Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 09/30/2014Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, September 30, 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 Elder Henry Williams, Corpus Christi Christian Fellowship. C. Pledge of Allegiance to the Flag of the United States to be led by Donna James -Spruce, Safety & Risk Manager. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 14-001100 Proclamation declaring September 17, 2014 as, "Mission of Mercy Mobile Medical Program Clinic Day" Proclamation declaring October 3-9, 2014 as, "Ideas Week Corpus Christi" Proclamation declaring October 5-11, 2014 as, "National Fire Prevention Week" Proclamation declaring October 15, 2014 as, "Pregnancy and Infant Loss Awareness & Remembrance Day" Corpus Christi Page 1 Printed on 9/26/2014 City Council Meeting Agenda - Final September 30, 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 SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. 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. 14-001097 Executive session pursuant to Section 551.071 of the Texas Gov't Code for consultation with attorneys regarding Scorpio Development, LLC v. City of Corpus Christi, with possible discussion and action in open session. 3. 14-001098 Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. I. MINUTES: 4. 14-001099 Regular Meeting of September 23, 2014 Corpus Christi Page 2 Printed on 9/26/2014 City Council Meeting Agenda - Final September 30, 2014 Attachments: Minutes - September 23, 2014 J. BOARD & COMMITTEE APPOINTMENTS: 5 14-001101 Advisory Committee on Community Pride Corpus Christi Convention and Visitors Bureau Ethics Commission Food Service Advisory Committee Mayor's Fitness Council Regional Health Awareness Board Reinvestment Zone No. Three Board Retired and Senior Volunteer Program Advisory Committee Transportation Advisory Committee Watershore and Beach Advisory Committee Attachments: Board Appointments - September 30, 2014 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 6 - 17) 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. 6. 14-00923 Approving a construction contract and an engineering contract for construction observation services for the Wastewater Service Line Repair and Clean-out Installation and Man -hole Ring and Cover Adjustment Program FY 2014-2015 Motion authorizing the City Manager or designee to execute a construction contract with RCM Constructors, Inc. of Corpus Christi, Texas in the amount of $657,391 for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 for the base bid and to execute an engineering contract with Engineering & Construction Management Services, LLCof Corpus Christi, Texas in the amount of $69,300, for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 for construction Corpus Christi Page 3 Printed on 9/26/2014 City Council Meeting Agenda - Final September 30, 2014 observation services. Attachments: Agenda Memo - WVV Srvc Line Protect Budget - WW Srvc Line Location Map - WW Srvc Line Presentation - WW Srvc Line Contract - WW Srvc Line 7. 14-001029 Purchase Six Months End of Lease Extension from ePlus for Mobile Data Terminals used by Public Safety Motion authorizing the City Manager or designee to execute all documents necessary to purchase six months end of lease extension from ePlus of Herndon, Virginia for 207 Public Safety mobile data terminals in the amount of $31,643.43 per month for a total cost of $189,860.58. Funds are available in the MIS FY2013-2014 budget. Attachments: Agenda Memo - ePlus Extension End of Lease Options - ePlus 8. 14-001041 Purchase of Localizer Array System for the Corpus Christi International Airport Motion approving the purchase of a Localizer array system for the Corpus Christi International Airport (CCIA) with Thales ATM, U.S., Overland Park, Kansas, based on sole source for the total amount of $268,612.00. Ninety (90) percent of the project is funded through a Federal Administration Grant with a ten (10) percent local match. Attachments: Agenda Memo - Localizer Array System Price Sheet - Localizer Array System 9. 14-001065 Installation of Monitors for the Multi -User Flight Information Display System Motion approving the installation of twenty nine (29) monitors and related materials at the Corpus Christi International Airport (CCIA) for the Multi -User Flight Information Display System (MUFIDS) from MCFSA LTD., San Antonio, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $155,050.00. Funds have been budgeted in the Airport Fund No. 4610 in FY 2013- 2014. Attachments: Agenda Memo - Installation of Monitors for the Multi -User Flight Information Disi Price Sheet - Installation of Monitors for the Multi -User Flight Information Displa' 10. 14-001062 Approving a legal services contract with Tim Brown for general water issues Corpus Christi Page 4 Printed on 9/26/2014 City Council Meeting Agenda - Final September 30, 2014 Motion to authorize the City Manager or designee to execute a legal services agreement with Timothy L. Brown to advise the City on water rights and general water law issues, at monthly rate of $7,000 plus expenses. Attachments: Agenda Memo - Tim Brown Contract Resume - Timothy L Brown Letter Agreement - Tim Brown Legal Services Agmt 2014-2015 11. 14-001079 Approval of Tax Abatement Guidelines Resolution adopting the City's Guidelines and Criteria for Granting Tax Abatements Attachments: Agenda Memo - Guidelines Resolution - Guidelines 12. 14-00988 Second Reading Ordinance - Rezoning from Single -Family to Neighborhood Commercial and Multi -family at 7901 South Padre Island Drive (1st Reading 9/23/14) Case No. 0814-01 Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown: A change of zoning from "RS -6" Single Family 6 to "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2 resulting in a change to the Future Land Use Plan. The property is described as being 14.24 acres out of Lots 23 and 24, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located south of Williams Drive between Ennis Joslin Road and Paul Jones Avenue. Planning Commission and Staff Recommendation (August 13, 2014): Approval of the rezoning from the "RS -6" Single -Family 6 District to "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown ("Owners"), by changing the UDC Zoning Map in reference to a 14.24 -acre tract of land out of Lots 23 and 24, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District on Tract 1 and to the "RM -3" Multifamily 3 District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 5 Printed on 9/26/2014 City Council Meeting Agenda - Final September 30, 2014 Attachments: Agenda Memo - Gladys Mattie Smith Marital Trust Ordinance - Gladys Mattie Smith Marital Trust Aerial Map - Gladys Mattie Smith Marital Trust Zoning Report - Gladys Mattie Smith Marital Trust 13. 14-001058 Second Reading Ordinance - Appropriating fund proceeds in the City's Capital Improvement Program Funds (1st Reading 9/23/14) Ordinance appropriating funds as detailed in Attachment 1 summarized as follows: $19,293.27 in AIRPORT interest earnings for the City's match for future FAA Grant Projects; $201,380.61 in BOND PROCEED interest earnings for Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Convention Center, Parks, and Streets for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; $272,814.59 in UTILITY REVENUE BOND interest earnings for the support of the City's approved Capital Improvement Program; $135,529.63 in SPECIALTY BOND PROCEED interest earnings for Sales Tax Bonds for the Seawall, Packery Channel Bonds, and Energy Efficiency Bonds for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; and appropriating $239,234.33 in OTHER UNAPPROPRIATED FUNDS for Street Assessments, Construction Yard Lease Rental, Sale of Scrap, and Texas Department of Transportation Refund for the repair of city street due to private construction and other street expenses to be approved by City Council; and Changing the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to increase expenditures by total of $868,252.43. Attachments: Agenda Memo - Appropriations Ordinance - Appropriation Attachment One - Unappropriated Revenue 14. 14-001053 Second Reading Ordinance - Appropriating funds for Corpus Christi Downtown Revitalization Alliance (CCDRA) Development Director (1st Reading 9/23/14) Ordinance appropriating $30,000 in the Parking Improvement Fund 1040 from Parking Meter Collection revenue for payment to the Corpus Christi Downtown Revitalization Alliance and changing the FT2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures in the Parking Improvement Fund by $30,000. Attachments: Agenda Memo - Parking Imp Fund 09.23.2014 Ordinance - Parking Improvemnet Fund 2014 - Police Agreement - CCDRA signed Corpus Christi Page 6 Printed on 9/26/2014 City Council Meeting Agenda - Final September 30, 2014 15. 14-001075 Second Reading Ordinance - Appropriating funds to pay for emergency repairs to Police Department roof. (1st Reading 9/23/14) Ordinance appropriating $267,214.82 from the unreserved fund balance in the No. 1020 General Fund for emergency repairs to the roof of the Police Department; and changing the FY 2013-2014 operating budget adopted by Ordinance No. 029915 by increasing expenditures by $267,214.82. Attachments: Agenda Memo - Emergency PD Roof Repairs 09.17 Ordinance - PD roof repairs CM Memo - Emergency Roof Repairs 16. 14-00964 Second Reading Ordinance - Appropriating funds to refund wastewater lot/acreage fees paid (1st Reading 9/23/14) Ordinance appropriating $5,928.97 from the No. 4220 Wastewater Trunk System Trust Fund to refund Jack R. Day, Jr., the wastewater lot/acreage fee paid since wastewater services are not available nor will it be available within the next 5 years as related to Oak Terrace Unit 2, Block 4, Lot 6A. Attachments: Agenda Memo - Oak Terrace Unit 2 Ordinance - Appropriation- Oak Terrace Unit 2 Location Map - Appropriation,Oak Terrace Unit 2 Refund Request - 934 Graham Road - Appropriation,Oak Terrace Unit 2 17. 14-001032 Second Reading Ordinance - Approving a wastewater reimbursement agreement and appropriating funds for property located on the south side along Holly Road, east of Rodd Field Road (SH 357) and west of Encino Drive. (1st Reading 9/23/14) Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investment, Inc. ("Developer"), for the construction of a wastewater collection line and appropriating $243,846.90 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo - VM/Sandy Creek Ordinance - VVW Sandy Creek Aerial Map - WW Sandy Creek Agreement - WW Sandy Creek M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 18 - 21) Corpus Christi Page 7 Printed on 9/26/2014 City Council Meeting Agenda - Final September 30, 2014 The following items are motions, resolutions and ordinances that will be considered and voted on individually. 18. 14-001027 Second Reading Ordinance - Approving the Southside FM2444 Annexation (1st Reading 9/16/14) Ordinance annexing Laureles Farm Tracts adjacent to the City limits located along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41, commonly referred to as a portion of the Chapman Ranch and a portion of the proposed APEX Wind Farm; providing for a Municipal Services Plan for the annexed tracts of land; providing that the owner and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions and Rules; providing for amendment of the official maps of the City of Corpus Christi; designating area to be added to City Council District number 5; providing for severence; and providing an effective date. Attachments: Agenda Memo Southside FM 2444 Annexation Ordinance with Service Plan Location Map - Southside FM 2444 Annexation Property Owner Letter and Development Agreement 19. 14-001107 Approving the funding of utility improvements in the Southside FM2444 Annexation Area Resolution regarding the funding of utility improvements in the Southside FM2444 Annexation Area with property taxes from the area. Attachments: Agenda Memo - Wind Farm Property Tax Revenue.pdf Resolution - use of Southside annexation property taxes (5) 20. 14-001045 Development Agreements for Property Owners with Exemptions in the Southside FM 2444 Annexation Area Resolution granting a Development Agreement for properties in the Proposed Southside FM 2444 Annexation Area where the property contains an agricultural, wildlife management, or timber land exemption established by the Nueces County Appraisal District and where the property owner has requested the City grant a development agreement in lieu of annexation on their qualifying property; providing for a 15 year time limit; providing that the City will not annex land that is the subject of a Development Agreement; providing that the development agreement authorizes the City to enforce all regulations and planning authority of the municipality provided the authority does not interfere with the use of the area for agriculture, wildlife management, or timber land uses; providing that the area under the Development Agreement is considered adjacent or contiguous to the city; providing that the agreement is Corpus Christi Page 8 Printed on 9/26/2014 City Council Meeting Agenda - Final September 30, 2014 automatically terminated if the landowner files any type of subdivision plat or related development document regardless of how the property is appraised by the Nueces County Appraisal District; providing that the agreement will be filed with the Nueces County Clerk; providing for severance; and providing an effective date. Attachments: Agenda Memo - Development Agreements (3) Resolution - Development Agreements (3) Aerial Map - Development Agreement 21. 14-00979 Second Reading Ordinance - Approving the Capital Improvement Budget for fiscal year 2014-2015 (1st Reading 9/23/14) Ordinance approving the Fiscal Year 2014 - 2015 Capital Budget and Capital Improvement Planning Guide in the amount of $265,257,900. Attachments: Revised Agenda Memo - CIP Budget Revised Ordinance - CIP Budget Revised Presentation- Fiscal Year 2014 2015 CIP O. FIRST READING ORDINANCES: (ITEMS 22 - 23) 22. 14-001070 First Reading Ordinance - Amending City Code to implement cost of living increase for City employees Ordinance amending the Corpus Christi Code of Ordinances, Chapter 39, Personnel, Article III Employee Classification and Compensation System to revise Section 39-303, adjusting the pay grades and steps to implement a one and a half percent (1.5%) cost of living increase as approved in the Fiscal Year 2015 Budget and to add new pay grades 401 and 402; repealing conflicting ordinances and rules; providing for effective date and providing for severance. Attachments: Agenda Memo - Personnel Ordinance FINAL Ordinance - CLEAN Pay Rate Chart - Final 9.16.14 Ordinance - REDLINE Pay Rate Chart - Final 9.16.14 23. 14-001057 First Reading Ordinance - Appropriating program income revenue for laboratory and public health services Ordinance appropriating $459,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2014-2015 program income to fund laboratory and public health services for the period of September 1, 2014 through August 31, 2015. Attachments: Agenda Memo - Program Income Spreadsheet - Program Income Ordinance - Program Income Corpus Christi Page 9 Printed on 9/26/2014 City Council Meeting Agenda - Final September 30, 2014 P. FUTURE AGENDA ITEMS: (ITEMS 24 - 26) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 24. 14-00978 Supply agreement for lease of computers, servers and other computer peripherals and related products Motion approving a supply agreement with CSI Leasing, Inc., Saint Louis, Missouri for lease of approximately 300 desktop computers, 200 laptop computers, 20 servers, and other computer peripherals and related products in accordance with the State of Texas cooperative purchasing program and the City's Master Lease Agreement No. 1880CCC for an estimated expenditure of $1,398,138.27, of which $30,503.23 is required for the remainder of FY 2013-2014. The term of the contract will be for twelve months with an option to extend for up to three additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Attachments: Price Sheet - Lease of Computers Agenda Memo - Lease of Computers 25. 14-00921 Engineering construction contract for the Schanen Ditch Improvements Phase 2 Project Motion authorizing the City Manager, or designee, to execute a construction contract with Saenz Brothers Construction, LLC, in the amount of $678,276.00 for the Schanen Ditch Improvements Phase 2 project for Total Base Bid. Attachments: Agenda Memo - Schanen Ditch Location Map - Schanen Ditch Improvements Phase 2 Project Budget - Schanen Ditch Presentation - Schanen Ditch 26. 14-001088 Type A Grant for Accion Texas Loan Buy Down Program for Fiscal Year 2014-2015 Resolution approving the renewal of a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Accion Texas, Inc. ("Accion") to provide grant amount up to $250,000 for the interest buy down and grant programs for small businesses. Attachments: Agenda Memo - Accion Resolution - Accion Accion Type A Agreement 2012 - 2013 Q. BRIEFINGS TO CITY COUNCIL: (ITEM 27) Corpus Christi Page 10 Printed on 9/26/2014 City Council Meeting Agenda - Final September 30, 2014 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. 27. 14-001102 Texas State Aquarium Lease Agreement Attachments: Agenda Memo - Texas State Aquarium - PRESENTATION ITEM.pdf Presentation - Texas State Aquarium Lease Agreement 30Sept14.pdf R. ADJOURNMENT Corpus Christi Page 11 Printed on 9/26/2014 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, September 23, 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 Pastor Kevin Jennings, Mt. Olive Lutheran Church. Pastor Kevin Jennings gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Miles Risley, City Attorney. City Attorney Miles K. Risley led 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 the required Charter Officers were present to conduct the meeting. City Secretary Huerta announced that Council Member Leal has been granted a leave of absence. (Council Member Magill arrived at 11:37 a.m.) Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 8 - Mayor Nelda Martinez,Council Member Kelley AIIen,Council Member Rudy Garza,Council Member David Loeb,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Mark Scott Absent: 1 - Council Member Priscilla Leal E. Proclamations / Commendations 1. Proclamation declaring September 20-27, 2014 as, "2nd Annual National Estuaries Week" Proclamation declaring September 23, 2014 as, "Leave It Better Than You Found It Pledge Partner Day" Corpus Christi Page 1 Printed on 9/25/2014 City Council Meeting Minutes September 23, 2014 Proclamation declaring September 27, 2014 as, "Walk 'N Roll Celebration for Disability Awareness Day" Proclamation declaring the third week in September as, "Literacy Week" Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members Mayor Martinez presented the proclamation and conducted the swearing-in ceremony for newly appointed board, commission and committee members. F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez called for comments from the public. Jack Gordy spoke regarding the Joint Land Use Study (JLUS) and stated that he did not see where the Naval Air Station opposes the proposed windfarm. Jack Gordy, Susie Luna Saldana, Carrie Robertson Meyer, and Dan McQueen spoke in opposition to the southside annexation. Shane Torno and John Helm spoke in support of the southside annexation. Juan Araiza spoke regarding the rules of decorum and the lawsuit between the City and the Corpus Christi Firefighters' Association. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. Other Mayor Martinez referred to City Manager's Comments. City Manager Olson spoke regarding the following topics: 1) Mr. Olson stated that he took the "Leave It As You Found It" pledge on-line and presented the public service announcement. 2) City Manager Olson introduced the newly appointed Director of Development Services, Dan Grimsbo. 3) City Manager Olson attended the International City Management Association (ICMA) conference and stated that based on the knowledge received at the conference, he is going to focus on how to keep basic services running and include an element of fun in the community to make Corpus Christi a fun place. H. SPECIAL PRESENTATION ITEM 2. Impact to Broadcast Services Regarding the Proposed APEX Windfarm Development Mayor Martinez referred to Item 2. City Secretary Huerta stated that Council Member Magill recused himself from the discussion on this item. Don Dunlap, President and General Manager of South Texas Public Broadcasting System and representing local area broadcasters, stated that the purpose of this item is to present information on the impact the proposed APEX windfarm development will have on broadcast services on the southside and the island. Corpus Christi Page 2 Printed on 9/25/2014 City Council Meeting Minutes September 23, 2014 Mr. Dunlap stated that the local broadcasters are not against alternative energy, but are opposed to the windfarm at Chapman Ranch because of the location. The primary concerns of the broadcasters include: interference and obstruction of signals on the southside and the island; multi -path and doppler interference; obstruction to microwave paths and microwave systems; blocking of the remote truck signals on the island; blockage from the National Water Service signal; and funding already invested for technology for mobile television. Mr. Dunlap also provided information on the comments made that the turbines would create jobs; a lawsuit in the valley area regarding a windfarm's interference to broadcasting; and a map and results of a study from an area in Michigan that has a similar location as the proposed southside windfarm. Council Members asked questions regarding the proximity from the wind turbines to broadcast towers; the communication the local broadcasters have had with APEX; the effects the turbines will have on signals at the National Seashore, JFK Causeway and Flour Bluff area; multi -path interference; interference in the Kings Crossing area; and the fact that the proposed turbines will be the closest to a major population in all of the United States. I. EXECUTIVE SESSION: (ITEMS 3 - 4) 3. 4. Mayor Martinez referred to the day's executive sessions. City Secretary Huerta announced that Council Member Magill would recuse himself from the discussion and vote on Item 3. The Council went into executive session. Executive Session pursuant to Section 551.071 of theTexas Government Code and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys on annexation, with possible action and discussion in open session. Mayor Martinez referred to Item 3. Council Member Loeb made a motion to direct the City Manager that when the annexation item comes back for second reading, staff prepare a recommendation on how to have the tax revenue from the windfarm go to pay off the utility extensions so that the cost does not affect the utility customers, seconded by Council Member McIntyre and passed unanimously. Mayor Martinez announced that the second reading on annexation will be held on September 30th. Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. This E -Session Item was discussed in executive session. J. MINUTES: 5. Regular Meeting of September 16, 2014 Mayor Martinez called for approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Allen and passed unanimously. Corpus Christi Page 3 Printed on 9/25/2014 City Council Meeting Minutes September 23, 2014 K. BOARD & COMMITTEE APPOINTMENTS: (NONE) L. EXPLANATION OF COUNCIL ACTION: M. CONSENT AGENDA: (ITEMS 6 - 22) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. The consent agenda items were passed and approved by one vote as follows: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2 - Council Member Leal and Council Member Riojas Abstained: 0 6. Purchase of two (2) Police Interceptor sedans Motion approving the purchase of two (2) police interceptor sedans from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of $55,172.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-124 7. Purchase of thirty-one (31) Police Vehicles Motion approving the purchase of thirty-one (31) police vehicles from Sames Ford, Corpus Christi, Texas in accordance with Bid Invitation No. BI -0224-14, based on lowest responsible bid for a total expenditure of $794,185.49. Funds have been budgeted in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-125 8. Purchase of four (4) Tahoe Police Special Service Vehicles Motion approving the purchase of four (4) Tahoe police special service vehicles from Caldwell Country Chevrolet, Caldwell, Texas for a total expenditure of $133,088.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Corpus Christi Page 4 Printed on 9/25/2014 City Council Meeting Minutes September 23, 2014 Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-126 9. Purchase and Lease Purchase of Backhoes five (5) in total Motion approving the purchase of two (2) Series III Tractor Loader Backhoes and Lease Purchase of three (3) Series IV Tractor Loader Backhoes from Doggett Machinery of Corpus Christi, Texas, based on lowest responsible bid in accordance with Bid Invitation BI -0237-14 for a total amount of $364,353. The backhoe will be used by the Gas, Park & Recreation, Water and Wastewater Department. These units are replacement to the fleet. Funds for the purchase of (2) two tractor loader backhoes are available in the FY 2013-2014 Capital Outlay Budget of the Maintenance Services. Funds for the lease purchase of three (3) tractor loader backhoes will be provided through the City's lease/purchase financing program. This Motion was passed on the Consent Agenda. Enactment No: M2014-127 10. Purchase and Lease Purchase of five (5) CNG Vehicles, one (1) Hybrid Vehicle and four (4) Heavy Trucks Motion approving the purchase two (2) CNG vehicles, one (1) hybrid vehicle, four (4) heavy trucks and the lease -purchase of two (2) CNG Vans and one (1) heavy trucks from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of $403,915.23. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds for the purchase of the vehicles have been budgeted in FY 2013-2014. Financing for the lease -purchase of the vehicles will be provided through the City's lease -purchase financing contractor. This Motion was passed on the Consent Agenda. Enactment No: M2014-128 11. Purchase of one (1) Wheel Loader and one (1) Skid Steer Loader Motion approving the purchase of one (1) Wheel Loader and one (1) Skid Steer Loader from Waukesha - Pearce Industries Inc., Corpus Christi, Texas for the total amount of $97,519.53. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding for the purchase of the loaders is available in the Fleet Maintenance Services Fund in FY 2013- 2014. Corpus Christi Page 5 Printed on 9/25/2014 City Council Meeting Minutes September 23, 2014 This Motion was passed on the Consent Agenda. Enactment No: M2014-129 12. Purchase and Lease Purchase of six (6) Mowers, three (3) Tractors and seven (7) Heavy Trucks (CNG) Motion approving the purchase five (5) mowers, three (3) tractors, four (4) heavy trucks (CNG), and the lease -purchase of one (1) mower, and three (3) heavy trucks (CNG) from the following companies for the following amounts for a total amount of $1,593,206.52. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). Funding for the purchase of mowers, tractors and heavy trucks are available in the Capital Outlay Budget of the Maintenance Service Fund and the Municipal Information System Fund. Financing for the lease -purchase of mower and heavy trucks will be provided through the City's lease -purchase financing contractor. John Deere Company Houston Freightliner Kubota Tractor Corp. Cary, NC Houston, TX Torrance, CA Items 1, 2, & 3 Items 4, 5, 6, 7, 8 & 9 Items 10 & 11 $118,389.52 $1,391,583.00 $83,234.00 Grand Total: $1,593,206.52 This Motion was passed on the Consent Agenda. Enactment No: M2014-130 13. Purchase and Lease of five (5) Excavators 14. Motion approving the purchase of four (4) excavators and the lease purchase of one (1) excavator from Doggett Machinery, Corpus Christi, TX for the total amount of $221,674.00. The award is based on the lowest responsible bid in accordance to Bid Invitation BI -0223-14. Funding for the purchase of excavators is available in the Fleet Maintenance Services Fund in FY 2013-2014. Funds for the lease purchase of excavator will be provided through the City's lease purchase financing program. This Motion was passed on the Consent Agenda. Enactment No: M2014-131 Purchase of one (1) Forklift Motion approving the purchase of one (1) Forklift from American Corpus Christi Page 6 Printed on 9/25/2014 City Council Meeting Minutes September 23, 2014 Material Handling, Inc. Watkinsville, GA for the total amount of $58,863.00. The award is based on the lowest responsible bid in accordance with Bid Invitation BI -0226-14. Funding for the purchase of the forklift is available in Fleet Maintenance Services Fund in FY 2013- 2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-132 15. Approving new rental and recreational use fees for fiscal year 2014-2015 Resolution adding new rental and recreational use fees for fiscal year 2014-2015 and providing for publication; effective date; and severance of the same. This Resolution was passed on the Consent Agenda. Enactment No: 030288 16. Approving engineering contract amendment no. 2 for water program management 17. Motion authorizing the City Manager or designee to execute Amendment No. 2 to the engineering contract with URS Corporation of Corpus Christi, Texas in the amount of $250,000 for a total restated fee not to exceed $550,000 for Water Program Management. This Motion was passed on the Consent Agenda. Enactment No: M2014-133 Approving amendment no. 1 to the engineering services contract for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015 Motion authorizing the City Manager or designee to execute Amendment No. 1 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $97,687, for a total restated fee of $192,292 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015. This Motion was passed on the Consent Agenda. Enactment No: M2014-134 18. Resolution to acknowledge the Homeless Housing and Service Program funding from TDHCA to the Mother Teresa Shelter, Inc. Resolution to acknowledge the current FY2014-2015 funding allocation of $199,843 provided by the Texas Department of Housing Corpus Christi Page 7 Printed on 9/25/2014 City Council Meeting Minutes September 23, 2014 19. and Community Affairs to Mother Teresa Shelter, Inc. for the Homeless Housing and Services Program; and to have each City Council member submit a TDHCA "Uniform Previous Participation Form". This Resolution was passed on the Consent Agenda. Enactment No: 030289 Second Reading Ordinance - Accepting and appropriating grant and reimbursement funds from Texas State Library and Archives Commission for special library services (1st Reading 9/16/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas State Library and Archives Commission ("TSLAC") in the amount of $8,373 for the Impact Grant, in the amount of $37,226 for the Special Projects Grant, in the amount of $4,822 for the Edge Implementation Reimbursement Program, and in the amount of $3,000 for the Texas Reads Grant; and appropriating $53,421 from TSLAC in the Library Grants Fund No. 1068. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030290 20. Second Reading Ordinance - Accepting and appropriating amendment no. 2 of the Federal Aviation Administration grant for upgrading security and perimeter road systems at the airport (1st Reading 9/16/14) Ordinance appropriating $92,864 from the Federal Aviation Administration Grant No. 3-48-0051-048-2011, Amendment No. 2, in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; changing the FY 2013-2014 capital budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $92,864. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030291 21. Second Reading Ordinance - Appropriating Federal Aviation Administration grant funds for taxiway improvements at the airport (1st Reading 9/16/14) Ordinance appropriating $6,500,000 from the Federal Aviation Administration Grant No. 3-48-0051-051-2014 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiways B, B1, B2, B3, B4 and B5 at Corpus Christi International Airport; changing the FY 2013-2014 capital budget adopted by Ordinance No. 029916 by Corpus Christi Page 8 Printed on 9/25/2014 City Council Meeting Minutes September 23, 2014 increasing revenues and expenditures by $6,500,000. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030292 22. Second Reading Ordinance - Amending the Capital Improvement Budget to accelerate funding for Mary Rhodes Pipeline Phase 2 due to change in fiscal year (1st Reading 9/16/14) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by accelerating funding for the Mary Rhodes Pipeline Phase 2 in the amount of $14,000,000 from Fiscal Year 2015 to Fiscal Year 2014; and increasing expenditures in the amount of $14,000,000. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030293 N. PUBLIC HEARINGS: (ITEM 23) 23. Public Hearing and First Reading Ordinance - Rezoning from Single -Family to Neighborhood Commercial and Multi -family at 7901 South Padre Island Drive Case No. 0814-01 Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown: A change of zoning from "RS -6" Single Family 6 to "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2 resulting in a change to the Future Land Use Plan. The property is described as being 14.24 acres out of Lots 23 and 24, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located south of Williams Drive between Ennis Joslin Road and Paul Jones Avenue. Planning Commission and Staff Recommendation (August 13, 2014): Approval of the rezoning from the "RS -6" Single -Family 6 District to "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown ("Owners"), by changing the UDC Zoning Map in reference to a 14.24 -acre tract of land out of Lots 23 and 24, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District on Tract 1 and to the "RM -3" Multifamily 3 District on Tract 2; amending the Comprehensive Plan to account for any Corpus Christi Page 9 Printed on 9/25/2014 City Council Meeting Minutes September 23, 2014 deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 23. Annika Gunning with Development Services stated that the purpose of this item is to rezone the subject property to allow for commercial development and the construction of a student housing development. Ms. Gunning stated that the Planning Commission and staff were in favor of the zoning change. Council Member McIntyre made a motion to open the public hearing, seconded by Council Member Garza and passed. There were no comments from the Council or the public. Council Member Garza made a motion to close the public hearing, seconded by Council Member McIntyre and passed. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2 - Council Member Leal and Council Member Riojas Abstained: 0 O. REGULAR AGENDA: (ITEMS 24 - 25) 24. Second Reading Ordinance - Adopting the Proposed FY 2014-2015 Operating Budget (1st Reading 9/16/14) Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning October 1, 2014; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. Mayor Martinez referred to Item 24. Assistant Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to adopt the second reading of the FY2014-2015 Operating Budget, with proposed revenues of $824,137,546 and proposed expenditures of $830,367,690. Mr. Houlihan stated that the attachment sheet includes the amendments made at the last meeting. There were no comments from the public. In response to a council member, Mr. Houlihan stated that the authorized number of police officers is 449. This Ordinance was passed on second reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2 - Council Member Leal and Council Member Riojas Abstained: 0 Enactment No: 030294 25. Second Reading Ordinance - Adjusting Water, Wastewater and Gas Rates (1st Reading 9/16/14) Ordinance amending the Code of Ordinances, Chapter 55, regarding Corpus Christi Page 10 Printed on 9/25/2014 City Council Meeting Minutes September 23, 2014 water, gas and wastewater rates and fees; water laboratory charges; compressed natural gas rates and charges; providing for publication, providing for severance, and providing effective date. Mayor Martinez referred to Item 25. Assistant Director of Management and Budget Eddie Houlihan stated that the purpose of this item is to adjust the water, wastewater and gas rates that support the FY2014-2015 budget. There were no comments from the Council or the public. This Ordinance was passed on second reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2 - Council Member Leal and Council Member Riojas Abstained: 0 Enactment No: 030295 P. FIRST READING ORDINANCES: (ITEMS 26 - 31) 26. First Reading Ordinance - Approving the Capital Improvement Budget for fiscal year 2014-2015 Ordinance approving the Fiscal Year 2014 - 2015 Capital Budget and Capital Improvement Planning Guide in the amount of $265,257,900. Mayor Martinez referred to item 26. Assistant City Manager Gus Gonzalez stated that the purpose of this item is to approve the first reading of the FY2014-2015 Capital Budget and Capital Improvement Planning (CIP) Guide. Mr. Gonzalez said the purpose of the planning guide is to identify, prioritize, fund and construct projects that are needed to enhance the quality of life for the community. Mr. Gonzalez referred to a powerpoint presentation including the total funding breakdown for the capital improvement program; the year 1 program highlights and funding sources for the Airport, Park and Recreation, Public Facilities, Public Health and Safety, Streets, Gas; Storm Water, Water, Water Supply. The Wastewater component of approximately $47 million will not be provided until after the discussion on the consolidation of the wastewater treatment plan. Council members asked questions regarding the following topics: an update on the Flour Bluff Collection Station and Gollihar Outflow box; land acquisition for Flour Bluff Collection Station; the use of storm water unrestricted reserves to buy down the water rates; funding support for projects should Bond 2014, Propositions 1 and 2 pass; the elimination of the wastewater component from the capital budget; and improvements to address litter at the Gollihar Outflow. Council Member Scott made a motion to direct the City Manager to add the wastewater tab to the CIP, seconded by Council Member McIntyre and passed unanimously. Mayor Martinez called for comments from the public. Susie Luna Saldana requested that the Council remember that the decisions they make impact the taxpayers. Abel Alonzo commended Mr. Gonzalez and staff for their Corpus Christi Page 11 Printed on 9/25/2014 City Council Meeting Minutes September 23, 2014 commitment to do what is best for the City. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member McIntyre and Council Member Scott Nay: 1 - Council Member Magill Absent: 2 - Council Member Leal and Council Member Riojas Abstained: 0 27. First Reading Ordinance - Appropriating fund proceeds in the City's Capital Improvement Program Funds Ordinance appropriating funds as detailed in Attachment 1 summarized as follows: $19,293.27 in AIRPORT interest earnings for the City's match for future FAA Grant Projects; $201,380.61 in BOND PROCEED interest earnings for Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Convention Center, Parks, and Streets for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; $272,814.59 in UTILITY REVENUE BOND interest earnings for the support of the City's approved Capital Improvement Program; $135,529.63 in SPECIALTY BOND PROCEED interest earnings for Sales Tax Bonds for the Seawall, Packery Channel Bonds, and Energy Efficiency Bonds for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; and appropriating $239,234.33 in OTHER UNAPPROPRIATED FUNDS for Street Assessments, Construction Yard Lease Rental, Sale of Scrap, and Texas Department of Transportation Refund for the repair of city street due to private construction and other street expenses to be approved by City Council; and Changing the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to increase expenditures by total of $868,252.43. Mayor Martinez referred to Item 27. Interim Executive Director of Public Works Valerie Gray stated that the purpose of this item is to appropriate funding from various sources in the amount of $868,252.43, which can be used for approved projects and debt service payments. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2 - Council Member Leal and Council Member Riojas Abstained: 0 Corpus Christi Page 12 Printed on 9/25/2014 City Council Meeting Minutes September 23, 2014 28. First Reading Ordinance - Appropriating funds for Corpus Christi Downtown Revitalization Alliance (CCDRA) Development Director Ordinance appropriating $30,000 in the Parking Improvement Fund 1040 from Parking Meter Collection revenue for payment to the Corpus Christi Downtown Revitalization Alliance and changing the FT2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures in the Parking Improvement Fund by $30,000. Mayor Martinez referred to Item 28. Police Chief Floyd Simpson stated that the purpose of this item is to appropriate $300,000 from the Parking Improvement Fund for payment to the Corpus Christi Downtown Revitalization Alliance to hire a Development Director to apply for and obtain grants for revitalization efforts. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2 - Council Member Leal and Council Member Riojas Abstained: 0 29. First Reading Ordinance - Appropriating funds to pay for emergency repairs to Police Department roof. Ordinance appropriating $267,214.82 from the unreserved fund balance in the No. 1020 General Fund for emergency repairs to the roof of the Police Department; and changing the FY 2013-2014 operating budget adopted by Ordinance No. 029915 by increasing expenditures by $267,214.82. Mayor Martinez referred to Item 29. Assistant Director of Budget Eddie Houlihan stated that the purpose of this item is to appropriate funds for the emergency repair of the Police Department building roof in the amount of $267,214.82. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2 - Council Member Leal and Council Member Riojas Abstained: 0 30. Second Reading Ordinance- Appropriating funds to refund wastewater lot/acreage fees paid (1st Reading 9/23/14) Ordinance appropriating $5,928.97 from the No. 4220 Wastewater Trunk System Trust Fund to refund Jack R. Day, Jr., the wastewater lot/acreage fee paid since wastewater services are not available nor will it be available within the next 5 years as related to Oak Terrace Corpus Christi Page 13 Printed on 9/25/2014 City Council Meeting Minutes September 23, 2014 Unit 2, Block 4, Lot 6A. Mayor Martinez referred to Item 30. Director of Development Services Dan Grimsbo stated that the purpose of this item is to appropriate $5,928.97 from the Wastewater Trunk System Trust Fund to refund Jack R. Day, Jr. the wastewater lot/acreage fee paid since wastewater services are not available nor will be available within the next five (5) years. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2 - Council Member Leal and Council Member Riojas Abstained: 0 31. First Reading Ordinance - Approving a wastewater reimbursement agreement and appropriating funds for property located on the south side along Holly Road, east of Rodd Field Road (SH 357) and west of Encino Drive. Q. Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investment, Inc. ("Developer"), for the construction of a wastewater collection line and appropriating $243,846.90 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. Mayor Martinez referred to Item 31. Director of Development Services Dan Grimsbo stated that the purpose of this item is to authorize the execution of a wastewater collection line extension construction and reimbursement agreement with Palm Land Investment, Inc. for the construction of a wastewater collection line in the amount of $243,846.90. Mr. Grimsbo stated that the total project is $498,711.04, and at this time, the City can only reimburse $243,846.90 from current funds available. In response to Mayor Martinez, Executive Director of Utilities Mark Van Vleck stated that the funds should be available within the next 8 to 9 months and staff is discussing an option to transfer funds from the water trust fund to the wastewater trust fund. There were no comments from the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 2 - Council Member Leal and Council Member Riojas Abstained: 0 FUTURE AGENDA ITEMS: (ITEMS 32 - 37) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff did not have any planned presentations. A council members asked questions regarding Item 32. Corpus Christi Page 14 Printed on 9/25/2014 City Council Meeting Minutes September 23, 2014 32. Approving a construction contract and an engineering contract for construction observation services for the Wastewater Service Line Repair and Clean-out Installation and Man -hole Ring and Cover Adjustment Program FY 2014-2015 Motion authorizing the City Manager or designee to execute a construction contract with RCM Constructors, Inc. of Corpus Christi, Texas in the amount of $657,391 for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 for the base bid and to execute an engineering contract with Engineering & Construction Management Services, LLCof Corpus Christi, Texas in the amount of $69,300, for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 for construction observation services. This Motion was recommended to consent agenda. 