HomeMy WebLinkAboutAgenda Packet City Council - 05/13/2014 Corpus Christi 1201 Leopard Street
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Meeting Agenda - Final
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City Council
Tuesday, May 13,2014 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 Chaplain Lynn Blackler, CHRISTUS Spohn Health
System.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers.
E. Proclamations /Commendations
1. 14-00539 Proclamation declaring May 2014, as "Older Americans Month"
Proclamation declaring May 2014, as "ElderAbuse Prevention Month"
Proclamation declaring May 11-17, 2014, as "National Hospital Week"
Proclamation declaring May 13, 2014, as "Flour Bluff Junior High School
and Intermediate TMSCA Champions 1986-2014"
Proclamation declaring May 13, 2014, as "Retired Teachers' Day"
Proclamation declaring May 15, 2014, as "Dr. Hector P. Garcia & Dr.
Cleo Garcia American GI Forum Chapters of Texas Stand Up for
Veterans 3rd Annual Scholarship Awards Banquet"
Proclamation declaring May 18-24, 2014, as "National Public Works
Week"
Certificate of Commendation Presentation to the Flour Bluff High School
Pink Lady Hornets Robotic Team
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City Council Meeting Agenda-Final May 13,2014
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.
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:
a. City Performance Report -Finance Department
b. Water Conservation
C. Other
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. 14-00531 Executive Session pursuant to Section 551.071, Texas Government
Code, and Rule 1.05, Texas Disciplinary Rules of Professional Conduct,
for consultation with the interim city attorney regarding General Open
Records Opinion OR2014-07118 and contemplated litigation, with
possible action and discussion in open session.
3. 14-00541 Executive session pursuant to Section 551.071 of the Texas
Government Code for consultation with attorneys regarding fire
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City Council Meeting Agenda-Final May 13,2014
collective bargaining negotiations with possible discussion and action in
open session
I. MINUTES:
4. 14-00538 Regular Meeting of April 29, 2014
Attachments: Minutes-April 29, 2014
J. BOARDS &COMMITTEE APPOINTMENTS: (NONE)
K. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed as motions,
resolutions, or ordinances. If deemed appropriate, the City Council will use a different
method of adoption from the one listed;may finally pass an ordinance by adopting it as
an emergency measure rather than a two reading ordinance;or may modify the action
specified. A motion to reconsider may be made at this meeting of a vote at the last
regular, or a subsequent special meeting,such agendas are incorporated herein for
reconsideration and action on any reconsidered item.
L. CONSENT AGENDA: (ITEMS 5 -8)
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. 14-00448 Supply agreement for cement stabilized sand and cushion sand for
backfill of utility trenches after repairs are complete
Motion approving a supply agreement with G.P Transport Inc., Corpus
Christi, Texas for cement stabilized sand and cushion sand in
accordance with Bid Invitation No. BI-0124-14, based on only bid for an
estimated twelve month expenditure of$167,250.00 of which
$69,687.50 is required for the remainder of FY 2013-2014. The term of
the supply agreement will be for twelve months with an option to extend
for up to two additional twelve-month periods subject to the approval of
the supplier and the City Manager or designee. Funds are available in
the Utilities Operations Budget in FY 2013-2014.
Attachments: Agenda Memo-Supply Agreement for Cement Stabilized Sand and Cushion Se
Bid Tabulation-Supply Agreement for Cement Stabilized Sand and Cushion Sa
6. 14-00370 Landscape maintenance agreement for landscape improvements
on State Highway 286 at J. C. Elliott Landfill Transfer Station
Resolution authorizing the City Manager, or designee, to execute a
Landscape Maintenance Agreement with the Texas Department of
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Transportation (TXDOT) for landscape improvements within the project's
scope of SH 286 (Crosstown Expressway) at J. C. Elliott Landfill
Transfer Station.
Attachments: Agenda Memo-SH 286 JCE LF Transfer Station Landscape Maintenance Agre
Resolution -SH 286 JCE LF Transfer Station Landscape Maintenance Agreeme
Location Map-SH 286 JCE LF Transfer Station Landscape Maintenance Agree
Presentation-SH 286 JCE LF Transfer Station Landscape Maintenance Agreer
Agreement- Landscape Maintenance JCE Transfer Station
ExhibitA-SH 286 JCE LF Transfer Station
7. 14-00454 Second Reading Ordinance - Participation agreement with
developer and reimbursement for the City's cost of South Oso
Parkway (1st Reading 4129114)
Ordinance authorizing the City Manager or designee to execute a
developer participation agreement with MPM Development, LP.,
("Developer"), to reimburse the Developer up to $215,861.52 for the
City's share of the cost to extend South Oso Parkway, in accordance
with the Unified Development Code.
Attachments: Agenda Memo- Participation Agreement, King Estates Unit 4
Ordinance- Participation Agreement, King Estates Unit 4
Aerial Map-Participation Agreement, King Estates Unit 4
Agreement-Signed Participation Agreement, King Estates Unit 4
Exhibits-Agreement 1-4-Participation Agreement, King Estates Unit 4
8. 14-00455 Second Reading Ordinance -Approving an agreement and
appropriating funds to reimburse developer for the construction of
water arterial transmission and grid main line located south of
Leopard Street and east of McKinzie Road (1st Reading 4129114)
Ordinance authorizing the City Manager or designee to execute a water
arterial transmission and grid main construction and reimbursement
agreement ("Agreement") with First Landmark Development Inc.,
("Developer"), for the construction of a water arterial transmission and
grid main line and appropriating $104,218.24 from the No. 4030 Arterial
Transmission and Grid Main Trust Fund to reimburse the Developer in
accordance with the Agreement.
Attachments: Agenda Memo-Overland Meadows Unit 6, Reimbursement Agreement
Ordinance-Overland Meadows Unit 6, Reimbursement Agreement
Aerial Map-Overland Meadows Unit 6, Reimbursement Agreement
Agreement-Signed Overland Meadows Unit 6, Reimbursement Agreement
Exhibits 1-5-Overland Meadows Unit 6, Reimbursement Agreement
M. PUBLIC HEARINGS: (ITEMS 9 -13)
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9. 14-00487 Public Hearing and First Reading Ordinance -Rezoning from the
"RS-6" Single-Family 6 District to the "ON" Office District for Klatt
Thomas, LLC on property located at 4302 Interstate Highway 69
Case No. 0414-01 Klatt Thomas, LLC: A change of zoning from the
"RS-6" Single-Family 6 District to the "ON" Office District, resulting in a
change to the Future Land Use Plan from commercial and medium
density residential to office uses. The property is described as Lot 22,
River Forest Acres, located along the northwest side of Interstate
Highway 69, between Teague Lane and Cornett Road.
Planning Commission and Staff Recommendation (April 9, 2014):
Approval of the change of zoning from the "RS-6" Single-Family 6
District to the "ON" Office District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Klatt Thomas, LLC ("Owner"), by changing the UDC
Zoning Map in reference to Lot 22, River Forest Acres, from the "RS-6"
Single-Family 6 District to the "ON" Office District; amending the
Comprehensive Plan to account for any deviations; and providing for a
repealer clause and publication.
Attachments: Agenda Memo- Klatt Thomas, LLC
Ordinance- Klatt Thomas, LLC
Aerial Overview Map- Klatt Thomas, LLC
Zoning Report-Klatt Thomas, LLC
10. 14-00490 Public Hearing and First Reading Ordinance -Rezoning from the
"RS-6" Residential District to the "CG-2" General Commercial
District for Peterson Properties, Ltd. on property located at 5425 &
5515 Old Brownsville Road & 809 South Padre Island Drive
Case No. 0414-02 Peterson Properties, Ltd.: A change of zoning from
the "RS-6" Single-Family 6 District to the "CG-2" General Commercial
District, resulting in a partial change to the Future Land Use Plan from
light industrial to commercial uses. The property is described as being a
118.30-acre tract of land out of Lots 9, 10, 11, 14, 15, and 16, Section 5,
Range VIII, of the Gugenheim and Cohn's Farm Lots, located between
Old Brownsville Road (FM 665), South Padre Island Drive (SH 358), and
West Point Road.
Planning Commission and Staff Recommendation (April 9, 2014):
Approval of the change of zoning from the "RS-6" Single-Family 6
District to the "CG-2" General Commercial District.
Ordinance
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Ordinance amending the Unified Development Code ("UDC"), upon
application by Peterson Properties, Ltd. ("Owner"), by changing the UDC
Zoning Map in reference to a 118.30-acre tract of land out of Lots 9, 10,
11, 14, 15, and 16, Section 5, Range VIII, of the Gugenheim and Cohn's
Farm Lots, from the "RS-6" Single-Family 6 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.
Attachments: Agenda Memo- Peterson Properties, Ltd
Ordinance- Peterson Properties, Ltd
Map Aerial Overview- Peterson Properties, Ltd
Zoning Report-Peterson Properties, Ltd
11. 14-00491 Public Hearing and First Reading Ordinance -Rezoning from the
"RS-6" Single-Family to the "RM-1" Multifamily for John O.
Nicholson, III d/b/a Barton Street Pub on property located at 1005 &
1009 Mounts Drive
Case No. 0414-03 John O. Nicholson, III d/b/a Barton Street Pub: A
change of zoning from the "RS-6" Single-Family 6 District to the "RM-1"
Multifamily 1 District, resulting in a change to the Future Land Use Plan
from commercial to medium density residential uses. The property is
described as being a 0.421-acre tract of land out of Lots 7 and 8, Block
H, Flour Bluff Estates, located at the southeast intersection of Mounts
Drive and Melody Lane.
Planning Commission and Staff Recommendation (April 9, 2014):
Approval of the change of zoning from the "RS-6" Single-Family 6
District to the "RM-1" Multifamily 1 District.
Ordinance
Ordinance amending the Unified Development Code ("UDC"), upon
application by John O. Nicholson, III d/b/a Barton Street Pub ("Owner"),
by changing the UDC Zoning Map in reference to a 0.421-acre tract of
land out of Lots 7 and 8, Block H, Flour Bluff Estates, from the "RS-6"
Single-Family 6 District to the "RM-1" Multifamily 1 District; amending
the Comprehensive Plan to account for any deviations; and providing for
a repealer clause and publication.
Attachments: Agenda Memo-John O. Nicholson , III
Ordinance-John O Nicholson, III
Map Aerial Overview-John O Nicholson, III
Zoning Report-John O . Nicholson, III
12. 14-00508 Public Hearing and First Reading Ordinance -Rezoning from the
"RM-2" Multifamily 2 District to the "CG-2" General Commercial
District, on property located at 7601 South Staples Street (FM 2444)
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Case No. 0414-04 BCH Investment Group, LLC: A change of zoning
from the "RM-2" Multifamily 2 District to the "CG-2" General Commercial
District, resulting in a change to the Future Land Use Plan. The property
to be rezoned is described as being an 8.080-acre tract of land out of
Lots 23 and 24, Section 6, Flour Bluff and Encinal Farm and Garden
Tracts, located along the west side of South Staples Street (FM 2444),
approximately 400 feet south of Yorktown Boulevard.
Planning Commission and Staff Recommendation (April 9, 2014):
Approval of the rezoning from the "RM-2" Multifamily 2 District to the
"CG-2" General Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC'), upon
application by BCH Investment Group, LLC ("Owner"), by changing the
UDC Zoning Map in reference to a 8.080-acre tract of land out of Lots
23 and 24, Section 6, Flour Bluff and Encinal Farm and Garden Tracts,
from the "RM-2" Multifamily 2 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.
Attachments: Agenda Memo- BCH Investment Group, LLC
Ordinance- BCH Investment Group, LLC
Zoning Report-BCH Investment Group, LLC
Map Aerial Overview- BCH Investment Group, LLC
13. 14-00498 Public Hearing and First Reading Ordinance -Adopting Unified
Development Code Text Amendments for plat recordation prior to
final acceptance of infrastructure improvements
Ordinance amending the Unified Development Code to provide
Conditional Acceptance requirements by revising section 8.1.11 -
Requirements for Plat Recordation; subsections 8.1.11.A- Traffic
Engineering Department acceptance requirements, 8.1.11.B - Water
Department acceptance requirements, 8.1.11.0 - Wastewater
Department acceptance requirements, 8.1.11.D Storm Water
Department acceptance requirements, 8.1.11.E Street Department
acceptance requirements; section 8.1.12 Technical Requirements for
Final Acceptance; subsections 8.1.12.A Traffic Engineering Department
acceptance requirements, 8.1.12.B Water Department acceptance
requirements, 8.1.12.0 Wastewater Department acceptance
requirements, 8.1.12.D Storm Water Department acceptance
requirements, and 8.1.12.E Street Department acceptance
requirements.
Attachments: Agenda Memo- UDC Txt Amdmts, Conditional Acceptance
Ordinance- UDC Amdmts Conditional Acceptance FINAL 05 13 2014
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City Council Meeting Agenda-Final May 13,2014
N. REGULAR AGENDA: (ITEMS 14 - 15)
The following items are motions, resolutions and ordinances that will be considered and
voted on individually.
14. 14-00511 Resolution supporting approval of bonds and a project relating to
Texas A&M -Corpus Christi
Resolution of the City Council of the City of Corpus Christi, Texas
authorizing the Mayor to approve the issuance of New Hope Cultural
Education Facilities Finance Corporation Student Housing Revenue
Bonds (CHF - Collegiate Housing Corpus Christi I, L.L.C. - TexasA&M
University-Corpus Christi Project) Series 2014A and to approve the
project to be acquired with the proceeds of such bonds
Attachments: Agenda Memo-TAMUCC
Resolution -Texas AM
Certificate of Public Hearing-TAMU.Corpus(E)
Letter-TAMUCC
15. 14-00542 Resolution supporting protest of McMullen County regarding
disposal facility operation application to the Railroad Commission
of Texas
Resolution of the City of Corpus Christi, Texas supporting protest letter
filed by McMullen County regarding application of PetroWaste
Environmental, L.P. to Railroad Commission of Texas for operation of a
Commercial Disposal Facility in McMullen County and authorizing the
City Manager or designee to take steps necessary to protect the City of
Corpus Christi's water sources in this application process
Attachments: Agenda Memo-Supporting McMullen County's Resolution
Resolution -V2 Supporting McMullen County Protest Letter re PetroWaste Envii
Letter of Protest-McMullen County to Railroad Commission (00749732x7A30F
O. FIRST READING ORDINANCES: (ITEMS 16 -18)
16. 14-00503 First Reading Ordinance - Lease agreement for North Bayfront Park
kiosk
Ordinance authorizing the City Manager or designee to execute a five
year term lease agreement with the Corpus Christi Convention & Visitors
Bureau for the North Bayfront Park Kiosk, located on North Shoreline
Blvd, near the intersection with Resaca Street; Lessee agrees to pay the
City $200 on a monthly basis beginning May 1, 2014; terminating a 1998
lease agreement with the Corpus Christi Business Alliance, a
predecessor entity for the Corpus Christi Convention & Visitors Bureau,
for the Tex Mex Railroad Depot located on North Chaparral Street;
appropriating $1,000 of anticipated rental income in the No. 4710
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Visitors Facility Fund for the maintenance of the North Bayfront Park
Kiosk; changing the FY2013-2014 Operating Budget adopted by
Ordinance No. 029915 by increasing revenues and appropriations by
$1,000 each.
Attachments: Agenda Memo- North Bayfront Park Kiosk
Ordinance- North Bayfront Park Kiosk lease
Lease Agreement-CVB North Bayfront Park Kiosk
17. 14-00470 First Reading Ordinance -Appropriating funds for the Utilities
Department reorganization and maintenance services
Ordinance changing the FY 2014 budget adopted by Ordinance 029915
to appropriate and approve a transfer of$268,017 from Storm Water
Fund 4300 to and appropriate in Street Fund 1041 and reducing the
transfer from Water Fund 4010 to Storm Water Fund 4300 by $59,540
and appropriating $59,540 in the Engineering Fund 5310 to cover costs
associated with transfer of staff due to recent reorganization; to
appropriate and approve a transfer of$1,536,333 from Fleet
Maintenance Fund 5110 to and appropriate in the Facilities Maintenance
Fund 5115 for noncash assets and liabilities; and increasing revenues
and expenditures by $1,744,810.
Attachments: Agenda Memo-funds transfer for Utilities Reorg
Ordinance Final V2-Transfer for Utility Reorq and transfer for Fleet Maintenanc
18. 14-00505 First Reading Ordinance -Closing a portion of a 15-foot wide utility
easement located northeast of Junior Beck Drive and southwest of
South Padre Island Drive
Ordinance abandoning and vacating a portion of a 15-foot wide utility
easement out of Lots 5A and 6A, Industrial Technology Park Unit 1, and
requiring the owner, Agnes Properties, to comply with the specified
conditions.
Attachments: Agenda Memo-Abandon and Vacate, Industrial Technology Park, Unit 1
Ordinance-Abandon and Vacate, Industrial Technology Park, Unit 1
P. FUTURE AGENDA: (ITEMS 19 -27)
The following items are for Council's informational purposes only. No action will be
taken and no public comment will be solicited.
Vehicle Purchases (Related Items 19 -23)
19. 14-00445 Purchase of two CNG pickup trucks for use at landfill
Motion approving the purchase of two (2) CNG pickup trucks from Burns
Motors LTD, McAllen, Texas in accordance with Bid Invitation No.
BI-0136-14 based on only bid for a total amount of$75,600.00. Funding
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City Council Meeting Agenda-Final May 13,2014
for the purchase of CNG pickup trucks is available in the Capital Outlay
Budget of the Maintenance Service Fund.
Attachments: Agenda Memo-CNG Pickup Trucks.pdf
Bid Tabulation-CNG Pickup Trucks.pdf
Presentation-CNG3 FOR ITEMS 19-13
20. 14-00457 Purchase of thirty-one (31)trucks and one (1) SUV and
Lease-purchase of fifty(50) trucks
Motion approving the purchase of five (5) heavy trucks, twenty-six (26)
light trucks, and one (1) SUV and the lease-purchase of five (5) heavy
trucks, and forty-five (45) light trucks for the total amount of
$2,896,263.60, of which $1,077,464.00 is required for the remainder of
FY 2013-2014. The vehicles are awarded to the following companies for
the following amounts in accordance with Bid Invitation No. BI-0117-14
based on lowest responsible bid and on lowest local bid. Funding for the
purchase of vehicles is available in the Capital Outlay Budget of the
Maintenance Service Fund and the Municipal Information System Fund.
Financing for the lease-purchase of vehicles will be provided through the
City's lease-purchase financing contractor.
Grapevine DCJ, LLC Silsbee Ford AutoNation Ford
Grapevine, TX Silsbee, TX Corpus Christi, TX
Items 13 & 26 Items 2, 4, & 9 Items 1, 3, 5-8, 10-12,
14-25, 27-31
$45,642.60 $82,572.00 $2,768,049.00
Grand Total: $2,896,263.60
Attachments: Agenda Memo-CNG Vehicles.pdf
Bid Tabulation-CNG Vehicles.pdf
21. 14-00450 Lease-Purchase of four(4)freightliner trucks and four(4) Peterson
lightning loader bodies for brush collection
Motion approving the lease-purchase of four (4) Freightliner trucks from
Houston, Freightliner, Inc., Houston, Texas and four (4) Peterson
lightning loader bodies from Texan Waste Equipment, Inc., Houston,
Texas for a total amount of$520,120. The award is based on the
cooperative purchasing agreements with the Houston-Galveston Area
Council of Governments (HGAC) and the Texas Local Government
Purchasing Cooperative (TLGPC). Funding is available from the City's
lease-purchase financing contractor.
Attachments: Agenda Memo- Freightliner Trucks and Peterson Lightning Loader Bodies
Price Sheet- Freightliner Trucks and Peterson Lightning Loader Bodies
22. 14-00451 Lease-Purchase of three (3)freightliner trucks and Peterson
rear-steer loader bodies for brush collection
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Motion approving the lease-purchase of three (3) Freightliner trucks
from Houston, Freightliner, Inc., Houston, Texas and three (3) Peterson
rear-steer loader bodies from Texan Waste Equipment, Inc., Houston,
Texas for a total amount of$443,520. The award is based on the
cooperative purchasing agreements with the Houston-Galveston Area
Council of Governments (HGAC) and the Texas Local Government
Purchasing Cooperative (TLGPC). Funding is available from the City's
lease-purchase financing contractor.
Attachments: Agenda Memo-V. 2 Freightliner Trucks and Peterson Rear-Steer Loader Bodie
Price Sheet- Freightliner Trucks and Peterson Rear-Steer Loader Bodies
23. 14-00449 Purchase of one freightliner vacuum truck and sewer cleaner body
for wastewater collection main line maintenance
Motion approving the purchase of one (1) Freightliner truck from
Houston Freightliner, Inc., Houston, Texas and one (1) VAC-ALL sewer
cleaner body from Waukesha-Pierce Industries, Inc., Dallas, Texas for a
total amount of$322,073.45. The award is based on the cooperative
purchasing agreement with the Houston-Galveston Area Council of
Governments (H-GAC). The unit is a replacement to the fleet and will be
used by the Utilities Department. Funds are available in the Fleet
Maintenance Services Fund FY 2013-2014.
Attachments: Agenda Memo- Purchase of Freightliner Vacuum Truck
Price Sheet- Purchase of Freightliner Vacuum Truck
24. 14-00447 Service agreement for school crossing guard program
Motion approving a service agreement with All City Management
Services, Houston, Texas to administer the School Crossing Guard
Program in accordance with Bid Invitation No. BI-0114-14 based on only
bid for an estimated twelve-month expenditure of$257,936.40 of which
$46,897.53 is required for the remainder of FY 2013-2014. The term of
the service agreement will be for twelve-months with an option to extend
for up to two additional twelve-month periods subject to the approval of
the service provider and the City Manager or designee. Funds are
available in the General Fund and the Red Light Photo Enforcement
Fund in FY 2013-2014.
Attachments: Agenda Memo-Service Agreement for School Crossing Guards
Bid Tabulation-Service Agreement for School Crossing Guards
Service Agreement for School Crossing Guard Program
25. 14-00522 Interlocal agreement and approval for submission of grant
application for Federal funds from the Edward Byrne Memorial
Justice Grant (JAG) Program FY 2014 Local Solicitation
Resolution authorizing the City Manager, or designee, to submit a grant
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application in the amount of$168,613 to the U.S. Department of Justice,
Bureau of Justice Assistance for funding eligible under the Edward
Byrne Memorial Justice Assistance Grant (JAG) Program FY 2014 Local
Solicitation with 50% of the funds to be distributed to Nueces County
under the established Interlocal Agreement; and authorizing the City
Manager or designee to execute Interlocal Agreement between the City
of Corpus Christi and Nueces County to establish terms for the sharing
of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2014
Local Solicitation.
Attachments: Agenda Memo-JAG application 05.13.2014
Resolution -Edward Byrne Grant 2014- Police
Interlocal Agreement-JAG-14
26. 14-00460 Contract amendment no. 1 for on-call engineering services for
dams for construction phase services
Motion authorizing the City Manager or designee to execute Amendment
No. 1 to the engineering contract with Freese and Nichols, Inc. of
Corpus Christi, Texas in the amount of$10,500, for a total restated fee
not to exceed $60,000 for On-Call Engineering Services for Dams for
construction phase services.
Attachments: Agenda Memo- Eng Svcs for Dams
Project Budget- Eng Svcs for Dams
Location Map- Eng Svcs for Dams
Contract- Eng Svcs for Dams
Presentation- Eng Svcs for Dams
27. 14-00521 Approval of a reservation agreement with Flint Hills Resources
Corpus Christi, LLC for use of recycled water
Motion authorizing the City Manager or designee to execute an
Agreement for Exclusive Reservation of Recycled Water (the
"Reservation") with Flint Hills Resources Corpus Christi, LLC (FHR) for 2
million gallons per day (MGD) of recycled water.
Attachments: Agenda Memo- FHR Recycled Water Reservation 05-07-14
Agreement- FHR 2 MGD Reservation Agreement(AWWTP)
Q. BRIEFINGS TO CITY COUNCIL: (NONE)
The following items are for Council's informational purposes only. Council may give
direction to the City Manager, but no other action will be taken and no public comment
will be solicited.
R. ADJOURNMENT
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Corpus Christi,TX 78401
cctexas.com
Meeting Minutes
City Council
Tuesday,April 29,2014 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.
Mayor Martinez called the meeting to order.
B. Invocation to be given by Dr. Bob Eckhert.
Dr. Bob Eckhert gave the invocation.
C. Pledge of Allegiance to the Flag of the United States.
Director of Gas Operations Debbie Marroquin lead the Pledge of Allegiance.
D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca Huerta called the roll and stated that a quorum of the
Council and required Charter Officers were present to conduct the meeting.
City Secretary Huerta announced that Mayor Pro Tern Priscilla Leal has been
granted a leave of absence.
Charter Officers:
Assistant City Manager Susan Thorpe, Interim City Attorney Barney L. Knight,
and City Secretary Rebecca Huerta.
Present: 8- Council Member Kelley Allen,Council Member David Loeb,Mayor Nelda
Martinez,Council Member Mark Scott,Council Member Chad
Magill,Council Member Colleen McIntyre,Council Member Lillian Riojas,
and Council Member Rudy Garza
Absent: 1 - Council Member Priscilla Leal
E. Proclamations /Commendations
1. Proclamation declaring April 29, 2014 as "National Mayor's Challenge
for Water Conservation Day"
Proclamation declaring May 3, 2014 as "CASA 5K SuperHero Run
Walk"
Proclamation declaring May 4-10, 2014 as "National Children's Mental
Health Awareness Week"
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Proclamation declaring May 4-10, 2014 as "Goodwill Industries Week"
Proclamation declaring May 5-11, 2014 as "National Tourism Week"
Proclamation declaring May 10, 2014 as "Lemonade Day Corpus
Christi"
Proclamation declaring May 12, 2014 as "National Peace Officers'
Memorial Day" & May 11-17, 2014, as "National Police Week"
Certificate of Commendation- Carroll & Moody High Schools, Baker&
South Park Middle Schools, and Sam Houston Elementary School for
Their Students' Outstanding Leadership in Raising Funds for the
Triumph Over Kid Cancer Foundation
Mayor Martinez presented the proclamations.
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 comments from the audience.Joan Veith encouraged
the community to thank police officers for their service to the community.Jack
Gordy spoke regarding the City's policy for transporting opossums and
requested this item be placed on he agenda to reverse the current policy.
Foster Edwards, CEO of the Corpus Christi Chamber of Commerce provided
highlights from the Chamber's recent"CB to DC"trip and thanked Council
Member Magill for attending.Tim Dowling spoke regarding a future rezoning
project that is scheduled for May 13th and spoke in opposition to the location
of the project.Tom Corbin also spoke in opposition to the upcoming zoning
project because of the location and negative impact it would have on the
neighborhood. Camille Thomason requested a full accounting of the Waiver
1115 funds. Johnny French expressed concern regarding the opossum release
locations and the affect the releases will have on migratory birds and
endangered species.
G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS:
Mayor Martinez referred to City Manager's Comments.
a. City Performance Report -Capital Programs
Interim Director of Capital Programs Natasha Fudge provided a briefing on the
operations, mission, and goals of the Capital Programs Department.
b. Other
None.
H. EXECUTIVE SESSION: (ITEMS 2 -3)
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Mayor Martinez referred to the day's executive sessions.The Council went into
executive session.
2. Executive session pursuant to Sections 551.071 and 551.072, Texas
Government Code, and Rule 1.05 Texas Disciplinary Rules of
Professional Conduct, regarding acquisition of permits and easements
related to Mary Rhodes Pipeline Phase II, with possible discussion
and action in open session.
This E-Session Item was discussed in executive session
3. Executive session pursuant to Texas Government Code Section
551.074 Personnel Matters to deliberate the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal
of all Municipal Court Judges with possible discussion and action in
open session.
The Council returned from executive session. Mayor Martinez stated that the
following motion was discussed in executive session for Council
consideration:
Motion granting step increases for all Municipal Court Judges (Judge Patrick
O'Hare,Step 7,$90,674;Judge Rodolfo Tamez,Step 11,$100,087; Judge Inna
Rogoff-Klein,Step 7, $90,674; Judge Julianna Rivera,Step 7, $90,674; Judge
Mike Alaniz,Step 7,$90,674; Presiding Judge Margie Flores,Step 9,$105,018;
Part-time Judge Todd Anthony Robinson,Step 7,$15,868; Part-time Judge Ray
Anthony Gonzalez,Step 7,$15,868; Part-time Judge Jerry L. Batek,Step 7,
$15,868; Part-time Judge Christopher Elder Matt,Step 7, $15,868; and Part-time
Judge Craig Henderson, Step 7,$15,868).
Council Member Loeb made a motion to approve the motion as presented,
seconded by Council Member McIntyre.The motion was passed 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
Absent: 1 - Council Member Leal
Abstained: 0
Enactment No: M2014-051
I. MINUTES:
4. Regular meeting of April 22, 2014
Mayor Martinez called for the approval of the minutes. Council Member Garza
made a motion to approve the minutes,seconded by Council Member Magill
and passed unanimously.
J. BOARDS &COMMITTEE APPOINTMENTS: (NONE)
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K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 5 -20)
Approval of the Consent Agenda
Mayor Martinez referred to the consent agenda. Council Member Riojas
requested that Item 6 be pulled for individual consideration.There were no
comments from the public.The remaining consent items were passed by one
vote as follows:
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
Absent: 1 - Council Member Leal
Abstained: 0
5. Approval to submit a grant application to the Automobile Burglary
and Theft Prevention Authority for motor vehicle theft
enforcement
Resolution authorizing the City Manager or designee to submit a grant
application in the amount of$645,331 to the Automobile Burglary
Theft Prevention Authority (ABTPA) to continue the motor vehicle theft
enforcement grant within the Police Department for Year 14 with a City
cash match of$485,161, in-kind match of$52,045, and program
income match of$7,687 for a total project cost of$1,190, 224 and
authorizing the City Manager or the City Manager's designee to apply
for, accept, reject, alter or terminate the grant.
This Resolution was passed on the Consent Agenda.
Enactment No: 030161
7. Approving an advance funding agreement for median
landscaping on Holly Road from State Highway 286 to
Greenwood Drive (Bond 2012)
Resolution authorizing the City Manager, or designee, to execute an
Advance Funding Agreement with the Texas Department of
Transportation (TXDOT) for approximately 3,800 linear feet of median
landscaping on Holly Road from State Highway (SH) 286 to
Greenwood Drive (Bond 2012) with the City's participation in the
amount of$37,361.
This Resolution was passed on the Consent Agenda.
Enactment No: 030162
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8. Approving architectural design contract amendment no. 1 for
aquatic facility upgrades and improvements
Motion authorizing the City Manager or designee to execute
Amendment No. 1 to an Architectural Design Contract with Turner
Ramirez Associates, Inc. from Corpus Christi, Texas in the amount of
$280,050, for a total re-stated fee of $329,550, for Aquatic Facility
Upgrades and Improvements for the design, bid, and construction
phase services. BOND 2012.
This Motion was passed on the Consent Agenda.
Enactment No: M2014-053
9. Professional Service Agreement for Consulting Services related
to the RESTORE Act
Motion approving a professional service agreement with Tim
Richardson, Rockville, Maryland to provide consulting assistance to
the Environmental & Strategic Initiatives Department to secure
Deepwater Horizon (DWH) restoration funding, for a total expenditure
of$80,050, of which $40,025 is required in FY 2013-2014. The term of
the agreement will be for twelve months with options to extend for up
to two additional twelve-month periods, subject to the approval of the
service provider and the City Manager, or designee. Funds have been
budgeted by the using Department in FY 2013-2014.
This Motion was passed on the Consent Agenda.
Enactment No: M2014-054
10. Construction contract for facilites ADA improvements at the
South Texas Art Museum and barge dock parking lot(Bond 2012)
Motion authorizing the City Manager, or designee, to execute a
construction contract with JE Construction Services of Corpus Christi,
Texas in the amount of$294,386.80 for Facilities ADA Improvements:
South Texas Art Museum and Barge Dock Parking Lot for the Base
Bid plus Additive Alternate No. 1. (Bond 2012)
This Motion was passed on the Consent Agenda.
Enactment No: M2014-055
11. Second Reading Ordinance - Rezoning from the "CG-2" General
Commercial District to the "IL" Light Industrial District, on
property located at 5650 Wooldridge Road (1st Reading 4122114)
Case 0314-02 - Morent, LLC - Series A: A rezoning from the "CG-2"
General Commercial District to the "IL" Light Industrial District,
resulting in a change to the Future Land Use Plan from commercial to
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light industrial. The property is described as Lot 4, Block 16-D, Lokey
Subdivision, located along the north side of Wooldridge Road,
approximately 530 feet east of South Staples Street.
Planning Commission and Staff Recommendation (March 26, 2014):
Approval of the change of zoning from the "CG-2" General
Commercial District to the "IL" Light Industrial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC'), upon
application by Morent, LLC - Series A("Owner"), by changing the UDC
Zoning Map in reference to Lot 4, Block 16-D, Lokey Subdivision, from
the "CG-2" General Commercial District to the "IL" Light Industrial
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 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
Absent: 1 - Council Member Leal
Abstained: 0
Enactment No: 030163
12. Second Reading Ordinance - Rezoning from the "FR" Farm Rural
District to the "CG-2" General Commercial District on Tract 1; to
the "RM-2" Multifamily 2 District on Tract 2; to the "RM-1"
Multifamily 1 District on Tract 3; to the "RS-4.5" Single-Family 4.5
District on Tract 4; and to the "RS-TF" Two-Family District on
Tract 5, on property located at 8010 Yorktown Boulevard (1st
Reading 4122114)
Case 0314-04 Dorsal Development, LLC: A change of zoning from
the "FR" Farm Rural District to the "CG-2" General Commercial District
on Tract 1; to the "RM-2" Multifamily 2 District on Tract 2; to the
"RM-1" Multifamily 1 District on Tract 3; to the "RS-4.5" Single-Family
4.5 District on Tract 4; and to the "RS-TF"Two-Family District on Tract
5. The property is described as being a 70.201-acre tract of land out of
Lots 7, 8, 9 and 10, Section 25 and Lots 1, 2, 5 and 6, Section 34,
Flour Bluff and Encinal Farm and Garden Tracts, located along the
north side of Yorktown Boulevard at the intersection of Starry Road.
Planning Commission and Staff Recommendation (March 26, 2014):
Approval of the change of zoning for all Tracts.
Ordinance
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Ordinance amending the Unified Development Code ("UDC'), upon
application by Dorsal Development, LLC ("Owner"), by changing the
UDC Zoning Map in reference to a 70.201-acre tract of land out of
Lots 7, 8, 9 and 10, Section 25 and Lots 1, 2, 5 and 6, Section 34,
Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm
Rural District to the "CG-2" General Commercial District on Tract 1; to
the "RM-2" Multifamily 2 District on Tract 2; to the "RM-1" Multifamily 1
District on Tract 3; to the "RS-4.5" Single-Family 4.5 District on Tract 4;
and to the "RS-TF" Two-Family District on Tract 5; 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: 030164
13. Second Reading Ordinance - Rezoning from the "RS-6"
Single-Family 6 District to the "CG-2" General Commercial
District, on property located at 11930 Leopard Street (1st Reading
4122114)
Case 0314-03 ZEBA, LLC: A change of zoning from the "RS-6"
Single-Family 6 District to the "CG-2" General Commercial District,
resulting in a change to the Future Land Use Plan from low density
residential to commercial uses. The property is described as being a
5.864-acre tract of land out of Tract 11 of the Partition of the Estate of
John B. Harney, located between Leopard Street and Interstate
Highway 37, approximately 1,200 feet east of Callicoatte Road.
Planning Commission and Staff Recommendation (March 26, 2014):
Approval of the change of zoning from the "RS-6" Single-Family 6
District to the "CG-2" General Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC'), upon
application by ZEBA, LLC ("Owner"), by changing the UDC Zoning
Map in reference to a 5.864-acre tract of land out of Tract 11 of the
Partition of the Estate of John B. Harney, from the "RS-6"
Single-Family 6 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: 030165
14. Second Reading Ordinance -Accepting and appropriating a
Federal grant to combat drug trafficking (1st Reading 4122114)
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Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant modification award in the
amount of$165,700 from the Executive Office of the President, Office
of National Drug Control Policy, to support the Police Department's
role in the Texas Coastal Corridor Initiative in the Houston High
Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a
full-time program coordinator, one administrative assistant, overtime
for 4 Corpus Christi Police Officers, and 4 lease vehicles; and
appropriating the $165,700 in the No. 1061 Police Grants Fund.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030166
15. Second Reading Ordinance -Accepting and appropriating
increase in State grant for homeland security (1st Reading
4/22/14)
Ordinance authorizing the Mayor or designee to execute all
documents necessary to accept a grant adjustment from the Texas
Department of Public Safety/Texas Homeland Security State
Administrative Agency (TXHLS-SAA) to increase the amount from
$60,678.80 to $75,678.80 for FY 2012 Homeland Security Grant
Program (HSGP), State Homeland Security Program (SHSP); and
appropriating $15,000.00 from the Texas Department of Public
Safety/Texas Homeland Security State Administrative Agency
(TXHLS-SAA), FY 2012 Homeland Security Grant Program (HSGP),
State Homeland Security Program (SHSP), into the No. 1062 Fire
Grants Fund to carry out homeland security projects that will
significantly improve local and regional terrorism prevention,
preparedness, response, and recovery capabilities.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030167
16. Second Reading Ordinance - Accepting and appropriating a State
grant increase for Women, Infants and Children (WIC) grant (1st
Reading 4/22/14)
Ordinance authorizing the City Manager, or his designee, to execute
all documents necessary to accept and appropriate a six month grant
extension amendment in the amount of $470,578 from the Texas
Department of State Health Services in the Health Grant Fund No.
1066, to provide funds for the Women, Infants, and Children (WIC)
program for the extended contract period of April 1, 2014 thru
September 30, 2014; and to ratify acceptance of the grant extension
amendment to begin as of April 1, 2014.
This Ordinance was passed on second reading on the Consent Agenda.
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Enactment No: 030168
17. Second Reading Ordinance - Participation agreement for the
extension of Rancho Vista Boulevard (1st Reading 4122114)
Ordinance authorizing the City Manager or designee to execute a
developer participation agreement with Yorktown Oso Joint Venture,
("Developer"), to reimburse the Developer up to $67,952.92 for the
City's share of the cost to extend Rancho Vista Boulevard, in
accordance with the Unified Development Code.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030169
18. Second Reading Ordinance -Closing a portion of a pipeline
easement located north of Saratoga Boulevard and east of Ayers
Street (1st Reading 4122114)
Ordinance abandoning and vacating a portion of an existing blanket
pipeline easement within a 4.07 acre tract, out of a part of Lot 5,
Section 8, Bohemian Colony Lands, located north of the Saratoga
Boulevard (State Highway 357) state right-of-way, and located east of
the Ayers Street public right-of-way; and requiring the owner, Spear
Consolidated, Ltd., to comply with the specified conditions.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030170
19. Second Reading Ordinance -Approving the resale of twenty-five
(25)foreclosed properties (1st Reading 4122114)
Ordinance authorizing the resale of twenty-five (25) properties for
$123,650.00 which were foreclosed upon for failure to pay ad valorem
taxes, of which the City shall receive $15,013.28 plus $19,505.27 for
partial payment of City paving and demolition liens.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030171
20. Second Reading Ordinance -Appropriating funds for repair and
maintenance at the American Bank Center&Arena (1st Reading
4122114)
Ordinance approving a grant of$193,375.66 to SMG-American Bank
Center for repair and maintenance needs at the Arena; appropriating
$193,375.66 from the unreserved fund balance in the No. 1130 Arena
Facility Fund for these needs; amending the FY 2013-2014 Operating
Budget adopted by Ordinance No. 029915 to increase expenditures by
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$193,375.66.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030172
6. Service Agreement for Diabetes Care Team
Motion approving a service agreement for a Diabetes Care Team for
the Corpus Christi Nueces County Public Health District (CCNCPHD)
with Texas A&M Health Science Center(Coastal Bend Health
Education Center), Corpus Christi, Texas, in accordance with Request
for Proposal No. BI-0020-14 for an estimated three-year expenditure
of$840,000, of which $100,800 is required for FY 2013-2014. The
term of the service agreement will be for three years. Funds are
budgeted in the Nueces County Health District Fund.
