miles from each end of the paved surface of an instrument or primary runway. The recommended subzones within the JAZB Controlled Compatible Area are the areas corresponding to the safety zones, noise contours, NAS Cor US Christi vertical obstruction hazards areas, and light p protection areas, referred to as the MCA subzones for the areas within city limits, that extend into Nueces and San Patricio counties within the CA YO jurisdictional area of the JAZB. "3. DEL 0 S O Per Texas Local Government Code Chapter 241, the City of Corpus Christi and Nueces and San Patricio counties could reconstitute the JAZB to regulate through zoning the type of land use, building "N requirements, and height restrictions within the ` 2r Controlled Compatible Land Use Areas (Controlled Area) for CCIA, Waldron Field, and Cabaniss Field. The areas for which the JAZB would have regulatory authority per state statute are illustrated in the figure to the left. NALF Waldron �?f#ffi h t3 I i f �r�S�' s � 1✓ rf ,� J JS����rurr�'�/"nljilfltl ?{ ft �t olf'J`rf >frlj�tl,i��f�{,, {i LAGUNA sfJ ;,perq�f`c�af{ �nr%�f�r'��f� lirt1 f�rralf 7 �P4 i s f f al. r e � r r r 1� JLUS RESOURCES Several JLUS resources; providing different levels of information are available to the public, elected and appointed officials, and the military. These resources provide an overview of the JLUS process, detailed information on NASCC and the overall study area, an assessment of existing compatibility issues, and the recommended implementation plan. The resource documents include: JOINT LAND USE STUDY(JLUS) E • The JLUS Report presents an overview of the JLUS planning process, purpose and objectives of the study and the recommended implementation plan. The report presents a 'concise description of the following: • JLUS project study area,;including NASCC associated airfields used for their training mission; • Corpus Christi region, its demographic profile and market trends; • Compatibility Assessment of the factors and encroachment issues identified during the JLUS process; and • Set of recommended strategies to mitigate or prevent encroachment and proactively achieve land use compatibility.' JLUS BACKGROUND T The NASCC JLUS Background Report provides the technical background and detailed compatibility assessment that was used to identify issues and develop JLUS recommendations. JLUS EXECUTIVE SUMMARY BROCHURE The JLUS Executive Summary Brochure serves as aquick reference describing the purpose of a JLUS and providing an overview of the key JLUS recommendations. 8 2 ���� ����' �r����srl. s'tt����7 �,�r���f%; ?�l�.�� ,r �,, f!