33. Purchase Six Months End of Lease Extension from ePlus for Mobile Data Terminals used by Public Safety Motion authorizing the City Manager or designee to execute all documents necessary to purchase six months end of lease extension from ePlus of Herndon, Virginia for 207 Public Safety mobile data terminals in the amount of $31,643.43 per month for a total cost of $189,860.58. Funds are available in the MIS FY2013-2014 budget. This Resolution was recommended to consent agenda. 34. Purchase of Localizer Array System for the Corpus Christi International Airport Motion approving the purchase of a localizer array system for the Corpus Christi International Airport (CCIA) with Thales ATM, U.S., Overland Park, Kansas, based on sole source for the total amount of $268,612.00. Ninety (90) percent of the project is funded through a Federal Administration Grant with a ten (10) percent local match. This Motion was recommended to consent agenda. 35. Installation of Monitors for the Multi -User Flight Information Display System Motion approving the installation of twenty nine (29) monitors and related materials at the Corpus Christi International Airport (CCIA) for the Multi -User Flight Information Display System (MUFIDS) from MCFSA LTD., San Antonio, Texas in accordance with the State of Corpus Christi Page 15 Printed on 9/25/2014 City Council Meeting Minutes September 23, 2014 Texas Cooperative Purchasing Program for a total expenditure of $155,050.00. Funds have been budgeted in the Airport Fund No. 4610 in FY 2013- 2014. This Motion was recommended to consent agenda. 36. Approving a legal services contract with Tim Brown for general water issues Motion to authorize the City Manager or designee to execute a legal services agreement with Timothy L. Brown to advise the City on water rights and general water law issues, at monthly rate of $7,000 plus expenses. This Motion was recommended to consent agenda. 37. Approval of Tax Abatement Guidelines Resolution adopting the City's Guidelines and Criteria for Granting Tax Abatements This Resolution was recommended to consent agenda. R. BRIEFINGS TO CITY COUNCIL: (ITEM 38) 38. Economic Development Overview Mayor Martinez referred to Item 38. Business Liaison Alyssa Barrera stated that the purpose of this item is to provide an overview of economic development. Ms. Barrera provided an overview of the comprehensive community economic policy statement. Roland Mower, President & CEO of the Corpus Christi Regional Economic Development Corporation, provided a review of the current local incentives that are frequently used, the state and federal incentives; and the ten (10) focus areas of the Regional Economic Development Strategies. Ms. Barrera presented the regional economic development funding and recent strategic planning efforts. David Spillane, Principal with Goode and Clancy, presented an overview of the analysis for Plan CC, the comprehensive plan and a schedule for the Corpus Christi Downtown Area Development Plan. Council members spoke regarding the following topics: manufacturing being one of the emerging economic sectors; a studying on alndata.com showing Corpus Christi rental rates are the second highest in the state; an article in the Chicago Tribune highlighting Corpus Christi; the affordable housing crisis; gap financing for tax increment financing districts (TIF); infill redevelopment policy discussions; addressing the property maintenance code; and abatement practices. Council members recognized Roland Mower for his service to the community. S. ADJOURNMENT Corpus Christi Page 16 Printed on 9/25/2014 City Council Meeting Minutes September 23, 2014 The meeting was adjourned at 4:40 p.m. Corpus Christi Page 17 Printed on 9/25/2014 a. ADVISORY COMMITTEE ON COMMUNITY PRIDE — Two (2) vacancies with terms to 8-25-16. (Appointed by the Mayor with approval of the Council.) DUTIES: To advise the Mayor and City Council on development and implementation of a comprehensive community pride campaign that will interrelate with the efforts and purpose of the Clean City Advisory Committee. COMPOSITION: The committee shall consist of eleven (11) members appointed by the Mayor with approval of the City Council to serve two-year terms. Of the initial members, six (6) members shall serve a two-year term and five (5) members shall serve a one-year term, as determined by a drawing to be conducted by the City Secretary's Office. Thereafter, all terms shall be two (2) years. The Director of Public Information and the Director of Neighborhood Services shall serve as ex -officio without vote. ORIGINAL MEMBERS TERM APPTD. DATE ***Kent A. Cooper 8-25-16 5-27-14 Christina Hernandez 8-25-15 6-28-11 Laurie Turner 8-25-15 2-11-14 Bob Copes, Chair 8-25-15 6-19-12 Mike Munoz 8-25-16 8-12-14 Paul Gottemoller 8-25-16 8-14-12 Brittney Richerson 8-25-15 5-27-14 ***Belinda Rocha 8-25-16 5-14-13 Lily Gonzalez 8-25-16 5-27-14 Criselda Lujan Carrasco 8-25-15 8-12-14 Bill Hoelscher 8-25-15 8-27-13 Director of Public Information Ex -Officio, Nonvoting Director of Neighborhood Services Ex -Officio, Nonvoting Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation INDIVIDUALS EXPRESSING INTEREST Denise Gallimore 3202 Laguna Shores Rd, 78418 Marie T. Guajardo 6721 Oakgate, 78413 Property Manager and Sales Agent, Group One. Community Activities include: Corpus Christi Association of Realtors, and National Association of Residential Property Managers. (9/19/14) Director of Marketing Generation Texas, Coastal Bend Partners for College and Career Readiness. Received a BBA from The University of Texas — San Eric Newman 5053 Middlecoff Circle, 78413 Leo Rios 421 Sharon, 78412 Antonio. Community Activities include: Career & Technology High School Steering Committee, Landmark Commission, Keep Every Youth in School (K.E.Y.S.), Miracle League of Corpus Christi, P-16 Committee, Junior Achievement, UTSA Minority Small Business Development Center Internship and Del Mar College G.E.D. Program volunteer. (Currently serves on Landmark Commission, but will resign if appointed.) (9/15/14) CR & Marketing Supervisor, Braselton Homes. Community Activities include: CASA, Corpus Christi Education Foundation, American Advertising Federation and Corpus Christi Green Built. (11/11/14) Realtor, Remax Associates. Community Activities include: Leadership Corpus Christi Class 40, Hispanic Chamber of Commerce, Texas Political Action Committee, Buc Days Buccarader, and Knights of Columbus. (Currently serves on Landmark Commission, but will resign if appointed.) (9/19/14) b. CORPUS CHRISTI CONVENTION AND VISITORS BUREAU — Six (6) vacancies with terms to 10-1-16 representing the following categories: 4 — At Large, 1 - Restaurant Industry and 1 — Attraction Industry. DUTIES: To solicit various organizations and associations to conduct meetings/conventions/tradeshows within Corpus Christi year-round; to promote the City as a year-round destination; to design and implement an advertising campaign with state, national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings; to provide support services to conventions in Corpus Christi; to operate visitor information centers; to provide information and advice to businesses interested in tourism and convention -related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention -related businesses to assist City planning efforts. COMPOSITION: Eleven (11) members selected directly by the City Council. The members shall be representatives of the following groups: 2 - hotel industry; 2 — attraction industry; 2 — restaurant industry; and 5 - community at large. The Mayor and City Manager, or their designees, shall serve as ex -officio non-voting members of the Board. In addition, the Council will appoint a representative from the Port of Corpus Christi Authority, a representative from the Regional Transportation Authority and a representative from the C.C. International Airport to serve as ex -officio advisory non- voting members. Appointments will be for staggered, two-year terms. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. ORIGINAL MEMBERS TERM APPTD. DATE *Ken Griffin (At Large) 8-01-14 4-12-11 *James "Jim" Needham (At Large) 8-01-14 7-31-12 Angie Flores Granado (At Large) 8-01-15 7-19-11 Rakesh (Rick) Patel (Hotel Industry) 8-01-15 7-19-11 *Darcy Jones (At Large) 8-01-14 7-31-12 *Toby Hammett Futrell (At Large) 8-01-14 7-31-12 Kaushik "Sheik" Bhakta (Hotel Industry) 8-01-15 7-19-11 * * * * *Mark Schaberg (Restaurant Industry) 8-01-14 8-12-08 Daniel Dain (Restaurant Industry) 8-01-15 7-28-09 *****Tom Schmid (Attraction Industry) 8-01-14 11-11-08 Michael Womack (Attraction Industry) 8-01-15 8-12-08 Terry Klinger (RTA representative) Ex -officio, non-voting Patricia Cardenas (Port of CC representative) Ex -officio, non-voting Fred Segundo (C.C. International Airport) Ex -officio, non-voting Mayor Nelda Martinez Ex -officio, non-voting City Manager Ron Olson Ex -officio, non-voting Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Ken Griffin (At Large) 13 11 (2exc) 85% James "Jim" Needham (At Large) 13 12 (lexc) 92% Darcy Jones (At Large) 13 10 (3exc) 77% Toby Hammett Futrell (At Large) 13 9 (4exc) 69% (The Corpus Christi Convention and Visitors Bureau is recommending the reappointments of Ken Griffin (At Large), James "Jim" Needham (At Large), Darcy Jones (At Large) and Toby Hammett Futrell (At Large). They are also recommending the new appointments of Terri Adams (Attraction Industry) and Jason Rodriguez (Restaurant Industry) with alternates of James Kunau (Attraction Industry) and Douglas Allison (Restaurant Industry). The committee is required to submit at least two names for consideration.) OTHER INDIVIDUALS EXPRESSING INTEREST Terri Adams 174 Hidden Meadows Dr. New Braunfels, TX 78132 Douglas Allison 4920 Ocean Dr., 78412 Eugene C. Guernsey 340 Grant Place, 78411 Chief Operating Officer, Schlitterbahn Waterparks and Resorts. Community Activities include: Texas Travel Industry Association, San Antonio Tourism Council and New Braunfels Chamber of Commerce. (Attraction Industry) (9/8/14) Self -Employed, Attorney. Co -Owner of Bleu Bistro. Graduate of Austin College and St. Mary's School of Law. (Restaurant Industry) (9/15/14) President/Broker, Gene Guernsey & Associates, Inc. Realtors. Associates degree from Del Mar College. Leadership Corpus Christi XXVII and Certified Relocation Professional. Activities include: CC Navy League Board President for 10+ years, Chamber of Commerce, Chamber Chairman's Award Recipient, Ambassador of the Year 1998, Corpus Christi Association of Realtors, and Member of the Diocese of CC Bishops Guild. (At Large) (7/10/14) David Keith 7410 Parsley Ct., 78414 James Kunau 92 Lake Shore Dr., 78413 Jason Rodriguez 6721 Sahara, 78412 Director, YWCA. Received a B.S. in Recreation Management from Denver State University and MPA from University of Texas at Tyler. Previously Served on Parks and Recreation Review Board. Community Activities include: National Eagle Scout Association and Coors Alumni Group. (At Large) (5/14/14) General Manager, Hurricane Alley Waterpark. Received a BS in Accountancy from the University of Louisville. (Serves on the Museum of Science and History Advisory Board. Will resign if appointed.) (Attraction Industry) (9/15/14) Owner, Hester's Cafe and Coffee Bar. Attended Tarrant County Junior College. Community Activities include: Journey to Damascus Board and SEA District. (Restaurant Industry) (9/12/14) c. ETHICS COMMISSION — Three (3) vacancies with terms to 10-01-17. (Requires 2/3 vote of the full Council.) DUTIES: In addition to having jurisdiction over complaints involving any "city official", the duties of this commission are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the city council; review all public opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall comply with the Texas Open Meetings Act. COMPOSITION: Nine members appointed by a two-thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city, but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three members shall be two years, thereafter, they shall serve three-year terms. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice -chairperson. ORIGINAL MEMBERS TERM APPTD. DATE *David Ghably 10-01-14 07-22-14 *Haysam D. Dawod, Chair 10-01-14 07-20-10 Ken Bung 10-01-16 10-12-10 Harry Hallows 10-01-16 10-12-10 *Larry L. White 10-01-14 11-08-11 Karon K. Connelly, Vice -Chair 10-01-15 06-19-12 Arthie Lee Brown 10-01-15 12-18-12 Alicia G. Benavidez 10-01-15 12-18-12 Rod Wolthoff 10-01-16 07-09-13 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR David Ghably 2 2 100% Haysam D. Dawod 7 6 86% Larry L. White 7 7 100% OTHER INDIVIDUALS EXPRESSING INTEREST Isabel L. Barrera 3426 Brawner Parkway, 78411 Drue Jones 1400 Ocean Dr., 604B, 78404 Ricardo Pedraza 317 Peoples St. #207, 78401 Craig A. Rogers 15837 Grenadine, 78418 President/CEO, Maven Consulting. Received a B.A. in Cognitive Science, M.A. in Communications and M.S. in Applied Cognition and Neuroscience. Community Activities include: SHRM, CBSHRM, Volunteer for KEDT, Leadership Corpus Christi, Ronald McDonald House, YWCA, Pride Corpus Christi, Dia De Los Muertos Festival and VDay. 2012 and 2013 CC Under 40 Honoree. (7/11/14) Assistant Professor of Business Administration, Del Mar College. Broker/Owner and Director of Marketing for Drue Jones Real Estate. Texas Real Estate Broker. Received MBA from Texas A&M University and a Master of Science in Education from Central Missouri State University. Activities include: Goodwill Ambassador, created the Luther Jones Scholarships, Leadership Corpus Christi, Class XV Graduate, and previously served on the Sister City Committee. (10/31/13) Project Engineer, HDR Engineering. Received BS and MS in Civil Engineering from Texas A&M University -Kingsville, Texas. Licensed Professional Engineer. Community Activities include: Rotarian and Knights of Columbus. Graduate of Leadership Corpus Christi Class 43. (8/18/14) Managing Attorney, GEICO. Received JD from University of Texas Law School and BBA in finance from Sam Houston State University. Graduated Magna Cum Laude. Assistant City Attorney, Municipal Court Corpus Christi (2012). Previously a publisher for Gulfscapes Magazine 2008-2012. Community activity: Candidate for District Attorney, Comal County and Barefoot Mardi Gras Planning Committee 2014. (7/01/14) d. FOOD SERVICE ADVISORY COMMITTEE — Five (5) vacancies with terms to 6-24- 16 and 6-24-17 representing the following categories: 3 — Community at Large and 2 — Food Industry. DUTIES: The functions will be to advise the Director of Health on application of ordinances regarding food and food establishments, review the permit fees annually to ensure the cost of the program is returned to the City, and to conduct hearings pursuant to the sections of the ordinance relating to revocations and to make written recommendations to the City health officer whether to revoke or suspend a food manager's permit, pursuant to Art.19-84. COMPOSITION: Seven (7) members. The membership shall consist of four (4) local food managers from the food service or food processing industries and three (3) persons from the community at large. Members of the committee shall be appointed by the City Council for staggered terms so that at least one industry representative, and one community member are reappointed each year. No voting member may serve more than two terms of three years each with the exception of those initially appointed for less than a full three- year term. ORIGINAL MEMBERS TERM APPTD. DATE *Carlos R. Moreno (Food Industry) 6-24-14 3-08-11 Lisa Pollakis (Food Industry), Chair 6-24-15 6-30-09 Jack Baker (Food Industry) 6-24-15 6-30-09 *Manuel Ortega (Community at Large) 6-24-14 11-08-11 *Robert Boyle (Community at Large) 6-24-14 12-7-10 *****Gabriel G. Hernandez (Food Industry) 6-24-13 6-19-07 *Anthony Hernandez (Community at Large) 6-24-13 4-13-10 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Carlos R. Moreno (Food Ind.) 5 1 20% Manuel Ortega (Comm. at Lg.) 5 5 100% Robert Boyle (Comm. at Lg.) 5 4 80% Anthony Hernandez (Comm. at Lg.) 4 4 100% (Staff is recommending the realignment of Anthony Hernandez (Community at Large) to Food Industry category.) OTHER INDIVIDUALS EXPRESSING INTEREST George Brown 3418 Denver #2, 78411 Dr. Patricia Polastri 1605 Ocean Dr., 78404 Self -Employed, Instructor/Proctor for ServSafe in Food Services and Food Safety. Attended Del Mar College. Served in the United States Marine Corps. (Food Industry or Community at Large) (4/24/14) Professor in Management, Texas A&M University - Kingsville. Received Bachelors in Business Administration -Marketing, Masters in Business Administration — International Business, and PhD in Technology Management. (Community at Large) (3/11/14) (Note: Staff has made efforts to recruit bios for this Committee since June 2013. If Council wishes, these appointments can be postponed for further recruitment efforts.) e. MAYOR'S FITNESS COUNCIL — Two (2) vacancies with terms to 5-11-15 and 5-11- 16 representing the following categories: 1 — senior initiatives and 1 — worksite wellness. (Appointed by the Mayor with approval of the Council.) DUTIES: To advise the City Council, City Manager, Parks Department and Health District regarding promotion of healthy living, including but not limited to the following activities: Encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. In addition, to collaborate with community leaders in all sectors to develop and implement policy and environmental improvement strategies that will help combat chronic disease such as diabetes, cardio pulmonary disease, and cancer. COMPOSITION: The committee shall consist of nine (9) members appointed by the Mayor with approval of the City Council. The committee shall consist of individuals representing the following categories: 1 - Health Care/Medical Professionals, 1 - Worksite Wellness, 1 - Disability Networks, 1 - Senior Initiatives, 1 - Youth Initiatives, 1 - Community Outreach and 3 — At Large members. Staggered terms are as follows: Five terms shall end in even numbered years: Health Care/Medical Professionals, Senior Initiatives, Youth Initiatives, Community Outreach and one (1) At Large member. Four terms shall end in odd numbered years: Worksite Wellness, Disability Networks, and two (2) At Large members. Thereafter, all terms shall be two (2) years. Ex -officio members will include Director of Parks and Recreation, and the Director of the City County Public Health District. ORIGINAL MEMBERS TERM APPTD. DATE *Vacant, (Senior Initiatives) 5-11-14 Wade Spenst (At Large), Chair 5-11-15 5-11-10 Rick Hayley (At Large), Vice -Chair 5-11-16 5-11-10 Rodney Brown (At Large) 5-11-15 2-21-12 Kimberly Cook (Disability Networks) 5-11-15 5-08-12 Raquel Richardson (Community Outreach) 5-11-16 5-08-12 Dr. Roland Hernandez (Youth Initiatives) 5-11-16 5-14-13 Dr. Ana Maria Paez (Health/Med. Prof.) 5-11-16 8-12-14 ***Patricia Garcia (Worksite Wellness) 5-11-15 8-27-13 Director of Park and Recreation Ex -Officio, Nonvoting Director of City County Public Health District Ex -Officio, Nonvoting Legend: *Vacant **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation INDIVIDUALS EXPRESSING INTEREST: Richard Burnett 4421 Gaines St., 78412 David Keith 7410 Parsley Ct., 78414 Dr. Misty Kesterson 13765 Three Fathoms Bank Drive, 78418 Brent Norman 5701 Saratoga Blvd, 78414 Assistant Director of Strength and Conditioning, Texas A&M University -Corpus Christi. Received a B.S. in Kinesiology — Exercise Science and an M.S. in Kinesiology. Certifications include: National Strength and Conditioning Assn., and Collegiate Strength and Conditioning Coaches Assn. Activities include: American Heart Association's Heart Walk at Whataburger Field, Volunteered with Mayor's Fitness Council working with Pinnacle Performance and Fitness. (Worksite Wellness) (7/16/13) Director, YWCA. Received a B.S. in Recreation Management from Denver State University and MPA from University of Texas at Tyler. Previously Served on Parks and Recreation Review Board. Community Activities include: National Eagle Scout Association and Coors Alumni Group. (Senior Initiatives) (5/14/14) Assistant Clinical Professor/Internship Coordinator, Texas A&M University -Corpus Christi. Received B. S. and M.S. in Physical Education from Texas Tech University and Ed.D. in Educational Leadership, Cognate in Higher Education from Texas A&M University -Corpus Christi. Serves on the Intercollegiate Athletic Council and Scholarship Committee. Community Activities include: Special Olympics, Kite Festival Committee, Family Outreach Legacy Run, and Bay Area Fellowship. (Worksite Wellness or Senior Initiatives) (9/18/14) Certified Strongfirst Kettlebell Instructor, The Hardstyle Kettlebell Club (Owner). Co-founder of One Fit Culture. National Academy of Sports Medicine background. Health and Fitness writer for Nside Magazine. Activities include: Corpus Christi Power Team, Young Business Professionals, Dreamboard Event Coordinator, and Fitness in the Park. Currently working on Kids to the Farmer's Market. (Worksite Wellness) (7/25/13) f. REGIONAL HEALTH AWARENESS BOARD — One (1) vacancy with term to 10-1- 17 representing the following category: 1 - City Community Representative. DUTIES: To connect public, government and industry on issues regarding health, safety, and the government. COMPOSITION: The Regional Health Awareness Board is made up of thirteen (13) voting members representing a cross-section of health, environmental, and social interest. Two (2) of these community members will be appointed by the City Council, two members will be appointed by the Commissioners Court Nueces County, and two members will be appointed by the Commissioner Court San Patricio County for three-year terms. At -large members are appointed to three-year terms as follows: 1 -City of Corpus Christi, 1 —Nueces County, 1 — San Patricio County, 2 — Port Industries of Corpus Christi, 1 — Texas A & M —Corpus Christi, and 1 — Texas A & M — Kingsville. Additionally, there are four (4) ex- officio/non-voting representatives, one (1) from each of the following agencies: Texas Commission on Environmental Quality, Environmental Protection Agency, Nueces County/City of Corpus Christi Public Health District and San Patricio County Department of Public Health. ORIGINAL MEMBERS TERM APPTD. DATE Dr. James Mobley (San Patricio — Comm. Rep.), Chair 01-01-15 10-01-05 Tom Ballou (Port Industries) 01-01-16 01-01-10 Susan Thorpe (City Representative) 01-01-17 07-09-13 *Ambar Qureshi (City — Community. Rep.) 10-01-14 12-11-12 Donna Huddleston (City — Community Rep.) 10-01-15 12-11-12 William Burgin (Nueces County — Community Rep) 10-01-15 10-01-13 Alonso Molina (San Patricio — Community Rep.) 10-01-15 10-01-03 Gretchen Arnold (County — Community Rep.) 10-01-16 07-09-13 Dr. Wesley Stafford (Nueces County Representative) 01-01-16 02-02-11 Dennis Roberts (San Patricio Representative) 10-01-15 10-01-05 Deborah Preshler (Port Industries) 01-01-16 12-31-12 Dr. Mary Jane Hamilton (TAMU — Corpus Christi) 01-01-15 10-01-05 Dr. Alvaro Martinez (TAMU — Kingsville) 01-01-15 05-01-09 Annette Rodriguez (Nueces County Health Admin) Ex -officio Delores Bacon (San Patricio Administrator) Ex -officio Shirley Quinones (Environmental Protection Region 6) Ex -officio Susan Clewis (TX Comm. on Environmental Quality) Ex -officio Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Ambar Qureshi (City -Comm. Rep.) 7 5 71% OTHER INDIVIDUALS EXPRESSING INTEREST Richard Burnett 4421 Gaines St., 78412 Sonia Castillo 7313 Pepper Ridge Rd., 78413 Christina Cisneros -Guzman 4725 Schwerin Lake Dr., 78413 Brent Norman 5701 Saratoga Blvd., 78414 Assistant Director of Strength and Conditioning, Texas A&M University -Corpus Christi. Received a B.S. in Kinesiology — Exercise Science and an M.S. in Kinesiology. Certifications include: National Strength and Conditioning Assn., and Collegiate Strength and Conditioning Coaches Assn. Activities include: American Heart Association's Heart Walk at Whataburger Field, Volunteered with Mayor' s Fitness Council working with Pinnacle Performance and Fitness. (7/16/13) Coordinator, 3rd Coast Research Assoc., Received a Bachelor of Arts in Natural Science and a Master of Science in Environmental Science. Community Activity includes: Community Outreach Regarding Clinical Research Awareness. (8/18/14) Director of Pollution Prevention Partnership, Texas A&M University -Corpus Christi. Received a Bachelor of Science, Communications with Minor in Marketing. Community Activities include: Corpus Christi Education Foundation, South Texas Environmental Professionals, Clean Cities Coordinator South Texas, South Texas Air Quality, and TAMU-CC Professional Investigator Council. (9/19/14) Certified Strongfirst Kettlebell Instructor, The Hardstyle Kettlebell Club (Owner). Co-founder of One Fit Culture. National Academy of Sports Medicine background. Health and Fitness writer for Nside Magazine. Activities include: Corpus Christi Power Team, Young Business Professionals, Dreamboard Event Coordinator, and Fitness in the Park. Currently working on Kids to the Farmer's Market. (7/25/13) g. REINVESTMENT ZONE NO. THREE BOARD — One (1) vacancy with term to 2-28- 16 representing the category of: 1 — representative from the Downtown Management District. DUTIES: The Board shall make recommendations to the City Council concerning the administration of the Zone. (The Zone area includes approximately 856 acres encompassing the city' s Downtown area along the Bayfront from the SEA -Town complex at the north end, south to Morgan Avenue adjacent to the Christus Spohn Shoreline Hospital, and west to Tancahua Street.) The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the Zone and submit such plans to the City Council for its approval in accordance with Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the Zone only to the extent expressly granted by the City Council by ordinance or resolution. COMPOSITION: The Board shall consist of twelve (12) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City that levies taxes on real property in the zone, if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone, may appoint one (1) member of the Board. These entities include: Del Mar College and Nueces County. Each governing body may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint at least ten (10) members, with one reserved for a representative from the Downtown Management District, and the board may exceed twelve (12) members if necessary for the City Council to make said ten (10) appointments. To be eligible for appointment an individual must be a qualified voter of the City; or be at least 18 years of age or older and own real property in the zone. Terms of Board members are for two years. Terms must be staggered with half of the Board members appointed every year. Officers must be appointed as provided in the Act. ORIGINAL MEMBERS TERM APPTD. DATE Nelda Martinez (City) 2-28-15 2-28-12 Mark Scott (City) 2-28-15 2-28-12 David Loeb (City) 2-28-16 2-28-12 Kelley Allen (City) 2-28-15 2-28-12 Chad Magill (City) 2-28-16 2-28-12 Priscilla Leal (City) 2-28-15 2-28-12 Colleen McIntyre (City) 2-28-15 2-28-12 Rudy Garza (City) 2-28-15 2-28-12 Lillian Riojas (City) 2-28-16 2-28-12 *Vacant, (DMD) 2-28-14 Mike Pusley, (County) 2-28-16 Claudia Jackson (Del Mar) 2-28-16 (The Corpus Christi Downtown Management District is recommending the new appointment of Stefany Schade.) h. RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE — Three (3) vacancies with terms to 6-16-16 representing the following categories: 1- RSVP Volunteer Workstation Representative (executive, director or similar leadership position at a non-profit agency that operates a RSVP Volunteer Workstation.), 1- RSVP Volunteer (Active volunteer/one (1) hour per month at a registered RSVP Volunteer Station.), and 1 — At Large. (Staff is recommending the postponement of the RSVP Volunteer Workstation Representative (executive, director or similar leadership position at a non- profit agency that operates a RSVP Volunteer Workstation) category for further recruitment of bios.) DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Retired and Senior Volunteer Program ("RSVP") including but not limited to volunteer recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non-federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi-annually assess project accomplishments and impact; and attend special events and activities related to Retired and Senior Volunteer Program. COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 —RSVP Volunteer (active volunteer/ one (1) hour per month at a registered RSVP Volunteer Station), 1 — RSVP Volunteer Workstation representative (executive, director or similar leadership position at a non-profit agency that operates a RSVP Volunteer Station), and 5 — At Large. All terms shall be two (2) years. ORIGINAL MEMBERS TERM APPTD. DATE **Margaret A. Ramsey (RSVP Vol. Station) 6-16-14 6-16-09 *Anne Bauman (RSVP Vol.), Chair 6-16-14 9-11-12 Dale D. Berry (At Large), Vice -Chair 6-16-15 9-11-12 Abel A. Sanchez (At Large) 6-16-15 9-11-12 **Stephen Isenhour (At Large) 6-16-14 1-08-13 Sylvia T. Portales (At Large) 6-16-15 1-08-13 Judy Loverde (At Large) 6-16-15 11-12-13 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Anne Bauman (RSVP Vol.) 6 6 100% OTHER INDIVIDUALS EXPRESSING INTEREST Renee I. Hundley 8314 Lando Ct., 78414 Robert E. Snyder 6106 Maximus Dr., 78414 Executive Director, Community Options, Inc. Received an Associates in Mental Health, Bachelors in Psychology and a Masters in Counseling. (At Large) (8/8/14) Substitute Teacher, Tuloso-Midway Independent School Teacher. Received a Masters from Penn State. Community Activities include: VFW, American Legion and Al Amin Shrine. (At Large) (8/6/14) (Note: Staff has made efforts to recruit bios for this Committee since April 2014. If Council wishes, these appointments can be postponed for further recruitment efforts.) i. TRANSPORTATION ADVISORY COMMITTEE — Three (3) vacancies with terms to 4-30-15, 4-30-16, and 4-30-17. DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety investigation, traffic accident, injury and damage prevention in the City; developing and implementing coordinated traffic safety programs which meet local needs; acting in an advisory capacity to the City Council and the City Manager in the coordination of traffic safety activities of the official agencies and departments of the City; promoting public acceptance of official programs proposed or initiated by the City; fostering public knowledge and support of traffic law enforcement and traffic safety problems; cooperating with public and private school systems in promoting traffic safety training aids in the schools; promoting the education of the public in traffic safety and, generally assisting in the overall reduction of traffic deaths, injuries, damage, and accidents on the City's streets. COMPOSITION: Nine (9) members appointed by the City Council for three-year terms to provide advice on transportation and traffic safety matters. The Committee elects Chairman and Vice -Chairman annually. ORIGINAL MEMBERS TERM APPTD. DATE Edd Price, Chair 4-30-17 5-26-09 Sheila Cudd, Co -Chair 4-30-15 2-10-09 Bill Strawn 4-30-16 5-27-14 Gretchen Arnold 4-30-15 5-08-12 Scott M. Harris 4-30-16 3-19-13 Dennis L. Miller, P.E., CFM 4-30-17 2-11-14 *John Garcia 4-30-16 3-19-13 ****Henry Palacios, III 4-30-15 8-20-13 ***Tommy E. Watson, Jr. 4-30-17 8-20-13 Legend: *Forfeited position upon filing as a candidate for City Council **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation INDIVIDUALS EXPRESSING INTEREST Sonia Castillo 7313 Pepper Ridge Rd., 78413 Christina Cisneros -Guzman 4725 Schwerin Lake Dr., 78413 Coordinator, 3rd Coast Research Assoc., Received a Bachelor of Arts in Natural Science and a Master of Science in Environmental Science. Community Activity includes: Community Outreach Regarding Clinical Research Awareness. (8/18/14) Director of Pollution Prevention Partnership, Texas A&M University -Corpus Christi. Received a Bachelor of Science, Communications with Minor in Anthony Gavlik 2230 Cardinales Lane, 78414 Ricardo Pedraza 317 Peoples St. #207, 78401 Leo Rios 421 Sharon, 78412 Marketing. Community Activities include: Corpus Christi Education Foundation, South Texas Environmental Professionals, Clean Cities Coordinator South Texas, South Texas Air Quality, and TAMU-CC Professional Investigator Council. (9/19/14) Project Engineer, HDR Engineering. Received Bachelor of Science in Civil Engineering from Texas A& M University -Kingsville. Activities include: American Society of Civil Engineers and Texas Society of Professional Engineers. Community Activities include: Texas Society of Professional Engineers, American Society of Professional Engineers and Friends of La Retama Park. Graduate of Leadership Corpus Christi -Class 41. Previously served on the Landmark Commission. (8/15/14) Project Engineer, HDR Engineering. Received BS and MS in Civil Engineering from Texas A&M University -Kingsville, Texas. Licensed Professional Engineer. Community Activities include: Rotarian and Knights of Columbus. Graduate of Leadership Corpus Christi Class 43. (8/18/14) Realtor, Remax Associates. Community Activities include: Leadership Corpus Christi Class 40, Hispanic Chamber of Commerce, Texas Political Action Committee, Buc Days Buccarader, and Knights of Columbus. (Currently serves on Landmark Commission, but will resign if appointed.) (9/19/14) j. WATERSHORE AND BEACH ADVISORY COMMITTEE — One (1) vacancy with term to 12-11-14 representing the following category: 1 — At Large. (Since the term is expiring 12-11-14, staff is recommending appointment to a new two-year term ending 12-11-16.) DUTIES: To advise and make recommendations regarding use or preservation of the following areas within the city limits: the waterfront, the beaches, and the natural bodies of water including but not limited to Gulf of Mexico, bays, rivers, and creeks, excluding the Marina area as defined by Section 2-264. COMPOSITION: Nine (9) members appointed by the City Council for two-year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be an owner or representative of a hotel or condominium located on North Padre Island or Mustang Island; and one (1) shall be a member of the Corpus Christi Convention & Visitors Bureau. The Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Park and Recreation Advisory Committee and vice versa. In the initial appointment members will serve an initial two-year term, in the succeeding term, 5 members will serve a two-year term, and 4 members will serve a one-year term, as determined by drawing. Thereafter, all terms will be two -years. ORIGINAL MEMBERS TERM APPTD. DATE Jennifer Pollack (Scientist) 12-11-14 07-19-11 Cameron Perry (Engineer) 12-11-15 12-14-10 Diana C. Del Angel (Environmentalist) 12-11-15 06-12-12 Joseph N. DePalma (Hotel/Condo Owner) 12-11-14 02-11-14 Paulette Kluge (CVB) 12-11-15 02-11-14 Cliff Schlabach 12-11-15 02-11-14 Jay Gardner 12-11-15 03-29-11 *Carrie Robertson Meyer 12-11-14 02-12-13 Cody Bates 12-11-14 12-14-10 Legend: * Forfeited position upon filing as a candidate for City Council INDIVIDUALS EXPRESSING INTEREST Christina Cisneros -Guzman 4725 Schwerin Lake Dr., 78413 Director of Pollution Prevention Partnership, Texas A&M University -Corpus Christi. Received a Bachelor of Science, Communications with Minor in Marketing. Community Activities include: Corpus Christi Education Foundation, South Texas Environmental Professionals, Clean Cities Coordinator South Texas, South Texas Air Quality, and TAMU-CC Professional Investigator Council. (At Large) (9/19/14) Robert Kent 326 Cape Cod, 78412 Kevin Karroll Nelson 406 E. Longview St., 78408 President, REK Energy, LLC. Former Senior Vice President- Refining for CITGO Petroleum and Vice President —Planning, for Koch Industries. Received Bachelor of Science in Chemical Engineering from University of Wisconsin and Master's in Business Administration and Finance from University of Minnesota. Formerly served on the Water Resources Advisory Committee. Activities include: Beautify Corpus Christi and United Way. (AtLarge)(12/02/13) Post -Doctoral Research Associate, Texas A&M University -Corpus Christi. Received a PhD in Coastal and Marine System Science and an M.S. in Computer Science. Currently conducting water/marine studies in Corpus Christi Bay and Nueces River Delta. (At Large) (7/29/13) AGENDA MEMORANDUM Future Item for the City Council Meeting of September 23, 2014 Action Item for the City Council Meeting of September 30, 2014 DATE: TO: August 18, 2014 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineering Contract Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with RCM Constructors, Inc. of Corpus Christi, Texas in the amount of $657,391 for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 for the base bid and to execute an engineering contract with Engineering & Construction Management Services, LLC of Corpus Christi, Texas in the amount of $69,300, for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 for construction observation services. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract with RCM Constructors and an engineering contract with Engineering & Construction Management Services for construction observation services. BACKGROUND AND FINDINGS: The construction contract is for the locating and the excavation of existing service lines; replacing approximately 2800 linear feet of wastewater service lines from the clean-out to the bend and from the bend to City main; 150 Sanitary Sewer and 100 Storm Water Manholes Ring and Cover Adjustments throughout the City under multiple work authorizations. The construction contract duration is 365 calendar days. Engineering & Construction Management Services, LLC (ECMS) will provide field inspection of the work in progress, planning/coordination of the next work orders and documentations of all work completed and approved. ECMS is recommended to provide these services based upon their expertise and past construction management of similar work. ECMS has provided similar services since the original contract in FY 2011. On July 16, 2014, the City received proposals from three (3) bidders and their respective bids are as follows: Contractor Base Bid RCM Constructors, Inc. Corpus Christi, TX $657,391.00 ADK Environmental, Inc. Odem, TX $689,323.00 National Power Rodding Corporation Austin, TX $1,141,832.32 The Engineer's Opinion of Probable Construction Cost is $675,000 (for the base bid). ALTERNATIVES: 1. Authorize the execution of the contracts. 2. Do not authorize the execution of the contracts. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, Engineering & Construction Management Services, LLC, conducted a bid analysis of the three (3) proposals submitted to the City. The lowest bidder based on the total base bid is RCM Constructors, Inc. of Corpus Christi, Texas. Based on the information submitted in accordance with the contract documents, RCM Constructors, Inc. has the experience and resources to complete the project. 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 2013-2014 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $762,848.00 $762,848.00 Encumbered / Expended Amount This Item - RCM $657,391.00 $657,391.00 This Item - ECMS $69,300.00 $69,300.00 Future Anticipated Expenditures This Project $36,157.00 $36,157.00 BALANCE $0.00 $0.00 Fund(s): Wastewater Operating, Storm Water Operating Comments: This project requires approximately 365 calendar days with anticipated completion September 2015. The construction contract will result in the expenditure of an amount not to exceed $657,391. The engineering contract will result in the expenditure of an amount not to exceed $69,300. RECOMMENDATION: City Staff recommends approval of the construction contract with RCM Constructors, Inc. of Corpus Christi, Texas in the amount of $657,391 for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 for the base bid and to execute an engineering contract with Engineering & Construction Management Services, LLC of Corpus Christi, Texas in the amount of $69,300, for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 for construction observation services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET WASTEWATER SERVICE LINE REPAIR & CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2014-2015 FUNDS AVAILABLE: Wastewater Operating FY 2014 $678,935.00 Storm Water Operating FY 2014 $83,913.00 TOTAL $762,848 FUNDS REQUIRED: Construction (RCM Constructors, Inc.) $657,391 Engineer Fees: *Construction Observation Services (ECMS, LLC) $69,300 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $11,504 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs) $21,365 Misc $3,287 TOTAL $762,848 PROJECT BUDGET BALANCE *Design services for $17,500 were administratively approved by Amendment No. 1 to Project No. E13048 on April 22, 2014 $0 F, 624 IVER HWY 44 JVUECES Bey VfR RD yam'_ v ar ,, 1714rit 44444*•4 CORPUS C3-1RISTI Byty N NOTE: CITY WIDE PROGRAM PROJECT # E14025 LOCATION MAP NOT TO SCALE WHITECAP VP QQ ti C,tLfof .T4EXICO WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM 2014-2015 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 of 1 Corpus Chr sti Capital Programs Wastewater Service Line Repair & Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 Council Presentation September 23, 2014 Project Scope Corpus Chr sti Capital Programs NIIECTS Bay CORPUS Ci -f fSTI Bay NOTE: CITY WIDE PROGRAM LOCATION MAP 2 Project Schedule Corpus Chr sti Capital Programs Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Construction Project Estimate: 365 days October 1, 2014 to September 30, 2015 PROJECT BUDGET BALANCE FUNDS AVAILABLE: Wastewater Operating FY 2014 Storm Water Operating FY 2014 TOTAL FUNDS REQUIRED: Construction (RCM Constructors, Inc.) Engineer Fees: *Construction Observation Services (ECMS, LLC) Reimbursements TOTAL *Design services for $17,500 were administratively approved by Amendment No. 1 to E13048 on April 22, 2014 Project Budget Corpus Chr sti Capital Programs $678,935.00 $83,913.00 $762,848 $657,391 $69,300 $36,156 $762,848 $0 Project No. CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Executive Director of Public Works) and Engineering and Construction Management Services, LLC, a Texas corporation, 5001 Oakmont Drive, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program 2014-2015 (Project No. E14025) — The ID/IQ construction contract is for the locating and the excavation of existing service lines; replacing approximately 2800 linear feet of wastewater service lines from the clean-out to the bend and from the bend to City main; 150 Sanitary Sewer and 100 Storm Water Manholes Ring and Cover Adjustments throughout the City under multiple work authorizations. The work period will be 365 calendar days. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. 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. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the 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. Contract for Engineering (A/E) Services Page 1 of 3 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014- 2015\CONSTRUCTION & CONS OBSERVATION\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 $69,300.00 (Sixty -Nine Thousand Three Hundred Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (A/E) Services Page 2 of 3 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER1E14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014- 20151CONSTRUCTION & CONS OBSERVATION\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 AIE 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 AIE 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 ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES, LLC 6-404-40 C7(7#6( Natasha Fudge, P.E., Date Felix'H. canas, Jr., P.E., Date Acting Director, Capital Programs Pres dent 5001 Oakmont Drive Corpus Christi, Texas 78413 RECOMMENDED (361) 986-1202 Office (361) 906-2477 Fax Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date for City Attorney APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Project No: E14025 Fund Source No: 530235-4200-33400-E14025 Fund Name: Wastewater Operating for $61,677 Fund Source No: 530000-4300-32005-E14025 Fund Name: Storm Water Operating for $7,623 Encumbrance No: Contract for Engineering (A/E) Services Page 3 of 3 K\ENGINEERING DATAEXCHANGE1JENNIFER1WASTEWATERSE14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014- 20154CONSTRUCTION & CONS OBSERVATJONYCONTRACTICONTRACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM 2014-2015 PROJECT NO. E14025 I. SCOPE OF SERVICES A. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The A/E will, with written authorization by the Executive Director of Public Works, do the following; 1. Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. EXHIBIT "A" Page 1 of 4 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014-2015\CONSTRUCTION & CONS OBSERVATION\CONTRACT\Exhibit A.doc 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 2. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the EXHIBIT "A" Page 2 of 4 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014-2015\CONSTRUCTION & CONS OBSERVATION\CONTRACT\Exhibit A.doc method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Day Date Activity Tuesday September 9, 2014 Contract Award Thursday October 1, 2014 Begin Construction Friday September 30, 2015 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-2 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-2, A/E will submit monthly statements for basic services rendered. In Section I.A.1-2, the statement will be based upon A/E's estimate (and City concurrence) of the proportion of the total services actually completed at the time of billing. 