Mayor Martinez referred to Item 6. Interim Procurement Manager Gabriel
Maldonado provided information on the Request for Proposal (RFP) process
for the diabetes care team program;the qualification requirements set out in
the RFP;and the reasons the Food Bank of Corpus Christi did not meet the
minimum requirements. Council members asked questions regarding the
following topics: the minimum requirement for Certified Diabetes Educators
and community health workers at the time of the RFP;the funding for the
diabetes program from the 1115 Waiver;concerns that the funding for the
diabetes program would be more beneficial by leveraging the funding across
the board to diabetes program providers; how the additional funds for the
diabetes program will be used;the procurement process and evaluation
matrix;whether the funding will be used for administrative costs;whether the
Coastal Bend Health Education Center(CBHEC)could allocate funds to other
organizations; RFP being drafted based on the requirements from the National
Diabetes Association;whether language can be included in the service
agreement to specify the exclusion of administration fees and using the funds
locally;whether approval of this item could be delayed;the RFP not allowing
for subcontracting;the procurement process;the number of patients and
funding that will be allocated in years 1 through 3 of the program; the purpose
of the 1115 Waiver;the timeframe to re-bid the RFP;and the cost per patient.
Starr Flores with CBHEC responded to questions regarding the program
requirements;the number of patients the program will target; and the services
that will be provided.
Mayor Martinez called for comments from the public.Abel Alonzo spoke in
support of approving the service agreement with CBHEC and not delaying the
process. Dr. Melissa Wilson spoke regarding the development of the 1115
Waiver;the purpose of the transformation grant and the local requirements
established for the RFP. Dr.Wilson stated that she did not think it was wise
that the majority of the funding for diabetes care be provided to only one
program.
Council Member Riojas made a motion to table this item until May 13th,
seconded by Council Member Magill.A discussion ensued regarding the
criteria in the RFP and the evaluation matrix.Assistant City Manager Susan
Thorpe stated that staff recommends awarding the RFP in the amount of
$840,000 to this organization to move forward and in addition,go out for a
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shorter RFP that is more open and flexible allowing health workers and
diabetes experts to work in partnership with different agencies. Council
Member Riojas withdrew her motion to table and Council Member Magill
withdrew his second to the motion.
Council Member Riojas made a motion approving this first phase of the
diabetes initiative with Coastal Bend Health Education Center and directing
staff to utilize the balance of the$1.5 million using a collaborate process,to
leverage all of the monies to fund different, distinct, and diverse ways to
address the diabetes issue in our community, including the use of other
processes, including Request for Proposals or Requests for Qualifications,
seconded by Council Member Loeb.The motion was passed and approved
with the following vote: Martinez,Allen, Garza, Loeb, Magill, McIntyre, Riojas,
and Scott,voting "Aye'; Leal was absent.,seconded by Council Member Loeb.
The motion was passed and approved with the following vote: Martinez,Allen,
Garza, Loeb, Magill, McIntyre, Riojas,and Scott,voting "Aye'; Leal was absent.
The motion was passed 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
Absent: 1 - Council Member Leal
Abstained: 0
Enactment No: M2014-052
M. PUBLIC HEARINGS: (NONE)
N. REGULAR AGENDA: (ITEM 21)
21. Second Reading Ordinance -Accepting and appropriating
Federal funds for Desalination program and amending
engineering contract for Desalination program (1st Reading
4122114)
Ordinance amending the FY 2014 Capital Improvement Budget
adopted by Ordinance No. 029916 to transfer and appropriate
$1,080,735 from the Unreserved Fund Balance in No. 4041 Raw
Water Supply Development Fund to and appropriating in the No. 4080
Water CIP Fund for the City of Corpus Christi Desalination Program;
accepting and appropriating a grant in the amount of$400,000 from
the United States Department of Interior Bureau of Reclamation in
Fund 1052 Water Grant Fund for Project No. E13063 City of Corpus
Christi Desalination Program; amending the FY 2014 Capital
Improvement Budget adopted by Ordinance No. 029916 to add
Project No. E13063 City of Corpus Christi Desalination Program;
increasing expenditures and revenues in the amount of$1,480,735;
authorizing the City Manager, or designee to execute all documents
necessary to accept the grant for the City of Corpus Christi
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Desalination Program Pilot Study; authorizing the City Manager, or
designee, to apply for additional federal and state grants with
anticipated use of the City of Corpus Christi Desalination Program
Pilot Study funds for any grant matches; and authorizing the City
Manager or designee to execute Amendment No. 1 to the engineering
contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the
amount of$966,699, for a total restated fee not to exceed $1,016,047
for Project No. E13063 City of Corpus Christi Desalination Program.
Mayor Martinez referred to Item 21. Executive Director of Public Works Dan
Biles stated that the purpose of this item is to amend the Capital Improvement
Budget and award the design contract to Freese and Nichols Inc. for the City of
Corpus Christi Desalination Program. Mr. Biles presented information to
amend the contract to allow for more flexibility of technology. Council Member
McIntyre made a motion to amend the contract, seconded by Council Member
Magill. There were no comments from the Council or the public.This
Ordinance was passed on second reading as amended 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
Absent: 1 - Council Member Leal
Abstained: 0
Enactment No: 030173
O. FIRST READING ORDINANCES: (ITEMS 22 -23)
22. First Reading Ordinance - Participation agreement with developer
and reimbursement for the City's cost of South Oso Parkway
Ordinance authorizing the City Manager or designee to execute a
developer participation agreement with MPM Development, LP.,
("Developer"), to reimburse the Developer up to $215,861.52 for the
City's share of the cost to extend South Oso Parkway, in accordance
with the Unified Development Code.
Mayor Martinez referred to Item 22. Interim Assistant Director of Development
Services Julio Dimas stated that the purpose of this item is to authorize a
developer participation agreement with MPM Development LP to reimburse the
developer for the City's share of the cost to extend South Oso Parkway. There
were no comments from the Council or the public.This Ordinance was passed
on first reading 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
Absent: 1 - Council Member Leal
Abstained: 0
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23. First Reading Ordinance -Approving an agreement and
appropriating funds to reimburse developer for the construction
of water arterial transmission and grid main line located south of
Leopard Street and east of McKinzie Road
Ordinance authorizing city manager or designee to execute a water
arterial transmission and grid main construction and reimbursement
agreement ("Agreement") with First Landmark Development Inc.,
("Developer"), for the construction of a water arterial transmission and
grid main line and appropriating $104,218.24 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 23. Interim Assistant Director of Development
Services Julio Dimas stated that the purpose of this item is to execute a water
arterial transmission and grid main construction and reimbursement
agreement for Overland Meadows Unit 6 subdivision to construct a water
arterial transmission and grid main line.There were no comments from the
Council or the public. This Ordinance was passed on first reading 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
Absent: 1 - Council Member Leal
Abstained: 0
P. RECESS TO THE CORPORATION MEETING: (ITEM 24)
24. Special Board Meeting of the Corpus Christi Housing Finance
Corporation.
Mayor Martinez recessed the regular Council meeting to hold a meeting a of
the Corpus Christi Housing Finance Corporation.
Q. RECONVENE THE CITY COUNCIL MEETING:
Mayor Martinez reconvened the regular Council meeting.
R. FUTURE AGENDA: (ITEMS 25 -26)
Mayor Martinez referred to the Future Agenda.Assistant City Manager Susan
Thorpe stated that staff did not have any planned presentations.
25. Supply agreement for cement stabilized sand and cushion sand
for backfill of utility trenches after repairs are complete
Motion approving a supply agreement with G.P Transport Inc., Corpus
Christi, Texas for cement stabilized sand and cushion sand in
accordance with Bid Invitation No. BI-0124-14, based on only bid for
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an estimated twelve month expenditure of $167,250.00 of which
$69,687.50 is required for the remainder of FY 2013-2014. The term
of the supply agreement will be for twelve months with an option to
extend for up to two additional twelve-month periods subject to the
approval of the supplier and the City Manager or designee. Funds are
available in the Utilities Operations Budget in FY 2013-2014.
This Motion was recommended to consent agenda.
26. Landscape maintenance agreement for landscape improvements
on State Highway 286 at J. C. Elliott Landfill Transfer Station
Resolution authorizing the City Manager, or designee, to execute a
Landscape Maintenance Agreement with the Texas Department of
Transportation (TXDOT) for landscape improvements within the
project's scope of SH 286 (Crosstown Expressway) at J. C. Elliott
Landfill Transfer Station.
This Resolution was recommended to consent agenda.
S. BRIEFINGS TO CITY COUNCIL: (NONE)
T. ADJOURNMENT
The meeting was adjourned at 3:11 p.m.
Corpus Christi Page 14 Printed on 51712014
se
01 A A AGENDA MEMORANDUM
Future Item for the City Council Meeting of April 29, 2014
Action Item for the City Council Meeting of May 13, 2014
0ONVOR 11
1852
DATE: April 29, 2014
TO: Ronald L. Olson, City Manager
FROM: Gabriel Maldonado, Interim Procurement Manager
gabrielmp_cctexas.com
361-826-3165
Mark Van Vleck, P.E., Executive Director of Utilities
markvvp_cctexas.com
361-826-1874
Supply Agreement for Cement Stabilized Sand and Cushion Sand
CAPTION:
Motion approving a supply agreement with G.P Transport Inc., Corpus Christi, Texas for cement
stabilized sand and cushion sand in accordance with Bid Invitation No. BI-0124-14, based on only bid
for an estimated twelve month expenditure of $167,250.00 of which $69,687.50 is required for the
remainder of FY 2013-2014. The term of the supply agreement will be for twelve months with an
option to extend for up to two additional twelve-month periods subject to the approval of the supplier
and the City Manager or designee. Funds are available in the Utilities Operations Budget in FY2013-
2014.
PURPOSE:
The Utilities Department will use these materials to backfill utility trenches once repairs are completed
in roadways and easements.
BACKGROUND AND FINDINGS:
The materials are required for backfilling per City standards.
ALTERNATIVES:
Not applicable.
OTHER CONSIDERATIONS:
Not applicable.
CONFORMITY TO CITY POLICY:
This purchase conforms to the City's purchasing policies and procedures and Texas State
procurement laws.
EMERGENCY/ NON-EMERGENCY:
Non-Emergency.
DEPARTMENTALCLEARANCES:
Utilities Department
FINANCIAL IMPACT:
X Operating ❑ Revenue ❑ Capital ❑ Not applicable
Project to Date
Expenditures
Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS
Line Item Budget $663,023.36 $97,562.50 $760,585.86
Encumbered /
Expended Amount $247,788.89 $247,788.89
This item $69,687.50 $97,562.50 $167,250.00
BALANCE $345,546.97 $345,546.
Fund(s): Utilities Department
Comments:
The $69,687.50 financial impact shown above represents five months of expenditures that will be
encumbered through the end of this fiscal year. The remaining $97,562.50 represents seven months
of expenditure that will be requested during the normal FY 2014-2015 budget approval process.
RECOMMENDATION:
Staff recommends approval of the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation.
CITY OF CORPUS CHRISTI Bid Tabulation Sheet
PURCHASING DIVISION Bid Invitation No. BI-0124-14
BUYER: GABRIEL MALDONADO Cement Stabilizing Sand
COUNCIL DATE: APRIL 29, 2014 and Cushion Sand
G.T Transport Inc.
Corpus Christi, Texas
Qty Unit Unit Price Extended
Price
1 .0 Cement Stabilizing Sand 5,000 ton $28.75 $143,750.00
1 .0 Cushion Sand 2,000 yards $11 .75 $23,500.00
Award Total: $167,250.00
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Ak
o
0ONVO%11 AGENDA MEMORANDUM
1852 Future Item for the City Council Meeting of April 29, 2014
Action Item for the City Council Meeting of May 13, 2014
DATE: April 21, 2014
TO: Ronald L. Olson, City Manager
THRU: Gustavo Gonzalez, P. E., Assistant City Manager for Public Works & Utilities
gustavogo@cctexas.com
(361) 826-3897
FROM: Daniel Biles, P. E., Executive Director of Public Works
danb @cctexas.com
(361) 826-3729
Lawrence Mikolajczyk, Director of Solid Waste Operations
LawM @cctexas.com;
(361) 826-1972
RESOLUTION AUTHORIZING LANDSCAPE MAINTENANCE AGREEMENT
SH 286 (Crosstown Expressway) at J. C. Elliott Landfill Transfer Station
AGENDA CAPTION:
Resolution authorizing the City Manager, or designee, to execute a Landscape Maintenance
Agreement with the Texas Department of Transportation (TXDOT) for landscape improvements within
the project's scope of SH 286 (Crosstown Expressway) at J. C. Elliott Landfill Transfer Station.
PURPOSE:
The purpose of this Agenda Item is to execute a Landscape Maintenance Agreement with the Texas
Department of Transportation (TXDOT) for landscape improvements within the project's scope of SH
286 (Crosstown Expressway) at J. C. Elliott Landfill Transfer Station.
BACKGROUND AND FINDINGS:
The proposed agreement addresses a landscaping project constructed by the Texas Department of
Transportation (TxDOT). The City Solid Waste Services shall maintain all landscape elements within
the limits of the right of way including all median and island areas but excluding paved areas intended
for vehicular travel. Landscape maintenance shall include but not be limited to plant maintenance,
plant replacement, mowing and trimming, hardscape element maintenance, and irrigation system
operation and maintenance. All landscape elements must be maintained in a functional and
aesthetically pleasing condition.
Solid Waste Services worked with TxDOT to incorporate design elements in the columns and
abutments of the overpass made of recycled glass in the shape of the Texas Star, the Corpus Christi
Recycle Logo, and the "Don't Mess with Texas" Logo. The improvements also include landscaping
and irrigation in the under pass area which will consist of Dwarf Oleanders and Sabal Palms. The
Solid Waste Services will be responsible for maintaining all of the decorative and landscaping
elements.
ALTERNATIVES:
1. Approve the Resolution for the Landscape Maintenance Agreement with TXDOT.
(Recommended)
2. Do not approve the Resolution for the Landscape Maintenance Agreement with TXDOT. (Not
recommended)
OTHER CONSIDERATIONS:
This project is subject to Title 43 of the Texas Administrative Code, Part 1, Chapter 15, Sub-chapter
E, Rule 15.55.
CONFORMITY TO CITY POLICY:
This Resolution conforms to the City's Charter.
EMERGENCY/ NON-EMERGENCY:
Not applicable.
DEPARTMENTALCLEARANCES:
Street Operations
FINANCIAL IMPACT: Not applicable
Fiscal Year Project to Date
2013-2014 Expenditures Current Year Future Years TOTALS
CIP only)
Line Item Budget $0.00 $0.00
Encumbered /
Expended Amount
This item $0.00 $0.00
BALANCE $0.00 $0.00
Fund(s): Not applicable
Comments: Not applicable
RECOMMENDATION:
It is recommended to execute the Landscape Maintenance Agreement with the Texas Department of
Transportation (TXDOT) for the project's scope of TXDOT's SH 286 (Crosstown Expressway) at J. C.
Elliott Landfill Transfer Station.
LIST OF SUPPORTING DOCUMENTS:
Location Map
Presentation
Landscape Maintenance Agreement
Resolution
Resolution authorizing the City Manager, or designee, to execute
a Landscape Maintenance Agreement with the Texas Department
of Transportation (TXDOT) for landscape improvements within the
project's scope of SH 286 (Crosstown Expressway) at J. C. Elliott
Landfill Transfer Station.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager or designee is authorized to execute a Landscape
Maintenance Agreement with the Texas Department of Transportation (TXDOT) for
landscape improvements within the project's scope of SH 286 (Crosstown Expressway)
at J. C. Elliott Landfill Transfer Station.
ATTEST THE CITY OF CORPUS CHRISTI
Rebecca Huerta Nelda Martinez
City Secretary Mayor
Corpus Christi, Texas
of
The above resolution was passed by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
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LANDFILL
Location of
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Proposed
Landscape
Improvements
I
LOCATION MAP
PROJECT #E13066 NOT TO SCALE N
STATE HIGHWAY 286 at CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
J.C. ELLIOTT LANDFILLTRANSFER STATION DEPARMENT OF CAPITAL PROGRAMS
LANDSCAPE MAINTENANCE AGREEMENT PAGE 1 OF 1
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LANDSCAPE MAINTENANCE AGREEMENT
z
Form 2043
(Rev.04112)
Page 1 of 3
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
This AGREEMENT made this day of , 2014 , by and
between the Texas Department of Transportation, hereinafter referred to as the
"State," and the City of Corpus Christi , Nueces County, Texas,
acting by and through its duly authorized officers, hereinafter called the "City".
WITNESSETH
WHEREAS, Chapter 311 of the Transportation Code gives the City
exclusive dominion, control, and jurisdiction over and under the public streets
within its corporate limits and authorizes the City to enter into agreements with the
State to fix responsibilities for maintenance, control, supervision, and regulation of
State highways within and through its corporate limits; and
WHEREAS, Section 221.002 of the Transportation Code authorizes the
State, at its discretion, to enter into agreements with cities to fix responsibilities for
maintenance, control, supervision, and regulation of State highways within and
through the corporate limits of such cities; and
WHEREAS, the State and the City have entered into a Municipal
Maintenance Agreement dated , the provisions of
which are incorporated herein by reference, and wherein the City has agreed
to retain all functions and responsibilities for maintenance and operations which
are not specifically described as the responsibility of the department; and
WHEREAS, the State has existing and proposed landscape
improvements, such as, but not limited to, the installation of tree, shrub, and turf
plantings, irrigation systems, and other aesthetic elements for areas within the
right of way of state highway routes within the City as shown on Attachment "A";
and
WHEREAS, the State will provide such landscape improvements, provided
that the City agrees to be responsible for all required maintenance of the
landscape improvements.
Form 2043 (Rev.04112)
Page 2 of 3
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be by them respectively kept
and performed, it is agreed as follows:
Contract Period
This Agreement becomes effective upon the date of final execution by the
State, and shall remain in effect until terminated or modified as hereinafter
provided.
Coverage
This agreement prescribes the responsibilities of the State and the City
relating to the installation and maintenance of landscape elements on non-
controlled access state highways, as defined in the Municipal Maintenance
Agreement, and described and graphically shown as "State Maintained and
Operated" in that agreement.
Amendment
The parties agree that this agreement may be amended. Such amendments,
to be effective, must be in writing and signed by both parties.
State's Responsibilities
The State shall install landscape elements including but not limited to trees,
shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its
employees or duly appointed agents.
City's Responsibilities
The City may install landscape elements including but not limited to trees,
shrubs, grasses, sidewalks, irrigation systems, and hardscape features through its
employees or duly appointed agents. Any installations shall be performed in
accordance with Texas Department of Transportation specifications and
standards, and must be approved by the State in writing prior to any work being
performed.
Forth 2043 (Rev.04112)
Page 3 of 3
The City shall maintain all landscape elements within the limits of the right of
way including all median and island areas but excluding paved areas intended for
vehicular travel. Landscape maintenance shall include but not be limited to plant
maintenance, plant replacement, mowing and trimming, hardscape element
maintenance, and irrigation system operation and maintenance. All landscape
elements must be maintained in a functional and aesthetically pleasing condition.
TERMINATION
It is understood and agreed between the parties hereto that should either
party fail to properly fulfill its obligations as herein outlined, the other party may
terminate this agreement upon thirty days written notice. Additionally, this
agreement may be terminated by mutual agreement and consent of both parties.
Should the City terminate this agreement, as prescribed here above, the City
shall, at the option of the State, reimburse any reasonable costs incurred by the
State.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures,
the City of Corpus Christi on the day of
year 2014 , and the Texas Department of Transportation,
on the day of , year
ATTEST: THE STATE OF TEXAS
Executed for the Executive Director and
approved for the Texas Transportation
CITY OF Corpus Christi Commission for the purpose and effect
of activating and/or carrying out the
By orders, and the established policies or
(Title of Signing Official) work programs heretofore approved and
authorized by the Texas Transportation
Commission.
By
District Engineer
Corpus Christi
District
Attachments
WILES
COUNTY: NUECES PROJ.NO.: NH 2013(795)
HWY. NO.: SH 286 LETTING DATE: JUNE 2013
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AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting of April 29, 2014
xg Second Reading for the City Council Meeting of May 13, 2014
DATE: April 4, 2014
TO: Ronald L. Olson, City Manager
FROM: Barney Williams, Interim Director, Development Services
BarneyW@cctexas.com
(361) 826-3595
Approval of a Developer Participation Agreement with Developer and
Reimbursement of $215,861.52 for the City's cost of South Oso Parkway
CAPTION:
Ordinance authorizing the City Manager or designee to execute a developer
participation agreement with MPM Development, LP., ("Developer"), to reimburse the
Developer up to $215,861.52 for the City's share of the cost to extend South Oso
Parkway, in accordance with the Unified Development Code.
PURPOSE:
MPM Development, L.P., is eligible for reimbursement for the required extra pavement
dimension of South Oso Parkway and its realignment.
BACKGROUND AND FINDINGS:
The developer, MPM Development, LP., is developing the final phase of a multi-phased
single-family residential subdivision named King Estates Unit 4. The subdivision is
located on the south end of South Staples Street (FM 2444) and east of King Trail. King
Estates Unit 4 will contain 35 single-family residential lots. The Planning Commission
approved the plat for King Estates Unit 4 on January 29, 2014. The participation
agreement is for the required extra pavement dimension of South Oso Parkway and its
realignment. The developer is required to construct up to a residential collector. South
Oso Parkway is required 2 inches in extra thickness in the base, sub-base and asphalt
which is comparable to a non-residential collector and as such is eligible for
reimbursement.
The realignment of South Oso Parkway is the result of existing right-of-way on the north
side of South Staples Street (FM 2444). In 2009, the City replatted the Botanical
Gardens property and moved South Oso Parkway west to abut the residential lots in
Botanical Gardens Park Unit 4. With the development of the subject property, the
developer is required to align South Oso Parkway with the existing right-of-way across
South Staples Street (FM 2444). The required alignment made for an unusually shaped
lot. Therefore, staff is recommending half-street participation for the frontage of Lot 1.
ALTERNATIVES:
Disapproval of the Participation Agreement.
OTHER CONSIDERATIONS:
Not applicable
CONFORMITY TO CITY POLICY:
The developer will be extending and expanding South Oso Parkway for new subdivision
as provided in the Unified Development Code.
EMERGENCY/ NON-EMERGENCY:
Non-emergency
DEPARTMENTAL CLEARANCES:
Legal
Finance
FINANCIAL IMPACT:
❑ Operating ❑ Revenue ❑ Capital X Bond 2012
Project to Date
Fiscal Year: 2013- Expenditures
2014 (CIP only) Current Year Future Years TOTALS
Line Item Budget $750,000.00 $1,500,000.00 $750,000.00 $3,000,000.00
Encumbered /
Expended Amount $143,296.73 $239,404.87 0 $382,701.60
This item $215,861.52 $215,861.52
BALANCE $606,703.27 $1,044,733.61 $750,000.00 $2,401,436.88
Fund(s):
Comments:
Balance reflects amount for Coves at Lago Vista Unit 3B and Rancho Vista Unit 9
participation agreements.
RECOMMENDATION:
Staff recommends approval of the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
Participation agreement
Ordinance
ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE
TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH
MPM DEVELOPMENT, LP., ("DEVELOPER"), TO REIMBURSE THE
DEVELOPER UP TO $215,861.52 FOR THE CITY'S SHARE OF THE
COST TO EXTEND SOUTH OSO PARKWAY, IN ACCORDANCE
WITH THE UNIFIED DEVELOPMENT CODE.
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
developer participation agreement ("Agreement") with MPM Development, LP
("Developer"), for the CITY's portion of the cost of South Oso Parkway, including all
related appurtenances, for development of King Estates Unit 4, Corpus Christi,
Nueces County, Texas.
The foregoing ordinance was read for the first time and passed to its second reading on
this the day of , 20147 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 , 20147 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 , 2014
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Nelda Martinez
City Secretary Mayor
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PARTICIPATION AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of
Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its
City Manager, or his designee, and MPM Development, L.P., ("Owner"), a Texas corporation,
acting by and through its general partner.
WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces
County, Texas, being 23.20 acres, a portion of the south half of Section 31, Laureles Farm
Tracts (the "Property"), and the Owner desires to develop and plat the Property designated
on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this
Agreement by reference, to be known as King Estates Unit 4 ("Plat");
WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and
construct South Oso Parkway from its existing terminus for a distance of approximately 417
feet to connect with the existing roadway on South Staples Street (FM 2444) as depicted on
and in accordance with the improvement requirements (the "Roadway Extension") set forth in
Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference;
WHEREAS, it is in the best interests of the City to have the public street infrastructure
installed by the Owner in conjunction with the Owner's final Plat;
WHEREAS, Chapter 212 of the 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; and
WHEREAS, this Agreement is made pursuant to the Local Government Code and
Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi.
NOW, THEREFORE, in order to provide a coordinated public street construction and
improvement project, the City and the Owner agree as follows:
A. The parties agree that the language contained in the preamble of this Agreement is
substantive in nature, is incorporated into this Agreement by reference, and has been relied
on by both parties in entering into and executing this Agreement.
B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct
the Roadway Extension for and on behalf of the City in accordance with the plans and
specifications approved in advance of construction by the City Engineer on behalf of the City.
The parties acknowledge and confirm the total cost estimate for construction of the Roadway
Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3
(the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion
of the costs of construction of the Roadway Extension. Further, subject to the limitations set
forth below, the City shall pay the remaining portion of the costs of construction of the
Roadway Extension, designated as the total amount reimbursable by the City on the Cost
Estimate.
C. Notwithstanding any other provision of this Agreement, the total amount that the City shall
pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed
$215,861.52.
D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the
Roadway Extension monthly, based on the percentage of construction completed less the
Owner's pro rata portion and contingent upon submission to the City of an invoice for the
work performed. The invoices must be paid by the City no later than thirty (30) days following
receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at
the address shown in section N of this Agreement.
E. In accordance with the Texas Local Government Code, the Owner shall execute a
performance bond for the construction of the Roadway Extension to ensure completion of the
project. The bond must be executed by a corporate surety in accordance with Chapter 2253
of the Texas Government Code.
F. The Owner shall submit all required performance bonds and proof of required insurance
coverage in accordance with applicable State and local laws.
G. Owner shall submit standard construction contract documents to the Executive Director of
Public Works for review and approval in advance of beginning any construction of the
Roadway Extension.
H. Throughout construction, the City shall conduct periodic inspections and either approve
the progress of the Roadway Extension or promptly notify the Owner of any defect,
deficiency, or other non-approved condition in the progress of the Roadway Extension.
1. The Owner shall fully warranty the workmanship and construction of the Roadway
Extension for a period of two years from and after the date of acceptance of the improve-
ments by the Executive Director of Public Works.
J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD
HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES,
AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY,
DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION
OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED
FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON
INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS'
COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR
DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY
INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE
MPM Development LP-King Estates Unit 4 Participation Agmt vFinal Page 2 of 6
CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER
PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE
CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE,
MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC
IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND
CONSTRUCTION OF THE ROADWAY EXTENSION OF KING ESTATES
UNIT 4 DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE
INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY
NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS
OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF
RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED
BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF
INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE
NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE
FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL
EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES
WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION
WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY
SURVIVES TERMINATION OF THIS AGREEMENT.
K. DEFAULT. The following events shall constitute default:
1. Owner fails to submit plans and specifications for the Roadway Extension to the
Executive Director of Public Works in advance of construction.
2. Owner does not reasonably pursue construction of the Roadway Extension under the
approved plans and specifications.
3. Owner fails to complete construction of the Roadway Extension, under the approved
plans and specifications, on or before the expiration of 24 calendar months measured
from the date this document is executed by the City.
4. Either the City or the Owner otherwise fails to comply with its duties or obligations
under this Agreement.
L. NOTICE AND CURE.
1. In the event of a default by either party under this Agreement, the non-defaulting party
shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient
detail, the nature of the default and the requirements to cure such default.
2. After delivery of the default notice, the defaulting party has 15 days from the delivery of
the default notice ("Cure Period") to cure the default.
MPM Development LP-King Estates Unit 4 Participation Agmt vFinal Page 3 of 6
3. 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.
4. Should the Owner fail to perform any obligation or duty of this Agreement, the City
shall give notice to the Owner, at the address stated in section N, of the need to perform
the obligation or duty and, should the Owner fail to perform the required obligation or duty
within 15 days of receipt of the notice, the City may perform the obligation or duty,
charging the cost of such performance to the Owner.
5. In the event of an uncured default by the Owner, after the appropriate notice and Cure
Period, the City has all Its common law remedies and the City may:
a. Terminate this Agreement after the required notice and opportunity to cure the
default;
b. Refuse to record a related plat or issue any certificate of occupancy for any
structure to be served by the project; and/or
c. Perform any obligation or duty of the Owner under this Agreement and charge the
cost of such performance to the Owner. The Owner shall pay to the City the
reasonable and necessary cost of the performance within 30 days from the date the
Owner receives notice of the cost of performance. In the event the Owner pays the
City under the preceding sentence and is not otherwise in default under this
Agreement, then the Agreement shall be considered in effect and no longer in default.
6. In the event of an uncured default by the City after the appropriate notice and Cure
Period, the Owner has all its remedies at law or in equity for such default.
M. FORCE MAJEURE.
1. The term "force majeure" as employed in this Agreement means and refers to acts of
God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur-
rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms;
floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not
reasonably within the control of the party claiming the inability.
2. 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 claiming force majeure shall
give written notice of the full particulars of the force majeure to the other party within 10
days after the occurrence or waive the right to claim it as a justifiable reason for delay.
The obligations of the party giving the required notice, to the extent affected by the force
majeure, are suspended during the continuance of the inability claimed but for no longer
period, and the party shall endeavor to remove or overcome such inability with all
reasonable dispatch.
MPM Development LP-King Estates Unit 4 Participation Agmt v inai Page 4 of 6
N. NOTICES.
1. Any notice or other communication required or permitted to be given under this
Agreement must be given to the other party in writing at the following address:
If to the City: If to the Owner:
City of Corpus Christi MPM Development, LP
Attn: Director, Development Services Attn: Mossa Moses Mostaghasi,
2406 Leopard Street 178401 General Partner
P.O. Box 9277178469-9277 426 S. Staples
Corpus Christi, Texas Corpus Christi, Texas 78401
with a copy to:
City of Corpus Christi
Attn: Asst. City Manager, Business Support Services
1201 Leopard Street/78401
P. O. Box 9277/ 78469-9277
Corpus Christi, Texas
2. Notice must be made 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.
3. Either party may change the address for notices by giving notice of the change, in
accordance with the provisions of this section, within five business days of the change.
O. Owner's contracts with the professional engineer for the preparation of the plans and
specifications for the construction of the Roadway Extension, contracts for testing services,
and contracts with the contractor for the construction of the Roadway Extension must provide
that the City is a third party beneficiary of each contract.
P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to
complete the Disclosure of Interests form attached to this Agreement and incorporated by
reference as Exhibit 4.
Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City
and the Owner from and after the date of the last signatory to this Agreement. This
Agreement expires 24 calendar months from the date this document is executed by the
City, unless terminated earlier in accordance with the provisions of this Agreement. Such
expiration date of this Agreement is presently anticipated, but not currently known, to be
May 27, 2016.
(EXECUTION PAGES FOLLOWS)
MPM Development LP-King Estates Unit 4 Participation Agmt vFinal Page 5 of 6
i
EXECUTED in one original this day of 92014.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Ronald L. Olson
City Secretary City Manager
Approved as to legal form:
Julian Grant
Assistant City Attorney
OWNER: MPM Development, LP.
Mossa Mos s Mosta g hasi Date
General Partner
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2014, by
Mossa Moses Mostaghasi, General Partner, MPM Develop ent, LP., a Limited Partnership,
on behalf of said partnership.
TANYA ROJAS
My commission Expires O Publl� S I natur
October t5,2017 ry g
MPM Development LP-King Estates Unit 4 Participation Agmt vinal Page 6 of
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EXHIBIT SHOWING ❑S❑
PARKWAY IMPROVEMENTS BASS AND WELSH ENGINEERING
*:
ISM." CORPUS CHRISTI,TI, T 00027-00,
p OPPOSITE OF LOT 1 , BLOCK 1 TX ENGINEERING REG. 27 00,
1'= 60'
FILE: EXB-1, JOB N0. 13057,
3/21/14 SCALE: 1" = 60'
PLOT SCALE: SAME, PLOT DATE:
3/21/14, SHEET 1 OF 1
Exhibit 2
BASS WELSH ENGINEERING
Engineering Firm Reg. No. F-52
Surveying Firm Reg. No. 100027-00 3/26/14
P.O. Box 6397 13057-PCE.XLS
Corpus Christi,TX 78466-6397
KING ESTATES UNIT 4
COST ESTIMATE
Street&Surface Items
2"HMAC 4779 SY 17.50 $83,632.50
4"HMAC 4077 SY 35.00 142,695.00
6"Curb&Gutter 4618 LF 14.50 66,961.00
6"Limestone Base 5978 SY 17.50 104,615.00
11"Limestone Base 4933 SY 34.00 167,722.00
8"Lime Stabilized Subgracte to 10909 SY 7.80 85,090.20
4"Thick RIC Wallk 22248 SF 4.50 100,116.00
5'RC Valley gutter 72 LF 60.00 4,320.00
Clearing and Grubbing 1 LS 12,000.00 12,000.00
Excavation 1 LS 125,000.00 125,000.00
Street Signs 3 EA 300.00 900.00
$893,051.70
Storm Sewer Items
5 inlet Slot or Post Type 8 EA 2,400.00 $19,200.00
Ty A Manhole 3 EA 2,400.00 7,200.00
Ty B Manhole 1 EA 2,400.00 2,400.00
15"RCP 517 LF 35.00 18,095.00
18"RCP 566 LF 41.00 23,206.00
21"RCP 512 LF 44.00 22,528.00
24"RCP 504 LF 48.00 24,192.00
30"RCP 29 LF 58.00 1,682.00
36"RCP 249 LF 65.00 16,185.00
Headwall Structure at end of pipe 3 EA 4,500.00 13,500.00
Crushed Stone Rip Rap in 2 Places 1 LS 6,500.00 6,500.00
$154,688.00
Water Items
12"Tapping Saddle w/sleeve 1 EA 2,100.00 $2,100.00
8"PVC Pipe 1148 LF 35.00 40,180.00
8"Tee,DI 3 LF 400.00 1,200.00
8"Gate Valve w/Box 1 EA 980.00 980.00
6"PVC Pipe 920 LF 30.00 27,600.00
6"Gate Valve w/Box 4 EA 900.00 3,600.00
6"EL,90*DI 4 EA 250.00 1,000.00
6"Tee,DI 1 LF 350.00 350.00
6'x 30"PVC Nipple 8 EA 225.00 1,800.00
Fire Hydrant Assembly 2 EA 3,600.00 7,200.00
2"x8"Double Strap Connector and 2'corp valve 1 LS 1,200.00 1,200.00
2'HDPE 362 LF 22.00 7,964.00
Double Water Service 16 EA 600.00 9,600.00
Single water service 3 EA 500.00 1,500.00
$106,274.00
Miscellaneous Construction
Blank 2"and 4"Conduit for AEP 150 LF 15.00 $2,250.00
Traffic Control&Barricading Plan(During Construction) 1 LS 500.00 500.00
Trench Safety for Excavations(Sanitary Sewer&Storm Sewer 2423 LF 2.00 4,846.00
Pipes of all Sizes)
Storm Water Pollution Prevention 1 LS 3,000.00 3,000.00
$10,596.00
$1,164,609.70
Exhibit 3 Page 1 of 2
BASS WELSH ENGINEERING
Engineering Firm Reg. No. F-52
Surveying Firm Reg. No. 100027-00
P.O. Box 6397
Corpus Christi,TX 78466-6397
13057-PCE-STREET
3/21/2014
KING ESTATES UNIT 4
OSO PARKWAY REIMBURSEMENT ITEMS
A. CITY REIMBURSEMENT STREET IMPROVEMENTS OPPOSITE LOT 1, BLOCK 1 NORTH OF STA 6+57.57
ITEM I DESCRIPTION QUANTITY I UNIT I UNIT PRICE AMOUNT
1 6"CURB&GUTTER 417 LF 14.50 6,046.50
2 4"CONCRETE WALK 1735 SF 4.50 7,807.50
3 5'CONC.VALLEY&GUTTER 18 LF 60.00 1,080.00
4 4" HMAC 815 SY 35.00 28,525.00
5 11"CRUSHED LIMESTONE BASE TO 2' BC 1000 SY 34.00 34,000.00
6 8" LIME STABILIZED SUBGRADE TO 2' BC 1000 SY 7.80 7,800.00
7 1EXCAVATION 11 LS 1 7,500.001 7,500.00
8 ICLEARING AND GRUBING 11 LS 1 1,600.001 1,600.00
CITY PORTION $ 94,359.00
B. CITY REIMBURSE OVERSIZING ON DEVELOPERS PORTION OF STREET IMPROVEMENTS STA 6+57.57 TO NORTH
ITEM I DESCRIPTION I QUANTITY I UNIT I UNIT PRICE I AMOUNT
1 IDIFFERENCE IN PRICE BETWEEN 2"HMAC&4"HMAC 1 8071 SY 1 17.501 14,122.50
2 DIFFERENCE IN PRICE BETWEEN 8"LIMESTONE BASE AND 11"
ILIMESTONE BASE 988 SY 1 10.50 10,374.00
CITY PORTION $ 24,496.50
C. CITY REIMBURSE OVERSIZING ON STREET IMPROVEMENTS STA 6+57.57 TO SOUTH
ITEM I DESCRIPTION I QUANTITY I UNIT I UNIT PRICE AMOUNT
1 DIFFERENCE IN PRICE BETWEEN 2"HMAC&4"HMAC 1 24361 SY 1 17.501 42,630.00
2 DIFFERENCE IN PRICE BETWEEN 8"LIMESTONE BASE AND 11"
LIMESTONE BASE 1 2976 SY 1 10.50 31,248.00
CITY PORTION $ 73,878.00
SUMMARY
PART A $ 94,359.00
r!!o PART B 24,496.50
•tE QF rf,'• PART C 73,878.00
ei •'"•y ••'.1'
.*
.* SUBTOTAL $ 192,733.50
..............................
fill"M.WELSH. .
.......-...••••••••••-•••••• 12%ENGINEERING,SURVEYING&TESTING $ 23,128.02
SMO l�
S E TOTAL CITY REIMBURSEMENT $ 215,861.52
�►•. BIS;Ea
1VAl
Exhibit 3 Page 2 of 2
City or Corpus Chrhti,Texas
Department of Development Services
P Box 9Z77 City of
Carpus Chrisli,'fe� 76464-9277
(361)826-3240
Corpus L.acated at; 2406 Leopard Street
r� (Corner of Leopard SL and Port Me.)
Christi
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms 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: _MPM Development,_LP
STREET: 130 Rox 3313f)R CITY: Cnmlrs Christi ZIP: 7R463
r
FIRM is: [] Corporation Partnership ❑Sole Owner ❑Association ❑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)
Nang
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
None
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'Tirm".
Name Board, Commission, or Committee
one
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"fine".
Name Consultant
None
CERTIFICATE
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: Mnssa (Moses) Mostauhasi Title: GelneralPartner_
(Print)
Signature of Certifying Person: Date: 04/08/2014
ADMM31itA110PPv41°S°I.LGF171r31a LOkWF+oEIA+IS As PER IEa,ua201no1scwstntE of rnrrEnESts
STATENUNrl.2712DW Fxhiihit 4 pond I of 9
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 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.
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". 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
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.