/�/�fNFff f� � �� l�X n/y. t�fy�'s ��rt trrJ�, ft tljf�/l��s� .r�. r �� ,'r� �'�ir ? I �i��Jrf,.-r, �rr3�s;G�� c <s��-u r �l r u�F° r�f�°yr f'f'� 7f�ri<� r (o T�yl�;��f sS�f u��Yir-, fuss air��2�fr?j�rft��f��4,r �',��31�.5�`�"�,"�}�.�jitjF`�" F�F' _� � ` ��� — �a. e�'' y� � t x �; � ~ ,,' �`� ��� i �_, r &':ti t C 4 i f �/ 1�Ta, � �`~ f / t f Zf ��1 15 �Pn'�Z �: f k tf r G - ,"�Q 1 zry 11 it � CIO, � � '� `�-. ✓ � � i it Jr� r r>l rill r Y £fr �. � f t it r: F , ' ,"44. s ,�- �, lot sA / �A low " � 4 # YP / ,. Zvi� f 1 / L a qj top to coo ri r °� a I my A���Y,f �/ s � p � ® Ff�/J �f$ir3�h•` cry/`f rm r'ff/ c/„ d >S ' ���1`/?l �� ���� �d�s�sf, 2 r'�fi.%��,r ® � /��t�s/��,��?�`r� ® c may/ 'r�l�r�� .� 5``3e�i�`�y�F`��l���'c�sc'� ® ssi�j�'�� ( tr'r�4r``15��3 `� rr!)s�`s���I t�fir' �, q,,7�1es� n '�r9�J� � �g 7 ��b {��c`1 S"�e ������ ,Po �. ®® ® e rf�rrr�fYrf Qf�i r� ,f1 �rf r�r r� o o a el 0 BONN Milli limill z � { f{,',2� �' "`�'--_°.._. ��d���IF o'r�`8rrfrr✓'�i; ?? �� � � E art F✓s/�rJl Jr r'r.-8/'r` r � ® Ear � 8 rz >1f4Y8�j ' s f{t � r i i rrlr �r tffg f�ljs°',t` rs�r'r1f �7 Yeyf�fj' rrrF f,_'� i "lJ��i T i'r�iof�lf i i i i s ® i i ® i i i s i s i �f qd JAI „� .�, " IN i • � , 2� Tr r t in ��l rr'S t'F �T s s`3frrr�F ui /flf? €s rf1 7t 2 tir s•cka r4i €r�r'm!l't5 !4 ;fir u} cw u€sh �fl rsr? u>r � 3r J7 v?�/cap j ,�` "•r '�,.�u €rte. 73� �3r ���s�1r���zTts�rr" r �" � >��� s, "� f we,✓` "„Y 1€Tr�; ��/y,%���}r�� n: hr� �� rF c .}fir € Tr,, h 3nhs,1`�/'j'',�y��SUd ,S�%�g frc✓'��3r3S€r��)�llt'�s){ ET�g T'k es;,pT�€ J��r� 1,'1ti��� N ?�. �. t<??;i�ui �,t✓fit f'Y"} lfc��2'�F{?tT f7nX�<'`€5,?"t i�$?i���}�r€Tf��}tT.�'`.".rr�{," :. lif�.��f,432 rits�t� �nr .1r�i ,.�rr'�fSt/J�Tffr.�r.����<�5r`"€2�'N 3r'���n�r�ft��//��7g;3rrrr}ytT€rs,��sss 3�`"2�✓}r}�uf�rtr �� .. .rSr F",,r✓�i,�!��r rtf,. s r#tom %''-£')..�ft,,;".r<c„f;�ty r ,};l' �S�r r✓rb�.3S1%f rt"""sz,�77�"s4r'f>�'f1.:}r,?z a=.�.{"�rj, .rr{Srrlm�`r i i i • � '�i r�r�l si ?�a�t f�sj r�i� i i ii8 i sys���'��✓f` �����y t e i ® i i m i i ® � i ® �i i a i i i � ®i i i i ® ® A i yl!> ® + i k Ask 0 • • � ��j�f�9r r„Lryf `sr YrYJ i'. e • e � � `� � ai`z!°,✓1`r�J�r ryij/r .r/<rx; r Z e a �'rfr �`'�J(Irr,frrfrJr�fj J jr e • a r� m m m m isr✓ lr JJj ✓ rot `Yr ca sf dl YP 2 €rf€fJ°4'r,,�rnkazr?.�i'fJJ' ., 110 ��.. rt?s�{J1/kr' rd 3r5d � � f fy Jf'F✓��jt�� z� ,. � ��l f��� f fkS ' f������d�r��ity� �ai fF PJjnlrht r p? ' t �r�tm At �i-k�z�17�at%r 7r{f✓f r3f r f?l'Y7t<r,%v{r��� �� zf'�����'1 F✓1't� ��?� �i€3v s� n1 zaj.>' J '' frt vra xlss`{f7JGI!`�JZZa? kasr r E`rl, r✓J fr a,✓Z'�-+,. ^ � �'.,;�t° r`"S1 �;,t, r fZ�{rdi�j 4t rLS`Ije{;�" 7� F`1�,�� +� `� �'« � r a ,s .j✓,,✓�{`{J�� �a rs'flScz` (�vZi✓Ia,�£ s><z%��j z�lsa>rl� �4 c"� �'� ���`Y ,r `.