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: EXHIBIT "A" Page 3 of 4 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014-2015\CONSTRUCTION & CONS OBSERVATION\CONTRACT\Exhibit A.doc Summary of Fees EXHIBIT "A" Page 4 of 4 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014-2015\CONSTRUCTION & CONS OBSERVATION\CONTRACT\Exhibit A.doc ORGINAL TOTAL BASIC SERVICES 1 Preliminary Phase $0.00 $0.00 2 Design Phase 0.00 0.00 3 Bid Phase 0.00 0.00 4 Construction Phase 0.00 0.00 Subtotal Basic Services 0.00 0.00 ADDITIONAL SERVICES 1 Permit Preparation 0.00 0.00 2 ROW Acquisition Survey 0.00 0.00 3 Topographic Survey 0.00 0.00 4 Environmental Issues 0.00 0.00 5 Construction Observation Services 68,700.00 68,700.00 6 Start -Up Services 0.00 0.00 7 Warranty Phase (8 hrsx$75) 600.00 600.00 Subtotal Additional Services 69,300.00 69,300.00 TOTAL FEE $69,300.00 $69,300.00 M2014 - EXHIBIT "A" Page 4 of 4 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014-2015\CONSTRUCTION & CONS OBSERVATION\CONTRACT\Exhibit A.doc EXHIBIT "A-1" TASK LIST CITY OF CORPUS CHRISTI, TEXAS WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM 2014-2015 PROJECT NO. E14025 Additional Services: CONSTRUCTION OBSERVATION SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare monthly reports and submit to City staff as required. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one-year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXHIBIT "A-1" Page 1 of 1 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014-2015\CONSTRUCTION & CONS OBSERVATION\CONTRACT\Exhibit A-1.doc EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, non -renewal or material change required on all certificates Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included 1. Owned vehicles 2.. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value 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 EMPLOYERS' LIABILITY Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large - Insurance & Indemnification.docx EXHIBIT "B" Page 1 of 3 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. EXHIBIT "B" Page 2 of 3 K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large - Insurance & Indemnification.docx H. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large - Insurance & Indemnification.docx Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Protect No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 0727100 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice invoice Complete 51,000 50 50 51,000 $0 51,000 51,000 100% 2.000 1.000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 096 2.500 0 1,000 3,500 0 0 0 0% 56,000 51,000 51,250 58,250 5750 51,500 52,500 30% 521000 50 50 52,000 5500 50 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 51,120 51,627 $4,747 5500 50 5500 11% 56,000 51,000 51,250 58,250 5750 51,500 52,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 52,120 52,877 $12,997 51,250 $1,500 53,000 23% RR. SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to providepthe 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: Engineering & Construction Management Services, LLC P. O. BOX: STREET ADDRESS: 5001 Oakmont CITY: Corpus Christi FIRM IS: 1. Corporation 11 4. Association 2. Partnership 5. Other e ZIP: 78413 3. Sole Owner ❑ 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 N.A. Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N.A. 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N.A. 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N.A. FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 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: Felix H. Ocanas, Jr., P.E. Title: President (Type or Print) Signature of Certifying Person: -1A--1 92/ V- rat -it -4-v DEFINITIONS Date: 4—%/ I 2" f� 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. AGENDA MEMORANDUM Future Item for the City Council Meeting of September 23, 2014 Action Item for the City Council Meeting of September 30, 2014 DATE: August 27, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of Municipal Information Services MichaelAr@cctexas.com 361-826-3735 Purchase Six Months End of Lease Extension from ePlus for Mobile Data Terminals used by Public Safety CAPTION: Motion authorizing the City Manager or designee to execute all documents necessary to purchase six months end of lease extension from ePlus of Herndon, Virginia for 207 Public Safety mobile data terminals in the amount of $31,643.43 per month for a total cost of $189,860.58. Funds are available in the MIS FY2013-2014 budget. PURPOSE: Continue leasing the mobile data terminals used by the Police Department for an additional six months. BACKGROUND AND FINDINGS: The City entered into a forty-eight month operating lease of mobile data terminals on July 1, 2010. Now, the City would like to execute the end of lease option and continue this lease for an additional six months. This will enable the Police Department to continue using the existing equipment while replacement equipment is procured and implemented. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Department and Office of Management and Budget. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 63,286.86 126,573.72 189,860.58 Encumbered / Expended Amount This item 63,286.86 126,573.72 189,860.58 BALANCE 0 0 0 Fund(s): Municipal Information Services Comments: Total cost of the contract is $189,860.58. Funds have been budgeted for this expense in Fiscal Year 2013-2014 and will be available in 5210-40495-530160, Rentals. Procurement of replacement equipment will be brought before the City Council at a later date. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: ePlus End of Lease options 1 ptember 10, 2014 Corpus Christi P.O. Sox 9277 Corpus Christi, TX 78469 RE: End of lease options for Schedule Nos. 1 and 2 to Appendix D to DIR Contract No. DIR-SDD-1032 between Austin Ribbon & Computer Supplies, Inc. as Lessor and the City of Corpus Christi as Lessee, as assigned to ePlus Group, inc. as Assignee. Pursuant to your company's desire to investigate their end of term options for the above referenced lease Schedules, ePlus Group inc. is pleased to provide the following proposal: Equipment- Equipment Description. All Equipment on Schedules 1 and 2 Option 1 for Schedules 1 and 2: Pricing does not include warranty: XSix month extension: $31,643.43 (plus applicable taxes) per month for six months commencing October 1, 2014 (531,177.36 for Schedule 1 and 5466.07 for Schedule 2) Option 2 for Schedules 1 and 2: Extension pricing includes warranty provided by Austin Ribbon & Computer Supplies (Quote # Q-124010): Six month extension: $44,90250 (plus applicable taxes) per month for six months commencing October 1, 2014 The effective date of the above options would be October 1, 2014. All rent, taxes and other obligations due prior to the effective date arc not included in the prices provided above. All rent payments and other receivables due under the Schedules must be current. Ail terms and conditions of the Schedules remain in full effect. Please indicate which option is acceptable above by initialing in the applicable space above and by signing below where provided. Please return this letter via fax to my attention at 703-984-8695 or email at jmarsh@eplus.com. If the extension options are accepted, ePlus may require extension agreements or lease schedulm to be executed between Lessee and ePlus. In order to prevent further obligations, this proposal must be executed and returned by the expiration date and the payments must be received by their due dates. If either of these conditions is not met additional payments may apply. Should you have any questions or concerns, please contact me at (703) 984-8095. This proposal is valid through September 30, 2014. gily, AGREED TO AND ACCEPTED BY: Jason Marsh Vice President, Operations ePlus Group, inc. Signature Title & Date 13595 Dulles Technology Drive it Herndon. VA 20171-3413 • wwweplus.com AGENDA MEMORANDUM Future Item for the City Council Meeting of September 23, 2014 Action Item for the City Council Meeting of September 30, 2014 DATE: TO: September 23, 2014 Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com (361) 826-3169 Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Purchase of Localizer Array System for the Corpus Christi International Airport CAPTION: Motion approving the purchase of a localizer array system for the Corpus Christi International Airport (CCIA) with Thales ATM, U.S., Overland Park, Kansas, based on sole source for the total amount of $268,612.00. Ninety (90) percent of the project is funded through a Federal Administration Grant with a ten (10) percent local match. PURPOSE: Flight operations at the CCIA require the use of navigational aids to assist aircraft in approaching and landing on the runway. One component of the various navigational aids is the localizer array. The current localizer array requires replacement as part of the updated and enhanced version of the system. BACKGROUND AND FINDINGS: The construction contract for this project was awarded on April 15, 2014 to Bay Ltd. in the amount of $34,766,637.10. The project began construction on May 15, 2014, with an anticipated completion date of October 22, 2015. The project will extend the existing 7,508 -foot Runway 13 to the North by 1,000 feet and provide high strength pavement that is capable of accommodating a full range of aircraft. The Federal Aviation Administration (FAA) approved the design and construction work for the installation of various Navigational Aids (NAVAIDS) to be completed under this project, including the relocation and re -use of the existing runway localizer array systems for each runway end. Upon further review, the FAA has made a determination that the existing 8 -element localizer array system is no longer sufficient for the increased runway length due to new FAA criteria and that a 14 -element MK20A - single frequency element log periodic dipole (LPD) array is required. The 14 -element array must be purchased new from Thales Air Traffic Management as they are the only suppliers for the antenna array. The FAA, CCIA, and KSA Engineers determined that in order to mitigate impacts to the overall project schedule and due to the complexity of the project, it is more efficient to have this equipment procured by the city, thus eliminating delays with the ongoing critical path work activities of the Runway 13-31. In addition, purchase by the City may be eligible for tax-free equipment and will not include the additional contractor mark-up thereby, overall providing a cost benefit for the City. 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 DEPARTMENTAL CLEARANCES: Aviation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $720,000.00 $11,381,388.00 0.0 $12,101,388.00 Encumbered / Expended Amount 0.0 0.0 0.0 This item 0.0 $268,612.00 0.0 $268,612.0 BALANCE $720,000.00 $11,650,000.00 0.0 $12,370,000.00 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO ITEM DESCRIPTION QTY PRICE SHEET UNIT Thales ATM, U.S. Overland Park. Kansas 1 Single Frenquency 14 Element Antenna Array Includes; (14) welded antenna elements & transient suppressor cable fault CCA 1 LOT UNIT EXT PRICE PRICE $268,612.00 $268,612.00 Total 268,612.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 23, 2014 Action Item for the City Council Meeting of September 30, 2014 DATE: September 23, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager chrisetalm@cctexas.com (361) 826-3169 Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Installation of Monitors for the Multi -User Flight Information Display System CAPTION: Motion approving the installation of twenty-nine (29) monitors and related materials at the Corpus Christi International Airport (CCIA) for the Multi -User Flight Information Display System (MUFIDS) from MCFSA LTD., San Antonio, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $155,050.00. Funds have been budgeted in the Airport Fund No. 4610 in FY 2013- 2014. PURPOSE: The current MUFIDS requires an extensive software upgrade and installation of new monitors to provide passengers and customers with a real-time flight information system, weather updates and relevant emergency and/or directional information. BACKGROUND AND FINDINGS: The existing MUFIDS equipment is approximately fifteen years old and was originally installed in the old terminal. It has become unreliable, requires manual updates by airline employees and is not fully compliant with the American with Disabilities Act (ADA). The new equipment will enhance customer service with the latest software/hardware technology to include LCD monitors. The improved FIDS will provide airport management with automated control to distribute and display real-time flight information to passengers and airport operational staff. The system includes a web - based platform that enables airline differentiated check-in counter (layout-) control system for existing environments. The upgrade will allow mobile devices (i.e. smart phones) to access flight and weather information via the City's web -site, as well as automatic updates through the airline feeds for real time flight information. Airport Staff will also be able to deliver emergency, weather and way -finding instructions/information as needed. 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. DEPARTMENTAL CLEARANCES: Aviation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $256,386.76 $256,386.76 Encumbered / Expended Amount $0.00 $0.00 This item $155,050.00 $155,050.00 BALANCE $101,336.76 $101,336.76 Fund(s): Airport Fund No. 4610 Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO ITEM DESCRIPTION TXMAS CONTRACT #9-84060 PRICE SHEET QTY UNIT MCFSA LTD San Antonio, Texas UNIT PRICE TOTAL PRICE 1. Installation of twenty-nine (29) monitors and related materials for the (MUFIDS) 1 LOT $155,050.00 $155,050.00 Grand Total $155,050.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 23, 2014 Action Item for the City Council Meeting of September 30, 2014 DATE: September 5, 2014 TO: Ronald L. Olson, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.corn 826-3360 Legal Services Contract with Tim Brown for general water issues CAPTION: Motion to authorize the City Manager or designee to execute a legal services agreement with Timothy L. Brown to advise the City on water rights and general water law issues, at monthly rate of $7,000 plus expenses. PURPOSE: To obtain legal services for general water law issues for FY 2014-2015. BACKGROUND AND FINDINGS: Tim Brown has many years of experience in dealing with City of Corpus Christi water issues. ALTERNATIVES: Hire water law specialist as a permanent City employee. OTHER CONSIDERATIONS: Mr. Brown provides legal advice during legislative session concerning water issues. CONFORMITY TO CITY POLICY: This request conforms to City Charter provision regarding employment of legal counsel. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: The Environmental & Strategic Initiatives Interim Department Director is in concurrence with this request. FINANCIAL IMPACT: x Operating ❑Revenue ❑Capital ❑Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $220,000 $220,000 Encumbered Expended Amount This item $84,000 $84,000 BALANCE $136,000 $136,000 Fund(s): Water RECOMMENDATION: Staff recommends approval of the legal services contract. LIST OF SUPPORTING DOCUMENTS: Letter agreement attached. Resume Timothy L. Brown Tel. (512) 371-7070 FAX. (512) 450-0389 E-mail: tlbrown@tlbrown.com 1600 West 38thStreet, Suite 206 Austin, Texas 78731-6405 Specializing in water rights, Groundwater and water districts Timothy L. Brown born Chicago, III July 18, 1940 admitted to bar 1966 Texas also admitted to practice before U.S. Court of Appeals Fifth Circuit, U.S. District Court Southern, Eastern and Western Districts of Texas. Preparatory education, Corpus Christi Public Schools, Del Mar College (AA, 1960), University of Texas (BA 1962); legal education University of Texas School of Law (LL.B 1965). Fraternity Delta Theta Phi. Planning Committee, University of Texas Water Law Conference 2005-2008, 2010-2012, 2014. Program Coordinator Texas Water Law Conference, CLE International 2002-04 Speaker Texas case law and legislation CLE International (2012) Groundwater and the 82"d Legislative Session; Texas Water Law Institute (2011) Judicial and Legislative Activity in Texas; CLE International (2011) History of Texas Water Laws; CLE International (2010) Statewide Groundwater Issues; CLE International Management and Administration of Ground and Surface Water in Texas; CLE International (2009) Recreational Amenity Ponds — When Groundwater and Surface Water Collide; Texas Water Law Institute (2008) Groundwater and Surface Water Legislative Principles; CLE International (2008) Water Legislation from the 80th Legislative Session. Texas Co -host for CLE International Law of the Rio Grande (Santa Fe, NM). Member, Austin Bar Association; State Bar of Texas (Administrative and Public Law Council 1976-2006, Chair 1981-82, 1986-87); Former Department Chief Legal Affairs U.S. Coast Guard Auxiliary, Commodore (Ret.); AV Martindale Hubbel, Peer Review Rated for Ethical Standards and Legal Ability. October 1, 2014 Mr. Timothy L. Brown Attorney at Law 1600 West 38th Street, Suite 206 Austin, Texas 78731 Re: Legal Services Agreement to Assist the City with general water issues and ongoing projects Dear Mr. Brown: This will confirm your agreement with the City of Corus Christi to provide legal services to assist the City with general water issues and other matters as directed by the City Manager or City Attorney. You will work with the City Attorney and Utilities Department on specific projects, as requested by the City Manager, City Attorney, or their designees, including, but not limited to, assisting the City regarding legal issues related to any of the City's water rights, assisting the Corpus Christi Aquifer Storage and Recovery Water Conservation District, analyzing legal issues related to City's perpetual wholesale water supply contracts, analyzing legal issues related to the development of the City's water rights, assisting in negotiating and drafting of agreements relating to the City's water rights, and assisting the City in regard to Federal and State legislative and agency matters that could affect the City's water rights. You will also keep informed as to discussions and proposals relating to general water related matters and provide the City with regular briefings. In addition, in coordination with and as requested by the City's Director of Intergovernmental Relations, you will act as one of the City's liaisons for legislative and regulatory matters dealing with water legislation during the regular and special session of the Texas Legislature, water rights, general water issues, environmental issues, and other matters as directed by the City Manager or City Attorney. You will assist the City, Legislative members, and regulatory entities by providing data, information, and research relating to the full range of issues covered under this agreement as directed by the City Manager or City Attorney. Your services will be performed beginning October 1, 2014 and ending September 30, 2015 at the hourly rate of $175 per hour, capped at $7,000 per month beginning October 1, plus expenses. When travel is requested by the City, the City of Corpus Christi will reimburse you for reasonable and customary charges for travel, when itemized. (For example, first class airfare and luxury suites are not considered reasonable.) Billing will be submitted monthly to Miles Risley, City Attorney, and shall be payable within 30 days of receipt. You will notify the City Attorney promptly if you should discover any conflict of interest between your representation of the City and any other interest or client that you may have. This agreement is exclusive of any other agreement between you and the City and may be cancelled at any time with 30 days notice to either party. Please indicate your acceptance by your signature below and return to the City Attorney. Sincerely, Ronald L. Olson City Manager ACCEPTED: Timothy L. Brown AGENDA MEMORANDUM Future Item for the City Council Meeting of September 23, 2014 Action Item for the City Council Meeting of September 30, 2014 DATE: September 9, 2014 TO: Ronald L. Olson, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Tax Abatement Guidelines CAPTION: Resolution adopting the City's Guidelines and Criteria for Granting Tax Abatements. PURPOSE: Approve the tax abatement guidelines for the City of Corpus Christi. BACKGROUND AND FINDINGS: Tax abatement is an incentive where companies for a certain amount of investment and jobs can apply for property tax abatement for City property tax over a period of time. The State statute limits this time to ten years. The guidelines delineate the amount of investment required and the average salary requirements to get a specific level of tax abatement. ALTERNATIVES: The guidelines must be in place to be able to offer tax abatement as an incentive OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund: Not applicable RECOMMENDATION: Staff recommend the approval of the resolution to approve the tax abatement guidelines. LIST OF SUPPORTING DOCUMENTS: Resolution with Tax Abatement Guidelines Resolution adopting the revised the City's Guidelines and Criteria for Granting Tax Abatements WHEREAS, on December 6, 2011, the City Council by Resolution 029298, adopted the City's Guidelines and Criteria for Granting Tax Abatement; WHEREAS, the City's Guidelines and Criteria for Granting Tax Abatement, by State statute, expires two years from date and need to be adopted to make tax abatement available; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City's Guidelines and Criteria for Granting Tax Abatement are adopted. A copy of the revised Guidelines and Criteria are attached to and incorporated into this resolution as Exhibit A. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas of , 2014 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Resolution - Tax. Abatement Guidelines EXHIBIT A Tax Abatement Guidelines Resolution - Tax Abatement Guidelines CITY OF CORPUS CHRISTI GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT September 30, 2014 WHEREAS, the attraction of long-term Added Value and the establishment of new permanent full-time jobs in the area would enhance the economic base of area taxing entities; WHEREAS, Corpus Christi must compete with other communities across the nation currently offering tax inducements to attract new plant and modernization projects, and studies have shown that a favorable local tax climate and start-up tax concessions rank second on the list of priorities for new plant installations or expansions; WHEREAS, tax abatement is one of the principal means by which the public sector and the private sector can forge a partnership to promote real economic growth within a community; WHEREAS, any tax incentives offered must be strictly limited in application to those new and existing industries that bring new wealth to the community in order to avoid reducing the needed tax revenues of area taxing entities; WHEREAS, the Property Redevelopment and Tax Abatement Act ("Act"), Chapter 312 of the Texas Tax Code authorizes taxing units to provide property tax abatement for limited periods of time as an inducement for the development or redevelopment of a property; WHEREAS, a Texas Enterprise Zone constitutes designation as a Reinvestment Zone without further hearing or other procedural requirements under Chapter 312, Texas Tax Code; WHEREAS, the Act requires eligible taxing jurisdictions to establish Guidelines and Criteria ("Guidelines") as to eligibility for tax abatement agreements prior to granting any future tax abatement, the Guidelines may not be changed for a two-year period unless amended by a three-fourths vote; WHEREAS, the City Council by Resolution 028424, on November 17, 2008, adopted the City of Corpus Christi Economic Development Policies, 2009-2011, which contain the City's Guidelines for tax abatement; WHEREAS, there is a need to supplement those Guidelines with greater detail on the requirements for tax abatement agreements; WHEREAS, in order to assure a common, coordinated effort to promote economic development in the area, these Guidelines have been circulated among Nueces County, Del Mar College, and other taxing entities for consideration as a common policy for ail jurisdictions which choose to participate in tax abatement agreements; and 1 Corpus Christi Tax Abatement Guidelines 09 30 2014 NOW, THEREFORE, BE IT RESOLVED by the City of Corpus Christi that these Guidelines for granting tax abatement be adopted: Section 1. Definitions. 'Abatement" means the temporary, full or partial exemption from ad valorem taxes of certain added value to real and personal property in a zone designated for economic development purposes under the Act. "Added Value" means the increase in the assessed value of an eligible property as a result of "expansion" or "modernization" of an existing facility or construction of a "new facility." It does not mean or include "deferred maintenance." "Agreement" means a contractual agreement between an Owner and the City for the purposes of tax abatement. "Base Year Value" means the assessed value of eligible property as of the January 1 preceding the execution of an Agreement, plus the agreed upon value of eligible property improvements made after January 1 but before the execution of the Agreement. "Basic Manufacturing or Service Facility" means buildings and structures, including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services that derive a majority of revenue from points beyond a 50 mile radius of Nueces County. "Catalyst Area" mean an area within a Texas Enterprise Zone, Downtown, Corpus Christi (North) Beach, Padre and Mustang Islands (other than areas within Tax Increment Reinvestment Zone Number Two, City of Corpus Christi), or other areas designed as catalyst areas by the City Council. "City" means the City of Corpus Christi that levies ad valorem taxes upon and provides services to property located within a proposed or existing zone designated under the Act. "Convention Center Hotel" means a hotel. "Deferred Maintenance" means improvements necessary for continued operations that do not improve productivity or alter the process technology. "Downtown Revitalization Housing Facility" means a Multi -family Housing Facility constructed or renovated in the area encompassed by the Downtown Management District; provided that a Multi -family Housing Facility, which is located near the boundaries of the Downtown Management District, may be considered if the Facility is determined by the City Council to assist in the revitalization of the downtown area. 2 Corpus Christi Tax Abatement Guidelines o9 30 2014 "Economic Life" means the number of years a property improvement is expected to be in service in a Facility. "Enterprise Zone Residential Redevelopment Facility" means buildings and structures used or to be used primarily for residential purposes that is located within a Texas enterprise zone. "Expansion" means the addition of buildings, structures, fixed machinery, or equipment for the purposes of increasing capacity. "Facility" means property improvements completed or in the process of construction that together compromise an integral whole. "Historic Structure" means any structure that has been designated by the Corpus Christi Landmark Commission as historically significant. "Locally Owned" means a facility, manufacturer, supplier, contractor, and labor supplier whose owner resides in or maintains its principle office within a 50 mile radius of Nueces County. "Mixed-use facility" means a facility having residential and commercial uses where the commercial use occupies more than 20% of the structure, "Multi -family housing" means a facility designed, arranged, or used exclusively for the use and occupancy of three or more families living independently of each other. The dwelling structure may include a triplex, apartment, townhouse, condominium, cooperative, high-rise, etc. "Modernization" means the replacement and upgrading of existing facilities that increases the productive input or output, updates the technology, or substantially lowers the unit cost of the operation, and extends the economic life of the facilities. Modernization may result from the construction, alteration, or installation of buildings, structures, fixed machinery, or equipment. "Modernization" does include work done for the purpose of reconditioning, refurbishing, repairing, or completion of deferred maintenance to a structure. "New Facility" means a property previously undeveloped, which is placed into service by means other than or in conjunction with an expansion or modernization. "Owner" means the owner of a Facility subject to abatement. If the Facility is constructed on a leased property, the Owner is the party that owns the property subject to tax abatement. The other party to the lease must join in the execution of Agreement, but may not be obligated to assure performance of the party receiving abatement. "Permanent full-time job" means a new employment position or full-time equivalent created by a business that provides a regular work schedule of at 3 Corpus Christi Tax Abatement Guidelines 09 30 2014 least 32 hours per week or 1,664 hours of employment per year to a Corpus Christi Metropolitan Statistical Area resident and maintains the employment position during the term of the Agreement. "Petrochemical Facility" means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture or processing of petrochemicals or fuels by physical or chemical change. "Regional Distribution Center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service, or distribute goods or materials owned by the Facility operator where a majority of the goods or services are distributed to points beyond a 50 mile radius of the City. "Regional Telecommunications/Data Processing Center Facility" means buildings and structures used or to be used primarily for the provision of telecommunication or data processing services by the Facility operator where a majority of the services are provided to points beyond a 50 mile radius of the City. "Regional Visitor/Amusement Facility"' means buildings and structures used or to be used primarily as a stadium, arena, amusement park, or similar attraction or sports venue. "Rehabilitation" means that the Added Value, as defined, of the project exceeds the base year of a development property by $250,000. "Texas Enterprise Zone" means any area designated as an enterprise zone under Chapter 2303, Texas Government Code. Section 2. Abatement Authorized. (a) Authorized Facilities. A Facility may be eligible for abatement if it is one of the following: (1) Basic Manufacturing Facility. (2) Basic Service Facility. (3) Regional Distribution Center Facility. (4) Regional Telecommunications/Data Processing Center Facility. (5) Regional Visitor/Amusement Facility. (6) Enterprise Zone Facility. 4 Corpus Christi Tax Abatement Guidelines 09 30 2014 (7) Downtown Revitalization Housing Facility. (8) Petrochemical Facility. (9) Convention Center Hotel. (10) Historically Significant Structure. (b) Abatement for New Facilities or Improvements to Existing Facilities. Abatement may be granted for new facilities and improvements to existing facilities for the purpose of modernization or expansion. (c) Creation of New Value. Abatement may only be granted for the additional value of eligible property improvements made subject to and listed in an Agreement between the City and the Owner, subject to the limitations as the City requires. The economic life of the improvements must exceed the term of the Agreement. (d) Eligible Property. Abatement may be extended to the value of the improvements to real property, including buildings, structures, fixed machinery and equipment, and site improvements, plus that office space and related fixed improvements necessary to the operation and administration of the Facility. Abatement may also be extended for tangible personal property as defined by the Texas Tax Code. (e) Ineligible Property. The following types of property are fully taxable and ineligible for abatement, unless specifically authorized by the City Council: (1) Land. (2) Inventories. (3) Supplies. (4) Tools. (5) Furnishings and other forms of movable personal property. (6) Vehicles. (7) Vessels. (8) Aircraft. (9) Housing, other than an Enterprise Zone Residential Redevelopment Facility or Downtown Revitalization Housing Facility. (10) Hotel accommodations, other than a convention center hotel. (11) Deferred maintenance investments, 5 Corpus Christi Tax Abatement Guidelines 09 30 2014 (12) Property to be rented or leased, except when the Owner is the lessee of the land, but is the Owner of the Facilities. (13) Improvements for the generation or transmission of electrical energy not wholly consumed by a New Facility or expansion. (14) Any improvements, including those to produce, store, or distribute natural gas, fluids, or gases that are not integral to the operation of the Facility. (15) Improvements to real property that have an economic life of less than 15 years. (16) Property owned or used by the State of Texas or its political subdivisions, or by any organization owned, operated, or directed by a political subdivision of the State of Texas. (f) Period of Abatement. (1) Abatement may be granted effective with the January 1 valuation date immediately following the date of execution of the Agreement. Abatement may be allowed for a period of up to ten years, including the period of construction. 1f the period of construction exceeds two years, the Facility is considered completed for purposes of abatement at the end of two years, and in no case may the total period of abatement, inclusive of the construction period, exceed ten years. (2) Abatement for a Downtown Revitalization Housing Facility may be granted effective with the January 1 valuation date immediately following the date of execution of the Agreement. Abatement may be allowed for a period of seven years, including the period of construction. If the period of construction exceeds two years, the Facility is considered completed for purposes of abatement at the end of two years, and in no case may the total period of abatement, inclusive of the construction period, exceed seven years. (g) Completion of Construction. The completion of construction is deemed to occur upon the earliest of the following events: (1) When a certificate of occupancy is issued for the project (if it is located within a city). (2) When commercial production of a product or provision of a service is achieved at the Facility. (3) When the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument. (4) Two years after the date of the Agreement. 6 Corpus Christi Tax Abatement Guidelines 09 30 2014 (h) Determination of Completion of Construction. The determination of the completion of construction is made by the City, in its sole and absolute discretion, based upon the above criteria and the other factors as the City deems relevant. The determination of the completion of construction is conclusive, and any judicial review of the determination must be governed by the substantial evidence rule. (1) Abatement Percentage. Temporary property tax abatement may be authorized for the development of a New Facility, Expansion, or Modernization that meets either qualification criteria of capital investment or a qualification criteria based upon a combination of the number of new jobs created plus the average salary of all jobs at the facility. (1) The capital investment qualification criteria is as follows: Added Value from Capital Investment Abatement Level $2,000,000 to $10,000,000 Level 1 $10,000,001 to $50,000,000 _ Level 2 $50,000,001 to $150,000,000 Level 3 $150,000,001 to $500,000,000 Level 4 Over $500,000,000 Level 5 Note: ' The qualification for abatement by capital investment is based upon the added value of Eligible Property as reflected on the tax rolls of the applicable appraisal district. (2) The combination of new jobs and salary criteria is as follows: Number of New Jobst Average Salary Up to $50,000 Average Salary $50,001 to $70,000 Average Salary Over $70,000 20 to 99 New Jobs Level 1 Level 2 Level 3 100 to 199 New Jobs Level 2 Level 3 Level 4 200 or more New Jobs Level 3 Level 4 Level 5 Note: ° Provided that, obtaining temporary tax abatement based solely on the creation of the new jobs must be further conditioned on the requirement for the improvement or repair of property in order to meet the minimum requirements of the Act. (3) The level of any New Facility, Expansion, or Modernization that is located within a Catalyst Area or that is a Locally -Owned Facility is increased by one level above the standards set forth in Section 2(i)(1) and (2) above, with a minimum level of 3 for any the project. Further, if a Facility qualifies under both the capital investment qualification criteria and the new jobs and salary criteria, the Facility will be increased by one level above the highest criteria level achieved. (4) A historically significant structure is a minimum of Tier 3. (5) Any New Facility, Expansion, or Modernization that utilizes the Leadership in Energy and Environmental Design (LEED) Green Building Rating System may be increased at least one level above the qualifying level for abatement. 7 Corpus Christi Tax Abatement Guidelines 09 30 2014 (6) Abatement for a small business facility providing Added Value of at least $250,000 may be considered within a Catalyst Area or as a Locally -Owned Facility by the City Council on a case-by-case basis. (7) Upon compliance with the above criteria, the percentage of tax abated may be under the following schedule, with 100% abatement in each case during the construction period of up to two years: Year Level 1 Level 2 Level 3 Level 4 Levels Year 1* 100% 100% 100% 100% 100% Year 2* 100% 100% 100% 100% 100% Year 3 100% 100% 100% 100% 100% Year 4 75% 100% 100% 100% 100% Year 5 50% 75% 100% 100% 100% Year 6 25% 50% 75% 100% 100% Year 7 25% 50% 75% 100% Year 8 _ 25% 50% 75% Year 9 25% 50% Year 10 25% *Construction Period (8) In the event the Added Value caused by the Project is less than $2.0 million, no abatement may be granted unless the Facility is a Rehabilitation Project as described in Section 2(k) or historically significant as described in Section 2(1). (9) In order to be counted as a permanent job under these Guidelines, the job must be a full-time position providing regular work schedules of at least 32 hours per week. (10) For a Downtown Revitalization Housing Facility, the percentage of tax abated is under the following schedule: Year Percentage of Abatement Year 1* 100% Year 2* 100% Year 3 100% Year 4 100% Year 5 100% * Construction Period (11) For compliance purposes, the date for determining a permanent full-time job will be six months from the date of completion. The business must maintain the same level of employment or increase employment during the term of the agreement. (12) For an Enterprise Zone Facility, the jobs must be created within six months following the completion of construction. One new permanent full-time job must 8 Corpus Christi Tax Abatement Guidelines 09 30 2014 be added per $50,000 of Added Value to a property. The Owner must maintain the same level of employment or increase employment during the term of the Agreement. For example: Company X is rehabilitating a building in a Texas Enterprise Zone for a commercial use. The current value of the building is $250,000 and Company X estimates an added value of $750,000. The job requirement will be to create and maintain a minimum of 15 permanent full-time positions during the term of the Agreement. ($750,000 /$50,000 = 15) (13) For residential multi -family housing, the job creation requirement will be waived. (14) For mixed-use facilities, the job requirement will be prorated. For example: Company Y is constructing a mixed-use facility that is 30% non-residential and the Added Value is $1,500,000. The job requirement will be to create and maintain a minimum of 9 permanent full-time jobs during the term of the Agreement, (1,500,000 X .30 = $450,000/$50,000=9) (f) Living Wage Requirement. In order to count as a permanent full-time job under this tax abatement program, the job should provide a "living wage" for the employee. The target living wage under this abatement program is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. The City has the right to adjust the living wage target under these Guidelines and insert a specific target in each property Agreement to govern the abatement offered under that Agreement. (g) Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement (h) Utilization of Local Contractors and Suppliers. Developer agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements for elements that are not owner - provided or owner affiliate -provided being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the Local Requirement. (1) Utilization of Disadvantaged Business Enterprises. Developer agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises, in the construction of elements of the Project that are not owner -provided or owner affiliate -provided. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as 9 Corpus Christi Tax Abatement Guidelines 09 30 2014 complying with state or federal standards for qualification as such an enterprise. The Developer agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements, for elements of the Project that are not owner -provided or owner affiliate -provided, being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the DBE Requirement. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. (j) Rehabilitation Projects. The $2 million minimum Added Value requirement for abatement does not apply to rehabilitation projects that involve the adaptive reuse of an existing structure or building for a Facility. (1) In order to qualify as a rehabilitation project under this provision, the project must involve a minimum Added Value, as defined, of $250,000. Any rehabilitation project must involve the adaptive reuse of an existing structure or building currently on the property tax rolls so that the Base Year Value associated with the project will include both the value of the land and the existing improvements. (2) For the rehabilitation projects, all Eligible Property in excess of the Base Year Value are subject to abatement, plus the value of personal property, such as furniture and movable equipment that would otherwise be considered Ineligible Property for any other type of abatement category. (3) In no event, however, may the total value of personal property subject to abatement exceed $1 million or the total amount of all property subject to abatement in a rehabilitation project exceed $5 million. (k) Historical Significant Structures. The $2 million minimum Added Value requirement for abatement does not apply to historical projects. (1) In order to qualify as an historical significant project under this provision, the project must be designated as historically significant by the CC Landmark Commission. (2) For the historical projects, all Eligible Property in excess of the Base Year Value are subject to abatement, plus the value of personal property, such as furniture and movable equipment that would otherwise be considered Ineligible Property for any other type of abatement category. Properties in Industrial Districts. For eligible property to be constructed in an area which is covered by an executed industrial district agreement with the City, the method of calculating payments in lieu of property taxes for the eligible property is set forth in the 10 Corpus Christi Tax Abatement Guidelines 09 30 2014 industrial district agreement. As an alternative to an industrial district agreement, an eligible property may be covered by an Agreement. (I) Economic Qualification for Non -Residential Development and Mixed -Use Facilities. (1) In order to be eligible for tax abatement, the planned improvement for a Non - Residential Development or Mixed -Use Facility may create no later than the January 1 following the completion of construction and maintain throughout the remainder of the term of the Agreement the minimum number of 50 permanent full-time jobs in City. (2) The planned improvement for a Non -Residential Development or Mixed -Use Facility may not adversely affect competition in the local market with established local businesses. (m) Taxability. From the execution of the Agreement to the end of the abatement period, taxes will be payable as follows: (1) The value of Ineligible Property as provided in Section 2(e) are fully taxable (except for personal property added in connection with a Rehabilitation Project). (2) The Base Year Value of existing Eligible Property as determined each year are fully taxable. (3) The Added Value of new Eligible Property (and certain personal property added in connection with a Rehabilitation Project) is taxable, less the authorized abatement provided in Section 2(i). Section 3. Application. (a) Written Application. Any present or potential owner of taxable property may request tax abatement by filing a written application with the City Manager. (b) Contents of Application. The application must consist of a completed application form provided by the City or Corpus Christi Regional Economic Development Corporation accompanied by the following: (1) A general description of the new improvements to be undertaken. (2) A descriptive list of the improvements for which abatement is requested. (3) A list of the kind, number, and location of all proposed improvements of the property. (4) A map and metes and bounds property description. (5) A time schedule for undertaking and completing the proposed improvements. 