K,k DEVELOPt%IE SVC5,SIIAREEri.LAND IDEVELOPMEW-ORMNANCE ADMINISTRATIONV PrUC°ATI®N PORNE5°.OMUS AS PER LEGAU N11DISCLOSURE OF INTERESTS
STATEs1E.NT1,27,12.HDOC
Exhibit 4 Page 2 of 2
ITITITIT ITITITIT AGENDA MEMORANDUM
First Reading Ordinance Item for the City Council Meeting of April 29, 2014
Second Reading Ordinance for the City Council Meeting of May 13, 2014
xg
DATE: 4/2/14
TO: Ronald L. Olson, City Manager
FROM: Barney Williams, Interim Director, Development Services
BarneyW @cctexas.com
(361) 826-3595
Approval of agreement and appropriating ordinance to reimburse First Landmark
Development, Inc., for the construction of water arterial transmission and grid main line
CAPTION:
Ordinance authorizing city manager or designee to execute a water arterial transmission and
grid main construction and reimbursement agreement ("Agreement") with First Landmark
Development Inc., ("Developer'), for the construction of a water arterial transmission and grid
main line and appropriating $104,218.24 from the No. 4030 Arterial Transmission and Grid Main
Trust Fund to reimburse the Developer in accordance with the Agreement.
PURPOSE:
First Landmark Development Inc., is required to install 898 linear feet of 12-inch water arterial
grid main extension in order to provide adequate water to a proposed residential subdivision.
The subdivision is located south of Leopard Street and east of McKinzie Road.
BACKGROUND AND FINDINGS:
Per Section 8.5.1.C(1) Credits and Reimbursements of the Unified Development Code ("UDC"),
First Landmark Development, Inc., is requesting a Reimbursement Agreement for the
development of Overland Meadows Unit 6, as shown on the final plat. The subdivision is located
south of Leopard Street and east of McKinzie Road. The development requires the extension of
898 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. The 12-inch
waterline is in the water Master Plan and as such is eligible for full reimbursement from the
Water Arterial Transmission and Grid Main Trust Fund.
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: 2013- Expenditures
2014 (CIP only) Current Year Future Years TOTALS
Line Item Budget $1,836,294.24
Encumbered /
Expended Amount $479,040.62
This item $104,218.24
BALANCE $ 1,253,035.38
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
ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO
EXECUTE A WATER ARTERIAL TRANSMISSION AND GRID MAIN
CONSTRUCTION AND REIMBURSEMENT AGREEMENT
("AGREEMENT") WITH FIRST LANDMARK DEVELOPMENT, INC.,
("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL
TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING
$104,218.24 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 First Landmark Development, Inc., ("Developer"), for the
extension of a 12-inch water arterial transmission and grid main line, including all
related appurtenances, for the development of Overland Meadows Unit 6, Corpus
Christi, Nueces County, Texas.
SECTION 2. Funding in the amount of $104,218.24 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 , 20147 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 , 20147 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 , 2014
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Nelda Martinez
City Secretary Mayor
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WATER ARTERIAL TRANSMISSION AND GRID MAIN
CONSTRUCTION AND REIMBURSEMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
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 First
Landmark Development, Inc., ("Developer "), P.O. Box 331308, Corpus Christi, Texas
78463.
WHEREAS, the Developer, in compliance with the Unified Development Code
("UDC'), proposes to final plat the Property as shown on the attached final plat known
as Overland Meadows Unit 6 ("Development"), as shown in Exhibit 1 (attached and
incorporated);
WHEREAS, under the UDC and as a condition of such plat of Overland
Meadows Unit 6, Developer is required to construct a public waterline in order to record
such plat;
WHEREAS, Developer has submitted an application for reimbursement of the
costs of extending a 12-inch waterline from the west property line of Lot 1, Block 5,
Overland Meadows Unit 6 for a distance of 898 linear feet in order to extend water grid
main along McKinzie Road 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 5, Overland Meadows Unit 6 west for a
distance of 898 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 Overland Meadows Unit 6,
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 898 linear feet of 12-inch PVC pipe.
(2) Install ductile iron pipe for ditch crossing with joint restraints.
(3) Install one (1) 12" gate valve and box.
(4) Install four (4) 12" 45 degree elbows.
(5) Install one (1) 12" Tee, Di.
b. The plans and specifications must comply with City Water Distribution
Standards and Standard Specifications.
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 for the 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 to the 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 to the 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 Tran and Grid Main Reimb Agmt overland Meadows Unit 6-First Landmark v inal
Page 2 of
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 May 27, 2015.
6. TIME IS OF THE ESSENCE
Time is of the essence in the performance of this contract.
7. PROMPT AND GOOD FAITH ACTIONS
The parties shall act promptly and in good faith in performing their duties or
obligations under this Agreement. If this Agreement calls for review or
inspections by the City, then the City's reviews or inspections must be completed
thoroughly and promptly.
8. DEFAULT
The following events shall constitute default:
a. Developer fails to engage a professional engineer for the preparation of
plans and specifications by the 10th calendar day after the date of
approval by City Council.
b. Developer's professional engineer fails 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 for the construction of the project,
according to the approved plans and specifications, by the 70th calendar
day after the date of approval by City 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 May 27, 2015.
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 of the default, in writing, to the
defaulting party stating, in detail the nature of the default and the
requirements to cure such default.
b. After delivery of the default notice, the defaulting party has 15 business
days from the delivery of the default notice ("Cure Period") to cure the
default.
Arterial Tran and Grid Main Reimh Agmt Overland Meadows Unit 6-First Landmark vFinal
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 to perform the obligation or duty, and should Developer fail to
perform the required obligation or duty within 15 days of receipt of the
notice, the City may perform the obligation or duty, charging the cost of
such performance to Developer 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 date 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 majeure" as employed in this Agreement means and
refers to acts of God; strikes, lockouts, or other industrial disturbances;
acts of public enemies; insurrections; riots; epidemic; landslides; lightning;
earthquakes; fires; hurricanes; storms; floods; washouts; droughts;
arrests; civil disturbances; explosions; or other causes not reasonably
within the control of the party claiming the inability.
b. If, by reason of force majeure, either party is rendered wholly or partially
unable to carry out its obligations under this Agreement, then the party
shall give written notice of the full particulars of the force majeure to the
other party within ten (10) business days after the occurrence or waive the
right to claim it as a justifiable reason for delay. The obligations of the
party giving the required notice, to the extent affected by the force
majeure, are suspended during the continuance of the inability claimed,
Arterial Iran and Grid Main Reimb Agmt Overland Meadows Unit 6-First Landmark 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:
Moses Mostaghasi, Director City of Corpus Christi
First Landmark Development, Inc 1201 Leopard Street (78401)
5350 S. Staples St. Ste. 407 P.O. Box 9277
Corpus Christi, Texas 78411 Corpus Christi, Texas 78469
ATTN: Assistant City Manager
Development Services
b. Notice required by the paragraph may be by United States Postal Service,
First Class Mail, Certified, Return Receipt Requested, postage prepaid; by
a commercial delivery service that provides proof of delivery, delivery
prepaid; or by personal delivery.
C. Either party may change of address for notices by giving notice of the
change under the provisions of this section.
12. THIRD-PARTY BENEFICIARY
Developer's contracts with the professional engineer for the preparation of the
plans and specifications for the construction of the project, contracts for testing
services, and with the contractor for the construction of the project must provide
that the City is a third party beneficiary of each contract.
13. PERFORMANCE AND PAYMENT BONDS
Developer shall require its contractor for the construction of the project, before
beginning the work, to execute with Developer and the City a performance bond
if the contract is in excess of $100,000 and a payment bond if the contract is in
excess of $25,000. The performance and payment bond must comply with
Texas Government Code, Chapter 2253 and must be in the form and substance
as attached to this Agreement.
14. WARRANTY
Developer shall fully warranty the workmanship of and function of the 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 Tr an and Grid Main Reimb Agmt Overland Meadows Unit 6-First Landmark v inal
Page 5 of
15. REIMBURSEMENT
a. 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 $104,218.24. 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. INDEMNIFICATION
DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD
HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES,
AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY,
DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF
ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED
FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON
INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS
COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE
OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY,
DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED
BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR
REMOTELY, WHOLLY OR IN PART, THE DEVELOPER'S FAILURE TO
COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO
PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING
INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY
MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE
IN ANY MANNER CONNECTED WITH THE CONSTRUCTION,
INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR,
RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS
ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING
THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR
CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM,
REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION,
EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO
BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF
Arterial Tran and Grid Main Reimb Agmt Overland Meadows Unit 6-First Landmark vFlnal
Page 6 of 9
INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE
NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE
FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL
EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES,
WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION
WITH THE ASSERTED OR RECOVERED INCIDENT.
THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND
LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN,
UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT
LIMITED TO THE FOLLOWING:
(A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING
BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE
PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING,
CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL
ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE
PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH
THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS
SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE
FEES CHARGED BY (1) ATTORNEYS, (II) ENVIRONMENTAL
CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT
WITNESSES.
(B) ANY COSTS INCURRED ATTRIBUTABLE TO (1) THE BREACH OF ANY
WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN
THIS AGREEMENT, OR (11) ANY CLEANUP, DETOXIFICATION,
REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH
RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE
PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS
MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT.
THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THE AGREEMENT.
17. 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 THE LAND
This Agreement is a covenant running with the land, Overland Meadows Unit 6, 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 Tran and Grid Main Relmb Amt Overland Meadows Unit -First Landmark vFil
Page 7 of
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 form
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 one original, 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 ONE original, *this , day of -124-9y,61—, 20114.
SIGNATURES FOUND ON PAGES 8 and 9.
Developer
Moses Mostaghasi, Director
First Landmark Development, Inc.
5350 S. Staples St. Ste 407
Corpus Christi, TW . 84-1„ ,�,,,w
Y: m
Moses Mostaghasi
Director
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was signed by Moses Mostaghasi, Director f irst Land k ,
Development, Inc., and acknowledged before me on the day of
2014.
TANYA ROJAS
CommlSSlon Expires
( 07*. .0 October 15,2017
ry Pu ic, State Texas
Arterial Tran and Grid Main Reimb Agmt Overland Meadows Unit 5-First landmark vFinal
Page a of 9
CITY OF CORPUS CHRISTI:
ATTEST:
By: By:
Rebecca Huerta Ronald L. Olson
City Secretary City Manager
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi,
Texas, and acknowledged before me on the-day of.......................................................................................... 2014.
Notary Public, State Of Texas
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi,
Texas, and acknowledged before me on the ..................................................day of.........................................................................................
Notary Public, State Of Texas
APPROVED AS TO FORM: This day of 2014.
Julian Grant, Senior Assistant City Attorney
For the City Attorney
Arterial Tran and Grid Main Reim Amt overland Meadows Unit 6-First Landmark Winal
Page 9 of 9
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APPLICATION FOR WATER LINE REMBURSEMENT
We, First Landmark, Inc. P.O. Box 331308, Corpus Christi, Texas 78463, owner and
developer of proposed Overland Meadows Unit 6,hereby request reimbursement of$104,218.24 for
the installation of the water Grid main in conjunction with Overland Meadows Unit 6,as provided
for by City Ordinance No. 17092.$104,218.24 is the construction cost,including 12%Engineering,
Surveying,and Testing, in excess of the water lot fee, as shown by the cost supporting documents
attached herewith.
Moses Mo fesident (Date)
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on k,0A 20J 1.4,by
Moses Mostaghasi, President of First Landmark, Inc., on behalf of the said corporation.
Notary Pubhc
'
STATE OF Tm
My co ,m. xfi 11-04-2015 Notary Public in and for Nueces County, Texas
CERTIFICATION
The information submitted with this application for reimbursement has been reviewed and
determined to be correct. Reimbursement is subject to:
(a) Sufficiency of funds in the Grid Main Trust Fund, and
(b)Appropriation and approval by the City Council.
JDWevelo—pm-�e4nt Services Engineer (Da e)
Exhibit 2 Page 1 of 2
APPLICATION FOR WATER LINE CREDIT
We,First Landmark,Inc.,P.O.Box 331308,Corpus Chri sti,Texas 78463,owners and developers of
proposed Overland Meadows Unit 6 subdivision, hereby apply for $10,192.00 credit towards the
water lot fee for the installation of the water Grid main as provided for by City Ordinance No. 17092.
$114,410.24 is the construction cost,including 12%Engineering,Surveying,and Testing,as shown
by the cost supporting documents attached herewith.
. . w.
By:
Moses Mostaghasi, President
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on (�.� ?J�Sr , 2014, by
Moses Mostaghasi, President of First Landmark, Inc.
I IJ O
gY p pq PUy.
STATE OF TEAS �� j/
20 Lamm Exc, �i 04-2015 ✓v+�+�
Notary Pu is in and for the State of Texas
Exhibit 2 Page 2 of 2
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BASS WELSH ENGINEERING 3/31/14
Engineering Firm Reg.No.F-52 PCE.XLS
Surveying Firm Reg.No.100027-00
P.O.Box 6397
Corpus Christi,TX 78466-6397
Cost Estimate
Overland Meadows Unit 6
Street&Surface Items
2"HMAC 6288 SY 16.00 100,608.00
6"Curb&Gutter 4718 LF 13.00 61,334.00
6"Limestone Base 8385 SY 15.00 125,775.00
8"Lime Stabilized Subgrade to 2'BC 8385 SY 6.75 56,598.75
4"Thick R/C Walk 18772 SF 3.20 60,070.40
N RC Valley gutter 122 LF 65.00 7,930.00
Clearing and Grubbing 1 LS 1,500.00 1,500.00
Excavation 1 LS 37,000.00 37,000.00
9'x40'x6"Concrete Pad I LS 9,000.00 9,000.00
Street Signs 6 EA 250.00 1,500.00
461,316.15
Storm Sewer Items
15"RCP 189 LF 40.00 7,560.00
18"RCP 440 LF 48.00 21,120.00
5'Inlet Slot or Post Type 8 EA 2,900.00 23,200.00
Convert J Box to Inlet 1 EA 4,500.00 4,500.00
56,380.00
Sanitary Sewer Items
8"PVC Pipe 1560 LF 46.00 71,760.00
FG Manhole 4' Diameter 6 EA 3,500.00 21,000.00
4"or 6"PVC Service 56 EA 750.00 42,000.00
Drop Connection 3 LF 1,200.00 3,600.00
Deep Cut Connections 9 EA 2,100.00 18,900.00
Adjust top of SSMH 2 EA 1,650.00 3,300.00
Asphalt Patch 1 LS 1,900.00 1,900.00
162,460.00
Water Items Reimbursable by City(Installed next to
Esquistar Pipeline)
12"PVC Pipe 898 LF 74.00 66,452.00
12"Ductile Iron Pipe for ditch 200 LF 145.00 29,000.00
crossing with joint restraints
12"Gate Valve w/Box I EA 2,850.00 2,850.00
12"Elbow 4 EA 750.00 3,000.00
12"Tee,DI I LF 850.00 850.00
102,152.00
Water Items Not Reimbursable by City
6"PVC Pipe 2263 LF 35.00 79,205.00
6"Gate Valve w/Box 9 EA 1,100.00 9,900.00
6"EL,90*DI 9 EA 300.00 2,700.00
6"Tee,Di 7 LF 480.00 3,360.00
6"x 30"PVC Nipple 9 EA 200.00 1,800.00
Fire Hydrant Assembly 3 EA 3,800.00 11,400.00
Double Water Service 27 EA 650.00 17,550.00
Single water service 2 EA 550.00 1,100.00
127,015.00
Miscellaneous Construction
Blank 2'and 4'Conduit for AEP 150 LF 10.00 1,500.00
Traffic Control&Barricading Plan
1 LS 5,000.00 5,000.00
(During Construction)
Trench Safety for Excavations
2889 LF 5.00 14,445.00
(Sanitary Sewer&Storm
Sewer Pipes of all Sizes) 0.00
Storm Water Pollution Prevention 1 LS 2,500.00 2,500.00
23,445.00
TOTAL $ 932,768.15
Exhibit 4 Page 1 of 2
OVERLAND MEADOWS UNIT 6 13051-PCE-WTR
GRID MAIN WATER ITEMS 3/24/2014
REIMBURSEMENT ESTIMATE
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
12"WATER GRID MAIN EXTENSION(CITY PORTION)
1 12"PVC PIPE 898 LF 74.00 66,452.00
2 12"DUCTILE IRON PIPE FOR DITCH CROSSING W/JOINT 200 EA 145.00 29,000.00
3 12"TEE 1 EA 850.00 850.00
4 12"GATE VALVE W/BOX 1 EA 2,850.00 2,850.00
5 12"45° ELBOW 4 EA 750.00 3,000.00
SUBTOTAL $ 102,152.00
12% ENGINEERING,SURVEYING,AND TESTING $12,258.24
TOTAL $114,410.24
LESS WATER LOT FEE -$10,192.00
TOTAL AMOUNT REIMBURSEABLE $104,218.24
Exhibit 4 Page 2 of 2
City of Corpus Christi,Tens
Department of Development Services
P.O.Box Texas City of
Carpus Christi,Terms 78469-9277
• (361)826.3240
Corpus Located at: 2406 I.00pmd street
■�Christi (Comer of Leopard SI.and fort Ave.)
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms 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:
STREET: Pty Rnx TIMOR CITY: rnrnu- Christi ZIP: _78463-
FIRM is: [3 Corporation ❑ Partnership ❑Sole Owner ❑Association ❑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)
None
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
Nnne
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"firm".
Name Board, Commission, or Committee
NR,na
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
None
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: Mgoa Title: President
(Print)
Signature of Certifying Person: ..„ - -
J,\DRVELI>MENTSVCSW AAFtw AWD AEVELOMIENPORVINANCF ADIO N157RATIONV"UCA77ON FORM9TORMS AS PER L.EOAL UGIMISCL OSURE OF MEREM
STATEAMM 21,12-DOC Exhibit 5 Page 1 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 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.
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". 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
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.
K:ADEVELOPMENT SVCS\SHAREDALAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS
STATEMENT I27.12.DOC Exhibit 5 Page 2 of 2
AGENDA MEMORANDUM
Public Hearing and First Reading Ordinance for the City Council Meeting of May 13, 2014
Second Reading Ordinance for the City Council Meeting of May 27, 2014
DATE: April 22, 2014
TO: Ronald L. Olson, City Manager
FROM: Barney Williams, P.E., Interim Director, Development Services Department
BarneyW@cctexas.com
(361) 826-3595
Rezoning from Residential to Office
By Klatt Thomas, LLC
Property Address: 4302 Interstate Highway 69
CAPTION:
Case No. 0414-01 Klatt Thomas, LLC: A change of zoning from the "RS-6" Single-Family
6 District to the "ON" Office District, resulting in a change to the Future Land Use Plan
from commercial and medium density residential to office uses. The property is described
as Lot 22, River Forest Acres, located along the northwest side of Interstate Highway 69,
between Teague Lane and Cornett Road.
PURPOSE:
The purpose of this item is to rezone the property to allow office and multifamily uses.
RECOMMENDATION:
Planning Commission and Staff Recommendation (April 9, 2014):
Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "ON"
Office District.
BACKGROUND AND FINDINGS:
As detailed in the attached report, the applicant is requesting a rezoning from the
"RS-6" Single-Family 6 District to the "ON" Office District to allow office and multifamily
uses on the property. The proposed rezoning would allow uses such as townhouses,
apartments, office uses, and commercial parking uses.
Although the Future Land Use Plan calls for commercial and multifamily uses on this
property, an office zone would be appropriate for this area and would be an expansion of
the office zoning immediately to the west. The proposed rezoning is compatible with the
present zoning and conforming uses of nearby properties and to the character of the
surrounding area. The properties to the north and west are developed with multifamily
uses. The proposed rezoning would not negatively impact or be a nuisance to the
surrounding properties, and the property to be rezoned is suitable for office or multifamily
uses. A buffer yard would be required to minimize the impact of potential commercial
development on the adjacent one- and two-family properties.
ALTERNATIVES:
Deny the request.
OTHER CONSIDERATIONS:
Not Applicable
CONFORMITY TO CITY POLICY:
The proposed rezoning is not strictly consistent with the Future Land Use Plan, although
the proposed rezoning is consistent with pertinent elements of the Comprehensive Plan.
The "ON" Office District allows multifamily uses and is more compatible than a commercial
zoning district with the surrounding residential properties.
EMERGENCY/ NON-EMERGENCY:
Non-Emergency
DEPARTMENTAL CLEARANCES:
Legal and Planning Commission
FINANCIAL IMPACT:
❑ Operating ❑ Revenue ❑ Capital o 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: None
LIST OF SUPPORTING DOCUMENTS:
Ordinance with Exhibits
Report with Attachments
Aerial Overview Map
Ordinance amending the Unified Development Code ("UDC"), upon
application by Klatt Thomas, LLC ("Owner"), by changing the UDC
Zoning Map in reference to Lot 22, River Forest Acres, from the
"RS-6" Single-Family 6 District to the "ON" Office 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 Klatt Thomas, LLC ("Owner"), for
an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and
corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on
Wednesday, April 9, 2014, during a meeting of the Planning Commission, and on
Tuesday, May 13, 2014, during a meeting of the City Council, during which all interested
persons were allowed to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best
serve the public health, necessity, convenience and general welfare of the City of
Corpus Christi and its citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Upon application by Klatt Thomas, LLC ("Owner"), the Unified
Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by
changing the zoning on Lot 22, River Forest Acres, located along the northwest side of
Interstate Highway 69, between Teague Lane and Cornett Road (the "Property"), from
the "RS-6" Single-Family 6 District to the "ON" Office District (Zoning Map No. 066051),
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:
Rebecca Huerta Nelda Martinez
City Secretary Mayor
Page 2 of 2
0414-01 Ordinance,Matt Thomas,LLC
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PLANNING COMMISSSION FINAL REPORT
Case No.: 0414-01
HTE No. 14-10000008
Planning Commission Hearing Date: April 9, 2014
Applicant/Owner: Klatt Thomas, LLC
Representative: Richard Dungan
.� .� Legal Description/Location: Lot 22, River Forest Acres, located along the
northwest side of Interstate Highway 69, between Teague Lane and Cornett
Q°a Q Road.
0
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c Q To "ON" Office District
F a Area . 0.51 acres
N Purpose of Request: To allow construction of two 3-unit multifamily structures.
Existing Zoning Existing Land Use Future Land Use
District
Commercial &
Site "RS-6" Single-Family 6 Vacant Medium Density
Residential
0 North "RS-TF" Two-Family Medium Density Medium Density
'E ? Residential Residential
N South CG-2" General Commercial Commercial
Commercial
Low Density
Commercial &
w East "RS-6" Single-Family 6 Medium Density
Residential Residential
Medium Density Commercial &
West "ON" Office Residential Medium Density
Residential
Area Development Plan: The subject property is located within the boundaries
cL c of the Northwest Area Development Plan (ADP) and is planned for commercial
and medium density residential uses. The proposed change of zoning to the
a c "ON" Office District is not consistent with the Future Land Use Plan.
a Map No.: 066051
Zoning Violations: None
0
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Highway 69, which is a Freeway/Expressway.
L
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Street Transportation Plan
� � Type Section Section Volume
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d 400' ROW 275' ROW Not
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Case#0414-01
Klatt Thomas, LLC
Page 2
Staff Summary:
Requested Zoning: The applicant is requesting a change of zoning from the "RS-6"
Single-Family 6 District to the "ON" Office District to allow construction of two 3-unit
multifamily structures. The applicant is requesting the "ON" District because it is more
compatible with the surrounding residential uses than a commercial district and the
zoning district allows apartments, which is the applicant's intent. The required side and
rear yard setbacks of the "ON" District are also less restrictive than the multifamily
zoning districts.
Development Plan: The applicant is proposing two 3-unit multifamily structures on the
property. Each unit will be two-stories and total 1,121 square feet. A total of 16 parking
spaces shall be provided on the site for resident and guest parking. The applicant is
proposing 42% open space on the lot, which exceeds the minimum requirement of 30%.
A Type B buffer, consisting of a 10-foot buffer yard and 10 points, shall be required on
the north and east property lines adjacent to the "RS-6" Single-Family 6 District and the
"RS-TF" Two-Family District. A turnaround will be provided on the site for fire truck
access.
Existing Land Uses & Zoning: North of the subject property are townhomes zoned
"RS-TF" Two-Family District. East of the subject property is a single-family dwelling
zoned "RS-6" Single-Family 6 District. South of the subject property across Interstate
Highway 69 is zoned "CG-2" General Commercial District. West of the subject property
is a multifamily structure zoned "ON" Office District.
AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use
Zones (AICUZ).
Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject
property is located within the boundaries of the Northwest ADP and the proposed
rezoning is partially consistent with the adopted Future Land Use Plan, which slates the
property for commercial and medium density residential uses. The "ON" District allows
multifamily uses and less intense commercial uses than a commercial zoning district.
The rezoning to the "ON" District would allow the Future Land Use Plan to be
implemented. The proposed rezoning is consistent with pertinent elements of the
Comprehensive Plan, such as:
1. Commercial uses adjacent to existing or proposed residential areas should be
buffered or use sensitive design (Residential Policy Statement, C).
2. Medium-density residential development should be located with convenient
arterial access (Residential Policy Statement, F).
3. Infill development should be encouraged on vacant tracts within developed areas
(Residential Policy Statement, H).
Case#0414-01
Klatt Thomas, LLC
Page 3
Department Comments:
• The "ON" District would be an expansion of the office zoning district to the west and
would not allow uses that are nuisances to the adjacent residential uses. A rezoning
to the "ON" District would allow the Future Land Use Plan's designation of the
property of medium density residential to be implemented.
• The proposed rezoning would not negatively impact the surrounding properties, and
the property to be rezoned is suitable for office or multifamily and office uses. A
buffer yard would be required to minimize the impact of potential commercial
development on the adjacent one- and two-family properties.
• The proposed rezoning is compatible with the present zoning and conforming uses
of nearby properties and to the character of the surrounding area. The properties to
the north and west are developed with multifamily uses.
Planning Commission and Staff Recommendation (April 9, 2014):
Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "ON"
Office District.
Number of Notices Mailed — 16 within 200-foot notification area;
3 outside notification area
0
As of April 22, 2014:
In Favor — 1 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: Location Map (Existing Zoning & Notice Area)
Site Plan
K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0414-01 Klatt Thomas LLC-4302 IH 69 Access\Council Documents\0414-01
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CASE: 0414-01 -
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AGENDA MEMORANDUM
Public Hearing and First Reading Ordinance for the City Council Meeting of May 13, 2014
Second Reading Ordinance for the City Council Meeting of May 27, 2014
DATE: April 22, 2014
TO: Ronald L. Olson, City Manager
FROM: Barney Williams, P.E., Interim Director, Development Services Department
BarneyW@cctexas.com
(361) 826-3595
Rezoning from Single-Family to Commercial
By Peterson Properties, Ltd.
Property Address:
5425 & 5515 Old Brownsville Road & 809 South Padre Island Drive
CAPTION:
Case No. 0414-02 Peterson Properties, Ltd.: A change of zoning from the "RS-6" Single-
Family 6 District to the "CG-2" General Commercial District, resulting in a partial change to
the Future Land Use Plan from light industrial to commercial uses. The property is
described as being a 118.30-acre tract of land out of Lots 9, 10, 11, 14, 15, and 16,
Section 5, Range VIII, of the Gugenheim and Cohn's Farm Lots, located between Old
Brownsville Road (FM 665), South Padre Island Drive (SH 358), and West Point Road.
PURPOSE:
The purpose of this item is to rezone the property to allow commercial uses.
RECOMMENDATION:
Planning Commission and Staff Recommendation (April 9, 2014):
Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2"
General Commercial District.
BACKGROUND AND FINDINGS:
As detailed in the attached report, the applicant is requesting a rezoning from the
"RS-6" Single-Family 6 District to the "CG-2" General Commercial District to allow
commercial uses on the property. The proposed rezoning would allow uses such as retail
sales and service uses, restaurant and bars uses, self-service storage uses, vehicle sales
and service uses, townhouses, apartments, and commercial parking uses.
The proposed rezoning is consistent with the Comprehensive Plan and partially consistent
Future Land Use Plan. Approximately 12 acres located at the intersection of West Point
Road and South Padre Island Drive (SH 358) are planned for light industrial uses.
Commercial uses are appropriate at the intersection of a major arterial type street and a
freeway. The remaining 106 acres are planned for commercial uses. The proposed
rezoning will not negatively impact the surrounding properties and the property to be
rezoned is suitable for commercial uses. The proposed rezoning is compatible with the
current zoning and conforming uses of nearby properties and to the character of the
surrounding area. The proposed development has sufficient access to arterial type streets,
which would limit traffic through nearby residential areas.
ALTERNATIVES:
Deny the request.
OTHER CONSIDERATIONS:
Not Applicable
CONFORMITY TO CITY POLICY:
The proposed rezoning is consistent with the Future Land Use Plan and the proposed
rezoning is consistent with pertinent elements of the Comprehensive Plan.
EMERGENCY/ NON-EMERGENCY:
Non-Emergency
DEPARTMENTAL CLEARANCES:
Legal and Planning Commission
FINANCIAL IMPACT:
❑ Operating ❑ Revenue ❑ Capital o 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: None
LIST OF SUPPORTING DOCUMENTS:
Ordinance with Exhibits
Report with Attachments
Aerial Overview Map
Ordinance amending the Unified Development Code ("UDC"), upon
application by Peterson Properties, Ltd. ("Owner"), by changing the
UDC Zoning Map in reference to a 118.30-acre tract of land out of
Lots 9, 10, 11, 14, 15, and 16, Section 5, Range VIII, of the Gugenheim
and Cohn's Farm Lots, from the "RS-6" Single-Family 6 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 Peterson Properties, Ltd.
("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code
("UDC") and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on
Wednesday, April 9, 2014, during a meeting of the Planning Commission, and on
Tuesday, May 13, 2014, during a meeting of the City Council, during which all interested
persons were allowed to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best
serve the public health, necessity, convenience and general welfare of the City of
Corpus Christi and its citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Upon application by Peterson Properties, Ltd. ("Owner"), the Unified
Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by
changing the zoning on a 118.30-acre tract of land out of Lots 9, 107 117 147 15, and 16,
Section 5, Range VIII, of the Gugenheim and Cohn's Farm Lots, located between Old
Brownsville Road (FM 665), South Padre Island Drive (SH 358), and West Point Road
(the "Property"), from the "RS-6" Single-Family 6 District to the "CG-2" General
Commercial District (Zoning Map Nos. 051040 & 050040), as shown in Exhibits "A" and
"B." Exhibit A, which is a metes and bounds description of 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.
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:
Rebecca Huerta Nelda Martinez
City Secretary Mayor
Page 2 of 2
0414-02 Ordinance,Peterson Properties,Ltd.
Job No. 40706.133.01
March 13, 2014
EMBAIM
ENGINEERING
118.30 Acre Zoning Tract
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes for a 118.30 acre tract of land out Lots 9, 10, 11, 14, 15 and 16, Section 5, Range VIII,
of the Gugenheim& Cohn's Farm Lots, a map of which is recorded in Volume A, Page 53, Map Records
of Nueces County, Texas; said 118.30 acre tract also being comprised of portions of Tracts 1-B, 2-13, 3-B,
4 and Tract 6, M.M. Gabriel Land, a map of which is recorded in Volume 2, Page 22, Miscellaneous Map
Records of Nueces County, Texas; and being more fully described by metes and bounds as follows:
Beginning, at a 5/8 inch iron rod (bent) found for the Southwest corner of a 0.446 acre tract
described in Vol. 903, Pg. 352, Deed Records of Nueces County, Texas, for the Southeast corner of a
2.083 acre tract described in deed recorded in Volume 1310, Pg. 177, Deed Records of Nueces County,
Texas and for a corner of this tract;
Thence,North 53'08'16" East, 105.60 feet, to a Type I TxDOT monument (disturbed) found, on
the Southwest right-of-way of South Padre Island Drive (State Highway 358), a public roadway, for a
corner of this tract;
Thence, South 52°16'29" East, with the said Southwest right-of-way of South Padre Island Drive,
244.02 feet, to a Type I TxDOT monument(disturbed) found, for a corner of this tract;
Thence, South 41°58'40" East, continuing with the said Southwest right-of-way, 2049.10 feet, for
a corner of this tract;
Thence, South 36°51'l7" East, continuing with the said Southwest right-of-way, 335.47 feet, to a
Type II TxDOT monument found, for a corner of this tract;
Thence, South 24°58'12" West, with the flared right-of-way of the said South Padre Island Drive,
39.76 feet, to a Type II TxDOT monument found, on the North right-of-way of West Point Road, a public
Roadway, for a corner of this tract;
Thence, South 88°40'05" West, with the said North right-of-way of West Point Road, 3915.64
feet to the Southeast corner of a 4.01 acre tract of land out of Lot 13, the said Gugenheim & Cohn's Farm
Lots, and for the Southwest corner of this tract;
Thence,North 01'10'57" West, with the common boundary of the said 4.01 acre tract and this
tract, 711.04 feet, to the South right-of-way of Old Brownsville Road, a public roadway for a corner of
this tract;
S:\Surveying\40706\B301\OFFICE\METES AND BOUNDS\rezone.doc Page 1 of 2
(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTIJEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE Firm#145
EXH I BIT A
TBPLS Firm #10032400
Thence,North 52°42'24" East, with the said South right-of-way of Old Brownsville Road,
2,452.97 feet, to the West corner of the said 0.446 acre tract, for a corner of this tract;
Thence, South 37°04'29" East, with the West boundary of the said 0.446 acre tract, 241.12 feet to
the Point of Beginning, containing 118.30 Acres (5,152,915 square feet) of land, more or less.
Bearings based on GPS,NAD 83, State Plane Coordinates, Texas South Zone 4205.
Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety,
in its original form, surveyor assumes no responsibility for its accuracy.
Also reference accompanying sketch of the tract described herein.
OF
'tP�'G1STEq .q
JAMES DAVID.CARR
U AN ENgl�1E RING V.
A 64 5 Qjl ~Q
l9y�FESS0, :
SURD James D. Carr, R.P.L.S.
License No. 6458
S:\Surveying\40706\B301\OFFICE\METES AND BOUNDSVezone.doc Page 2 of 2
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PLANNING COMMISSION FINAL REPORT
Case No.: 0414-02
HTE No. 14-10000014
Planning Commission Hearing Date: April 9, 2014
Applicant/Owner: Peterson Properties, Ltd.
Legal Description/Location: Being a 118.30-acre tract of land out of Lots 9,
.� 1 .cL 10, 11, 14, 15, and 16, Section 5, Range VIII, of the Gugenheim and Cohn's
Farm Lots, located between Old Brownsville Road (FM 665), South Padre Island
Q°a Q Drive (SH 358), and West Point Road.
0
�., From: "RS-6" Single-Family 6 District
Q To "CG-2" General Commercial District
.E Cr Area. 118.30 acres
N° Purpose of Request: To allow development of commercial uses.
Existing Zoning Existing Land Use Future Land Use
District
Site "RS-6" Single-Family 6 Vacant & Estate Light Industrial &
c
Residential Commercial
c�
"IL" Light Industrial & Light Industrial,
•� ) North "CG-2" General Commercial, Office, Light Industrial
0 Commercial & Vacant
South "IL" Light Industrial Vacant Light Industrial
w East "IL" Light Industrial Light Industrial & Light Industrial
Vacant
West "IL" Light Industrial Vacant Light Industrial
Area Development Plan: The subject property is located within the boundaries
cL c of the Westside Area Development Plan (ADP) and is planned for commercial
and light industrial uses. The proposed change of zoning to the "CG-2" General
a c Commercial District is partially consistent with the Future Land Use Plan.
a > Map No.: 051040 & 050040
Zoning Violations: None
L Transportation and Circulation: The subject property has access to South
°a c Padre Island Drive (SH 358), which is a Freeway/Expressway, Old Brownsville
}, Road (FM 665), which is a proposed "A3" Primary Arterial Divided street, and
West Point Road, which is a proposed "A2" Secondary Arterial Divided street
~ and a "Cl" Minor Residential Collector street.
Case#0414-02
Peterson Properties, Ltd.
Page 2
Urban Proposed Existing Traffic
Street Transportation Plan Section Section Volume
Type (2011)
SPID Freeway/Expressway 400' ROW ROW varies E 1,976
paved varies paved varies W 2,314
O
Old "A3" Primary Arterial 130' ROW 120' ROW Not
Q Bro Rndsville Divided 79' paved 50' paved Available
L
Cn West Point "A2" Secondary 100' ROW 105' ROW Not
Rd. Arterial Divided 54' paved 24' paved Available
West Point "Cl" Minor 60' ROW 60' ROW Not
Rd. Residential Collector 40' paved 22' paved Available
Staff Summary:
Requested Zoning: The applicant is requesting a change of zoning from the "RS-6"
Single-Family 6 District to the "CG-2" General Commercial District to allow future
development of commercial uses. The applicant does not have a specific development
plan for the property but will subdivide the property into commercial lots in the future.
The applicant has one potential commercial user at the corner of Old Brownsville Road
(FM 665) and South Padre Island Drive (SH 358).
Existing Land Uses & Zoning: North of the subject property and across Old
Brownsville Road (FM 665) are industrial properties and a gas station zoned "IL" Light
Industrial District and "CG-2" General Commercial District. East of the subject property
are industrial properties zoned "IL" Light Industrial District. South across West Point
Road and west across South Padre Island Drive (SH 358) of the subject property is
vacant land zoned "IL" Light Industrial District.
AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use
Zones (AICUZ).
Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject
property is within the boundaries of the Westside ADP and the proposed rezoning is
partially consistent with the adopted Future Land Use Plan, which slates the property for
light industrial and commercial uses. The proposed rezoning is consistent with pertinent
elements of the Comprehensive Plan, such as:
1. Traffic hazards should be lessened by discouraging through traffic within
residential areas (Policy Statement, Residential J).
2. Commercial activities which generate large volumes of traffic should have direct
access to an arterial without having to traverse low-density areas (Policy
Statement, Commercial F).
Case#0414-02
Peterson Properties, Ltd.
Page 3
Department Comments:
• The proposed rezoning is consistent with the Comprehensive Plan and partially
consistent Future Land Use Plan. Approximately 12 acres located at the intersection
of West Point Road and South Padre Island Drive (SH 358) are planned for light
industrial uses. Commercial uses are appropriate at the intersection of a major
arterial type street and a freeway. The remaining 106 acres are planned for
commercial uses.
• The proposed rezoning would not negatively impact the surrounding properties and
the property to be rezoned is suitable for commercial uses.
• The proposed rezoning is compatible with the present zoning and conforming uses
of nearby properties and to the character of the surrounding area.
• The proposed development has sufficient access to arterial type streets, which
would limit traffic through nearby residential areas.
Planning Commission and Staff Recommendation (April 9, 2014):
Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2"
General Commercial District.
Number of Notices Mailed — 33 within 200-foot notification area;
4 outside notification area
0
As of April 22, 2014:
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.
Attachments: Location Map (Existing Zoning & Notice Area)
K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0414-02 Peterson Properties, Ltd\Council Documents\0414-02 Report for
CC, Peterson Properties, Ltd..docx
3
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R`6 4.00 800 et Prepared By:jeremym
Fe Department of Development Services
CASE: 0414-02
0
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Zoning & Notice Area w o
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� z 2
RM-1 Multifamily 1 IL Light Industrial
RM-2 Multifamily 2 IH Heavy Industrial
RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay EAR
ON Professional Office RS-10 Single-Family 10
RM-AT Multifamily AT RS-6 Single-Family 6 _-
CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 SUBJECT
CN-2 Neighborhood Commercial RS-TF Two-Family PROPERTY
CR-1 Resort Commercial RS-15 Single-Family 15
CR-2 Resort Commercial RE Residential Estate �O
CG-1 General Commercial
RS-TH Townhouse
CG-2 General Commercial
SP Special Permit 5
Cl Intensive Commercial RV Recreational Vehicle Park
CBD Downtown Commercial �� P
RMH Manufactured Home
CR-3 Resort Commercial
FR Farm Rural N Apo
H Historic Overlay
BP Business Park
E
aSubject Property O Owners City of
with 200'buffer in favor S Corpus
4 Owners within 200'listed on /�v Owners
attached ownership table in opposition LOCATION MAP Christi
AGENDA MEMORANDUM
Public Hearing and First Reading Ordinance for the City Council Meeting of May 13, 2014
Second Reading Ordinance for the City Council Meeting of May 27, 2014
DATE: April 22, 2014
TO: Ronald L. Olson, City Manager
FROM: Barney Williams, P.E., Interim Director, Development Services Department
BarneyW@cctexas.com
(361) 826-3595
Rezoning from Single-Family to Multifamily
By John O. Nicholson, III d/b/a Barton Street Pub
Property Address: 1005 & 1009 Mounts Drive
CAPTION:
Case No. 0414-03 John O. Nicholson, III d/b/a Barton Street Pub: A change of zoning from
the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District, resulting in a
change to the Future Land Use Plan from commercial to medium density residential uses.