�`.�,., ��y�i}�r Pr4sJjd ��c`s�Fzs'`ks�{f z {r�1�. ,,.. zrTf✓14 �rf €?l31 ;> �.P �Yx , 1 l�}r�Z�,f t<Y/`r'nd{�5 F.r3 t,�`jr : �?rt<lrn sr�i";�inL�Jrg azf a. h trs' � 'Y�fiTS`�if}z{rlF'£�nt�> f Zrt<{f f a>s rr$ }t rzc' s„ � y � t: d '°'�,.. ,�� *�': f?/�r; S r li ✓I k ,z z �zr s I'r n/,r' Sn�}� tI>.r✓ �i'z>�3�{ ra �" � m r 5��# .' �,i `i}YVf�i lfl����(:. r� l kL'fJ`t°jyr�rlr�t� ✓k T,,' +°' e ,, � fivl}i��-<�P{JrZf-i v?f';' ff r !�T f J t✓�il�i����3�1��#k nr ' t jr�Y} `<�{`<(�rr�'J :;`Lz, :. 3 rm r�r,, r n j 1 IL �t Bch 2 ✓r }?L4 �i���7i}�zf}3{7s?'�tj t`ifiry` '�: �a tr;ir is ?rr Jt t F`3 fps rSt� s1�s)j r ' re isi3r .,aa 'sC r4x>.. ? ,a � :'.: {,�.Yr3 itkd ?n s,3 <flls'{}'If l;' 'k6f t}Y {�.�rk # rJ~✓t{'P`zafzky- ., ft✓rsjl(�T frt�£ J� � ✓ rz5, �tr zs`%z�'?aff l d d j{I rrid� Jt"�s'�i%it{lf&`�rhv�IL�s s tf' rP'�d.}ter}k' ;�},✓r�Yr?cff 39r��JU'�, by�r�� d € v �,fsr .,,.`�dS�✓Irr r€t zd�rl r�t���F7€t�{ zL�e �llrr �i ?F'€trtl�Z{}Ffi ��Sz?. U{ ���{��>kt f",'��s{�:,ft SS�kz„#!� 'r'^f4?t k�'.a'f .✓: a r s.r"`{=kj?r��f}���z3�{�{�,,rT���`�r�r'r;l�rlP� {I? fsZSj�r rPssar 1z ��� £ � �1 r!s,fl z'-J✓`"�d'ify r4s?�#%s'�ff>7 ? �..if r' r?. 1` t f rz�f"`����t$4€43�7�'}fflfr�ll 'r?�" �� d.ri{../,�:�s€rtfztGft�����},t�;.?✓r r/�i�T? # �rr�rC�srts�s'# �lrtar�l )�1� sNa`T r�{St�.sLti���1€��� � ,;s,� ,"3 dir�7f.r�U�ctf�:Tr✓iJ`n c>h-z����z� ;S,,s�:rs5r���rs1r 3J'}frf frr�'?s.0 fl�7r�Zr r, rS;f r, �{ ���F s t�T �Ld �rYf'r2�: trr, tzr�✓ �r r f3l f'y�fa�aFV 3;�Slr rr,#�/;{�di z� rr!1r�ali }3;�T€��1 �, (re,'�s�Z r�:'3`€t �zTJ��S`t'�rty; >1'f1,rJ�"�Ft{zl� .Jras, �:ZS✓F"-.L,.U(r YSiL))Y�.Ff S✓t r"'','ra(�r✓{rrfa 'l}t'2��P€.afa l�r..,. �:,i'�?a f"?;%"fa'�€rt�j 't�, ,r.✓sus,. ff%i rz;, l�„1�;i3�P'";s,e;>�,,r}>%"s;`ft�s T1kr/f��slvs'�3r�f'��1 tlr'U✓F'�ft .rz>, -.k t t rN'k1: ,; ?zczl�II?� �trsr � �.j.zt,>. ✓art d?.>jt.. �rsrf s, Lt�f�,ff tt#r.��i; tr��x'yt'raF;a3�cf}<F.15i.?�{`aa �'4��3��rsZJfk✓`.. �, s�, €s;t>atz`r��?, r;S�s�, :-s{zr 74( fJFiri'd,''`(P"�x t z}�Jl.l✓#3 cf �f�.T?I�.<�U'�''�rzkt.1.b,{�lf`;,�§sPt#t r,r+t s�„??;>�j`k ��G3�r�F 3`�r'£ r?t£i`13�c'r��d.>zf,{TZ�t� �r .; rtr' Ik/a rrt 3sls'<at ssal{fie �Js}f 5 A"r{rr sZ,� mt3nft�FSS €J�,?rs} 9<'1r.,a'F„7..., .';s.�fi?jk{lra�c'2.r'IM1 � - r.z�,rr' 'trj.,, 'Z✓t� ��?.j"f?..�r2£"Lf s lbr�saflr,'n£'};,£`,r krrz'r,1L�?S��rJ�t��`/u a� „�,r�hr�,cr�r:.£? ?✓n,ss�;�„J�:lava'P, ,,,r � ut£."c.>1� {{�J�..r��3 `?fl s1;;..fZa .:Past� r�k ii}t`�1'�r`T'a^rf r�`£�ZifGF�a 3?{�r 7'#...3t f.:,sl��z ors: .1'"3t"t'%I�rn4?>,: ?Y ra.�r` r2€ffc i`rsr¢itG�`?'1"PZl�7f^(fi✓gr �.