11 Corpus Christi Tax Abatement Guidelines 09 30 2014 (6) In the case of a modernization or expansion project, a statement of the assessed value of the Facility, separately stated for real and personal property, must be given for the tax year immediately preceding the application. (c) Additional information. The City may require additional financial and other information that the City deems appropriate for evaluating the financial capacity and other relevant factors of the applicant. (d) Written Notification to Other Governing Bodies. Upon receipt of a completed application, the City Manager will forward a copy of the application to the presiding officer of the governing body of each jurisdiction that has taxing authority over the property covered by the application. (e) Feasibility. After receipt of an application for abatement, the City will consider the feasibility and the impact of the proposed tax abatement. The study of feasibility includes, but not be limited to, an estimate of the economic effect of the abatement of taxes and the benefit to the City and the property to be covered by the abatement. (f) No Abatement if Construction has Commenced. No Agreement may be approved if the application for the abatement was filed after the commencement of construction, alteration, or installation of improvements related to the proposed Modernization, Expansion, or New Facility. (g) Variance. Requests for variance from the provisions of Section 2 may be made in written form, provided, however, that no variance may extend the term of abatement beyond ten years. The requests must include a complete description of the circumstances explaining why the applicant should be granted a variance. Approval of a request for variance requires a three-fourths vote of the City Council. Section 4. Public Hearing and Approval. (a) Designation of Tax Abatement Reinvestment Zone. An action designating a reinvestment zone for tax abatement under the Act may not be adopted by the City Council until a public hearing has been held at which interested persons are entitled to speak and present evidence for or against the designation. Notice of the hearing must be provided to the public in the manner required by the Act. (b) Tax Abatement Reinvestment Zone. Under Chapter 312, Texas Tax Code, a designated Texas Enterprise Zone constitutes designation as a Reinvestment Zone without further hearing or other procedural requirements. Under Chapter 2302 of the Texas Government Code, a federally designated Renewal Community or Census Block Group with poverty greater than 20% constitutes designation as a Texas Enterprise Zone. Therefore, the Renewal Community is a Reinvestment Zone, without further hearing. 12 Corpus Christi Tax Abatement Guidelines 09 30 2014 Section 5. Agreement. (a) Required Findings. In order to enter into an agreement, the City must find that the terms of the proposed Agreement meets the requirements of the Act and these Guidelines. (b) Reservation of Rights. Nothing in these Guidelines may be construed to limit the authority of the City to examine each application for tax abatement before it on a case- by-case basis and determine in the City's sole and absolute discretion whether or not the proposed project should be granted temporary tax abatement, whether or not it complies with these Guidelines, is feasible, and whether or not the proposed temporary abatement of taxes will inure to the long-term benefit of the City. (c) Contents of Tax Abatement Agreement. The Agreement with the Owner of the Facility must include all of the following: (1) The estimated value to Facility subject to abatement and the Base Year Value. (2) The percentage of value to be abated each year as provided in Section 2. (3) The commencement date and termination date of abatement. (4) A provision that the term of the Agreement must extend until five (5) years after the expiration of the period of tax abatement. (5) The proposed use of the Facility, nature of construction, time schedule, map, metes and bounds property description, and improvements list as provided in the application. (6) The contractual obligations in the event of default, delinquent taxes, recapture, administration, and assignment as provided in these Guidelines, or other provisions that may be required for uniformity or by state law. (7) The amount of Added Value and required number of permanent full-time jobs. (d) Time of Execution. The Agreement will normally be executed within 60 days after the applicant has provided all necessary information and documentation. (e) Attorney's Fees. In the event any attorney's fees are incurred by the City in the preparation of an agreement, the fees must be paid by the applicant upon execution of the Agreement. 13 Corpus Christi Tax Abatement Guidelines 09 30 2014 Section 6. Recapture. (a) Failure to Commence Operation During Term of Agreement. (1) In the event that the Facility is not completed and does not begin operation with the required minimum number of permanent full-time jobs by the January 1 following the completion of construction, no abatement may be given for that tax year, and the full amount of taxes assessed against the property is due and payable for that tax year. (2) In the event that the Enterprise Zone Facility is not completed and does not begin operation with at least one permanent full-time job per $50,000 of Added Value within six months following the completion of construction, no abatement may be given for that tax year, and the full amount of taxes assessed against the property are due and payable for that tax year. In the event that the Owner of such a Facility fails to begin operation with the required minimum number of permanent full-time jobs by the next January 1 or for an Enterprise Zone Facility, at least one permanent full-time job per $50,000 within 1 year following the completion of construction, then the abatement agreement terminates and all abated taxes during the period of construction must be recaptured and paid within 60 days of the termination. (b) Discontinuance of Operations During Term of Agreement. In the event the Facility is completed and begins operation with the required number of jobs, but subsequently discontinues operations and the required number of permanent full-time jobs are not maintained as required, for any reason, except on a temporary basis due to fire, explosion, other casualty or accident, or natural disaster, the Agreement may be terminated by the City providing abatement, and all taxes previously abated by virtue of the Agreement must be recaptured and paid within 60 days of the termination. (c) Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest, the Agreement automatically terminates and there may be no abatement of the taxes for the tax year of the delinquency. The total taxes assessed without abatement, for that tax year must be paid within 60 days from the date of termination. (d) Notice of Default, Should the City determine that the Owner is in default under the terms and conditions of its Agreement, the City will notify the Owner in writing at the address stated in the Agreement that if the default is not cured within 60 days from the date of the notice ("Cure Period"), then the Agreement will be terminated. In the event the Owner fails to cure the default during the Cure Period, the Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and paid as provided in these Guidelines. (e) Actual Capital Investment. Should the City determine that the total level of capital investment in eligible property is lower than provided in the Agreement, the difference 14 Corpus Christi Tax Abatement Guidelines 09 30 2014 between the tax abated and the tax that should have been abated based upon the actual capital investment as determined must be paid to the City within 60 days of notification to the Owner of the determination. (1) Reduction in Rollback Tax Rate. (1) If during any year of the period of abatement with respect to any property any portion of the abated value that is added to the current total value of the Facility, but is not treated as "new property value" (as defined in Section 26.012(17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" under Section 26.04(c)(2), Texas Tax Code, and if the City's budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the City for the succeeding year, then the City may recapture from the taxpayer a tax in an amount equal to the lesser of the following: (A) The amount of the taxes abated for that year by the City with respect to the taxpayer. (B) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the City. (2) If the City has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture, calculated under Section 6(f)(1)(B) above, will be prorated on the basis of the amount of the abatement with respect to each taxpayer. (3) All recaptured taxes must be paid within thirty (30) days after notice the recapture has been given to the affected taxpayer. Penalty and interest may not begin to accrue upon the sum until the first day of the month following the thirty (30) day notice, at which time penalty and interest accrues under the laws of the State of Texas. (g) Continuation of Tax Lien. The amount of tax abated each year under the terms of these Guidelines and the Agreement must be secured by a first and prior tax lien that continues in existence from year to year throughout the entire term of the Agreement or until all taxes, whether assessed or recaptured, are paid in full. (h) Automatic Termination. The Agreement must automatically terminate on and as of the date any of the following events occur: (1) The filing of a petition in bankruptcy by the Owner. (2) The making by the Owner of an assignment for the benefit of creditors. 15 Corpus Christ Tax Abatement Guidelines 09 30 2014 (3) Any involuntary petition in bankruptcy or petition for an arrangement under the federal bankruptcy code is filed against the Owner. (4) A receiver is appointed for the business of the Owner (i) Prior Notice of Automatic Termination Not Required. In the event of automatic termination for any of the reasons in Section 6(h), the prior notice of default provisions in Section 6(d) do not apply. Section 7. Administration. (a) Annual Assessment. The applicable appraisal district shall annually determine an assessment of the real and personal property subject to an Agreement. Each year, the Owner shall furnish the Appraisal District with the information as may be necessary for the abatement. Once value has been established, the Appraisal District may notify the affected jurisdictions which levy taxes of the amount of the assessment and the abatement. (b) Access to Facility. The Agreement must stipulate that employees or designated representatives of the City will have access to the Facility during the term of the Agreement to inspect the Facility to determine if the terms and conditions of the Agreement are being met. All inspections will be made only after giving 24 hours prior notice and will only be conducted in the manner as to not unreasonably interfere with the construction or operation of the Facility. All inspections will be made with one or more representatives of the Owner and under its safety standards. (c) Annual Evaluation. Upon completion of construction, the City individually or in conjunction with other affected jurisdictions, will annually evaluate each Facility receiving abatement to ensure compliance with the Agreement and report possible violations of the Agreement. (d) Annual Reports. The Owner shall certify to the City Council on or before April 1 each year that the Owner is in compliance with each applicable term of the agreement. Additionally, during the term of property tax abatement, the Owner shall provide to the City approving the abatement an annual report covering those items listed on Schedule 1 in order to document its efforts to acquire goods and services on a local basis. The annual report must be prepared on a calendar year basis and must be submitted to the City no later than ninety (90) days following the end of each the calendar year. The annual report must be accompanied by an audit letter prepared by an independent accounting firm which has reviewed the report. (e) "Buy Local" Provision. Each recipient of property tax abatement shall additionally agree to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. In any exception involving purchases over $10,000.00, a justification for the purchase must be included in the annual report. Each recipient shall further acknowledge that it is a legal and moral obligation of persons receiving property tax abatements to favor local 16 Corpus Christi Tax Abatement Guidelines 09 30 2014 manufacturers, suppliers, contractors, and labor, all other factors being equal. For the purposes of this provision, the term "local" as used to describe manufacturers, suppliers, contractors, and labor included firms, businesses, and persons who reside in or maintain an office in the Corpus Christi Metropolitan Statistical Area. In the event of a breach of the buy -local provision, the percentage of abatement will be proportionately reduced equal to the amount the disqualified contract bears to the total construction cost for the project. (f) Right to Modify or Cancel. Notwithstanding anything in these Guidelines or in any agreement to the contrary, the City Council may cancel or modify the agreement if the Owner fails to comply with the Agreement. (g) Transition Rule. For any project which obtained an Agreement within the twelve months prior to adoption of these Guidelines, the project may, upon the agreement of the Owner and the City, obtain an amendment to its Agreement to incorporate the terms and conditions of these Guidelines. 17 Corpus Christi fax Abatement Guidelines 09 30 2014 SCHEDULE 1 "Buy Local" Annual Reports The following information must be reported to the City on a calendar -year basis during the first four years of the tax abatement program: 1. Dollar amount spent for materials* (local). 2. Dollar amount spent for materials* (total). 3. Dollar amount spent for labor** (local). 4. Dollar amount spent for labor** (total). 5. Number of jobs created in the construction project (local). 6. Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local). 8. Number of jobs created on a permanent basis (total). * "Materials" is defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily -available locally. ** "Labor" is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. The term "local" as used to describe manufacturers, suppliers, contractors and labor includes firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricio County. 18 Corpus Christi Tax Abatement Guidelines 09 30 2014 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 23, 2014 Second Reading for the City Council Meeting of September 30, 2014 DATE: August 22, 2014 TO: Ronald L. Olson, City Manager FROM: Julio Dimas, Interim Assistant Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning from Single -Family to Commercial and Multifamily For Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown Property Address: 7901 South Padre Island Drive CAPTION: Case No. 0814-01 Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown: A change of zoning from "RS -6" Single -Family 6 District to "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2 resulting in a change to the Future Land Use Plan. The property is described as being 14.24 acres out of Lots 23 and 24, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located south of Williams Drive between Ennis Joslin Road and Paul Jones Avenue. PURPOSE: To rezone property to allow apartment and retail uses. RECOMMENDATION: Planning Commission and Staff Recommendation (August 13, 2014): Approval of the rezoning from "RS -6" Single -Family 6 District to "CN -1" Neighborhood Commercial District on Tract 1 and to the "RM -3" Multifamily 3 District on Tract 2. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2 to allow construction of a 336 -unit student housing development on 10.80 acres, and a convenience store and retail strip center on 3.44 acres. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. The Zoning Map amendment does not have a negative impact upon the surrounding neighborhood. ALTERNATIVES: Deny the request OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for a low density residential use. Although the proposed rezoning to the "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2 is not consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use, our staff finds the proposed student housing development, convenience store, and retail strip center will have direct access to a major collector and is compatible with the present zoning and conforming uses of nearby property. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits Ordinance amending the Unified Development Code ("UDC"), upon application by Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown ("Owners"), by changing the UDC Zoning Map in reference to a 14.24 -acre tract of land out of Lots 23 and 24, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District on Tract 1 and to the "RM -3" Multifamily 3 District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown, ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 13, 2014, during a meeting of the Planning Commission, and on Tuesday, September 23, 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 Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 14.24 -acre tract of land out of Lots 23 and 24, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located south of Williams Drive between Ennis Joslin Road and Paul Jones Avenue (the "Property"), from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District on Tract 1 (3.44 acres) and to the "RM -3" Multifamily 3 District on Tract 2 (10.80 acres), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of Tract 1 of the Property, Exhibit B, which is a metes and bounds description of Tract 2 of the Property, and Exhibit C, which is a map to accompany the metes and bounds descriptions, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property 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 City Secretary Nelda Martinez Mayor 0814-01 Ordinance, Gladys Mattie Smith Marital Trust Page 2 of 2 3.44 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 08896.B4.03 August 6, 2014 Fieldnotes, for a 3.44 Acre tract of land, of Lot 23, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas; said 3.44 Acre tract, being more fully described by metes and bounds as follows: Commencing, at a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR C.C. TX" found, on the Southwest line of Williams Drive, a public roadway, the Southeast line of the said Lot 24, from whence, a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR C.C. TX" found, on the North line of the said Williams Drive, for the South corner of Lot 1A, Block 4, Oso River Estates, Block 4, Lot IA, as recorded in Volume 68, Page 30 and 31 of the said Map Record, bears, North 28°35'20" East, 65.00 feet; Thence, North 61°09'54" West, with the said Southwest line of Williams Drive, 823.50 feet for the Point of Beginning and North corner of this tract; Thence, South 28°38'11" West, 571.00 feet, for the South corner of this tract; Thence North 61°09'54" West, 266,80 feet, for the West corner of this tract; Thence, North 28°50'06" East, 545.95 feet, to the Southeast corner of Ennis Joslin Road, for a corner of this tract and the beginning of a non -tangent curve to the right, having a radius point which bears, South 61°20'42" East, 15.00 feet, a central angle of 90'16'17", a radius of 15.00 feet, a tangent length of 15.07 feet and an arc length of 23.63 feet; Thence, with the arc of the said curve to the right, 23.63 feet, to a 5/8 inch iron rod, found, with cap stamped "Bass and Welsh Engineering" on the said Southwest line of Williams Drive, for a corner of this tract; Thence, South 61°09'54" East, with the said Southwest line, 100.00 feet, to a 5/8 inch iron rod, found, with a red plastic cap stamped "Urban Engr C.C. Tx", for a corner of the said Williams Drive and this tract; Thence, South 66°52'43" East, continuing with the said Southwest line, 100.45 feet, to a 5/8 inch iron rod, found, with a red plastic cap stamped "Urban Engr C.C. Tx", for a corner of the said Williams Drive and this tract; S:1Surveying188961B403\OFFICE\METES AND BOUNDS1008896B403-3.44 Acre Zoning 20140806.doc Page 1 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 www.urbaaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 Exhibit A Thence, South 61°09'54" East, with the said Southwest line, 49.85 feet, to the Point of Beginning, containing 3.44 acres (150,093 Square Feet) of land, more or less. Bearings are based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. This description was prepared from field work performed in May of 2013 and does not represent a current on the ground survey. Unless this fieldnote 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 tract described herein. URBAN ENGINEERING Keith W. Wooley, R.P.L License No. 5463 S:1Surveying188961B4031OFFlCE\METES AND BOUNDS \008896B403-3.44 Acre Zoning 20140806.doc Page 2 of 2 Exhibit A 1.1 RBAN ENGINEERING 10.80 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 08896,B4.03 July 2nd, 2014 Fieldnotes, for a 10.80 Acre tract of land, of Lots 23 and 24, Section 28, Flour Bluff and Encinal Farm and. Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas; said 10.80 Acre tract, being more fully described by metes and bounds as follows: Beginning, at a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR C.C. TX" found, on the Southwest line of Williams Drive, a public roadway, the Southeast line of the said Lot 24, for the East comer of this tract, from whence, a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR C.C. TX" found, on the North line of the said Williams Drive, for the South corner of Lot 1A, Block 4, Oso River Estates, Block 4, Lot 1A, as recorded in Volume 68, Page 30 and 31 of the said Map Record, bears, North 28°35'20" East, 65.00 feet; Thence, South 28°35'20" West, with the said Southeast line, at 12.50 feet, pass the North corner of Lot 1, Paul Jones Sports Complex, as recorded in Volume 67, Pages 495-496, of the said Map Records, continue with the common line of the said Lot 1 and the said Lot 24, in all 571.01 feet, for the South corner of this tract; Thence North 61°09'54" West, 823.97 feet, for the West corner of this tract; Thence, North 28°38'11" East, 571.00 feet, to the Southwest line of the said Williams Drive, for the North corner of this tract, from whence, a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR C.C. TX" found, for a corner of the said Williams drive, bears, North 61°09'54" West, 49.85 feet; Thence, South 61°09'54" East, with the Southwest line of the said Williams Drive, 823.50 feet to the Point of Beginning, containing 10.80 acres (470,349 Square Feet) of land, more or less. Bearings are based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. This description was prepared from field work performed in May of 2013 and does not represent a current on the ground survey. Unless this fieldnote 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 tract desc r __ URBAN ENGINEERING \\Urbanfs021Data\Surveying188961B4031OFFICEIMETES AND BOUNDS100 Page 1 of 1 (361)854-3101 1 Keith W. Wooley, R.P.L.S. License No. 5463 -10.80 Acre Zoning-20140702.doc 2725 SWANTNER DR. • CORPUS CNRISTI,TEXAS 78404 www,urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 Exhibit B / / / A =90' 16' 17" R=15.00' T=15.07' L=23.63' 1 h .4, ° 6e o °r NAgo e,- FS ck g osOee30 Slee Te rO ti / /// // / // / /Q`" / / / o ° ° 300 200 100 0 o/ Site Pea Par SITE MAP N.T.S. Leaend: Fd. 5/8" I.R. with cap o stamped "Bass and Welsh Engineering" Set 5/8" I.R. with red • lastic cap stamped 'Urban Engr C.C. Tx" LINE BEARING DISTANCE L1 S61'09'54"E 100.00' L2 S66 -52'43"E 100.45' / eo 1Orr 23 Secf ° eh 9s Noe g7 °cfs es g3 s ° q ekOS Tract 2 "Point of Commencement" RS -6 to RM -3 for Tract 1 10.80 Acres / 470,349sf Exhibit C •e o hS k URBAN) ENGINEERING 1725 AM St, rape Ch:sh b Al. �r r w. ie rests r 172 ,mums rneNE 060859 -JIM 1,sr. 0611 851-6001 200 400 • ■•• Graphic Scale 1"=200' Sketch to Accompany Fieldnotes, for a 14.24 Acre tract of land, of Lots 23 and 24, Section 28, Flour Bluff and Encino) Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas REV: August 6, 2014 REV: July 21, 2014 DATE: June 26, 2014 SCALE: 1 "=200' JOB NO.: 08896.84.03 SHEET: 1 of 1 DRAWN BY: XG 0 2014 by Urban Engineering At N Aerial Overview Aerial t N PLANNING COMMISSION FINAL REPORT Case No. 0814-01 HTE No. 14-10000032 Planning Commission Hearing Date: August 13, 2014 Applicant & Legal Description Applicant/Owner: Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown Legal Description/Location: Being 14.24 acres out of Lots 23 and 24, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located south of Williams Drive between Ennis Joslin Road and Paul Jones Avenue. Zoning Request From: "RS -6" Single -Family 6 District To: "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2 Area: 14.24 acres Purpose of Request: To allow construction of a student housing development, a convenience store and a retail strip center. Existing Zoning and Land Uses Existing Zoning District Existi eland USite Future Land Use "RS -6" Single -Family 6 Vacant Low Density Residential North "RM -3" Multifamily 3 Medium Density Residential Medium Density Residential South "RS -6" Single -Family 6 Vacant Low Density Residential East "FR" Farm -Rural Park Low Density Residential West "RS -6" Single -Family 6 Vacant Low Density Residential Report Page 2 o o E a o 5 Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for a low density residential use. The proposed change of zoning to the "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2 is not consistent with the adopted Future Land Use Plan. Map No.: 039033 Zoning Violations None o 0. Transportation and Circulation: The subject property is located at the southeast corner of Ennis Joslin Road and Williams Drive. The property will have direct access to Williams Drive, which is an existing "C2" Secondary Collector street, and Ennis Joslin Road, which is a proposed "A3" Primary Arterial street. A traffic calculation was submitted and was determined that a Traffic Impact Analysis (TIA) was not required due to the number of trips during peak hour not exceeding 501 trips. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Williams Drive "C2" Secondary Collector Street 65' ROW 41' paved 65' ROW 41' paved Not Available Ennis Joslin Road "A3" Primary Arterial Street 130' ROW 79' paved 130' ROW 79' paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from "RS -6" Single Family 6 District to the "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2. Applicant's Development Plan: In the proposed 10.80 acres of "RM -3" Multifamily 3 District zoning, the applicant is proposing to develop a multifamily student housing development. The development will consist of 73 individual buildings with a total of 336 bedrooms for housing. The development will include a gym, swimming pool, basketball court and dog park. In the proposed 3.44 acres of "CN -1" Neighborhood Commercial District zoning, the applicant is proposing to develop a retail strip center. Existing Land Uses & Zoning: North of the subject property across and adjacent to Williams Drive is a new multifamily student housing development zoned "RM -3" Multifamily 3 District. South of the subject property is vacant land zoned "RS -6" Single - Family 6 District. East of the subject property is an existing park and Oso Pony League ball fields zoned "FR" Farm Rural District. West of the subject property is vacant land zoned "RS -6" District. Report Page 3 AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is not consistent with the Comprehensive Plan and the adopted Future Land Use Plan, which states the property for a low-density residential use. The proposed rezoning opens examination into two pertinent elements of the Comprehensive Plan such as: 1. The "neighborhood" commercial activities will be aimed toward meeting the daily convenience retail needs of nearby residents for food, pharmaceuticals, personal services, etc. 2. Rezoning to the new Neighborhood District will occur on limited site area in new residential development. Plat Status: The subject property will require platting with all infrastructure and public improvements in accordance with the Comprehensive Plan and all applicable area development plans and master plans. Department Comments: • Although the Zoning Map amendments are inconsistent with the Future Land Use Plan, the proposed student housing development will have direct access to a major collector and is compatible with the present zoning and conforming uses of nearby property street. The "RM -3" Multifamily 3 District also borders an existing sports complex. • The requested "CN -1" Neighborhood Commercial District is located at the intersection of a major collector street and major arterial street, which is an appropriate location for commercial uses. • The requested "RM -3" Multifamily 3 District is an expansion of the existing "RM -3" Multifamily 3 District to the North. The proposed rezoning will have minimum impact to the properties to the south. Planning Commission and Staff Recommendation: Approval of the rezoning from the "RS -6" Single -Family 6 District to "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2. Report Page 4 Public Notification Number of Notices Mailed — 5 within 200 -foot notification area 2 outside notification area As of August 31, 2014: In Favor In Opposition — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Aerial Map B. Site Map Report Page 5 Odie Created: 7212014 Prepared By Jee;nyM Oeparimear of Development Servrces CASE: 0814-01 2013 AERIAL Subject Property Exhibit A Report Page 6 ' ry41 ^ti�1 4 � y i v W Nbe�'`• ,1¢/I r' 1 ��U5A0' 1Y 3.83' TL:123 7' G�S �0 I 1 ■ "Point off ginnin " for for 1 SITE MAP N.T.S. LINE 121 L2 °Point al Beginning' for Trod 2 -Ingot 2 "Point of Commencement' 25-9 to RM -3 for Tract 1 10-00 Acme / 470,3400± / ru/ �y$ Legend' Fd- S/S" I.R- iikh cop 0 stomped 'Boss and Welsh Englneedng' Set 5/2 I.R. with red • elastic cop stamped Urban Engr C.C. Tx' aEA,runG 061'00'54'E 566'52'43'E 200 DISTANCE fa0.20` 100.45' 400 ti Graphic Scale 1 "=2❑0' Sketch to Accompany Feldnotea, for o 14-24 Acre Vogt of loud, of Lots 23 and 24. Section 22, Flour Bluff and Encino) Fane and Garden Tracts, o mop of which le recorded In Volume A, Pogo, 41-43, of tho Mop fivcards of Nucoes Gaunty, Teams URBAN' ENGINEERING ae w s>rdoer-.■ seJ Roe cxr Mr) as�sn v REV: August 6, 2014 REV: July 21, 2014 DATE: June 20, 2014 SCALE: 1"=200' JOB 00,; 08896.64.03 SHEET: 1 of 1 DRAWN BY: XG O 2014 by Urban Engineering Exhibit B AGENDA MEMORANDUM First Reading Item for the City Council Meeting of September 23, 2014 Second Reading Item for the City Council Meeting of September 30, 2014 DATE: TO: September 18, 2014 Ronald L. Olson, City Manager THRU: Wes Pierson, Assistant City Manager Business Support Services wesp@cctexas.com (361) 826-3082 THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works/Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P. E., Interim Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 Constance P. Sanchez, Director of Finance constancep@cctexas.com, (361) 826-3227 Ordinances Appropriating Fund Proceeds CAPTION: Ordinance appropriating funds as detailed in Attachment 1 summarized as follows: $19,293.27 in AIRPORT interest earnings for the City's match for future FAA Grant Projects; $201,380.61 in BOND PROCEED interest earnings for Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Convention Center, Parks, and Streets for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; $272,814.59 in UTILITY REVENUE BOND interest earnings for the support of the City's approved Capital Improvement Program; $135,529.63 in SPECIALTY BOND PROCEED interest earnings for Sales Tax Bonds for the Seawall, Packery Channel Bonds, and Energy Efficiency Bonds for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; and appropriating $239,234.33 in OTHER UNAPPROPRIATED FUNDS for Street Assessments, Construction Yard Lease Rental, Sale of Scrap, and Texas Department of Transportation Refund for the repair of city street due to private construction and other street expenses to be approved by City Council; and Changing the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to increase expenditures by total of $868,252.43. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued from April 1, 2013 through May 31, 2014 in the City's Capital Improvement Program Funds. BACKGROUND AND FINDINGS: This agenda item is a routine practice to efficiently manage City finances and provides additional funds which can be used for approved projects and debt service payments. It also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, and reimbursements. (See Attachment A). Funding for this year includes a reimbursement from the Texas Department of Transportation in the amount of $56,248.08 for work completed on State Highway 286 and a refund from the Corps of Engineers in the amount of $125,894.49 for City matching funds not used on the Packery Channel Dredging Project. ALTERNATIVES: 1. Appropriate the funds as recommended. 2. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 13-14 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 868,252.43 868,252.43 BALANCE 868,252.43 868,252.43 Fund(s): This item will appropriate $868,252.43 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance ORDINANCE APPROPRIATING FUNDS AS DETAILED IN ATTACHMENT 1 SUMMARIZED AS FOLLOWS: $19,293.27 IN AIRPORT INTEREST EARNINGS FOR THE CITY'S MATCH FOR FUTURE FAA GRANT PROJECTS; $201,380.61 IN BOND PROCEED INTEREST EARNINGS FOR BAYFRONT, PUBLIC FACILITIES, FIRE, POLICE, PUBLIC HEALTH AND SAFETY, SANITARY LANDFILL, CONVENTION CENTER, PARKS, AND STREETS FOR THE STATED BOND PROJECTS NOT YET COMPLETE, SIMILAR PROJECTS TO BE APPROVED BY CITY COUNCIL OR THE PAYMENT OF DEBT SERVICE; $272,814.59 IN UTILITY REVENUE BOND INTEREST EARNINGS FOR THE SUPPORT OF THE CITY'S APPROVED CAPITAL IMPROVEMENT PROGRAM; $135,529.63 IN SPECIALTY BOND PROCEED INTEREST EARNINGS FOR SALES TAX BONDS FOR THE SEAWALL, PACKERY CHANNEL BONDS, AND ENERGY EFFICIENCY BONDS FOR THE STATED BOND PROJECTS NOT YET COMPLETE, THE SUPPORT OF THE CITY'S APPROVED CAPITAL IMPROVEMENT PROGRAM, SPECIFIC MILITARY SUPPORTED PROJECTS AND AS DETERMINED BY THE TYPE A BOARD; AND APPROPRIATING $239,234.33 IN OTHER UNAPPROPRIATED FUNDS FOR STREET ASSESSMENTS, CONSTRUCTION YARD LEASE RENTAL, SALE OF SCRAP, AND TEXAS DEPARTMENT OF TRANSPORTATION REFUND FOR THE REPAIR OF CITY STREET DUE TO PRIVATE CONSTRUCTION AND OTHER STREET EXPENSES TO BE APPROVED BY CITY COUNCIL; AND CHANGING THE FY 2014 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 029916 TO INCREASE EXPENDITURES BY TOTAL OF $868,252.43. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. An amount of $19,293.27 in Airport Capital Improvement Plan (CIP) interest earnings is appropriated in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects. Section 2. An amount of $201,380.61 in Bond Proceed interest earnings for Bayfront, Public Facilities, Fire Police, Public Health and Safety, Sanitary Landfill, Convention Center, Parks, and Streets is appropriated in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service Section 3. An amount of $272,814.59 in Utility Revenue Bond interest earnings is appropriated in the funds as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program. Section 4. An amount of $135,529.63 in Specialty Bond Proceed interest earnings, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Energy Efficiency Bonds is appropriated in the funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board. Section 5. An amount of $239,234.33 in Other Appropriated Funds for street assessments, construction yard lease rental, sale of scrap and project refund is appropriated in the funds as listed in Attachment 1, Section 5 for the repair of city street due to private construction and other street expenses to be approved by City Council. Section 6. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is changed to increase expenditures by $868,252.43. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Unappropriated Revenue From Capital Improvement Funds SECTION 1 : AIRPORT 3020A Airport CIP Fund (Capital Reserves) 3020B Airport CIP Fund (Other) 3024 Airport 2000A CIP Fund (Rev) 3026 Airport 2012 CO CIP Fd 4621 AIRPORT PFC (2) FUND (4621) 4631 Airport CFC 2010 CO CIP fund Amount 24.43 494.46 315.49 17,671.71 732.94 54.24 AIRPORT TOTAL 19,293.27 SECTION 2 : BOND PROCEEDS Amount 3126 Bayfront Development 09 GO CIP (Bond 08) 26,652.38 3162 Public Facility 2013 GO (Bond 12) 10,622.59 3191 Fire Improvements 2009 GO CIP Fd (Bond 08) 6,757.08 3341 Police Improvements 09 GO CIP Fd (Bond 08) 0.00 3350 Public Health and Safety CIP Fd 10.95 3359 Public H & S 2004 CIP Fund (CO) 109.98 3362 Sanitary Landfill 2006 CIP FD (CO) 316.01 3365 Sanitary Landfill 2008 CIP (CO) 928.30 3366 Public H&S 2013 GO CIP (Bond 12) 186.69 PUBLIC H&S TOTAL 45,583.98 3182 Convention Center 2010 CIP Fund (CO) 33.23 CONVENTION CENTER TOTAL 33.23 3289 Park & Rec 2005 CIP Fund (GO) 3290 Park & Rec 08 TN CIP Fund (NT) 3291 Park&Rec 09 GO CIP Fd (Bond 08) 3292 Parks & Rec 2010 GO (Bond 08) 3293 Parks & Rec 2013 GO (Bond 2012) PARK TOTAL 3541 Street 2005 CI P Fund (GO) 3544 Street 2007A CIP Fund (GO) 3546 Street 09 GO CIP Fd (Bond 08) 3548 Street 2012 GO CIP Fd (Bond 08) 3549 Street 2013 GO CIP (Bond 12) 3701 Developer Participation (Bond 12) STREET TOTAL 41.70 0.00 97.86 1,829.98 27,071.68 29,041.22 1,198.22 472.71 24,888.05 50,588.26 49,216.81 358.13 126,722.18 BONDS TOTAL 201,380.61 SECTION 3 : UTILITY REVENUE BONDS Amount 3493 Storm Water 2012 CIP Fd (Rev Bond) 3494 Storm Water 2012A CIP Fd (Rev Bond) 3495 Storm Water 2012B CIP (Rev Bond) 3496 Storm Water 2012A CIP (Rev Bond) 4528 StormW 2010A CIP REV (Tax-exmpt) 4529 Storm Wtr 2010B REV (Txbl BAB) 4540 Storm Water Capital Reserves 3497 Storm Water 2013 CIP (Rev Bond) 3498 Storm Water 2013 CIP (Rev Bond) STORM WATER TOTAL 4551 Gas 09 CIP Fund (Rev Bond) 4555 Gas 2012B CIP Fd (Rev Bond) 4557 Gas 2013 CIP (Rev Bond) 4080 Water CIP Fund 4087 Water 2010 TWDB-WIF Loan (Rev) 4088 Water 2012 CIP Fd (Rev Bond) 4089 Water 2012A CIP Fd (Rev Bond) 4091 Water 2012B CIP Fund (Rev Bond) 4092 Water 2012A CIP (Rev Bond) 4093 Water 2013 CIP (Rev Bond) 4094 Water 2013 CIP (Rev Bond) 4476 Water 09 CIP Fd (Rev Bond) 4478 Water 2010A CIP REV (Tax-exmpt) 4479 Water 2010B REV (Txbl BAB) 3,566.51 18,164.49 45,641.66 5,676.05 0.00 416.46 4,241.19 12,262.35 2,377.58 92,346.29 32.59 652.92 470.10 GAS TOTAL 1,155.61 WATER TOTAL 4242 Wastewater 1995A CIP Fund (SRF) 4248 Wastewater 2012A CIP Fd (Rev Bond) 4249 Wastewater 2012B CIP (Rev Bond) 4251 Wastewater 2012A CIP (Rev Bond) 4252 Wastewater 2013 CIP (Rev Bond) 4253 Wastewater 2013 CIP (Rev Bond) 4501 WasteW 09 CIP Fd -(Rev Bond) 4504 Wastewater 2010B REV (Txbl BAB) 4510 Wastewater Capital Reserves WASTEWATER TOTAL 44.48 526.24 9,481.87 21,686.16 27,568.03 455.51 5,802.27 503.35 74.74 1,141.17 2,804.17 70,087.99 494.93 16,497.98 37,667.87 0.23 14, 828.19 453.23 54.32 468.96 38,758.99 109,224.70 UTILITY REVENUE BONDS TOTAL 272,814.59 SECTION 4 : SPECIALTY BOND PROCEEDS Amount 3489 Storm Water 2007A-1 (TMPC CO) 4246 Wastewater 2007A-1 (TMPC CO) 3542 Street 2007A-1 CIP (TMPC GO) 3543 Street 2007A-1 CIP (TMPC CO) TMPC TOTAL 3270 Seawall CIP Fund (2002 Sales Tax Rev.Bds) 3271 Seawall System CIP Fund 3272 Seawall Maintenance Reserve Fd SALES TAX BOND TOTAL 3161 Energy Effncy CIP 2012 PPFCO 3163 Energy Effcny CIP 2014 PPFCO ENERGY EFFICIENCY BOND TOTAL 812.77 0.00 298.01 983.87 2,094.65 118.36 323.54 5,906.05 6,347.95 408.89 93.03 501.92 3278 Packery Channel Projects TIF#2 126,585.11 PACKERY CHANNEL TOTAL 126,585.11 SPECIALTY BOND PROCEEDS 135,529.63 SECTION 5 : OTHER UNAPPROPRIATED FUNDS Amount 3530 Street CIP: Street Assessments 175,493.25 3530 Street CIP: Construction Yard Lease Rental 6,516.00 3530 Street CIP: Sale of Scrap 977.00 3530 Street CIP: TXDOT Refund SH 286 56,248.08 Other Unappropriated Total 239,234.33 GRAND TOTAL UNAPPROPRIATED REVENUE: 868,252.43 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 23, 2014 Second Reading Ordinance for the City Council Meeting of September 30, 2014 DATE: TO: FROM: September 11, 2014 Ronald L. Olson, City Manager Floyd Simpson, Chief of Police floyds@cctexas.com 886-2604 Appropriating $30,000 in the Parking Improvement Fund CAPTION: Ordinance appropriating $30,000 in the Parking Improvement Fund 1040 from Parking Meter Collection revenue for payment to the Corpus Christi Downtown Revitalization Alliance and changing the FT2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures in the Parking Improvement Fund by $30,000. PURPOSE: Appropriate the funds BACKGROUND AND FINDINGS: The Parking Advisory Committee made a presentation to City Council on July 15, 2014 for $30,000 to be disbursed through a contractual agreement to the Corpus Christi Downtown Revitalization Alliance (CCDRA), a 501C3, for use in hiring a Development Director specific to applying for and obtaining grants for revitalization efforts in the city center areas. In addition to government grants there are private grants available for specific types of projects that are not always available to government entities, but to non-profit organizations such as this. The project has currently identified $22 million dollars in grants available to be applied for and is being supported by both the Downtown Management District and the Uptown Neighborhood Initiative. 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 Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $30,000 $30,000 BALANCE $30,000 $30,000 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Signed agreement with CCDRA. Ordinance appropriating $30,000 in the Parking Improvement Fund 1040 from parking meter collection revenue for payment to the Corpus Christi Downtown Revitalization Alliance; and changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures in the Parking Improvement Fund by $30,000. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $30,000 in the Parking Improvement Fund 1040 from Parking Meter Collection Revenue is appropriated for payment to the Corpus Christi Downtown Revitalization Alliance, SECTION 2. That Ordinance No. 029915, which adopted the FY 2013-2014 Budget, is amended to increase expenditures in the Parking Improvement Fund 1040 by $30,000. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Development Director Service Agreement WHEREAS, the Parking Advisory Committee's initial research has identified $22MM in various grants available; WHEREAS, many private grants are unavailable to government entities, but are available to private or non-profit entities; WHEREAS, City staff typically may not pursue many small specific grants due to staff and time constraints; WHEREAS, Corpus Christi Downtown Revitalization Alliance will receive $5,000 from Downtown Management District, $5,000 from Uptown Neighborhood Initiative and $15,000 from private funding for a Development Director to apply for and obtain various grants from government and private organizations for the use of revitalization efforts in the City Center area; NOW, THEREFORE, Corpus Christi Downtown Revitalization Alliance and City of Corpus Christi enter into this Agreement and agree as follows: This Agreement is entered into this , 6th day of August 2014 (the "Effective Date") by the Corpus Christi Downtown Revitalization Alliance ("CCDRA"), a not-for-profit agency, and the City of Corpus Christi ("C") for Development Director Service. 1. Services. CCDRA's Development Director will apply for and obtain various grants from government and private organizations for the landscaping, beautification, construction, maintenance of the city center, tourism, and establishment and development ofparldng lots in the business areas of the city. City center is the described area bounded by the following streets: On the north by interstate 37 to the US Highway 181 interchange then US Highway 181 to the city limits, east by Corpus Christi Bay, south along Buford Street, west along North Staples Street. CCDRA will be responsible for evaluating qualifications and conditions for grants, applying for, managing and expending such funds received as required by the grantee. CCDRA is not to apply for or obtain any grants in the name of the City. CCDRA will provide notice to the City of any 1 and all grants the City is eligible far. CCDRA may provide notice of grants to private or non- profit onprofit entities where those grants are for the landscaping, beautification, construction, maintenance of the city center, tourism, and establishment and development of parking lots in the business areas of the city. 2. Fee for Services. The City agrees to pay the CCDRA those fees mutually agreed to between both parties as follows: The City agrees to pay CCDRA $30,000 for the services outlined in section 1 of this contract. 3. Payment. Payment shall be made by City within thirty (30) days of execution of this agreement. 4. Term, Termination. This Agreement shall begin on the final date of execution by all parties for an initial term of one (1) year. This agreement is not effective without final City Council approval. This Agreement may be terminated by any Party upon the giving of 30 days' advance written notice. All monies paid to CCDRA will be returned to the City less a prorated payment for services rendered based on days of service provide as of the date of notice of termination. 5. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases ofperformance and operations under this Agreement. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Chief of Police. 6. Annual Report. On or 15 days prior to the expiration of the Terms of this Agreement, CCDRA shall, at its sole expense, prepare and submit to the Chief of Police for his or her review, an Annual Report. This report will provide a general summary of the Development Director's activities and will include a complete financial accounting for all funds applied for 2 and acquired through the scope and course of services provided under the Terms of the Agreement. 