The property is described as being a 0.421-acre tract of land out of Lots 7 and 8, Block H,
Flour Bluff Estates, located at the southeast intersection of Mounts Drive and Melody
Lane.
PURPOSE:
The purpose of this item is to rezone the property to allow multifamily uses.
RECOMMENDATION:
Planning Commission and Staff Recommendation (April 9, 2014):
Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1"
Multifamily 1 District.
BACKGROUND AND FINDINGS:
As detailed in the attached report, the applicant is requesting a rezoning from the
"RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District to allow multifamily uses
on the property. The proposed rezoning would allow uses such as single-family dwellings,
townhouses, apartments, and duplexes. The current use of the property would not change
as a result of the rezoning. The current use of the property is medium density residential,
which is a non-conforming use in the "RS-6" District. A rezoning would bring the property
into conformity with the Unified Development Code.
The proposed rezoning is inconsistent with the Future Land Use Plan, which slates the
property for commercial uses. Although inconsistent with the Future Land Use Plan, the
proposed rezoning to the "RM-1" District would be an appropriate use at this location. The
"RM-1" District allows multifamily uses, which are also permitted in commercial zoning
districts. The proposed rezoning is less intensive than a commercial use and would
provide a transition from the commercial to the surrounding residential properties. The
proposed rezoning is compatible with the present zoning and conforming uses of nearby
properties and to the character of the surrounding area. The proposed rezoning would not
negatively impact the surrounding properties and the property to be rezoned is suitable for
multifamily uses.
ALTERNATIVES:
Deny the request.
OTHER CONSIDERATIONS:
Not Applicable
CONFORMITY TO CITY POLICY:
The proposed rezoning is inconsistent with the Future Land Use Plan, but is consistent
with the Comprehensive Plan.
EMERGENCY/ NON-EMERGENCY:
Non-Emergency
DEPARTMENTAL CLEARANCES:
Legal and Planning Commission
FINANCIAL IMPACT:
❑ Operating ❑ Revenue ❑ Capital o 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: None
LIST OF SUPPORTING DOCUMENTS:
Ordinance with Exhibits
Report with Attachments
Aerial Overview Map
Ordinance amending the Unified Development Code ("UDC"), upon
application by John O. Nicholson, III d/b/a Barton Street Pub
("Owner"), by changing the UDC Zoning Map in reference to a 0.421-
acre tract of land out of Lots 7 and 8, Block H, Flour Bluff Estates,
from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1
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 John O. Nicholson, III d/b/a
Barton Street Pub ("Owner"), for an amendment to the City of Corpus Christi's Unified
Development Code ("UDC") and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on
Wednesday, April 9, 2014, during a meeting of the Planning Commission, and on
Tuesday, May 13, 2014, during a meeting of the City Council, during which all interested
persons were allowed to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best
serve the public health, necessity, convenience and general welfare of the City of
Corpus Christi and its citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Upon application by John O. Nicholson, III d/b/a Barton Street Pub
("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas
("City"), is amended by changing the zoning on a 0.421-acre tract of land out of Lots 7
and 8, Block H, Flour Bluff Estates, located at the southeast intersection of Mounts
Drive and Melody Lane (the "Property"), from the "RS-6" Single-Family 6 District to the
"RM-1" Multifamily 1 District (Zoning Map No. 034032), as shown in Exhibits "A" and
"B." Exhibit A, which is a metes and bounds description of 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.
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:
Rebecca Huerta Nelda Martinez
City Secretary Mayor
Page 2 of 2
0414-03 Ordinance,John 0 Nicholson,III
STATE OF TEXAS
COUNTY OF NUECES
Field Notes of an 0.421 acre tract of land being out of Lot 7,Block H,Flour Bluff Estates,as shown
on a map recorded in Volume 8,Page 1,Map Records Nueces County,Texas. Said 0.421 acres
being more particularly described as follows:
BEGINNING at a 5/8"iron rod found in the intersection of the south right of way of Melody Lane,
and the east right of way of Mounts Drive,and for the north corner of this survey,THENCE south
right of way of Melody Lane,South 61'23'29"East,a distance of 118.94 feet to a point for the east
corner of this survey,from WHENCE,a 1/2"iron pipe found in the south right of way of Melody
Lane bears South 61°23'29"East,a distance of 102.35 feet.
THENCE,South 28°35'31"West,a distance of 137.68 feet to a point for the south comer of this
survey.
THENCE North 61053'29"West,a distance of 141.20 feet to a point in the east right of way of
Mounts Drive,and for the west corner of this survey,said point being a point of curvature of a
curve to the right,with a radius of 600.00 feet.
THENCE with the east right of way of Mounts Drive and being said curve to the right,a chord
bearing of North 37'07'19"East,and a chord distance of 125.97 feet to a point in the east right of
way of Mounts Drive,being a point of curvature of a curve to the right with a radius of 750.00 feet.
THENCE with the east right of way of Mounts Drive and being said curve to the right,a chord
bearing of North 42°35'02"East,and a chord distance of 14.77 feet to the POINT OF
BEGINNING of this survey,and containing 0.421 acres of land,more or less.
Notes:
1.)Bearings are based on Global Positioning System NAD 83 (93)4205 Datum.
2.)A Map of equal date accompanies this Metes and Bounds description.
I,Ronald E.Brister do hereby certify that this survey of the property legally described herein was
made on the ground this day February 14,2014 and is correct to the best of my knowledge and
belief.
/- n/I
Ronald E.Brister,RPLS No.5407
Date:March 17,2014.
.�EOF 7r
5_.4E Fo•..tP
t : .
RONALD E BRISTER
....................................
. 5407 �•r
Job 14371
EXHIBIT A
SURVEY OF
A 0.421 ACRE TRACT OF LAND BEING OTU OT LOT 7,BLOCK H,
FLOUR BLUFF ESTATES,AS SHOWN ON A MAP RECORDED IN
VOLUME 8,PAGE 1,MAP RECORDS NUECES COUNTY,TEXAS.
1 inch=30 ft. _ _MELODY LANE
RIGHT OF WAY VARIES
O
/
(MEAS) FOUND 1/2"IP BEARS
S61 2329 E 118.94 MEAS
R=750.00 (MEAS) S61°23'29"E 102.35'
L=14.77
Tan=7.38
0=1°0741^
CB=N42'35'02"E 14,77
a13
Qo
H
U W
00
1 0.421 ACRES I�-
18,348 S.F.
JOHN NICHOLSON
(MEAS) N 0.15 ACRES
1 R=600.00 Uj
L=126.20
Tan=63.34
0=12°03'06"
CB=S37°0719"W 125.97
N61°53'29"W 141.20' (MEAS)
JOHN NICHOLSON III
0.75 ACRES
DOC.NO.2008024524
D.R.N.C.T.
o@=FOUND 5/8"IRON ROD
O=PROPERTY CORNER
Brister Surveying NOTES:
4659 Everhart Suite 100 1.)TOTAL SURVEYED AREA IS 0.421 ACRES.
Corpus Christi,Teas 78411 2.)MEASURED BEARINGS ARE BASED ON GLOBAL
Off 361-850-1800 POSITIONING SYSTEM NAD 83(93)4205 DATUM.
\ Fax 361-850-1802
Brister —ying @carpus.twchc.c°m -OF TF THIS SURVEY DOES NOT INCLUDE THE
Firm Registra0°n No.100728DO Q-••......,. .�- RESEARCH,INVESTIGATION,OR LOCATIONS OF
co;•��WSTfRFO gc11 ALL SERVITUDES,EASEMENTS,RIGHT OF WAYS,
} ;' •. } OR UTILITIES ON THIS PROPERTY.
.RONALD•E.BRISTER 1,RONALD E.BRISTER DO HEREBY CERTIFY
5407 THAT THIS SURVEY OF THE PROPERTY LEGALLY
�q'oA�FESSIG�P'OQ- DESCRIBED HEREIN WAS MADE ON THE GROUND
THIS DAY FEBRUARY 14,2014 AND IS CORRECT
.USURV" TO THE BEST OF MY KNOWLEDGE AND BELIEF.
MARCH 17,2014
1URVEY DAM JOB NO.14371 RONALD E.BRISTER R.P.L.S.NO.54W
EXHIBIT B
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PLANNING COMMISSION FINAL REPORT
Case No.: 0414-03
HTE No. 14-10000013
Planning Commission Hearing Date: April 9, 2014
Applicant/Owner: John O. Nicholson, III d/b/a Barton Street Pub
Legal Description/Location: Being a 0.421-acre tract of land out of Lots 7 and
0 .a 8, Block H, Flour Bluff Estates, located at the southeast intersection of Mounts
cL J 0 Drive and Melody Lane.
CL
0
From: "RS-6" Single-Family 6 District
y To: "RM-1" Multifamily 1 District
Q Area: 0.421 acres
c Purpose of Request: To allow construction of two multifamily structures
N consisting of seven dwelling units total.
Existing Zoning Existing Land Use Future Land Use
District
Site "RS-6" Single-Family 6 Medium Density Commercial
Residential
North "RS-6" Single-Family 6 Medium Density Low Density Residential Residential
0 "CG-2" General
N South Commercial Vacant Commercial
c �
"RS-6" Single-Family 6
y East & "CG-2" General Commercial & Low Commercial
w Commercial Density Residential
"CG-2" General Vacant & Low
West Commercial & "RS-15" Commercial
Single-Family 15 Density Residential
Area Development Plan: The subject property is located within the boundaries
cL c of the Flour Bluff Area Development Plan (ADP) and is planned for commercial
uses. The proposed change of zoning to the "RM-1" District is not consistent
a c with the Future Land Use Plan.
o Map No.: 034032
a Zoning Violations: None
c Transportation and Circulation: The subject property has access to Mounts
CL.o Drive and Melody Lane, which are local residential streets. The subject property
has indirect access to South Padre Island Drive (SH 358), which is an
expressway/freeway, via Mounts Drive.
Case#0414-03
John Nicholson
Page 2
Urban Proposed Existing Traffic
Street Transportation Plan Section Section Volume
O Type
W Mounts Dr. Local Residential 50' ROW 50' ROW Not
Q 24 paved 20 paved Available
L
Cn Melody Ln. Local Residential 50' ROW 25' ROW Not
24' paved 16' paved Available
Staff Summary:
Requested Zoning: The applicant is requesting a change of zoning from the "RS-6"
Single-Family 6 District to the "RM-1" Multifamily 1 District to allow construction of two
multifamily structures consisting of seven dwelling units total.
Development Plan: Currently, two single-family dwellings, a four-plex, and a three car
garage exist on the property. The applicant plans to demolish the four-plex and the two
single-family dwellings. The existing garage will remain on the property and have three
dwelling units added onto the structure. A second building, consisting of four units, will
be constructed on the site as well. All proposed structures will be one story and will
consist of one-bedroom units. The development will be required to provide a minimum
of 13 parking spaces for the seven 1-bedroom units. Access to Melody Lane will be
prohibited and the only access point to the property shall be from Mounts Drive.
Existing Land Uses & Zoning: North of the subject property is a multifamily
development zoned "RS-6" Single-Family 6 District. East of the subject property is a
single-family dwelling and the parking lot of Barton Street Pub zoned "RS-6" Single-
Family 6 District and "CG-2" General Commercial District. South of the subject property
is vacant land zoned "CG-2" General Commercial District. West of the subject property
is a single-family dwelling and vacant land zoned "RS-15" Single-Family 15 District and
"CG-1" General Commercial District.
AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use
Zones (AICUZ).
Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject
property is within the boundaries of the Flour Bluff ADP and the proposed rezoning is
not consistent with the adopted Future Land Use Plan, which slates the property for
commercial uses.
Case#0414-03
John Nicholson
Page 3
Department Comments:
• Although inconsistent with the Future Land Use Plan, the proposed rezoning to the
"RM-1" District would be an appropriate use at this location. The proposed rezoning
is less intensive than a commercial use and would provide a transition from the
commercial to the surrounding residential properties.
• The proposed rezoning would not negatively impact the surrounding properties and
the property to be rezoned is suitable for multifamily uses. A buffer yard would be
required to minimize the impact of commercial development on the adjacent single-
family property.
• The proposed rezoning is compatible with the present zoning and conforming uses
of nearby properties and to the character of the surrounding area.
• The use of the property would not change as a result of the rezoning. The use of the
property is currently medium density residential, which is a non-conforming use in
the "RS-6" District. A rezoning would bring the property into conformity with the
Unified Development Code.
Planning Commission and Staff Recommendation (April 9, 2014):
Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1"
Multifamily 1 District.
Number of Notices Mailed — 25 within 200-foot notification area;
2 outside notification area
0
As of April 22, 2014:
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.
Attachments: Location Map (Existing Zoning & Notice Area)
Site Plan
K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0414-03 John O. Nicholson\Council Documents\0414-03 Report for CC,
John 0. Nicholson, Ill.docx
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CASE: 0414-03 °ayooP
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SUBJECT PROPERTY WITH ZONING
Subject
Property
RM-1 Multifamily 1 IL Light Industrial �''� SUBJECT
RM-2 Multifamily 2 IH Heavy Industrial
RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay 00� PROPERTY
ON Professional Office RS-10 Single-Family 10 �
RM-AT Multifamily AT RS-6 Single-Family 6
CN-1 Neighborhood Commercial RS4.5 Single-Family4.5
CN-2 Neighborhood Commercial RS-TF Two-Family
CR-1 Resort Commercial qr
CR-2 Resort Commercial RE Single-Family to Rrcio,
RE Residential Estate
CG-1 General Commercial RS-TH Townhouse <-F G'QON S
CG-2 General Commercial SP Special Permit No'9��R _41 vN
CI Intensive Commercial RV Recreational Vehicle Park
CBD Downtown Commercial
RMH Manufactured Home E
CR-3 Resort Commercial
FR Farm Rural City Of
H Historic Overlay CO US
BP Business Park LOCATION MAP Christi
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AGENDA MEMORANDUM
Public Hearing and First Reading Ordinance for the City Council Meeting of May 13, 2014
Second Reading Ordinance for the City Council Meeting of May 27, 2014
DATE: April 30, 2014
TO: Ronald L. Olson, City Manager
FROM: Barney Williams, P.E., Interim Director, Development Services Department
BarneyW@cctexas.com
(361) 826-3595
Rezoning from Apartment to Commercial Zoning
By BCH Investment Group, LLC
Property Address: 7601 South Staples Street (FM 2444)
CAPTION:
Case No. 0414-04 BCH Investment Group, LLC: A change of zoning from the "RM-2"
Multifamily 2 District to the "CG-2" General Commercial District, resulting in a change to
the Future Land Use Plan. The property to be rezoned is described as being an 8.080-
acre tract of land out of Lots 23 and 24, Section 6, Flour Bluff and Encinal Farm and
Garden Tracts, located along the west side of South Staples Street (FM 2444),
approximately 400 feet south of Yorktown Boulevard.
PURPOSE:
The purpose of this item is to rezone the property to allow development of a commercial
use.
RECOMMENDATION:
Planning Commission and Staff Recommendation (April 9, 2014):
Approval of the rezoning from the "RM-2" Multifamily 2 District to the "CG-2" General
Commercial District.
BACKGROUND AND FINDINGS:
As detailed in the attached report, the applicant is requesting a change of zoning from
the "RM-2" Multifamily 2 District to the "CG-2" General Commercial District to allow for
the development of an entertainment center that will include a movie theater with up to
1,300 seats, eight-lane bowling alley, laser tag area, and arcade. This use is classified
as a commercial "indoor recreation" use according to the Unified Development Code
(UDC) and is allowed in both the request zoning district, "CG-2" General Commercial
District, and in the "CN-1" Neighborhood Commercial District.
The area being rezoned is 8.08 acres and is part of an approximately 10-acre site. The
front portion of the 10-acre tract is already zoned "CG-2" General Commercial District
and the developer has indicated that the two acres at the front of the property along
South Staples Street will likely be reserved for commercial out-parcels (or lots). The
proposed indoor recreation use will be housed within an approximately 65,000-square
foot building according to the developer's latest site plan. To minimize negative impacts
on the neighboring single-family dwellings to the west, the development would be
required to comply with the UDC's requirements for protecting single-family uses from
the nuisances of commercial development, such as minimizing glare from outdoor lights
and installing a buffer yard to physically separate the uses. In a "CG-2" District, the
development would have to provide a 15-foot wide buffer yard.
The subject property is bordered by Asbury United Methodist Church to the north; a
mini-storage facility to the south; vacant commercial property immediately to the east of
the subject property; and a single-family subdivision to the west. With the exception of
the single-family subdivision, all adjacent properties are currently zoned "CG-2" General
Commercial District. The area on the west side of South Staples Street between
Yorktown Boulevard and Boston Drive to the south was annexed in 1987 and was
shortly thereafter rezoned to the "CG-2" General Commercial District.
The subject property is located on South Staples Street (FM 2444), a TxDOT highway
with an existing classification of "A2" Secondary Arterial with four travel lanes and
median. The Level of Service (LOS) for in this segment of South Staples Street is LOS
"A," which means the highway currently has "good flow". For this type of street "good
flow" is less than 16,100 average daily trips (ADT) and "tolerable" flow" is between
16,101 and 19,100 ADT. If this rezoning is approved, a general commercial retail use
allowed by the "CG-2" General Commercial District can be estimated to generate
approximately 4,400 ADT on a Saturday, which is about 2.8 times as much traffic as an
apartment complex would generate. A movie theater and bowling alley would have
generated 5,500 ADT, which is about 3.5 times as much traffic on a Saturday than
apartments would generate. Traffic volumes (January 2014) on South Staples Street
are about 7,800 ADT.
Staff's recommendation for approval is based on the zoning history of the property and
the "CG-2" zoning of the surrounding commercial properties. The 8.08-acre subject
property was previously zoned "CG-2" and was rezoned to "RM-2" for a residential
project that failed to develop. The Future Land Use Plan slates the property for
multifamily uses due to the previous rezoning, therefore making the current rezoning
request inconsistent with the Plan. Traffic impacts and other negative impacts are
minimal or will be minimized by development standards for the development.
ALTERNATIVES:
1. Deny the request.
2. Deny the requested "CG-2" General Commercial District and approve a less intense
zoning district such as the "CN-1" Neighborhood Commercial District, which is the
minimum zoning district that would allow the proposed use.
3. Deny the requested "CG-2" General Commercial District and approve a Special
Perm it.
OTHER CONSIDERATIONS:
Though the proposed indoor recreation use is expected to serve alcoholic beverages, it
would not be classified as a "bar" according to the UDC since the main use of the
building is for entertainment activities and because the entertainment facility would not
be expected to generate more than 75% of its gross revenue from the sale of alcoholic
beverages for on-premise consumption. A bar is not allowed in the "CN-1"
Neighborhood Commercial District and the UDC requires that a bar shall not be located
any closer than 1,000 feet from a place of worship, or elementary, middle or high school
and 300 feet from a day care use. Texas Alcoholic Beverage Commission (TABC) will
regulate the on-premise consumption of alcoholic beverage through its own permitting
requirements.
CONFORMITY TO CITY POLICY:
The subject property is located within the boundaries of the Southside Area
Development Plan. Although inconsistent with the adopted Future Land Use Plan,
which calls for a medium-density residential use (or apartments at 22 units per acre),
the proposed rezoning is compatible with the current zoning and development patterns
of the abutting commercial to the south and east properties.
EMERGENCY/ NON-EMERGENCY:
Non-Emergency
DEPARTMENTALCLEARANCES:
Traffic Engineering, Legal, and Planning Commission
FINANCIAL IMPACT:
❑ Operating ❑ Revenue ❑ Capital o 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: None
LIST OF SUPPORTING DOCUMENTS:
Ordinance with Exhibits
Report with Attachments
Aerial Map & Presentation
Ordinance amending the Unified Development Code ("UDC"), upon
application by BCH Investment Group, LLC ("Owner"), by changing
the UDC Zoning Map in reference to a 8.080-acre tract of land out of
Lots 23 and 24, Section 6, Flour Bluff and Encinal Farm and Garden
Tracts, from the "RM-2" Multifamily 2 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 by BCH Investment Group, LLC
("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code
("UDC") and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on
Wednesday, April 9, 2014, during a meeting of the Planning Commission, and on
Tuesday, May 13, 2014, 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 BCH Investment Group, LLC ("Owner"), the
Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is
amended by changing the zoning on a 8.080-acre tract of land out of Lots 23 and 24,
Section 6, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), located
along the west side of South Staples Street (FM 2444), approximately 400 feet south of
Yorktown Boulevard, from the "RM-2" Multifamily 2 District to the "CG-2" General
Commercial District (Zoning Map No. 045031), as shown in Exhibits "A" and "B." Exhibit
A, which is a metes and bounds description of 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.
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:
Rebecca Huerta Nelda Martinez
City Secretary Mayor
0414-04 Ordinance,BCH Investment Group, LLC Page 2 of 4
STATE OF TEXAS
COUNTY OF NUECES
Exhibit"A"
Field notes Ora 8.090 acre Out being out of a 10.735 acre tract.Said 10.735 acre tract being out
of Lot 23 and 24,Section 6,Flour Bluff and Encinal Farm and Garden Tracts.as shown on a
map recorded in Volume A.Pages 41 -43,Map Records Nucces County,Tem.Said 8.080
acres being more particularly described as follows:
BEGINNING at a Point in the cast line of Lot 9,Block 1,Stoney Brook Utdt 2,as shown on a
map recorded in Volume 52,Page 165,Map Records Nucccs County,Texas,for the no comer
of Lot 3,Block 1,Stoney Break Subdivision,as shown an a amp recorded in Volume 52,Page
30,Map Recortis Nucces County,Texas,and for the west Comer Of this plat.
THENCE with the east line of said Stoney Brook Unit 2 Subdivision,North 29*56'50"East,a
distance of 41318 reet to a point in the eag line of Lot 16 of the Stoney Brook Unit 2
Subdivision,for the west comer of Lot 1,Block 1,Asbury Addition,as shown on a map
recorded in Volume 56,Page 118,Map Records Nucces County,Texas,and for the north comer
of thig plat.
THENCE with the south line of said Lot 1,Block 1,South 61'02'40"Ent,a distance of 851.67
feet to a point for the east comer of this survey.
THENCE parallel with the wtrn right of way of South Staples Street.South 29'57*20"West,a
distance or4l3 29 feet to a point In the north line of Lot 1,Block 1,of said Stoney Brook
Subdivision,for the south comer of this plat.
THENCE with The north line of said Stoney Brook Subdivision,North 611102'40"West,a
distance of 951.61 feet to the POINT OF BEGINNING of this survey,and containing 8.080
acres of land,mom or less.
Notes:
1.)Bearings are based on the north line of Stoney Brook Subdivision,Volume 52,Page 30.Map
Records Nueces County,Texas.
2.)A Map of equal date accompanies this Metes and Bounds description.
1,Ronald E Brisler do hereby certify that this plat is for zoning purposes and is prepared from
the notes in City Ordinance 026033 This plat does not represent an on the ground survey.
Ronald E.Brister,RPLS No 5407
Dole:March 10.2014.
sop
5407
Job No.14336
Exhibit A
PLAT OF
A 8,000 ACRE TRACT BEING OUT OF A 10.735 ACRE TRACT.SAID 10,735 ACRE
TRACT BEING OUT OF LOT 23 AND 24,SECTION 6,FLOUR BLUFF AND
ENCINAL FARM AND GARDEN TRACTS,AS SHOWN ON A MAP RECORDED
IN VOLUME A,PAGES 41-43,MAP RECORDS NUECES COUNTY,TEX4&
STONEY BROOK UNrr 2
BLACK 1 EX] MIT"B"
VOL 52.PG.1
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Exhibit 6
PLANNING COMMISSION FINAL REPORT
Case No.: 0414-04
HTE No. 14-10000012
Planning Commission Hearing Date: April 9, 2014
a Developer: Jeffrey Evan Dinger
o Applicant/Owners: BCH Investment Group, LLC
u cm CL Legal Description/Location: Being an 8.080-acre tract of land out of Lots 23
EL—J 5 and 24, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located
Q°a o along the west side of South Staples Street (FM 2444), approximately 400 feet
south of Yorktown Boulevard.
From: "RM-2" Multifamily 2 District
y To: "CG-2" General Commercial District
Area: 8.080 acres
io Purpose of Request: To allow for the development of a family entertainment
venue.
Existing Zoning Existing Land Use Future Land Use
District
Medium Density
Site "RM-2" Multifamily 2 Vacant Residential
a� y
"CG-2" General
'c y North Church Commercial
C Commercial
N "CG-2" General
JSouth Commercial Commercial/Vacant Commercial
n "CG-2" General
• East Commercial Commercial Commercial
w
West "RS-4.5" Single-Family Low Density Low Density
4.5 Residential Residential
Area Development Plan: The subject property is located within the boundaries
cL c of the Southside Area Development Plan (ADP) and is planned for medium
density residential uses. The proposed change of zoning to the "CG-2" General
a c Commercial District is not consistent with the adopted Future Land Use Plan.
a Map No.: 045031
Zoning Violations: None
Case#0414-04
BCH Investment Group, LLC
Page 2
Transportation and Circulation: The subject property is located on South
Staples Street (FM 2444), a TxDOT highway with an existing classification of
"A2" Secondary Arterial with four travel lanes and median. The Level of Service
(LOS) for in this segment of South Staples Street is LOS "A," which means the
highway currently has "good flow". For this type of street "good flow" is less than
16,100 average daily trips (ADT) and "tolerable" flow" is between 16,101 and
19,100 ADT. If this rezoning is approved, a general commercial retail use
C allowed by the "CG-2" General Commercial District can be estimated to
CL
y generate approximately 4,400 ADT on a Saturday, which is about 2.8 times as
c
much traffic as an apartment complex would generate. A movie theater and
bowling alley would have generated 5,500 ADT, which is about 3.5 times as
much traffic on a Saturday than apartments would generate. Traffic volumes
(January 2014) on South Staples Street are about 7,800 ADT. Also, note that
the City's Urban Transportation Plan calls for South Staples Street to become a
larger "A3" Primary Arterial with six travel lanes.
Traffic
Street Urban Transportation Proposed Existing Volume
d Plan Type Section Section (2014)
d
Proposed: 130' ROW 100' ROW Q 7,779
Staples St. "A3" Primary Arterial 79' paved 65' paved
Cn (FM 2444) Existing: with with Average
Daily Trips
"A2" Secondary Arterial median median
Staff Summary:
Requested Zoning: The applicant is requesting a change of zoning from the "RM-2"
Multifamily 2 District to the "CG-2" General Commercial District to allow construction of
a commercial indoor recreation facility.
Development Plan: The 8.08-acre tract would be used together with the front portion of
the property for development of a family entertainment venue. As shown on the site
plan, the owner proposes to develop the property with a 1,300-seat movie theater,
eight-lane bowling alley, laser tag and arcade. The 65,000-square foot development will
provide over 700 paved parking spaces with lighting. Lighting will require compliance to
the Outdoor Lighting standards in the Unified Development Code. The "CG-2" District
would require the rear and side yard setback to be a minimum of ten feet. The building
will have to meet the setback based on building height where adjacent to the residential
neighborhood. A Type C buffer, which consists of a 15-foot wide buffer yard and 15
buffer points, would be required between the "CG-2" and "RS-4.5" Districts along the
west property boundary adjacent to the residential district.
Case#0414-04
BCH Investment Group, LLC
Page 3
Existing Land Uses & Zoning: The subject property is vacant and zoned "RM-2"
Multifamily 2 District. North of the subject property is a church in the "CG-2" General
Commercial District. South of the subject property is a self-storage facility in the "CG-
2" General Commercial District. West of the subject property is a single-family
neighborhood zoned "RS-4.5" Single-Family 4.5 District. To the east of the subject
property and across South Staples Street (FM 2444) is a shopping center zoned "CG-2"
General Commercial District. Also, to the southeast across South Staples Street is a
shopping center in the "CN-1" Neighborhood Commercial District.
AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use
Zones (AICUZ).
Plat Status: The subject property will require a replatting with all infrastructure and
public improvements constructed in accordance with the Unified Development Code
and all applicable Master Plans.
Comprehensive Plan & Area Development Plan Consistency: The subject property
is in the Southside Area Development Plan (ADP) and the proposed rezoning is not
consistent with the adopted Future Land Use Plan, which slates the property for
multifamily uses.
Department Comments:
• The proposed rezoning is compatible with the current zoning and development
patterns of the abutting properties to the north, south and east.
• Rezoning the subject property to the "CG-2" General Commercial District would be
an expansion of the existing "CG-2" District to north and south.
• The subject property was zoned "CG-2" General Commercial District prior to 2004,
when the zoning was changed to the "RM-2" Multifamily 2 District for a project that
failed to develop.
• The property to be rezoned is suitable for uses permitted by the requested "CG-2"
District.
• The proposed rezoning would not have a significant negative impact the surrounding
properties and the property to be rezoned is suited for commercial uses.
• The buffer yard, outdoor lighting standards, and the building setback from single-
family dwellings based on building height will minimize the impact of commercial
development on the adjacent single-family dwellings to the west.
Planning Commission and Staff Recommendation (April 9, 2014):
Approval of the change of zoning from the "RM-2" Multifamily 2 District to the "CG-2"
General Commercial District.
K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0414-04 BCH Investment Group, LLC\Council Documents\0414-04 CC
Report for BCH Investment Group, LLC.docx
Case#0414-04
BCH Investment Group, LLC
Page 2
Number of Notices Mailed — 32 within 200-foot notification area;
0
9 outside notification area
As of April 30, 2014:
In Favor — 1 inside notification area
z0 0 outside notification area
In Opposition — 1 inside notification area;
3 1 outside notification area
a
For 0.79% in opposition.
Attachments: Location Map (Existing Zoning & Notice Area)
Site Plan
Existing Land Use Map
Future Land Use Map
Future Land Use Map — Broader View
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CASE: 0414-04
EXISTING LAND GAS
/ml Estate Residential-ER Light industrial-Ll
LL R Lew Density Res.-LDR Heavy Industrial•Hi i �y
Aled Density Res.-MDR Public Semi-Public-PAP
® High Density Res.-HDR Park SUBJECT
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_ AGENDA MEMORANDUM
Public Hearing and First Reading for the City Council Meeting of May 13, 2014
xg Second Reading for the City Council Meeting of May 27, 2014
DATE: April 2, 2014
TO: Ronald L. Olson, City Manager
FROM: Barney Williams,P.E., Interim Director, Development Services Department
BarneyW@cctexas.com
(361) 826-3595
Amendment to the Unified Development Code:
Plat Recordation Prior to Final Acceptance of Infrastructure Improvements
CAPTION:
Ordinance amending the Unified Development Code to provide Conditional Acceptance
requirements by revising section 8.1.11 — Requirements for Plat Recordation;
subsections 8.1.11.A -Traffic Engineering Department acceptance requirements,
8.1.11.13 —Water Department acceptance requirements, 8.1.11.0 — Wastewater
Department acceptance requirements, 8.1.11.D Storm Water Department acceptance
requirements, 8.1.11.E Street Department acceptance requirements; section 8.1.12
Technical Requirements for Final Acceptance; subsections 8.1.12.A Traffic Engineering
Department acceptance requirements, 8.1.12.13 Water Department acceptance
requirements, 8.1.12.0 Wastewater Department acceptance requirements, 8.1.12.D
Storm Water Department acceptance requirements, and 8.1.12.E Street Department
acceptance requirements.
PURPOSE:
The purpose of this item is to amend the infrastructure requirements for plat recordation
and final acceptance.
BACKGROUND AND FINDINGS:
Through a coordinated effort of public outreach with the development and builder
community, and the City of Corpus Christi development, engineering and utilities
department, requirements for infrastructure improvements have been refined to facilitate
decreased times to complete work required to record a plat. The proposed UDC
revisions continue to require completion of the necessary utility and infrastructure
improvements required for safe mobility and utility services.
ALTERNATIVES:
Denial or alteration of the proposed UDC amendments.
OTHER CONSIDERATIONS:
Not applicable
CONFORMITY TO CITY POLICY:
The proposed text amendments conform to City policy and State law.
DEPARTMENTAL CLEARANCES:
Planning Commission and Legal
FINANCIAL IMPACT:
❑ Operating ❑ Revenue ❑ Capital ® 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: None
RECOMMENDATION:
Planning Commission and staff recommend approval of the proposed UDC text
amendments.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ordinance amending the Unified Development Code to provide
Conditional Acceptance requirements by revising section 8.1.11 —
Requirements for Plat Recordation; subsections 8.1.11.A - Traffic
Engineering Department acceptance requirements, 8.1.11.13 — Water
Department acceptance requirements, 8.1.11.0 — Wastewater
Department acceptance requirements, 8.1.11.1) Storm Water
Department acceptance requirements, 8.1.11.E Street Department
acceptance requirements; section 8.1.12 Technical Requirements for
Final Acceptance; subsections 8.1.12.A Traffic Engineering
Department acceptance requirements, 8.1.12.13 Water Department
acceptance requirements, 8.1.12.0 Wastewater Department
acceptance requirements, 8.1.12.1) Storm Water Department
acceptance requirements, and 8.1.12.E Street Department
acceptance requirements.
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding this amendment of the City's Unified
Development Code ("UDC");
WHEREAS, with proper notice to the public, public hearings were held on
Wednesday, April 17, 2014, during a meeting of the Planning Commission, and on
Tuesday, May 13, 2014, 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 to the UDC
would best serve the public's health, necessity, and convenience and the general
welfare of the City and its citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Article 8, Section 8.1.11 of the UDC, entitled "Requirements for Plat
Recordation Prior to Final Acceptance of Infrastructure Improvements Based on
Technical Compliance," is amended by revising to read as follows:
Section 8.1. General Provisions
Page 1 of 9
"8.1.11 Requirements for Plat Recordation Prior to Final Acceptance of
Infrastructure Improvements Based on Technical Compliance
A plat may be recorded prior to completion of all required infrastructure if the
following improvements are completed in accordance with approved
construction plans, specifications and City of Corpus Christi engineering
design standards as determined by the Assistant City Manager:
11
SECTION 2. Article 8, Section 8.1.11, subsection(s) 8.1.11.A, 8.1.11.B, 8.1.11.C,
8.1.11.D, and 8.1.11.E of the UDC are amended by revising the text to read as follows:
Section 8.1. General Provisions
"8.1.11.A. Traffic FRgiReeFiRg DepaFtmon+ Control acceptance requirements.
Page 2 of 9
1. All traffic control devices and signs shall be successfully, installed. per pprejevt
spenifina4iens nnr! appre�ier� si ihr�i�iisinn nnns4n 1n4ien plans innL irlinn•
a. Sign pipe support material, placement, height, and mounting base are
installed.
b. Sign foundations are in place, and at proper elevation.
c. Markers/barricades are in place on dead end streets.
d. Installation of regulatory signs is complete.
8.1.11.6. Water Depar tment system acceptance requirements:
1. All water mains shall be installed in annnrrlanne ,.Ui+h the approved
si ihr�i�iisien nnns4ri 1Gtinn plans nnr! spenifinA4inns
2. Waterline valves shall be installed. The valves shall be operated by
the contractor as required by the City during the hydrostatic test process
and the bacteriological test process.
3. Fire hydrants shall be installed at the proper grade and operational.
4. Hydrostatic testing of waterlines shall have been performed by the
contractor and observed and approved by the VV-ateF DepaFtmeR
designated City of Corpus Christi inspector.
5. New water lines shall have been flushed and bacteriological testing
shall have been successfully completed and approved. by `per
DepaFtmen4
6. All connections to the existing water distribution system shall be
complete and approved by the Water DepaFtmen4
7 " nrlitinnal Ann tanne" droll have heeR issued by he
D ar4m r r ease fn the rJ f eptAto ie
�ep� ,--r �o�,�,�Qe� ens ep�� .
/Re � �� nns of phis
.......w:Th�e requiromr e-IntS ave already
m et 'I 4hrei gh 6 and a Iette.r shei dd net he required fer
panne \/\/e non dill prepare the lefter if rent firer! \
8.1.11.C. Wastewater Depar tment System acceptance requirements
1. Fiberglass manhole materials and installation shall be completed +R
annerrlanne yVi4h the appreyed plans and openifi s for the subdivision
project, including manhole dimensions, manhole location, sealing of wall
penetrations, excavation backfill up to the top of the roadway base, invert
mortar placement, protective coating application, hydrostatic/pressure
testing, and approval of product submittals.
Page 3 of 9
2. Wastewater line materials and installation shall be completed +4
nrrrinnno yVi4h the appFeyed plans and sponifinat0eps fer the s,ihdi�Aisinn
PFGje°t, including completion and approval of vacuum or
hydrostatic/pressure testing, closed-circuit televised inspection and
documentation, backfilling of all trenches, approval of pr�°7e°t rp oduct
submittals.
3. All service connection s shall be successfully completed, including
proper connection, location, and markings. ma+orials and ins+alla+inn shall
in onnnrrlonno �.Uith +ho preyed ploRs and Sponifi s fnwr±cne
si ihrliiicinn prniont inn'urban prnpor nnnnontinn Innatlnn oar! maFkinn
4. Permanent access will be available to wastewater facilities such as lift
stations, etc. ip ar-^^rdanno �'A'ii4h apePedeenstr,in4ir_n plans aa;a
sponifinotinns ^f
5. "Gnnrditinnal /\nn tanno" shall ha\/o hpP-.-� 063+6+11ed by tho \A/as4 nia4
.PpTGRG�..7TlGTrTTQ'vT.�7�..GTrTJOC1 L iGT
Department far rolooso to the deyeleper's designated represeRtatiye.
8.1.11.D. Storm Water Depar+meRt System acceptance requirements:
1. Manhole material and installation shall be completed OP
i4h the apprr � and sponifina4irns frr Oho
including�ni
size, location, sealing of wall penetrations, backfill up to top of roadway
base, and debris removal.
2. Inlet materials and installation shall be completed
Oho pFeyed plans anr! sponifina4ir�ns fr-r Oho si ihr�i�iisinn
r,�a�� ,� including size,
location, sealing of wall penetrations, backfill up to top of roadway base,
and debris removal.
3. Storm water line installation ,maier+a�s and installation shall be
completed �niith the appFeved plaRs and sponifinatinns fe
the suhrliVisinn prniont including completion and approval by either visual
inspection and/or closed-circuit televised inspection and documentation,
backfilling of all trenches, and approval of project submittals.
4. Permanent access will be available to storm water facilities. +R
5. "CA-iR,diyti.G.R.,al /\nneptan��hiall h �e�6�ed by the StGFM Wa ter
DeparmmeRt fA-.r e�eo�s°c-tA- t�hhe deyelepers dp�resigRat ed—repr°csa°ncrt+r'acive-
/Donnrtm. .e' d deletinn of this paragFaph. Paragraphs 1 threugh 4 GGVe
m-rep 0remPPtG. Ne iniesed to have a separate eq� �
8.1.11.E. Street Department Construction acceptance requirements: /
Page 4 of 9
Roadway base materials and installation shall be completed in annnrrlanno Woth
Oho pFey and sponifinatir�ns fr-r the si bdi�iis inn prriont
�,�ap� �p ,��-R,�� including
finished base material elevations, seal coat, compactions requirements and test
reports.