�ziz{�Z��„`��3{rs Z,kri�3ur }S�1iUZ}P.Li,a{��<}fis7 fi.�sr.�fnS"'F;i:tCfr. rtrffstf�t }s rrcz�r"pct;�i Viz:,- r2v f�r �. 7'f?�cU�a��r7rc�� .ok rxl...,r.n£I?:�r?rrfsttr:r� ��,',�rz��rcJ'T4 t,iY Irm`1 v{T r' .r <G.. :r n\};.:� :.1 f.< 2 rM1 €TgF M k, xa,3r1 rtrris-lr Fr'/�'r jrm ;3ri�?Isr ett'x;� _ ?a5 fr,,, �' r<;3rzP of rv?rf�r 2l rufz ,: ;�s✓r"S:, Srs,?£ .€{{r 4 n;s„rr,f,..��?,r�rJr�z:{lf�.,:� s`�'?�zt?.z .,/ �rf f� r' ,/?t>�r,�^`zUa�✓` �r r fir r r�g, rrr Y� „�rrtr�,r ��rr r i � l �t�;fr�rrlSr� Yr,lrl rY ff nr� f S A I k tt� s` t, } �1 r s ® 1 all Y } 5 "yRO I I: IS fjl 1{ h � I t x f i _1l' ✓ .,mow" D TG �,',,.,w�,�,,, � ��1. p � s rr 's iJ �Pl �t I l Cyr CO's � v PH �aRPOa,E AGENDA MEMORANDUM 1852 City Council Meeting of September 17, 2013 DATE: September 4, 2013 TO: Ronald L. Olson, City Manager FROM: Dan Biles, P.E. Director of Engineering Services DanB @cctexas.com 361-826-3729 Valerie Gray, P.E. Director of Storm Water and Street Operations ValerieG @cctexas.com 361-826-1875 UPDATE TO CITY COUNCIL Street Preventive Maintenance Program STAFF PRESENTER(S): Name Title/Position Department 1. Dan Biles, P.E. Director of Engineering Services Engineering Services 2. Valerie Gray Director of Storm Water and Storm Water Street Operations 3. Mark Van Vleck Interim Assistance City Manager City Managers for Public Works & Utilities OUTSIDE PRESENTER(S): None BACKGROUND: Status update and information briefing on Street maintenance LIST OF SUPPORTING DOCUMENTS: PowerPoint C� O 3 � N cn � �V O U cry { F; CA /7 yA @��a 4f^r 4✓uj W i to Zi CA QQ{ 2 CV V tin � _ o2a ' v v � c V1 O 4-j p O cz O �+ cz +-1 O 4—j ct � � ® O •� � � O .4in • p cz O U � � � � � � 5 � � 4 4—j 75 75 � � O -j Zj o a-j ,-� so r4 C\l co LO Z-5 moo{ t ryRg U W S L c W co x o2a v v � . 0 V CD PP 4,o •u L H 1 t y r3 r fF Pl �f y }✓}�RI�r�rd mow/ U � H m r GJ W L w .v Her nf� 3 U L � V � a..� •� r?f�r7s�5f{fit r3}�,sf r�F'�Y� i6 b�i r F}�s} �rrs�Is€ JIr L ��''f�rzr'r✓s�rr`�}} e r �SSZ� L r a CA tin 2 W v v 0i o • � PPS, +�-+ ,M Q O p p � � u N Q �D a W .� ° 4-j ^ O +- N O 4-j CO Ct O O W a� r e CA QQ4 2V - U a) )=— Ln cr o2a 0 CD ra 4,0 U LU RE 3 s ov a c pP�, U uj CIA CIO) r s£ h�7y£ f J � F £ f ,£ : I I Itk I r i I r� r I ; { �� e r fr M � S 0 c PPS, Cos ct ilk s r➢ � F. i P41i(i y if t` � Illlil4 t `Y g ' r� j 7 � I�I 2 i � xy � r � C re � 4 f J e Cyr CO's � v PH �aRPOa,E AGENDA MEMORANDUM 1852 City Council Meeting of September 17, 2013 DATE: September 4, 2013 TO: Ronald L. Olson, City Manager FROM: Dan Biles, P.E. Director of Engineering Services DanB @cctexas.com 361-826-3729 Valerie Gray, P.E. Director of Storm