7. Independent Contractors. CCDRA Development Director will perform the services hereunder as an Independent Contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of CCDRA be considered as an employee of the City. The Parties to this Agreement are, and will at all times remain, independent contractors. None of the Parties will represent itself to be an affiliate, employee, representative or agent of any other Party. In no event will the Parties be considered partners, joint venturers or fiduciaries. 8. Assignment and Successors. This Agreement shall be binding on and inure to the benefit of the parties to the Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of the other party. This Agreement does not create any personal liability on the part of any officer or agent of the City or CCDRA or any of their respective officers, agents, or employees. No assignment of this Agreement or any right or interest therein by CCDRA is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by CCDRA 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. 9. Liability. Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under state or federal law. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas 10. Indemnity and hold harmless. CCDRA agrees to 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 3 nature on account of death, personal injuries, property loss or damage or any other kind of damage, including all expenses of litigation, court costs, attorneys' fees and expert witness fees which arise or are claimed to arise out of or in connection with this 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. CCDRA 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. 11. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or band -delivered or on the third day alter deposit, if sent certified mail. Notice shall be sent as follows: IF TO CITY: Chief of Police Corpus Christi Police. Department 321 John Sartain Corpus Christi, TX 78401 IF TO CCDRA: Contact Person: Stefany Schade Address: 223 N. Chaparral Sl., Ste A City, State, Zip: Corpus Christi, TX 78401 Fax & Phone No.: 361-882-2363 4 12. Non -Waiver. Failure of any party to this Agreement to insist on the strict performance of any of the conditions or agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 13. Law and Venue. All parties shall comply with all applicable federal, State, county and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance hereunder. This Agreement will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas, and be in accordance with the Texas Rules of Civil Procedure. 14. Disclosure of interests. In compliance with Section 2-349 of the City's Code of Ordinances, the Lessee shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit A, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Lease. 15. Severability. _If any article, section, subsection, paragraph, sentence or clauseof this Agreement shall be deemed to be illegal, invalid or unenforceable for any reason, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. If any change occurs during the term of this Agreement with respect to any laws, rules, regulations or ordinances which affect the rights or obligations of CCDRA or the City under this Agreement, CCDRA and the City shall negotiate in good faith to bring this Agreement into conformance with such change or changes. Signatures to follow on the next page. 5 EXECUTED IN DUPLICATE be effective as of the last execution date set forth below: City of Corpus Christi Date 1 ATTEST: Rebecca Huerta City Secretary Approved as to legal form: Dr 6 , 2014 Buck Brice Assistant City Attorney For City Attorney Corpus Christi Downtown Revitalization Alliance Mew d.alOq e N: 2011 Ivo2741.0 W con +JS Gil'501/01061f 77t1.O1 Stefany Schade Chairperson 08.06.14 Date 6 SUPPLIER NUMBER TO BE ASSIGNED BY crIY PURCHASING DIVISION rrw� City of Corpus EXHIBIT A CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code 2-349, 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 next page for Filing Requirements, Certification and Definitions. COMPANY NAME: Downtown Revitalization Alliance STREET ADDRESS: 223 N Chaparral St Ste A P.O. BOX: CITY: Corpus Christi STATE: TX zip: 78401 FIRM IS: 1. Corporation 0 2. Partnership 0 3. Sole Owner 0 4. Association 0 5. Other 0 Not hr Profit 501c3 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." Bale Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name None 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 Committee None 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 None Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION 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: Signature of Certifying Person: Stelany Schade oTyh wre:hadwfe. r u. _VS 60. MI.a0611.11.91 AV Title: Chair Date: 08.06 14 DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. 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, whether under civil service or not, including part- time employees and employees of any corporation created by the city. 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. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 9/23/2014 Second Reading Ordinance for the City Council Meeting of 9/30/2014 DATE: TO: September 17, 2014 Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director of Budget EddieHo@cctexas.com (361) 826-3792 Appropriating Funds for the Emergency Repair of Corpus Christi Police Department Building Roof CAPTION: Ordinance appropriating a total of $267,214.82 from the unreserved fund balance in the No. 1020 General Fund for emergency repairs to the roof of the Police Department; and changing the operating budget adopted by Ordinance No. 029915 by increasing expenditures by $267,214.82. PURPOSE: Police department roof repairs are necessary to prevent further damage to equipment and the building. BACKGROUND AND FINDINGS: On May 26, 2014 a leak was discovered in the Police Department roof that allowed water to pour into an equipment room and short out radio communications equipment. An emergency declaration was made on May 28, 2014. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: The emergency was resolved and permanent repairs are underway; funds are now required to pay for the repairs. DEPARTMENTAL CLEARANCES: Police Department Capital Programs FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget — — — Encumbered / Expended Amount This item $267,214.82 — $267,214.82 BALANCE $267,214.82 — $267,214.82 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Memo Declaring an Emergency to Repair CCPD Roof Ordinance Page 1 of 2 Ordinance appropriating $267,214.82 from the unreserved fund balance in the No. 1020 General Fund for emergency repairs to the roof of the Police Department; and changing the FY 2013-2014 operating budget adopted by Ordinance No. 029915 by increasing expenditures by $267,214.82. Be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That $267,214.82 is appropriated from the Unreserved Fund Balance in the No. 1020 General Fund for emergency repairs to the roof of the Police Department. Section 3. That the FY 2013-2014 Operating Budget adopted by Ordinance 029915 is changed by increasing expenditures by $267,214.82. ORD-Approp-1020General-PD roof repairs Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, 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 , 2014, 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: Rebecca Huerta City Secretary ORD-Approp-1020General-PD roof repairs Nelda Martinez Mayor Capital Programs Memo TO: Honorable Mayor and Council Members FROM: Ronald L. Olson, City Manager • SUBJECT: Emergency Repairs Corpus Christi Police Department Building Roof Declaration of Emergency DATE: May 28, 2014 SUMMARY: Early morning Monday, May 26. 2014, a Corpus Christi Police Department (CCPD) staff member noticed that contact with a remote radio tower had been lost_ When inspecting the room that houses all radio communications equipment for police, fire and 911 services, a major leak in the roof was discovered and the downpour was shorting out sensitive radio equipment. CCPD staff immediately diverted radio traffic to another tower and began securing over $20 million dollars of city-wide radio communication equipment. The water was discovered entering the room through an air conditioning vent so KJAC, Inc. was called in to perform a hose test to determine if the HVAC was responsible for the leak_ It was discovered the leak was due to the roof which is in excess of 25 years and had experienced previous failures. CCPD maintenance staff performed a temporary patch on the area Tuesday moming and contacted the City Capital Programs Department to assist with a permanent repair. Tumer Ramirez Engineers was contacted and will be on location Wednesday morning with the City's Job Order Contractor, Barcom, to assess the situation and begin permanent repairs. ACTIONS TAKEN: 1. Corpus Christi Police Department (CCPD) staff diverted the signal to another tower and secured the location by covering the equipment. 2. An HVAC company was called in to determine if the leave was due to mechanical equipment. 3. The Capital Program Department contacted Turner Ramirez Engineers and Barcom to evaluation the situation and begin permanent repairs. FUTURE ACTIONS: 1. Corrective actions will be taken to permanently address the situation on a time and materials cost basis. CONTRACT AUTHORITY: Page 1 oft The City Manager is authorized to approve contracts in excess of $50,000 by Charter Art. X, Sec.2(a) in case of an emergency, but such action must be reported to the Council. Additionally, the Local Govemment Code 252.022(a) exempts this repair from State competitive bid requirements because it is necessary to: 1. preserve the property of the municipality; 2. preserve or protect the public health or safety of the municipality's residents; and 3. is due to unforeseen damage to public machinery, equipment or other property. FUNDING: The extent of the damage will not be known until the engineers have completed their evaluation of the situation. At this time the City is planning to use their approved Job Order Contracting (JOC) firm to provide the repairs. If they are unable to complete the repairs, the City will need to contract with another firm to complete the repairs in a timely manner and ensure the safety of the City's emergency radio safety communication equipment. AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of September 23, 2014 Second Reading Ordinance Item for the City Council Meeting of September 30, 2014 DATE: August 12, 2014 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Executive Director of Utilities MarkVV@cctexas.com 361-826-1874 Ordinance appropriating $5,928.97 from the No. 4220 Wastewater Trunk System Trust Fund to refund Jack R. Day, Jr., the wastewater lot/acreage fee paid. CAPTION: Ordinance appropriating $5,928.97 from the No. 4220 Wastewater Trunk System Trust Fund to refund Jack R. Day, Jr., the wastewater lot/acreage fee paid since wastewater services are not available nor will it be available within the next 5 years as related to Oak Terrace Unit 2, Block 4, Lot 6A. PURPOSE: In accordance with the Unified Development Code, Section 8.5.2.G.1, the property owner may petition the City Council to determine whether the wastewater acreage should be refunded. BACKGROUND AND FINDINGS: In April 2004, Mr. Larry Clavette, Sr., paid the wastewater acreage fee as required during the replat of the property. The Platting Ordinance in 1993 required payment of the wastewater acreage fee or an exemption from the fee by the City Council. The applicant paid the fee. In the 1993 Platting Ordinance as well as the current Unified Development Code (UDC), the current property owner may request a refund of the fees paid. The refund request must be made after 10 years and before 20 years from the date of the filing of the plat. The UDC states that the City Council may decide during a hearing to refund the monies if the petitioners are the property owners; no wastewater lines currently serve the petitioners' property; and the property is not likely to be served within the next 5 years. The refunds will be appropriated from the Wastewater Trunk System Trust Fund, if funds available. The refund shall include a 5.5% interest per annum from the date of filing of the plat. The order of refunds will be determined according to the date the application for refund is approved by the City Council. The plat of Oak Terrace Unit 2, Block 4, Lot 6A was recorded on June 2, 2004. It has been 10 years since the plat was recorded. Based on the criteria stated above and the payment of $3,471.00 in 2004, Mr. Day is currently due $5,928.97. Since the fee was paid in 2004 and has been accruing interest, it is in the best interest of the City to authorize payment to Mr. Day. Until Mr. Day is refunded the monies, the amount due will continue to increase. City Council Agenda Memorandum Jack R. Day, Jr. Wastewater Acreage Fee Refund Page 2 ALTERNATIVES: None. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The refund request is consistent with the UDC Section 8.5.2.G.1. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Wastewater Trunk System Trust Fund $771,776.06 Encumbered / Expended Amount $274,145.95 This item $5,928.97 BALANCE $491,701.14 Fund(s): Wastewater Trunk System Trust Fund Comments: N/A RECOMMENDATION: Staff recommends approval of the appropriations ordinance to the refund of Mr. Day's wastewater acreage fee plus the required 5.5% interest per annum. LIST OF SUPPORTING DOCUMENTS: Location Map Jack R. Day, Sr. Refund Request Ordinance K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS \9-16-2014\WASTEWATER FEE REFUND\OAK TERRACE UNIT 2 AGENDA MEMO EXEC SUMMARY.DOC Ordinance making required findings and appropriating $5,928.97 from the No. 4220 Wastewater Trunk System Trust Fund to refund Jack R. Day, Jr., wastewater lot/acreage fees previously paid for Lot 6A, Block 4, Oak Terrace Unit 2 and authorizing the City Manager or designee to issue payment. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: WHEREAS, the current property owner owning at least 50 percent (50%) of the relevant platted property has petitioned for a refund of the wastewater lot/acreage fees originally paid for that property; WHEREAS, the property does not currently have public wastewater services available; and WHEREAS, the property will not be served with public wastewater services within the next 5 years. THEREFORE, in accordance with Section 8.5.2.G. of the Unified Development Code, after making the above findings the City Council approves the refund of the wastewater lot/acreage fee paid by the petitioner with a 5.5 percent interest per annum. SECTION 1. Funding in the amount of $5,928.97 is appropriated from the No 4220 Wastewater Trunk Line Trust Fund to refund Jack R. Day, Jr., wastewater lot/acreage fees previously paid for Lot 6A, Block 4, Oak Terrace Unit 2, in accordance with Section 8.5.2.G. of the Unified Development Code. Furthermore, the City Manager, or his designee, is authorized to issue payment of the refund to the named parties. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb Appropriation Ordinance Wastewater Lot/Acreage Fees Jack R. Day, Jr. Page 2 The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Miles 0 0.03750.075 0.15 Legend @ Cfty of Corpus Development Services LOCATION MAP Corpus Christi Bay city of corpus To Miguel 5. Saldana, I Jack Day am requesting a refund for money paid in 2004 for waste water acreage fees by Mr. Clavette we are the current owners of Oak Terrace 2, Block 4 Lot 6A Nueces County, Tx 934 Graham Rd Corpus Christi, TX 78418. My contact number is (361)876-1861 if you need any further information. Sincerely Jack R Day Jr. 08/04/2014 ACJ( - 4 20'4 AGENDA MEMORANDUM 1St Reading for the City Council Meeting of September 23, 2014 Action Item for the City Council Meeting of September 30, 2014 DATE: 8/27/14 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services DanG©cctexas.com (361) 826-3595 Approval of agreement and appropriating ordinance to reimburse Palm Land Investment, Inc. for construction of off-site wastewater collection line for Sandy Creek Subdivision CAPTION: Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investment, Inc. ("Developer"), for the construction of a wastewater collection line and appropriating $243,846.90 from the NO. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Palm Land Investment Inc., will install 1,902 linear feet of 12 -inch PVC collection line to provide adequate wastewater for Sandy Creek Subdivision. The subdivision is located along the south side along Holly Road, east of Rodd Field Road (SH 357) and west of Encino Drive. BACKGROUND AND FINDINGS: Per Section 8.5.2.E Credits and Reimbursements of the Unified Development Code ("UDC"), Palm Land Investment, Inc. is requesting a Reimbursement Agreement for the off-site wastewater line extension required in order to plat Sandy Creek Subdivision, as shown on the preliminary plat. The public improvement plans have been approved for the development. The subdivision is located along the south side of Holly Road, east of Rodd Field Road (SH 357) and west of Encino Drive. The subdivision will consist of 299 single family residential lots. The development requires the extension of 1,902 linear feet of 12 -inch wastewater collection line in order to provide adequate wastewater to the property. The subject property will be served by the proposed master planned 12 -inch PVC wastewater line which will include seven (7) new sanitary sewer manholes. The 12 -inch wastewater extension qualifies as a collection line. The 12 -inch wastewater collection line is in the Wastewater Master Plan and as such is eligible for reimbursement from the Wastewater Collection Line Trust Fund. A layout of existing and proposed improvements is included as Exhibit 3. Per Section 8.5.2.E.2 Wastewater Collection Line Extensions of the UDC, payment and priority of reimbursements shall be made when monies are fully available in and appropriated from the Collection Line Trust Fund. At this time, the City can only reimburse $243,846.90 from current monies available. The City has provided a Letter of Intent (LOI) for the remaining balance of $254,864.14 which will be owed to Palm Land Investment, Inc. The LOI will place Palm Land Investment, Inc. first in line to be paid once monies become available in the Wastewater Collection Line Trust Fund. ALTERNATIVES: Denial of the Reimbursement Agreement OTHER CONSIDERATIONS: Per Section 8.5.1.C.2.b.ii defer reimbursement for project CONFORMITY TO CITY POLICY: The developer will be extending the wastewater line in accordance with the adopted Wastewater Master Plan. The developer will be extending wastewater to serve the proposed 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 Sanitary Sewer Collection Line Trust Fund Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $373,992.17 Encumbered / Expended Amount $130,145.27 This item $243,846.90 BALANCE $0.00 Fund: Sanitary Sewer Construction Line Trust Fund Comments: Balance reflects amount for Kenedy Subdivision Block 1, Lot 1. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Location Map Collection Line Extension Construction and Reimbursement Agreement Ordinance ORDINANCE AUTHORIZING EXECUTION OF A WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH PALM LAND INVESTMENT, INC., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WASTEWATER COLLECTION LINE AND APPROPRIATING $243,846.90 FROM THE NO. 4220 SANITARY SEWER COLLECTION LINE 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 wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investment, Inc., ("Developer"), for the extension of a 12 -inch wastewater collection line, including all related appurtenances, for the development of Sandy Creek Subdivision, in Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $243,846.90 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer for the construction of the wastewater collection 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 , 2014, 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 , 2014, 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 City Secretary Nelda Martinez Mayor SANDY CREEK -PRELIMINARY AERIAL OVERVIEW MAP WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipality, and Palm Land Investment Inc., ("Developer/Owner"), a Texas Corporation. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on October 9, 2013 to develop a tract of land, to wit: approximately 60.18 acres out of lots 3, 4 & 5, Section 27, Flour Bluff & Encinal Farm & Garden Tracts, known as Preliminary Plat of Sandy Creek, located along the south side along Holly Road; east of Rodd Field Road and west of Encino Drive, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the wastewater collection line extension ("Wastewater Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install 1902 linear feet 12 -inch PVC pipe; 2. Install 1902 linear feet trench safety; 3. Install two (2) 4 -foot diameter manholes (9-11 feet depth); 4. Install three (3) 4 -foot diameter manholes (11-13 feet depth); 5. Install two (2) 5 -foot diameter manholes (13-15 feet depth); 6. Install 115 linear feet 20- inch steel casing and boring (Ennis Joslin); 7. Dewatering; 8. Connect to existing manhole (15' approximate depth); 9. Traffic control; b. The Wastewater Extension must begin at the new proposed wastewater manhole at the southeast corner of Flour Bluff and Encinal Farm Garden Tract 60.18 acre tract and extend approximately 1902 linear feet east along the south side of Los Arboles at Terra Mar Unit 2 and Monte Verde at Terra Mar Unit 2 Subdivisions. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the Gity's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro - rata fees as required by the UDC for the area of the Wastewater Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, by September 30, 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 and 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. WW Reimb Agmt Palm Land Investment, Inc -Sandy Creek vFinal doc Page 2 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Wastewater Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, on or before September 30, 2015. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or 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 sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; WW Reimb Agmt Palm Land Investment, Inc -Sandy Creek vFinal.doc Page 3 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in 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; 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. 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 claiming force majeure 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 but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: Palm Land Investment, Inc. Attn: Dan Caballero 5949 La Costa Corpus Christi, Texas 78414 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 WW Reimb Agmt Palm Land Investment, Inc -Sandy Creek vFinal.doc Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 Page 4 of 8 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice rriust 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. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute 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 bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Extension up to an amount not to exceed $243,846.90 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. WW Reimb Agmt Palm Land Investment, Inc -Sandy Creek vFinal.doc Page 5 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 60.18 acres out of lots 3, 4, & 5, Section 27, Flour Bluff & Encinal Farm & Garden Tracts, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 20. EFFECTIVE. DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of 20 WW Reimb Agmt Pafm Land Investment, Inc -Sandy Creek vFinal doc Page 6 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Gustavo Gonzalez Assistant City Manager, designee of the City Manager APPROVED AS TO FORM: , 2014. Julian Grant, Senior Assistant City Attorney For the City Attorney STATE OF TEXASN COUNTY OF ve, § § OWNER: Palm Land Investment, Inc. By: Dan Caballero, President This instrument was acknowledged before me on Cl'tr\, 2014, by Dan Caballero, President, Palm Land Investment,. i c., a Texa Corporation, on behalf of said corporation. 9i -t--- C Notary Public's Signature WW Reimb Agmt Palm Land Investment, Inc -Sandy Creek vFinal.doc Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 Page 7 of 8 ULTRA V PENA NOTARY PUBLIC 1, '' °O jam• State W Texas ; ' Comm. Exp. 12.022015 STATE OF TE AS COUNTY OF OWNER: Palm Land Investment, Inc. a)/20gCL B� Y• Maria E. Caballero, Vice President iV 1 This instrument was acknowledged before me on 2014, gby Maria E. Caballero, Vice President, Palm Land Inve = nt, nc., a Texas Corporation, on behalf of said corporation. Notary Public's Signature WW Reimb Agmt Palm Land Investment, Inc -Sandy Creek vFinal doc Page 8 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7 18.14 1 rt -',y,m, LOCALS:MEE', am LOCAL STREET ,L -,A1 25.1555,6"4,16665V2551 -742546.,2"2242A-6,55,64.64222 ",5175-?"015"1"5,57645,1Xnant?"7""n,"""n,t iitn1UrintiVilna017MYEannin , ` . - EV Ev--• 224' ...„„.„ TyPle,%, LOCAL STRESS - SECTION SABI L PRELIMINARY PLAT OF SANDY CREEK RE -PLAT OF 60.18 ACRES OUT OF LOTS 3, 4 & 5, SECTION 27, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, CORPUS CHRISTI, NUECES COUNTY, TEXAS 456 — • • 4: • ? 2, • 72 • ? 2, • ? 71, :? • ? 2, • 2: - ! • • ! II • ;!•1 Q") • t!, ! • !!; .!;!. • " tt • "" n • t;= • n • 2 • ? ••• •• a 1 a •f., a. a a • t a • a • 2, H?"."; ? "7 = , „: 5, 2, • .1 5 .5, • 5 ;„1. a-, n a a 2 -; •; •i •rt •i ',Jr 7 . . • 5 n - I , -? -? 2. • ? 2 • ? 2 • ."7: 55, • lt a a 72 -5 2, • ? 2 • ? :? ,t," • .? .t5. • ? -? ••?? •• • _ ". 1 I .5. '5 1,'"4. " 645. . ' •' 5 2 !, 1 ,! . 5 ! 6.", ' 5 .2 "t;-1, ;-7,,ns, 7'— ; 18 I - HELENA GI ILIRCli TRACT I ()I I a IJCI, 1 Exhibit 1 APPLICATION FOR WASTE WATER REIMBURSEMENT We, Palm Land Investment, Inc., 5949 La Costa, Corpus Christi, TX 78414, owners and developers of proposed re -plat of 60.18 acres out of Lost 3, 4 & 5, Section 27, Flour Bluff & Encinal Farm & Garden TRS, Corpus Christi, Nueces County, Texas, hereby request reimbursement of $243,846.90 for the installation of the waste water trunk line in conjunction with said lot, as provided for by City Ordinance No. 17396. $598.533.04 is the construction cost, including 9% Engineering and Surveying, as shown by the cost supporting documents attached herewith. (Z -17(/Z.7,0( aniel Caballero, President Date Palm Land Investment, Inc. THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ]Jq cQ Xh , 2014, by ' /U i5L- efq /2,1A _E o(Name), 1" RF 5 L Ylr ry T (Title): of Palm Land Investment, Inc., a Texas Corporation, on behalf of the said corporation. JUNE A. FIEBIG r Notary Public, State of Texas My CommlUlan Expires % March 21, 2018 cu aNo t ry,' ubli, i and for the State exas Maria Caballero, Vice -President Palm Land Investment, Inc. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2i Lfq/2nt er , 2014, by in9g09 (Name), t JCC--.. P S j l JT (Title), of Palm Land Investment, Inc., a Texas Corporation, on behalf of the said corporation. CERTIFICA The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: JUNE A. FiEBIG Notary Public, State of Texas My Commission Expires March 2L 2018 _..6Q 9,62/JA ary Public in and for the Statof Texas (a) Sufficiency of funds in the Sanitary Sewer Trunk System Trust Fund, and (b) Appropriation and ap al by the City Council. evelopment S ic6s Engineer Exhibit 2 psSh/iaM/L( (Date) Page 1 of 2 AFP]L1RCATION FOR WASTE WATER CREDIT We, Palm Land Investment, Inc., 5949 La Costa, Corpus Christi, TX 78414, owners and developers of proposed re -plat of 60.18 acres out of Lost 3, 4 & 5, Section 27, Flour Bluff & Encinal Farm & Garden TRS, Corpus Christi, Nueces County, Texas, hereby apply for $99,822.00 credit towards the waste water acreage fee for the wastewater trunk line in conjunction with said subdivision as provided for by City Ordinance No. 17396. $598,533.04 is the construction cost, including 9% Engineering and Surveying, as shown by the cost supporting documents attached herewith. Daniel Caballero, President Palm Land Investment, Inc. THE STATE OF TEXAS § COUNTY OF NUECES %). /Z-70 ( Date This instrument was acknowledged before me on /1.0_64,/ S T .5`J-() , 2014, by I'>(1 t0 j r L. (),(1- VV1-LL/ :() (Name), irk' FS r 13 E-A) 1 (Title), of Palm Land Investment, Inc., a Texas Corporation, on behalf of the said corporation. .,/).0.4-0 l�LL/Lo Notary Public in and for the Sfate of Texas " -"JUNG A. HMG, •+6% Notary Public, State of Texas ar, My Commission Expires feavt:`S March 21, 201D Maria Caballero, Vice -President Palm Land Investment, Inc. THE STATE OF TEXAS § COUNTY OF NUECES Date This instrument was acknowledged before me on CLLf' ,Y(.fIJ0/_ , 55//l , 2014, by 1Y)figl,/ rhq. L/ () (Name), (V ICE Pf lO /I) T (Title), of Palm Land Investment, Inc., a Texas Corporation, on behalf of the said corporation. JUNE A, FIESIG Notary Public, State of Texas My Commission Expires March 21, 2018 Notary/Public in and for the State'of Texas rci�ii�sx 2 Page 2 of 2 Exhibit 3 UN., COLLECTION LINE Ilip 3 'ti ao HEou Ec,, osFF`ZTr, "' INV 11-4 25 e Pur LP Hig 6 WSaz Cg�y v P C = W Wgaa: L ag:Po ++:€_ - III TR Zc 1111 1111 NEVE :,...,g1,0,,.8,..5,k, 9 92 ®_v N 3:0 122 PVC e Pvc a� e Pvc S1PROPOSES 1.7.112°. ePvc . OFF-SITE SANITARY SEWER EXHIBIT SANDY CREEK WASTEWATER REIMBURSEMENT CORPUS CHRISTI, TEXAS "..0.— e,,�s s. 0.-211'12:11/ v1 ozae NRIM O21i0--1.1',,71-13:0 PROPOSED MS 4 1 P ra oo ... iz FL o,o MASTERPLAN INV 0.-1 65 is PVC i H1112 nF.1 Nv O'N01110,z Pvc 11'121 _ zes e 21/ „a ,x FL .108 END OF CONSTRUCTION AT THIS MANHOLE 12-2222211111011-6145 1 111 111 1.00 SHEET 1 OF , ®MEN Exhibit 3 Engineer Estimate of Project Costs Title: Sandy Creek - Full Development Costs Owner: Palm Land Investments, Inc. Contact: Dan Caballero 5949 La Costa Address: Corpus Christi, Texas 78414 Phone: (361) 765-2166 NEI Engineer: Craig Thompson, P.E. Address: 4501 Gollihar Road Corpus Christi, Texas 78411 Phone: (361) 814 - 9900 Naismith Elnpllrwwiinghec 4501 Gollihar Road. Corpus Christi, TX 78411 361-814-9900 Fax 361-814-4401 Size: 60 +/- Acres July 11, 2014 Property Date of Estimate: ON-SITE DEVELOPMENT COSTS A. Storm Water Pollution Prevention il ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 1 Reinforced Filter Fabric Fence 12,275 LF $3.75 $46,031.25 _ 2 Stabilized Construction Entrance 3 LS $2,000.00 $6,000.00 3 Inlet Protection Barriers 31 EA $200.00 $6,200.00 4 Manhole Protection Barriers 2 EA $100.00 $200.00 5 Post Construciton Seeding 3 LS $6,000.00 $18,000.00 B. Site Preparation A. Storm Water Pollution Prevention Subtotal: $76,431.25 and Improvements ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 6 7 C. Sanitary Sewer Moblization and Demobilization 3 LS $13,000.00 $39,000.00 Site Grading 27,000 CY $8.00 $216,000.00 B. Site Preparation and Improvements Subtotal: $255,000.00 Improvements ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 8 0'-5' Deep - 8" PVC Sanitary Sewer 1,800 LF $65.00 $117,000.00 9 5'-9' Deep - 8" PVC Sanitary Sewer 5,250 LF $85.00 $446,250.00 10 9'-11' Deep - 12" PVC Sanitary Sewer 1,750 LF $115.00 $201,250.00 11 OSHA Trench Safety 8,800 LF $6.00 $52,800.00 12 4' Diameter Manhole (0' - 5' depth) 8 EA $5,500.00 $44,000.00 13 4' Diameter Manhole (5' - 9' depth) 18 EA $7,000.00 $126,000.00 14 4' Diameter Manhole (9' -11' depth) 6 EA $7,000.00 $42,000.00 15 Sanitary Sewer Service Connections - Single 298 EA $1,250.00 $372,500.00 16 Dewatering / Well Pointing 1,750 LF $35.00 $61,250.00 17 Connect to existing MH 8 LS $9,500.00 $76,000.00 C. Sanitary Sewer Improvements Subtotal: $1,539,050.00 D. Water Improvements ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 18 PVC Pressure Pipe - 8" 7,972 $25.00 $199,300.00 19 Gate Valve - 8" 35 $1,200.00 $42,000.00 20 Ductile Iron Fittings - 8" 23 $500.00 $11,500.00 21 Fire Hydrant 16 $4,600.00 $73,600.00 22 Water Service Connection - Single 14 $1,000.00 $14,000.00 23 Water Service Connection - Double 142 $1,250.00 $177,500.00 24 Connection to Existing Waterline 8 $2,500.00 $20,000.00 D. Water Improvements Subtotal: $537,900.00 E. Storm Sewer Improvements ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 25 18" Reinforced Concrete Pipe Culvert 1,670 LF $62.50 $104,375.00 26 24" Reinforced Concrete Pipe Culvert 2,020 LF $75.00 $151,500.00 27 36" Reinforced Concrete Pipe Culvert 120 LF $95.00 $11,400.00 28 42" Reinforced Concrete Pipe Culvert 120 LF $75.00 $9,000.00 29 5' Curb Inlets 52 EA $2,750.00 $143,000.00 30 24" Headwall / Outfall 10 EA $4,500.00 $45,000.00 31 32_ 36" Headwall / Outfall 4 EA $5,500.00 $22,000.00 42" Headwall / Outfall 6 EA $6,000.00 $36,000.00 E. Storm Sewer Improvements Subtotal: $522,275.00 F. Street Improvements 1 Exhibit 4 Paae 1 of 3 ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 33 1-1/2" HMAC including Prime Coat 34,700 SY $10.00 $347,000.00 34 6" Lime Stabilized Subgrade 39,150 SY $4.00 $156,600.00 35 8" Lime Stabilized Base 39,150 SY $8.00 $313,200.00 36 Curb and Gutter 20,350 LF $10.00 $203,500.00 37 Concrete Sidewalk 75,900 SF $4.50 $341,550.00 38 ADA Ramps 48 SF $1,000.00 $48,000.00 39 Traffic Control 2 LS $3,500.00 $7,000.00 F. Street Improvements Subtotal: $1,416,850.00 Estimated On -Site Construction Costs: $4,347,506.25 Professional Services ITEM NO. DESCRIPTION FEE 1 Engineering (7.5%) $326,062.97 2 Topographic Surveying $35,000.00 3 Contract Administration $45,000.00 4 Testing (0.5%) $21,737.53 Professional Services Subtotal: $427,800.50 IF IF TOTAL ESTIMATED ON-SITE COSTS: $4,775,306.75 OFF-SITE SANITARY SEWER COSTS _ A. Storm Water Pollution Prevention ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 1 Reinforced Filter Fabric Fence 1,900.00 LF $3.75 $7,125.00 2 Stabilized Construction Entrance 2.00 LS $2,000.00 $4,000.00 3 Post Construciton Seeding 1.00 LS $3,000.00 $3,000.00 A. Storm Water Pollution Prevention Subtotal: $14,125.00 B. Site Preparation and Improvements ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 4 Moblization and Demobilization 1.00 LS $13,000.00 $13,000.00 5 C. Sanitary Site re -Grading 1.00 LS $11,000.00 $11,000.00 B. Site Preparation and Improvements Subtotal: $24,000.00 Sewer Improvements ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 6 9'-11' Deep - 12" PVC Sanitary Sewer 1,291.00 LF $140.00 $180,740.00 7 11'-13' Deep - 12" PVC Sanitary Sewer 420.00 LF $148.00 $62,160.00 8 13'-15' Deep - 12" PVC Sanitary Sewer 191.00 LF $168.00 $32,088.00 9 OSHA Trench Safety 1,902.00 LF $5.99 $11,400.00 10 4' Diameter Manhole (9' - 11' depth) 2.00 EA $10,000.00 $20,000.00 11 4' Diameter Manhole (11' -13' depth) 3.00 EA $12,000.00 $36,000.00 12 4' Diameter Manhole (13' - 15' depth) 2.00 EA $14,000.00 $28,000.00 13 20" Steel Casing and Boring (under Ennis Joslin) 115.00 LF $495.00 $56,925.00 14 Dewatering / Well Pointing 1,900.00 LF $35.00 $66,500.00 15 Connect to existing MH (15' aproximate depth) 1.00 LS $9,500.00 $9,500.00 16_ Traffic Control 1.00 LS $3,500.00 $3,500.00 _ C. Sanitary Sewer lmprovements Subtotal: $506,813.00 Estimated Off -Site Saniatry Sewer Construction Costs: $544,938.00 Professional Services ITEM NO. DESCRIPTION FEE 1 Engineering Professional Services Subtotal: $44,870.35 2 Topographic Surveying $6,000.00 4 Testing $2,724.69 $53,595.04 TOTAL ESTIMATED OFF-SITE SANITARY SEWER COSTS: $598,533.04 TOTAL ESTIMATED PROJECT COSTS: $5,373,839.79 Exhibit 4 Page 2 of 3 Engineer Estimate of Project Costs Title: Sandy Creek - Off -Site Trunk Main Reimbursement Owner: Palm Land Investments, Inc. Contact: Dan Caballero 5949 La Costa Naismith Address: Corpus Christi, Texas 78414 Engineering,Inc Phone: (361) 765-2166 4501 Gollihar Road. Corpus Christi, TX 78411 NEI Engineer: Craig Thompson, P.E. 3b1-814-9900 Fax 361-814-4401 Address: 4501 Gollihar Road Corpus Christi, Texas 78411 Phone: (361) 814 - 9900 Date of Estimate: August 13, 2014 A. Storm Water Pollution Prevention ITEM NO. I DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 1 Reinforced Filter Fabric Fence 1,900.00 LF $3.75 $7,125.00 2 Stabilized Construction Entrance 2.00 LS $2,000.00 $4,000.00 3 Post Construciton Seeding 1.00 LS $3,000.00 $3,000.00 B. Site Preparation A. Storm Water Pollution Prevention Subtotal: $14,125.00 and Improvements ITEM NO. I DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 4Moblization and Demobilization 1.00 LS $13,000.00 $13,000.00 5 I Hauling / Site Re-Grading 1.00 LS $11,000.00 $11,000.00 C. Sanitary Sewer B. Site Preparation and Improvements Subtotal: $24,000.00 Improvements m_ __ ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 6 9'-11' Deep - 12" PVC Sanitary Sewer 1,291.00 LF $140.00 $180,740.00 7 11'-13' Deep - 12" PVC Sanitary Sewer 420.00 LF $148.00 $62,160.00 8 13'-15' Deep - 12" PVC Sanitary Sewer 191.00 LF $168.00 $32,088.00 9 OSHA Trench Safety 1,902.00 LF $5.99 $11,400.00 10 4' Diameter Manhole (9' -11' depth) 2.00 EA $10,000.00 $20,000.00 10 4' Diameter Manhole (11' -13' depth) 3.00 EA $12,000.00 $36,000.00 11 5' Diameter Manhole (13' -15' depth) 2.00 EA $14,000.00 $28,000.00 12 20" Steel Casing and Boring (Ennis Joslin) 115.00 LF $495.00 $56,925.00 13 Dewatering / Well Pointing 1,900.00 LF $35.00 $66,500.00 14 Connect to existing MH (15' aproximate depth) 1.00 LS $9,500.00 $9,500.00 15 Traffic Control 1.00 LS $3,500.00 $3,500.00 I IIIIII C. Sanitary Sewer Improvements Subtotal: $506,813.00 Estimated Construction Costs: $544,938.00 Professional Services ITEM NO. DESCRIPTION FEE 1 Engineering $44,870.35 2 Topographic Surveying $6,000.00 4 Testing $2,724.69 Professional Services Subtotal: $53,595.04 Total Offsite Estimated Project Costs: $598,533.04 Lot Fee Credit for 254 Lots: $99,822.00 Total Wastewater System City Participation: $498,711.04 Exhibit 4 Page 3 of 3 City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Corner of Leopard St. and Pan Ave.) 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: b'V'Jz.11. CASALtbfO STREET: 5c/ t LA C05%/v CITY: CG42A- C/t1.e4,5 rr r, ZIP: 76 r!/Lj FIRM is: porporation ❑ 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) 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 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 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 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,ch,gess occur. Certifying Person: Ar GL1 ) a(761;16 Title: ffe-'3 dL-vYi (Print) Signature of Certifying Person: Date: 7/Zz/Z0iY K:VDEVELOPMENTSVCSISHAREDTAND DEVELOPMENTIORDINANCE ADMNISTRATIONVU'PLICATION FORMS FORMS AS PER LEGAL2012\D1SCLOSURE OF INTERESTS Page 1 of 2 STATEMENTI.27.I2.DOC Pvhihit C' PN 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:\DEVELOPMENTSVCS\SHAREDLAND DEVELOPMENT\ORDINANCE ADMiNISTRATION\APPLICATION FORM STORMS AS PER LEGAL220121D1SCLOSURE OF INTERESTS STA TEMENT1.27.12.DOC Pvhihif F Pana 1 of ~) City of 111,1 Corpus .= Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. "lox 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Comer of Leopard St. and Port Ave.) 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: .+)'l L- I'LLb Q STREET: g-`lC.A CosrA CITY: Coe/us nc ZIP:y/'c'%' FIRM is: Eorporation ❑ Partnership ❑ Sole Owner 0 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) N(4 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 rdIA 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 N`(A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/4 Consultant 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: (Print) Signature of Certifying Perso Title: 51-7.4.azy Date: 7/4 41/1// K:\DEVELDPMENTSVCSISHAREDILAND DEVELOPMENT ORDINANCE ADMINISTRATIONIAPPLICATION FORMSIFORMS AS PER LEGAMII2\DISCLOSURE OF INTERESTS Page 1 of ^ STATEMENT1.27.. 12.DOC Fvhihif .r'f 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:IDEVLLOPMENTSVCS'\SHARED \LAND DEVELOPMENTSORDINANCE ADMINISTRATIONIAPPLTCATION FORMSIFORMS AS PER LECAL120121DISCLOSURE OF INTERESTS STATEM NTL27.12_DOC rvhihi+ ri 1:1 el. 9 of 9 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of September 16, 2014 Second Reading for the City Council Meeting of September 30, 2014 DATE: September 24, 2014 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., AICP, Director of Development Services danielmg@cctexas.com 361-826-3595 Southside FM 2444 Annexation CAPTION: An ordinance annexing Laureles Farm Tracts adjacent to the city limits located in Nueces County along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41, commonly referred to as a portion of the Chapman Ranch and a portion of the proposed APEX Wind Farm; providing for a Municipal Services Plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the official maps of the City of Corpus Christi; designating area once annexed to be added to City Council District Number 5; providing for severance; and providing an effective date. PURPOSE: The purpose of the annexation is to protect an area to the south of the City for future growth, including but not limited to residential development, which has been identified as the proposed APEX Wind Farm. (See Exhibit A: Location Map) BACKGROUND AND FINDINGS: Local Government Code provides that cities with a population of more than 100,000 shall have a growth area reserved for future expansion called the Extraterritorial Jurisdiction (ETJ) which is five miles beyond the existing city limits. The City Council has expressed concern that growth in the ETJ, specifically the proposed Chapman Ranch Windfarm located on the proposed annexation area, could be detrimental to future growth in the area. The proposed annexation area is located in the City's ETJ with an area of approximately 16.34 square miles, 83 tracts of land owned by 32 owners including 16 dwellings with an estimated population of 44. Existing land uses primarily consist of farm and ranch lands. There are no existing commercial wind farms in the area. Upon annexation, the property will be designated with an initial zoning designation per the Unified Development Code 4.5.1 Newly Annexed Territory of "FR" Farm Rural District. The Corpus Christi City Council has identified the need to create consistency and unity in regulation of future land use, platting and the provisions of municipal services as it relates to our growing and changing community. The Council has expressed a strong desire to protect and defend the interests of property owners — and to effectively manage growth and development in the areas commonly recognized as part of the Corpus Christi community. The application of City zoning, building, and land development regulations to any neighboring properties that are annexed as part of this process will, over the long term, help protect property values. As required by Local Government Code Chapter 43, two public hearings were conducted August 19th and on August 26th. Also in accordance with State Law a Municipal Services Plan was explained at the public hearings. ALTERNATIVES: 1. Per state law, the City has contacted each property (See attached letter) with an invitation to consider opting out of the annexation by signing a development agreement. The agreement would allow for the continuation of existing uses on the property (except for a wind turbine not allowed by the Unified Development Code) provided that the owner does not initiate development of the property, including development of a wind farm and, that the property meets the tax exemption in state law commonly referred to as an agricultural exemption. This agreement would allow the city to extend its land use controls (zoning, building, etc.) to the subject property but would not allow or cause the City to levy property tax on the subject property. 2. Approval of a development agreement for a portion of the wind farm in the City's Extraterritorial Jurisdiction by determining the development agreement conditions that would be agreeable to the City. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: a. Pursue a policy of annexation of lands at the periphery of the City to achieve orderly growth. b. Pursue a policy of annexation adjacent to the City's growth areas in order to extend zoning ordinance control consistent with adopted land use plans. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: All services shall be provided according to the Municipal Services Plan. Access to infrastructure by properties within the annexed areas shall be allowed in accordance with City policy, including, but not limited to the Unified Development Code. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Property Owner Letter and Development Agreement Ordinance with the Municipal Services Plan AN ORDINANCE ANNEXING LAURELES FARM TRACTS ADJACENT TO THE CITY LIMITS LOCATED ALONG AND ON BOTH SIDES OF FM 2444, AREAS SOUTH OF FM 2444 AND WEST OF COUNTY ROAD 41, COMMONLY REFERRED TO AS A PORTION OF THE CHAPMAN RANCH AND A PORTION OF THE PROPOSED APEX WIND FARM; PROVIDING FOR A MUNICIPAL SERVICES PLAN FOR THE ANNEXED TRACTS OF LAND; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; DESIGATING AREA TO BE ADDED TO CITY COUNCIL DISTRICT NUMBER 5; PROVIDING FOR SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corpus Christi desires to annex land, located south and southwest of the existing city limits and considered to be in the City's primary growth corridor; WHEREAS, on August 19th and 26th, 2014, public hearings were held by the City Council, during City Council meetings held in the Council Chambers, at City Hall, in the City of Corpus Christi, following publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi, for the consideration of annexation proceedings and the service plan for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection, including on the City's website on August 18, 2014 and made available for public discussion at public hearings on August 19th and August 26th, 2014; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, this annexation will leave out property where the property owner has signed a Development Agreement with the City of Corpus Christi as per Local Government Code Chapter 43; WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council finds that leaving the property owned by Nueces County outside, but completely surrounded by, the city limits of the City of Corpus Christi is in the public interest. SECTION 2. That a 10,463 acre tract of land, more or less, out of Laureles Farm Tract Survey, and located on both sides of FM 2444, to the south of FM 2444 and to the west of County Road 41, including a portion of the Chapman Ranch and proposed APEX Wind Farm Area, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract is described by metes and bounds and a map in Exhibit A of the Municipal Services Plan attached to this ordinance. SECTION 3. That there is approved, as part of this annexation ordinance, a Municipal Service Plan. The Service Plan, attached to this ordinance, is incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 4. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 5. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas and as required by the City's Unified Development Code section 4.1.5 Newly Annexed Territory, the area shall be designated with an initial "FR" Farm and Rural District. SECTION 6. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 8. This ordinance goes into effect at a.m, , 2014. Exhibit A Attached to the Annexation Ordinance Municipal Services Plan for the Southside FM 2444 Area SOUTHSIDE FM 2444 AREA PROFILE Southside FM 2444 Area Information Total Land Area in Square Miles: Total Water Area in Square Miles: Total 2014 Population: Total 2014 Housing Units: 2012 Median Age 2012 Median Household Income Source: US Census/American Fact Finder and City of Corpus Christi Existing Uses Southside FM 2444 Area Southside FM 2444 Area 16.34 0.0 44 16 35.6 $67,721 Agricultural / Vacant Residential Industrial Public Semi Public Rig ht -of -Way Total Location Map Acres 10,433.69 20.77 3.81 4.73 196.47 10,463.00 Corpus Christi 150.58 353.46 320,231 129,254 34.4 $47,029 Percent 97.84% 0.20% 0.04% 0.05% 1.88% 100.00% e CITY OF CORPUS CHRIST$ SOUTHSIDE FM2444 I=1 CURRENT CITY LIMITS Municipal Services Plan For the Southside FM 2444 Area Development Services Department September 24, 2014 Page 2 of 17 Legal Department MUNICIPAL SERVICES PLAN FOR THE SOUTHSIDE FM 2444 AREA INTRODUCTION This Municipal Services Plan ("Plan") is made by the City of Corpus Christi, Texas pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the annexation of approximately 16.34 square miles of land generally located south of FM 2444 and west of County Road 41. Exhibit A, attached to this Plan contains a metes and bounds description and a map of the area. This plan will be attached to the ordinance annexing the Southside FM 2444 Area. The proposed annexation of the Southside FM 2444 Area will follow all of the requirements contained in the Texas Local Government Code Chapter 43 required for annexation, including but not limited to, requirements for public notice and public hearings. In addition, the FM 2444 Area proposed for annexation satisfies Chapter 43, Section 43.052.h, that exempts an area proposed for annexation from the requirement that an area to be annexed must first be included in the City's Annexation Plan for three years prior to adoption of an annexation ordinance. Section h. specifies that if an area contains less than 100 residential units on separate tracts, then the area to be annexed is "exempt" from the plan requirement. Based on a land use analysis and appraisal district records for the area there are 16 dwellings on separate tracts. Therefore, the area proposed for annexation is "exempt" from the annexation plan requirement. EFFECTIVE TERM This Plan shall be in effect for a ten-year period commencing on the effective date of the annexation, unless otherwise stated in this Plan. Renewal of the Plan shall be at the option of the City. A renewal of this Plan may be exercised by the City Council provided the renewal is adopted by ordinance and specifically renews this Plan for a stated period of time. INTENT The City Council of the City of Corpus Christi, Texas, finds and determines that this Plan will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service plan will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City reserves the right guaranteed to it by the Texas Local Government Code to amend this Plan if the City Council determines that changed conditions or subsequent occurrences or any other legally sufficient circumstances exist under the Local Government Code or other Texas laws to make this Plan unworkable or obsolete or unlawful. Municipal Services Plan For the Southside FM 2444 Area Development Services Department September 24, 2014 Page 3 of 17 Legal Department SERVICE ELEMENTS 1. General Municipal Services. The subject properties are located within the City's extraterritorial jurisdiction and are more particularly described in the Ordinance to which this service plan is attached. Pursuant to this Plan, the following services shall be provided immediately from the effective date of the annexation: a. Police protection as follows: Routine patrols of areas, radio response to calls for police service and all other police services now being offered to the citizens of the City at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. b. Fire Protection Services as follows: Fire protection by the present personnel and equipment of the City fire fighting force with the limitations of water available at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. c. Emergency Medical Services as follows: Radio response for Emergency Medical Services with the present personnel and equipment at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. d. Solid waste collection services as follows: Solid waste collection and services as now being offered to the citizens of the City at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. e. Operation and Maintenance of Water and Wastewater Facilities Water and wastewater service will be provided in accordance with the Corpus Christi Code of Ordinances, Utility Department Policies and engineering standards at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. Municipal Services Plan For the Southside FM 2444 Area Development Services Department September 24, 2014 Page 4 of 17 Legal Department f. Operation and Maintenance of Roads and Streets, including Street Lighting The City will maintain public streets over which the City has jurisdiction at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. Any and all roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations and fees of the utility. g. Street Department services include: • Emergency pavement repair; • Maintenance of public streets; and • Traffic Engineering. Following annexation, public streets for which the city has jurisdiction will be included in the City's preventive maintenance program. Preventive maintenance projects are prioritized on a Citywide basis and scheduled based on a variety of factors, including pavement roughness, rideability, age, traffic volume, functional class, and available funding. Any necessary rehabilitation or reconstruction will be considered on a citywide priority basis. The Traffic Engineering Division of the Street Department will also provide regulatory signage services in the annexation area. All regulatory signs and signals are installed when warranted following an engineering study. All roadways are re -striped and remarked and signage replaced as needed. • Immediately following annexation, all properties will be subject to the City's monthly street fee program. The street fee is a monthly fee which is collected from Corpus Christi residents and business owners and which appears on their monthly utility bills. Operation and Maintenance of Parks, Playgrounds and Swimming Pools Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. At this time there are no public recreational facilities in the annexation area including parks, playgrounds, and swimming pools. h. Operation and Maintenance of any other Publicly -Owned Facility, Building, or Service. At this time there are no such other publicly owned facilities. Should the City acquire any other facilities and buildings within the annexation area, an appropriate City department will provide maintenance services at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. i. Other Services. All other City Departments with jurisdiction in the area will provide services according to City policy and procedure. Municipal Services Plan For the Southside FM 2444 Area Development Services Department September 24, 2014 Page 5 of 17 Legal Department 2. CAPITAL IMPROVEMENTS PROGRAM The City will initiate the construction of capital improvements for providing municipal services for the annexation area as necessary. Each component of the Capital Improvement Program is subject to the City providing the related service directly. In the event that the related service is provided through a contract service provider, the capital improvement may not be constructed or acquired by the City but may be provided by the contract provider. The City may also lease buildings in lieu of construction of any necessary buildings. a. Police Protection. No capital improvements are necessary at this time to provide police services. b. Fire Protection. No capital improvements are necessary at this time to provide fire services. c. Emergency Medical Service. No capital improvements are necessary at this time to provide EMS services. d. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services. e. Water and Wastewater Facilities. The annexation area will be included with all other areas of the city in the City's Capital Improvements Program. Water and wastewater services to new development and subdivisions will be provided according to the Corpus Christi Code of Ordinances, Corpus Christi Unified Development Code and the Water and Wastewater Department standards, which may require the developer of a new subdivision or site plan to install water and wastewater lines. f. Roads and Streets. No road or street related capital improvements are necessary at this time. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and future installation of related facilities, such as traffic control devices, will be governed by the City's standard policies and procedures. g. Parks. Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. h. Street Liahtina. No capital improvements are necessary at this time to provide services. Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. i. Other Publicly Owned Facilities. Building or Services: Additional Services. In general, other City functions and services, and the additional services described above can be provided for the annexation area by using existing capital improvements. Additional capital improvements are not necessary to provide City services. Municipal Services Plan For the Southside FM 2444 Area Development Services Department September 24, 2014 Page 6 of 17 Legal Department j. Caaital Imarovements Plannina. The annexation area will be included with other territory in connection with the planning for new or expanded facilities, functions, and services as part of the City's Capital Improvement Plan. AMENDMENT: GOVERNING LAW This Plan may not be amended or repealed except as provided by the Texas Local Government Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to and shall be interpreted in accordance with the Constitution and laws of the United States of America and the State of Texas, the Texas Local Government Code, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. FORCE MAJEURE In case of an emergency, such as force majeure as that term is defined in this Plan, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Plan as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Plan. SPECIFIC FINDINGS The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. Municipal Services Plan For the Southside FM 2444 Area Development Services Department September 24, 2014 Page 7 of 17 Legal Department EXHIBIT A METES AND BOUNDS SOUTHSIDE FM 2444 ANNEXATION AREA An approximately 10,463 acre tract of land out of Laureles Farm Tracts, recorded in Volume 3 Page 15 and Volume 4 Page 36 of the Map Records, Nueces County, Texas and more particularly described as follows save and except a portion of the property described and attached herein in accordance with City Council approved Development Agreements per Local Government Code 43.035: BEGINNING at the northeast corner of said 10,463 acre tract, more or less, a point on the west right-of-way line of existing County Road 41, located 500 feet north of the centerline of F.M. 2444, for the north corner of the tract herein described; THENCE west and 500 feet north of and parallel to the centerline of FM 2444 for a distance of approximately 3 miles, to a point on the west right-of-way line of County Road 47; THENCE south along the west right-of-way line of County Road 47 and 20 feet west of the east boundary of Section 27 Laureles Farm Tracts to a point on the north right-of-way line of FM 2444; THENCE to the west along the south boundary of the north half of Sections 27 and 26 Laureles Farm Tracts also being the north right-of-way of FM 2444 to the northwest corner of the southeast quarter of Section 26 Laureles Farm Tracts; THENCE to the south, with the west boundary of the southeast quarter of Section 26 Laureles Farm Tracts and parallel with County Road 49 a distance of 0.5 miles to the northeast corner of the northwest quarter of Section 37 Laureles Farm Tracts; THENCE in a westerly direction along the north boundary of Sections 37, 38 and 39 Laureles Farm Tracts to a point located approximately 2000 feet past the northeast corner of Section 39 Laureles Farm Tracts, to the westerly boundary of the Corpus Christi Extraterritorial Jurisdiction formed by Annexation Ordinance 022267 on July 18, 1985 and by annexation ordinance 020039 on October 27, 1985; whose radius point is the southwest corner of a 308.99 Acre Tract out of Shares 1, 2, 3, 4, and 10, Section D of the Laureles Farm Tracts and by Annexation Ordinance 020039 on October 27, 1985 whose radius point is the southwest corner of a 298.056 Acre Tract out of the South 1/2 of Section 31 and the North 1/2 of Section 32 of the Laureles Farm Tracts; THENCE in a southeasterly direction following the Corpus Christi Extraterritorial Jurisdiction formed by Annexation Ordinance 022267 on July 18, 1985 whose radius point is the southwest corner of a 308.99 Acre Tract out of Shares 1, 2, 3, 4, and 10, Section D of the Laureles Farm Tracts and by Annexation Ordinance 020039 on October 27, 1985 whose radius point is the southwest corner of a 298.056 Acre Tract out of the South 1/2 of Section 31 and the North 1/2 of Section 32 of the Laureles Farm Tracts to the east right-of-way line of County Road 43, crossing Sections 39, 38, 48, 72, 83, 84, 107, 106, 121 and 122 of Laureles Farm Tracts to a point on the east right of way of County Road 43; THENCE in a northerly direction following the east right-of-way line of County Road 43 to a point being 20 feet east of the northwest corner of the south half of Section 104 Laureles Farm Tracts; Municipal Services Plan For the Southside FM 2444 Area Development Services Department September 24, 2014 Page 8 of 17 Legal Department THENCE in an easterly direction along the north boundary of the south half of Section 104 Laureles Farm Tracts to a point on the west boundary of Section 103 Laureles Farm Tracts; THENCE in a northerly direction along the west boundary of Section 103 and 88 Laureles Farm Tracts to the northwest corner of the south half of Section 88 Laureles Farm Tracts; THENCE in a westerly direction along the south boundary of the north half of Section 87 Laureles Farm Tracts to the east right-of-way line of County Road 43; THENCE north along the east right-of-way line of County Road 43 to a point 20 feet east of the southwest corner of north half of Section 68 Laureles Farm Tracts; THENCE east along the north boundary of the south half of Section 68 Laureles Farm Tracts to the southeast corner of the north half of Section 68 Laureles Farm Tracts; THENCE in a northerly direction along the west boundary of Section 67 Laureles Farm Tracts to the northwest corner of Section 67 Laureles Farm Tracts; THENCE to the west along the north boundary of Section 68 Laureles Farm Tracts to the east right- of-way line of County Road 43; THENCE in a northerly direction along the east right-of-way line of Country Road 43 to the point on the north right-of-way line of County Road 14A; THENCE to the west along the north right-of-way line of County Road 14A extended along the south boundary of the north half of Sections 51, 50 and 49 Laureles Farm Tracts to a point on the east right-of-way line of County Road 49; THENCE to the north along the east right-of-way line of County Road 49 being 20 feet east of the west boundary of Sections 49 and 36 Laureles Farm Tracts to a point on the south right-of-way line on County Road 18 being 20 feet south of the northwest corner of the south half of Section 36 Laureles Farm Tracts; THENCE to the east along the south boundary of County Road 18 being 20 feet south of the south boundary of the north half of Section 36 Laureles Farm Tracts to a point on the east right-of-way line of County Road 47 and 20 feet west of the southwest corner of the north half of Section 35; THENCE to the north along the east right-of-way line of County Road 47 and 20 feet east thereof the west boundary of Sections 35 and 28 Laureles Farm Tracts to a point 500 feet south of the centerline of FM 2444; THENCE to the east 500 feet south of and parallel to the centerline of FM 2444 to a point on the west right-of-way line of County Road 41 and the existing Corpus Christi city limits (Ordinance 022267, July 18, 1995) and the east boundary of Section 30 Laureles Farm Tracts to a point; THENCE to the north along the west right-of-way line of County Road 41 and the existing Corpus Christi city limits (Ordinance 022267, July 18, 1995) and the east boundary of Section 30 Laureles Farm Tracts 1000 feet, to the west right-of-way line of County Road 41 and the Corpus Christi city limits (Ordinance 022267, July 18, 1995) to the POINT OF BEGINNING. Municipal Services Plan For the Southside FM 2444 Area Development Services Department September 24, 2014 Page 9 of 17 Legal Department Southside FM 2444 Annexation Area Map e , -40 4 e = 04 S OSGRKWY Tal r 5'4 40 B 1 M 01 • I 1 Li , 1 !'DO. Municipal Services Plan For the Southside FM 2444 Area Page 10 of 17 Development Services Department September 24, 2014 Legal Department Property Owner Signed and City Council Adopted Development Agreements Per Local Government Code 43.035 Municipal Services Plan For the Southside FM 2444 Area Page 11 of 17 Development Services Department September 24, 2014 Legal Department Attachment A: Thomas Edward Braman, Nueces County Appraisal District Tax Id. #: 4250-0030- 1001 A 39.98 acre tract, more or less, out of a 478.36 acre tract of land out of the South one-half (S 1/2) of Section 30 and the North one-half (N '/2) of Section 33, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to - wit: BEGINNING at the northwest corner of this tract of land, being on the west boundary line of the South one-half (S'/2) of Section 30, Laureles Farm Tracts and the centerline of Farm -to -Market 2444, having a right-of-way width of 100.0 feet, as it intersects the centerline of County Road 43, having a right-of-way width of 40.0 feet; THENCE East, along the centerline of Farm -to -Market 2444 to the western boundary line of a 157 acre tract out of the South one-half (S 1/2) of Section 30 and the North one-half (N 1/2) of Section 33, Laureles Farm Tracts; THENCE South along the eastern boundary of the Northeast, South one-half (S 1/2) of Section 30 and the North one-half (N 1/2) of Section 33, Laureles Farm Tracts, 500.0 feet to the southeast corner of this tract; THENCE West, being 500.0 feet south of and parallel to the centerline of Farm -to -Market 2444, to the west boundary line of the Northeast, South one-half (S 1/2) of Section 30 and the North one- half (N 1/2) of Section 33, Laureles Farm Tracts; THENCE North along west side of said tract of land, 500.0 feet, also being in the center of County Road 43, to the POINT OF BEGINNING containing 44.88 acres of land less 4.90 acres of right-of- way for a total of 39.98 acres. LAPA R.O•W: 4.90 Acres FY.7414 LltuRe Les Zr. iljat 9F0.0 Fml 27iiifis 3910.9 foul W.R1.51roMPR,08 ROMAN Vi`r WM. %.121“ LJ ffffil Rk h1.of:Nay i Cleveloprnenl Rgree.r:ev area • Anne alien area SLO Municipal Services Plan For the Southside FM 2444 Area Page 12 of 17 Development Services Department September 24, 2014 Legal Department Attachment B: James F. Nemec Family Real Property, Nueces County Appraisal District Tax Id. #: 4250-0028-020 A 27.064 acre portion, more or less, of a 160 acre tract of land situated in Nueces County Texas, out of that tract of land originally granted to Ramon de Ynojosa, called the "Rincon de Corpus Christi," Abstract No. 411, and being the Northwest One-fourth (NW 1/4) of Section Twenty -Eight (28), of the Laureles Farm Tracts, bounded as follows, to -wit: BEGINNING at the southwest corner of this tract of land, being on the west boundary line of the Northwest One-fourth (NW 1/4) of Section Twenty -Eight (28), of the Laureles Farm Tracts and on the current right-of-way centerline of Farm -to -Market 2444, having a right-of-way width of 100.0 feet, as it intersects the centerline of County Road 47, having a right-of-way width of 40.0 feet; THENCE North along west side of said tract of land, 500.0 feet to the northwest corner, also being in the center of the current right-of-way line of County Road 47; THENCE East, being 500.0 feet north of and parallel to the centerline of Farm -to -Market 2444, to the west boundary line of the Northeast, One-fourth (NE 1/4) of Section Twenty -Eight (28) of the Laureles Farm Tracts; THENCE South along the western boundary of the Northeast, One-fourth (NE 1/4) of Section Twenty - Eight (28) of the Laureles Farm Tracts, 500.0 feet to the southeast corner of this tract, also being in the center of Farm -to -Market 2444; THENCE West, along the current right-of-way centerline of Farm -to -Market 2444, to the POINT OF BEGINNING containing 30.30 acres of land less 3.236 acres of righ-of-way for a total of 27.064 acres. R -0-W r 2.2313 As u..acw new,. �`u,�meloca 26,0.4 Feel 77/////-A... /4 36,0.0 F.1 LOCATION MAP , Cwpaia•Lnr•.: W tloe ISO FY 2444 CA • Right-af-Way Vim% Davdopma tAgmam4r ARO ' "MMxBIion AMi Municipal Services Plan For the Southside FM 2444 Area Page 13 of 17 Development Services Department September 24, 2014 Legal Department LOCATION MAP ..>w. tom.___ -_i_. pnrcn CR 14 II in Attachment C: Turnbull Land and Cattle, Ltd., Cuervo Ranch Holdings, Ltd., Staples Investment Partnership, and MPJ Assets, LLC., Nueces County Appraisal District Tax Id. #: 425000280401 and 425000280500 owned in undivided interest A 24.79 acre tract, more or less, out of a 290.80 acre portion of the Southeast one-quarter (SE 1/4 ) of Section 28, Laureles Farm Tracts and 4.78 Acre, more or less Tract of land out of the Southeast one- quarter (SE 1/4 ) of Section 28, Laureles Farm Tracts , a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to -wit: BEGINNING at the Northwest Corner of this tract of land, being the northwest corner of the Southeast one-quarter (SE 1/4) of Section 28, Laureles Farm Tracts and the centerline on Farm -to -Market 2444, having a right-of-way width of 100.0 feet; THENCE East, along the centerline of Farm -to -Market 2444 to the northeast corner of the Southeast one-quarter (SE'/4) of Section 28, Laureles Farm Tracts, also being the intersection with State Highway 286, having a right-of-way width of 100.00 feet; Thence South along the centerline of State Highway 286, 500.00 feet to the southeast corner of this tract; THENCE West, being 500.0 feet south and parallel to the centerline of Farm -to -Market 2444 to the west boundary line of the Southeast one-quarter (SE 1/4 ) of Section 28, Laureles Farm Tracts; THENCE North, along the west boundary line of the Southeast one-quarter (SE 1/4 ) of Section 28, Laureles Farm Tracts to the POINT OF BEGINNING, containing 28.12 acres of land less 3.33 acres of right-of-way for a total of 24.79 acres. R-0141: 3.33 AC reg 2R56A Fewt 24:79 A aria a r LES NM 1%.09.1.DIV Ina Ft A'rjS•01.7 rce...,31-oererr.ele C.11 FR 2444 WA TUMOUR DawispmeAt Agreemem Area rggi RightCI-W2y Anlle%a11M1 n -c. 0 OM +A4r Municipal Services Plan For the Southside FM 2444 Area Page 14 of 17 Development Services Department September 24, 2014 Legal Department That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor ,/ l•P'*' Ja4. ✓•b•����¢� 00 ,�y 7 ©off `°. 4 , mk O tN 0 0 1 r-98Z-Ann L4 A 1 0 0 .0 O 0-4 b0 301N21 VI21VW VJ NVS t921J C41 E921J c� £9210 ES 210 -s\N 0 W 0 0 0 U U J Kleberg County July 17, 2014 [Name] [Address] LEGAL DESCRIPTION: TAX ID #: SUBJECT: Proposed Annexation — Southside FM 2444 Area Dear Property Owner: On July 15, 2014, the City of Corpus Christi initiated the process to expand its corporate boundaries by proposing to annex 10,463 acres of land generally located south and southwest of the city. (See attached map) The purpose of this letter is to invite you as a property owner of record to annexation public hearings and to provide a sample development agreement, per state law, that could allow qualifying property owners to opt out of the annexation. To allow for public comment, questions, and general input on the annexation as proposed, the City Council has scheduled two (2) public hearings on this issue. The first public hearing will be held on August 19, 2014. The second will be held on August 26, 2014. Both public hearings will be held at the Corpus Christi City Council Chamber, lst Floor of City Hall, 1201 Leopard Street, Corpus Christi, Texas, beginning around 11:30 a.m. All interested parties are encouraged to attend and offer comment. In lieu of annexation, State law requires the City to offer some properties a development agreement instead of annexation. If your land is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E, Chapter 23, Texas Tax Code, you are eligible to negotiate and enter a development agreement with the City (sample enclosed). Such an agreement provides for the continuation of the extraterritorial jurisdiction status of your land so long as the use of your land that entitles you to the agreement does not change. Should the use of your land change to a use other than agricultural, wildlife management or timber land, the agreement would automatically terminate and the land would be annexed into the City at such time, regardless of how the land is appraised for ad valorem tax purposes. Entering an agreement will authorize the enforcement of all regulations and planning authority of the City that do not interfere with the use of your land for agriculture, wildlife management, or timber land. Such regulations include the Unified Development Code, building codes, nuisance regulations, animal control, and general health and sanitation regulations. For your information, entering into this agreement will prohibit the construction of a windfarm on your property. If your property qualifies and you intend to enter into a Development Agreement, please notify us within (30) days of the date this letter. (See contact info below) Proposed Annexation — Southside FM 2444 Area July 17, 2014 Page 2 For your information, entering into the Development Agreement will not cause or allow the City to levy city property taxes on your property. If the City does not receive notification of intent to enter into a Development Agreement within thirty (30) days of the date of this letter we will assume that you are not interested in entering into an agreement. City services will be provided to your property in accordance with a Municipal Services Plan that will be formally adopted by City Council as part of this process. In general, upon annexation into the City, the City will immediately provide police patrol, fire protection, emergency medical response and solid waste pickup for residential properties. A proposed Municipal Services Plan for the Southside FM 2444 area will be posted on the City's website by August 19, 2014. (www.cctexas.com) The Corpus Christi City Council has identified the need to create consistency and unity in regulation of future land use, platting and the provisions of municipal services as it relates to our growing and changing community. The Council has expressed a strong desire to protect and defend the interests of property owners — and to effectively manage growth and development in the areas commonly recognized as part of the Corpus Christi community. The application of City zoning, building, and land development regulations to any neighboring properties that are annexed as part of this process will, over the long term, help protect your property values. Additionally, the inclusion of this area into the City limits will provide better uniformity in the provision of public safety services such as police, fire and EMS. We are committed to assisting you throughout the process by providing any information relating to this pending annexation or answering questions that you may have. Please contact Bob Payne, Special Projects Coordinator at 361-826-3572 or by email at bobpayne@cctexas.com with any questions and if you wish to pursue a Development Agreement. Respectfully, Barney Wil amm , P.E. Interim Dir tor of Development Services Enclosures Annexation Area Map Development Agreement Proposed Annexation — Southside FM 2444 Area July 17, 2014 Page 3 Annexation Area Map DEVELOPMENT AGREEMENT UNDER SECTION 43.035, TEXAS LOCAL GOVERNMENT CODE This Development Agreement under Section 43.035, Texas Local Government Code (the Agreement") is entered between the City of Corpus Christi, Texas (the "City") and the undersigned property owner(s) (the "Owner") The term Owner shall include all owners of the Property. The City and the Owner are collectively referred to as the Parties. WHEREAS, the Owner owns a parcel of real property in Nueces County, Texas, which is more particularly described in the attached Exhibit "A" (the "Property") that is appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code; WHEREAS, under Section 43.035 the City is required to offer to make a development agreement with the Owner that will provide for the continuation of the extraterritorial status of the area and authorize the enforcement of all regulations and planning authority of the City that do not interfere with the use of the area for agriculture, wildlife management, or timber; WHEREAS, Section 43.035 provides that the restriction or limitation on the City's annexation of all or part of the Property under this Agreement is void if the Owner files any type of subdivision plat or related development document for the Property, regardless of how the area is appraised for ad valorem tax purposes; WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172, Texas Local Government Code; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Extraterritorial Jurisdiction Status of Property. The City agrees that the Property shall remain in the City's extraterritorial jurisdiction (the "ETJ") and the City shall not annex the Property during the term of this Agreement, subject to the terms and conditions of this Agreement. Section 2. Owner's Obligations. In consideration of the City's agreement not to annex the Property and as a condition of the Property remaining in the City's ETJ, the Owner covenants and agrees to the following: (a) The Owner shall use the Property only for agriculture, wildlife management, and/or timber land uses, as defined by Chapter 23 of the Texas Tax Code, that are existing on the Effective Date of this Agreement, except for single-family residential use existing on the Effective Date or as otherwise provided by this Agreement. (b) The Owner shall not subdivide the Property, or file for approval of a subdivision plat, site plan, or related development document for the Property with Nueces County or the City until the Property is annexed into and zoned by the City. (c) The Owner shall not construct or allow to be constructed any building or structure on the Property that requires a building permit until the Property is annexed into and zoned by the City. Accessory structures authorized under the City's Unified Development Code and buildings or structures that are related to and necessary for the use of the Property as authorized under Section 2(a) (excluding new single family residences) are exceptions to this Section 2(c), provided that the Owner obtains required building permits prior to construction. (d) The City's zoning regulations shall apply to the Property, and in addition to the uses authorized by the Unified Development Code, the Property may also be used for wildlife management or timber land, as defined by Chapter 23 of the Texas Tax Code, if such uses existed on the Effective Date of this Agreement. Fences shall not be subject to setback requirements. The City's building codes and (e) regulations shall apply to the Property except as provided otherwise in this Section 2(d). Any buildings or structures constructed on the Property after the Effective Date shall be constructed in compliance with the regulations in the Unified Development Code and applicable building codes and regulations, provided that building permits and related inspections shall only be required for the construction of a new single family residence and additions to an existing single family residence that are authorized to be located on the Property under this Agreement. The Owner shall not construct or allow to be constructed wind energy units on his land for the commercial sale of wind energy as defined in the Unified Development Code, Section 5.6. Section 3. Development and Annexation of Property. (a) The following occurrences shall be deemed the Owner's petition for voluntary annexation of the Property, and the Property may subsequently be annexed at the discretion of the City Council: (1) The filing of any application for plat approval, site plan approval, building permit or related development document for the Property, or the commencement of development of the Property, except as specifically authorized herein. (2) The Owner's failure to comply with Section 2. (3) The Property no longer being appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code, or successor statute, unless the Property is no longer appraised for such purposes because the Legislature has abolished agricultural, wildlife management, or timberland exemptions, provided that the Owner is in compliance with Section 2. (4) The filing for voluntary annexation of the Property into the City by the Owner. (5) The expiration of this Agreement. (b) The Owner agrees that annexation initiated due to an occurrence under Section 3(a) shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Upon annexation, municipal services shall be provided to the Property in accordance with the adopted municipal services plan. Section 4. Application of City Regulations. Pursuant to Section 43.035(b)(1)(B), Texas Local Government Code, the Property is subject to all of the City's regulations, as they are amended from time to time, and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City's boundaries and the Owner acknowledges and agrees that the City is hereby authorized to enforce said regulations and planning authority except as specifically provided otherwise herein. Section 5. Term. The term of this Agreement (the "Term") is fifteen (15) years from the Effective Date. Section 6. Vested Rights Claims. This Agreement is not a permit for the purposes of Chapter 245, Texas Local Government Code. The Owner hereby waives any and all vested rights and claims that the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner takes or has taken in violation of Section 2 herein. The Owner further waives any and all vested rights and claims that the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction the Owner may file or initiate with respect to the Property following the expiration of this Agreement prior to annexation of the Property by the City, provided that the City initiates annexation proceedings within one year following the expiration of this Agreement. Section 7. Authorization. (a) All parties and officers signing this Agreement warrant to be duly authorized to execute this Agreement. (b) The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect. The failure of each and every owner of the Property to sign this Agreement at the time of approval and execution by the City shall result in the Agreement being void, and the City may, within its discretion, annex the Property in accordance with applicable law. Section 8. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of the notices required by this Section shall be sent by personal delivery or certified mail, return receipt requested, to the City at the following address: City of Corpus Christi Attn: City Manager PO Box 9277 Corpus Christi, Texas 78469-9277 Notices required to be sent to the Owner shall be sent by personal delivery or certified mail, return receipt requested, to the Owner at the following address: Section 9. Covenant Running with the Land. This Agreement shall run with the Property, and a memorandum of this Agreement in a form substantially similar to that set forth in Exhibit "B" shall be recorded in the Official Public Records of Nueces County, Texas. The Owner and the City acknowledge and agree that this Agreement is binding upon the City and the Owner and their respective successors, executors, heirs, and assigns, as applicable, for the term of this Agreement. Conveyance of the Property, or portions thereof, to subsequent owners does not trigger a request for voluntary annexation unless Section 2 is also violated. Section 10. Severability. If any provision of this Agreement is held by a court of competent and final jurisdiction to be invalid or unenforceable for any reason, then the remainder of the Agreement shall be deemed to be valid and enforceable as if the invalid portion had not been included. Section 11. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the Owner after it has been authorized by the City Council. Section 12. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. Section 13. Governmental Immunity; Defenses. Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or in equity to either the City or Owner, including governmental immunity, nor to create any legal rights or claims on behalf of any third party. Section 14. Enforcement; Waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 15. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 16. Venue and Applicable Law. Venue for this Agreement shall be inNueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 17. Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 18. Effective Date. This Agreement shall be in full force and effect as of the date of approval of this Agreement by the City Council, from and after its execution by the Parties. Section 19. Sections to Survive Termination. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions related to annexation of the Property into the City. Entered into this day of , 2014. Owner (s) Printed Name: Printed Name: City of Corpus Christi, Texas STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME the undersigned authority on this day personally appeared , Owner of the Property, and acknowledged that s/he is fully authorized to execute the foregoing document and that s/he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2014. Notary Public - State of Texas STATE OF TEXAS COUNTY OF NUECES § § BEFORE ME the undersigned authority on this day personally appeared , Owner of the Property, and acknowledged that s/he is fully authorized to execute the foregoing document and that s/he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2014. STATE OF TEXAS COUNTY OF NUECES § § Notary Public - State of Texas BEFORE ME the undersigned authority on this day personally appeared , City of Corpus Christi, Texas and acknowledged that he is fully authorized to execute the foregoing document and that he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2014. Notary Public - State of Texas EXHIBIT "A" Nueces County Appraisal District Tax Id. #: Nueces County Appraisal District Property Description: Exhibit "B" MEMORANDUM OF RECORD NOTICE OF DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES § Whereas, the undersigned ("Owner") and the City of Corpus Christi (the "City"), entered into that certain Development Agreement under Section 43.035, Texas Local Government Code dated , 20 , (the "Agreement"); Whereas, Owner and the City entered the Agreement pursuant to Local Government Code §43.035 which, pursuant to the terms and conditions of the Agreement, effectively guarantees the continuation of the extraterritorial status of Owner's property that is currently appraised for ad valorem tax purposes as agricultural land under Subchapter C or D, Chapter 23 of the Tax Code until the Agreement expires or the property is developed for purposes other than agriculture; Whereas, Owner is the owner of record for the property described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Property"); Whereas, recording the entire Agreement in the real property records of Nueces County is impractical and needlessly burdensome; and Whereas, the Owner and City agree to file this Memorandum of Record ("Memorandum") to provide notice of the Agreement encumbering the Property; NOW THEREFORE, the undersigned hereby executes this Memorandum and files the same of record in the Deed Records of Nueces County, Texas, for the purpose of giving notice to all persons that: (1) The Agreement is on file with the City Secretary at the Corpus Christi City Hall, copies of which are available upon request. (2) The Owner is required to perform as agreed and provided in the Agreement, as well as in accordance with all other applicable rules, regulations and codes of the City, except as provided otherwise in the Agreement. (3) The Agreement provides that any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. Executed and filed this the day of , 2014. THE STATE OF TEXAS By: Name: Title: COUNTY OF NUECES § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared of the City of Corpus Christi, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2014. (SEAL) After Recording Return to: City of Corpus Christi Attn: City Secretary P.O. Box 9277 Corpus Christi, Texas 78469-9277 Notary Public -State of Texas AGENDA MEMORANDUM Action Item for the City Council Meeting of September 30, 2014 DATE: September 30, 2014 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager over General Government & Operations Support WesP@cctexas.com (361) 826-3082 Funding of Utility Improvements in the Southside FM 2444 Annexation Area CAPTION: Resolution regarding the funding of utility improvements in the Southside FM2444 Annexation Area with property taxes from the area. PURPOSE: At the September 23, 2014 City Council meeting, City Council passed a motion directing staff to bring forward a recommendation to have the property tax revenue from the proposed APEX Wind Farm resulting from the Southside FM 2444 annexation be used to pay for the utility extension to that area so that the costs don't affect the City's utility customers. BACKGROUND AND FINDINGS: On September 16, 2014, the City Council approved the first reading of an ordinance annexing Laureles Farm Tracts adjacent to the city limits located in Nueces County along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41, commonly referred to as a portion of the Chapman Ranch and a portion of the proposed APEX Wind Farm. After an Executive Session on September 23, 2014, the City Council passed a motion to direct staff to bring forward a recommendation, prior to the second reading of the annexation, to have the property tax revenue from the proposed APEX Wind Farm be used to pay for the utility infrastructure needed in the newly annexed area. Since the second reading of the annexation is scheduled for September 30, 2014, this item is also being presented at the same meeting. Based on the City's financial analysis for the proposed annexation, it is estimated that the property tax revenue generated from the proposed wind farm would be sufficient to pay for the debt needed to be used to fund installation of utility infrastructure of approximately $13,000,000 to the newly annexed area. Staff recommends utilizing certificates of obligation paid from ad valorem taxes to fund the extension of the City's utility infrastructure to this area. Since part of the City's property tax rate goes towards debt service (the I&S or interest and sinking portion), the additional amount generated by the APEX Wind Farm in the Debt Service Fund would be used to pay the debt service on this debt. In the event that additional property tax revenue is needed to pay the debt, then this amount would be transferred from the Maintenance and Operations (M&O) portion of the property tax rate in the General Fund to the Debt Service Fund as a part of each respective year's budget process. Any excess property tax revenue generated in the General Fund from the APEX Wind Farm would remain in the General Fund. ALTERNATIVES: An alternative would be to fund the utility infrastructure for the newly annexed area from utility rates. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Utilities Department • Office of Management and Budget • Financial Services Department • Legal Department FINANCIAL IMPACT: Not Applicable X Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budgeted Property Tax Revenue- - $ 13,000,000 $ 13,000,000 Estimated Cost for Utility Line Extension- - $ (13,000,000) $ (13,000,000) This item- $ - $ - BALANCE - - $ - $ - FUND(S): General Fund and Debt Service Fund COMMENTS: The estimated cost for the utility infrastructure of the newly annexed area is estimated to be $13,000,000. Staff has projected that sufficient property tax revenue will be generated annually from the APEX Wind Farm to cover the debt service on $13,000,000 of certificates of obligation. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: • Resolution RESOLUTION REGARDING THE FUNDING OF UTILITY IMPROVEMENTS IN THE SOUTHSIDE FM 2444 ANNEXATION AREA WITH PROPERTY TAXES FROM THE AREA WHEREAS, on September 30, 2014, the City Council approved the annexation of the Southside FM 2444 area to regulate land use and development in this area; WHEREAS, the City expects the ad valorem property tax revenue from this area to be substantial due to the taxes on the wind turbines that are planned to be built in the near future; WHEREAS, the City does not expect the cost of utilities and other services needed to serve the area annexed on this day to exceed $13 million; WHEREAS, the City Council therefore intends for City staff to ensure that future adopted budgets preserve this expectation through the use of property tax revenue from this area to fund expected improvements; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: The City Council of the City of Corpus Christi through this resolution expresses its intent and directs City staff to use ad valorem tax revenue from the annexed property in the Chapman Ranch area, known as the Southside FM 2444 Property, to first fund costs of utility construction and improvements in that area in order to avoid increases in utility rates for such improvements. City staff are directed to establish special revenue fund(s) for this specific purpose in upcoming proposed budgets to accumulate amounts equivalent to the property taxes received from the Southside FM 2444 Property, which will be used to defray infrastructure development costs for said area and thereby avoid any increase of City utility rates from this annexation. Date: September 30, 2014 Attest: Rebecca Huerta, City Secretary NELDA MARTINEZ, MAYOR CITY OF CORPUS CHRISTI 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 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 30, 2014 DATE: TO: September 3, 2014 Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., AICP, Director of Development Services danielmg@cctexas.com 361-826-3595 Development Agreements for Property Owners with Agricultural, Wildlife Management or Timber Land Property Exemptions in the Southside FM 2444 Annexation Area CAPTION: Resolution granting a Development Agreement for properties in the Proposed Southside FM 2444 Annexation Area where the property contains an agricultural, wildlife management, or timber land exemption established by the Nueces County Appraisal District and where the property owner has requested the City grant a development agreement in lieu of annexation on their qualifying property; providing for a 15 year time limit; providing that the City will not annex land that is the subject of a Development Agreement; providing that the development agreement authorizes the City to enforce all regulations and planning authority of the municipality provided the authority does not interfere with the use of the area for agriculture, wildlife management, or timber land uses; providing that the area under the Development Agreement is considered adjacent or contiguous to the city; providing that the agreement is automatically terminated if the landowner files any type of subdivision plat or related development document regardless of how the property is appraised by the Nueces County Appraisal District; providing that the agreement will be filed with the Nueces County Clerk; providing for severance; and providing an effective date. PURPOSE: Chapter 43.035 of the Local Government Code requires a city that has proposed to annex land in its Extraterritorial Jurisdiction to first offer a Development Agreement to property owners with an agricultural, wildlife management or timber land property tax exemption. The Development Agreement contains a guarantee that the City will not annex the land covered by the Development Agreement provided that the property owner does not attempt to develop the property and continues to maintain the agricultural, wildlife management or timber land property tax exemption. Under Chapter 43.035 the City is allowed to exercise all planning and land use regulations on property that is covered by a Development Agreement. The Development Agreement offered to the property owners in the annexation area explicitly states that the property owner is not allowed to develop wind energy units (wind farm) on the subject property. BACKGROUND AND FINDINGS: The City offered, by letter on July 17, 2014, a Development Agreement to all of the property owners in the FM 2444 Annexation Area with an agricultural, wildlife management or timber land exemption. The Resolution for this item contains the development agreement and property descriptions and specific maps for property owners that have signed the Development Agreement. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: a. Pursue a policy of annexation of lands at the periphery of the City to achieve orderly growth. b. Pursue a policy of annexation adjacent to the City's growth areas in order to extend zoning ordinance control consistent with adopted land use plans. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution with Exhibits A -D RESOLUTION GRANTING A DEVELOPMENT AGREEMENT FOR PROPERTIES IN THE PROPOSED SOUTHSIDE FM 2444 ANNEXATION AREA WHERE THE PROPERTY CONTAINS AN AGRICULTURAL, WILDLIFE MANAGEMENT, OR TIMBER LAND EXEMPTION ESTABLISHED BY THE NUECES COUNTY APPRAISAL DISTRICT AND WHERE THE PROPERTY OWNER HAS REQUESTED THE CITY GRANT A DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION ON THEIR QUALIFYING PROPERTY; PROVIDING FOR A 15 YEAR TIME LIMIT; PROVIDING THAT THE CITY WILL NOT ANNEX LAND THAT IS THE SUBJECT OF A DEVELOPMENT AGREEMENT; PROVIDING THAT THE DEVELOPMENT AGREEMENT AUTHORIZES THE CITY TO ENFORCE ALL REGULATIONS AND PLANNING AUTHORITY OF THE MUNICIPALITY PROVIDED THE AUTHORITY DOES NOT INTERFERE WITH THE USE OF THE AREA FOR AGRICULTURE, WILDLIFE MANAGEMENT, OR TIMBER LAND USES; PROVIDING THAT THE AREA UNDER THE DEVELOPMENT AGREEMENT IS CONSIDERED ADJACENT OR CONTIGUOUS TO THE CITY; PROVIDING THAT THE AGREEMENT IS AUTOMATICALLY TERMINATED IF THE LANDOWNER FILES ANY TYPE OF SUBDIVISION PLAT OR RELATED DEVELOPMENT DOCUMENT REGARDLESS OF HOW THE PROPERTY IS APPRAISED BY THE NUECES COUNTY APPRAISAL DISTRICT; PROVIDING THAT THE AGREEMENT WILL BE FILED WITH THE NUECES COUNTY CLERK; PROVIDING FOR SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corpus Christi desires to annex land, located south and southwest of the existing city limits and considered to be in the City's primary growth corridor; WHEREAS, Local Government Code, Section 43.035 requires a municipality to offer each property owner in the annexation area with an agricultural or wildlife management or timber land exemption on their property a Development Agreement to be excluded from the municipal annexation; WHEREAS, a letter was sent to each property owner on July 17, 2014, offering a Development Agreement to guarantee extraterritorial status of the area and authorizes the enforcement of all regulations and planning authority of the municipality that does not interfere with the use of the area for an agricultural or wildlife management or timber land exemption; WHEREAS, the proposed Development Agreement prohibits the owner from constructing or allowing to be constructed wind energy units on the land for the commercial sale of wind energy as defined in the Unified Development Code, Section 5.6; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council finds that approving the proposed Development Agreement (Exhibit A) with property owners having land in the area that meets the requirements for exemptions contained in Local Government Code 43.035 is in the public interest. SECTION 2. That Development Agreement contained in the Exhibit A shall pertain to the properties described in Exhibits B thru D and shall be in effect for a period of up to 15 years providing that the property owner does not violate the agreement by filing a subdivision plat, by constructing or allowing to be constructed a wind turbine for commercial resale of electricity or by not maintaining an exemption for agricultural use or wildlife management or timber land with the Nueces County Appraisal District; SECTION 3. That the owners and inhabitants of the tracts or parcels of land are subject to all regulations and planning authority of the municipality that does not interfere with the property exemption for agricultural use or wildlife management or timber land; SECTION 4. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this resolution considered adjacent or contiguous to the City of Corpus Christi, Texas; SECTION 5. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to designate the properties herein as covered by a development agreement; SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the resolution shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. This resolution goes into effect at a.m, , 2014. Exhibit A: Letter To Property Owners and Development Agreement Per Local Government Code 43.035 for Agricultural or Wildlife Management or Timber Land July 17, 2014 [Name] [Address] LEGAL DESCRIPTION: TAX ID #: SUBJECT: Proposed Annexation — Southside FM 2444 Area Dear Property Owner: On July 15, 2014, the City of Corpus Christi initiated the process to expand its corporate boundaries by proposing to annex 10,463 acres of land generally located south and southwest of the city. (See attached map) The purpose of this letter is to invite you as a property owner of record to annexation public hearings and to provide a sample development agreement, per state law, that could allow qualifying property owners to opt out of the annexation. To allow for public comment, questions, and general input on the annexation as proposed, the City Council has scheduled two (2) public hearings on this issue. The first public hearing will be held on August 19, 2014. The second will be held on August 26, 2014. Both public hearings will be held at the Corpus Christi City Council Chamber, 1st Floor of City Hall, 1201 Leopard Street, Corpus Christi, Texas, beginning around 11:30 a.m. All interested parties are encouraged to attend and offer comment. In lieu of annexation, State law requires the City to offer some properties a development agreement instead of annexation. If your land is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E, Chapter 23, Texas Tax Code, you are eligible to negotiate and enter a development agreement with the City (sample enclosed). Such an agreement provides for the continuation of the extraterritorial jurisdiction status of your land so long as the use of your land that entitles you to the agreement does not change. Should the use of your land change to a use other than agricultural, wildlife management or timber land, the agreement would automatically terminate and the land would be annexed into the City at such time, regardless of how the land is appraised for ad valorem tax purposes. Entering an agreement will authorize the enforcement of all regulations and planning authority of the City that do not interfere with the use of your land for agriculture, wildlife management, or timber land. Such regulations include the Unified Development Code, building codes, nuisance regulations, animal control, and general health and sanitation regulations. For your information, entering into this agreement will prohibit the construction of a windfarm on your property. If your property qualifies and you Proposed Annexation — Southside FM 2444 Area July 17, 2014 Page 2 intend to enter into a Development Agreement, please notify us within (30) days of the date this letter. (See contact info below) For your information, entering into the Development Agreement will not cause or allow the City to levy city property taxes on your property. If the City does not receive notification of intent to enter into a Development Agreement within thirty (30) days of the date of this letter we will assume that you are not interested in entering into an agreement. City services will be provided to your property in accordance with a Municipal Services Plan that will be formally adopted by City Council as part of this process. In general, upon annexation into the City, the City will immediately provide police patrol, fire protection, emergency medical response and solid waste pickup for residential properties. A proposed Municipal Services Plan for the Southside FM 2444 area will be posted on the City's website by August 19, 2014. (www.cctexas.com) The Corpus Christi City Council has identified the need to create consistency and unity in regulation of future land use, platting and the provisions of municipal services as it relates to our growing and changing community. The Council has expressed a strong desire to protect and defend the interests of property owners — and to effectively manage growth and development in the areas commonly recognized as part of the Corpus Christi community. The application of City zoning, building, and land development regulations to any neighboring properties that are annexed as part of this process will, over the long term, help protect your property values. Additionally, the inclusion of this area into the City limits will provide better uniformity in the provision of public safety services such as police, fire and EMS. We are committed to assisting you throughout the process by providing any information relating to this pending annexation or answering questions that you may have. Please contact Bob Payne, Special Projects Coordinator at 361-826-3572 or by email at bobpayne@a,cctexas.com with any questions and if you wish to pursue a Development Agreement. Respectfully, Barney Wil am P.E. Interim Dir = tor of Development Services Enclosures Annexation Area Map Development Agreement Proposed Annexation -Southside FM 2444 Area July 17, 2014 Page 3 Annexation Area Map tit a a—' 17,1 5 a 4 DEVELOPM ENT AGREEMENT UNDER SECTION 43.035, TEXAS LOCAL GOVERNMENT CODE This Development Agreement under Section 43.035, Texas Local Government Code (the Agreement") is entered between the City of Corpus Christi, Texas (the "City") and the undersigned property owner(s) (the "Owner") The term Owner shall include all owners of the Property. The City and the Owner are collectively referred to as the Parties. WHEREAS, the Owner owns a parcel of real property in Nueces County, Texas, which is more particularly described in the attached Exhibit "A" (the "Property') that is appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code; WHEREAS, under Section 43.035 the City is required to offer to make a development agreement with the Owner that will provide for the continuation of the extraterritorial status of the area and authorize the enforcement of all regulations and planning authority of the City that do not interfere with the use of the area for agriculture, wildlife management, or timber; WHEREAS, Section 43.035 provides that the restriction or limitation on the City's annexation of all or part of the Property under this Agreement is void if the Owner files any type of subdivision plat or related development document for the Property, regardless of how the area is appraised for ad valorem tax purposes; WHEREAS, the Owner desires to have the Property remain in the Citys extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172, Texas Local Government Code; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Extraterritorial Jurisdiction Status of Property. The City agrees that the Property shall remain in the City's extraterritorial jurisdiction (the "ETJ") and the City shall not annex the Property during the term of this Agreement, subject to the terms and conditions of this Agreement. Section 2. Owner's Obligations. In consideration of the Citys agreement not to annex the Property and as a condition of the Property remaining in the Citys ETJ, the Owner covenants and agrees to the following: (a) The Owner shall use the Property only for agriculture, wildlife management, and/or timber land uses, as defined by Chapter 23 of the Texas Tax Code, that are existing on the Effective Date of this Agreement, except for single-family residential use existing on the Effective Date or as otherwise provided by this Agreement. (b) The Owner shall not subdivide the Property, or file for approval of a subdivision plat, site plan, or related development document for the Property with Nueces County or the City until the Property is annexed into and zoned by the City. (c) The Owner shall not construct or allow to be constructed any building or structure on the Property that requires a building permit until the Property is annexed into and zoned by the City. Accessory structures authorized under the City's Unified Development Code and buildings or structures that are related to and necessary for the use of the Property as authorized under Section 2(a) (excluding new single family residences) are exceptions to this Section 2(c), provided that the Owner obtains required building permits prior to construction. (d) The City's zoning regulations shall apply to the Property, and in addition to the uses authorized by the Unified Development Code, the Property may also be used for wildlife management or timber land, as defined by Chapter 23 of the Texas Tax Code, if such uses existed on the Effective Date of this Agreement. Fences shall not be subject to setback requirements. The City's building codes and regulations shall apply to the Property except as provided otherwise in this Section 2(d). Any buildings or structures constructed on the Property after the Effective Date shall be constructed in compliance with the regulations in the Unified Development Code and applicable building codes and regulations, provided that building permits and related inspections shall only be required for the construction of a new single family residence and additions to an existing single family residence that are authorized to be located on the Property under this Agreement. (e) The Owner shall not construct or allow to be constructed wind energy units on his land for the commercial sale of wind energy as defined in the Unified Development Code, Section 5.6. Section 3. Development and Annexation of Property. (a) The following occurrences shall be deemed the Owner's petition for voluntary annexation of the Property, and the Property may subsequently be annexed at the discretion of the City Council: (1) The filing of any application for plat approval, site plan approval, building permit or related development document for the Property, or the commencement of development of the Property, except as specifically authorized herein. (2) The Owner's failure to comply with Section 2. (3) The Property no longer being appraised for ad valorem tax purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code, or successor statute, unless the Property is no longer appraised for such purposes because the Legislature has abolished agricultural, wildlife management, or timberland exemptions, provided that the Owner is in compliance with Section 2. (4) The filing for voluntary annexation of the Property into the City by the Owner. (5) The expiration of this Agreement. (b) The Owner agrees that annexation initiated due to an occurrence under Section 3(a) shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. Upon annexation, municipal services shall be provided to the Property in accordance with the adopted municipal services plan. Section 4. Application of City Regulations. Pursuant to Section 43.035(b)(1)(B), Texas Local Government Code, the Property is subject to all of the City's regulations, as they are amended from time to time, and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City's boundaries and the Owner acknowledges and agrees that the City is hereby authorized to enforce said regulations and planning authority except as specifically provided otherwise herein. Section 5. Term. The term of this Agreement (the "Term") is fifteen (15) years from the Effective Date. Section 6. Vested Rights Claims. This Agreement is not a permit for the purposes of Chapter 245, Texas Local Government Code. The Owner hereby waives any and all vested rights and claims that the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner takes or has taken in violation of Section 2 herein. The Owner further waives any and all vested rights and claims that the Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction the Owner may file or initiate with respect to the Property following the expiration of this Agreement prior to annexation of the Property by the City, provided that the City initiates annexation proceedings within one year following the expiration of this Agreement. Section 7. Authorization. (a) All parties and officers signing this Agreement warrant to be duly authorized to execute this Agreement. (b) The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect. The failure of each and every owner of the Property to sign this Agreement at the time of approval and execution by the City shall result in the Agreement being void, and the City may, within its discretion, annex the Property in accordance with applicable law. Section 8. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of the notices required by this Section shall be sent by personal delivery or certified mail, return receipt requested, to the City at the following address: City of Corpus Christi Attn: City Manager PO Box 9277 Corpus Christi, Texas 78469-9277 Notices required to be sent to the Owner shall be sent by personal delivery or certified mail, return receipt requested, to the Owner at the following address: Section 9. Covenant Running with the Land. This Agreement shall run with the Property, and a memorandum of this Agreement in a form substantially similar to that set forth in Exhibit "B" shall be recorded in the Official Public Records of Nueces County, Texas. The Owner and the City acknowledge and agree that this Agreement is binding upon the City and the Owner and their respective successors, executors, heirs, and assigns, as applicable, for the term of this Agreement. Conveyance of the Property, or portions thereof, to subsequent owners does not trigger a request for voluntary annexation unless Section 2 is also violated. Section 10. Severability. If any provision of this Agreement is held by a court of competent and final jurisdiction to be invalid or unenforceable for any reason, then the remainder of the Agreement shall be deemed to be valid and enforceable as if the invalid portion had not been included. Section 11. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the Owner after it has been authorized by the City Council. Section 12. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. Section 13. Governmental Immunity; Defenses. Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or in equity to either the City or Owner, including governmental immunity, nor to create any legal rights or claims on behalf of any third party. Section 14. Enforcement; Waiver. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 15. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 16. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 17. Counterparts. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 18. Effective Date. This Agreement shall be in full force and effect as of the date of approval of this Agreement by the City Council, from and after its execution by the Parties. Section 19. Sections to Survive Termination. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions related to annexation of the Property into the City. Entered into this day of , 2014. Owner (s) Printed Name: Printed Name: City of Corpus Christi, Texas STATE OF TEXAS COUNTY OF NUECES § § BEFORE ME the undersigned authority on this day personally appeared Owner of the Property, and acknowledged that s/he is fully authorized to execute the foregoing document and that s/he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2014. STATE OF TEXAS COUNTY OF NUECES § § Notary Public - State of Texas BEFORE ME the undersigned authority on this day personally appeared Owner of the Property, and acknowledged that s/he is fully authorized to execute the foregoing document and that s/he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2014. STATE OF TEXAS COUNTY OF NUECES § § Notary Public - State of Texas BEFORE ME the undersigned authority on this day personally appeared , City of Corpus Christi, Texas and acknowledged that he is fully authorized to execute the foregoing document and that he executed such document for the purposes and consideration therein expressed and in the capacity therein stated. 2014. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of Notary Public - State of Texas DEVELOPMENT AGREEMENT EXHIBIT "A" Nueces County Appraisal District Tax Id. #: Nueces County Appraisal District Property Description: Development Agreement Exhibit "B" MEMORANDUM OF RECORD NOTICE OF DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES § Whereas, the undersigned ("Owner") and the City of Corpus Christi (the "City"), entered into that certain Development Agreement under Section 43.035, Texas Local Government Code dated , 20 , (the "Agreement"); Whereas, Owner and the City entered the Agreement pursuant to Local Government Code §43.035 which, pursuant to the terms and conditions of the Agreement, effectively guarantees the continuation of the extraterritorial status of Owner's property that is currently appraised for ad valorem tax purposes as agricultural land under Subchapter C or D, Chapter 23 of the Tax Code until the Agreement expires or the property is developed for purposes other than agriculture; Whereas, Owner is the owner of record for the property described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Property"); Whereas, recording the entire Agreement in the real property records of Nueces County is impractical and needlessly burdensome; and Whereas, the Owner and City agree to file this Memorandum of Record ("Memorandum") to provide notice of the Agreement encumbering the Property; NOW THEREFORE, the undersigned hereby executes this Memorandum and files the same of record in the Deed Records of Nueces County, Texas, for the purpose of giving notice to all persons that: (1) The Agreement is on file with the City Secretary at the Corpus Christi City Hall, copies of which are available upon request. (2) The Owner is required to perform as agreed and provided in the Agreement, as well as in accordance with all other applicable rules, regulations and codes of the City, except as provided otherwise in the Agreement. (3) The Agreement provides that any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. Executed and filed this the day of 2014. By: Name: Title: THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared of the City of Corpus Christi, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2014. (SEAL) After Recording Return to: City of Corpus Christi Attn: City Secretary P.O. Box 9277 Corpus Christi, Texas 78469-9277 Notary Public -State of Texas Exhibit B: Thomas Edward Braman, Nueces County Appraisal District Tax Id. #: 4250-0030- 1001 A 39.98 acre tract, more or less, out of a 478.36 acre tract of land out of the South one-half (S 1/2) of Section 30 and the North one-half (N 1/2) of Section 33, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to -wit: BEGINNING at the northwest corner of this tract of land, being on the west boundary line of the South one-half (S'/2) of Section 30, Laureles Farm Tracts and the centerline of Farm -to - Market 2444, having a right-of-way width of 100.0 feet, as it intersects the centerline of County Road 43, having a right-of-way width of 40.0 feet; THENCE East, along the centerline of Farm -to -Market 2444 to the western boundary line of a 157 acre tract out of the South one-half (S 1/2) of Section 30 and the North one-half (N 1/2) of Section 33, Laureles Farm Tracts; THENCE South along the eastern boundary of the Northeast, South one-half (S 1/2) of Section 30 and the North one-half (N 1/2) of Section 33, Laureles Farm Tracts, 500.0 feet to the southeast corner of this tract; THENCE West, being 500.0 feet south of and parallel to the centerline of Farm -to -Market 2444, to the west boundary line of the Northeast, South one-half (S 1/2) of Section 30 and the North one-half (N 1/2) of Section 33, Laureles Farm Tracts; THENCE North along west side of said tract of land, 500.0 feet, also being in the center of County Road 43, to the POINT OF BEGINNING containing 44.88 acres of land less 4.90 acres of right-of-way for a total of 39.98 acres. R•O•W: 4.90 Acres 1 FN 3414 ICS011r !SO roam. veAsc samorromm Z'vtb 394P.0 IB anciaocxs LOCATION MAP London iso 5..n - r 5 s z e L1 044P➢9 Rigra•d•Way Deregpmeni Agreement Area Anneralim ryea Exhibit C: James F. Nemec Family Real Property, Nueces County Appraisal District Tax Id. #: 4250-0028-020 A 27.064 acre portion, more or less, of a 160 acre tract of land situated in Nueces County Texas, out of that tract of land originally granted to Ramon de Ynojosa, called the "Rincon de Corpus Christi," Abstract No. 411, and being the Northwest One-fourth (NW 1/4) of Section Twenty -Eight (28), of the Laureles Farm Tracts, bounded as follows, to -wit: BEGINNING at the southwest corner of this tract of land, being on the west boundary line of the Northwest One-fourth (NW 1/4) of Section Twenty -Eight (28), of the Laureles Farm Tracts and on the current right-of-way centerline of Farm -to -Market 2444, having a right-of-way width of 100.0 feet, as it intersects the centerline of County Road 47, having a right-of-way width of 40.0 feet; THENCE North along west side of said tract of land, 500.0 feet to the northwest corner, also being in the center of the current right-of-way line of County Road 47; THENCE East, being 500.0 feet north of and parallel to the centerline of Farm -to -Market 2444, to the west boundary line of the Northeast, One-fourth (NE 1/4) of Section Twenty -Eight (28) of the Laureles Farm Tracts; THENCE South along the western boundary of the Northeast, One-fourth (NE 1/4) of Section Twenty -Eight (28) of the Laureles Farm Tracts, 500.0 feet to the southeast corner of this tract, also being in the center of Farm -to -Market 2444; THENCE West, along the current right-of-way centerline of Farm -to -Market 2444, to the POINT OF BEGINNING containing 30.30 acres of land less 3.236 acres of righ-of-way for a total of 27.064 acres. 1•161.1..1,0 ,41,442104.441,00042100 2540..2 Fool R.O-W: 3.23E Acres.' LOCATION MAP espu Corp,CAr V://7.064'Ac es 0 r4 � G.0 Fo., For 2444 rrpO Right -of -Way Developmem Rgreamenl Area .: Annoxaiion A'oe 804 i4N1 Exhibit D: Turnbull Land and Cattle, Ltd., Cuervo Ranch Holdings, Ltd., Staples Investment Partnership, and MPJ Assets, LLC., Nueces County Appraisal District Tax Id. #: 425000280401 and 425000280500 owned in undivided interest A 24.79 acre tract, more or less, out of a 290.80 acre portion of the Southeast one-quarter (SE 1/4) of Section 28, Laureles Farm Tracts and 4.78 Acre, more or less Tract of land out of the Southeast one-quarter (SE 1/4 ) of Section 28, Laureles Farm Tracts , a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to -wit: BEGINNING at the Northwest Corner of this tract of land, being the northwest corner of the Southeast one-quarter (SE 1/4 ) of Section 28, Laureles Farm Tracts and the centerline on Farm - to -Market 2444, having a right-of-way width of 100.0 feet; THENCE East, along the centerline of Farm -to -Market 2444 to the northeast corner of the Southeast one-quarter (SE 1/4 ) of Section 28, Laureles Farm Tracts, also being the intersection with State Highway 286, having a right-of-way width of 100.00 feet; Thence South along the centerline of State Highway 286, 500.00 feet to the southeast corner of this tract; THENCE West, being 500.0 feet south and parallel to the centerline of Farm -to -Market 2444 to the west boundary line of the Southeast one-quarter (SE 1/4 ) of Section 28, Laureles Farm Tracts; THENCE North, along the west boundary line of the Southeast one-quarter (SE 1/4 ) of Section 28, Laureles Farm Tracts to the POINT OF BEGINNING, containing 28.12 acres of land less 3.33 acres of right-of-way for a total of 24.79 acres. FM 2411 LOCATION MAP Loneoni3F .214 came 55. so Tanto Deuel n®nt F¢reamer Area agal R Li-Wa An140%211dl Arse PASSED AND APPROVED this day of 2014 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of , 2014 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 II II . • 2 i 1 5 ° Fe . 3 g I 98XMI•1 g g 1 \ IN1 i . E IIIII = L v—H3 / , I IP51e 1i2 Li 2 e" Fe 0 1 1 1 1 g og 1 111-1111WIA illkinil 4,. lo, .11 •16.,%' 1 , \- L , g ! i i . 'JI,., ; . i 0 • ., — lel t) s',t- Ell I. MA 0 U xempt Land rAPEX Energy 9U4) m_.* 110 Q 1 1 1 LL a) 42 ---- ,_ s)Im E E E 3 ! (7) 0 <II , , 1 > a) a 0 w b 2 — EI -- -- 19 1 War AGENDA MEMORANDUM First Reading item for the City Council Meeting of September 23, 2014 Second Reading item for the City Council Meeting of September 30, 2014 DATE: September 11, 2014 TO: Ronald L. Olson, City Manager THRU: Wes Pierson, Assistant City Manager Business Support Services wesp@cctexas.com (361) 826-3082 THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P. E., Interim Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 CAPTION: Approval of Fiscal Year 2014 — 2015 Capital Budget and Capital Improvement Planning Guide Ordinance approving the Fiscal Year 2014 — 2015 Capital Budget and Capital Improvement Planning Guide in the amount of $313,078,800. PURPOSE: The purpose of this Agenda Item is to fulfill all requirements necessary to approve the Fiscal year 2014 — 2015 Capital Budget and Capital Improvement Planning Guide BACKGROUND AND FINDINGS: Section 102.006 of the Texas Local Government Code reads as follows: "The governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing." The City Charter requires City Council to review the recommendations of the Planning Commission and act on the Capital Budget on a yearly basis. A public hearing was held before the Planning Commission on Wednesday, July 2, 2014 and at that meeting the Planning Commission recommended approval of the 2014 — 2015 Capital Budget and Capital Improvement Planning Guide as presented. ALTERNATIVES: Approval of this budget is required by City Charter. City Council may: 1. Approve the budget as presented (Recommended) 2. Make changes to the budget and then approve. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This item conforms to City Policy and statues regarding approval of the Fiscal Year 2014 — 2015 Capital Budget and Capital Improvement Planning Guide and is consistent with the Comprehensive Plan. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $313,078,800 $313,078,800 BALANCE $313,078,800 $313,078,800 Fund(s): COMMENTS: Approval of Ordinance will appropriate the funds required to proceed with the Fiscal Year 2014 — 2015 Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Page 1 of 2 AN ORDINANCE APPROVING THE FISCAL YEAR 2014 — 2015 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $313,078,800. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Fiscal Year 2014 — 2015 Capital Budget and Capital Improvement Planning Guide in the amount of $313,078,800 is hereby approved. A copy of the Fiscal Year 2014 — 2015 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Ordinance - CIP Budget Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Ordinance - CIP Budget Nelda Martinez Mayor Corpus Chr sti Capital Programs Fiscal Year 2014 - 2015 Revised Capital Improvement Program Budget and Planning Guide City Council Presentation September 30, 2014 Revised FY '15 Proposed CIP Corpus Chr sti Capital Programs • On September 23, 2014 the FY '15 was presented to City Council for the first reading • City Council approved at first reading and directed staff to come back with the Wastewater section included for second reading Wastewater Corpus Chr 4C111510 Corpus Programs • 'Year One: $47,820,900 • Program Highlights: - City-wide Collection System IDIQ (SSOI) - Oso WRP Nutrient Removal and Re -rate to 18MGD Phase 2 (FINAL) - Lift Station Repair - City-wide • Funding Sources: — Revenue Bond — Wastewater Reserves efr"4-' Revised FY '15 Proposed CIP Corpus Chr sti Capital Programs • Fiscal Year 2015 CIP Budget - $313,078,800 — Airport: — Parks & Rec: — Public Facilities: — Health & Safety: — Streets: — Gas: — Storm Water: — Water: — Water Supply: — Wastewater: $ 31,824,000 10,393,700 3,397,000 18,884,700 40,004,900 23,610,000 32,101 800 101,346,500 47,820,900 FY '15 Proposed CIP kr+ Corpus Chr sti Capital Programs Year One: 313,078,800 Storm Water, $23,610.0 , 8% Streets, $40,004.9 , 13% Public Facilities, $3,397.0 , 1% Public Health & Safety, $18,884.7, 6% Water Supply, $100,346.5 , 32% Parks & Recreation, $10,393.7, 3% Gas, $4,695.3 , 2% Wastewater, Airport, $47,820.9, 15% $31,824.0 , 10% Water, $32,101.8, 10% 5 Airport Corpus Chr 4C111510 Corpus Programs • Year One: $31,824,000 • Program Highlights: — Runway 13-31Extension/Displacement — Taxiway Reconfiguration — Rehabilitate East General Aviation Apron • Funding Sources: — Federal Aviation Administration Grant — Certifications of Obligation — Customer Facility Charges — Airport Fund Reserves Parks & Recreation (11 Corpus Chr sti Capital Programs • Year One: $10,393,700 • Program Highlights: — Community Park Development and Improvements (Bond 2012) — Packery Channel Improvements, Phase 3 Restroom Facilities — Marina Dock R Improvements • Funding Sources: — Bond 2012 General Obligation Bonds — Tax Increment Financing District — Marina Revenue Bonds Public Facilities Corpus Chr 4C111510 Corpus Programs • Year One: $3,397,000 • Program Highlights: — Animal Control Remodel/Improvements (Bond 2012) Signs/Signals Operations - New Shop and Office Facility (Bond 2012) Comprehensive Facilities Improvements • Funding Sources: — Bond 2012 General Obligation Bonds — Certificates of Obligation Public Health/ Safety Corpus Chr 4C111510 Corpus Programs • Year One: $18,884,700 • Program Highlights: — Vehicle Impound Yard and Garage, Phase 2 (Bond 2012) — Citizens Collection Center Flour Bluff/Padre Island Area — Salt Flats Levee System - Certification and Phase 2 Improvements • Funding Sources: — Bond 2012 General Obligation Bonds — Certificates of Obligation — Sales Tax Proceeds (Type A Board Funding) Streets Corpus Chr "10 Corpus Programs • Year One: $40,004,900 • Program Highlights: - Gollihar Road - Staples Street to Weber Road (Proposed Bond 2014) Ocean Drive - Buford Street to Louisiana Avenue (Bond 2012) Staples - IH -37 to Morgan (Bond 12) • Funding Sources: - Tax Notes - Bond 2008 General Obligation Bonds - Bond 2012 General Obligation Bonds Gas Corpus Chr 41C1510 Corpus Programs • Year One: $4,695,300 • Program Highlights: — Gas Line to Padre Island — High Pressure Cathodic Protection Master Plan — West Side Interior Loop • Funding Sources: — Gas Revenue Bonds 11 Storm Water Corpus Chr 4C111510 Corpus Programs • Year One: $23,610,000 • Program Highlights: — Gollihar Outfall Repairs — Support to Street Bond Projects • Funding Sources: — Storm Water Revenue Bonds — Storm Water Department Reserves Water Corpus Chr 4C111510 Corpus Programs • Year One: $32,101,800 • Program Highlights: — ONS Water Treatment Plant High Service Building # 3 and Clearwell # 1 Repairs — ONS Water Treatment Plant Raw Water Influent Improvements — Support of Street Bond Projects • Funding Sources: — Water Revenue Bonds — Water Department Reserves Water Supply Corpus Chr 4C111510 Corpus Programs • Year One: $100,346,500 • Program Highlights: — Mary Rhodes Water Supply Pipeline, Phase 2 — City of Corpus Christi Pilot Desalination Program — Corpus Christi Reservoir Operating System Infrastructure Improvements • Funding Sources: — Mary Rhodes Revenue Bonds — Raw Water Supply Reserves — Federal Grant AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 30, 2014 Second Reading Ordinance for the City Council Meeting of October 14, 2014 DATE: TO: September 16, 2014 Ronald L. Olson, City Manager FROM: Yasmine B. Chapman, Director of Human Resources Yasmi neC@cctexas.com 361-826-3315 Amendment to the Personnel Ordinance to implement a one and half percent cost of living increase and add two new pay grades CAPTION: Ordinance amending the Corpus Christi Code of Ordinances, Chapter 39, Personnel, Article III Employee Classification and Compensation System to revise Section 39-303, adjusting the pay grades and steps to implement a one and a half percent (1.5%) cost of living increase as approved in the Fiscal Year 2015 Budget and to add new pay grades 401 and 402; repealing conflicting ordinances and rules; providing for effective date and providing for severance. PURPOSE: Amending Chapter 39, Personnel, Article III Employee Classification and Compensation System to adjust the pay grades and steps in order to implement a 1.5% cost of living increase as well as to add new pay grades 401 and 402. BACKGROUND AND FINDINGS: As approved in the Fiscal Year 2015 Budget pay grades and steps are modified to incorporate the one and a half percent (1.5%) cost of living adjustment. Also a new pay plan 400 with grades and steps for Police Commanders and Assistant Police Chiefs is created to assure the adjustments for a 5% separation between the highest base pay for Police Captain and the Police Commander as well as a 5% separation between the Police Commander and the Assistant Police Chief. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Item conforms to all City policies. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Office of Management and Budget Department of Financial Service Legal Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014 - 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $1,571,605 $1,571,605 BALANCE $1,571,605 $1,571,605 Fund(s): General, Street, Redlight, Water, Gas Wastewater, Stormwater, Airport, Development Services, Marina, Visitors, LEPC, Stores, Fleet Facilities, MIS, Capital Programs, Risk Administration, Health Administration, and Crime Control Comments: RECOMMENDATION: Staff recommends approval of the ordinance amendment to adjust the pay grades and steps; implementing the 1.5% cost of living increase, as well as to add new pay grades; 401 and 402. LIST OF SUPPORTING DOCUMENTS: Redline Ordinance Ordinance; clean copy Ordinance amending the Corpus Christi Code of Ordinances, Chapter 39, Personnel, Article III Employee Classification and Compensation System to revise Section 39-303, adjusting the pay grades and steps to implement a one and a half percent (1.5%) cost of living increase as approved in the Fiscal Year 2015 Budget and to add new pay grades 401 and 402; repealing conflicting ordinances and rules; providing for effective date and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-303, is amended to read as follows: Sec. 39-303. Standard classifications, pay grades, and ranges. (a) (b) Grade 101 Classifications. The classifications of employees of the city, as set forth in this section, will include: Pay Plan 100 Non -Exempt (FLSA Overtime Eligible); Pay Plan 200 Exempt (FLSA Overtime Ineligible); Pay Plan 300 Executives (FLSA Overtime Ineligible); and Pay Plan 400 Police Command Staff Pay Plan 100. Pay Plan 100 will include positions that are designated as non-exempt under the FLSA. The city manager will periodically review positions and take corrective action, as required, to assure they are properly classified under the FLSA. The pay grades and ranges for positions in Pay Plan 100 are as follows: Pay Plan 100 FLSA Overtime Eligible Minimum Midpoint Maximum $17,124 $22,467 $28,058 102 17,980 23,591 29,461 103 18,879 24,770 30,934 104 19,822 26,008 32,481 105 20,813 27,309 34,105 106 21,853 28,674 35,810 107 22,947 30,108 37,601 108 24,094 31,613 39,481 109 25,299 33,194 41,454 110 26,564 34854 43,528 111 27,892 36,597 45,704 112 29,287 38,426 47,989 113 30,750 40,347 50,388 114 32,288 42,365 52,908 115 33,903 44,483 55,554 116 35,598 46,707 58,331 117 37,377 49,043 61,247 118 39,247 51,495 64,310 119 41,209 54,070 67,526 120 43,269 56,773 70,902 121 45,432 59,612 74,447 122 47,704 62,592 78,169 123 50,090 65,722 82,078 124 52,594 69,008 86,181 125 55,224 72,459 90,491 (c) Pay Plan 200. Pay Plan 200 will include all positions that may be designated as exempt from overtime under the FLSA. The pay grades and ranges for positions in Pay Plan 200 are as follows: Pay Plan 200 FLSA Overtime Ineligible Grade Minimum Midpoint Maximum 201 $32,181 $42,224 $52,732 202 33,790 44,335 55,368 203 35,479 46,552 58,137 204 37,253 48,879 61,044 205 39,116 51,324 64,096 206 41,072 53,890 67,301 207 43,125 56,584 70,666 208 45,281 59,413 74,198 209 47,545 62,383 77,908 210 49,923 65,503 81,804 211 52,419 68,778 85,895 212 55,039 72,217 90,189 213 57,792 75,829 94,700 214 60,682 79,620 99,434 215 63,716 83,600 104,406 216 66,902 87,780 109,625 217 70,245 92,169 115,107 218 73,758 96,777 120,861 219 77,446 101,616 220 81,318 106,697 N 126,904 133,250 221 85,384 (d) 112,032 139,912 Pay Plan 300. Pay Plan 300 will include positions at the highest level of decision- making and responsibility. The pay grades and ranges for positions in Pay Plan 300 are as follows: Pay Plan 300 Executives FLSA Overtime Ineligible la Minimum MidpointMaximum i 307 $65,320 $85,666 308 68,554 89,949 309 71,982 94,446 $106,985 112,334 117,951 310 75,581 99,170 123,849 311 79,361 104,128 130,042 312 83,327 109,333 136,542 313 87,495 114,801 143,371 314 91,870 120,541 150,539 315 96,463 126,568 158,066 316 101,286 132,896 165,969 317 106,350 139,540 174,266 318 111,667 146,518 182,981 319 117,251 153,843 192,129 320 123,113 161,535 201,735 322 CITY MANAGER No range (e) Pay Plan 400. Pay Plan 400 will include Police Command Staff, Grade 400, steps will assure at least a five percent (5%) differential between the highest paid Police Captain and the Police Commander and a five percent (5%) differential between the Police Commander and Assistant Police Chief. Title Grade Step 1 Police Commander 401 $ 98,094 Assistant Police Chief 402 $102,982 When there is not a 5% differential between the highest paid Police Captain and Police Commander; Police Commander annual salary will be increased to assure at least a five percent (5%) differential between the highest paid Police Captain and Police Commanders. Annual salary for the Assistant Police Chief will be increased to assure at least a five percent (5%) differential between the highest paid Police Commander and Assistant Police Chiefs. (Ord. No. 24968, § 1, 7-23-2002; Ord. No. 25395, § 1, 7-22-2003; Ord. No. 025849, § 1, 7-20-2004; Ord. No. 026367, § 2, 7-26-2005; Ord. No. 026899, § 2, 7-25-2006; Ord. No. 027353, § 1, 7-24-2007; Ord. No. 027778, § 3, 7-22-2008; Ord. No. 027819, § 1, 8-26-2008; Ord. No. 028163, § 1, 5-12-2009; Ord. No. 028254, § 1, 7-28-2009; Ord. No. 029157, § 1, 7-26-2011; Ord. No. 029239, § 1, 10-11-2011; Ord. No. 029590, § 1, 8-21-2012; Ord. No. 029918, § 1, 7-30-2013) Section 2. That all ordinances, rules, or parts of ordinances or rules in conflict with this ordinance are hereby expressly repealed. Section 3. This ordinance is effective upon final adoption by the City Council. The new classifications, pay grades and ranges will become effective upon passage of this ordinance and the FY 2014- 2015 budget. Section 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance amending the Corpus Christi Code of Ordinances, Chapter 39, Personnel, Article III Employee Classification and Compensation System to revise Section 39-303, adjusting the pay grades and steps to implement a one and a half percent (1.5%) cost of living increase as approved in the Fiscal Year 2015 Budget and to add new pay grades 401 and 402; repealing conflicting ordinances and rules; providing for effective date and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-303, is amended to read as follows: Sec. 39-303. Standard classifications, pay grades, and ranges. (a) (b) Grade 101 102 Classifications. The classifications of employees of the city, as set forth in this section, will include: Pay Plan 100 Non -Exempt (FLSA Overtime Eligible); Pay Plan 200 Exempt (FLSA Overtime Ineligible); ai Pay Plan 300 Executives (FLSA Overtime Ineligible); and Pay Plan 400 Police Command Staff, Pay Plan 100. Pay Plan 100 will include positions that are designated as non-exempt under the FLSA. The city manager will periodically review positions and take corrective action, as required, to assure they are properly classified under the FLSA. The pay grades and ranges for positions in Pay Plan 100 are as follows: Pay Plan 100 FLSA Overtime Eligible Minimum $17,124$16,871 17,98017,71 /I 103 18,87918,600 Midpoint $22,467$22,135 23 59123,2/12 Maximum $28,058$27,6/1/1 29,46129,026 24,7702/1,'10'1 30 93430/177 104 19 82219,529 26,008 25,621 32,48132,001 105 20,81320,505 27,30926,905 34,10533,601 106 21,85321,530 28,67428,250 35,81035,280 107 22,94722,608 30,10829,663 37 60137,0/15 108 24,09423,738 31 61331,1/16 39,48138,897 109 25 2992/1,925 33,19432,703 41,454/10,8/12 110 26,56426,171 3485431,339 43,528/12,885 111 27 89227/180 36 59736 056 45,70415 029 112 29,28728,85/1 38,42637,858 47,989/17,279 113 30 75030 296 40 34739 751 50,388/19 6/11 114 32,28831,811 42,3654-1-,739 52,90852,126 115 33 90333/102 44,483/13,826 55 5545/1,733 116 35 59835,072 46,707/16,017 58 33157/169 117 37,37736,825 49,043/18,318 61 24760,3/13 118 39,24738 667 51,49550 73/1 64,31063 360 119 41,209/10,600 54,07053 271 67,52666,528 120 43,269/12,630 56 77355,93/1 70 90269,85/1 121 45,4324/1,761 59,61258,731 74,44773,3/1 7 122 123 124 47 70446,999 50 090/19,350 52,59451,817 125 55,224541,4108 (c) Grade 201 202 203 62,59261,667 65 7226/1,751 78,16977,01 /1 82,07880,865 69,00867,988 86 1818/1,908 72,45971,388 90 49189,15/1 Pay Plan 200. Pay Plan 200 will include all positions that may be designated as exempt from overtime under the FLSA. The pay grades and ranges for positions in Pay Plan 200 are as follows: Minimum $32,181$31-,705 33,79033,291 35 4793/1,955 Pay Plan 200 FLSA Overtime Ineligible Midpoint Maximum MI6 $42,224$4-1-,600 44 335/13,680 46 552/15,86/1 $52,732$5953 55 3685/1,550 58 13757,278 204 37,25336,702 48,87918157 61 04460,1/11 205 39,11638,538 51,32450,565 64 09663,1/19 206 41 07240/165 53,89053,093 67,30166,306 207 43 12542/188 56 58455,7/18 70,66669,622 208 45 2814/1,612 59,41358,535 74,19873,102 209 47 54546,8/13 62 38361/162 77,90876,758 210 49 923/19,185 65 5036/1,535 81,80480,595 211 52 41951,6V 68,77867 762 85,89581 625 212 55 0395/1,226 72,21771,150 90,18988,857 213 57,79256 938 75,82971 708 94,70093 300 214 60,68259,785 79 62078/1/13 99,43497,965 215 63 71662,77/1 83,60082,365 ! 104,406102,863 216 66,90265,913 87 78086/183 109,6251095 217 70,24569,207 92,16990,807 115 107113/105 218 73,75872 668 96,77795 317 120,861119,075 219 77,44676,301 101,616100,11 1 126,901 125,029 220 81,31880,116 106,697105,120 133,250131,280 221 85,38481,122 112,032110,376 139,912137,81 1 The assistant fire chief and police commander will be moved within their respective ranges to assure a minimum five (5) per cent differential between minimum rate for firc battalion chief and police captain. (d) Pay Plan 300. Pay Plan 300 will include positions at the highest level of decision- making and responsibility. The pay grades and ranges for positions in Pay Plan 300 are as follows: Grade Minimum 307 $65,320$61,355 308 68,55467,511 Pay Plan 300 Executives FLSA Overtime Ineligible Midpoint Maximum $85,666$81,100 89,94988,620 $106,985$105,11011 309 71,98270,918 112,331 110,671 94,44693,051 117,951116,208 310 75.58171 11 611 311 79,36178,188 99.17097 701 104,128102,589 123,849122,019 130,042128,120 312 83,32782,096 313 87,49586,202 109,333107,718 114 801113,10/I 136 54213/1,525 143,3711/11,251 314 91,87090,512 315 96,46395,038 316 317 318 101 28699,789 106 35010/1,778 111,667110,017 120 541118,759 150,5391/18,311 126 56812/1,697 132,896130,932 139,540137,178 146,5181'1'1,353 158 066155,729 165,969163,516 174,266171,691 182,981180,277 319 117,251115,518 153,8434-54,5 4 192,129189,290 320 123,11 34.,4 161,5354 59,448 201 735448454 322 CITY MANAGER No range Pay Plan 400. Pay Plan 400 will include Police Command Staff, Grade 400, steps will assure at least a five percent (5%) differential between the hiqhest paid Police Captain and the Police Commander and a five percent (5%) differential between the Police Commander and Assistant Police Chief. Title Grade Step 1 Police Commander 401 $ 98,094 Assistant Police Chief 402 $102,982 When there is not a 5% differential between the hiqhest paid Police Captain and Police Commander; Police Commander annual salary will be increased to assure at least a five percent (5%) differential between the highest paid Police Captain and Police Commanders. Annual salary for the Assistant Police Chief will be increased to assure at least a five percent (5%) differential between the highest paid Police Commander and Assistant Police Chiefs. (Ord. No. 24968, § 1, 7-23-2002; Ord. No. 25395, § 1, 7-22-2003; Ord. No. 025849, § 1, 7-20-2004; Ord. No. 026367, § 2, 7-26-2005; Ord. No. 026899, § 2, 7-25-2006; Ord. No. 027353, § 1, 7-24-2007; Ord. No. 027778, § 3, 7-22-2008; Ord. No. 027819, § 1, 8-26-2008; Ord. No. 028163, § 1, 5-12-2009; Ord. No. 028254, § 1, 7-28-2009; Ord. No. 029157, § 1, 7-26-2011; Ord. No. 029239, § 1, 10-11-2011; Ord. No. 029590, § 1, 8-21-2012; Ord. No. 029918, § 1, 7-30-2013) Section 2. That all ordinances, rules, or parts of ordinances or rules in conflict with this ordinance are hereby expressly repealed. Section 3. This ordinance is effective upon final adoption by the City Council. The new classifications, pay grades and ranges will become effective upon passage of this ordinance and the FY 2014- 2015 budget. Section 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 23, 2014 Second Reading Ordinance for the City Council Meeting of September 30, 2014 DATE: September 11, 2014 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health annetter@cctexas.com 361-826-7203 Program Income FY 14-15 Appropriation of Funds CAPTION: Ordinance appropriating $459,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2014-2015 program income to fund laboratory and public health services for the period of September 1, 2014 through August 31, 2015. PURPOSE: The Program Income Funding allows the Health District to supplement local funds for public health services which help with supplies, minor equipment, contractual services, training and computer equipment. BACKGROUND AND FINDINGS: The Corpus Christi-Nueces County Public Health District receives funding from the Department of State Health Services (DSHS) for various public health services. As a result of this support, fees that are charged must be prorated to determine the percentage of revenues that were generated using State/Federal funds. The State/Federal supported revenues are deemed Program Income (P1). PI earned during the State fiscal year (September 1- August 31) must be spent during that year or returned to the State. PI earned is to be used to supplement local funds for public health services. Staff reviews actual earnings and projected earnings to recommend an annual appropriation to cover expenditures. Planned expenditures for FY 14-15 include supplies, minor equipment, contractual services, training and computer equipment. ALTERNATIVES: Unused Program Income funds must be returned to the State. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for appropriation of program income funds. EMERGENCY f NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: x Operating x Revenue o Capital o Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $459,000 $459,000 BALANCE $459,000 $459,000 amts): grogram Income Comments: No fiscal impact to General Fund. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Program Income 0) CL x LU 41 O. Lt si G ›- LL F Dai pa it) � C 00 00 Aao 00 tzt MD '.0 M Vl .-w O O O 0 V1 O 41 0 41 . O t-. N 4n M '0 41 .--+ d O Vl 0 '.O N O O '.O to O O O 6D 10 1 Vl .^. O ti0 00 N O O O cn N O1 41 CV Cl O t O N 0 et?. kO Irl O �# DD O .-- O t- Cr). .-� .-, .-. �- to M O N- �! O .-+ t- .-< '.0 N 00 c`) to hl - rr 00 ( 00 00 Er) O 00 O V1 N d - d cn 00 tr O O O1/40 O 00 d O, '.0 N 00 O cn O N 0 00 0' O O 00 O Vl 00 N t: cr?. N N N t- 0 cwt en 00 47 1 O rn 0 N 0 1/40 0000 0 4') 1/40 N O 01/4 d' <n N1/40 00 O to 0 Vl 00 O to 00 �t 00 N P4 w -44 U 0 U ap 4 -45 Gel U •0 0 • 4) 0 0 0 N R Cr5 0) U 00 0 O O d O 0 0 0 0 0 0 d d 0 0 0 O O O N to .1- V) 00 t' U' 0' d_ .-- CV to O O O d 0 0 0 0 0 0 0 �-+ ,. O O— en 6 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N Cl N N N N cn V▪ 1 V7 41 Vl N V1 Vl Vl ml 61 4') N '4 V) V) V) col 0) U al .43w a° 40 aO. O O O d 0 t- O rt 6D N. O O d 0 ch <n to cn M ✓ I 41 1t7 Vl 41 0 V 0 z to U 00 R 0) U Ems-{ 0 0 0 U ro a) 0. 0 Vl 0 0 cst 1/40 00 .5 .5 cn V7 N cn 0.4 /30 O O O O d N 0 00 to tentoN t' to d cENNN cntn� O O O O d 0 0 cn to on on tn to to cn to Vl 41 41 Vl V) 41 41 U 0 U 0 O 1 V44.4 0 O O O O ,-, 'n N O N O .� O O h 00 Vl Vl 41 41 0 0 A o CD CD 0 O 0 0 O 0 d tin 6t') un kin 41 V) d 0 O� uZ a O O O\ v, O O O O O N N 64 69 O O 0 kr)" cn c41n") 04 60 O O 00 ri 6469 4▪ ) N d Q. N 0 Q. O ES. O N Page 1 of 2 Ordinance appropriating $459,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2014-2015 program income to fund laboratory and public health services for the period of September 1, 2014 through August 31, 2015. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $459,000 from estimated program income revenue is appropriated in the No. 1066 Health Grants Fund as State fiscal year 2014-2015 program income to fund laboratory and public health services for the period of September 1, 2014 through August 31, 2015. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, 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 , 2014, 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: Rebecca Huerta Nelda Martinez City Secretary Mayor AGENDA MEMORANDUM Future Item for the City Council Meeting of September 30, 2014 Action Item for the City Council Meeting of October 14, 2014 DATE: September 30, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Michael Armstrong, Director of Information System michaelar@cctexas.com 361-826-3740 Lease of Computers, Servers and other computer peripherals and related products CAPTION: Motion approving a supply agreement with CSI Leasing, Inc., Saint Louis, Missouri for lease of approximately 300 desktop computers, 200 laptop computers, 20 servers, and other computer peripherals and related products in accordance with the State of Texas cooperative purchasing program and the City's Master Lease Agreement No. 1880CCC for an estimated expenditure of $1,398,138.27. The term of the contract will be for twelve months with an option to extend for up to three additional twelve month periods subject to the approval of the supplier and the City Manager or designee. PURPOSE: This lease contract will provide for the lease of computers, servers and other computer peripherals and related products to be ordered by various departments throughout the year. BACKGROUND AND FINDINGS: The desktop computers and servers will be leased for a forty-eight month term. The laptop computers will be leased for a thirty-six (36) month term. The decision to lease the laptops for a 36 month term is based upon the expected life and maintenance costs associated with a laptop computer. The laptops are moved from location to location, may be exposed to extreme temperatures and are susceptible to damage. These conditions tend to lower the expected life of a laptop unit and increase the maintenance cost. Desktop computers and servers are normally located in a stable environment that provide for longer term performance. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The lease is a continuation of the City's program to lease computers in lieu of purchasing them outright. The program's objectives are targeted at: 1) providing users with the latest technology once every three years for laptops and four years for desktops 2) providing a disposal process for old computer equipment, 3) spreading the cost associated with acquiring computer equipment over the lease period and 4) decreasing the cost associated with maintaining computer equipment by including a warranty for the duration of the lease period. 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. DEPARTMENTAL CLEARANCES: Municipal Information Systems (MIS) Department Police Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012-2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,696,283.97 $1,398,138.27 $5,063,919.01 Encumbered / Expended Amount $407,992.85 $407,992.85 This item $0.00 $1,398,138.27 $1,398,138.27 BALANCE $3,288,291.12 $3,288,291.12 Fund(s): Monies are budgeted in the 530180 expense account (non -capital lease payments) of the various operational budgets of the requesting departments. Comments: No funds are required for FY 2013-2014. However, the $1,398,138.27 will be requested during each of the following budget years. The City will order computers as needed and is not compelled to order a minimum number of computers in any given year. If at the end of the twelve-month term of the contract, if all 300 desktop computers, 200 laptop computers 20 servers and other computer peripherals and related products are ordered, the City will obligate to the $1,398,138.27 of the award. Annual funding will be requested during each of the following budget years. The ongoing contract is contingent upon all future budget appropriations. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - GABRIEL MALDONADO Price Sheet DIR CONTRACT NO.: DIR-SDD-1880 CSI Leasing, Inc. ITEM DESCRIPTION Item Lease CSI Leasing, Inc. Saint Louis, Missouri Monthly payment each Monthly payment total Three Year payment total Four Year payment total QTY. UNIT QTY UNIT UNIT PRICE LEASE RATE 1. Public Safety Vehical Computer and peripheral 70 Each 48 Months $6,000.00 0.0227 $136.20 $9,534.00 $457,632.00 2. Networking Upgrades Cisco Catalust 3850 Switch WS -C#850 - 24P -S 14 Each 48 Months $5,000.00 0.0231 $115.50 $1,617.00 $77,616.00 Module & Power Supply 12 Each 48 Months $1,375.00 0.0236 $32.45 $389.40 $18,691.20 Wireless Mesh Router 50 Each 48 Months $3,500.00 0.0236 $82.60 $4,130.00 $198,240.00 3. Desktop Computer HP ProDesk 600 G1 Tower Desktop, PC 20" Monitor 300 Each 48 Months $773.25 0.0227 $17.55 $5,265.83 $252,759.96 4. Laptop Computer HP ProBook 640 G1 Notebook PC 50 Each 36 Months $867.01 0.0276 $23.93 $1,196.47 $43,073.06 14" Standalone HP ProBook 640 G1 Notebook PC 50 Each 36 Months $1,119.25 0.0276 $30.89 $1,544.57 $55,604.34 14" Desktop Replacement HP ProDesk 650 G1 Notebook PC 50 Each 36 Months $874.01 0.0276 $24.12 $1,206.13 $43,420.82 15" Standalone HP ProDesk 650 G1 Notebook PC 50 Each 36 Months $1,126.25 0.0276 $31.08 $1,554.23 $55,952.10 15" Desktop Replacement 3. Servers 20 Each 48 Months 8,800.00 0.0231 $203.28 4,065.60 195,148.80 Total Grand Total Award: $1,398,138.27 $198,050.31 $1,200,087.96 AGENDA MEMORANDUM Future item for the City Council Meeting of September 30, 2014 Action item for the City Council Meeting of October 14, 2014 DATE: August 21, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P. E., Interim Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 CAPTION: Engineering Construction Contract Schanen Ditch Improvements Phase 2 Motion authorizing the City Manager, or designee, to execute a construction contract with Saenz Brothers Construction, LLC of Donna, Texas in the amount of $678,276.00 for the Schanen Ditch Improvements Phase 2 project for the total base bid. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the construction contract with Saenz Brothers Construction, LLC for Schanen Ditch Improvements Phase 2. BACKGROUND AND FINDINGS: Phase 2 of this project continues improvements to the lower reach of Schanen Ditch, a major drainage channel for the City of Corpus Christi. Improvements include outfalls into the Channel with new headwalls, wingwalls, reinforced concrete pipe, and rip -rap, as well as excavation and grading to address existing sloughed or damaged areas of the channel, to establish the proper side slopes for the channel, and to provide slope protection for the side slopes. On July 23, 2014, the City received proposals from four (4) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Saenz Brothers Construction, LLC Pleasanton, Texas $678,276.00 Salinas Construction Technologies, Ltd. Pleasanton, Texas $698,113.49 ADK Environmental, Inc. Odem, Texas $839,628.00 K:\ENGINEERING\LEGISTAR\11 - SEPTEMBER 30\SCHANEN DITCH\AGENDA MEMO - SCHANEN DITCH.DOCX JE Construction Services, LLC Corpus Christi, Texas $1,058,615.18 ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's consultant, Freese and Nichols, Inc., conducted a bid analysis of the four (4) proposals submitted to the City. Freese and Nichols, Inc. determined that the lowest bidder based on the Total Base Bid is Saenz Brothers Construction, LLC of Donna, Texas. Based on the information submitted, Saenz Brothers Construction, LLC has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria and FY 2013-2014 Storm Water Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT. Fiscal Year 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0.00 $1,000,000.00 $2,400,000.00 $3,400,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $678,276.00 $0.00 $678,276.00 Future Anticipated Expenditures This Project $0.00 $282,935.61 $0.00 $282,935.61 BALANCE $0.00 $38,788.39 $2,400,000.00 $2,438,788.39 Fund(s): Comments: RECOMMENDATION: City staff recommends that the construction contract be awarded to Saenz Brothers Construction, LLC of Donna, Texas in the amount of $678,276.00 for the Schanen Ditch Improvements Phase 2 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\11 - SEPTEMBER 30\SCHANEN DITCH\AGENDA MEMO - SCHANEN DITCH.DOCX Project Location PROJECT #E11073 LOCATION MAP NOT TO SCALE Schanen Ditch Improvements Phase 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS It DEPARMENT OF CAPITAL PROGRAMS PAGE 1 OF 1 PROJECT BUDGET ESTIMATE SCHANEN DITCH IMPROVEMENTS PHASE 2 Project No. E11073 FUNDS AVAILABLE: Storm Water CIP $3,458,639.00 FUNDS REQUIRED: Construction (Saenz Brothers Construction) 678,276.00 Contingency (10%) 67,827.60 Construction Inspection (estimate) 35,000.00 Design Fees: Engineering (Freese and Nichols) 72,978.00 Engineering (CAPNOR USA) 9,466.46 Construction Materials Testing (Rock) 4,724.00 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) 14,526.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 32,642.00 Misc. (Printing, Advertising, etc.) 5,000.00 TOTAL $920,440.06 * ESTIMATED PROJECT BUDGET BALANCE $2,538,198.94 * Remaining project budget to be used for future project phases of Schanen Ditch Improvements Orginal contract awarded July 21, 2011 al* Corpus Chr sti Capital Programs Schanen Ditch Improvements Phase 2 Council Presentation September 30, 2014 Project Scope o � � 1 \\ Project Location PROJECT 0E11073 Corp‘40 sti Capital Programs Base Bid includes: • excavation and grading to restore damaged area of side slopes and also provide slope protection Concrete work on culvert/outfalls Other miscellaneous items Project Schedule Corp‘40 sti Capital Programs 2011 2012 2013 2014 2015 ImayIJunIJuiI'u"I 'IuctINovluecIJanI Imar1pr1Ma1JunIJuIINu"I 'IuctINovluecIJanI Imar1Npr1Ma`JunIJuII'uglse.IuctINovluecIJanI mar1pr1Ma'I Design Project Estimate: 140 Calendar Days N 5 Months I ugSeploctINovIDecIJanIFeb Bid Construction FUNDS AVAILABLE: Storm Water CIP FUNDS REQUIRED: Construction (Saenz Brothers Construction) Construction Inspection (estimate) Engineering (Freese and Nichols) Engineering (CAP NOR USA) Construction Materials Testing (Rock) Reimbursements Project Budget Corpus Chr sti Capital Programs $3,458,639.00 678,276.00 Contingency (10%) 67,827.60 35,000.00 Design Fees: TOTAL * ESTIMATED PROJECT BUDGET BALANCE 72,978.00 9,466.46 4,724.00 52,168.00 $920,440.06 $2,538,198.94 * Remaining project budget to be used for future project phases of Schanen Ditch Improvements Original contract awarded July 21, 2011 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 30, 2014 Action Item for the City Council Meeting of October 14, 2014 DATE: TO: September 18, 2012 Ronald L. Olson, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Grant for Accion Texas Loan Buy Down Program for Fiscal Year 2014-2015 CAPTION: Resolution approving the renewal of a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Accion Texas, Inc. ("Accion") to provide grant amount up to $250,000 for the interest buy down and grant programs for small businesses. PURPOSE: Approve the renewal of a Type A Grant for Accion Texas Loan Buy Down Program for Fiscal Year 2014-2015 BACKGROUND AND FINDINGS: Accion Texas Inc. supports small and start-up companies with a loan interest buy -down program when traditional financing is not available. Type A has provided funding since 2004. Accion has assisted over 250 small businesses in the city since the inception of this program. ALTERNATIVES: Enlist local banks to lend to small businesses. To qualify for this program, small businesses must have been turned down for a bank loan. Additionally local banks already participate in the Small Business Administration (SBA) loan program. OTHER CONSIDERATIONS: By assisting small businesses the City is increasing the economic development and growing future jobs. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and assisting small businesses thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: NON -EMERGENCY DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 250,000 250,000 Encumbered / Expended Amount This item 250,000 250,000 BALANCE 0 0 Fund: Type A Fund 1140 Comments: RECOMMENDATION: Staff recommends that the City Council authorize the one year renewal of this Type A agreement LIST OF SUPPORTING DOCUMENTS: Certification of Funds Small Business Incentive Agreement Accion Page 1 of 2 RESOLUTION Resolution approving the renewal of a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Accion Texas, Inc. ("Accion") to provide grant amount up to $250,000 for the interest buy down and grant programs for small businesses. WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Accion for interest buy down and grant programs for small businesses within the City will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the one year renewal of the business incentives agreement for interest buy down and grant programs for small businesses between the Type A Corporation and Accion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the renewal of the business incentives agreement for the creation and retention of jobs between the Type A Corporation and Accion that provides for interest buy down and grant programs for small businesses within the City of Corpus Christi, which is attached to this resolution as Exhibit A, is approved. This resolution takes effect upon City Council approval on this the day of , 2014. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Resolution - Accion Nelda Martinez Mayor APPROVED: day of , 2014. Corpus Christi, Texas of , 2014 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Resolution - Accion Page 2 of 2 SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND ACCION TEXAS, INC. FOR AN INTEREST BUY DOWN PROGRAM FOR SMALL BUSINESSES This Small Businesses Incentives Agreement for an Interest Buy Down Program for Small Businesses ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and ACCION Texas, Inc., a Texas nonprofit corporation ("ACCION Texas"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009-2011 on November 17, 2009; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, ACCION Texas is a Texas nonprofit corporation whose principal mission is to provide loans to small business owners lacking access to commercial credit; WHEREAS, ACCION Texas anticipates, over the next twelve months, providing interest buy down to 5.5% for approximately 60 loans with an average value of $25,000 to low and moderate income micro and small business owners in Corpus Christi to generate 20 new permanent full- time jobs; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to ACCION Texas, through this contract with ACCION Texas, to be used by ACCION Texas to buy down the interest on commercial loans to 5.5% interest for small businesses and establish a small business grant program, both of which will result in creation of new full-time permanent jobs in the city of Corpus Christi. Page 1 of 12 SMALL BUSINESS INCENTIVE AGREEMENT - ACCION 06 27 2012.docx In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and ACCI6N Texas agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for one year from August 1, 2012, through July 31, 2013. This agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. 3. Loan Loss Reserve Program. a. The Corporation has previously provided $75,000 for the Loan Loss Reserve Program. b. The Loan Loss Reserve Program funds will be used to allow ACCION Texas to leverage additional capital for small business loans. c. "Small business" is defined in the Corpus Christi Business & Job Development Corporation Guidelines & Criteria for Granting Business Incentives ("Corporation Guidelines), adopted on May 5, 2003, and amended on November 9, 2010. d. ACCION Texas anticipates that it will have one million dollars available on an annual basis to be lent to qualifying small businesses in Corpus Christi. e. For every $50,000 in loans that ACCION Texas provides to a small business in Corpus Christi, ACCI6N Texas shall ensure that the loan will result in the creation of one new full-time permanent job in the city of Corpus Christi. f. Businesses assisted must be located in or locating within the city limits of Corpus Christi, Texas. g. Businesses assisted must be unable to obtain a loan from traditional lending institutions. h. Loan amounts shall be within the range of $5,000 to $75,000. i. ACCION Texas shall provide the Corporation with quarterly reports to identify the loans made, name and address of business receiving loan, jobs created, and other reports as requested by the Corporation. j. ACCION Texas shall provide the corporation with quarterly reports of capital available for loans to qualified Corpus Christi small businesses or qualified small businesses locating to Corpus Christi. k. ACCI6N Texas will provide funds for operations and loan capital to implement and sustain the program. 4. Interest Buy Down Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay ACCION Texas up to $350,000 for the Page 2 of 12 SMALL BUSINESS INCENTIVE AGREEMENT - ACCION 06 27 2012.docx Interest Buy -Down Program as follows: i. ACCI6N Texas must first receive a request for a loan from a small business or start-up company that has the ability to produce jobs in the future and is located in Corpus Christi or will be locating in Corpus Christi ("Business"). ii. The request from the applicant must include a notarized affidavit stating that they have applied for normal financing from a bank, or similar lending institution, and have been denied a loan. iii. ACCI6N Texas shall review the request for a loan from the Business. iv. Upon ACCION Texas approval of a loan, and prior to the closing of the loan, ACCI6N Texas shall submit Attachment "A" to the Corporation requesting funds to buy down the interest rate from the interest rate allowable per the underwriting criteria to 5.5%. The Corporation authorizes an interest buy down up to 7% of the interest rate to finance the loan. Payment by Corporation shall not exceed $17,500 per loan and shall be calculated using the following formula: (Loan amount x interest rate to buy down to 5.5%) / 12 = N N x number of payments=interest buy down reimbursement to ACCI6N Texas for business loan. (The number of monthly payments shall not exceed sixty (60).) Example: ($10,000 x 7%) / 12 = 58.33 58.33 x 36 = $2,100 = amount to be reimbursed to ACCION Texas for business loan. v. The Corporation shall provide a response to approve or deny the reimbursement for the Interest Buy Down Program funds to ACCI6N Texas within 2 business days of receipt of Attachment "A." The Corporation shall reimburse funds within 30 days after evidence of closing the loan is submitted. vi. The total funds available on an annual basis under the Interest Buy Down Program under this agreement are $350,000. b. The loans assisted with the program must be within the range of $5,000 to $75,000. c. This program must result in the creation of one permanent full-time job per every loan of at least $50,000 assisted with the Interest Buy Down Program. ACCION Texas shall ensure that the loan will result in the creation of one new full-time permanent job in the city of Corpus Christi. d. Businesses assisted through this program must be: i. A start-up or existing small business that is unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case ACCI6N Texas can Page 3 of 12 SMALL BUSINESS INCENTIVE AGREEMENT - ACCION 06 27 2012.docx loan the remaining amount with the buy down interest rate program in conjunction with the bank\credit union. ii. An existing small business that needs assistance to expand. iii. Any business assisted under the provisions of paragraphs i or ii of this subsection, must be: A. Located in or locating in Corpus Christi city limits. B. Current on payment of all sales taxes. C. Current on payment of all ad valorem taxes in the City of Corpus Christi. e. The following projects are ineligible for this program: i. Refinancing of existing loans or debt ii. Businesses located outside the Corpus Christi city limits iii. Home-based businesses located outside the Corpus Christi city limits iv. Loans to existing businesses which are not planning on expanding v. Business retention. f. ACCI6N Texas may use up to $200,000 to assist start-up and existing small businesses that have little or no access to traditional credit, and up to $150,000 to existing small businesses that wish to expand. g. ACCI6N Texas shall provide the Corporation with quarterly reports as provided in Attachment "Bn to identify the loans made, name and address of the business receiving the loan, jobs created under the Interest Buy Down Program, and other reports as requested by the Corporation. h. ACCI6N Texas shall provide funds for operations and loan capital to implement and sustain the program. i. ACCI6N Texas shall develop loan underwriting criteria and payment terms and conditions for its loan program and provide to the Corporation. j. At the termination of this agreement and after repayment or other conclusion of all loans assisted by Interest Buy Down Program, ACCION Texas will return to the Corporation any unexpended funds remaining from the Loan Loss Reserve Program. 5. Small Business Grant Program. a. In consideration for creation and maintenance of new jobs as provided in this Agreement, the Corporation agrees to pay ACCION Texas up to $50,000 for the Small Business Grant Program as follows: Page 4 of 12 SMALL BUSINESS INCENTIVE AGREEMENT - ACCION 06 27 2012.docx i. Grants to loan applicants who do not meet standard underwriting criteria, either because of capacity, cash flow, or credit, who could benefit from a grant to boost their ability to become successful. The grant amount may not exceed $2,500 or 10% of the principal amount requested, whichever is less. ii. Grants to loan applicants who want to use part of loan proceeds to reduce energy consumption or transition into green retail products. The grant amount may not exceed $2,500 or 25% of the upgrades presented in the loan file. iii. Grants to loan applicants who provide services for working families (e.g. both children and adult day care centers) to improve their facilities to be compliant with state/federal standards. The grant amount may not exceed $2,500. iv. Grants to loan applicants that are veteran owned businesses. The grant amount may not exceed $500. v. Working capital grants to holders of existing loans with ACCI6N Texas. If the loans that have paid routinely on time for a period of 24 months, the maximum grant amount may not exceed $1,000. If the loans have been paid routinely on time for a period of 12 months on time payments, the maximum grant amount may not exceed $500 grant. b. The loans assisted with the program must be within the range of $500 to $25,000. c. This program must result in the creation of one permanent full-time job per every related loan of at least $50,000 assisted through the Interest Buy Down Program. ACCION Texas shall ensure that the loans will result in the creation of one new full-time permanent job in the city of Corpus Christi. d. Businesses assisted through this program must be: i. A start-up or existing small business that is unable to obtain a loan from a traditional financial institution or unable to qualify for the total needed for a business loan through a bank or credit union, in which case ACCI6N Texas can loan the remaining amount with the Buy Down interest rate program in conjunction with the bank\credit union. ii. An existing small business that needs assistance to expand. iii. Any business assisted under the provisions of paragraphs i or ii of this subsection, must be: A. Located in or locating in Corpus Christi city limits. B. Current on payment of all sales taxes. C. Current on payment of all ad valorem taxes in the City of Corpus Christi. e. The following projects are ineligible for this program: Page 5 of 12 SMALL BUSINESS INCENTIVE AGREEMENT - ACCION 06 27 2012.docx i. Businesses located outside the Corpus Christi city limits ii. Home-based businesses located outside the Corpus Christi city limits iii. Grants to existing businesses which are not planning on expanding f. ACCION Texas shall provide the Corporation with quarterly reports as provided in Attachment "B" to identify the grants made, name and address of the business receiving the grant, jobs created under the related Interest Buy Down Program, and other reports as requested by the Corporation. g. ACCION Texas shall provide funds to implement and sustain the program. h. ACCI6N Texas shall develop grant award criteria and payment terms and conditions for the grant loan program, and must provide copies of the criteria, terms, and conditions to the Corporation. i. At the termination of this agreement or other conclusion of the Small Business Grant Program, ACCI6N Texas shall return to the Corporation any unexpended funds remaining from the Small Business Grant Program. 6. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A "job" is defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. c. ACCION Texas agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the loan to the Business. d. ACCION Texas agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full-time permanent employees employed by the small business. e. ACCION Texas shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. 7. Buy Local Provision. a. ACCI6N Texas agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Page 6 of 12 SMALL BUSINESS INCENTIVE AGREEMENT - ACCION 06 27 2012.docx 8. Local Offices. Two staff persons of ACCION Texas offices shall be located in Corporation designated offices or a mutually agreeable location. 9. Representation on ACCI6N Texas governing board. ACCI6N Texas agrees to appoint a person designated by the Corporation as a member of ACCI6N Texas governing board. 10. Warranties. ACCION Texas warrants and represents to Corporation the following: a. ACCION Texas is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. ACCI6N Texas has the authority to enter into and perform, and will perform, the terms of this Agreement. c. ACCION Texas has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. ACCION Texas has received a copy of the Act and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. If an audit determines that the funds were not used for authorized purposes, ACCION Texas agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Agreement on behalf of ACCION Texas are duly authorized to execute this Agreement on behalf of ACCI6N Texas. g. ACCI6N Texas does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, ACCION Texas is convicted of a violation under §U.S.C. Section 1324a(f), ACCI6N Texas shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date ACCION Texas has been notified of the violation. 11. Compliance with Laws. ACCION Texas shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 12. Non -Discrimination. ACCI6N Texas covenants and agrees that ACCION Texas will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 13. Force Majeure. If the Corporation or ACCION Texas are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Page 7 of 12 SMALL BUSINESS INCENTIVE AGREEMENT - ACCION 06 27 2012.docx Corporation or ACCI6N Texas are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 14. Assignment. ACCI6N Texas may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 15. Indemnity. ACCION Texas covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with ACCION Texas activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. ACCION Texas must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 16. Events of Default. The following events constitute a default of this Agreement: a. Failure of ACCION Texas to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of ACCI6N Texas contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed a ainst ACCION Texas or any attachment or other levy against the property of ACCION Texas with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. ACCI6N Texas makes an assignment for the benefit of creditors. e. ACCI6N Texas files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by ACCI6N Texas become delinquent, and ACCION Texas fails to timely and properly follow the legal procedures for protest or contest. g. ACCI6N Texas changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 17. Notice of Default. Should the Corporation or City determine that ACCI6N Texas is in default according to the terms of this Agreement, the Corporation or City shall notify ACCI6N Page 8 of 12 SMALL BUSINESS INCENTIVE AGREEMENT - ACCION 06 27 2012.docx Texas in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for ACCI6N Texas to cure the event of default. 18. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of ACCI6N Texas, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. ACCION Texas shall immediately repay all funds paid by Corporation under this Agreement. b. ACCI6N Texas shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to ACCI6N Texas under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 19. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of ACCI6N Texas' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time ACCI6N Texas is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 20. ACCI6N Texas specifically agrees that Corporation shall only be liable to ACCION Texas for the actual amount of the money grants to be conveyed to ACCION Texas, and shall not be liable to ACCION Texas for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being August 1, 2012, through July 31, 2013. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax Page 9 of 12 SMALL BUSINESS INCENTIVE AGREEMENT - ACCION 06 27 2012.docx revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from ACCION Texas to be accompanied by all necessary supporting documentation. 21. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: ACCION Texas: ACCION Texas Attn.: Janie Barrera 2014 Hackberry San Antonio, Texas 78210 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 22. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 23. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 24. Relationship of Parties. In performing this Agreement, both the Corporation and ACCION Texas 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 Page 10 of 12 SMALL BUSINESS INCENTIVE AGREEMENT - ACCION 06 27 2012.docx either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 25. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and ACCION Texas. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to the Loan Loss Reserve Program and the Interest Buy Down Program shall survi - the termination of this agreement. Corpus Christi Bu By: Date: ness Job Development Corporation President Page 11 of 12 SMALL BUSINESS INCENTIVE AGREEMENT - ACCION 06 27 2012.docx _S- Oda (,oa CSUNCIL...,..., )7' Attest: By: uT�C Armando Chapa Assistant Secretary ACCION Texas, Inc. By: Date: President and Chief Executive Officer THE STATE OF TEXAS COUNTY OF NUECES § § § This instrument was acknowledged before me on 19 , 2012, by Janie Barrera, President and Chief Executive Officer for AC Ib Texas, Inc., a Texas non-profit corporation, on behalf of the corporation. i a 61. NA4 Notary Public State of Texas „11:7 4 ALICE G. GOMEZ OMEZ Notary Public, State of Texas My Commission Expires August 11, 2015 Page 12 of 12 SMALL BUSINESS INCENTIVE AGREEMENT - ACCION 06 27 2012.docx AGENDA MEMORANDUM City Council Meeting of September 30, 2014 DATE: TO: September 24, 2014 Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager wesp@cctexas.com 361-826-3082 Texas State Aquarium Lease Agreement STAFF PRESENTER(S): Name 1. Wes Pierson 2. 3. OUTSIDE PRESENTER(S): Title/Position Department Assistant City Manager Business Support Services Name Title/Position Organization 1. Tom Schmid President & CEO Texas State Aquarium 2. 3. BACKGROUND: Texas State Aquarium Association leases land for the Texas State Aquarium from the City of Corpus Christi. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Texas State Aquarium Lease Agreement Presentation Texas State Aquarium Lease Agreement Council Presentation September 30, 2014 Texas State Aquarium - Texas State Aquarium operated by the Texas State Aquarium Association (TSAA) since 1990 - City owns land and improvements TSAA has a lease through 2020 Texas State Aquarium Expansion - Largest expansion in its 24 year history - $50,000,000 Caribbean Journey completes the Aquarium's original master plan - 65,000 square feet - size of new building TSA Expansion Economic Impact - Increase the overall economic impact to $69 million - Support 887 area jobs and provide salaries of $20 million - Produce more than $10 million in hotel room sales - Generate more than $5 million for local taxing districts Request - Request a new lease -purchase agreement to use as security on a construction loan. - Enable Texas State Aquarium Association to own the assets they are investing in. 5 Options 1. Create a new lease -purchase agreement with essentially the same terms as the existing agreement, but with the option to purchase; based upon level of investment and continued operation over a period of time. 2. Create a new long-term lease with same terms as existing agreement. 6 Recommendation ✓ Create a new lease -purchase agreement with same terms as the existing agreement, but with the option to purchase; based upon level of investment and continued operation over a period of time. Process & Timeline - Work on and finalize agreement - Present to Council for 1st Reading on October 21, 2014 - Present to Council for 2nd Reading on November 18, 2014 - New lease -purchase agreement effective January 17, 2015 ** 28 day delay between 1St and 2nd reading is required per City Charter ** 60 day delay between 2nd reading and effective date is required per City Charter 8