SECTION 3. Article 8, Section 8.1.12 of the UDC, entitled "Technical Requirements for
Final Acceptance of Infrastructure Improvements," is amended by revising to read as
follows:
"8.1 General Provisions
"8.1.12 Technical Requirements for Final Acceptance of Infrastructure
Improvements
The following improvements are required to be completed in accordance with
approved plans, specifications and City of Corpus Christi design standards, as
determined by the Assistant City Manager or designee, of DeVe'GpMeRt SeRgInns in
connection with any plat filed of rerad recorded plat:
SECTION 4. Article 8, Section 8.1.12, subsection(s) 8.1.12.A, 8.1.12.6, 8.1.12.C,
8.1.12.D, and 8.1.12.E of the UDC are amended by revising the text to read as follows:
8.1.12.A. Traffic Engineering Department acceptance requirements:
1. All traffic control devices and signs shall be successfully installed. peg-pFe}est
sponifinatiGRs and appFeyed si 1bdiVisinn nr_nstri intieR plans innL 1dinn•
a. Sign pipe support material, placement, height, and mounting
base are 'n annr_rrlanno with appFeyed plans and sponifinatinns
successfully installed.
b. Sign foundations are in place, and at proper elevation.
c. Markers/barricades are in place on dead end streets.
d Street Department Installation of regulatory signs is complete.
Page 5 of 9
e. Temporary barricades are removed.
f. Street name signs assembly materials and installation are in
are
successfully installed.
8.1.12.6. Water Depar tment System acceptance requirements:
1. All water mains shall be successfully installed. in annnrrlanne WEth the
appreyed nnnstn intinn plans and spenifinatinns
2. Waterline valves shall be installed. The valves shall be operated by the
contractor as required by the City during the hydrostatic test process and the
bacteriological test process.
3. Fire hydrants shall be installed at the proper grade and location, and
breakaway flanges approved.
4. Hydrostatic testing of waterlines shall have been performed by the nontran+nr
_aRld ebser „ed by the 14-Ater Depar+men+ successfully completed.
5. New water lines shall have been flushed and bacteriological testing shall have
been successfully completed. and approved by the Water Deportment
6 All nnnnentinns to the eviGtinn water rlistrih,itinn system shall he nnmpleted
preyed by the VVateF PepaFtm All connections to the existing water
distribution`s'`y"stem shall be successfully completed.
7. All valve boxes shall have been installed to proper grade and operating nuts
shall be visible and accessible.
8. Water service lines shall be at proper grade and properly marked for location.
Q "Gempl Ann tanne00 shall have he issued by the Water Department for
v��r ep��„�r.�er
release to the deVelnper°s designated representative
8.1.12.C. Wastewater Department System acceptance requirements:
1. Fiberglass Manhole materials and installation shall be completed +4
a nnrrlonne �niith the oppreyed plans and spenifinatinns for the S; ihrli�4i1;
pre}est, including manhole dimensions, manhole location, sealing of all wall
penetrations, excavation backfill up to top of roadway base, invert mortar
placement, protective-coating application, hydrostatic testing, and approval of
product submittals. Manhole rings and covers shall be installed to grade,
concrete collar and inflow inhibitor installed, protective coating applied to
concrete collar interiors, and all debris removed.
Page 6 of 9
2. Wastewater line materials and installation shall be completed
�eiith the appFeyed plans and sponifinatieps, f r the si ihdi�iisinn prr�ion4 including
completion and approval of vacuum or hydrostatic/pressure testing, closed circuit
televised inspection and documentation, backfilling of all trenches, and approval
of project submittals.
3. All service connection materials and installation shall be completed +R
a r__nnrrlonno �nii+h +ho oppreyed plans oar! sponifinatinns far+ho s cinn
prrvjeGt, including proper connection, location, and marking.
4. Permanent access will be available to wastewater facilities such as lift
stations, etc. .
5. "1� 4nn tonno" shall h v e hhceR 0.s s w e d by the IAA-AGto�nio�or
DepaFtmon4 fr-r roloaso to 4ho deVelGPeF's deGigRated ropFeGeRtatiio
8.1.12.D. Storm Water Depar+meRt System acceptance requirements:
1. Manhole materials and installation shall be completed in a....nrrlan..o ,e,i+h the
ygpFeP d plans and sponifina4inns far Oho including size, location,
sealing of wall penetrations, backfill up to top of roadway base, and debris
removal.
2. Inlet materials and installation shall be completed in a....nrrlan..o ,e,i+h the
ygpFeP d plans and sponifina4inns far Oho including size, location,
sealing of wall penetrations, backfill up to top of roadway base, and debris
removal.
3. Rings and covers shall be installed to grade on all manholes and inlets, and
concrete collars installed.
4. Storm water line materials and installation shall be completed
�eiith the appFeyed plans and sponifinatieps, f r the si ihdi�iisinn prr�ion4 including
completion and approval by either visual inspection and/or closed-circuit
televised inspection and documentation, backfilling of all trenches, and approval
of project submittals.
5. All curb and gutter materials shall be completed in annnrrlanno ,e,i+h the
preyed plans oad sponifinatinns far +ho prnio ;t-, including
alignment, grade, finish, joints, and testing.
6. Permanent access will be available to storm water facilities.
with appreyed- nnnstn infirm plans
Page 7 of 9
7. All lot grading shall be completed. 0.n anrue-Fdapno ,e,i+h the appFeyed plan6 and
GP6p
onifina+ieps fnr the s6 6hdiyisinn
8 "Gemplete AnnpP+_Anno00 Shall h_A.io hoop 0.666 led by the StGFM Water
Department fr-r roloa6o to +ho d-eVe'Gpor6 deGinnated ropro6on+a+iio
8.1.12.E. Street Department construction acceptance requirements:
1. Roadway materials and installation shall be ^mmplef in annnrrlanno with thrtc
preyed plans and sponifina+inns fnr +ho s6 bdiv, , prn0.on+ including finished
base material elevations, compaction requirements, and test reports.
2. Installation of Hot-Mix asphalt or concrete surface installation and materials
shall be 6n annnrrlanno �Ni+h the appreyed plans and sponifina+inns fnr the
s6 6hGJiVis0.nn prn0.on+ completed, including all required materials testing and
documentation.
3. Sidewalk installation shall be completed.
Page 8 of 9
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:
Rebecca Huerta Nelda Martinez
City Secretary Mayor
Page 9 of 9
US
0
... . .... .
_ AGENDA MEMORANDUM
Action Item for the City Council Meeting of May 13, 2014
xs �
DATE: April 30, 2014
TO: Ronald L. Olson, City Manager
FROM: Barney Knight, Interim City Attorney
BarneyK @cctexas.com
Resolution supporting
the approval of bonds and a project relating to Texas A&M—Corpus Christi
CAPTION:
A Resolution of the City Council of the City of Corpus Christi, Texas authorizing the Mayor to
approve the issuance of New Hope Cultural Education Facilities Finance Corporation Student
Housing Revenue Bonds (CHF – Collegiate Housing Corpus Christi I, L.L.C. – Texas A&M
University–Corpus Christi Project) Series 2014A and to approve the project to be acquired with
the proceeds of such bonds.
PURPOSE:
In order for interest on the Series 2014A Bonds to be exempt from the holder's income,
pursuant to Section 147(f) of the Internal Revenue Code of 1986, the Series 2014A Bonds and
the Project must be approved by the City Council after the publication of Notice of Hearing and
the holding of a hearing.
BACKGROUND AND FINDINGS:
A Notice of Public Hearing was published in the Corpus Christi Caller-Times on April 11, 2014.
A Public Hearing relating to the Notice was held on April 28, 2014. No member of the public
spoke at the meeting. In order for interest on the Series 2014A Bonds to be exempt from
taxation for the holders thereof, approval of the project and the bonds is being sought pursuant
to Section 147(f) of the Internal Revenue Code of 1986.
ALTERNATIVES:
Denial of the Resolution
OTHER CONSIDERATIONS:
N/A
CONFORMITY TO CITY POLICY:
N/A
EMERGENCY/ NON-EMERGENCY:
Non-Emergency.
DEPARTMENTAL CLEARANCES:
Legal
Finance
FINANCIAL IMPACT:
❑ Operating ❑ Revenue ❑ Capital x 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
BALANCE
Fund(s):
RECOMMENDATION:
Staff recommends approval of the resolution
LIST OF SUPPORTING DOCUMENTS:
Resolution
Certification
Letter from University
CITY OF CORPUS CHRISTI,TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,`
TEXAS, AUTHORIZING THE MAYOR TO APPROVE THE ISSUANCE OF NEW
HOPE CULTURAL EDUCATION FACILITIES FINANCE CORPORATION STUDENT
HOUSING REVENUE BONDS.(CHF—COLLEGIATE HOUSING CORPUS CHRISTI I,
L.L.C. TEXAS A&M UNIVERSITY—CORPUS CHRISTI PROJECT) SERIES 2014A
AND TO APPROVE THE PROJECT TO BE ACQUIRED WITH THE PROCEEDS OF
SUCH BONDS
WHEREAS, the New Hope Cultural Education Facilities Finance Corporation (the
"Issuer") was created pursuant to the Cultural Education Facilities Finance Corporation Act,
Article 1528m, Vernon's Revised Civil Statutes, as amended (the "Act% and has the power,
authority and rights to issue revenue bonds for the purpose of aiding any accredited institutions
of higher education, secondary schools, and primary schools, and authorized charter schools in
financing or refinancing educational facilities and housing facilities and facilities that are
incidental, subordinate, or related thereto or appropriate in connection therewith;
WHEREAS, CHF — Collegiate Housing Corpus Christi I, L.L.G., a single member
Alabama limited liability company(the "Borrower"), has requested that the Issuer issue, and the
Issuer proposes to approve the issuance of, its Student Housing Revenue Bonds (CHF —
Collegiate Housing Corpus Christi I, L.L.C. —Texas A&M University—Corpus Christi Project)
Series 2014A (the "Bonds"), pursuant to the Act and pursuant to a Trust Indenture between the
Issuer and Regions Bank, as trustee (the "Indenture"), and to loan the proceeds of the Bonds to
the Borrower, pursuant to a Loan Agreement between the Issuer and the Borrower (the "Loan
Agreement") for the purpose of providing funds to finance the cost of acquisition, development,
financing, construction, finmishing and equipping of an approximately 482-bed student housing
facility including the buildings and related facilities on the property, along with associated site
development and various related amenities and improvements to be located on the campus of
Texas A&M University—Corpus Christi, to fund interest on the Bonds during the period of
construction and up to six months thereafter, to fund a debt service reserve fund for the Bonds,
and to pay the costs-of issuing the Bonds(collectively,the,"Project");
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the
"Code"), requires that the Bonds and the Project be approved by the "applicable elected
representative" of the governmental unit in which the Project is located after a public hearing
following reasonable public notice; and
WHEREAS, the Mayor of the City of Corpus Christi, Texas (the "City") has been
requested to approve, as the applicable elected representative of the City, the issuance of the
Bonds and the Project in accordance with the requirements of the Code, and will be furnished
with an affidavit of publication of notice of such hearing which shall be.. published in a
newspaper of general circulation available to residents within the boundaries of the City and
minutes of the public hearing to be conducted in connection therewith once such hearing has
been held, and
WHEREAS, the City Council desires to hereby authorize the Mayor to approve the
issuance of the Bonds and the Project; and
WHEREAS, the actions of the Issuer with respect to the Project and the Bonds
(including the issuance of the Bonds and the execution and delivery of the Indenture and Loan
Agreement) and the action of the Mayor and the City Council with respect to the matters
described herein will create no liability for the City and the City Council desires to authorize the
Mayor to execute the required approval in connection with the issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI,TEXAS,THAT:
SECTION 1
The Mayor of the City of Corpus Christi, Texas, is hereby authorized to approve the .
issuance of the Bonds and the Project, for the limited purposes stated herein, and to execute and
deliver such approval as requested.
SECTION 2
The authorization to approve the Bonds and the Project is made for the sole purpose of
satisfying the requirements of Section 147(f) of the Code, and for no other purpose and shall not
be construed as a representation, warranty or other undertaking of any kind by the Mayor, the
City or the City Council in respect of the Bonds or the Project. The Bonds shall not constitute
obligations of the City or a pledge of its faith and credit, and the City shall not be obligated to
pay the Bonds or the interest thereon or otherwise incur any liability in respect thereof.
SECTION 3
The Mayor and City Secretary of the City and other officers of the City are hereby
authorized to execute and deliver such instruments, certificates or documents necessary or
advisable to carry out the intent and purpose of this resolution.
SECTION 4
This Resolution.shall take effect immediately upon its passage and shall continue.in force
and effect from the date hereof.
2
PASSED AND APPROVED, this the day of , 2014.
ATTEST:
Rebecca Huerta Nelda Martinez
City Secretary Mayor
Corpus Christi, Texas
of , 2014
The above resolution was passed by the following vote:
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Nelda Martinez
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
EXHIBIT A
CERTIFICATE OF PUBLIC HEARING OFFICER REGARDING PUBLIC HEARING
Re: New Hope Cultural Education Facilities Finance Corporation Student Housing Revenue
Bonds (CHF— Collegiate Housing Corpus Christi I, L.L.C. — Texas A&M University—
Corpus Christi Project) Series 2014,
The undersigned, Kathryn Funk-Baxter, designated Hearing Officer of New Hope
Cultural Education Facilities Finance Corporation (the "Issuer"), the Issuer of the above-
referenced bonds (the "Bonds"), called the Public Hearing of the Issuer held in Room 127 of the
Harte Research Institute, 6300 Ocean Drive, Corpus Christi, Texas 78412, on April 28, 2014 to
order at 1:00 p.m.
I declared that a Public Hearing required under Section 147(f) of the Internal Revenue
Code of 1986 was open for purposes of discussing the Bonds and the projects to be financed,
refinanced or constructed with the proceeds of the Bonds (the "Projects") by CHF — Collegiate
Housing Corpus Christi I, L.L.C., an Alabama limited liability company.
I declared that the required notice of the Public Hearing for the Projects was published in
the Corpus Christi Caller-Times, being a newspaper of general circulation in the City of Corpus
Christi, Texas, as evidenced by an Affidavit of Publication attached hereto as Schedule I.
I proceeded to hold the Public Hearing. No member of the public attended the Public
Hearing and thus no comments were made or discussed about the Projects or the Bonds.
After sufficient time was given for any member of the public to make their comments
with respect to the Bonds and the Projects, I declared the Public Hearing closed at 1:15 p.m.
DATED: April 28, 2014.
KatfirynTiduk-11axter, Hearing Officer
New Hope Cultural Education Facilities
Finance Corporation
KATiiRYN FUNK-BAXTER
TEXAS A&M UNIV06rry EXE(AYTIVINICE PRERDENT FoR HNANCEANr)Ar)mjNv-,-rRXn0N
US63oo OCEAN DRIVE,UMT 5761,
COKPUS Call MSTI,TEXAS 78412-5761
0 361,825,2321 - �F
May 1, 2014
Sent Via Email and U.S. Re Iar Mail
Corpus Christi City Council
c/o City Attorney's Office,
Corpus Christi City Hall
1201 Leopard Street
Corpus Christi, Texas 78401
Re: Consent to Financing by New Hope Cultural Education Facilities Finance
Corporation
Ladies and Gentlemen:
The New Hope Cultural Education Facilities Finance Corporation (the "Issuer")
proposes, on behalf of the Town of New Hope, Texas, to issue its bonds (the "Bondv") pursuant
to the Cultural Education Facilities Finance Corporation Act (the "Act"') to provide funds to
finance and refinance the development of certain student housing facilities located at or adjacent
to 901 Ennis Joslin Road (the "Project"). The facilities will be owned by CHF — Collegiate
Housing Corpus Christi 1, L.L.C. (the "Obligor") and initially managed by American Campus
Communities, Inc. The facilities are being developed for the benefit of Texas AM University-
Corpus Christi.
In order for interest on the Bonds to be exempt from taxation, Section 147(f) of the
Internal Revenue Code of 1986, as amended (the "Code") requires obtaining the approval of the
City of Corpus Christi to the Project and the Bonds after the publication of notice and the
holding of a public hearing. Notice of the hearing was published in the Co)pus Christi Caller-
Times on April 11, 2014 and a public hearing was held at 1:00 p.m. on April 28, 2014. No
members of the public attended the hearing and thus no comments were made.
For your convenience, I have enclosed a proposed form of a resolution, the Certificate of
the Mayor of the City of Corpus Christi, Texas, the Notice of Public Hearing and the Certificate
of Public Hearing Officer Regarding Public Hearing. Such documents provide a more detailed
description of the process and the Project.
The approval is required solely for the purposes of satisfying the Code and to enable the
Issuer to proceed with the proposed financing of the Project with Bond proceeds. This approval
in no way, imposes any payment or other obligations on the City of Corpus Christi in connection
with the financing. The City of Corpus Christi will have no liability with respect to the proposed
Bonds.
Corpus Christi City Council
c/o City Attorney's Office
May 1, 2014
Page 2
Therefore, we respectfully request that consideration of adoption of the enclosed
resolution be placed on the agenda of the City Council at its meeting on May 13, 2014, that the
City Council approve and adopt such resolution and that the Mayor execute the Certificate of the
Mayor of the City of Corpus Christi, Texas. Upon such approval, we would very much
appreciate it if you would return three completed, originally executed and sealed resolutions and
three fully executed Certificates of the Mayor of the City of Corpus Christi, Texas to us in the
self-addressed, stamped envelope that we have enclosed for your convenience.
Please do not hesitate to contact me at (361) 825-2321 should you have any questions or
comments. Thank you very much for your cooperation and assistance.
Sincerely,
Kathryn Funk-Baxter
Executive Vice President
for Finance and Administration
KFB:Ieg
Enclosures
los
0
_ AGENDA MEMORANDUM
Action Item for the City Council Meeting of May 13, 2014
xg 2
DATE: May 8, 2014
TO: Ronald L. Olson, City Manager
FROM: Gustavo Gonzalez, P.E., Assistant City Manager Public Works and Utilities
Barney Knight, Interim City Attorney
Resolution supporting McMullen County's letter of protest to Railroad Commission of
Texas regarding PetroWaste Environmental, L.P. application for Commercial Disposal
Facility in McMullen County and authorizing the City Manager or designee to take steps
necessary to protect the City's water sources in this application process
CAPTION:
Resolution of the City of Corpus Christi, Texas supporting McMullen County's letter of protest to
Railroad Commission of Texas regarding PetroWaste Environmental, L.P. application for
Commercial Disposal Facility in McMullen County.
PURPOSE:
The City of Corpus Christi was recently contacted by McMullen County representatives regarding
proposed commercial landfill to be built in McMullen County, approximately 4 miles north of Tilden.
McMullen County has filed notice of protest with the Railroad Commission of Texas. The purpose of
this agenda item is to approve a resolution in support of McMullen County's letter of protest and
authorize the City Manager to take steps necessary to protect the City's water sources in this
application process.
BACKGROUND AND FINDINGS:
The "Public Notice of Application for a Commercial Disposal Facility" states that the waste to be
accepted for disposal includes: "Water-based drilling fluid and associated cuttings; oil-based drilling
fluids and associated cuttings; tank bottoms from gas plants, crude oil reclamation plants, and crude
oil production/separation facilities; waste material from produced water collecting pits; produced
formation sand; non-injectable waste waters; soil contaminated with produced water, crude oil, or
condensate; solid waste from gas dehydration and sweetening; iron sulfide; spent activated carbon
and other filtering and separation media; and inert waste as defined by Statewide Rule 8 such as
contaminated concrete or wood".
In its letter of protest, McMullen County notes that the PetroWaste Environmental's proposed site for
its disposal facility sits in close proximity to Tilden and certain creeks and tributaries that eventually
drain into the Choke Canyon Reservoir.
Page 1 of 2
If approved, the Resolution will be forwarded to the Railroad Commission of Texas in support of
McMullen County's letter of protest and the City Manager will be authorized to take steps necessary
to protect the City's water sources in the application process.
ALTERNATIVES:
The Council has multiple options:
1) Not approve the Resolution
2) Modify the Resolution to provide direction to staff in this matter
OTHER CONSIDERATIONS:
CONFORMITY TO CITY POLICY:
N/A
EMERGENCY/ NON-EMERGENCY:
This is a non-emergency item.
DEPARTMENTAL CLEARANCES:
City Attorney
FINANCIAL IMPACT:
❑ Operating ❑ Revenue ❑ Capital ® Not applicable
Project to Date
Fiscal Year: 2014- Expenditures Future Year
2015 (CIP only) Current Year FY 14 TOTALS
Line Item Budget
Encumbered /
Expended Amount
This item
BALANCE
RECOMMENDATION:
Staff recommends Council adopt the resolution.
LIST OF SUPPORTING DOCUMENTS:
1. Resolution
2. McMullen County Letter of Protest
Page 2 of 2
RESOLUTION
Resolution of the City of Corpus Christi, Texas supporting protest letter filed by McMullen
County regarding application of PetroWaste Environmental, L.P. to Railroad Commission of
Texas for operation of a Commercial Disposal Facility in McMullen County and authorizing the
City Manager or designee to take steps necessary to protect the City of Corpus Christi's water
sources in this application process
WHEREAS, on March 21, 2014, PetroWaste Environmental, LP (PWE) filed an application with the
Railroad Commission of Texas to operate a Commercial Disposal Facility at the McMullen County
Reclamation& Disposal Facility; and
WHEREAS, the "Public Notice of Application for a Commercial Disposal Facilitystates that the
proposed Commercial Disposal Facility is located on 1500 acres in McMullen County, approximately
four miles north of Tilden, Texas; and
WHEREAS, the "Public Notice of Application for a Commercial Disposal Facility" states that the
waste to be accepted for disposal includes: "Water-based drilling fluid and associated cuttings; oil-based
drilling fluids and associated cuttings; tank bottoms from gas plants, crude oil reclamation plants, and
crude oil production/separation facilities; waste material from produced water collecting pits; produced
formation sand; non-injectable waste waters; soil contaminated with produced water, crude oil, or
condensate; solid waste from gas dehydration and sweetening; iron sulfide; spent activated carbon and
other filtering and separation media; and inert waste as defined by Statewide Rule 8 such as
contaminated concrete or wood"; and
WHEREAS, on April 16, 2014, McMullen County filed letter of protest regarding PWE application
with the Railroad Commission of Texas and requested a public hearing; and
WHEREAS, on April 30, 2014, the City of Corpus Christi, Texas was informed by McMullen County
representatives of PWE's application and McMullen County's letter of protest; and
WHEREAS, in its letter of protest, McMullen County notes that the PWE's proposed site for its
disposal facility sits in close proximity to Tilden and certain creeks and tributaries that eventually drain
into the Choke Canyon Reservoir; and
WHEREAS, the Choke Canyon Reservoir is managed by the City of Corpus Christi and the City of
Corpus Christi holds the water rights associated with Choke Canyon Reservoir;
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the Corpus Christi Texas;
Section 1. That the City of Corpus Christi ("the City") supports the protest letter filed by McMullen
County regarding application of PetroWaste Environmental for a Commercial Disposal Facility. A copy
of the McMullen County protest letter is attached to this Resolution.
Section 2. That the City Manager or designee is authorized to take steps necessary to protect the City's
water sources in this application including the filing of a protest letter with the Railroad Commission of
Texas on behalf of the City of Corpus Christi regarding the PWE application. In addition, the City
Manager or designee is authorized to take steps necessary to participate in the public hearing, including
Page 1 of 2
but not limited to the hiring of experts and/or entering into cost sharing agreements with McMullen
County and other interested governmental entities.
Section 3. That a copy of this Resolution be submitted to the Railroad Commission of Texas.
PASSED AND ADOPTED this day of 2014.
APPROVED this day of May, 2014.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
Rebecca Huerta Nelda Martinez
City Secretary Mayor
Corpus Christi, Texas Corpus Christi, Texas
The above resolution was passed by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
Page 2 of 2
°
6
TILDEN, TEXAS 78072
F'.C7. E3c>x 237
Tilden Tars 78072
April 16, 2014 3E31'-27-4-_-3_-3-41
Via Federal Express and Hand Delivery
Technical Permits Section
Oil and Gas Division
Railroad Commission of Texas
P.O. ox 12967
Austin, Texas 78711
Re: Letter of Protest regarding the March 21, 2014 application of Petro Waste
Environmental, L.P. to operate a commercial disposal facility in McMullen
County, Texas on that certain 1,500 acre tract located approximately four miles
north of Tilden, Texas, and which may also be described as the Second Tract,
M.C.D.R. in Volume 103, Page 295 of the McMullen County real property
records.
To Whom It May Concern:
On behalf of the McMullen County Commissioners Court, I protest the above-referenced
application for operation of a commercial oil and gas waste disposal facility filed by Petro Waste
Environmental, L.P. (66P E"), and request a public hearing,
By its application, P E seeks authorization to dump and dispose of a broad variety of oil
and gas related operational waste' on a 1,500 acre tract of property that is located no more than
four miles north of Tilden, Texas,
McMullen County, Texas ("McMullen County") is a county of the State of Texas, having
been duly created and organized under the Constitution and laws of Texas. Tilden is an
unincorporated community, and there are no incorporated cities in the County. Thus, the
McMullen County Commissioners Court is perhaps the only local governmental body (located
solely within McMullen County) that has regulatory authority over the site proposed by P E,
1 Specifically, PWE's "Public Notice of Application for a Commercial Disposal Facility" states that it seeks to
dispose of the following forms of sail and gas waste: water-based drilling fluid and associated cuttings, oil-based
drilling fluids and associated cuttings, tank bottoms of various kinds, waste materials from produced water
collecting pits,produced formation sand, non-injectable waste waters, soil contaminated with produced water, crude
oil or condensate, solid waste from gas dehydration and sweetening, iron sulfide, spent activated carbon and other
filtering and separation media, and inert waste as defined by Statewide Rule & such as contaminated concrete or
wood.
Protest Letter
April 1 , 2014
Page 2
McMullen County is generally concerned about the public health and safety of its citizens
and desires to ensure that any facility that seeks to dispose of otetially hazardous waste within
the County is carefully evaluated before its permitting is approved. McMullen County also seeks
to ensure that the owners of any such facility take all precautions to avoid risks of environmental
contamination.
McMullen County believes that the construction of E's disposal facility and the
disposal of the above-described oil and s waste at the proposed site will present the following
risks to public safety, the local environment, the local and regional water supply, and to local
bodies of surface water 2:
1. E's proposed site for its disposal facility sits in close proximity to Tilden an
certain creeks and tributaries that eventually drain into the Choke Canyon
Reservoir. The County notes that any runoff contaminated y oil and gas waste
that reaches these creeks or tributaries could also potentially reach the Frio River
Basin, causing damage to local ecology, wildlife, livestock, consumers and
recreational activities.
. There are at least two dry creeks (Cottonwood Creek and Salt Branch Creek) that
traverse P E's proposed site. In an event of heavy rain, runoff from these creeks
could lead directly to the Frio River.
3. E's proposed site sits at an elevation approximately 300' above sea level,
while the Frio River bed elevation sits approximately 220' above sea level. Thus,
the elevation of the proposed site potentially lens itself to runoff to the Frio
River and other local properties.
4. McMullen County has been informed that neighboring counties, including Jim
Wells County, have had significant complaints about similar disposal sites in their
counties.
5. The operation of the disposal facility in close proximity to Tilden could cause
nuisances in the form of noise and odor.
6. The increase is vehicle and truck traffic could present safety hazards on roadways
in c llen County.
The County is a local governmental entity, maintains an interest in promoting health and
safety in the County, and maintains an interest in reveti damage to the local water supply
and environment. Additionally, in the interest of promoting local commerce, tourism and public
enjoyment of local outdoor activities the County maintains a direct economic interest in ensuring
'`Texas Railroad Commission Rule 3.8( )(1) states that"[a] permit to dispose of oil and gas wastes by any method,
including disposal into a pit,may only be issued if the commission determines that the disposal will not result in
the waste of oil, gas, or eot a resources or the pollution of surface or subsurface water." (emphasis
added).
Protest Letter
April 16, 2014
Page 3
that local waterways are not contaminated. As recognized in Texas Railroad Commission Rule
3.8 "[t]he alteration of the physical, thermal, chemical, or biological quality of, or the
contamination of, any surface or subsurface water in the state that renders the water harmful,
detrimental, or injurious to humans, animal life, vegetation, or property, or to public health,
safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful
or reasonable purpose." Therefore, the County is entitled to request a hearing under the Texas
Railroad Commission rules and is an affected person within the meaning of Texas Railroad
Commission Rule 3.8(a)(22) and 3.8(d)(6)(c), and/or under Rule 3.57(c)(4). McMullen therefore
requests that a public hearing be conducted as to this application in order to protect the interests
of the County and its citizens.
The Nueces River Authority maintains oversight over the Frio River and other local
waterways, and is charged with the mission of preserving, protecting and developing water
resources within its jurisdiction. Therefore, the Nueces River Authority is "an appropriate river
authority" as defined in Railroad Commission Rule 3.8 ( )( )(c).3 ive the potential risks of
introduction of commercial waste into the Frio River as described above, McMullen County
would also respectfully suggest that the Railroad Commission require PWE to properly advise
the Nueces River Authority of the nature and location of its proposed disposal site, and offer the
Nueces River Authority an opportunity to comment upon PWE's application.
The McMullen County Commissioners Court also has reason to believe that the owners
of several properties adjacent to PWE's proposed disposal site did not receive notice of PWE's
permit application. Texas Railroad Commission Rule 3.8(d)(6)(c).
McMullen County will continue to evaluate PWE's permit application in order to
determine if the above-noted risks may somehow be addressed or ameliorated if the facility was
proposed at a different location.
Thank you for your attention to this matter. Please feel free to contact me if additional
information is required or if I may be of assistance.
Sincerely,
The Honorable Judge Jam s E. Teal
County Judge, McMullen County, Texas
3 If, in connection with a particular application, the director determines that another class of persons, such as offset
operators, adjacent surface owners, or an appropriate river authority, should receive notice of the application, the
director may require the applicant to mail or deliver notice to members of that class.
US
0
- AGENDA MEMORANDUM
First Reading for the City Council Meeting of May 13, 2014
xg Second Reading for the City Council Meeting of May 20, 2014
DATE: April 23, 2014
TO: Ronald L. Olson, City Manager
FROM: Michael Morris, Director
M ichael Mop_cctexas.com
361-826-3460
Lease Agreement for North Bayfront Park Kiosk
CAPTION:
Ordinance authorizing City Manager or designee to execute a five year term lease agreement
with the Corpus Christi Convention & Visitors Bureau for the North Bayfront Park Kiosk, located
on North Shoreline Blvd, near the intersection with Resaca Street; Lessee agrees to pay the
City $200 on a monthly basis beginning May 1, 2014; terminating a 1998 lease agreement with
the Corpus Christi Business Alliance, a predecessor entity for the Corpus Christi Convention &
Visitors Bureau, for the Tex Mex Railroad Depot located on North Chaparral Street;
appropriating $1,000 of anticipated rental income in the No. 4710 Visitors Facility Fund for the
maintenance of the North Bayfront Park Kiosk; changing the FY2013-2014 Operating Budget
adopted by Ordinance No. 029915 by increasing revenues and appropriations by $1,000 each.
PURPOSE:
Lease the North Bayfront Park Kiosk to the Corpus Christi Convention and Visitor's Bureau
(CCCVB) for office space for its operations. Included in this agenda item would be the
termination of the current CCCVB lease of the Tex Mex Railroad Depot. The lease includes a
rent payment of$200 per month.
BACKGROUND AND FINDINGS:
The North Bayfront Park was completed in early 2010. The park includes a kiosk that has open
space available to rent. The original concept included food preparation/concessions in this
space, however over the past four years several attempts have been made to have a food
operation in the space and none have come to fruition. The CVB plans to hand out visitor
information from this location and also we sell packaged food and beverage items.
ALTERNATIVES:
Do not approve
OTHER CONSIDERATIONS:
Not applicable.
CONFORMITY TO CITY POLICY:
City Council must approve all lease agreements.
EMERGENCY/ NON-EMERGENCY:
Non-emergency.
DEPARTMENTAL CLEARANCES:
Legal, Parks and Recreation
FINANCIAL IMPACT:
X Operating X Revenue ❑ Capital ❑ Not applicable
Project to Date
Fiscal Year: 2013- Expenditures
2014 (CIP only) Current Year Future Years TOTALS
Line Item Budget $ 0.00 $ 0.00 $ 0.00
Encumbered /
Expended Amount
This item $ 1,000.00 $ 11,000.00 $ 12,000.00
BALANCE $ 1,000.00 $ 11,000.00 $ 12,000.00
Fund(s): Visitor's Facility Fund (4710)
Comments:
RECOMMENDATION:
Staff recommends that the Council approve the ordinance.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Lease Agreement
Ordinance authorizing City Manager or designee to execute a five year term lease
agreement with the Corpus Christi Convention & Visitors Bureau for the North
Bayfront Park Kiosk, located on North Shoreline Blvd, near the intersection with
Resaca Street; Lessee agrees to pay the City $200 on a monthly basis beginning
May 1, 2014; terminating a 1998 lease agreement with the Corpus Christi
Business Alliance, a predecessor entity for the Corpus Christi Convention &
Visitors Bureau, for the Tex Mex Railroad Depot located on North Chaparral
Street; appropriating $1,000 of anticipated rental income in the No. 4710 Visitors
Facility Fund for the maintenance of the North Bayfront Park Kiosk; changing the
FY2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing
revenues and appropriations by $1,000 each.
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 a five year term
lease agreement with the Corpus Christi Convention & Visitors Bureau for the North
Bayfront Park Kiosk, located on North Shoreline Blvd, near the intersection with Resaca
Streety; Lessee agrees to pay the City $200 on a monthly basis beginning May 1, 2014.
Section 2. The City Manager or designee is authorized to terminate a 1998 lease
agreement with the Corpus Christi Business Alliance, a predecessor entity for the
Corpus Christi Convention & Visitors Bureau, for the Tex Mex Railroad Depot located
on North Chaparral Street.
Section 3. That the FY2013-2014 Operating Budget adopted by Ordinance No. 029915
is changed to increase revenues and expenditures by $1,000 each.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 20147 by the following votes:
Nelda Martinez David Loeb
Lillian Riojas Mark Scott
Kelley Allen Chad Magill
Priscilla Leal Colleen McIntyre
Rudy Garza, Jr.
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 20147 by the following votes:
Nelda Martinez David Loeb
Lillian Riojas Mark Scott
Kelley Allen Chad Magill
Priscilla Leal Colleen McIntyre
Rudy Garza, Jr.
PASSED AND APPROVED this the day of , 2014.
ATTEST:
Nelda Martinez
Mayor
Rebecca Huerta
City Secretary
1
LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND
CORPUS CHRISTI CONVENTION & VISITORS BUREAU FOR THE NORTH BAYFRONT
PARK KIOSK AND AGREEMENT TO TERMINATE THE TEX MEX RAILROAD DEPOT
LEASE
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This lease agreement ("Lease") is entered into by and between the City of Corpus
Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City
Manager, or his designee ("City Manager"), and the Corpus Christi Convention & Visitors
Bureau.
WHEREAS, the City owns the North Bayfront Park Kiosk located on North Shoreline
Blvd. near the intersection with Resaca Street, Corpus Christi, Nueces County, Texas, together
with all Improvements thereon; ("Premises");
WHEREAS, Lessee has requested the use of the Premises for the purpose of office
space for its operations as the Corpus Christi Convention & Visitors Bureau and conditions and
covenants contained in this Lease; ,
WHEREAS, City desires to allow Lessee to use the Premises for this purpose; and
WHEREAS, in 1998, the City and the Greater Corpus Christi Business Alliance, a
predecessor entity for the Corpus Christi Convention & Visitors Bureau had previously entered
into a twenty-year lease agreement for the Tex Mex Railroad Depot located on North Chaparral
Street, and the parties now desire to terminate said 1998 Lease Agreement.
NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and
covenants contained herein, agree as follows:
Section 'I Definitions.
(A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal
corporation.
(B) City Manager means the City's City Manager or the City Manager's designee.
(C) Council means the City's City Council.
(D) Director means the City's Director of Park and Recreation or the Director of Park and
Recreation's designee.
(E) Finance Director means the City's Director of Finance or the Director of Finance's
designee.
(F) Lease means this lease document, including all attached and incorporated exhibits.
(G) Lessee means Corpus Christi Convention & Visitors Bureau.
(H) Parks means the City's Park and Recreation Department.
(1) Premises means the North Bayfront Park Kiosk building located on North Shoreline
Blvd. near the intersection with Resaca Street, in the City.
(J) Risk Manager means the City's Director of Risk Management or the Director of Risk
Management's designee.
Section 2. Purpose. The purpose of this Lease, between City and Lessee, is to enable Lessee
to utilize Premises as a visitor's center. Lessee shall not operate the Premises for any other
purpose without Director's prior written approval.
Section 3. Term. The City leases the Premises, subject to all terms and conditions of this
Lease, to the Lessee on a five year term beginning May 1, 2014, effective upon final City
Council approval, unless sooner terminated as set out herein.
Section 4. Acceptance of Premises Disclaimer:
A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS"
WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER THE CITY, NOR
ANY EMPLOYEE OR AGENT OF THE CITY, HAS MADE ANY REPRESENTATIONS OR
WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES
ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY
WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES
OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH
IN THIS LEASE.
B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN
PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR
ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO
WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN
INSPECTION.
C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND
IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY,
ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY THE CITY WITH RESPECT
THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY
REPRESENTATION, STATEMENT OR OTHER ASSERTION BY THE CITY WITH RESPECT TO
ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS
EXAMINATION THEREOF.
D. THE PROVISIONS OF THIS Section 4 SHALL SURVIVE THE EXPIRATION OR
EARLIER TERMINATION OF THIS LEASE.
Section 4 Contact Person/Lease Administrator. For this Lease, the City's contact person
and lease administrator is the Director.
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Section S. Lease Payments.
(A) For and in consideration of the rights and privileges herein granted, Lessee agrees to
pay the City, on a monthly basis, TWO HUNDRED dollars ($200.00) per month.
(B) All rental fees are due and payable on or before the 10th day of each month for the term
of this Lease. Payment must be made to the order of the City of Corpus Christi and
mailed to the City Collections Department, P. 4. Box 9277, Corpus Christi, TX 78469, or
delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX 78401.
Section 6. Hours of Operation. Lessee will be open to the public and operate the Premises,
during normal operating hours on a year-round basis. Hours of operation may be adjusted, for
scheduled seasonal activities and other special events scheduled by Parks, with the prior
written approval of the Director.
Section 7. Termination of the 1998 Tex Max Railroad Depot Lease Agreement.
By signatures below, the parties agree to terminate the 1998 Tex Max Railroad Depot Lease
Agreement which was previously authorized by City Council on June 16, 1998, said termination
to be effective on May 1, 2014 or other date mutually agreed upon by letter agreement of City
Manager and CVB Chief Executive Officer.
Section 8. Parking.
(A) Lessee may be provided, with prior approval of the Director, up to four (4) parking
spaces, including one of which shall be a disability-accessible space near the Premises.
The Director shall determine and approve Lessee's method and manner of designation
of the spaces. Lessee shall bear any and all expense associated with designation of the
parking spaces.
(B) Lessee's designated parking spaces are for use by customers of the Premises during
Lessee's hours of operation only. At all other times when Lessee is not open under
normal operating hours, any member of the public can utilize the designated parking
spaces.
(C) Lessee's designated parking spaces are for use by passenger vehicles only and must
not be utilized for commercial purposes, such as loading and unloading of equipment or
supplies, by Lessee or Lessee's vendors or suppliers.
Section 9. Utilities.
(A) It is understood by and between the parties that scheduled, regular garbage collection
service is available to the Premises and that the provision of this service shall be the
responsibility of Parks.
(B) The cost to Lessee, for the provision of garbage collection service by the City, is
included and made a part of Lessee's monthly lease payment.
(C) Lessee shall deposit, or cause to be deposited, all garbage and debris generated at the
Premises into up to three (3) garbage carts provided by City at the Premises.
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(D) The Premises is not currently wired for telephone service nor for internet service;
however, Lessee may contract separately with a service provider of Lessee's choice for
the provision of active telephone and internet service, which service is to be incurred at
Lessee's sole expense.