Water and Street Operations ValerieG @cctexas.com 361-826-1875 UPDATE TO CITY COUNCIL Street Component Discussion STAFF PRESENTER(S): Name Title/Position Department 1. Dan Biles, P.E. Director of Engineering Services Engineering Services 2. Valerie Gray Director of Storm Water and Storm Water Street Operations 3. Mark Van Vleck Interim Assistance City Manager City Managers for Public Works & Utilities OUTSIDE PRESENTER(S): None BACKGROUND: Discussion on the street components LIST OF SUPPORTING DOCUMENTS: PowerPoint CA RQ Lmp C) LP Im- a 3 CA LP CD � N 4� V O � U cry i . t� C Aw C® a®� uW r tli a W � cv �, N Q +r = COA " ca I P$i, CL 0 f h r a �i �✓ h t) S � frr 2,tllGl � J f,. rats " S r f ;G �F rc, < fl rr' sit car /11 •r) � ri` 1,5?/S I ` a i 5 Co f qia�. Q ¢ r ( G r '1,'if' CA p i� rr ri � r l i j r� i a f 113 {� ch f x 3 c 0 C frj{ { P uuj ti�v r tFt; s { 11_ r d S � ro t J; r: i { s° City AGENDA MEMORANDUM Corpus Christi for the City Council Meeting of 9/17/2013 DATE: 8/15/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael MoC_cctexas.com 361-826-3460 PRESENTATION — Parks and Recreation Advisory Committee Annual Update STAFF PRESENTER(S): Name Title/Position Department 1. Michael Morris Director Parks & Recreation OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Rick Barrera Member Parks & Recreation Advisory Committee BACKGROUND : The Parks and Recreation Advisory Committee (PRAC) is a City Council appointed committee charged with providing advice on projects, programs and policies related to Parks and Recreation. The Committee comes to City Council on an annual basis to give an update on their activities over the past 12 months. PRAC has invested a considerable amount of time and energy into making Corpus Christi a better place to Live, Learn and Play over the past year. This presentation is a summary overview of their accomplishments. LIST OF SUPPORTING DOCUMENTS: Presentation u. t h n n � ���✓//,�i /j� ✓dill s}}� ��� ' r✓i i J/F �//i��//� ��"r;(>{r�liiy� I}'� ✓ i�u � � i� `u�'��.:s�' F: ,+�f3 .rife " a° -�v}��'t��� ��/�/fr l/�/%'/r�•,l/�t}}iE i , � 1y/ ��% >r✓✓✓ ISI r/ asy Corpus Christi Parks Recreation Advisory Committee Spreading the News". em r. Corpus ii Parks & Recreation i Committee Council Report to Council,September 17, 2013 CCPRAC Report to Page 1 z ; r Y r Getting the Word Out More than 2000 friends on FaceBook out in the community listening to residents concerns and suggestions. t SHARING- RAC 3 bring a ide range of perspective and life experience t heir cOmmittee CCPRAC Report to Council, Page 2 a� { a � c z £ Out and About'. w Touring HEB Tennis Center Tree Planting Campaign Visiting HEB Pool a r: q� F f 0 a Volunteering Senora Arbol Hidden Beauty a d ' f w ,r Skatepark Dedication Artesian Adopt-A-Park Thanking volunteers Council,CCPRAC Report to Page 3 2 ��.X,.a✓ns2.,:+.as..:xlf;,U�Y+� .,In.