(E) The Premises is wired for electrical service. Lessee shall bear the cost of all electricity
used at the Premises for the term of this Lease. Additionally, Lessee shall bear the cost
for the use and maintenance of the existing security alarm system in the Premises for
the term of this Lease.
(F) Water and sewage service is available at the Premises, and the cost to Lessee, for the
provision of water and sewage service by the City, is included and made a part of
Lessee's monthly lease payment.
(G) Should Lessee require any modification to the provision of the enumerated utilities in this
section or require any additional utility service not herein covered during the term of this
Lease, Lessee shall submit a request, in writing, to the Director for consideration and
possible amendment of this Lease.
(H) Lessee shall pay for all utilities related to usage of Premises, excluding water and
sewage service as herein provided for, prior to the due date. Failure to pay any utility
bill(s) prior to the due date constitutes grounds for termination of this Lease.
Section 10. Abandonment, Interruption of Utilities, Removal of Lessee's Property, and
Lockout. Chapter 93 of the Texas Property Code governs the rights and obligations of the
parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c)
removal of Lessee's personal property; and (d) lock out of Lessee.
Section 11. Maintenance.
(A) The City will maintain the exterior of the Premises and adjacent park grounds, including
buildings and public parking lots in the vicinity of the Premises, subject to sufficient
annual budget appropriations. The City shall be responsible for major repairs to the
exterior of the Premises, subject to sufficient annual budget appropriations, unless
damage occasioned to the exterior is or was caused by Lessee's negligence. It is
further understood and agreed that the City shall maintain the utility lines serving the
Premises, subject to sufficient annual budget appropriations.
(B) Lessee covenants and agrees to maintain the interior of the Premises during the term of
this Lease, such maintenance to include, but not be limited to, interior painting (in a
neutral color preapproved by the Director) and keeping in good repair the plumbing and
light fixtures.
(C) Lessee shall be responsible for cleaning the Premises and will supply paper goods and
chemicals necessary for cleaning.
(D) During Lessee's normal business hours, City may enter the Premises for any reasonable
purpose, including but not limited to, repairs, maintenance, alterations and showing the
premises to prospective tenants. City may access the Premises at any time for
emergency repairs.
S
(E) In the event that the Premises are destroyed or rendered unusable due to a hurricane,
natural disaster or other reasons not the fault of Lessee and cannot be promptly
repaired, the occupancy by Lessee shall terminate as of such date and the City and
Lessee either shall enter into an agreement to occupy other available space of the City
for such purposes or this Lease shall terminate.
Section 12. Furniture, Fixtures, and Equipment.
(A) It is understood that Lessee will be responsible for furnishing and equipping the
Premises and that the City has no obligation to furnish any equipment or furnishings for
Lessee.
(B) All capital improvements to the Premises, such as installation of plumbing fixtures
remain the property of the City.
(C) The City shall maintain the public restrooms associated with the Premises.
Section 13. City Use and Special Events.
(A) City retains the right to use or cross the Premises with utility lines and easements. City
may exercise these rights without compensation to Lessee for damages to the Premises
from installing, maintaining, repairing, or removing the utility lines and easements. City
must use reasonable judgment in locating the utility lines and easements to minimize
damage to the Premises.
(B) Lessee acknowledges that the North Bayfront Park premises are used for special events
which may occasionally interfere with Lessee's access to the Leased Premises and
parking space availability. Lessee shall not be entitled to any compensation, in whatever
form, either tangible or intangible, for such non-Lessee use.
Section 14. Laws Affecting Operation of Premises and Performance.
(A) Lessee shall ensure that its use of the Premises is in accordance with all applicable
Federal, State, and local laws, ordinances, rules and regulations.
(B) Lessee shall bear the expense and responsibility of meeting all requirements for
acquiring all applicable licenses and permits. Lessee shall also bear the expense of
meeting and complying with all health regulations and Certificate of Occupancy
requirements.
(C) Furthermore, Lessee shall comply with any other Federal, State and local laws,
ordinances, rules and regulations applicable to Lessee's performance under this Lease.
This Lease is also subject to applicable provisions of the City Charter.
Section 15. Inspection. Any officer or authorized employee of the City may enter upon the
Premises, at all reasonable times and without notice, to determine whether Lessee is providing
maintenance in accordance with and as required by above, or for any other purpose incidental
to City's retained rights of and in the Premises.
Section 16. Capital improvements. City may, from time to time, and in City's sole discretion,
undertake capital improvements to the Premises. Prior to commencing any capital
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improvements, City shall notify Lessee, in writing, of the dates in which Lessee shall be required
to vacate the Premises, should the Director deem this necessary. Lessee agrees that the term
of this Lease shall not be prorated for the period in which Lessee is restricted from entering the
Premises for the purposes of constructing capital improvements. Lessee acknowledges and
understands that City shall have no obligation to provide an alternate location for Lessee during
any period that Lessee must vacate the Premises.
Section 17. Relationship of Parties. This Lease establishes a landlord/tenant relationship,
and none other, and this Lease must be construed conclusively in favor of that relationship. In
performing this Lease, both City and Lessee will act in an individual capacity and not as agents,
representatives, employees, employers, partners, joint venturers, or associates of one another.
The employees or agents of either party shall not be, nor be construed to be, the employees or
agents of the other party for any purpose whatsoever.
Section 18. Insurance.
(A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease,
insurance of the type and with the amount of coverage shown on the Attachment,which
is incorporated in this Lease by reference. Lessee shall use an insurance company or
companies acceptable to the Risk Manager. Failure to maintain the insurance during the
term of this Lease, at the limits and requirements shown on Attachment constitutes
grounds for termination of this Lease.
(B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and
operations at the Premises. The Certificate of Insurance must provide that the City will
have thirty (30) days advance written notice of cancellation, intent to not renew, material
change, or termination of any coverage required in this Lease.
(C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the
Risk Manager upon written request by the City Manager.
(D) The Risk Manager shall retain the right to annually review the amount and types of
insurance maintained by Lessee, to require increased coverage limits, if necessary in
the interest of public health, safety, or welfare, and to decrease coverage, if so
warranted. In the event of any necessary increase, Lessee shall receive thirty (30) days
written notice prior to the effective date of the requirement to obtain increased coverage.
( E) In the event alcoholic beverages are to be served or consumed on any Premises
covered by this Lease, the Lessee shall additionally obtain or cause to be obtained
alcoholic beverage liability insurance in the amount of one million dollars
($1,000,000.00) covering the event or time period when alcoholic beverages are to be
served or consumed.
(F) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain
prior clearance, in writing, from the Risk Manager that the proposed addition or alteration
will not necessitate a change or modification in the existing insurance coverage
maintained by Lessee. This clearance is in addition to the prior consent required by
Section 20(a), as contained herein.
(G) The City carries the property and flood insurance on the building. Lessee is responsible
for insuring their own contents.
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Section 19. indemnity. In consideration of allowing Lessee to use the Premises, Lessee
("indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers,
agents, representatives, and employees (collectively, "Indemnitees") from and against
any and all liability, loss, damages, claims, demands, suits, and causes of action of any
nature whatsoever asserted against or recovered from City on account of injury or
damage to person including, without limitation on the foregoing, premises defects,
workers' compensation and death claims, or property loss or damage of any other kind
whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be
caused by, or be in any way connected with, either proximately or remotely, wholly or in
part. (1) Lessee's performance pursuant to this Lease; (2) Lessee's use of the Premises
and any and all activities associated therewith pursuant to this Lease; (3) the violation
by Lessee, its officers, employees, agents, or representatives or by Indemnitees or any of
them, of any law, rule, regulation, ordinance, or government order of any kind pertaining,
directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an
act or omission on the part of Lessee, its officers, employees, agents, or representatives
or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the
injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed
to be caused by the contributing or concurrent negligence of Indemnitees, or any of
them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed
with the fault of any other person or entity and including all expenses of litigation, court
costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection
with the asserted or recovered incident
Lessee covenants and agrees that, if City is made a party to any litigation against Lessee
or in any litigation commenced by any parry, other than Lessee relating to this Lease,
Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at
its own expense, investigate all claims and demands, attend to their settlement or other
disposition, defend City in all actions based thereon with legal counsel satisfactory to
City, and pay all charges of attorneys and all other costs and expenses of any kind
whatsoever arising from any said liability, injury, damage, loss, demand, claim or action.
Section 20. Alterations.
(A) Lessee shall not make any alterations, additions, or improvements to, in, on, or about
said Premises, without the prior written consent of the City Director of Parks and
Recreation. Lessee must also obtain clearance from the Risk Manager as required
above.
(B) The following are specifically prohibited: Lessee shall not nail into the walls of the
Premises; Lessee shall not remove any equipment, fixtures or hardware from the
Premises.
(C) All approved alterations, improvements, and additions made by the Lessee upon said
Premises, although at his own expense, shall, if not removed by Lessee at any
termination or cancellation hereof, become the property of the City in fee simple without
any other action or process of law. Lessee agrees to be contractually and financially
responsible for repairing any and all damage caused by such removal. If items are
installed in such a manner as to become fixtures, such fixtures shall not be removed by
Lessee upon termination and shall become the property of the City.
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Section 21. Signs.
(A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements,
notices, or other lettering ("Signs") at, on, or about the Premises, or any part thereof,
without the Director's prior written approval.
(B) City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does
not remove, repaint, or repair the Signs within ten (10) days of Director's written demand,
City may do or cause the work to be done, and Lessee will pay City's costs within thirty
(30) days of receipt of Director's invoice. If payment is not timely made, the City may
terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may
elect to terminate this Lease after ten (10) days written notice to Lessee.
Section 2 . Sublease and Assignment. Lessee understands and agrees that Lessee shall
not sublease the Premises or any part thereof without obtaining the prior written consent of the
City Manager. Lessee shall not, in whole or in part, assign or transfer directly or indirectly this
Lease unless prior written approval has been obtained from the City Manager.
Section 23. Default.
(A) The following constitute Events of Default under this Lease:
(i) default in the payment of rent or other payments hereunder;
(ii) failure to pay utilities before the due date;
(iii) failure to perform maintenance as required by this Lease;
(iv) abandonment of the Premises;
(v) failure to maintain any insurance coverages required herein;
(vi) failure to timely pay City's invoice for the removal, repainting, or repair of any
Signs at the Premises; and
(vii) failure to keep, perform, and observe any other promises, covenants and
conditions contained in this Lease.
(B) Upon the occurrence of any Event of Default, the City may, at its option, in addition to
any other remedy or right given hereunder or by law:
(i) give notice to Lessee and an opportunity to cure that this Lease terminates upon
the date specified in the notice unless such default is cured, which date will be no
earlier than thirty (30) days after the giving of such notice; or
(ii) immediately or at any time after the occurrence of such Event of Default and
without notice or demand, enter upon the Premises, or any part thereof in the
name of the whole, and, upon the date specified in a notice, if given, or in any
notice pursuant to law, or upon such entry, this Lease terminates.
(C) In the event of a default by the City in the performance of its obligations under this
Lease, Lessee may give thirty (30) days' notice of such default and opportunity to cure,
and this Lease may be terminated in the event of a failure to cure such default within
such time.
Section 24. No debts. Lessee shall not incur any debts or obligations on the credit of the City
during the term of this Lease.
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Section 26. Notice.
(A) All notices, demands, requests or replies provided for or permitted under this Lease by
either party must be in writing and must be delivered by one of the following methods: (l)
by personal delivery, or (ii) by deposit with the United States Postal Service as certified
or registered mail, return receipt requested, postage prepaid.
(B) Notice deposited with the United States Postal Service in the manner described above
will be deemed effective two (2) business days after deposit with the United States
Postal Service.
(C) All these communications must only be made to the following:
IF TO CITY: IF TO LESSEE:
City of Corpus Christi Corpus Christi Convention & Visitors Bureau
Park and Recreation Department Attn: Paulette Kluge
P. O. Box 9277 101 N. Shoreline Blvd., Suite 430
Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 78401
Attn: Director of Park and Recreation
(D) Either party may change the address to which notice is sent by using a method set out
above. Lessee shall notify the City of an address change within ten (10) days after the
address is changed.
Section 27 Nondiscrimination. Lessee covenants and agrees that it shall not discriminate nor
permit discrimination against any person or group of persons, with regard to employment and
the provision of services at, on, or in the Premises, on the grounds of race, religion, national
origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United
States or the State of Texas. The City hereby reserves the right to take such action as the
United States may direct to enforce this covenant.
Section 28. Modifications. No changes or modifications to this Lease may be made, nor any
provisions waived, unless the change or modification is made in writing and signed by persons
authorized to sign agreements on behalf of each party.
Section 29. Waiver.
(A) The failure of either party to complain of any act or omission on the part of the other
party, no matter how long the same may continue, shall not be deemed a waiver by said
party of any of its rights hereunder. No waiver of any covenant or condition or of the
breach of any covenant or condition of this Lease by either parry at any time, express or
implied, shall be taken to constitute a waiver of any subsequent breach of the covenant
or condition nor shall justify or authorize the nonobservance on any other occasion of the
same or any other covenant or condition hereof. If any action by the Lessee requires the
consent or approval of the City on one occasion, any consent or approval given on said
occasion shall not be deemed a consent or approval of the same or any other action at
any other occasion.
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(B) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be
considered an estoppel against the City. It is expressly understood that, if at any time
Lessee is in default in any of its conditions or covenants hereunder, the failure on the
part of the City to promptly avail itself of said rights and remedies which the City may
have shall not be considered a waiver on the part of the City, but City may at any time
avail itself of said rights or remedies or elect to terminate this Lease on account of said
default. Any waiver by the parties of a breach of any covenants, terms, obligations, or
events of default shall not be construed to be a waiver of any subsequent breach, nor
shall the failure to require full compliance with this Lease be construed as changing the
terms of this Lease or estopping the parties from enforcing the terms of this Lease.
Section 30. Force Majeure. No party to this Lease shall be liable for delays or failures in
performance due to any cause beyond their control including, without limitation, any delays or
failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy,
common carrier, severe inclement weather, riots or interference by civil or military authorities.
These delays or failures to perform shall extend the period of performance until these
exigencies have been removed. The Lessee shall inform the City in writing of proof of such
force majeure within three (3) business days or otherwise waive this right as a defense.
Section 31. Surrender. Lessee acknowledges and understands that the lease of the Premises
to Lessee is expressly conditioned on the understanding that the Premises must be
surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a
condition as received, reasonable use and wear, acts of God, fire and flood damage or
destruction where Lessee is without fault, excepted. Any reasonable costs incurred for repairs
or corrections for which Lessee is responsible under this Lease are payable by Lessee to City
as additional rental on the next rental payment date, or within 30 days written demand.
Section 32. Enforcement Costs. In the event any legal action or proceeding is undertaken by
the City to repossess the Premises, collect the lease payment(s) due hereunder, collect for any
damages with regard to this Lease, to the Premises, or to in any way enforce the provisions of
this Lease, Lessee agrees to pay all court costs and expenses and the sum as a court of
competent jurisdiction may adjudge reasonable as attorneys' fees in said action or proceeding,
or in the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor
of the City.
Section 33. Publication Costs. Lessee shall pay for the cost of publishing the Lease
description and related ordinance, if required by the City Charter, in the legal section of the local
newspaper.
Section 34. Interpretation. This Lease will be interpreted according to the Texas laws that
govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease
was entered into and will be performed.
Section 35. Survival of Terms. Termination or expiration of this Lease for any reason shall not
release either party from any liabilities or obligations set forth in this Lease that (a) the parties
have expressly agreed shall survive any such termination or expiration, or (b) remain to be
performed or by their nature would be intended to be applicable following any such termination
or expiration.
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Section 36. Construction of Ambiguities. The parties expressly agree that they have each
independently read and understood this Lease. Any ambiguities in this Lease shall not be
construed against the drafter.
Section 37. Captions. The captions utilized in this Lease are for convenience only and do not
in any way limit or amplify the terms or provisions hereof.
Section 38. Termination. It is Lessee's responsibility to remove its personal property from the
Premises prior to termination or expiration of the Lease. Lessee agrees that any of personal
property remaining on the Premises after the termination or expiration of the Lease
automatically becomes City property without any notice, action, or process of law, for disposition
by the City as City deems appropriate in City Manager sole discretion, with no compensation to
Lessee. Lessee shall be invoiced for City's costs to remove property from the Premises after
termination or expiration of the Lease, and Lessee shall pay said invoice within thirty (30) days
of receipt.
Section 39. Entirety Clause. This Lease and the incorporated and attached exhibits
constitute the entire agreement between the City and Lessee for the purpose granted. All other
agreements, promises, representations, and understandings, oral or otherwise, with reference
to the subject matter hereof, unless contained in this Lease are expressly revoked, as the
parties intend to provide for a complete understanding within the provisions of this Lease and its
exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and
the Premises to be used in the operations.
Section 40. Severability.
(A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word
of this Lease or the application hereof to any person or circumstance is, to any extent,
held illegal, invalid, or unenforceable under present or future law or by a final judgment
of a court of competent jurisdiction, then the remainder of this Lease, or the application
of said term or provision to persons or circumstances other than those as to which it is
held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite
intent of the parties to this Lease that every section, paragraph, subdivision, clause,
provision, phrase or word hereof be given full force and effect for its purpose.
(B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under
present or future law effective during the term of this Lease, then the remainder of this
Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable
clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid and
enforceable, will be added to this Lease automatically.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day
of ., ................. ......................................................................................, 2014,
1
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Ronald L. Olson
City Secretary City Manager
LVSS�
! I ISO RS BUREAU
Name:
ltle:
Date:
I3
EXHIBIT
INSURANCE REQUIREMENTS
I. LESSEE"S.LIABILITY INSURANCE
A. Lessee shall not commence work under this agreement until all insurance required herein has been obtained and
approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work
until all similar insurance required of the subcontractor has been so obtained.
B. Lessee shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable
policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk
Manager or designee. The City must be named as an additional insured for the General Liability policy,and a waiver
of subrogation is required on all applicable policies.
TYPE OF INSURANCE MR41MUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on all certificates or by Bodily injury and Property Damage
policy endomement(s) Per Occurrence/aggregate
$1,000,000 Per Occun-ence
Conirnercial General Liability including:
1. Broad Form
2. Premises—Operations
3. Products/Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Darnage
6. n ependent Contractors
PROPERTY INSURANCE Lessee shall purchase At I-Peril Property Coverage to
provide coverage for Real and Personal Property.
WORKERS' COMPENSATION is Complies With The Texas Workers'Compensation Act
and Paragraph 11 Of This Exhibit.
IEMPLOYER'S LIABILITY $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this project, Lessee shall furnish the Risk Manager with copies of all
reports of such accidents within ten (10)days of the accident.
11. ADDITIONAL RE UIREMENTS
A. Lessee must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers' compensation
obligations incurred will be promptly met.
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B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension
hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies
authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than
A- VII,
C. Lessee shall be required to submit a copy of the replacement certificates of insurance to City at the address
provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from
said changes.All notices under th.is Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi,TX 78469-9277
(361)826-4555- Fax#
D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be
endorsed to contain the following required provisions-
• Name the City and its officers, officials, employees, volunteers, and elected representatives as additional
insured by endorsement, as respects operations and activities of, or on behalf of, the named insured
performed under contract with the City, with the exception of the workers'compensation policy
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City. and
• Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation,
non-renewal or material change in coverage, and not less than ten (10)calendar days advance written notice
for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage. Lessee shall
provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the
option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Lessee's failure t o p rovide and maintain any
insurance or policy endorsements to the extent and within the time herein required, the City shall have the
fight too er Lessee to discontinue salestwork hereunder, until Lessee demonstrates compliance with the
requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held
responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's
perforniance oft work covered under Ns agreement.
H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under
this agreement.
1. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
2014 Parks and Recreation Dept.
Shoreline Blvd.Waterpark Kiosk,CV B Lease Agreement —ins.res.
4/112014 ds Risk Management
US
_ AGENDA MEMORANDUM
First Reading for the City Council Meeting of May 13, 2014
Second Reading for the City Council Meeting of May 20, 2014
DATE: April 17, 2014
TO: Ronald L. Olson, City Manager
FROM: Eddie Houlihan, Assistant Director Office of Management and Budget
eddieho @cctexas.com
(361) 826-3792
Utilities Reorganization and Maintenance Services
CAPTION:
Ordinance changing the FY 2014 budget adopted by Ordinance 029915 to appropriate and
approve a transfer of $268,017 from Storm Water Fund 4300 to and appropriate in Street Fund
1041 and reducing the transfer from Water Fund 4010 to Storm Water Fund 4300 by $59,540
and appropriating $59,540 in the Engineering Fund 5310 to cover costs associated with
transfer of staff due to recent reorganization; to appropriate and approve a transfer of
$1,536,333 from Fleet Maintenance Fund 5110 to and appropriate in the Facilities Maintenance
Fund 5115 for noncash assets and liabilities; and increasing revenues and expenditures by
$177447810.
PURPOSE:
Amend the Fiscal Year 2014 budget to transfer Storm Water Fund revenues into the Street
Fund in order to cover costs associated with movement of staff due to recent reorganization.
BACKGROUND AND FINDINGS:
In December 2013, a reorganization of various departments resulted in the creation of a Public
Works Department and a Public Utilities Department. As a result of this reorganization, several
staff members previously in the Storm Water Fund were transferred to the Street Fund. Storm
Water expenses are covered by a transfer from the Water Fund. This amendment to the budget
will increase expenses in the Street Fund and in the Water Fund to reflect the transfer of the
staff members and will pass the revenue from the Storm Water Fund to the Street Fund in order
to cover the increased expenses. Because the staff members formerly in the Storm Water Fund
are no longer performing that function, it is appropriate to transfer their positions into the Street
Fund and to cover their expenses with a transfer from the Storm Water Fund.
In Fiscal Year 2012-2013 the Maintenance Services Fund was split into two funds: Fleet
Maintenance Services Fund and Facilities Maintenance Fund. Funds were transferred at the
beginning of the fiscal year to facilitate the split. However, the Fiscal Year 2014 external audit
revealed that not enough funds were initially transferred for non-cash assets and liabilities.
Therefore a transfer is necessary to cover the non-cash assets and liabilities.
ALTERNATIVES:
n/a
OTHER CONSIDERATIONS:
n/a
CONFORMITY TO CITY POLICY:
This item conforms to City policy.
EMERGENCY/ NON-EMERGENCY:
n/a
DEPARTMENTAL CLEARANCES:
Department of Financial Services
FINANCIAL IMPACT:
❑x Operating ❑x Revenue ❑ Capital ❑ Not applicable
Project to Date
Fiscal Year: Expenditures Future
2013-2014 (CIP only) Current Year Years TOTALS
Line Item Budget $1,744,810 $1,744,810
Encumbered /
Expended Amount
This item 1 1,744,8101 1 177447810
BALANCE 1 01 1 0
Fund(s): Street Fund 1041, Storm Water 4200, Facilities Maintenance Fund 5115
Comments:
RECOMMENDATION:
Staff recommends approval of the ordinance as presented.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ordinance changing the FY 2014 budget adopted by Ordinance 029915 to appropriate
and approve a transfer of$268,017 from Storm Water Fund 4300 to and appropriate in
Street Fund 1041 and reducing the transfer from Water Fund 4010 to Storm Water
Fund 4300 by $59,540 and appropriating $59,540 in the Engineering Fund 5310 to
cover costs associated with transfer of staff due to recent reorganization; to
appropriate and approve a transfer of $1,536,333 from Fleet Maintenance Fund 5110
to and appropriate in the Facilities Maintenance Fund 5115 for noncash assets and
liabilities; and increasing revenues and expenditures by $1,744,810.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
Section 1. That the FY 2014 budget adopted by Ordinance No. 029915 is changed to
appropriate and approve a transfer of $268,017 from Storm Water Fund 4300 to and
appropriate in Street Fund 1041 and reducing the transfer from Water Fund 4010 to Storm
Water Fund 4300 by $59,540 and appropriating $59,540 in the Engineering Fund 5310 to
cover costs associated with transfer of staff due to recent reorganization.
Section 2. That the FY 2014 budget adopted by Ordinance 029915 is changed to
appropriate and approve a transfer of$1,536,333 from Fleet Maintenance Fund 5110 to and
appropriate in the Facilities Maintenance Fund 5115 for noncash assets and liabilities.
Section 3. That the revenues and expenditures are increased $1,744,810 in the FY 2014
operating budget.
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:
Rebecca Huerta Nelda Martinez
City Secretary Mayor
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting of May 13, 2014
1852 Second Reading for the City Council Meeting of May 20, 2014
DATE: August 30, 2013
TO: Ronald L. Olson, City Manager
FROM: Barney Williams, P.E., Interim Director
BarneyW @cctexas.com
(361) 826-3595
Closing a portion of a 15-foot wide utility easement
out of Lots 5A and 6A, Industrial Technology Park Unit 1
CAPTION:
Ordinance abandoning and vacating a portion of a 15-foot wide utility easement out of Lots 5A
and 6A, Industrial Technology Park Unit 1, and requiring the owner, Agnes Properties, to
comply with the specified conditions.
PURPOSE:
The purpose of this item is to eliminate a utility easement and allow for the future development
of the subject property.
BACKGROUND AND FINDINGS:
Agnes Properties (Owner) is requesting the abandonment and vacation of a 9,489-square foot
portion of a 15-foot wide utility easement out of Lots 5A and 6A, Industrial Technology Park Unit
1, located northeast of Junior Beck Drive and southwest of South Padre Island Drive. The
abandonment and vacation of the utility easement is being requested by the Owner because
they are replatting both lots into one, and the 10-foot utility easement is located in the middle of
the two lots being replatted. Staff recommends that payment of fair market value be waived in
accordance with City Code of Ordinance Sec. 49-12. The Owner will be replatting said property
and upon replatting will be dedicating a new utility easement (40,180 square feet). The
proposed easement will be of equal or greater value to off-set the proposed abandonment and
vacation of the existing 9,489-square foot easement. The Owner must also comply with all the
specified conditions of the abandon and vacate ordinance within 180 days of Council approval.
ALTERNATIVES:
Denial of the utility easement closure. This will, however, adversely impact the Owners' ability to
move forward with future development of the subject property.
OTHER CONSIDERATIONS: Not applicable
CONFORMITY TO CITY POLICY:
These requirements are in compliance with the City Code of Ordinances, Section 49-13.
EMERGENCY/ NON-EMERGENCY:
Non-Emergency
DEPARTMENTAL CLEARANCES:
All public and franchised utilities were contacted. None of the City departments or franchised
utility companies had any facilities within or objections to the proposed easement closure.
FINANCIAL IMPACT:
❑ Operating ❑ Revenue ❑ Capital N 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: None
RECOMMENDATION:
Staff recommends approval of the easement closure. The Owners must comply with all the
following specified conditions of the easement closure ordinance:
a. Owner must dedicate to the City new utility easements of equal or greater value than
the utility easements being released by the City in this easement closure action, in
accordance with the Corpus Christi Code of Ordinances, Section 49-12, within 180
days of City Council approval of this ordinance so that the requirement of paying fair
market value for the properties can be waived.
b. Upon approval by the City Council and issuance of the ordinance, all grants of
easement closure and specified conditions must be recorded at the Owners'
expense in the Official Deed and Map Records of Nueces County, Texas, in which
the affected property is located, with a copy of the recording provided to the City.
c. Prior to the permitting of any construction on the affected property, the Owners must
submit up-to-date surveys, abstracted for all easements and items of record, to the
Director of Development Services, or his designee.
d. Owners must comply with all specified conditions of the ordinance within 180 days of
City Council approval.
LIST OF SUPPORTING DOCUMENTS:
Ordinance with Exhibits
Ordinance abandoning and vacating a portion of a 15-foot wide utility
easement out of Lots 5A and 6A, Industrial Technology Park Unit 1,
and requiring the owner, Agnes Properties, to comply with specified
conditions.
WHEREAS, Agnes Properties ("Owner") has requested the abandonment and
vacation a portion of a 15-foot wide utility easement out of Lots 5A and 6A, Industrial
Technology Park Unit 1;
WHEREAS, with proper notice to the public, a public hearing was held on
Tuesday, May 13, 2014 during a meeting of the City Council, during which all interested
parties and citizens were allowed to appear and be heard; and
WHEREAS, it has been determined that it is feasible and advantageous to the
City of Corpus Christi to abandon and vacate a 9,489-square foot portion of a 15-foot
wide utility easement, subject to compliance by the Owners with the conditions specified
in this ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Pursuant to the request of Agnes Properties ("Owner"), a 9,489-square
foot portion of a 15-foot wide utility easement out of Lots 5A and 6A, Industrial
Technology Park Unit 1, located northeast of Junior Beck Drive and southwest of South
Padre Island Drive, as recorded in Volume 54, Page 161, and Volume 53, Page 187, of
the Official Deed and Map Records of Nueces County, Texas, is abandoned and
vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with
the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and
bounds description of the subject portion, and Exhibit "B," which is a field notes map,
are attached to and incorporated in this ordinance by reference as if each were fully set
out herein in their entireties.
SECTION 2. The abandonment and vacation of the utility easement described in
Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with
the following requirements:
a. Owner must dedicate to the City new utility easements of equal or greater
value than the utility easements being released by the City in this easement
closure action, in accordance with the Corpus Christi Code of Ordinances,
Section 49-12, within 180 days of City Council approval of this ordinance so
that the requirement of paying fair market value for the properties can be
waived.
b. Upon approval by the City Council and issuance of the ordinance, all grants of
easement closure and specified conditions must be recorded at the Owners'
expense in the Official Deed and Map Records of Nueces County, Texas, in
which the affected property is located, with a copy of the recording provided
to the City.
c. Prior to the permitting of any construction on the affected property, the
Owners must submit up-to-date surveys, abstracted for all easements and
items of record, to the Director of Development Services, or his designee.
d. Owners must comply with all specified conditions of the ordinance within 180
days of City Council approval.
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:
Rebecca Huerta Nelda Martinez
City Secretary Mayor
d
AGENDA MEMORANDUM
oaPOwR ko Future Item for the City Council Meeting of May 13, 2014
2852 Action Item for the City Council Meeting of May 20, 2014
DATE: May 13, 2014
TO: Ronald L. Olson, City Manager
FROM: Gabriel Maldonado, Interim Procurement Manager
gabrielm&cctexas.com
(361) 826-3165
Jim Davis, Director of General Services
jimdkcctexas.com
(361)-826-1909
Lawrence Mikolajczyk, Director of Solid Waste Operations
lawm p_cctexas.com
(361) 826-1972
Purchase of CNG Pickup Trucks
CAPTION:
Motion approving the purchase of two (2) CNG pickup trucks from Burns Motors LTD, McAllen,
Texas in accordance with Bid Invitation No. BI-0136-14 based on only bid for a total amount of
$75,600.00. Funding for the purchase of CNG pickup trucks is available in the Capital Outlay
Budget of the Maintenance Service Fund.
PURPOSE:
The trucks will be used by Solid Waste Operations at the landfill and are additions to the fleet.
BACKGROUND AND FINDINGS:
None.
ALTERNATIVES:
None.
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:
Non-emergency.
DEPARTMENTAL CLEARANCES:
General Services, Solid Waste Department
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 $7,805,535.51 $0 $7,805,535.51
Encumbered /
Expended Amount $3,518,414.05 $0 $3,518,414.05
This item 1 $75,600.00 1 $0 $757600.00
BALANCE $472117521.46 $0 1 $472117521.46
Fund(s): Maintenance Service Fund
Comments:
RECOMMENDATION:
Staff recommends approval of the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
CITY OF CORPUS CHRISTI BID TABULATION
PURCHASING DIVISION BID INVITATION NO. BI-0136-14
BUYER - GERALD GOODWIN CNG PICKUP TRUCKS
BURNS MOTORS, LTD
MCALLEN, TX
UNIT TOTAL
ITEM DESCRIPTION QTY I UNIT PRICE PRICE
1.1 Series (PU-3HD), 3/4 Ton, 4WD, 5.7L V-8, Factory-Installed 2 each $37,800.00 $75,600.00
CNG-powered, Crew Cab Pickup, Color—White.
TOTAL: $75,600.00
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AGENDA MEMORANDUM
oaPOwR ko Future Item for the City Council Meeting of May 13, 2014
2852 Action Item for the City Council Meeting of May 20, 2014
DATE: May 13, 2014
TO: Ronald L. Olson, City Manager
FROM: Gabriel Maldonado, Interim Procurement Manager
gabrielm&cctexas.com
(361) 826-3165
Jim Davis, Director of General Services
I i mdp_cctexas.com
(361) 857-1909
Purchase & Lease-Purchase of CNG Vehicles
CAPTION:
Motion approving the purchase of five (5) heavy trucks, twenty-six (26) light trucks, and one (1)
SUV and the lease-purchase of five (5) heavy trucks, and forty-five (45) light trucks for the total
amount of $2,896,263.60, of which $1,077,464.00 is required for the remainder of FY 2013-
2014. The vehicles are awarded to the following companies for the following amounts in
accordance with Bid Invitation No. BI-0117-14 based on lowest responsible bid and on lowest
local bid. Funding for the purchase of vehicles is available in the Capital Outlay Budget of the
Maintenance Service Fund and the Municipal Information System Fund. Financing for the lease-
purchase of vehicles will be provided through the City's lease-purchase financing contractor.
Grapevine DCJ, LLC Silsbee Ford AutoNation Ford
Grapevine, TX Silsbee, TX Corpus Christi, TX
Items 13 & 26 Items 2, 4, & 9 Items 1, 3, 5-8, 10-12, 14-25, 27-31
$45,642.60 $82,572.00 $2,768,049.00
Grand Total: $2,896,263.60
PURPOSE:
These vehicles will be used by the Solid Waste, Utilities, Gas, MIS, Fleet Maintenance, Facility
Maintenance, and Engineering Departments.
BACKGROUND AND FINDINGS:
All vehicles are replacement units with the exception of eleven (11) light trucks that are
additions to the fleet.
ALTERNATIVES:
All vehicles are CNG with the exception of four (4) light trucks that will be used by the Utilities
Department at Choke Canyon and Wesley Seale Dams and the Lake Texana Pipeline where
CNG fuel is not available and three (3) light trucks with 5.0 liter engines and one (1) compact
SUV for which CNG is not available.
OTHER CONSIDERATIONS:
The recommended award is based on Section 26 of the Council Policies of the City of Corpus
Christi Code of Ordinances. The ordinance provides for local preference when a local bidder is
within 5% of a non-local bidder.
Financing for the lease-purchase of vehicles is based on a sixty-month term with an estimated
interest rate of 2.25% for an annual payment of $384,945.60. The total estimated cost over the
five-year period, including principal of $1,818,799.60 and interest of $105,928.14, is
$1,924,728.00. Funding is available through the Gas, General, Engineering, Maintenance
Service, and Facilities Maintenance Services Funds.
CONFORMITY TO CITY POLICY:
This purchase conforms to the City's purchasing policies and procedures and State statutes
regulating procurement.
EMERGENCY/ NON-EMERGENCY:
Non-emergency
DEPARTMENTAL CLEARANCES:
General Services
FINANCIAL IMPACT:
❑ Operating ❑ Revenue x Capital ❑ Not applicable
Current Year
FISCAL YEAR: 2013-2014 Purchase Lease Purchase Future Years TOTALS
Budget Purchase 7,8391035.51 7,839,035.51
Lease Purchase 11,590,240.24 1,924,728.00 13,514,968.24
Encumbered/Expended Purchase (3,518,414.05) (3,518,414.05)
amount as of 6/6/13 Lease Purchase (6,649,861.93) (6,649,861.93)
This Item Purchase (1,077,464.00) (1,077,464.00)
Lease Purchase 0.00 (1,924,728.00) (1,924,728.00)
Purchase 3,2431157.46 3,243,157.46
BALANCE
Lease Purchase 4,940,378.31 4,940,378.31
Fund(s): Gas, General, Engineering, Maintenance Service, Facilities Maintenance Services &
Municipal Information System.
Comments: Funding for the purchase of vehicles, in the amount of $1,077,464.00, is available
in the Capital Outlay Budget of the Maintenance Service Fund and Municipal Information
System Fund for FY 2013-2014. Funding for the lease-purchase of vehicles is requested in the
FY 2014-2015 budget. The vehicles will be delivered and paid for in FY 2014 -2015; therefore,
no funds are required in this fiscal year.
RECOMMENDATION:
Staff recommends approval of the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation.
CITY OF CORPUS CHRISTI BID TABULATION
PURCHASING DIVISION BID INVITATION NO. BI-0117-14
BUYER: GERALD GOODWIN CNG VEHICLES
Grapevine DCJ,LLC Autonation Ford Silsbee Ford PERCENT
Grapevine,TX Corpus Christi,TX Silsbee,TX LOCAL BID
UNIT TOTAL UNIT TOTAL UNIT TOTAL IS ABOVE
ITEM DESCRIPTION JQTY.I UNIT PRICE PRICE PRICE PRICE PRICE PRICE LOW BID
1 PU-2,1/2 Ton Extended Cab Pickup,6.5'Bed, 8 each NO BID NO BID $29,680 $237,440 $28,535 $228,280 4 O i'7
3.7 Liter V-6 Engine w/CNG Prep Package
(68G),Factory Installed Bi-Fuel Westport Wing
CNG System(18.4 GGE),Towing Package with
2"Ball Hitch,Spray-in Bedliner,Cab Guard
Coated with Bedliner,6-Way Elect.Conn.,
Electric Brake Controller,2-High Intensity LED
Strobe Lights Mounted on Cab Guard.LEASE
PURCHASE-SOLID WASTE OPERATIONS
2 PU-2,1/2 Ton Crew Cab Pickup,6.5'Bed,5.0 1 each NO BID NO BID $36,265 $36,265 $26,995 $26,995 34.34'%
Liter V-8 Engine,Towing Package with 2"Ball
Hitch,Spray-in Bedliner,Liftgate,Cab Guard
Coated with Bedliner,6-Way Elect.Conn.,
Electric Brake Controller,2-Strobe Lights
Mounted on Cab Guard.(No CNG-CNG is not
available on 5.0 liter engine.)LEASE
PURCHASE-SOLID WASTE OPERATIONS
3 PU-3HD,3/4 Ton Standard Cab Pickup,8.0' 1 each NO BID NO BID $30,485 $30,485 NO BID NO BID
Bed,6.2 Liter V-8 Engine w/CNG Prep Package
(98F),Factory Installed Bi-Fuel Westport Wing
CNG System(18.4 GGE),H.D.Towing
Package,w/Hitch Bar and 2-5/16"Ball Hitch,
Spray-in Bedliner,Cab Guard Coated with
Bedliner,6-Way Elect.Conn.,Electric Brake
Controller,Tool Box Behind Cab,24"Light Bar
Mounted on Cab Guard.LEASE PURCHASE-
SOLID WASTE OPERATIONS
4 PU-3HD,3/4 Ton Extended Cab Pickup,6.5' 1 each NO BID NO BID $33,680 $33,680 $31,323 $31,323 7 52c%
Bed,6.2 Liter V-8 Engine w/CNG Prep Package
(98F),Factory Installed Bi-Fuel Westport Wing
CNG System(18.4 GGE),H.D.Towing
Package,w/Hitch Bar and 2-5/16"Ball Hitch,
Spray-in Bedliner,Cab Guard Coated with
Bedliner,6-Way Elect.Conn.,Liftgate,Electric
Brake Controller,24"Light Bar Mounted on Cab
Guard.LEASE PURCHASE-SOLID WASTE
OPERATIONS
5 PU-3HD,3/4 Ton,4x4,Standard Cab Pickup, 1 each NO BID NO BID $33,785.00 $33,785 NO BID NO BID
8.0'Bed,6.2 Liter V-8 Engine w/CNG Prep
Package(98F),Factory Installed Bi-Fuel
Westport Wing CNG System(18.4 GGE),H.D.
Towing Package,w/Hitch Bar and 2-5/16"Ball
Hitch,Spray-in Bedliner,Cab Guard Coated with
Bedliner,6-Way Elect.Conn.,Electric Brake
Controller,110 Gal Diesel Fuel Tank with Tool
Box,24"Light Bar Mounted on Cab Guard.
LEASE PURCHASE-SOLID WASTE
OPERATIONS
6 PU-3HD,3/4 Ton,Extended Cab Pickup,8.0' 1 each NO BID NO BID $31,895 $31,895 NO BID NO BID
Bed,6.2 Liter V-8 Engine w/CNG Prep Package
(98F),Factory Installed Bi-Fuel Westport Wing
CNG System(18.4 GGE),H.D.Towing
Package,w/Hitch Bar and 2"Ball Hitch,Spray-
in Bedliner,Cab Guard Coated with Bedliner,6-
Way Elect.Conn.,Electric Brake Controller, 2-
Strobe Lights Mounted on Cab Guard.LEASE
PURCHASE-SOLID WASTE OPERATIONS
7 Series(HT-1)12,500 lbs.GVWR,Standard Cab 1 each NO BID NO BID $63,095 $63,095 NO BID NO BID
and Chassis,84 inch Cab-to-Axle,6.2 Liter V-8
Engine w/CNG Prep Package(98F),Factory
Approved Bi-Fuel Westport CNG Tank Pack
System,Two Tanks(42.0 GGE),with HD Crane
Service Body(RKI),Electric Crane,Dual Rear
Wheel,Auto.Trans.(PTO Ready),Spray-in Bed
Liner including top of body,Cab Guard Coated
with Bedliner on front of Service Body, H.D.
Towing Package,w/Hitch Bar and 2-5/16"Ball
Hitch,6-Way Electrical Conn.,Electric Brake
Controller,2-High Intensity LED Strobe lights
mounted on Cab Guard.LEASE PURCHASE-
SOLID WASTE OPERATIONS
8 PU-2,1/2 Ton,Standard Cab,Long(8.0')Bed 11 each NO BID NO BID $27,295 $300,245 $27,294 $300,234 0,004'7,
Pickup,3.7 Liter V-6 Engine w/CNG Prep
Package(68G),Factory Installed Bi-Fuel
Westport Wing CNG System(18.4 GGE),Spray-
in Bedliner,Tool Box(Black).PURCHASE-
UTILITIES DEPT.
9 PU-2,1/2 Ton,4x4,Extended Cab,Short(6.5') 1 each NO BID NO BID $26,465 $26,465 $24,254 $24,254 9 112'%
Bed Pickup,5.0 Liter V-8 Engine,w/Spray-in
Bedliner,Tool Box(Black),Cab Guard Coated
with Bedliner,High Intensity LED Strobe Lights,
Grille Guard(Black),Nerf Bars(Black),
Electronic Shift on the Fly for 4-Wheel Drive,
Automatic Transmission,Limited Slip Rear Axle-
(3.55 Ratio),Cruise Control,Front Tow Hooks,
Skid Plates,Towing Pkg.w/Hitch Bar and
Combination Pintle and 2"Ball Hitch,6-Way
ElectricalConn.,Electric Brake Controller,Tires-
Minimum LT265/70/17 All Terrain.(No CNG-
this vehicle operates at the Wesley Seale
Dam and will not have access to CNG Fuel.)
PURCHASE-UTILITIES DEPT.
10 PU-3HD,3/4 Ton,4x4,Crew Cab,XLT Trim, 1 each NO BID NO BID $32,995 $32,995 $32,500 $32,500 I ';?'7.;
Long(8.0')Bed Pickup,6.2 Liter Engine,
w/Spray-in Bed Liner,Cab Guard Coated with
BedLiner,Tool Boxes(2-Weather Guard Model
174-5-01,Color-Black or Approved Equal)(1-
Weather Guard Model 117-5-01,Color-Black or
Approved Equal). All Tool Boxes Keyed alike.
Front Brush Guard(Ranch Hand or Approved
Equal),Running Boards,Heavy Duty Towing
Pkg.w/Hitch Bar and 2"Ball,6-Way Elect.
Conn.,Elect.Brake Cont, Heavy Duty 6-Speed
Auto.Trans.,FX4 Off Road Package,Cruise
Control,Power Locks-Windows-Mirrors,
40/20/40 Cloth FrontSeats,AM/FM/CD Radio,
Electric shift on the Fly for 4 wheel drive,Skid
Plates,Electronic Locking Rear Axle-(3.73
Ratio).(No CNG-this vehicle is for
maintenance on Lake Texana Pipeline and
will not have access to CNG fuel.)
PURCHASE-UTILITIES DEPT.
11 PU-2HD,1/2 Ton,Extended Cab,Short(6.5') 2 each NO BID NO BID $21,250 $42,500 $20,503 $41,006 3,6 817i;
Bed Pickup,5.0 Liter V-8 Engine,Heavy
DutyTowing Package w/Hitch Bar and 2"Ball,
Spray-in Bedliner,Cab Guard Coated with
Bedliner,6-Way Elect.Conn.,Electric Brake
Controller,Cruise Control,LT245/75R17E BSW
A/T Tires. (No CNG-this vehicle is for
maintenance at Choke Canyon Dam and will
not have access to CNG fuel.)PURCHASE-
UTILITIES DEPT.
12 SUV-1,Compact Sport Utility Vehicle. Ford 1 each NO BID NO BID $19,975 $19,975 $19,367.51 $19,367.51 i' 1'4'Y'
Escape or Equal.(No CNG-CNG is not
currently available on this type of vehicle.)
PURCHASE-UTILITIES DEPT.
13 PU-2,1/2 Ton,4x4,Crew Cab,6.5'Bed Pickup, 1 each $23,350 $23,350 $27,075 $27,075 $26,122 $26,122 1I;a.95'Y"
5.0 Liter V-8 Engine,Heavy DutyTowing
Package w/Combination Pintle and 2"Ball,
Spray-in Bedliner,6-Way Elect.Conn.,Electric
Brake Controller.(No CNG-CNG is not
available on 5.0 liter engine.)PURCHASE-
UTILITIES DEPT.
14 PU-3HD,3/4 Ton Standard Cab Pickup,Delete 3 each NO BID NO BID $46,075 $138,225 NO BID NO BID
Bed,Low Profile Service Body(RKI),6.2 Liter V-
8 Engine w/CNG Prep Package(98F),Factory
Installed Westport Wing CNG System(18.4
GGE),Liftgate(Tommylift with Toggle Switch
Controls),Spray-in Bed Liner to include top of
Service Body,Cab Guard Coated with Bedliner,
H.D.Towing Package,w/Hitch Bar and
Combination Pintle Hitch and 2"Ball,6-Way
Electrical Conn.,Electric Brake Controller,
Strobe Lights on Cab Guard,Strobe Lights Front
and Rear,4"Vise mounted on Step Bumper.
PURCHASE-UTILITIES DEPT.
15 PU-2,1/2 Ton Extended Cab Pickup,6.5'Bed, 3 each NO BID NO BID $28,785 $86,355 $28,091 $84,273 ',47'7,
3.7 Liter V-6 Engine w/CNG Prep Package
(68G),Factory Installed Bi-Fuel Westport Wing
CNG System(18.4 GGE),Towing Package,w/
Hitch Bar and Combination Pintle Hitch and 1
7/8"Ball,Spray-in Bedliner,6-Way Elect.Conn.,
Electric Brake Controller.PURCHASE-
UTILITIES DEPT.
16 PU-2,1/2 Ton Extended Cab Pickup,6.5'Bed, 2 each NO BID NO BID $29,325 $58,650 $28,485.08 $56,970.16 95'7,
3.7 Liter V-6 Engine w/CNG Prep Package
(68G),Factory Installed Bi-Fuel Westport Wing
CNG System(18.4 GGE),Towing Package,w/
Hitch Bar and Combination Pintle Hitch and 1
7/8"Ball,Spray-in Bedliner,Cab Guard Coated
with Bedliner,6-Way Elect.Conn.,Electric Brake
Controller.PURCHASE-UTILITIES DEPT.
17 Series(HT-1.5)16,000 lbs.GVWR,Crew Cab 1 each NO BID NO BID $57,195 $57,195 NO BID NO BID
and Chassis,84 inch Cab-to-Axle,6.8 Liter V-10
Engine w/CNG Prep Package(98G),Factory
Installed Bi-Fuel Westport CNG System with
Tank Pack System,Two Tanks(42.0 GGE),
Mounted between Cab and Flatbed Body,Dual
Rear Wheel,Auto.Trans.,Tool Boxes on both
sides,Pintle Hitch,6-Way Electrical Conn.,
Electric Brake Controller.PURCHASE-
UTILITIES DEPT.
18 Series(HT-1.5)16,000 lbs.GVWR,Crew Cab 1 each NO BID NO BID $57,490 $57,490 NO BID NO BID
and Chassis,84 inch Cab-to-Axle,6.8 Liter V-10
Engine w/CNG Prep Package(98G),Factory
Installed Bi-Fuel Westport CNG System with
Tank Pack System,Two Tanks(42.0 GGE),
Mounted between Cab and Dump Body,Dual
Rear Wheel,Auto.Trans.,Tool Boxes on both
sides,Pintle Hitch,6-Way Electrical Conn.,
Electric Brake Controller.PURCHASE-
UTILITIES DEPT.
19 Series(HT-1.5)16,000 lbs.GVWR,Crew Cab 2 each NO BID NO BID $69,715 $139,430 NO BID NO BID
and Chassis,84 inch Cab-to-Axle,6.8 Liter V-10
Engine w/CNG Prep Package(98G),Factory
Installed Bi-Fuel Westport CNG System with
Tank Pack System,Two Tanks(42.0 GGE),
Mounted Between Cab and Dutec Caged
Flatbed Dump Body,Dual Rear Wheel,Auto.
Trans.,2-Position Pintle Hitch,6-Way Electrical
Conn.,Electric Brake Controller.PURCHASE-
UTILITIES DEPT.
20 PU-2,1/2 Ton,Standard Cab,Long(8.0')Bed 2 each NO BID NO BID $28,175 $56,350 $27,146.08 $54,292.16 3,'79'Y'
Pickup,3.7 Liter V-6 Engine w/CNG Prep
Package(68G),Factory Installed Bi-Fuel
Westport Wing CNG System(18.4 GGE),Spray-
in Bedliner,Cab Guard Coated with Bedliner,
Tool Box(Black),2-Strobe Lights on Cab Guard.
PURCHASE-UTILITIES DEPT.
21 Series(HT-1.5)16,000 lbs.GVWR,Crew Cab 1 each NO BID NO BID $58,175 $58,175 NO BID NO BID
and Chassis,84 inch Cab-to-Axle,6.8 Liter V-10
Engine w/CNG Prep Package(98G),Factory
Installed Bi-Fuel Westport CNG System and
Tank Pack System,Two Tanks(42.0 GGE),
Mounted Between Cab and HD Service Body,
Dual Rear Wheel,Auto.Trans.,Spray-in Bed
Liner including top of body,Cab Guard Coated
with Bedliner,High Intensity LED Strobe lights,
Led Directional Light Bar mounted on Cab
Guard,H.D.Towing Package,w/Hitch Bar and
Pintlel Hitch,6-Way Electrical Conn.,Electric
Brake Controller.PURCHASE-UTILITIES
DEPT.
22 PU-2,1/2 Ton Extended Cab Pickup,Short(65) 10 each NO BID NO BID $29,175 $291,750 $28,504.08 $285,040.80 ','3 'Y,
Bed,3.7 Liter V-6 Engine w/CNG Prep Package
(68G),Factory Installed Bi-Fuel Westport Wing
CNG System(18.4 GGE),Towing Package w/
Hitch Bar and Combination Pintle Hitch and 2"
Ball,Strobe Lights Front and Rear,Spray-in
Bedliner,6-Way Elect.Conn.,Electric Brake
Controller.LEASE PURCHASE-GAS DEPT.
23 Series(HT-1.5)16,000 lbs.GVWR Crew Cab 3 each NO BID NO BID $67,245 $201,735 NO BID NO BID
and Chassis,84 inch cab-to-axle,6.8 Liter V-10
Engine w/CNG Prep Package(98F),Factory
Installed Bi-Fuel Westport CNG System and
Tank Pack System,Two Tanks(42.0 GGE),
Mounted Between Cab and Service Body with
Canopy Top,Dual rear Wheels,Auto Trans.
(PTO Ready),Spray-in Bed Liner,High Intensity
LED Strobe Lights mounted front and rear close
to roof of Canopy Top,14"rear Step Bumper.
LEASE PURCHASE-GAS DEPT.
24 PU-3HD,3/4 Ton Extended Cab Pickup,Delete 10 each NO BID NO BID $43,650 $436,500 NO BID NO BID
Bed,Low Profile Service Body(RKI),6.2 Liter V-
8 Engine w/CNG Prep Package(98F),Factory
Installed Westport Wing CNG System(18.4
GGE),Spray-in Bed Liner,H.D.Towing
Package,w/Hitch Bar and Combination Pintle
Hitch and 2"Ball,Cab Guard Coated with Bed
Liner,6-Way Electrical Conn.,Electric Brake
Controller,Strobe Lights Front and Rear.LEASE
PURCHASE-GAS DEPT.
25 PU-3HD,3/4 Ton,Extended Cab Pickup,8.0' 1 each NO BID NO BID $31,645 $31,645 $31,152.62 $31,152.62 1 58'7,
Bed,6.2 Liter V-8 Engine w/CNG Prep Package
(98F),Factory Installed Bi-Fuel Westport Wing
CNG System(18.4 GGE),H.D.Towing
Package,w/Hitch Bar and 2"Ball Hitch,Spray-
in Bedliner,Cab Guard Coated with Bedliner,6-
Way Elect.Conn.,Electric Brake Controller,
Strobe Lights Front and Rear.LEASE
PURCHASE-GAS DEPT.
26 PU-2,1/2 Ton,4x4,Extended Cab,Short(65) 1 each $22,292.60 $22,292.60 $23,625 $23,625 NO BID NO BID ;a.98'/,
Bed Pickup,5.0 Liter V-8 Engine,w/Spray-in
Bedliner,Tool Box-Black.(No CNG-CNG is
not available on 1/2 ton 4x4.)LEASE
PURCHASE-ENGINEERING DEPT.
27 PU-2,1/2 Ton Extended Cab Pickup,6.5'Bed, 7 each NO BID NO BID $28,945 $202,615 $28,124.08 $196,868.56 2,92 7.;
3.7 Liter V-6 Engine w/CNG Prep Package
(68G),Factory Installed Bi-Fuel Westport Wing
CNG System(18.4 GGE),w/Spray-in Bedliner,
Tool Box(Black).LEASE PURCHASE-
ENGINEERING DEPT.
28 PU-2,1/2 Ton Extended Cab Pickup,6.5'Bed, 1 each NO BID NO BID $28,350.00 $28,350 $27,619 $27,619 65'7,,
3.7 Liter V-6 Engine w/CNG Prep Package
(68G),Factory Installed Bi-Fuel Westport Wing
CNG System(18.4 GGE),w/Spray-in Bedliner.
PURCHASE-MIS
29 Series(HT-1.5)16,000 lbs.GVWR,Standard 1 each NO BID NO BID $77,840.00 $77,840 NO BID NO BID
Cab and Chassis,108 inch cab-to-axle, 6.8 Liter
V-10 Engine w/CNG Prep Package(98G),
Factory Installed Bi-Fuel Westport CNG Tank
Pack System,Two Tanks(42.0 GGE)with
Crane Service Body,Dual Rear Wheels,Auto
Trans.(PTO Ready),12"rear Step Bumper,
Liftgate(Tommylift with Toggle Switch Controls),
H.D.Gas Powered Air Compressor Mounted in
Front of Service Body Bed,Electric Crane,Spray
in Bed Liner to include top of Service Body,Cab
Guard Coated with Bedliner,Pintle Hitch,6-Way
Electrical Conn.,Electric Brake Controller,
Strobe Lights on Cab Guard,Strobe Lights Front
and Rear,4"Vise mounted on Step Bumper.
LEASE PURCHASE-FLEET MAINTENANCE
30 PU-2,1/2 Ton Extended Cab Pickup,8.0'Bed, 1 each NO BID NO BID $23,645.00 $23,645 NO BID NO BID
3.7 Liter V-6 Engine w/CNG Prep Package
(68G),Factory Installed Bi-Fuel Westport Wing
CNG System(18.4 GGE),Liftgate(Tommylift
with Toggle Switch Controls), Towing Package
w/Hitch Bar and Combination Pintle Hitch and 2"
Ball,Spray-in Bedliner,Cab Guard Coated with
Bedliner,6-Way Elect.Conn.,Electric Brake
Controller,2-High Intensity LED Strobe Lights
Mounted on Cab Guard.LEASE PURCHASE-
FACILITY MAINTENANCE
31 PU-2,1/2 Ton Extended Cab Pickup,8.0'Bed, 1 each NO BID NO BID $29,684.00 $29,684 NO BID NO BID
3.7 Liter V-6 Engine w/CNG Prep Package
(68G),Factory Installed Bi-Fuel Westport Wing
CNG System(18.4 GGE), Towing Package w/
Hitch Bar and Combination Pintle Hitch and 2"
Ball,Spray-in Bedliner,Cab Guard Coated with
Bedliner,6-Way Elect.Conn.,Electric Brake
Controller,2-High Intensity LED Strobe Lights
Mounted on Cab Guard.LEASE PURCHASE-
FACILITY MAINTENANCE
Total Award: $45,642.60 $2.768.049.00 $82,572.00
Grand Total: $2.896.263.60
NOTE:Grapevine DCJ,LLC provided alternate non-CNG pricing for items 17,29,&30.Silsbee Ford provided alternate non-CNG pricing for item 3.
d
AGENDA MEMORANDUM
oaPOwR ko Future Item for the City Council Meeting of May 13, 2014
2852 Action Item for the City Council Meeting of May 20, 2014
DATE: May 13, 2014
TO: Ronald L. Olson, City Manager
FROM: Gabriel Maldonado, Interim Procurement Manager
gabrielm&cctexas.com
(361) 826-3165
Lawrence Mikolajczyk, Director of Solid Waste Operations
lawm(a_cctexas.com
(361) 826-1972
Lease-Purchase of Freightliner Trucks and Peterson Lightning Loader Bodies
CAPTION:
Motion approving the lease-purchase of four (4) Freightliner trucks from Houston, Freightliner,
Inc., Houston, Texas and four (4) Peterson lightning loader bodies from Texan Waste
Equipment, Inc., Houston, Texas for a total amount of $520,120. The award is based on the
cooperative purchasing agreements with the Houston-Galveston Area Council of Governments
(HGAC) and the Texas Local Government Purchasing Cooperative (TLGPC). Funding is
available from the City's lease-purchase financing contractor.
PURPOSE:
To be used by Solid Waste Operations for brush collection throughout the City.
BACKGROUND AND FINDINGS:
The units will be replacements to the fleet.
ALTERNATIVES:
The expected service life of this vehicle is 10 years. The financial analysis table below contains
the projected 10-year life-cycle cost of each of the indicated engine types. The diesel engine
proves to be the most cost-effective option, costing $17,289.35 less per unit over the average
vehicle's 10-year life.
Meets Does Not
Standards Standard Meet Comments
Standard
(1) Reliability X
OEM CNG available?
(2) Specifications
(CNG vehicle meets X
functional/mission
capability requirements?)
(3) Emissions CNG produces approx. 20% less carbon dioxide output. Other emissions
are the same as diesel.
(4)Exclusions None
Financial Analysis
Purchase Fuel Cost Projected Total
Type of Interest Cost (CNG: $1.00/dieselgal.- Projected
Price if lease-purchased. equivalent Maintenance Cost Life-Cycle
Engine (Over five years.) Diesel:$3.00/gal.) (Average Vehicle Life at City is Llf
10yrs.) Cost
CNG $214,686.00 $12,107.66 $31,640.00 $101,906.00 $3610,,339.66
Diesel $130,030.00 $7,333.31 $94,920.00 $110,767.00 $343,050.31
Difference per Unit in Favor of Diesel $17,289.35
Total Difference for Four Units in Favor of Diesel $69,157.40
OTHER CONSIDERATIONS:
Financing for the lease-purchase of the Freightliner trucks and Peterson lightning loader bodies
is based on a sixty-month term with an estimated interest rate of 2.18% for an annual payment
of $109,890.65. The total estimated cost over the five-year period, including principal of
$520,120.00 and interest of$29,333.24, is $549,453.24.
CONFORMITY TO CITY POLICY:
This purchase conforms to the City's purchasing policies and procedures and State statutes
regulating procurement.
EMERGENCY/ NON-EMERGENCY:
Non-emergency.
DEPARTMENTAL CLEARANCES:
Solid Waste Operations.
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 $435,201.50 $521,980.57 $957,182.07
Encumbered /
Expended Amount $185,553.42 $0 $185,553.42
This item $27,472.67 $521 980.57 $549,453.24
BALANCE $222175.41 $0 $222175.41
Fund(s): General Fund
Comments: The $27,472.67 financial impact shown above represents three (3) months of
payments that will be encumbered through the end of this fiscal year. The remaining
$521,980.57 for the last fifty-seven (57) months of the lease-purchase payments 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:
Price Sheet
CITY OF CORPUS CHRISTI PRICE SHEET
PURCHASING DIVISION HGAC CONTRACT NO. HT11-12
BUYER: GERALD GOODWIN TLGPC CONTRACT NO. 425-13
COUNCIL DATE: MAY 13, 2014 FREIGHTLINER TRUCKS AND
PETERSON LIGHTNING LOADER BODIES
Houston Freightliner, Inc.
Houston, Texas
UNIT EXTENDED
ITEM DESCRIPTION I QTY.1 UNIT PRICE I PRICE
1. 12014 Freightliner M2-106-70 cab/chassis 4 1 Each $70,030.00 1 $280,120.00
Texan Waste Equipment, Inc.
Houston, Texas
UNIT EXTENDED
ITEM DESCRIPTION I QTY.1 UNIT PRICE PRICE
1. Peterson TI-3 lightning loader body 1 4 1 Each $60,000.00 $240,000.00
TOTAL: $520,120.00
d
AGENDA MEMORANDUM
oaPOwR ko Future Item for the City Council Meeting of May 13, 2014
2852 Action Item for the City Council Meeting of May 20, 2014
DATE: May 13, 2014
TO: Ronald L. Olson, City Manager
FROM: Gabriel Maldonado, Interim Procurement Manager
gabrielm&cctexas.com
(361) 826-3165
Lawrence Mikolajczyk, Director of Solid Waste Operations
lawm(a_cctexas.com
(361) 826-1972
Lease—Purchase of Freightliner Trucks and Peterson Rear-Steer Loader Bodies
CAPTION:
Motion approving the lease-purchase of three (3) Freightliner trucks from Houston, Freightliner,
Inc., Houston, Texas and three (3) Peterson rear-steer loader bodies from Texan Waste
Equipment, Inc., Houston, Texas for a total amount of $443,520. The award is based on the
cooperative purchasing agreements with the Houston-Galveston Area Council of Governments
(HGAC) and the Texas Local Government Purchasing Cooperative (TLGPC). Funding is
available from the City's lease-purchase financing contractor.
PURPOSE:
To be used by Solid Waste Operations for brush collection throughout the City.
BACKGROUND AND FINDINGS:
The units will be replacements to the fleet.
ALTERNATIVES:
The average expected service life of this vehicle is 10 years. The table below contains the
projected 10-year life-cycle cost of each of the indicated engine types. The diesel engine
proves to be the most cost-effective option, costing $6,899.41 per vehicle less over each
vehicle's 10-year life.
Meets Does Not
Standards Standard Meet Comments
Standard
(1) Reliability X
OEM CNG available?
(2) Specifications
(CNG vehicle meets X
functional/mission
capability requirements?)
(3) Emissions CNG produces approx. 20% less carbon dioxide output. Other emissions
are the same as diesel.
(4)Exclusions None
Financial Analysis
Purchase Fuel Cost Projected Total
Type of Interest Cost (CNG: $1.00/dieselgal.- Projected
Price if lease-purchased. equivalent Maintenance Cost Life-Cycle
Engine (Over five years.) Diesel:$3.00/gal.) (Average Vehicle Life at City is Llf
10yrs.) Cost
CNG $226,362.00 $12,766.15 $30,410.00 $175,156.00 $4414,,694.15
Diesel $147,840.00 $8,337.74 $91,230.00 $190,387.00 $437,794.74
Difference per Unit in Favor of Diesel $6,899.41
Total Difference for Three Units in Favor of Diesel $20,698.23
OTHER CONSIDERATIONS:
Financing for the lease-purchase of the Freightliner trucks and Peterson rear-steer loader
bodies is based on a sixty-month term with an estimated interest rate of 2.18% for an annual
payment of $93,706.64. The total estimated cost over the five-year period, including principal of
$443,520.00 and interest of$25,013.22, is $468,533.22.
CONFORMITY TO CITY POLICY:
This purchase conforms to the City's purchasing policies and procedures and State statutes
regulating procurement.
EMERGENCY/ NON-EMERGENCY:
Non-emergency
DEPARTMENTAL CLEARANCES:
Solid Waste Operations
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 $435,201.50 $445,106.56 $880,308.06
Encumbered /
Expended Amount $185,553.42 $0 $185,553.42
This item $23,426.66 $445,106.56 $468,533.22
BALANCE $226,221.42 $0 $226,221.42
Fund(s): General Fund
Comments: The $23,426.66 financial impact shown above represents the three (3) months of
payments that will be encumbered through the end of this fiscal year. The remaining
$445,106.56 for the last fifty-seven (57) months of the lease-purchase payments 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:
Price Sheet
CITY OF CORPUS CHRISTI PRICE SHEET
PURCHASING DIVISION HGAC CONTRACT NO. HT11-12 &
BUYER: GERALD GOODWIN TLGPC CONTRACT NO. 425-13
COUNCIL DATE: MAY 13, 2014 FREIGHTLINER TRUCKS AND
PETERSON REAR-STEER LOADERS
Houston Freightliner, Inc.
Houston, Texas
UNIT EXTENDED
ITEM DESCRIPTION I QTY.1 UNIT PRICE I PRICE
1. 12014 Freightliner M2-106-70 cab/chassis 3 1 Each $67,840.00 1 $203,520.00
Texan Waste Equipment, Inc..
Houston, Texas
UNIT EXTENDED
ITEM DESCRIPTION I QTY.1 UNIT PRICE PRICE
1. 1 Peterson RS3 rear-steer loader body 1 3 1 Each $80,000.00 $240,000.00
TOTAL: $443,520.00
se
01 A A AGENDA MEMORANDUM
Future Item for the City Council Meeting of May 13, 2014
Action Item for the City Council Meeting of May 20, 2014
0ONVOR 11
1852
DATE: May 13, 2014
TO: Ronald L. Olson, City Manager
THRU: Gustavo Gonzalez, Assistant City Manager for Public Works & Utilities
gustavogo@cctexas.com
361-826-3235
FROM: Gabriel Maldonado, Interim Procurement Manager
gabrielm p_cctexas.com
361-826-3165
Mark Van Vleck, P.E., Executive Director of Utilities
markvv@cctexas.com
361-826-1874
F_ Purchase of Freightliner Vacuum Truck
CAPTION:
Motion approving the purchase of one (1) Freightliner truck from Houston Freightliner, Inc., Houston,
Texas and one (1) VAC-ALL sewer cleaner body from Waukesha-Pierce Industries, Inc., Dallas,
Texas for a total amount of $322,073.45. The award is based on the cooperative purchasing
agreement with the Houston-Galveston Area Council of Governments (H-GAC). The unit is a
replacement to the fleet and will be used by the Utilities Department. Funds are available in the Fleet
Maintenance Services Fund FY 2013-2014.
PURPOSE:
The vacuum truck will be used by the Utilities Wastewater Department to clean and maintain 1 ,250
miles of wastewater collection main lines, 6" and larger in diameter. The vacuum truck will be
delivered to the City in the summer of 2014. Local manufacturers' dealers — Corpus Christi
Freightliner and Waukesha-Pearce Industries, Inc. will provide warranty support service.
BACKGROUND AND FINDINGS:
Not applicable.
ALTERNATIVES:
The average expected service life of this vehicle is six (6) years. The table below contains the
projected 6-year life-cycle cost of each of the indicated engine types. The diesel engine proves to be
the most cost-effective option, costing $6,899.41 per vehicle less over each vehicle's 6-year life.
Meets Does Not
Standards Standard Meet Comments
Standard
(1) Reliability
(OEM CNG available?) X
(2) Specifications Required specification is 370 HP and 1,250
(CNG vehicle meets X LBFT torque. Maximum HP and torque in CNG
functional/mission configuration is 320 HP and 1,000 LBFT
capability requirements?)
torque.
3 Emissions Not applicable.
4 Exclusions Not applicable.
Financial Analysis
Purchase Fuel Cost Projected Total
Type of Interest Cost (CNG: $1.00/dieselgal.- Projected
Price if lease-purchased. equivalent Maintenance Cost p
Engine (Over five years.) Diesel:$3.00/gal.) (Average Vehicle Life at City is Life-Cycle
6yrs.) Cost
CNG N/A N/A N/A N/A N/A
Diesel $322,073.45 N/A $12,420.00 $127,519.00 $462,012.45
Difference per Unit in Favor of Diesel N/A
Total Difference for Three Units in Favor of Diesel N/A
OTHER CONSIDERATIONS:
The unit being replaced has been in service more than five years.
CONFORMITY TO CITY POLICY:
This purchase conforms to the City's purchasing policies and procedures and Texas State
procurement laws.
EMERGENCY/ NON-EMERGENCY:
Non-Emergency.
DEPARTMENTALCLEARANCES:
Utilities Department
FINANCIAL IMPACT:
X Operating ❑ Revenue ❑ Capital ❑ Not applicable
Project to Date
Expenditures
Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS
Line Item Budget $7,864,597.96 $7,864,597.96
Encumbered /
Expended Amount $3,458,931.05 $3,458,931.05
This item $322,073.45 $322,073.45
BALANCE $4,083,593.46 $4,083,593.46
Fund(s): Fleet Maintenance Services Fund
Comments:
RECOMMENDATION:
Staff recommends approval of the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet.
CITY OF CORPUS CHRISTI PRICE SHEET
PURCHASING DIVISION HGAC CONTRACT NO. HT11-12 &SC-01
BUYER: GABRIEL MALDONADO PURCHASE OF FREIGHTLINER
COUNCIL DATE: MAY 13, 2014 VACUUM TRUCK
Houston Freightliner, Inc.
Houston, Texas
UNIT EXTENDED
ITEM DESCRIPTION QTY.1 UNIT PRICE PRICE
1. 2015 Freightliner 114SD Cab and Chassis 1 Each $104,510.00 $104,510.00
Waukesha-Pearce Industries, Inc.
Dallas, Texas
UNIT EXTENDED
ITEM DESCRIPTION QTY.1 UNIT PRICE PRICE
1 VAC-All AJV 1215 P Series Combination 1 Each $217,563.45 $217,563.45
Sewer Cleaner Body
TOTAL: $322,073.45
d
AGENDA MEMORANDUM
oaPOwR,ko Future Item for the City Council Meeting of May 13, 2014
2852 Action Item for the City Council Meeting of May 20, 2014
DATE: May 13, 2014
TO: Ronald L. Olson, City Manager
FROM: Gabriel Maldonado, Interim Procurement Manager
gabrielm P_cctexas.com
(361) 826-3165
Floyd Simpson, Chief of Police
floyds _cctexas.com
(361) 826-2604
Service Agreement for School Crossing Guard Program
CAPTION:
Motion approving a service agreement with All City Management Services, Houston,
Texas to administer the School Crossing Guard Program in accordance with Bid
Invitation No. BI-0114-14 based on only bid for an estimated twelve-month expenditure
of $257,936.40 of which $46,897.53 is required for the remainder of FY 2013-2014. The
term of the service agreement will be for twelve-months with an option to extend for up
to two additional twelve-month periods subject to the approval of the service provider
and the City Manager or designee. Funds are available in the General Fund and the
Red Light Photo Enforcement Fund in FY 2013-2014.
PURPOSE:
The purpose of the School Crossing Guard Program is to provide adult supervision and
assistance to students crossing streets near schools.
BACKGROUND AND FINDINGS:
The School Crossing Guard program began in 1962 with 58 guards under the
administration of the Police Department. The program grew over the years to 91
guards. In August 2012, the program was reduced to 28 guards and the school districts
were encouraged to use volunteers.
In an effort to streamline Police services, the City solicited competitive sealed bids for
the administration of the program. The resulting contract results in a cost savings of
$52,542 to the General Fund (General Fund contributing $157,936 and the Red Light
Photo Enforcement fund contributing $100,000)
ALTERNATIVES:
Not applicable.
OTHER CONSIDERATIONS:
Not applicable.
CONFORMITY TO CITY POLICY:
This purchase conforms to the City's purchasing policies and procedures and State
statutes regulating procurement.
EMERGENCY/ NON-EMERGENCY:
Non-emergency.
DEPARTMENTALCLEARANCES:
Police Department
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 $1,008,269.53 $211,038.87 $1,219,308.40
Encumbered /
Expended Amount $484,575.57 $484,575.57
This item $46,897.53 $211,038.87 $2577936.40
BALANCE $4767796.43 $4767796.43
Fund(s): School Crossing Guards, Red light Photo Enforcement
Comments:
The $46,897.53 financial impact shown above represents two months of expenditures
that will be encumbered through the end of this fiscal year. The remaining $211,038.87
represents 9 months of expenditure that will be requested during the normal FY 2014-
2015 budget approval process.
RECOMMENDATION:
Staff recommends approval of the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation Sheet
Service Agreement
CITY OF CORPUS CHRISTI Bid Tabulation Sheet
PURCHASING DIVISION Bid Invitation No. BI-0114-14
BUYER: GABRIEL MALDONADO School Crossing Guards
COUNCIL DATE: MAY 13, 2014
All City Management Services
Houston, Texas
ITEM DESCRIPTION QTY UNIT UNIT PRICE I TOTAL PRICE
1. School crossing guards estimated hours 20,520 Hrs $12.57 $257,936.40
Grand Total $257,936.40
SERVICE AGREEMENT
Service Agreement No. SA
THIS School Crossing Guard Service CONTRACT (this "Agreement") is entered into by and
between All City Management Services (the "Contractor") and the
City of Corpus Christi, a Texas home-rule municipal corporation (the "City") effective for all
purposes upon execution by the City Manager.
WHEREAS Contractor has proposed to provide School Crossing Guard Services in response
to Bid Invitation No. BI-0114-14 in accordance with Specification No. 1259, dated JgqgAEL9,
2014,. which is incorporated and attached as Exhibit A;
WHERE-AS the City has determined Contractor to be the lowest responsible bidder;
NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows:
1. Services. Contractor will perform the School Crossing Guard Services in
accordance with Specification No. 1259.
2. Term. This Agreement is for 12 months commencing on the date signed by the last
signatory hereto. The term includes an option to extend for up to two additional twelve-month
periods subject to the approval of the Contractor and the City Manager or his designee ("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 Contractor's
notices or communications regarding this Agreement must be directed to the Contract
Administrator, who is the Police Management Services Director.
4. Independent Contractor. Contractor will perform the services hereunder as an
independent contractor and will fumish such services in its own manner and method, and under no
circumstances or conditions may any agent, servant, or employee of Contractor be considered as an
employee of the City.
Page 1 of 5
5. Insurance. Before activities can begin under this Agreement, Contractor's insurance
company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages,
with applicable policy endorsements to the Contract Administrator. Additionally, the Certificate
must state that the Police Management Services Director will be given at least 30 days' notice of
cancellation,material change in the coverages, or intent not to renew any of the policies by certified
mail. 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. Insurance
requirements are attached and incorporated into each specification and may be revised annually by
the City Manager upon 30 days written notice to Contractor.
6. Assignment. No assignment of this Agreement or any right or interest therein by
Contractor is effective unless the City first gives its written consent to such assignment. The
performance of this Agreement by 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, is subject to appropriations and budget approval providing for
such contract item as an expenditure in that budget. The City does not represent that the budget
item will be actually adopted, 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
Specification No. 1259 or Contractor's bid submitted in response to Bid Invitation No. BI-0114-
14 waives any subsequent breach of the same.
9. Compliance with laws. This Agreement is subject to all Federal laws and laws of the
State of Texas. 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. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, Contractor must obtain
prior written approval from the Police Management Services Director. In using subcontractors,
Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor
and its employees were employees of 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.
Page 2 of 5
11. Amendments. This Agreement may be amended only by written agreement signed by
duly authorized representatives of the parties hereto.
12. Termination. The City Manager may terminate this Agreement for Contractor's failure
to perform the services specified in Bid Invitation o. BI-0114-14 or Specification No. 125 . Failure
to keep all insurance policies in force for the entire term of this—Agreement is grounds for termination.
The Contract Administrator must give Contractor reasonable 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, City may terminate this Agreement upon 20 days' written notice to Contractor.
However, City may terminate this Agreement on 24 hours' written notice to Contractor for failure to pay
or provide proof of payment of taxes as set out herein.
13. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes,
employment taxcs, and all other related taxes according to Circular E Employer's Tax Guide,
publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within
30 days after City Manager's written request therefore. Failure to pay or provide proof of payment is
grounds for the City Manager to immediately terminate this Agreement.
14. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that
substantially conforms to the City's policy.
15. Violence Policy. Contractor must adopt Violence in the Workplace and related hiring policy
that substantially conforms to the City's policy.
16. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and
is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified
ail. Notice shall be sent as follows:
IF'ro CITY:
City of Corpus Christi
Attention: Pat Eldridge, Police Management Services irector
P.O. Box 9277
Corpus Christi,Texas 78469-9277
ONE: (361) 826-2696
FAX o.: (361) 826-2607
IF TO CONTRACTOR:
It MContractor Name: Allmm
Suaite e
�5
ent_ ery ces-............—__.._.---.._._---..,. ------------......................
Contact Person: Harlan Sims
J.Address: I O44Piort eer lv
Cit y, State Zip:
, a to Fc.5.
j nl s. CA 9__.0_6_7._0
3 1 �X02 3zs
. ........... . ................mm_..........mm.....-..._. ..M.......
Page 3 of 5
17. Month-to-Month Extension. If the City has not completed the bidding process and
awarded a new supply agreement upon the expiration of the original contract period or any extension
period, the Bidder shall continue to provide goods/services under this Agreement, at the most current
price under the term of this supply agreement or extension, on a month to month basis, not to exceed six
months. This supply 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.
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 .BIND 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 CONTRACT OR THE PERFORMANCE OF THIS
CONTRACT, 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 SATISFACTORY TO INDEMNITEES AND
PAY ALL CHARGES OF ATTORNEY 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.
Page 4 of 5
SIGNED this 28 day of February_,20114....
C tractor:
o
Na Dernetra. 'arwell
Title: Cor Cor ora Secretar ,
CITY OF CORPUS CHRISTI
Date
Assistant Director of Financial Services
Incorporated herein,by reference:
Exhibit A: Bid Invitation No. I-0114-14, Specification No. 1259.
Page 5 of 5
d
AGENDA MEMORANDUM
Future item for the City Council meeting of May 13 2014
"�oaPOwa,k° Action Item for the City Council meeting of May 20, 2014
1852
DATE: May 2, 2014
TO: Ronald L. Olson, City Manager
FROM: Floyd Simpson, Chief of Police
floydspcctexas.com
886-2604
Approval to enter into an interlocal agreement with Nueces County to share the Edward Byrne
Memorial Justice Assistance Grant (JAG) and approval to submit a grant application to the U. S.
Department of Justice for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program
FY 2014 Local Solicitation
CAPTION:
Resolution authorizing the City Manager, or designee, to submit a grant application in
the amount of $168,613 to the U.S. Department of Justice, Bureau of Justice Assistance
for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG)
Program FY 2014 Local Solicitation with 50% of the funds to be distributed to Nueces
County under the established Interlocal Agreement; and authorizing the City Manager or
designee to execute Interlocal Agreement between the City of Corpus Christi and
Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice
Grant (JAG) Program FY 2014 Local Solicitation.
PURPOSE:
The City must apply for these funds each year.
BACKGROUND AND FINDINGS:
Under the Justice Assistance Grant (JAG) (previously Local Law Enforcement Block Grant
LEBG), we have been declared a disparate jurisdiction and have agreed to split the funds 50/50
with Nueces County. A disparate allocation occurs when a constituent unit of local government
is scheduled to receive one and one half times more (four times more for multiple units of local
government) than another constituent unit(s), while the other unit of local government bears
more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes
reported by the geographically constituent unit(s).