//f!£%,M ,f'ik F.lnl„�,./vYtPrY�?'.tk%z`.,,�r"',h,b,,,4..;..!'f;d"rntf.x..;,f,,. .+J f ..,%t,nX� Magic Ball l� The Parks and Recreation 1 Parks and Recreation 1 r journey . Its reminder that there are its to enjoy life to life or physical ability, there r something r everyone Click the link below or visit YouTube and search i ll CCPRAC Report to Council, Page 4 se c i ¢ aR AGENDA MEMORANDUM 182 for the City Council Meeting of September 17, 2013 DATE: September 11, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV @cctexas.com (361) 826-3246 Wastewater Trust Funds Discuss solvency of Trunk Line System Trust Fund STAFF PRESENTER(S): Name Title/Position Department 1. Mark Van Vleck, PE Director Dev Services OUTSIDE PRESENTER(S): Name Title/Position Organization 1. None BACKGROUND : Provide background information on solvency of the Wastewater Trunk Line System Trust Fund and provide recommended actions to be taken. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation ......................... 4 � 0 k M V `} cn 4--j +-j v u v CIO 3 � � / RE o /� CIO •.--�.. lol //ll III un l ?j I / i e s c c 0 y ia t / F / / I I -J V Il V un l (Z�/ •^ � v / rl a5� / F—I l l � I / /� s r�4 4-j U � � o � ,-� 00 / OR, •� •� \ 4-j 00 i O / 4-j 4 , 00 O cn I; •� O 0 II / o 4-j O / l/ a--+ cn 4-j �"� O U O O �' O !, O O O O N N N N U f, y l 0 / /� s 1 7�l IN 5 VJ x r r4—j 1� O { r s 4—j� 1�1 a-J '-� a--+ / ICI cn / / V ✓ ro C/� W ............... l j I / 1 7�l IN 5 x 7 i " S i s l,� V „ V 00 °N° M u lf' 00 N M Vs II II II � " II 1 �--I ' v �i� i--I •�--I a--+ �-i i-i a--+ �J �� s i t IkI� r & DO f uv- Cal) mom A I ! F/. VIER/ y mill i mums 610 r ii } kik r, r WE V AZT- 0 : AN gp �m.......... ........................ t� / E l ?j l k I / // � '//�/A �,k' 41 7�l 5 f 11 L� 1� •JQ Q J 1JJ� l^^I 1� V 1 X •� .� CA ja II 4--+ i% £ •^ CA V j s:� • / CA II CA 4-J Nil • V � O .� 4..j / Cad .� ;-4 O / l I / /� s /l / i r V M � IN r*4 •� 4-J cn O •� � V / � V � p 4-J V 4 -+ Cn cn cp cn i CIO / / �' +� 4^--+ 4-j ' v l I / /� s 1 7�l IN c c cn cn 4-+ { � v cn Q cn l/. / / c i/ 4-j / bz 4—� 4-j cn / / q /l 4 l I / 1 7�l IN 5 Ln Ol l0 Ol N 00 y Lr 00 Z Lr N Z r14 N CF) r14 c-1 c-1 Ln r I c-I c-I Ln Ln Iwo E M 00 ++ M N a_+ l0 N 00 E E `V E Ln rn / O l/ M R O m Ln m O m �o N 0 C: Ln 0 to a LL. t 3 C C ++ 0 4 1 C: +' A O Ln Ln q i U C: 42/ i to 0 l ?j l � I /