Jurisdictions certified as disparate must submit a joint application for the aggregate of funds
allocated to them, specifying the amount of the funds that are to be distributed to each of the
units of local government and the purposes for which the funds will be used. The City and
County have agreed that the City will serve as the lead agency, and the Nueces County
Commissioners Court approved the interlocal agreement as well as proposed expenditures on
May 14, 2014.
JAG funds can be used for state and local initiatives, technical assistance, training, personnel,
equipment, supplies, contractual support, and information systems for criminal justice for any
one or more of the following purpose areas:
• Law enforcement programs • Prosecution and court programs
• Prevention and education programs • Drug treatment and enforcement programs
• Corrections and community corrections programs
• Planning, evaluation, and technology improvement programs
• Crime victim and witness programs (other than compensation
With this award, the program has provided a total of $5,204,390 in grant funds to the City since
the program began in 1996. The funds have been used to purchase backbone equipment for
the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked
police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the
Communications van, digital cameras, radars, video cameras, personal computer hardware and
software, an upgrade to the computer system and the radio microwave system, a mobile police
substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25
compliance, and other police equipment.
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
Encumbered /
Expended Amount
This item 1 1625831 162583
BALANCE 162583 162583
Fund(s): Police Grants Fund
Comments:
RECOMMENDATION:
Staff recommends submitting the application.
LIST OF SUPPORTING DOCUMENTS:
Interlocal Agreement
Resolution
Resolution
Authorizing the City Manager, or designee, to submit a grant
application in the amount of $168,613 to the U.S. Department
of Justice, Bureau of Justice Assistance for funding. eligible
under the Edward Byrne Memorial Justice Assistance Grant
(JAG) Program FY 2014 Local Solic n itatio with 50%, of the
funds to be distributed to Nueces County under the
established Interlocal Agreement; and authorizing the City
Manager or designee to execute Interlocal Agreement between
the City of Corpus Christi and Nueces County.to establish
terms for the sharing of the Edward Byrne Memorial Justice
Grant (JAG) Program FY 2014 Local Solicitation.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION. 1. That the City Manager, or designee, is authorized to submit a grant
application in the amount of $168,613 to the U.S. Department of Justice, Bureau of
Justice Assistance for funding eligible under the Edward Byrne Memorial Justice .
Assistance Grant (JAG) Program FY 2014 Local Solicitation with 50% of the funds to be
distributed to Nueces County under the established Interlocal Agreement. Grant funds
will be used for the enhancement of law enforcement efforts by the Police Department
and Nueces County.
SECTION 2. The City Manager or his designee is authorized to execute an Interlocal
Agreement between the City of Corpus Christi and Nueces County to establish terms for
the sharing of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2014 Local
Solicitation.
ATTEST: THE CITY OF CORPUS CHRISTI
Rebecca Huerta Nelda Martinez
City Secretary Mayor
Corpus Christi, Texas
Of ,
The above resolution.was passed by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magil!
Colleen McIntyre
Lillian Riojas
Mark Scott
GMS APPLICATION NUMBER
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENT
COUNTY OF NUECES
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND
THE COUNTY OF NUECES, TEXAS
EDWARD BYRNE MEMORIAL, JUSTICE.ASSISTANCE GRANT (JAG)
PROGRAM FISCAL YEAR 2014 LOCAL SOLICITATION AWARD
This agreement is made and entered into this day of , 2014, by
and between the City of Corpus Christi, acting by and through its governing body,
the City Council ("CITY), and the County of Nueces, acting by and through its
governing body, the Commissioners Court ("COUNTY"), both of Nueces County,
State of Texas, witness:
WHEREAS, this Agreement is made under the authority of Section 791.011 (a),
Government.Code; and
WHEREAS, each governing body, in performing governmental functions or in
paying for the performance of governmental functions hereunder, shall make that
performance or those payments from current revenues legally available to that
party; and
WHEREAS, each governing body finds that the performance of this Agreement is
in the best interests of.both.parties,that the undertaking will benefit the public,
and that the division of costs fairly compensates the performing party for the
services or functions under this agreement; and
WHEREAS, the CITY and COUNTY have previously entered into an agreement
for disbursement of Fiscal Year 2012 &2013 JAG funds which is separate from
this agreement; and
WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50%), or a
current estimate of$84,306, JAG funds received from'Fiscal Year 2014 award;
and
WHEREAS, the CITY and COUNTY believe it to be in their best interests to
reallocate the JAG funds.
Page 1 of 3
GMS APPLICATION NUMBER
NOW THEREFORE, the COUNTY and CITY agree as follows.
Section 1.
CITY agrees to pay COUNTY a.total of fifty percent (50°x), or a current estimate
of$84,306, of the JAG funds received from this award.
Section 2.
COUNTY agrees to use the fifty percent (50%), or current estimate of$ 84;306,
of JAG funds.received from CITY under this agreement for the enhancement of
law enforcement between October 1, 2013 and September 30, 2017.
Section 3.
Nothing in the performance of this Agreement shall impose any liability for claims
against COUNTY other than claims for which liability may be imposed by the
Texas Tort Claims Act.
Section 4.
Nothing in the performance of this Agreement shall impose any liability for claims
against CITY other than claims for which liability may be imposed by the Texas
Tort Claims Act.
Section 5.
Each party to this Agreement will be responsible for its own actions in providing
services under,this Agreement and shall not be liable for any civil liability that
may arise from the furnishing of the services by the other party.
Section 6.
The parties to this Agreement do not intend for any third party to obtain a right by
virtue of this Agreement.
Section 7.
By entering into this Agreement, the parties do not intend to create any
obligations, express or implied, other than those set out herein. Further, this
Agreement shall not create any rights in any party not a signatory hereto.
Page 2 of 3
GMS APPLICATION NUMBER
CITY OF CORPUS CHRISTI COUNTY OF NUECES
Ronald L. Olson Samuel L. Neal, Jr.
City Manager County Judge
ATTEST:
Rebecca Huerta Diana Barrera
City Secretary County Clerk
APPROVED AS TO FORM:
Buck Brice Laura Garza Jimenez
Assistant City Attorney County Attorney
For City Attorney
Date Date
Page 3 of 3
se
Ak
o
AGENDA MEMORANDUM
'ORPORa Ep Future Item for the City Council Meeting of May 13, 2014
1852 Action Item for the City Council Meeting of May 20, 2014
DATE: April 14, 2014
TO: Ronald L. Olson, City Manager
THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities
GustavoGo@cctexas.com
(361) 826-3897
FROM: Daniel Biles, P.E., Executive Director, Public Works
DanB @cctexas.com
(361) 826-3729
FROM: Mark Van Vleck, P.E., Executive Director, Utilities
Mark VV @cctexas.com
(361) 826-1874
Engineering Contract
On-Call Engineering Services for Dams
CAPTION:
Motion authorizing the City Manager or designee to execute Amendment No. 1 to the
engineering contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of
$10,500, for a total restated fee not to exceed $60,000 for On-Call Engineering Services for
Dams for construction phase services.
PURPOSE:
The purpose of this agenda item is to obtain authority to execute Amendment No. 1 to the
Freese and Nichols, Inc. engineering contract for On-Call Engineering Services for Dams.
BACKGROUND AND FINDINGS:
Wesley E. Seale Dam was built in 1958 and included seven sluice gates located within the
outlet tower to release daily water flows through the dam. The existing sluice gates have
exceeded their service life.
In May 2013, the City awarded an administrative contract of On-Call Engineering Services for
Dams to Freese & Nichols, Inc. (FNI). FNI used the partial funds (60%) of that on-call services
contract to accomplish the design and bidding of three sluice gates rehabilitation, the remaining
funds (40%) was used for the City's dam on-call services. In January of 2014, the construction
contract of Wesley E. Seale Dam Sluice Gate Rehabilitation Phase 1 was successfully awarded
to H&S Constructors, Inc. Corpus Christi, TX, and the construction started early April, 2014.
This amendment contract allows FNI to provide the construction services for the Wesley E.
Seale Dam Sluice Gate Rehabilitation Phase 1.
ALTERNATIVES:
1. Authorize the execution of the engineering contract.
2. Do not authorize the execution of the engineering contract. (Not Recommended)
OTHER CONSIDERATIONS:
Freese and Nichols, Inc. (FNI) is one of the nationally recognized engineering firms with unique
expertise in dams. FNI was most famously employed by the City to stabilize Wesley E. Seale
Dam and was awarded a Water Capital Improvement Program project in 2009 associated with
the Wesley E. Seale Dam Sluice Gates. Since late 1990's, FNI has provided yearly
professional services on the City's dams. FNI was awarded an administrative contract for on-
call engineering services to provide design and bidding services for the Wesley E. Seale Dam
Sluice Gates Rehabilitation.
CONFORMITY TO CITY POLICY:
Conforms to City Fiscal Policy
EMERGENCY/ NON-EMERGENCY:
Non-Emergency
DEPARTMENTAL CLEARANCES:
Utilities Department
FINANCIAL IMPACT:
® Operating ❑ Revenue ❑Capital ❑ Not applicable
Fiscal Year Project to
2013-2014 Date Current Year Future Years TOTALS
Expenditures
Water Operating $49,500.00 $513,500.00 $563,000.00
Encumbered /
Expended Amount $49,500.00 $423,658.00 $473,158.00
This Item $10,500.00 $10,500.00
Future Anticipated
Expenditures This
Project $76,892.00 $76,892.00
BALANCE $0.00 $2,450.00 $2,450.00
Fund(s): Water Operating
Comments: FNI's amendment will provide services through the end of the anticipated
construction of May 2014. The amendment will result in the expenditure of an amount not to
exceed $10,500.
RECOMMENDATION:
City Staff recommends approval of the engineering contract with Freese and Nichols, Inc. in the
amount of $10,500, for a total restated fee not to exceed $60,000 for On-Call Engineering
Services for Dams for construction phase services.
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
Contract
Presentation
PROJECT BUDGET
On-Call Engineering Services for Dams
FUNDS AVAILABLE:
WaterOperating................................................................................................ $563,000
FUNDS REQUIRED:
*Construction (H&S Constructors, Inc)................................................................... 349,000
Contingencies (10%).......................................................................................... 34,900
Engineer Fees:
Engineer(Freese and Nichols, Inc.)....................................................................... 49,500
Engineer Amendment No. 1 THIS CONTRACT (Freese and Nichols, Inc.)..................... 10,500
Purchase of Three Gates.................................................................................... 69,432
Construction Materials Testing (Rock Engineering & Testing Laboratory, Inc.)................ 5,226
Reimbursements:
Administration/Finance (Capital Programs/Capital Budget/Finance)........................................ 10,582
Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs)...................... 20,940
Misc.......................................................................................................................... 10,470
TOTAL............................................................................................................ $560,550
PROJECT BUDGET BALANCE........................................................................... $2,450
*Approved by City Council on February 18, 2014 by Motion No. 2014-022
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AMENDMENT NO. 1
TO CONTRACT FOR
PROFESSIONAL SERVICES
The City of Corpus Christi, Texas hereinafter called "CITY", and FREESE AND NICHOLS
INC., hereinafter called "ARCHITECT/ENGINEER" ("A/E"), agree to the following
amendment to the Contract for Professional Services as authorized and amended by:
Original Contract I July 18, 2013 Administrative App roval $49,500.00
1. SCOPE OF PROJECT
On-Call Engineering Services for Dams (Project No. E13067) - The project for
rehabilitation of the upstream sluice gates at Wesley E. Seale Dam, to include a crane pad
and drainage system, was designed and bid as once component of work performed under
the current On-Call Engineering Services for Dams, Project No. E13067.
This project will consist of general construction representation at Wesley E. Seale Dam by
Freese and Nichols, Inc.
2. SCOPE OF SERVICES
The A/E hereby agrees, at its own expense, to perform professional services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition, A/E
will provide monthly status updates (project progress or delays, gantt charts presented with
monthly invoices) and provide contract administration services, as described in Exhibit
"A", to complete the project. Work will not begin on Additional Services until requested by
the A/E (provide breakdown of costs, schedules), and written authorization is provided by
the Executive Director of Public Works.
A/E services will be "Services for Construction Projects"- (Basic Services for Construction
Projects")which are shown and are in accordance with"Professional Engineering Services-
A Guide to the Selection and Negotiation Process, 1993" a joint publication of the
Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For
purposes of this contract, certain services listed in this publication as Additional Services
will be considered as Basic Services.
3. ORDER OF SERVICES
The A/E agrees to begin work on those authorized Basic Services for this contract upon
receipt of the Notice to Proceed from the Executive Director of Public Works. Workwill not
begin on any phase or any Additional Services until requested in writing by the A/E and
written authorization is provided by the Executive Director of Public Works. The anticipated
schedule of the preliminary phase, design phase, bid phase, and construction phase is
shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may
be required for review by the City staff and may be amended by or with the concurrence of
the Executive Director of Public Works.
Large A/E Contract
Page 1 of 3
KAEngineering Data Exchange\JENNIFER\WATER\E13067 ON CALL ENGINEERING SERVICES FOR DAMS\AMENDMENT NO.1\CONTRACT\Contract.doc
The Executive Director of Public Works may direct the A/E to undertake additional services
or tasks provided that no increase in fee is required. Services or tasks requiring an
increase of fee will be mutually agreed and evidenced in writing as an amendment to this
contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks
requested requires an additional fee.
4. INDEMNITY AND INSURANCE
A/E agrees to the mandatory contract indemnification and insurance requirements as set
forth in Exhibit "B".
5. FEE
The City will pay the A/E a fee, as described in Exhibit "A", for providing services
authorized, a revised fee not to exceed $10,500.00 (Ten Thousand, Five Hundred
Dollars and Zero Cents), for a total restated fee of$60,000.00(Sixty Thousand Dollars
and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C".
6. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the A/E at the address of record. In this event, the A/E will be
compensated for its services on all stages authorized based upon A/E and City's estimate
of the proportion of the total services actually completed at the time of termination.
7. LOCAL PARTICIPATION
The City Council's stated policy is that City expenditures on contracts for professional
services be of maximum benefit to the local economy. The A/E agrees that at least 75% of
the work described herein will be performed by a labor force residing within the Corpus
Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work
described herein will be performed by a labor force residing outside the Corpus Christi
Metropolitan Statistical Area (MSA.)
8. ASSIGNABILITY
The A/E will not assign, transfer or delegate any of its obligations or duties in this contract
to any other person without the prior written consent of the City, except for routine duties
delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the
termination of the partnership, this contract will inure to the individual benefit of such
partner or partners as the City may designate. No part of the A/E fee may be assigned in
advance of receipt by the A/E without written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such
employment, including the rate of compensation, has been approved in writing by the City.
Large A/E Contract
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KAEngineering Data Exchange\JENNIFER\WATER\E13067 ON CALL ENGINEERING SERVICES FOR DAMS\AMENDMENT NO.1\CONTRACT\Contract.doc
9. OWNERSHIP OF DOCUMENTS
All documents including contract documents (plans and specifications), record drawings,
contractor's field data, and submittal data will be the sole property of the City, may not be
used again by the A/E without the express written consent of the Executive Director of
Public Works. However, the A/E may use standard details that are not specific to this
project. The City agrees that any modification of the plans will be evidenced on the plans,
and be signed and sealed by a professional engineer prior to re-use of modified plans.
10. DISCLOSURE OF INTEREST
AJE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to
complete, as part of this contract, the Disclosure of Interests form.
CITY OF CORPUS CHRISTI FREES ND NICHOLS, INC.
12-.-- G 4 -
Natasha Fudge, P.E. Date Ron Guimah, P.E. Date
Acting Director, Capital Programs Principal
8010 N. Shoreline Blvd., Suite 160ON
Corpus Christi, TX 784011
RECOMMENDED (361) 561-6500 Office
(361) 561-6501 Fax
-0p—e?tAfDepa rh6rA" Date
APPROVED
Office of Management Date
and Budget
ATTEST
Rebecca Huerta, City Secretary
Project No: E13067 EKTERED
Fund Solurce No:530000-4010-30200-El 3067 APR '14 2014
Fund Name: Water Operal!gg
Encumbrance No: CON I hAU I IAI AUE
Large A/E Contract
Page 3 of 3
K:kEngineenngDataExchangeUENNIFER\WATIERkEI3067 ON CALL ENGINEERING SERVICES FOR DAMSkAMENOMENT NO,ltrONTRACTIContramdoc
EXHIBIT "A"
CITY OF CORPUS CHRISTI, TEXAS
AMENDMENT NO. 1 TO
ON-CALL ENGINEERING SERVICES FOR DAMS
PROJECT NO. E13067
I. SCOPE OF SERVICES
A. BASIC SERVICES
1. Construction Administration Phase. The A/E will perform contract administration to
include the following:
a) Participate in pre-construction meeting conference and provide a recommended
agenda for critical construction activities and elements impacted the project.
b) Review, Contractor submittals and operating and maintenance manuals for
conformance to contract documents.
C) Review and interpret field and laboratory tests.
d) Provide interpretations and clarifications of the contract documents for the contractor
and authorize required changes, which do not affect the contractor's price and are
not contrary to the general interest of the City under the contract.
e) Make 1 weekly visit to the site of the Project to confer with the City project inspector
and contractor to observe the general progress and quality of work, and to
determine, in general, if the work is being done in accordance with the contract
documents. This will not be confused with the project representative observation or
continuous monitoring of the progress of construction.
f) Prepare change orders as authorized by the City; provide interpretations and
clarifications of the plans and specifications for the contractor and authorize minor
changes which do not affect the contractor's price and are not contrary to the general
interest of the City under the contract.
g) Attend final inspection with City staff and provide the City with a Certificate of
Completion for the project upon successful completion of the project.
h) Review Contractor-provided construction"red-line"drawings. Prepare Project record
drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later)
within two (2) months of final acceptance of the project. All drawings shall be CADD
drawn using dwg format in AutoCAD, and graphics data will be in dxf format with
each layer being provided in a separate file. Attribute data will be provided in ASCII
format in tabular form. All electronic data will be compatible with the City GIS
system.
The City staff will:
a) Prepare applications/estimates for payments to contractor.
b) Conduct the final acceptance inspection with the Engineer.
II. SCHEDULE
Date Activity
April 2014 Contract Award
April 2014 Begin Construction
May 2014 Complete Construction
AMEND. NO. 1
EXHIBIT"A"
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K\Engineering Data Exchange\JENNIFER\WATER\E13067 ON CALL ENGINEERING SERVICES FOR DAMS\AMENDMENT NO.1\CONTRACT\Exhibit A 4.14.14.doc
III. FEES
A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services"
authorized as per the table below. The fees for Basic Services will not exceed those identified and
will be full and total compensation for all services outlined in Section LA above, and for all expenses
incurred in performing these services. The fee for this project is subject to the availability of
funds. The Engineer may be directed to suspend work pending receipt and appropriation of
funds. For services provided in Section I.A, A/E will submit monthly statements for basic services
rendered. In Section I.A, the statement will be based upon A/E's estimate (and with City's
concurrence) of the proportion of the total services actually completed at the time of billing. For
services provided in Section I.A, the statement will be based upon the percent of completion of the
construction contract. City will make prompt monthly payments in response to A/E's monthly
statements.
B. Fee for Additional Services. For services authorized by the Executive Director of Public Works
under Section I.B. "Additional Services,"the City will pay the A/E a not-to-exceed fee as per the table
below:
Summa ry of Fees
Original Amendment Total
No. 1
Basic Services Fees
1 Preliminary Phase (On-Call Services) $49,500.00 $0.00 $49,500.00
2 Design Phase 0.00 0.00 0.00
3 Bid Phase 0.00 0.00 0.00
4 Construction Administration Phase 0.00 10,500.00 10,500.00
Subtotal Basic Services Fees 49,500.00 10,500.00 60,000.00
Additional Services Fees
1 Permit Preparation 0.00 0.00 0.00
2 ROW Acquisition Survey 0.00 0.00 0.00
3 Topographic Survey and Parcel 0.00 0.00 0.00
Descriptions
4 Environmental Issues 0.00 0.00 0.00
5 Public Involvement 0.00 0.00 0.00
6 Subsurface Utility Investigation 0.00 0.00 0.00
7 Construction Observation Services 0.00 0.00 0.00
8 Start-up Services 0.00 0.00 0.00
9 Warranty Phase 0.00 0.00 0.00
Subtotal Additional Services Fees Authorized 0.00 0.00 0.00
T Authorized Fee 49,500.00 10,500.00 60,000.00
AMEND. NO. 1
EXHIBIT"A"
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C. Summary of A/E Fees: On a Time and Materials Basis
Hourly Rates
1. Co-op or Admin $ 85.00
2. CAD or GIS Technician $ 100.00
3. EIT or Designer $ 120.00
4. Professional Engineer $ 145.00
5. Senior Engineer $ 190.00
TOTAL FEE NOT TO EXCEED $ 10,500
Rates for In-House Services
Technology Charge Bulk Printing and Reproduction
$8.50 per hour Black and White $0.10 per copy
Color $0.50 per copy
Travel Plot- Bond $2.50 per plot
Standard IRS Rates Plot- Color $5.75 per plot
Plot- Other $5.00 per plot
Binding $5.75 per book
OTHER DIRECT EXPENSES:
Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include
outside printing and reproduction expense, communication expense, travel, transportation and
subsistence away from the FN office and other miscellaneous expenses directly related to the
work, including costs of laboratory analysis, test, and other work required to be done by
independent persons other than staff members.
AMEND. NO. 1
EXHIBIT"A"
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EXHIBIT "B"
MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION
FOR A/E PROFESSIONAL SERVICES/CONSULTANT SERVICES
(Revised November 2013)
A. Consultant must not commence work under this agreement until all insurance required
herein has been obtained and such insurance has been approved by the City. The
Consultant must not allow any subcontractor to commence work until all similar insurance
required of the subcontractor has been obtained.
B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of
Insurance, showing the following minimum coverages by insurance company(s) acceptable
to the City's Risk Manager. The City must be named as an additional insured for all liability
policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Written Notice of Cancellation, Bodily Injury & Property Damage
non-renewal or material change required Per occurrence - aggregate
on all certificates
COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT
including:
1. Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT
1. Owned vehicles
2.. Hired — Non-owned vehicles
PROFESSIONAL LIABILITY including: $1,000,000 per claim / $2,000,000
Coverage provided shall cover all aggregate
employees, officers, directors and agents (Defense costs not included in face value
1. Errors and Omissions of the policy)
If claims made policy, retro date must be
prior to inception of agreement; have
extended reporting period provisions and
identify any limitations regarding who is
an Insured
WORKERS' COMPENSATION Which Complies with the Texas Workers
Compensation Act
EMPLOYERS' LIABILITY 500,000/500,000/500,000
AMEND NO. 1
EXHIBIT"B"
Page 1 of 3
KAEngineering Data Exchange\JENNIFER\FORMS\Exhibit B for Large-Insurance&Indemnification FNI Amd No.1.docx
C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies
of all reports within (10) ten days of accident.
D. Consultant must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers' compensation obligations
incurred will be promptly met.
E. Consultant's financial integrity is of interest to the City; therefore, subject to
Successful Consultant's right to maintain reasonable deductibles in such amounts as are
approved by the City, Consultant shall obtain and maintain in full force and effect for the
duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance
coverage written on an occurrence basis, by companies authorized and admitted to do
business in the State of Texas and with an A.M. Best's rating of no less than A-VII.
F. The City shall be entitled, upon request and without expense, to receive copies of the
policies, declarations page and all endorsements thereto as they apply to the limits required
by the City, and may require the deletion, revision, or modification of particular policy terms,
conditions, limitations or exclusions (except where policy provisions are established by law
or regulation binding upon either of the parties hereto or the underwriter of any such
policies). Consultant shall be required to comply with any such requests and shall submit a
copy of the replacement certificate of insurance to City at the address provided below within
10 days of the requested change. Consultant shall pay any costs incurred resulting from
said changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
Fax: (361) 826-4555
G. Consultant agrees that with respect to the above required insurance, all insurance policies
are to contain or be endorsed to contain the following required provisions:
i. Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations and
activities of, or on behalf of, the named insured performed under contract with the City,
with the exception of the workers' compensation and professional liability policies;
ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
iii. Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
iv. Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not less than
ten (10) calendar days advance written notice for nonpayment of premium.
AMEND NO. 1
EXHIBIT"B"
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KAEngineering Data Exchange\JENNIFER\FORMS\Exhibit B for Large-Insurance&Indemnification FNI Amd No.1.docx
H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage,
Successful Consultant shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Consultant's performance
should there be a lapse in coverage at any time during this contract. Failure to provide and
to maintain the required insurance shall constitute a material breach of this contract.
I. In addition to any other remedies the City may have upon Consultant's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Consultant to stop work hereunder, and/or
withhold any payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
J. Nothing herein contained shall be construed as limiting in any way the extent to which
Successful Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of the work covered
under this agreement.
K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this contract.
L. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
INDEMNIFICATION AND HOLD HARMLESS
Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi,
and its agents, servants, and employees, and each of them against and hold it and
them harmless from any and all lawsuits, claims, demands, liabilities, losses and
expenses, including court costs and attorneys' fees, for or on account of any injury to
any person, or any death at any time resulting from such injury, or any damage to any
property, which may arise or which may be alleged to have arisen out of the negligent
performance of Consultant's services in connection with the work covered by this
contract. The foregoing indemnity shall apply except if such injury, death or damage
is caused by the sole or concurrent negligence of the City of Corpus Christi, its
agents, servants, or employees or any other person indemnified hereunder.
AMEND NO. 1
EXHIBIT"B"
Page 3 of 3
KAEngineering Data Exchange\JENNIFER\FORMS\Exhibit B for Large-Insurance&Indemnification FNI Amd No.1.docx
to CD
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DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms 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". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME: Freese and Nichols
P.O.BOX: N/A
800 N.Shoreline Blvd, 78401
STREET ADDRESS: Suite 1600N CITY: Corpus Christi ZIP:
FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner ❑
4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessar=y,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
N Department(if known)
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 � l� Title
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"firm."
Name Board, Commission or
Kj J, Committee
4. State the names of each employee or officer of a"consultant" for the City of CoTus 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 t,,j /n-5 Consultant
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the
action will have on members of the public in general or a substantial segment thereof,you shall
disclose that fact in a signed writing to the City official,employee or body that has been
requested to act in the matter,unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed wasting 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: Ron Guzman,P.E. Title: Principal
(Type or Print)
Signature of Certifying Date: l `l
Person: l
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the
City Council of the City of Corpus Christi,Texas.
b. "Economic benefit'. An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the public
in general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or
part-time basis,but not as an independent contractor.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited to, entities operated in the form of sole proprietorship, as self-employed
person, partnership, corporation,joint stock company,joint venture, receivership or trust, and
entities which for purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City
Manager, Assistant City Managers, Department and Division Heads, and Municipal Court
Judges of the City of Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held,
in a firm, including when such interest is held through an agent, trust, estate, or holding
entity. "Constructively held" refers to holdings or control established through voting trusts,
proxies, or special terms of venture or partnership agreements."
g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
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z AGENDA MEMORANDUM
OR RN, Future Agenda Item for the City Council Meeting of May 13, 2014
1852 Action Item for the City Council Meeting of May 20, 2014
DATE: May 8, 2014
TO: Ronald L. Olson, City Manager
FROM: Gustavo Gonzalez, P.E., ACM of Public Works and Utilities
GustavoGo @cctexas.com
(361) 826-1874
William J. Green, P.E., Interim Director of Environmental & Strategic Initiatives
BiIIGP_cctexas.com
(361) 826-3598
Approval of a reservation agreement with Flint Hills Resources Corpus Christi, LLC for use of
recycled water
CAPTION:
Motion authorizing the City Manager or designee to execute an Agreement for Exclusive Reservation
of Recycled Water (the "Reservation") with Flint Hills Resources Corpus Christi, LLC (FHR) for
2 million gallons per day (MGD) of recycled water.
PURPOSE:
(a) Obtain Council's review and decision on the question of whether to grant FHR an exclusive
reservation for 2 MGD of recycled water; and
(b) Obtain Council's authority to execute the Reservation Agreement
BACKGROUND AND FINDINGS:
FHR is interested in exploring the possibility of receiving and using the City's recycled water for
cooling tower and other industrial use applications at both of its local Industrial District refineries doing
business as the FHR Corpus Christi West Refinery and the FHR Corpus Christi East Refinery.
FHR proposes a period of time for evaluation, equipment pilot testing and water quality testing
to confirm suitability of the Recycled Water and any onsite treatment cost for the intended industrial
applications.
To allow FHR time to perform the necessary evaluations and testing, FHR proposes an
Agreement for Exclusive Reservation of Recycled Water (the "Reservation"). Under the Reservation,
FHR would pay the City a reservation fee of $50,000 and, in exchange, the City would reserve, for
FHR's exclusive benefit, the capacity for delivery of up to 2 MGD of recycled water from the Allison
Wastewater Treatment Plant (AWWTP), or 2 MGD recycled water from any of other City wastewater
treatment plants, in the event that the City is no longer operating the AWWTP and subject to availability
and permitted by law.
Under the terms of the Reservation, the City agrees not to enter into any other agreement or
reservation for the 2 MGD of recycled water from the Allison Wastewater Treatment Plant (AWWTP) or
an amount of recycled water that would in any way restrict the City's ability to furnish FHR 2 MGD of
recycled water. Before the Reservation expires, FHR agrees that it will inform the City if it intends to
enter into one or more recycled water agreements for either or both of its local refineries.
ALTERNATIVES:
1. Authorize the Reservation as proposed.
2. Request changes to the proposed Reservation.
3. Deny authority to execute the Reservation.
4. Deny authority to execute the Reservation and motion to direct staff to issue an RFP for industrial
use of the City's recycled water
OTHER CONSIDERATIONS:
The City's wastewater treatment plants produce recycled water that is classified as Type II
reclaimed water. TCEQ has granted the City certain authority to deliver its recycled water for the Type
I I uses allowed under Chapter 210 of the Texas Administrative Code (TAC).
Some of the City's golf course and cemetery customers use the City's recycled water for the
Type 11-allowable use of irrigating their golf courses and cemeteries. Although the law also allows for
the use of Type 11 for cooling towers and other industrial applications, none of the City's industrial
district customers are using the City's recycled water at this time.
CONFORMITY TO CITY POLICY:
This item conforms to City's policy to obtain Council's approval and authority to grant an interest in real
property or the city asset of water, which is considered to be a real property-like asset. For our
purposes here, the term water as used in this section includes treated wastewater, also known as
"effluent," or"recycled water."
An industrial water customer's use of the City's recycled water for allowable industrial uses is consistent
with the City's water conservation policies.
EMERGENCY/ NON-EMERGENCY:
Non-emergency
DEPARTMENTAL CLEARANCES:
Legal & Bond Counsel
FINANCIAL IMPACT:
❑ Operating X Revenue ❑ Capital ❑ Not applicable
Fiscal Year Project to Date
2013-2014 Expenditures Current Year Future Years TOTALS
CIP only)
Line Item Budget
Encumbered /
Expended Amount
This item $50,000.00 $50,000.00
Future Anticipated
Expenditures
BALANCE $50,000.00
COMMENTS:
FHR will pay the City a non-refundable Reservation payment of$50,000.
RECOMMENDATION:
Approval of the Reservation as proposed.
LIST OF SUPPORTING DOCUMENTS:
Agreement for Exclusive Reservation of Recycled Water FHR
Agreement for Exclusive Reservation of Recycled Water Between
Flint Hills Resources Corpus Christi, LLC and the City of Corpus Christi
This Agreement for Exclusive Reservation of Recycled Water (the "Reservation") is
made by and between The City of Corpus Christi, acting by and through its authorized
representative, the City Manager or designee (the "City"), and Flint Hills Resources
Corpus Christi, LLC (FHR). FHR and the City may hereinafter be referred to as a "Party"
or collectively as the "Parties".
WHEREAS, FHR operates two petroleum refineries located in Corpus Christi, Texas;
WHEREAS, the Texas Commission on Environmental Quality has issued an
Authorization for Reclaimed Water to the City that provides the City with certain authority for
the use and transfer of reclaimed water or treated wastewater effluent, referred to in this
Agreement as "recycled water");
WHEREAS, FHR would like time to evaluate entering into a recycled water agreement
with the City;
WHEREAS, the City is subject to that certain Agreed Order issued by the Texas
Commission on Environmental Quality (TCEQ) Amending the Operational Procedures and
Continuing an Advisory Council Pertaining to Special Condition S.B., Certificate of
Adjudication No. 21-3214, Docket No. 2001-0230-WR, referred to in this Agreement as the
"Agreed Order";
NOW, THEREFORE, for and in consideration of mutual covenants herein contained,
it is agreed by and between the Parties as follows:
I. Reservation.
A. Term and Fee. Subject to the Agreed Order and all other applicable laws,
regulations and orders, for and in consideration of payment of a reservation fee in the
amount of Fifty Thousand Dollars ($50,000.00) to be paid within thirty days of the
date the City Manager or the City Manager's designee signs this Reservation,
("Reservation Fee"), the City will reserve for the exclusive benefit of FHR the capacity
for delivery of up to 2 million gallons per day (mgd) of recycled water/treated
wastewater effluent from the Allison Wastewater Treatment Plant (AWWTP), or 2
million mgd from any of the City's other wastewater treatment plants in the event that
the City will no longer be operating the AWWTP.
The Reservation shall start on the Effective Date and expire nine months from the
Effective Date. During the term of the Reservation, the City shall not enter into any
other agreement or reservation for the 2.0 mgd of treated wastewater effluent from
the AWWTP or an amount of treated wastewater effluent that would in any way
restrict the City's ability to furnish FHR the 2.0 mgd of treated wastewater effluent
subject to this Reservation.
The nine-month reservation period is to allow FHR time for evaluation, equipment
pilot testing and water quality testing to confirm suitability of the recycled water and
any onsite treatment cost for the intended industrial applications. Before the
expiration of the Reservation, FHR will inform the City in writing if it intends to enter
into a recycled water agreement(s) for either or both of its local refineries commonly
referred to as the FHR Corpus Christi West Refinery and the FHR Corpus Christi East
Refinery.
B. Effective Date.The Effective Date of this Reservation is the date upon which it
is signed by the City.
C. Termination. The City may terminate this Reservation in the event that FHR fails
to timely pay the $50,000.00 reservation fee and FHR has been provided written
notice of this failure and thirty (30) days to cure.
D. Extension. FHR may request to extend this Reservation for an additional three-
month period by providing the City with a written request at least thirty (30) days
prior to the termination date of this Agreement. If the City approves FHR's request
to extend this Reservation, upon FHR's payment of a reservation extension fee of
Thirty-Seven Thousand Five Hundred Dollars ($37,500), which must be received
by the City before the termination date, ("Reservation Extension Fee") this
Reservation will extend for a period of three months. The extended Reservation
shall be exclusive and during the extended term of the Reservation, the City shall
not enter into any other agreement or reservation for the 2.0 mgd of treated
wastewater effluent from the AWWTP or an amount of treated wastewater effluent
that would in any way restrict the City's ability to furnish FHR the 2.0 mgd of treated
wastewater effluent subject to this Reservation.
E. During the nine-month Reservation period, and the three-month extension period,
the City shall determine compliance with the Agreed Order with the assistance of
information provided by FHR related to FHR's planned effluent discharges. If during
the nine-month Reservation period, the City determines that planned use of effluent
by FHR does not comply with the Agreed Order, the City will refund the Reservation
Fee. If during the three-month extension period, the City determines that planned
use of effluent by FHR does not comply with the Agreed Order, the City will refund
the Reservation Fee and the Reservation Extension Fee.
F. Notices. Any notice provided for in this Reservation and any other notice,
demand or communication which any Party may wish to send to any other Party
relating to the subject matter of this Reservation shall be in writing and either
delivered by recognized national overnight courier delivery service such as Federal
Express, UPS or DHL, hand-delivered, or sent by regular U.S. postage prepaid,
and addressed to the Party for which such notice, demand, or communication is
intended at such Party's address as provided below. Copies of all notices to FHR
shall include a copy to:
If to FHR: Flint Hills Resources Corpus Christi LLC Texas, L.P.
PO Box 2608 (US Mail)
2825 Suntide Road (courier)
Corpus Christi, TX 78409
Attn: Plant Manager
Telephone: 361-242-8358
Facsimile: 361-242-4821
If to the City: City of Corpus Christi
2726 Holly Road
Corpus Christi, TX 78415
Attn: Gustavo Gonzalez, Assistant City Manager
Telephone: 361-826-1874
Facsimile: 361-826-1889
City of Corpus Christi
1201 Leopard Street
Corpus Christi, TX 78401
Attn: Veronica Ocanas, Senior Assistant City Attorney
Telephone: 361-826-3375
Facsimile: 361-826-3239
Any Party may change its address for notice hereunder to any other address by
giving written notice of such new address to the other Parties in accordance with
this Section. Any notice, demand, or other communication shall be in English, and
shall be deemed given and effective as of the date of delivery. The inability to
deliver because of a changed address of which proper notice was not given, or
rejection or other refusal to accept any notice, demand or other communication,
shall be deemed to be the receipt of the applicable notice, demand or other
communication as of the date of such inability to deliver or rejection or refusal to
accept. The date of notice shall be the date it is received by the addressee or the
office of the addressee, whichever is earlier.
II. Negotiation of Recycled Water Agreement Terms Within the Reservation Period.
A. The Two Refineries. Upon written notice at any time during the term of this
Reservation from FHR that it wishes to enter into a recycled water agreement for 2
mgd of recycled water, the Parties will negotiate the terms of any agreement in
good faith. The parties acknowledge that the recycled water agreement
negotiations are subject to the Agreed Order and applicable laws and regulations.
III. Reservation is Not a Reclaimed Water Supply Agreement.
A. The Parties recognize that this Reservation is an agreement to reserve 2 mgd
for a period of time, not an agreement to supply or deliver 2 mgd; that this
Reservation neither outlines the specific and essential terms for the delivery or
supply of recycled water, nor contains any prices or quantities for the delivery or
supply of recycled water; and that a future agreement(s) between the Parties will
be required in order to actually supply/deliver such water.
IV. Miscellaneous Terms.
A. Complete Agreement. This Reservation embodies the entire agreement
between the Parties hereto relating to the subject matter hereof, and supersedes
and replaces in their entirety all prior understandings and agreements relating to
the subject matter hereof.
B. Severability. Should any provision of this Reservation or portion hereof be
declared invalid, void or unenforceable, it shall not affect the validity or
enforcement of the remaining provisions or portion hereof which shall remain in full
force and effect as if the Reservation had been executed without such invalid, void
or unenforceable provision or portion hereof having been included.
C. Assignment. The Parties may not assign this Reservation without the written
consent of the other party which may not be unreasonably withheld. Arrangements
to effectuate the intent of this section may include FHR assigning, with City
Manager's written consent, its rights hereunder to a third party that FHR desires to
build/operate a facility that would treat/handle the water and sell such water to FHR
after such third party has purchased such water from the City.
D. Modification and Waiver. This Reservation may not be modified or amended
except by an instrument in writing duly executed by both Parties. Either party
hereto may, by an instrument in writing, waive compliance with or breach of any
term or provision of the Reservation by the other Party. The waiver by any Party
hereto of compliance with or breach of any term or provision of the Reservation
shall not be construed as a waiver of subsequent compliance or of any subsequent
breach.
E. Authority. Each person executing the Reservation represents that he or she has
been duly authorized to do so by the Party on whose behalf he or she is signing,.
and that in so doing he or she shall bind such Party to all of the terms hereof.
F. Counterparts. The Parties may execute the Reservation in identical multiple
counterparts, each of which shall be deemed an original and all of which together
shall constitute but a single instrument.
IN WITNESS WHEREOF,the parties hereto have executed this Reservation to be
effective upon approval by the City.
FHR: CITY:
Flint Hills` ces Corpus Christi, LLC CITY OF CORPUS CHRISTI
By: By:
Name: Name:
Title: .. 1 Title: